108-517: Peace River—Westlock is a federal electoral district in Alberta , Canada, that has been represented in the House of Commons of Canada since 2015. Peace River—Westlock was created by the 2012 federal electoral boundaries redistribution and was legally defined in the 2013 representation order. It came into effect upon the call of the 42nd Canadian federal election , scheduled for October 19, 2015. It
216-741: A preamble declaring that the three provinces New Brunswick , Nova Scotia , and the Province of Canada (which later became Ontario and Quebec ) have requested to form "one Dominion ...with a Constitution similar in Principle to that of the United Kingdom ". This description of the Constitution has proven important in its interpretation. As Peter Hogg wrote in Constitutional Law of Canada , some have argued that, since
324-546: A riding or constituency . Each federal electoral district returns one Member of Parliament (MP) to the House of Commons of Canada ; each provincial or territorial electoral district returns one representative—called, depending on the province or territory, Member of the Legislative Assembly (MLA), Member of the National Assembly (MNA), Member of Provincial Parliament (MPP) or Member of
432-481: A district at each election. In the case of Ontario , Toronto in 1886 and 1890 was a multi-member provincial district. Limited voting was used to ensure mixed representation and voter satisfaction. From 1908 to 1914, the four Toronto districts elected two MLAs each. With just a few exceptions, voters in multiple-member districts were able to cast as many votes as there were seats in the district ( block voting ). Usually, under block voting, one single party took all
540-498: A few variances from federal boundaries. The ward boundaries of Toronto City Council also correspond to federal electoral district boundaries, although they are numbered rather than using the federal names. Elections Canada is the independent body set up by Parliament to oversee Canadian federal elections , while each province and territory has its own separate elections agency to oversee the provincial and territorial elections. Originally, most electoral districts were equivalent to
648-580: A mere conglomeration of arbitrary and random groups of individuals. Districts should, as much as possible, be cohesive units with common interests related to representation. This makes a representative's job of articulating the interests of his or her constituency much easier." Instead, in the final report that was passed by the House of Commons, the Sudbury area's existing ridings of Sudbury and Nickel Belt were retained with only minor boundary adjustments, while
756-580: A new map that would have seen the cities of Charlottetown and Summerside each gain one additional seat, with two fewer seats allocated to rural areas of the province. The alternate map gave every incumbent member of the governing party a "safe" seat to run in, while the original report would have forced some of the party's MLAs to compete against each other in nomination contests. The unequal size of electoral districts across Canada has sometimes given rise to discussion of whether all Canadians enjoy equal democratic representation by population . For example,
864-400: A riding's name may be changed without a boundary adjustment. This usually happens when it is determined at a later date that the existing name is not sufficiently representative of the district's geographic boundaries. This is the only circumstance in which a sitting MP's riding name may change between elections. The number of electoral districts for first federal election in 1867 were set by
972-564: A rural resident may not even be able to call their federal or provincial representative's constituency offices without incurring long-distance calling charges. Further, a rural politician who represents dozens of geographically dispersed small towns must normally incur much greater travel expenses, being forced to drive for several hours, or even to travel by air, in order to visit parts of their own district—and may even need to maintain more than one constituency office in order to properly represent all of their constituents. In Ontario, for example,
1080-497: Is an English term denoting a sub-division of a county. In some of Canada's earliest censuses , in fact, some citizens in the Ontario ridings of Bothwell , Cardwell , Monck and Niagara listed their electoral district as their "county" of residence instead of their actual county. Although the term "riding" is no longer used officially to indicate an electoral district, it has passed into common usage. Soon after Confederation ,
1188-414: Is determined, an independent election boundaries commission in each province reviews the existing boundaries and proposes adjustments. Public input is then sought, which may then lead to changes in the final boundary proposal. For instance, the proposed boundaries may not accurately reflect a community's historical, political or economic relationship with its surrounding region; the community would thus advise
SECTION 10
#17328019173751296-404: Is generally known as a riding association ; the legal term is electoral district association or EDA. While electoral districts at both the federal and provincial levels are now exclusively single-member districts , multiple-member districts have been used in the past. The federal riding of Ottawa elected two members from 1872 to 1933. The federal riding of Halifax elected two members from
1404-793: Is hereby declared to continue and be vested in the Queen ". In section 10, the Governor General or an administrator of the government , is designated as "carrying on the Government of Canada on behalf and in the Name of the Queen". Section 11 creates the King's Privy Council for Canada . Section 12 states that the statutory powers of the executives of the former provinces of Upper Canada, Lower Canada, Canada, Nova Scotia, and New Brunswick continue to exist, until modified by subsequent legislation. To
