Electoral Boundaries Commission Act
Consolidated act- Citation
- S.N.W.T. 2003, c.4
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca)
This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.
- s.2 amended by An Act to Amend the Electoral Boundaries Commission Act
- s.3 amended by An Act to Amend the Electoral Boundaries Commission Act
- s.4 amended by An Act to Repeal the Settlements Act
- s.4 amended by An Act to Amend the Electoral Boundaries Commission Act
- s.5 amended by An Act to Amend the Electoral Boundaries Commission Act
- s.9 amended by Elections and Plebiscites Act
- s.9 amended by An Act to Amend the Electoral Boundaries Commission Act
- Elections and Plebiscites Act, s.77 → #sec_2__subsec_1
Definitions
1.In this Act,
"Board of Management" means the Board of Management of the Legislative Assembly; (Bureau de régie)
"Commission" means an Electoral Boundaries Commission established under subsection 2(1). (Commission)
Commission established
2.(1) An Electoral Boundaries Commission must be established, by resolution of the Legislative Assembly,
(a) within two years after the day fixed for the return of the writs for the 2023 general election; and
(b) within two years after the day fixed for the return of the writs for each second succeeding general election.
(2) The Commission shall be composed of a chairperson and four other members appointed by the Commissioner on the recommendation of the Legislative Assembly.
(3) The chairperson must be
(a) a judge of the Supreme Court or the Court of Appeal;
(b) a retired judge of the Supreme Court or the Court of Appeal;
(c) a person who, for at least 10 years, has been entitled to practice law under the legislation of any province or territory; or
(d) a person who, for an aggregate of at least 10 years,
(i) has been entitled to practice law under the legislation of any province or territory, and
(ii) after becoming entitled to practice law under the legislation of any province or territory, exercised powers and performed duties and functions of a judicial nature on a full-time basis in respect of a position held under a law of Canada or a province or territory.
Quorum
3.(1) The chairperson and two other members constitute a quorum at the meetings of the
(2) If a vacancy occurs in the membership of the Commission at a time when the Commission is performing or is required to perform any duties under this Act, the Commissioner shall fill the vacancy in accordance with subsection 2(2) if the Legislative Assembly is then sitting, or on the recommendation of the Board of Management if the Legislative Assembly is not then sitting.
(3) If the chairperson is or expects to be temporarily absent, incapacitated or unable to act, the chairperson may designate one of the other members to act as chairperson.
(4) If the chairperson is temporarily absent, incapacitated or unable to act and has not designated an acting chairperson, the other members may designate one of them to act as chairperson during that absence, incapacity or inability to act. SNWT 2023,c.3,s.3.
Eligibility of members
4.No person is eligible to be appointed or to continue as a member of the Commission while the person is a member of the Legislative Assembly or of a municipal council. SNWT 2011,c.8,s.11; SNWT 2023,c.3,s.4.
Remuneration
5.(1) A member of the Commission, including a chairperson if they were appointed under paragraph 2(3)(b), (c) or (d), is entitled to remuneration for their services at the rates determined by the Board of Management.
(2) A member of the Commission is entitled to reasonable travelling and living expenses while absent from the member’s ordinary place of residence in the course of their duties under this Act, at the rates determined by the Board of Management. SNWT 2023,c.3,s.5.
Other staff
6.(1) The Commission may engage the services of any persons necessary to assist it in the exercise of its powers and the performance of its duties under this Act.
(2) A person engaged by the Commission under subsection (1) is entitled to remuneration and reimbursement of expenses at the rates determined by the Board of Management.
Powers of Commission
7.In performing its duties, the Commission
(a) has all the powers of a Board established under the Public Inquiries Act; and
(b) may regulate its proceedings and the conduct of its business.
Duties of Commission
8.(1) The Commission shall review the area, boundaries, name and representation of the existing electoral districts and shall, on completion of that review, prepare a report containing recommendations respecting the area, boundaries, name and representation of the electoral districts proposed by the Commission.
(2) The Commission shall, before completing its report, hold public hearings at the times and places in the Northwest Territories that it considers appropriate to hear representations respecting existing or proposed electoral districts.
(3) The Commission may undertake such programs and measures as it considers appropriate to inform the public about the values and principles that underlie the determination of electoral boundaries and about the process that leads to that determination.
Relevant considerations
9.The Commission, in preparing its report, shall take into consideration
(a) demographic factors, including the sparsity, density or rate of growth of the population of any area;
(b) census data and other information pertaining to population;
(c) information in the register of electors maintained under the Elections and Plebiscites Act;
(d) geographic factors, including the accessibility, size or shape of any area;
(d.1) traditional names for geographical features, populated places and regions;
(e) community boundaries and boundaries established under land, resources and self-government agreements, including land claim and treaty land entitlement agreements;
(f) facilities for and patterns of transportation and communication within and between different areas;
(g) language, culture and any other special community or diversity of interests of the residents of any part of the Northwest Territories;
(h) special circumstances relating to any existing electoral districts;
(i) public input obtained under subsection 8(2);
(j) the minimum and maximum number of members of the Legislative Assembly authorized by the Northwest Territories Act;
(k) any guidelines or criteria proposed for the consideration of the Commission by resolution of the Legislative Assembly; and
(l) any other similar and relevant factors that the Commission considers appropriate.
Time for completion of report
10.(1) The Commission shall complete its report within six months after the day it is established, or within such different time as may be fixed by resolution of the Legislative Assembly.
(2) The Commission shall submit its report to the Speaker of the Legislative Assembly and the Clerk of the Legislative Assembly.
(3) The Clerk shall
(a) deliver a copy of the Commission report to each member of the Legislative Assembly; and
(b) make copies of the Commission report available to the public at the office of the Clerk.
(4) The Speaker shall, at the first opportunity, lay a copy of the Commission report before the Legislative Assembly.
Termination of
11.A Commission dissolves 60 days after its report is laid before the Legislative Assembly.