Proposed Boundaries – Alberta



Part IV – Rules For Public Hearings

The Commission makes the following rules for its proposed public hearings. Rules for making representations are made under the authority of sections 18 and 19 of the Electoral Boundaries Readjustment Act, R.S.C. 1985, c. E-3, as amended.

These rules may be cited as "The Rules of the Federal Electoral Boundaries Commission for Alberta, 2012–2013" (hereinafter, "these Rules").

The following rules will apply to public hearings:

  1. In these Rules:

    1. "Act" means the Electoral Boundaries Readjustment Act, R.S.C. 1985, c. E-3, as amended;

    2. "advertisement" means the advertisement required by subsection 19(2) of the Act;

    3. "Commission" means the Federal Electoral Boundaries Commission for the Province of Alberta, established by proclamation on February 21, 2012;

    4. "Commission Secretary" means the person designated as such by the Commission;

    5. "notice" means a notice of intention to make a representation, submitted in writing to the Commission Secretary within the time limit established by subsection 19(5) of the Act;

    6. "map" means the map published with the advertisement showing the proposed division of the province into electoral districts;

    7. "representation" means a representation made in accordance with section 19 of the Act by an interested person as to the division of the province into electoral districts;

    8. "sitting" means a sitting held for the hearing of representations in accordance with section 19 of the Act.

  2. A person giving notice shall name the proposed electoral district or electoral districts that are to be the subject of his or her representation.

  3. For the purpose of interpreting subsection 19(5) of the Act, notice shall be considered to have been given when it is mailed, and the postmark on the envelope containing the notice shall be accepted as proof of the date of its mailing.

  4. For the purpose of interpreting subsection 19(5) of the Act, notice shall be considered to have been given where mailed electronically and received by the Commission Secretary within the required time.

  5. Where a written representation is received by the Commission Secretary without notice of intent to appear at a sitting, the Commission Secretary shall forthwith invite the person sending the representation to appear at an appropriate sitting.

  6. If the sender of the written representation informs the Commission Secretary that he or she cannot appear at a sitting, the Commission Secretary shall ask the sender for consent to make the written representation public at an appropriate sitting.

  7. In accordance with subsection 19(5) of the Act, no representation shall be heard by the Commission at any sittings unless notice in writing is given to the Commission, stating the name and address of the person who seeks to make the representation, and indicating concisely the nature of the representation and the interest of the person, unless the Commission decides otherwise in accordance with subsection 19(6) of the Act.

  8. A person who seeks to make a representation shall state, in his or her written notice, at which of the advertised hearing locations such person wishes to appear to make the representation.

  9. Unless the sender of a written representation indicates otherwise in writing, a copy of the representation shall be made available at the sitting for examination by any person making a representation there.

  10. Where the sender of a written representation indicates in writing that the representation may not be made public, the Commission shall not consider the written representation.

  11. If no notice is received for a sitting, the Commission may cancel the sitting.

  12. If a quorum of commissioners cannot be present at a sitting, the Commission may provide the hearing of representations by one member of the Commission pursuant to section 18 of the Act or may postpone the sitting to a later date.

  13. In the event of a postponement or cancellation of a sitting, the Commission shall give public notice of such postponement or cancellation through local radio stations, and the Commission Secretary shall notify any person who has given notice and has not been heard.

  14. Only one person shall be heard in the presentation of any single representation, including a representation on behalf of an association or group, unless the Commission in its discretion decides otherwise.

  15. A person giving notice to make a representation shall indicate the official language in which it is to be made and accommodation needs they may have.

  16. A time limit of 15 minutes per representation will be the general rule.

  17. The time limitation of 15 minutes includes the set-up and take-down of all audiovisual equipment, and any equipment required is the responsibility of the person making the representation.

  18. If it appears at a sitting that the Commission cannot complete the hearing of representations within the allotted time, the Commission may adjourn the sitting to a later date at the same or another location, having regard to the convenience of those whose representations have not yet been heard.

Hearing Cancellation or Notice of Postponement

If a hearing cannot be held due to bad weather or other circumstances, notice of the postponement or cancellation will be given through local radio stations. Details concerning any new hearing will be published in an appropriate local newspaper, and the Commission Secretary will advise persons who have given notice of intention to appear.

Dated at Calgary, Alberta, this 18th day of June, 2012.

THE HONOURABLE MADAM JUSTICE CAROLE CONRAD
Chair
Federal Electoral Boundaries Commission
for the Province of Alberta





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