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First Session, Forty-fourth Parliament, |
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70-71 Elizabeth II, 2021-2022 |
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STATUTES OF CANADA 2022 |
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CHAPTER 6 |
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An Act to amend the Constitution Act, 1867 |
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(electoral representation) |
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ASSENTED TO |
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JUNE 23, 2022 |
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BILL C-14 |
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RECOMMENDATION |
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Her Excellency the Governor General recommends to the House |
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of Commons the appropriation of public revenue under the cir- |
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cumstances, in the manner and for the purposes set out in a |
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measure entitled “An Act to amend the Constitution Act, 1867 |
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(electoral representation)”. |
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SUMMARY |
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This enactment amends section 51 of the Constitution Act, 1867 |
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to provide that, when the number of members of the House of |
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Commons and the representation of the provinces in that House |
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are readjusted on the completion of each decennial census, a |
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province will not have fewer members assigned to it than were |
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assigned during the 43rd Parliament. It also includes transitional |
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measures providing for the application of that amendment to the |
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readjustment of electoral boundaries under the Electoral Bound- |
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aries Readjustment Act following the 2021 decennial census. |
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Available on the House of Commons website at the following address: |
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www.ourcommons.ca |
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2021-2022 |
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70-71 ELIZABETH II |
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CHAPTER 6 |
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An Act to amend the Constitution Act, 1867 (electoral |
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representation) |
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[Assented to 23rd June, 2022] |
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Her Majesty, by and with the advice and consent of |
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the Senate and House of Commons of Canada, |
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enacts as follows: |
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Alternative Title |
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Alternative title |
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1 This Act may be cited as the Preserving Provincial |
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Representation in the House of Commons Act. |
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30-31 Vict., c. 3 (U.K.); 1982, c. 11 (U.K.) |
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Constitution Act, 1867 |
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2011, c. 26, s. 2 |
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2 Rule 2 of subsection 51(1) of the Constitution |
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Act, 1867 is replaced by the following: |
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2. |
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If the number of members assigned to a |
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province by the application of rule 1 and sec- |
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tion 51A is less than the total number assigned |
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to that province during the 43rd Parliament, |
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there shall be added to the number of members |
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so assigned the number of members that will |
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result in the province having the same number |
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of members as were assigned during that Par- |
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liament. |
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Interpretation |
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Deemed reference |
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3 A reference to the Constitution Acts, 1867 to |
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1982 is deemed to include a reference to section 2. |
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2021-2022 |
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Transitional Provisions |
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Definitions |
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4 (1) The following definitions apply in this sec- |
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tion and section 5. |
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Act means the Electoral Boundaries Readjust- |
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ment Act. (Loi) |
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old calculation means the calculation of the num- |
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ber of members of the House of Commons to be |
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assigned to each province done by the Chief Elec- |
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toral Officer under subsection 14(1) of the Act, |
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the statement of the results of which was pub- |
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lished in the Canada Gazette on October 16, 2021. |
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(calcul antérieur) |
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Words and expressions |
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(2) Unless the context otherwise requires, words |
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and expressions used in this section and section 5 |
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have the same meaning as in the Act. |
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New calculation |
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5 (1) As soon as feasible after the day on which |
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this section comes into force, the Chief Electoral |
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Officer must calculate the number of members of |
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the House of Commons to be assigned to each |
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province under subsection 14(1) of the Act, sub- |
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ject and according to the provisions of section 51 |
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of the Constitution Act, 1867 and the rules set out |
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in that section as they are amended by section 2, |
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and on completing that calculation must cause a |
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statement to be published in the Canada Gazette |
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setting out the results. |
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Province with different number of members resulting |
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from new calculation |
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(2) If the calculation referred to in subsection (1) |
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results in a different number of members of the |
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House of Commons for a province than was ob- |
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tained under the old calculation, |
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(a) any report referred to in subsection 14(2) of |
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the Act that is prepared in respect of the |
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province on the basis of the old calculation, |
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and anything done under sections 19 to 23 of |
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the Act on the basis of the report, are nullities; |
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(b) the |
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commission |
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established |
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for |
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the |
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province under section 3 of the Act in respect |
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of the most recent decennial census must pre- |
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pare a report under subsection 14(2) of the Act |
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in respect of the province on the basis of the |
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calculation referred to in subsection (1); and |
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2021-2022 |
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Chapter 6: Preserving Provincial Representation in the House of Commons Act |
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Transitional Provisions |
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Sections 4-5 |
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Page 5 |
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(c) the duties and functions set out in sections |
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19 to 23 of the Act are to be performed in re- |
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spect of the province following the preparation |
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of the report under paragraph (b), and the 10- |
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month period referred to in subsection 20(1) of |
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the Act is, in respect of the province, deemed |
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to begin on the day on which the statement re- |
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ferred to in subsection (1) is published in the |
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Canada Gazette. |
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No representation order before coming into force |
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(3) If, before the day on which this section comes |
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into force, no representation order was prepared |
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and transmitted under subsection 24(1) of the Act |
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on the basis of the old calculation, the Chief Elec- |
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toral Officer must — without waiting for the re- |
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port prepared under subsection 20(1) of the Act |
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for a province referred to in subsection (2) — pre- |
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pare and transmit a representation order under |
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subsection 24(1) of the Act that applies in respect |
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of all provinces other than that province. |
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Representation order before coming into force |
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(4) If, before the day on which this section comes |
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into force, a representation order was prepared |
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and transmitted under subsection 24(1) of the Act |
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on the basis of the old calculation, that represen- |
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tation order and any proclamation made under |
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subsection 25(1) of the Act that declares it to be in |
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force are nullities only in respect of a province |
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referred to in subsection (2). |
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Representation order and proclamation — province |
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referred to in subsection (2) |
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(5) If subsection (3) or (4) applies, a representa- |
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tion order is to be prepared under subsection |
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24(1) of the Act, and a proclamation is to be made |
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under subsection 25(1) of the Act, in respect of a |
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province referred to in subsection (2) and on the |
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basis of the calculation referred to in subsec- |
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tion (1). |
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Previous representation order applies |
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(6) For greater certainty, the representation or- |
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der annexed to the Proclamation Declaring the |
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Representation Order to be in Force Effective on |
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the First Dissolution of Parliament that Occurs |
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after May 1, 2014, registered as SI/2013-102, |
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2021-2022 |
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Chapter 6: Preserving Provincial Representation in the House of Commons Act |
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Transitional Provisions |
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Section |
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5 |
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Page 6 |
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continues to apply in respect of a province re- |
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ferred to in subsection (2) until the representa- |
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tion order referred to in subsection (5) becomes |
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effective under subsection 25(1) or (2) of the Act. |
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Administrative consolidation |
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(7) When the representation order and procla- |
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mation referred to in subsection (5) are pub- |
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lished in the Canada Gazette under section 26 of |
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the Act, the Chief Electoral Officer must publish |
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on their website an administrative consolidation |
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consisting of that representation order and the |
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portion of the representation order referred to in |
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subsection (3) or (4), as the case may be, that ap- |
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plies in respect of all provinces other than a |
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province referred to in subsection (2). The con- |
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solidation must set out, in respect of each |
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province, the day on which the applicable repre- |
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sentation order came into force. |
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Published under authority of the Speaker of the House of Commons |
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2021-2022 |
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Chapter 6: Preserving Provincial Representation in the House of Commons Act |
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Transitional Provisions |
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Section |
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5 |
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Page 7 |
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Page 8 |
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Available on the House of Commons website |
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Disponible sur le site Web de la Chambre des com |
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