1512-664: Is in a delimited federal competency like those listed under section 91 (see e.g. AG Canada v AG Ontario (Labour Conventions) , [1937] AC 326 (PC)). In 2019, the Saskatchewan Court of Appeal sided with the federal government in a 3–2 split on the Greenhouse Gas Pollution Pricing Act , allowing an expansion of the federal government's taxation power over the provinces in the wake of the climate change crisis, concurrently as Parliament joined with other national legislatures in declaring that
1620-414: Is no longer employed in the other provinces and territories. Electoral district boundaries are adjusted to reflect population changes after each decennial census . Depending on the significance of a boundary change, an electoral district's name may change as well. Any adjustment of electoral district boundaries is official as of the date the changes are legislated, but is not put into actual effect until
1728-487: Is one of them. However, the northern portion of the riding is less strongly conservative than the rest, with pockets of support for the NDP . Historically, this riding has been always right-leaning, with support beginning toward the old Progressive Conservative Party of Canada, shifting toward the right-populist Reform Party after the time of prime minister Brian Mulroney , and then held by the new Conservative Party of Canada since
1836-621: Is produced, it is then submitted to Parliament, MPs may offer objections to the boundaries, but the boundary commissions are not compelled to make any changes as a result of the objections. At Canadian Confederation , the boundaries were defined by the Constitution Act, 1867 . Boundaries for one or more electoral districts were updated in 1872, 1882, 1892, 1903, 1914, 1924, 1933, and 1947. Subsequent changes are known as Representation Order , and occurred in 1952, 1966, 1976, 1987, 1996, 2003, 2013 and 2023. Such changes come into force "on
1944-769: The British North America Act, 1867 ( BNA Act ), is a major part of the Constitution of Canada . The act created a federal dominion and defines much of the operation of the Government of Canada , including its federal structure , the House of Commons , the Senate , the justice system , and the taxation system. In 1982, with the patriation of the Constitution, the British North America Acts which were originally enacted by
2052-531: The Constitution Act, 1867 on the principle of representation by population. The Act provided Quebec a minimum of 65 seats and seat allotment for the remainder of the country was based by dividing the average population of Quebec's 65 electoral districts to determine the number of seats for other provinces. The Act also specified that distribution and boundary reviews should occur after each 10 year census. The boundaries for Quebec's seats were based on
2160-715: The British Parliament , including this Act, were renamed. However, the acts are still known by their original names in records of the United Kingdom . Amendments were also made at this time: section 92A was added, giving provinces greater control over non-renewable natural resources . The long title is "An Act for the Union of Canada, Nova Scotia and New Brunswick, and the Government Thereof; and for Purposes Connected Therewith." The act begins with
2268-716: The Governor General in Council as the governor general acting with the advice of the Privy Council. Section 14 allows the Governor General to appoint deputies to exercise their powers in various parts of Canada. The Commander-in-Chief of all armed forces in Canada continues to be vested in the King under Section 15. Section 16 declares Ottawa to be the seat of government for Canada. The Parliament of Canada comprises
SECTION 20
#17328019173752376-604: The Maritime Provinces and the Western Provinces (at the time of the Union, there were 72 senators). Section 23 lays out the qualifications to become a senator. Senators are appointed by the governor general under Section 24 (which until the 1929 judicial decision in Edwards v Canada (AG) was interpreted as excluding women), and the first group of senators was proclaimed under section 25. Section 26 allows
2484-594: The counties used for local government, hence the French unofficial term comté . However, it became common, especially in Ontario, to divide counties with sufficient population into multiple electoral divisions. The Constitution Act, 1867 , which created the electoral map for Ontario for the first federal and provincial general elections, used the term "ridings" to describe districts which were sub-divisions of counties. The word " riding ", from Old English *þriðing "one-third" (compare farthing , literally "one-fourth"),
2592-506: The exclusive jurisdiction of a section 96 court. To validate the jurisdiction of a federal or provincial tribunal it must satisfy a three-step inquiry first outlined in Reference Re Residential Tenancies Act (Ontario) . The tribunal must not touch upon what was historically intended as the jurisdiction of the superior court. The first stage of inquiry considers what matters were typically exclusive to
2700-589: The seats of government of the first four provinces (Ontario, Quebec, Nova Scotia, New Brunswick), but also allows those provinces to change their seats of government. Sections 69 and 70 establishes the Legislature of Ontario, comprising the lieutenant governor and the Legislative Assembly of Ontario , and Sections 71 to 80 establishes the Parliament of Quebec , which at the time comprised
2808-406: The urban population grew—and more importantly, most city dwellers gained the franchise after property ownership was no longer required to gain the vote. Rural constituencies therefore became geographically larger through the 20th century and generally encompassed one or more counties each, and the word "riding" became used to refer to any electoral division. A political party's local organization
2916-417: The "Senate floor", a province's number of seats in the House of Commons can never be lower than the province's representation in the Senate . Under the " grandfather clause ", the province's number of seats can also never fall below the number of seats it had in the 43rd Canadian Parliament (2019–2021). Under the "representation rule", no province that had a higher share of seats than its population share in
