R-24.1 - Act respecting electoral representation

À jour au 1^er avril 1999

Ce document a valeur officielle.

chapter R-24.1

Act respecting electoral representation

Chapter R-24.1 is replaced by the Election Act (chapter E-3.3). (1989, c. 1, s. 574).

1989, c. 1, s. 574.

1. The “Commission de la représentation” is hereby constituted under this Act.

1979, c. 57, s. 1; 1982, c. 54, s. 26.

DIVISION I FUNCTIONS AND POWERS OF THE COMMISSION

§ 1 . — Establishing electoral divisions

2. The function of the Commission is to establish the boundaries of the electoral divisions of Québec, taking into account the principle that the vote of each elector is of equal weight.

The Commission shall also carry out any other mandate that the National Assembly, on a motion of the Prime Minister, may entrust to it.

1979, c. 57, s. 2; 1983, c. 36, s. 1; 1987, c. 28, s. 1.

3. There shall be not fewer than 122 nor more than 125 electoral divisions.

1979, c. 57, s. 3; 1982, c. 54, s. 56; 1987, c. 28, s. 2.

3.1. An electoral division represents a natural community established on the basis of demographical, geographical and sociological considerations, such as the population density, the relative growth rate of the population, the accessibility, area or shape of the region, the natural local boundaries and the limits of municipalities.

1987, c. 28, s. 2.

3.2. The boundaries of each electoral division shall be drawn in such a way that the number of electors in a division, according to the electoral list in force at the last general election, does not deviate by more than 25 % from the quotient obtained by dividing the total number of electors by the number of electoral divisions.

1987, c. 28, s. 2.

4. The Commission may, for exceptional reasons, depart from the rule set out in section 3.2, if it considers that, due to special circumstances, its application would not adequately serve the purpose of this Act. Such a decision shall be substantiated in writing in each case.

Notwithstanding section 3.2, the Îles-de-la-Madeleine described in Schedule B are an electoral division.

1979, c. 57, s. 4; 1987, c. 28, s. 3.

5. The Commission shall assign a name to each electoral division delimited by it, after consulting the Commission de toponymie established under the Charter of the French language (chapter C-11).

1979, c. 57, s. 5.

6. (Repealed).

1979, c. 57, s. 6; 1987, c. 28, s. 4.

7. (Repealed).

1979, c. 57, s. 7; 1987, c. 28, s. 4.

8. (Repealed).

1979, c. 57, s. 8; 1987, c. 28, s. 4.

9. (Repealed).

1979, c. 57, s. 9; 1982, c. 54, s. 27.

10. (Repealed).

1979, c. 57, s. 10; 1987, c. 28, s. 4.

11. (Repealed).

1979, c. 57, s. 11; 1984, c. 51, s. 556; 1987, c. 28, s. 4.

§ 2 . — Information of the public

12. Another function of the Commission is to inform the public; for that purpose, it shall, in particular,

(a)  give advice and information respecting the application of this act to any person requesting it;

(b)  (paragraph repealed);

(c)  regularly hold information meetings for the benefit of the authorized parties, regional and municipal bodies and the public;

(d)  make any advertisement necessary for the application of this act.

1979, c. 57, s. 12; 1982, c. 54, s. 28.

DIVISION II COMPOSITION OF THE COMMISSION

1982, c. 54, s. 29.

13. The Commission shall consist of the chief electoral officer, who shall be its chairman, and of two other members chosen from among persons qualified as electors under section 54 of the Election Act (chapter E-3.2).

1979, c. 57, s. 13; 1982, c. 54, s. 29; 1984, c. 51, s. 561; 1987, c. 28, s. 5.

14. On a motion of the Prime Minister, the National Assembly, by a resolution approved by two-thirds of its members, shall appoint the other members of the Commission.

1979, c. 57, s. 14; 1982, c. 54, s. 29; 1982, c. 62, s. 143.

15. The members of the Commission are entitled, for each day of sittings held under this Act, to a payment equal to 1% of the minimum salary received annually by an administrator, Class V. The chairman of the Commission shall receive an annual remuneration equal to 25% of that minimum salary.

The Government shall determine the allowances to which the members are entitled by using as a basis allowances granted to persons holding similar offices.

1979, c. 57, s. 15; 1982, c. 54, s. 29.

16. The other members of the Commission shall be appointed for a term of office of five years.

At the expiry of their terms, those members shall remain in office until they are reappointed or replaced.

