Proposed Boundaries – Newfoundland and Labrador
Rules Regarding the Public Hearing of Representations
The Federal Electoral Boundaries Commission for the Province of Newfoundland and Labrador makes the following rules under and by virtue of section 18 of the Electoral Boundaries Readjustment Act, R.S.C. 1985, c. E-3.
- These rules may be cited as the "Rules of the Federal Electoral Boundaries Commission for the Province of Newfoundland and Labrador (Hearing of Representations), 2012".
- In these rules:
- (a) "Act" means the Electoral Boundaries Readjustment Act, R.S.C. 1985, c. E-3;
- (b) "advertisement" means a notice or notices published as directed in subsection 19(2) of the Act setting forth the times and the places where the sittings shall be held for the hearing of representations;
- (c) "Chairperson" includes the Deputy Chairperson;
- (d) "Commission" means the Federal Electoral Boundaries Commission for the Province of Newfoundland and Labrador established by proclamation dated February 21, 2012;
- (e) "Commission Secretary" means the secretary to the Commission;
- (f) "notice" means a written expression of intention to make a representation in compliance with subsection 19(5) of the Act;
- (g) "representation" means any expression of opinion presented by any interested person at a duly convened sitting of the Commission relating to the division of the Province into electoral districts as proposed by the Commission;
- (h) "sitting" means a public hearing convened by the Commission in accordance with and for the purpose set out in section 19 of the Act.
- A person giving notice shall state therein:
- (a) at which of the places designated in the advertisement such person wishes to make a representation;
- (b) the language of preference that the person wishes to use and any special needs he or she may have.
- If a person giving notice fails to comply with the provisions of Rule 3, the Commission Secretary shall ascertain from such person the place at which such person wishes to appear to make a representation, his or her language of preference and any special needs.
- Rules 3 and 4 are made for administrative purposes only and do not operate to prevent a person who has given notice from making the representation at any place of sitting of the Commission set out in the advertisement, subject only to the power of the Commission pursuant to Rule 6 to cancel a sitting at that place.
- If it appears that no one will make a representation at any place designated by the advertisement as a place of sitting, the Commission, or the Chairperson thereof, may cancel the sitting at such place.
- If a quorum cannot be present at a place of sitting on the date set by the advertisement, the Commission, or the Chairperson thereof, may postpone that sitting to a later date.
- The Commission Secretary shall inform any person who has given notice, but has not been heard, of such cancellation or postponement. Public notice shall also be given by the Chairperson or the Commission by such means as they consider adequate.
- Sittings shall be held in public, and representations shall be made with due regard to formal procedures.
- Only one person shall be heard in the presentation of a representation at a sitting, unless the Commission, in its discretion, decides otherwise.
- At each sitting the Commission shall decide the order in which the representations are heard.
- The Commission may hear an oral representation by conference call with the consent of the person wishing to make a representation.
- The Commission will consider any written submissions made in compliance with these rules and the Act, and will make public such submissions at one or more of the sittings.
- Two members of the Commission shall constitute a quorum for the holding of a sitting.
- When the hearing of a representation cannot be completed within the time allotted, the Commission may adjourn the sitting to a later date.
- The Commission shall have the power to waive any requirement that the Commission deems to be a defect in form and not in substance.
- The Commission may hear a representation without notice having been given if the Commission considers it to be in the public interest to do so.