3024-453: The 1800s to 1966. The federal riding of Victoria elected two members from 1872 to 1903. As well, eight other federal ridings elected multiple (two) members at different times. As well, every province plus the territories of Yukon and Northwest Territories at one time or another used multi-seat districts. The use of multi-member districts usually led to the use of plurality block voting but occasionally other forms of voting were used in
3132-457: The 2012 redistribution process, especially to a proposal which would have divided the Church and Wellesley neighbourhood, the city's primary gay village , between the existing riding of Toronto Centre and a new riding of Mount Pleasant along the length of Wellesley Street . In the final report, the northern boundary of Toronto Centre was shifted north to Charles Street. Once the final report
3240-478: The 65 seats Canada East had held in the Parliament of the Province of Canada , prior to Confederation, while the boundaries for Ontario's 82 seats were set by the Constitution Act, 1867 . The present formula for adjusting electoral boundaries was adopted in 2022. It starts by calculating an "electoral quotient", based on the average of the growth rate of the provinces since the time of the last redistribution,
3348-521: The Canadian House of Commons but 130 in its provincial legislature. For the 1999 Ontario general election , however, the government of Mike Harris passed legislation which mandated that seats in the provincial legislature would follow federal electoral district boundaries, both reducing the size of the legislature and eliminating the cost of the province conducting its own boundary adjustment process. After each federal boundary adjustment, seats in
Peace River—Westlock - Misplaced Pages Continue
3456-538: The Commons under Section 53 and must be proposed by the governor general (i.e. the government) under section 54. Sections 55, 56, and 57 allow the governor general to assent to in the Queen's name, withhold assent to or "reserve" for the "signification of the Queen's pleasure" any bill passed by both houses. Within two years of the governor general's royal assent to a bill, the Queen-in-Council may disallow
3564-511: The Commons, under Section 37, consists of 308 members : 106 for Ontario, 75 for Quebec, 11 for Nova Scotia, 10 for New Brunswick, 14 for Manitoba, 36 for British Columbia, 4 for Prince Edward Island, 28 for Alberta, 14 for Saskatchewan, 7 for Newfoundland and Labrador, 1 for Yukon, 1 for the Northwest Territories, and 1 for Nunavut. The House is summoned by the governor general under Section 38. Section 39 forbids senators to sit in
3672-407: The Commons. Section 41 divides the provinces in electoral districts and Section 41 continues electoral laws and voting qualifications of the time, subject to revision. Section 44 allows the house to elect its own speaker and allows the House to replace the speaker in the case of death (Section 45) or prolonged absence (47). A speaker is required to preside at all sittings of the House (46). Quorum for
3780-637: The Crown to add four or eight senators at a time to the Senate, divided among the divisions, but according to section 27 no more senators can then be appointed until, by death or retirement, the number of senators drops below the regular limit of 24 per division. The maximum number of senators was set at 113, in Section 28. Senators are appointed for life (meaning until age 75 since 1965), under Section 29, though they can resign under Section 30 and can be removed under
3888-563: The Crown and the Indigenous peoples of the Great Lakes basin together in a familial relationship, a relationship that exists to this day, exemplified by First Nations attendance at the coronation of King Charles III . Treaty rights would be incorporated into the 1982 Constitution. Section 91(27) gives Parliament the power to make law related to the "criminal law, except the constitution of courts of criminal jurisdiction, but including
3996-492: The House of Assembly (MHA)—to the provincial or territorial legislature. Since 2015, there have been 338 federal electoral districts in Canada. In provincial and territorial legislatures, the provinces and territories each set their own number of electoral districts independently of their federal representation. The province of Ontario currently defines most of its provincial electoral districts to align with federal boundaries; no other province does so, and even Ontario maintains
4104-576: The Indians". Aboriginal Affairs and Northern Development Canada (AANDC), formerly known as Indian and Northern Affairs Canada (INAC), has been the main federal organization exercising this authority. This empowered the Canadian government to act as if the treaties between the Indigenous peoples and the British Crown preceding Confederation did not exist. The Treaty of Niagara of 1764 bound
4212-502: The King and two chambers (the House of Commons of Canada and the Senate of Canada ), as created by section 17. Section 18 defines its powers and privileges as being no greater than those of the British parliament . Section 19 states that Parliament's first session must begin six months after the passage of the act. The Senate has 105 senators (Section 21), most of whom represent (Section 22) one of four equal divisions: Ontario, Quebec,
4320-475: The Liberal Trudeau government tabled legislation to prevent Quebec (or any other province) from losing any seats relative to the number of seats it was apportioned in 2012 Canadian federal electoral redistribution . Bill C-14 amended Rule 2 of subsection 51(1) of the Constitution Act, 1867 , commonly known as the "Grandfather Clause". The Bill passed the House of Commons on June 15, 2022, passed
4428-515: The North American British "Provinces" (colonies) of Canada, New Brunswick, and Nova Scotia. Section 3 established that the union would take effect within six months of passage of the act and Section 4 confirmed "Canada" as the name of the country (and the word "Canada" in the rest of the act refers to the new federation and not the old province). Section 5 listed the four provinces of the new federation. Those were formed by dividing