1979, c. 57, s. 16; 1982, c. 54, s. 29.

17. Before taking office, the other members of the Commission shall make the oath or solemn affirmation provided for in Schedule A, before the President of the National Assembly.

1979, c. 57, s. 17; 1982, c. 54, s. 29; 1982, c. 62, s. 143.

18. The other members of the Commission may resign, at any time, by notifying the President of the National Assembly in writing.

No member may be dismissed except by a resolution of the National Assembly approved by two-thirds of its members.

1979, c. 57, s. 18; 1982, c. 54, s. 29; 1982, c. 62, s. 143.

18.1. If one of the other members of the Commission is unable to act or if the office of one of such members becomes vacant, the National Assembly shall, within sixty days, appoint a new member, according to the mode of appointment provided in section 14.

If the National Assembly is not in session, the Committee on the National Assembly shall appoint the new member within the same time by a resolution approved by a majority of the members of each parliamentary group within the meaning of the Standing Orders of the National Assembly. The appointment must be approved by the National Assembly by a resolution approved by two-thirds of its members within thirty days from resumption.

Any appointment under this section is valid for the unexpired portion of the term of the replaced member.

1987, c. 28, s. 6.

DIVISION III ORGANIZATION OF THE COMMISSION

1982, c. 54, s. 29.

19. The Commission may appoint a secretary and fix his salary or his additional salary in the case where the person appointed is a civil servant under the Public Service Act (chapter F-3.1.1). It may also retain the services of any person.

1979, c. 57, s. 19; 1982, c. 54, s. 29; 1983, c. 55, s. 161.

20. Before taking office, the secretary shall make the oath or solemn affirmation provided for in Schedule A, before the chairman of the Commission.

1979, c. 57, s. 20; 1980, c. 3, s. 1; 1982, c. 54, s. 29.

21. The chairman shall direct the Commission and shall be responsible for its administration.

1979, c. 57, s. 21; 1982, c. 54, s. 29.

22. The chief electoral officer shall, in the discharge of his duties, provide the Commission with all required assistance, including that of his personnel.

The chairman shall supervise and direct his personnel.

The Commission has no other personnel than that provided by the chief electoral officer.

1979, c. 57, s. 22; 1982, c. 54, s. 29; 1984, c. 51, s. 561.

23. The chairman shall have an assistant. He shall choose him and determine his level of employment. If the Public Service Act (chapter F-3.1.1) is not then applicable to the assistant, it hereby becomes applicable to him without any other formality.

1979, c. 57, s. 23; 1982, c. 54, s. 29; 1983, c. 55, s. 161.

24. No member of the Commission, nor the assistant, nor the secretary, nor any member of the staff placed at the disposal of the Commission may be prosecuted for any official act performed in good faith in the exercise of his functions.

1979, c. 57, s. 24; 1982, c. 54, s. 29; 1987, c. 28, s. 7.

24.1. The minutes of the Commission and documents or copies emanating from the Commission are authentic if they are signed by the chairman, his assistant or the secretary.

1982, c. 54, s. 29; 1987, c. 28, s. 8.

24.2. No deed, document or writing binds the Commission or may be ascribed to it unless it is signed by the chairman, his assistant or the secretary and, in the two latter cases, only so far as prescribed by regulation of the Commission published in the Gazette officielle du Québec.

1987, c. 28, s. 8.

DIVISION IV PROCEDURE FOR THE ADOPTION OF THE BOUNDARIES OF THE ELECTORAL DIVISIONS

25. Within three months following the date of a general election, the Commission shall remit to the President or the Secretary General of the National Assembly a summary report in which it shall indicate whether, in its opinion, new boundaries to the electoral divisions are necessary to comply with the criteria established by law.

1979, c. 57, s. 25; 1982, c. 62, s. 143; 1987, c. 28, s. 9.

25.1. The summary report of the Commission shall be submitted to the standing Committee on the National Assembly for examination within thirty days following its remittance to the President or the Secretary General of the National Assembly.

For the purposes of examination of the report, all the Members may take part in the debates of the Committee on the National Assembly.

When the Committee on the National Assembly examines such a report, the Commission shall furnish it with all the required documents and information and be at its disposal to assist it in carrying out its work.

1987, c. 28, s. 9.

