BILL 47

An Act to Amend the Electoral Boundaries and Representation Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 11 of the Electoral Boundaries and Representation Act, chapter 106 of the Revised Statutes, 2014, is repealed and the following is substituted:

Guiding principles

11( 1) Subject to subsections (3), (4), (5) and (6), when dividing the Province into electoral districts, a Commission shall ensure that the number of electors in each electoral district is as close as reasonably possible to the electoral quotient.

11( 2) When dividing the Province into electoral districts, a Commission shall consider the effective representation of the English and French linguistic communities in complying with section 3 of the Canadian Charter of Rights and Freedoms.

11( 3) In order to comply with its obligations under subsection (2), a Commission may depart from the principle of voter parity as set out in subsection (1).

11( 4) A Commission may depart from the principle of voter parity as set out in subsection (1) in order to achieve effective representation of the electorate as guaranteed by section 3 of the Canadian Charter of Rights and Freedoms and based upon the following considerations:

(a)  communities of interest;

(b)  municipal and other administrative boundaries;

(c)  the rate of population growth in a region;

(d)  effective representation of rural areas;

(e)  geographical features, including the following:

( i) the accessibility of a region;

( ii) the size of a region; and

( iii) the shape of a region; and

(f)  any other considerations that the Commission considers appropriate.

11( 5) If a Commission is of the opinion that it is desirable to depart from the principle of voter parity when establishing an electoral district, the number of electors in the electoral district shall deviate by no greater than 15% from the electoral quotient.

11( 6) If a Commission is of the opinion that it is desirable to depart from the principle of voter parity when establishing an electoral district, in extraordinary circumstances the number of electors in the electoral district may deviate by no greater than 25% from the electoral quotient.

11( 7) For greater certainty, “extraordinary circumstances” in subsection (6) includes the effective representation of the English and French linguistic communities.