Peace River—Westlock - Misplaced Pages Continue
4536-503: The Provincial Provinces power over the competency of education, but there are significant restrictions designed to protect minority religious rights. This is due that it was created during a time when there was a significant controversy between Protestants and Catholics in Canada over whether schools should be parochial or non-denominational. Section 93(2) specifically extends all pre-existing denominational school rights into
4644-400: The Senate on June 21, 2022, and received royal assent on June 23, 2022. The Chief Electoral Officer announced the new allocation of seats on July 8, 2022, which would result in an increase to 343 seats. The act was introduced after a Bloc Québécois ' motion calling for government action to protect the number of Quebec's seat after redistribution. When the province's final seat allotment
4752-655: The Timiskaming riding was merged with Nipissing . Despite the opposition that arose to the 2003 process, however, virtually the same tripartite division of the city was proposed in the boundary adjustment of 2012, although due to concerns around balancing the Northern Ontario region's population against its geographic size, the commission announced in 2013 that it would retain the existing electoral districts again. Similarly, opposition arose in Toronto during
4860-606: The United Kingdom had some freedom of expression in 1867, the preamble extended this right to Canada even before the enactment of the Canadian Charter of Rights and Freedoms in 1982; this was a supposed basis for the Implied Bill of Rights . In New Brunswick Broadcasting Co. v. Nova Scotia , the leading Canadian case on parliamentary privilege, the Supreme Court of Canada grounded its 1993 decision on
4968-564: The United Kingdom. Section 96 authorizes the federal government to appoint judges for "the Superior, District, and County Courts in each Province". No provinces have district or county courts anymore, but all provinces have superior courts. Although the provinces pay for these courts and determine their jurisdiction and procedural rules, the federal government appoints and pays their judges. Historically, this section has been interpreted as providing superior courts of inherent jurisdiction with
5076-478: The act is not the Constitution of Canada's only preamble. The Charter also has a preamble . Part I consists of just one extant section. Section 1 gives the short title of the act as Constitution Act, 1867 . Section 2 , repealed in 1893, originally stated that all references to the Queen (then Victoria ) equally apply to all her heirs and successors. The act established the Dominion of Canada by uniting
5184-459: The act; and within two years of the governor general's reservation, the Queen-in-Council may assent to the bill. The basic governing structures of the provinces are laid out in Part V of the act. (Specific mentions are made to the four founding provinces, but the general pattern holds for all the provinces.) Each province must have a lieutenant governor ( Section 58 ), who serves at the pleasure of
5292-574: The better Administration of the Laws of Canada". Section 92(14) gives the provincial legislatures the power over the "Constitution, Maintenance, and Organization of Provincial Courts, both of Civil and of Criminal Jurisdiction". This power includes the creation of both the superior courts , both of original jurisdiction and appeal, as well as inferior tribunals. Superior courts are known as "courts of inherent jurisdiction", as they receive their constitutional authority from historical convention inherited from
5400-702: The better Administration of the Laws of Canada". Parliament has used this power to create the Supreme Court of Canada and lower federal courts. It has created the Supreme Court under both branches of s. 101. The lower federal courts, such as the Federal Court of Appeal , the Federal Court , the Tax Court of Canada and the Court Martial Appeal Court of Canada are all created under the second branch, i.e. as "additional Courts for
5508-418: The boundary commission that it wished to be included in a different electoral district. For example, in the 2003 boundary adjustment, the boundary commission in Ontario originally proposed dividing the city of Greater Sudbury into three districts. The urban core would have remained largely unchanged as Sudbury , while communities west of the central city would have been merged with Algoma—Manitoulin to form
SECTION 50
#17328019173755616-470: The city were divided into one city-based riding and two large rural ones rather than two city-based ridings, while the Timiskaming District is much more strongly aligned with and connected to North Bay , to which it has a direct highway link, than to Sudbury. In a deputation to the boundary commission, Sudbury's deputy mayor Ron Dupuis stated that "An electoral district must be more than
5724-423: The constitutional authority to hear cases. The "section 96 courts" are typically characterized as the "anchor" of the justice system around which the other courts must conform. As their jurisdiction is said to be "inherent", the courts have the authority to try all matters of law except where the jurisdiction has been taken away by another court. However, courts created by the federal government under section 101 or by
5832-414: The court at the time of Confederation in 1867. In Sobeys Stores Ltd. v. Yeomans (1989) the Supreme Court stated that the "nature of the disputes" historically heard by the superior courts, not just the historical remedies provided, must be read broadly. If the tribunal is found to intrude on the historical jurisdiction of the superior court, the inquiry must turn to the second stage which considers whether
5940-402: The district for the capital city of Charlottetown was divided into two. After 1966, however, the electoral district boundaries again remained unchanged until 1996, when the province adopted new single-member districts. Under the new model, electoral districts are now adjusted every ten years, although most adjustments are geographically modest and the district's name is sometimes, but not always,