25.2. After hearing the representations of the Members in the Committee on the National Assembly, the Commission shall decide whether or not to establish new boundaries and communicate its decision to the President or the Secretary General of the National Assembly within ten days following the end of the proceedings of the Committee on the National Assembly.

1987, c. 28, s. 9.

25.3. If the Commission decides to establish new boundaries, it shall remit to the President or the Secretary General of the National Assembly, within twelve months following the date of the general election, a preliminary report in which it proposes new boundaries to the electoral divisions of Québec.

The report shall be made public immediately. The President of the National Assembly shall table the report in the National Assembly within fifteen days of receiving it if it is in session or, if it is not, within fifteen days of the opening of the next session or resumption.

1987, c. 28, s. 9.

26. The Commission shall take the necessary steps to ensure the best possible diffusion of the proposed boundaries of the electoral divisions submitted in its preliminary report.

1979, c. 57, s. 26; 1987, c. 28, s. 10.

27. Within six months following the tabling of its preliminary report, the Commission shall hear the representations made by the members of the National Assembly and by interested individuals and organizations.

1979, c. 57, s. 27; 1987, c. 28, s. 11.

28. The preliminary report of the Commission must be submitted to the Committee on the National Assembly.

For the purposes of examination of the report, all the Members of the National Assembly may take part in the debates of the Committee.

1979, c. 57, s. 28; 1987, c. 28, s. 12.

29. When the standing committee examines the preliminary report, the Commission shall furnish it with all the required documents and information and be at its disposal to assist it in carrying out its work.

1979, c. 57, s. 29; 1987, c. 28, s. 13.

30. The Commission must hold public hearings in the various regions of Québec to examine the representations made to it by interested organizations and individuals, after giving notice of the holding of these hearings.

1979, c. 57, s. 30.

31. After considering the representations made to it by the members of the National Assembly, and by individuals and organizations, the Commission shall table before the National Assembly a report indicating the boundaries of the electoral divisions.

Within five days following the tabling, the report shall be the subject of a debate limited to five hours carried on in one sitting or two consecutive sittings of the National Assembly; if it is not in session, the debate, subject to the same time limits, shall take place in the Committee on the National Assembly, within ten days from the tabling of the report contemplated in the first paragraph, and all the Members may take part in the debate in respect of the report.

No motion, except a motion of adjournment, may be presented during the debate.

1979, c. 57, s. 31; 1982, c. 62, s. 143; 1987, c. 28, s. 14.

32. Not later than the tenth day following the debate, the Commission shall establish the boundaries of the electoral divisions and assign names to them.

The Commission shall publish, in the Gazette officielle du Québec, the list of the electoral divisions, indicating the name and the boundaries of each; it may also mention the municipalities and Indian reserves included in each electoral division.

1979, c. 57, s. 32.

33. Publication of the list of electoral divisions in the Gazette officielle du Québec is absolute proof of its existence and of its content, and every person is required to take cognizance of it.

Notwithstanding the foregoing, the Commission shall take the necessary steps to ensure the best possible diffusion among the public of the boundaries of the electoral divisions, and particularly of the changes made in relation to the previous boundaries.

1979, c. 57, s. 33; 1987, c. 28, s. 15.

33.1. After publication in the Gazette officielle du Québec of the list of electoral divisions, the Commission shall cause a map of the divisions to be printed.

1987, c. 28, s. 16.

34. The list of electoral divisions published in the Gazette officielle du Québec comes into force upon the dissolution of the National Assembly, unless the dissolution occurs before the expiry of three months from publication.

1979, c. 57, s. 34; 1982, c. 62, s. 143; 1984, c. 51, s. 557; 1987, c. 28, s. 17.

35. Upon publication in the Gazette officielle du Québec of the list of electoral divisions, the chief electoral officer shall assign one of the divisions to each returning officer in office and appoint a returning officer to each unassigned division, if any.

Appointments made under this section are effective until new returning officers are appointed in conformity with the Election Act (chapter E-3.2).

1979, c. 57, s. 35; 1984, c. 51, s. 558; 1984, c. 51, s. 561.

36. Within three months after the publication in the Gazette officielle du Québec of the list of electoral divisions, the chief electoral officer and the returning officers shall establish the boundaries of the electoral precincts and the polling subdivisions in accordance with the Election Act (chapter E-3.2), on the basis of the new electoral divisions.

1979, c. 57, s. 36; 1984, c. 51, s. 559, s. 561; 1985, c. 30, s. 85; 1987, c. 28, s. 18.

