PC Number: 2004-1196

Date: 2004-10-19

                     Whereas the Electoral Boundaries Commission for New Brunswick (hereinafter referred to as the "Commission") was established by proclamation dated April 16, 2002, made pursuant to subsection 3(1) of the Electoral Boundaries Readjustment Act;

                     Whereas the Commission held public hearings and completed a report, which was laid before the House of Commons on February 12, 2003, recommending that the Parish of Allardville and a portion of the Parishes of Saumarez and Bathurst be transferred from the electoral district of Acadie—Bathurst to the electoral district of Miramichi;

                     Whereas the Commission, after considering an objection to its report contained in the Thirtieth Report of the Standing Committee on Procedure and House Affairs dated May 8, 2003, amended its report by recommending that the Parish of Saumarez and a portion of the Parish of Allardville be kept within in the electoral district of Acadie—Bathurst, but did not change its recommendation that a portion of the Parishes of Allardville and Bathurst be transferred from the electoral district of Acadie—Bathurst to the electoral district of Miramichi;

                     Whereas, pursuant to sections 24 to 26 of the Electoral Boundaries Readjustment Act, the representation order setting out the recommendations of the Commission was declared, by proclamation dated August 25, 2003, to be in force on the first dissolution of Parliament after August 25, 2004 (hereinafter referred to as the “2003 Representation Order”);

                     Whereas, pursuant to section 1 of An Act respecting the effective date of the representation order of 2003, the 2003 Representation Order came into force on May 23, 2004;

                     Whereas, by Order dated May 11, 2004, the Federal Court held that the Electoral Boundaries Commission for New Brunswick had erred in its application of the rules governing the preparation of its recommendations;

                     Whereas the Federal Court suspended the effect of its Order for a period of one year;

                     And Whereas the Electoral Boundaries Readjustment Act does not provide for the means to establish an electoral boundaries commission under those circumstances;

                     Therefore, the Committee of the Privy Council, on the recommendation of the Prime Minister, advise that a Commission do issue under Part I of the Inquiries Act and under the Great Seal of Canada appointing the Honourable Justice Joseph Z. Daigle as Commissioner and Chairman and Pierre Foucher and Lorio Roy as Commissioners

(a) to consider the boundaries of the electoral districts of Miramichi and Acadie—Bathurst in New Brunswick as set out in the 2003 Representation Order with respect to the Parishes of Allardville and Bathurst, having regard any relevant information;

(b) to set out their proposed recommendations concerning any amendments to the 2003 Representation Order relating to the Parishes of Allardville and Bathurst that they consider appropriate, based on the consideration referred to in paragraph (a) and having regard to the following principles, namely, that

(i) the division of the province of New Brunswick into electoral districts and the description of the boundaries thereof shall proceed on the basis that the population of each electoral district in the province as a result thereof shall, as closely as reasonably possible, correspond to the electoral quota for the province, that is to say, the quotient obtained by dividing the population of the province as ascertained by the 2001 census by 10, which is the number of members of the House of Commons assigned to the province of New Brunswick,

(ii) the Commissioners shall consider the following in determining reasonable electoral district boundaries for Miramichi and Acadie—Bathurst, namely,

(A) the community of interest or community of identity in, or the historical pattern of, those electoral districts, and

(B) a manageable geographic size for districts in sparsely populated, rural or northern regions of the province, and

(iii) the Commissioners may depart from the application of the principle set out in subparagraph (i) in any case where the Commissioners consider it necessary or desirable to depart from it having regard to the considerations set out in clauses (ii)(A) and (B) but, in departing from the application of the principle set out in subparagraph (i), the Commissioners shall make every effort to ensure that, except in circumstances viewed by the Commissioners as being extraordinary, the population of each electoral district in the province remains within twenty-five per cent more or twenty-five per cent less of the electoral quota for the province,

and the Committee do further advise that

(c) the Commissioners be directed to hold one sitting in each of the electoral districts of Miramichi and Acadie—Bathurst, for the hearing of representations by interested persons, ensuring that

        (i) at least five business days before the commencement of the sittings, notice of the dates, times and places fixed by the Commissioners for the sittings are given by advertisement published in at least one English-language and one French-language newspaper of general circulation in the province, and

(ii) a map or drawing prepared by the Commissioners is included in the advertisement referred to in subparagraph (i) showing their proposed electoral district boundaries for Miramichi and Acadie—Bathurst, with respect to the Parishes of Allardville and Bathurst and indicating the population of each electoral district,

(d) after hearing and considering the representations of any interested parties, the Commissioners be directed to complete and submit a preliminary report in both official languages to the Governor in Council, not later than ten business days after the conclusion of the last of the sittings referred to in paragraph (c), setting out their recommendations, with reasons, concerning any amendments to the 2003 Representation Order relating to the Parishes of Allardville and Bathurst that they consider appropriate;

(e) the Commissioners be directed to consider any objections, and the minutes of proceedings and evidence, of a committee of the House of Commons related to the recommendations set out in their preliminary report, that are made within five sitting days of the House of Commons after the preliminary report has been presented to the Speaker of the House of Commons;

(f) the Commissioners be directed to complete and submit a final report in both official languages to the Governor in Council, with or without amendment after considering of any objections, within five business days after receiving all of the objections referred to in paragraph (e), or if no objections are received, within two business days after the expiry of the period referred to in paragraph (e);

(g) pursuant to section 56 of the Judges Act, the Honourable Joseph Z. Daigle be authorized to act as a Commissioner;

(h) the Commissioners be authorized to adopt any procedures and methods that they may consider expedient for the proper conduct of their work;

(i) the Commissioners be directed to conduct their proceedings under the name of the Miramichi and Acadie—Bathurst Electoral Boundaries Commission;

(j) the Commissioners be authorized to rent any space and facilities that may be required to carry out their work, in accordance with Treasury Board policies;

(k) the Commissioners be authorized to engage the services of any experts and other persons referred to in paragraph 11(1)(a) of the Inquiries Act, at rates of remuneration and reimbursement that are approved by the Treasury Board; and

(l) the Commissioners be directed to file the papers and records related to their work with the Clerk of the Privy Council as soon as reasonably possible after the submission of their final report.