6048-445: The extent those pre-Confederation statutory powers now came within provincial jurisdiction, they could be exercised by the lieutenant governors of the provinces, either alone or by the advice of the provincial executive councils. To the extent the pre-Confederation statutory powers now came within federal jurisdiction, they could be exercised by the Governor General, either with the advice of the Privy Council or alone. Section 13 defines
6156-472: The failed Charlottetown Accord , no such rule currently exists—Quebec's seat allotment in the House of Commons is in fact governed by the same adjustment clauses as all other provinces, and not by any provisions unique to Quebec alone. However, such provisions have existed at various times in the past. From 1867 to 1946 Quebec was allocated 65 seats, with the other provinces allocated seats based on their size relative to Quebec. The "amalgam formula" of 1976 set
6264-486: The far north of the province. As a result, the province currently has 121 seats in the House of Commons, but 124 seats in the provincial legislature. When Prince Edward Island joined Confederation in 1873, it set a fixed formula in which each of the province's three counties was divided into five electoral districts per county, each of which elected two representatives to the provincial legislature. These districts were never adjusted for demographic changes, except in 1966 when
6372-530: The federal Divorce Act is valid legislation, even though the Divorce Act has some incidental effects on child custody , which is usually considered to be within the provincial jurisdictions of "civil rights" (s. 92(13)) and "matters of a private nature" (s. 92(16)). Section 92(10) allows the federal government to declare any "works or undertakings" to be of national importance, and thereby remove them from provincial jurisdiction. Sections 93 and 93A give
6480-572: The federal Parliament the legislative power to implement treaties entered to by the British government on behalf of the Empire. With the acquisition of full sovereignty by Canada, this provision has limited effect. Section 133 establishes English and French as the official languages of the Parliament of Canada and the Legislature of Quebec. Either language can be used in the federal Parliament and
6588-419: The federal and provincial governments share power over agriculture and immigration. Either order of government can make laws in this area, but in the case of a conflict, federal law prevails. The authority over the judicial system in Canada is divided between Parliament and the provincial Legislatures. Section 101 gives Parliament power to create a "general court of appeal for Canada" and "additional Courts for
SECTION 60
#17328019173756696-422: The federal government is liable for the debts of the provinces (Sections 111–116). It establishes the tradition of the federal government supporting the provinces through fiscal transfers (Section 119). It creates a customs union which prohibits internal tariffs between the provinces ( Sections 121 –124). Section 125 prevents one order of government from taxing the lands or assets of the other. Section 132 gives
6804-433: The federal government power over divorce and marriage. On this basis, Parliament can legislate on the substantive law of marriage and divorce. However, the provinces have power over the procedural law governing the solemnization of marriage (section 92(12)). There are also several instances of overlap in laws relating to marriage and divorce, which in most cases is solved through interjurisdictional immunity . For instance,
6912-483: The federal ones; in the Northern Ontario region, however, because the region's slower growth would result in the gradual loss of seats compared to the more rapidly growing south, most districts still retain the same boundaries as the federal districts that were in place as of 2003, and are not readjusted to correspond to current federal boundaries. For the 2018 Ontario general election , further, two new uniquely provincial districts were added to increase representation for
7020-423: The first dissolution of Parliament that occurs at least seven months after the day on which that proclamation was issued". The boundary adjustment processes for electoral districts in provincial or territorial legislative assemblies follow provincial or territorial, rather than federal, law; they are overseen by each province's or territory's own election agency rather than by Elections Canada, and legislated by
7128-476: The first subsequent election. Thus, an electoral district may officially cease to exist, but will continue to be represented status quo in the House of Commons until the next election is called. This, for example, gives new riding associations time to organize, and prevents the confusion that would result from changing elected MPs' electoral district assignments in the middle of a Parliament. On some occasions (e.g., Timiskaming—French River , Toronto—Danforth ),
7236-431: The former Province of Canada into two: its two subdivisions, Canada West and Canada East , renamed Ontario and Quebec , respectively, become full provinces in Section 6. Section 7 confirmed that the boundaries of Nova Scotia and New Brunswick are not changed. And Section 8 provided that a national census of all provinces must be held every ten years. Section 9 confirms that all executive authority "of and over Canada
7344-543: The four federal electoral districts in Prince Edward Island have an average size of just 33,963 voters each, while federal electoral districts in Ontario, Alberta and British Columbia have an average size of over 125,000 voters each—only slightly smaller, in fact, than the entire population of Prince Edward Island. Conversely, pure representation by population creates distinct disadvantages for some Canadians, giving rise to frequent debate about how to balance