37. From publication of the list of electoral divisions in the Gazette officielle du Québec, the annual enumeration provided for in the Election Act (chapter E-3.2) shall be conducted on the basis of the new electoral divisions.

Notwithstanding the foregoing, where the annual enumeration occurs before the expiry of three months from publication of the list of electoral divisions in the Gazette officielle du Québec, the enumeration, instead of being held in the annual enumeration period prescribed in the Election Act, shall be held within six months after that period.

1979, c. 57, s. 37; 1984, c. 51, s. 560; 1987, c. 28, s. 18; 1988, c. 7, s. 1.

38. Where an order instituting the holding of a general election is issued after the expiry of three months from publication of the list of electoral divisions in the Gazette officielle du Québec and before an enumeration conducted on the basis of the new electoral divisions, an enumeration shall be held during the election period.

The poll shall be held on the seventh Monday following the issue of the order if it is issued on a Monday, Tuesday or Wednesday; if the order is issued on another day, the poll shall be held on the eighth Monday.

Notwithstanding the foregoing, if the order is issued in the week preceding the annual enumeration, the latter enumeration shall be in lieu of the enumeration required during the election period and the election shall be held on the sixth Monday following the issue of the order.

If polling day falls on a holiday, the poll shall be held on the following day.

1979, c. 57, s. 38; 1984, c. 51, s. 560; 1985, c. 30, s. 145; 1987, c. 28, s. 18.

39. Only the electoral lists drawn up after an enumeration conducted on the basis of the new electoral divisions or, in the case provided for in section 39.2, following the division of the electors registered on the electoral lists in force, are official and may be used at a general election ordered more than three months after the publication of the list of electoral divisions in the Gazette officielle du Québec.

1979, c. 57, s. 39; 1984, c. 51, s. 560; 1985, c. 30, s. 86; 1985, c. 30, s. 145; 1987, c. 28, s. 18.

39.1. Where an order instituting the holding of a by-election is issued after the publication of the list of electoral divisions in the Gazette officielle du Québec, the election shall be held on the basis of the boundaries in force in that electoral division.

1984, c. 51, s. 560; 1987, c. 28, s. 18.

39.2. Where an order instituting the holding of a by-election is issued after the publication of the list of electoral divisions in the Gazette officielle du Québec and where the annual enumeration is held entirely during the election period, the annual enumeration shall not be held in the territory where the election is held.

The chief electoral officer may make an enumeration in the territory referred to in the first paragraph as soon as circumstances allow it after the election. He may, if he considers it preferable and with the consent of each authorized party represented in the National Assembly by not less than twelve Members of Parliament elected under the banner of that party or which obtained not less than 20% of the votes validly cast at the last general election, divide up the electors registered on the electoral lists in force at the time of the by-election in the polling subdivisions whose boundaries are established under section 36.

1987, c. 28, s. 18.

DIVISION IV.1 ANNUAL REPORT AND FINANCIAL PROVISIONS

1987, c. 28, s. 19.

39.3. The sums required for the administration of this Act and the carrying out of any mandate entrusted to the Commission by the National Assembly shall be taken out of the consolidated revenue fund.

1987, c. 28, s. 19.

39.4. Not later than 30 September each year, the Commission shall remit a report of its activities for the preceding fiscal year to the President of the National Assembly. The report must also include a financial report.

The President of the National Assembly shall table the annual report and the financial report in the National Assembly within fifteen days of receiving them if it is in session or, if it is not, within fifteen days of the opening of the next session or resumption.

1987, c. 28, s. 19.

39.5. Each year, the Commission shall prepare its budget and remit it to the President of the National Assembly before 1 April.

Where, during a fiscal year, the Commission anticipates having to exceed its budget for the year for purposes other than those referred to in section 39.8, it shall prepare a supplementary budget and remit it to the President of the National Assembly.

1987, c. 28, s. 19.

39.6. The National Assembly shall entrust the examination of the budget of the Commission de la représentation and, where such is the case, any supplementary budget to a parliamentary committee.

The chairman of the Commission shall be at the disposal of the parliamentary committee.

The parliamentary committee may require any expert opinion it considers necessary.

1987, c. 28, s. 19.

39.7. With a view to the examination of its budget, the Commission de la représentation shall furnish the parliamentary committee with a preliminary financial report for the preceding fiscal year.

1987, c. 28, s. 19.

