Marginal note:Application of sections 18 to 22

17. Sections 18 to 22 apply only in respect of the readjustment of the representation of the provinces in the House of Commons that is required to be made on the completion of the 2011 decennial census and only if

• (a) this Act comes into force on or after the day on which the Chief Statistician sends to the Chief Electoral Officer the return, in respect of that census, that is referred to in subsection 13(1) of the Act; and

• (b) a representation order has not been proclaimed in the period beginning on the day on which that return is sent and ending on the day on which this Act comes into force.

Marginal note:Sending of estimates

18. The Chief Statistician shall comply with section 12.1 of the Act, as enacted by section 4, as soon as feasible after the coming into force of this Act.

Marginal note:Coming into force before statement

19. If this Act comes into force before the day on which a statement referred to in subsection 14(1) of the Act is published in the Canada Gazette in respect of the 2011 decennial census,

• (a) the amendments made by sections 2 and 6 apply for the purpose of the calculation referred to in that subsection; and

• (b) despite subsection 20(1) of the Act, as enacted by section 9, the 10-month period referred to in that subsection during which each commission is to complete a report is deemed to begin on the later of the day on which the statement referred to in subsection 14(1) of the Act is published in the Canada Gazette and the day on which the commission is established.

Marginal note:Obligations of Chief Electoral Officer

20. If this Act comes into force on or after the day on which a statement (in sections 21 and 22 referred to as the “first statement”) referred to in subsection 14(1) of the Act is published in the Canada Gazette in respect of the 2011 decennial census, the Chief Electoral Officer shall

• (a) as soon as feasible after receiving the estimates referred to in section 12.1 of the Act, as enacted by section 4, calculate the number of members of the House of Commons to be assigned to each province, subject and according to the provisions of section 51 of the Constitution Act, 1867 and the rules in that section, as amended by section 2; and

• (b) on the completion of that calculation, cause a statement (in sections 21 and 22 referred to as the “second statement”) to be published in the Canada Gazette setting out the results of the calculation.

Marginal note:Identical number of members

21. If the number of members of the House of Commons to be assigned to a province is the same in the second statement as in the first statement and this Act comes into force after the establishment of a commission for that province but before the expiry of one year after the day on which the commission’s chairman receives the return referred to in paragraph 13(2)(a) of the Act, then, despite subsection 20(1) of the Act, as enacted by section 9, the commission must complete its report under the Act before the earlier of

• (a) the expiry of a period of 10 months after the day on which this Act comes into force, and

• (b) the expiry of a period of one year after the day on which the chairman receives the return.

Marginal note:Different numbers of members

• 22. (1) If the number of members of the House of Commons to be assigned to a province is not the same in the second statement as in the first statement, the commission established for the province under the Act shall perform its duties under the Act subject to subsection (2) or (3).

• Marginal note:Report not completed

  (2) If, with respect to a province, a commission has not yet been established on the day on which the second statement is published in the Canada Gazette or if, with respect to a province, a commission has been established on or before that day but it has not yet completed its report,

  • (a) for the purpose of subsection 14(2) of the Act and the rule in paragraph 15(1)(a) of the Act, the number of members of the House of Commons to be assigned to the province, as calculated by the Chief Electoral Officer under subsection 14(1) of the Act, is the number set out in the second statement in respect of the province; and

  • (b) the 10-month period referred to in subsection 20(1) of the Act, as enacted by section 9, is deemed to begin on the later of the day on which the second statement is published in the Canada Gazette and the day on which the commission is established.

• Marginal note:Report completed

  (3) If, with respect to a province, a commission has been established on or before the day on which the second statement is published in the Canada Gazette and it has completed its report on or before that day, that report is no longer valid and the commission shall prepare a new report under the Act. Paragraphs (2)(a) and (b) apply in respect of the preparation of the new report.

INTERPRETATION

Marginal note:Interpretation

23. A reference to the Constitution Acts, 1867 to 1982 is deemed to include a reference to sections 2, 14, 15 and 17 to 20.