7452-420: The function of the tribunal and whether it operates as an adjudicative body. The final step assesses the context of the tribunal's exercise of power and looks to see if there are any further considerations to justify its encroachment upon the superior court's jurisdiction. Not all courts and tribunals have jurisdiction to hear constitutional challenges. The court, at the very least, must have jurisdiction to apply
7560-455: The governor general (Section 59), whose salary is paid by the federal parliament (Section 60), and who must swear the oath of allegiance (Section 61). The powers of a lieutenant governor can be substituted for by an administrator of government (Sections 62 and 66). All provinces also have an executive council (Sections 63 and 64). The lieutenant governor can exercise executive power alone or " in council " (Section 65). Section 68 establishes
7668-439: The highest annual expense budgets among members of the Legislative Assembly of Ontario are consistently filed by the representatives for Mushkegowuk—James Bay and Kiiwetinoong , the province's two largest and northernmost electoral districts; both must spend far more on travel to and from Toronto, travel within their own ridings and additional support staff in multiple communities within their ridings than any other legislator in
7776-458: The house is set at 20 members, including the speaker by Section 48. Section 49 says that the speaker cannot vote except in the case of a tied vote. The maximum term for a house is five years between elections under Section 50. Section 51 sets out the rules by which Commons seats are to be redistributed following censuses, allowing for more seats to be added by section 52. " Money bills " (dealing with taxes or appropriation of funds) must originate in
7884-419: The last redistribution can have its share of seats drop below its population share. A province may be allocated extra seats over its base entitlement to ensure that these rules are met. In 2022, for example, Prince Edward Island would have been entitled to only two seats according to the electoral quotient, but through the senatorial clause the province gained two more seats to equal its four senators. Quebec
7992-401: The law. In N.S. v. Martin; N.S. v. Laseur (2003) the Supreme Court re-articulated the test for constitutional jurisdiction from Cooper v. Canada . The inquiry must begin by determining whether the enabling legislation gives explicit authority to apply the law. If so, then the court may apply the constitution. The second line of inquiry looks into whether there was implied authority to apply
8100-522: The law. This can be found by examining the text of the act, its context, and the general nature and characteristics of the adjudicative body. See Section Twenty-four of the Canadian Charter of Rights and Freedoms for the jurisdiction of the Charter . This Part lays out the financial functioning of the government of Canada and the provincial governments. It establishes a fiscal union where
8208-506: The legislative assembly would henceforth be automatically realigned to match the federal boundaries at the first subsequent provincial election. Although most electoral districts in the province still conform to federal boundaries, later amendments to the 1999 legislation have reauthorized the introduction of some differences from the federal map. In the Southern Ontario region, provincial districts remain in precise alignment with
8316-665: The lieutenant governor, the Legislative Assembly of Quebec (renamed in 1968 to the National Assembly of Quebec ), and the Legislative Council of Quebec (since abolished). The legislatures are summoned by the Lieutenant Governors (Section 82). Section 83 prohibits provincial civil servants (excluding cabinet ministers) from sitting in the provincial legislatures. Section 84 allows for existing election laws and voting requirements to continue after
8424-555: The multi-seat districts. From 1920 to 1949 Winnipeg used single transferable vote (STV) to elect 10 MLAs in a single city-wide district. And then the city was made into three four-member districts, again with the seats filled through STV. St. Boniface elected two MLAs in 1949 and 1953 through STV. Alberta had three provincial districts that at various times returned two, five, six or seven members: see Calgary , Edmonton and Medicine Hat . Prior to 1924 these seats were filled through plurality block voting but from 1924 to 1956
8532-454: The nation was in a " climate emergency " on 17 June. In Grant Huscroft 's dissenting opinion on the Court of Appeal for Ontario , he provides that "counsel for Canada conceded that the act was not passed on the basis that climate change constitutes an emergency". Section 91(24) of the act provides that the federal government has the legislative jurisdiction for "Indians and lands reserved for
8640-424: The new riding of Greater Sudbury—Manitoulin, and those east and north of the central city would have been merged with Timiskaming to create the riding of Timiskaming—Greater Sudbury. Due to the region's economic and transportation patterns, however, "Timiskaming—Greater Sudbury" was particularly opposed by its potential residents — voters in Sudbury were concerned about the weakening of their representation if
8748-400: The number of Quebec seats to 75, which was to be increased by 4 after each decennial census. Other "large" provinces (over 2.5 million) would be assigned seats based on their relative population to Quebec. The amalgam formula was applied only once, based on the 1971 census. After the 1981 census it was realized that adding an additional four seats to Quebec every ten years would rapidly inflate
8856-428: The only substantive change that actually occurs. Because electoral district boundaries are proposed by an arms-length body , rather than directly by political parties themselves, gerrymandering is not generally seen as an issue in Canada. However, in 2006 the provincial government of Prince Edward Island was accused of gerrymandering after it rejected the independent boundary commission's report and instead proposed