39.8. The parliamentary committee may also examine the expenditures incurred in respect of any mandate entrusted by the National Assembly to the Commission de la représentation and that could not be covered in the budget for the preceding fiscal year.

1987, c. 28, s. 19.

39.9. The parliamentary committee shall approve the budget and table its report in the National Assembly.

1987, c. 28, s. 19.

39.10. The examination in parliamentary committee of the budget of the Commission shall not take place while boundaries of electoral divisions are being established pursuant to sections 25 to 32 of this Act.

In such a case, the mere tabling in the National Assembly of the budget of the Commission shall take the place of its approval.

1987, c. 28, s. 19.

39.11. Within three months from publication of the list of electoral divisions in the Gazette officielle du Québec, the Commission shall remit to the President of the National Assembly a report of any expenses related to the establishment of the boundaries of the divisions.

The report may be submitted to the Committee on the National Assembly for examination.

1987, c. 28, s. 19.

DIVISION V TRANSITIONAL AND FINAL PROVISIONS

40. (Repealed).

1979, c. 57, s. 40; 1980, c. 3, s. 2; 1982, c. 62, s. 143; 1987, c. 28, s. 20.

40.1. (Repealed).

1980, c. 3, s. 3; 1987, c. 28, s. 20.

41. The Superior Court has no jurisdiction in matters arising out of the application of this act, and no extraordinary recourse or provisional remedy provided by the Code of Civil Procedure lies against the Commission or one of its members in the performance of his duties.

A judge of the Court of Appeal may, on motion, summarily annul a writ, order or injunction issued or granted contrary to this section.

1979, c. 57, s. 41.

41.1. (Repealed).

1981, c. 28, s. 1; 1987, c. 28, s. 20.

42. (Repealed).

1979, c. 57, s. 42 (part); 1981, c. 28, s. 2; 1983, c. 55, s. 161; 1987, c. 28, s. 20.

43. (Amendment integrated into c. D-11, s. 1).

1979, c. 57, s. 43.

44. (Omitted).

1979, c. 57, s. 44.

45. (Amendment integrated into c. L-1, s. 6).

1979, c. 57, s. 45.

46. (Repealed).

1979, c. 57, s. 46; 1983, c. 36, s. 2; 1987, c. 28, s. 20.

47. (Omitted).

1979, c. 57, s. 47.

48. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

SCHEDULE A

Oath or affirmation of allegiance and office

I, A. B., swear (or solemnly affirm) that I will be loyal and bear true allegiance to constituted authority and that I will fulfil the duties of my office of .............. honestly and justly, and that I will not receive any sum of money or consideration for what I have done or may do in the discharge of the duties of my office, to procure the purchase or exchange of anything whatsoever by or with the Government, other than my salary or what may be allowed me by law or by an order of the Government.

Oath or affirmation of discretion

I, A. B., further swear (or solemnly affirm) that I will not reveal or disclose, unless duly authorized, anything that may come to my knowledge in the discharge of my duties.

1979, c. 57, Schedule A.

SCHEDULE B

ELECTORAL DIVISION OF ÎLES-DE-LA-MADELEINE

The electoral division of Îles-de-la-Madeleine is situated in the gulf of St Lawrence, between parallels 47°10′ and 48°00′ North latitude and meridians 61°00′ and 62°20′ West longitude and comprises Île d’Entrée, Havre Aubert (Amherst) island, Havre aux Maisons island, Cap aux Meules (Grindstone) island, Île au Loup, Grosse Île, Île de la Grande Entrée, Shag island, Brion island, the rochers aux Margaux, the rocher aux Oiseaux, the Corps Mort (Dead man’s island) and other islands situated wholly or in part within such boundaries.

This electoral division comprises the village municipalities of Cap-aux-Meules and Île d’Entrée, and the municipalities of Fatima, Grande-Entrée, Grosse-Île, Havre-aux-Maisons, Île-du-Havre-Aubert and L’Étang-du-Nord.

1987, c. 28, s. 22.

REPEAL SCHEDULES

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 57 of the statutes of 1979, in force on 1 November 1980, is repealed, except section 47, effective from the coming into force of chapter R-24.1 of the Revised Statutes.

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 43 to 45 of chapter 57 of the statutes of 1979, in force on 31 December 1981, are repealed effective from the coming into force of the updating to 31 December 1981 of chapter R-24.1 of the Revised Statutes.