8964-453: The other clauses. The 2012 redistribution , which added three new seats in Quebec under the newly added representation rule, was the first and so far only time since 1985 that any of the other seven provinces had ever gained new seats. Some sources incorrectly state that a special provision guaranteeing a certain number of seats to Quebec is also applied. While such a provision was proposed in
9072-505: The peace, order, and good government of Canada, in relation to all matters not coming within the classes of subjects by this Act assigned exclusively to the Legislatures of the provinces". Although the text of the act appears to give Parliament residuary powers to enact laws in any area that has not been allocated to the provincial governments , subsequent Privy Council jurisprudence held that the "peace, order, and good government" power
9180-587: The population size of electoral districts against their geographic size. Whereas urban districts, such as Toronto Centre , Vancouver Centre or Papineau , may be as small as 15 square kilometres (5.8 sq mi) or less, more rural districts, such as Timmins-James Bay , Abitibi—Baie-James—Nunavik—Eeyou or Desnethé—Missinippi—Churchill River may encompass tens or hundreds of thousands of square kilometres. Thus, while Canadians who reside in major urban centres typically live within walking distance of their federal or provincial representatives' constituency offices,
9288-496: The post or plurality block voting ). The only exception were the 1952 and 1953 elections, when instant-runoff voting was used. In the case of multi-member districts, separate contests were used to elect separate MLAs in the same district. Prince Edward Island had dual-member districts at the provincial level from Confederation to the 1996 election . In the case of New Brunswick , between 1935 and 1974, some ridings were multi member districts, electing more than one MLA in
9396-509: The post-Confederation era. Section 94 allows for the provinces that use the British-derived common law system, in effect all but Quebec, to unify their property and civil rights laws. This power has never been used. Under Section 94A, the federal and provincial governments share power over Old Age Pensions. Either order of government can make laws in this area, but in the case of a conflict, provincial law prevails. Under Section 95,
9504-549: The preamble. Moreover, since the UK had a tradition of judicial independence , the Supreme Court ruled in the Provincial Judges Reference of 1997 that the preamble shows judicial independence in Canada is constitutionally guaranteed. Political scientist Rand Dyck criticized the preamble in 2000, saying it was "seriously out of date". He claimed the act "lacks an inspirational introduction". The preamble to
9612-409: The previous redistribution's electoral quotient is then multiplied by this average, and then the population of each individual province is divided by this electoral quotient then rounded up to determine the number of seats to which the province is officially entitled. Additionally, one seat is automatically allocated to each of Canada's three territories. Finally, a few special rules are applied. Under
9720-475: The procedure in criminal matters". It was on this authority that Parliament enacted and amends the Criminal Code . However, under section 92(14), the provinces are delegated the power to administer justice, "including the constitution, maintenance, and organization of provincial courts, both of civil and criminal jurisdictions, and including procedure in civil matters in both courts". This provision allows
9828-482: The process results in most provinces maintaining the same number of seats from one redistribution to the next, due to the senatorial and grandfather clauses—prior to the 2015 election , only Ontario , Alberta and British Columbia , traditionally the country's three fastest-growing provinces, had ever gained seats in a redistribution. All other provinces still held the same number of seats that they held in 1985, and were thus already protected from losing even one seat by
9936-550: The province losing clout in Ottawa if its proportion of seats in the House of Commons were reduced; finally, three new seats were allotted to Quebec as well. The measure did not pass before the 2011 election was called, but was put forward again after the election. It was passed on December 16, 2011 as the Fair Representation Act (Bill C-20), and resulted in the 2012 redistribution process. On March 24, 2022,
10044-519: The province. A 2017 study found, that 41 of the 338 federal ridings, have populations where visible minorities /Non Whites form the majority of the riding. Ontario and British Columbia have the largest number of ridings where visible minorities form the majority. Quebec has the most ridings with less than 5% visible minorities. Constitution Act, 1867 [REDACTED] Canada portal The Constitution Act, 1867 ( French : Loi constitutionnelle de 1867 ), originally enacted as
10152-568: The provinces powers over the "prisons". This means that offenders sentenced to two years or more go to federal penitentiaries while those with lighter sentences go to provincial prisons. Section 92(13) gives the Provinces the exclusive power to make law related to " property and civil rights in the province". In practice, this power has been read broadly to give the provinces authority over numerous matters such as professional trades, labour relations , and consumer protection. Section 91(26) gives
10260-647: The provinces to create the courts of criminal jurisdiction and to create provincial police forces such as the OPP and the Sûreté du Québec (SQ) . As a matter of policy dating back to Confederation, the federal government has delegated the prosecutorial function for almost all criminal offences to the provincial Attorneys General. Crown Prosecutors appointed under provincial law thus prosecute almost all Criminal Code offences across Canada. Section 91(28) gives Parliament exclusive power over "penitentiaries" while section 92(6) gives
10368-462: The provincial government under 92(14) are generally not allowed to intrude on the core jurisdiction of a section 96 court. The scope of the core jurisdiction of section 96 courts has been a matter of considerable debate and litigation. When commencing litigation a court's jurisdiction may be challenged on the basis that it does not have jurisdiction. The issue is typically whether the statutory court created under section 101 or 92(14) has encroached upon
10476-424: The provincial legislature rather than the federal parliament. Each province is free to decide its own number of legislative assembly seats, and is not required to comply with the federal quotas that govern its number of parliamentary districts. Prior to 1999, provincial electoral districts were defined independently of federal districts; at the time of the 1995 Ontario general election , the province had 103 seats in
10584-427: The provisions regarding money votes, royal assent, reservation and disallowance, as established for the federal Parliament to the provincial legislatures but with the governor general in the role of the Queen-in-Council. The powers of government are divided between the provinces and the federal government and are described in sections 91 to 95 of the act. Sections 91 and 92 are of particular importance, as they enumerate
10692-522: The seats in the district. STV was used in Alberta and Manitoba multi-member districts from 1920s to 1950s. STV almost always produced mixed representation with no one-party sweep. As mentioned, limited voting was used in Toronto when it was a multi-member district. IRV was used in all BC districts including the multi-member districts, in 1952 and 1953. This voting system ensured that the winner had
10800-516: The seats were filled through single transferable voting (STV). Saskatchewan used multi-member provincial districts in Saskatoon , Regina and Moose Jaw , from 1920 to 1967. These seats were filled through multiple non-transferable vote . British Columbia provincially had a mix of multiple-member districts and single-member districts at the provincial level from 1871 to the 1991 election . Members were elected through plurality ( first past
10908-659: The size of the House of Commons, so that formula was abandoned in favour of the 1985 Representation Act . In 2008 the government of Prime Minister Stephen Harper proposed an amendment to the process which would have given Alberta, British Columbia and Ontario, the three provinces whose electoral districts have an average size larger than those in Quebec, a total of 32 additional seats by applying Quebec's average of 105,000. The measure initially included only British Columbia and Alberta; Harper later proposed an alternative plan which included Ontario. However, opposition then emerged in Quebec, where politicians expressed concern about
11016-666: The subjects for which each jurisdiction can enact a law, with section 91 listing matters of federal jurisdiction and section 92 listing matters of provincial jurisdiction. Sections 92A and 93 and 93A are concerned with non-renewable natural resources and education, respectively (both are primarily provincial responsibilities). Section 94 leaves open a possible change to laws regarding property and civil rights , which so far has not been realized. Sections 94A and 95, meanwhile, address matters of shared jurisdiction, namely old age pensions (section 94A) and agriculture and immigration (section 95). Section 91 authorizes Parliament to "make laws for
11124-615: The support of a majority of votes in each contest but did nothing to create proportionality. Electoral district names are usually geographic in nature, and chosen to represent the community or region within the electoral district boundaries. Some electoral districts in Quebec are named for historical figures rather than geography, e.g., Louis-Hébert , Honoré-Mercier . Similarly in Alberta, provincial districts mix geographic names with those of historical personages (e.g., Edmonton-Decore after Laurence Decore , Calgary-Lougheed after Peter Lougheed and James Alexander Lougheed ). This practice
11232-428: The terms of section 31, in which case the vacancy can be filled by the governor general (Section 32). Section 33 gives the Senate the power to rule on its own disputes over eligibility and vacancy. The speaker of the Senate is appointed and dismissed by governor general under Section 34. Quorum for the Senate is (initially) set at 15 senators by Section 35, and voting procedures are set by Section 36. The composition of
11340-570: The unification of the Progressive Conservatives and Canadian Alliance in 2003. Electoral district (Canada) An electoral district in Canada is a geographical constituency upon which Canada 's representative democracy is based. It is officially known in Canadian French as a circonscription but frequently called a comté ( county ). In Canadian English it is also colloquially and more commonly known as
11448-439: The union. Section 85 sets the life of each legislature as no more than four years, with a session at least once every twelve months under Section 86. Section 87 extends the rules regarding speakers, by-elections, quorum, etc., as set for the federal House of Commons to the legislatures of Ontario and Quebec. Section 88 simply extends the pre-union constitutions of those provinces into the post-Confederation era. Section 90 extends
11556-523: Was created out of parts of Peace River , Fort McMurray—Athabasca , Yellowhead , and Westlock—St. Paul . Conservative Arnold Viersen, a former mechanic, has been the riding's MP since 2015. This riding has elected the following members of the House of Commons of Canada : This riding is a typical conservative stronghold riding. There are several ridings in Alberta that the Conservative Party of Canada realistically expects to win, and this
11664-438: Was only entitled to 71 seats by the electoral quotient alone, but through the grandfather clause the province gained seven seats to equal the 78 seats it had in the 43rd Parliament. Saskatchewan and Manitoba also gained seats under the grandfather clause, New Brunswick gained seats under the senatorial clause, and Nova Scotia and Newfoundland and Labrador gained seats under the grandfather and senate clauses. In practice,
#374625