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“Point in Time” Act Content

ELECTORAL BOUNDARIES COMMISSION ACT

[RSBC 1996] CHAPTER 107

NOTE: Links below go to act content as it was prior to the changes made on the effective date. (PIT covers changes made from September 6, 2000 to "current to" date of the act.)
SECTIONEFFECTIVE DATE
2June 21, 2007
3November 24, 2005
 May 29, 2014
 June 17, 2021
4March 30, 2023
5November 24, 2005
 March 11, 2022
6June 21, 2007
6.1June 21, 2007
6.2June 21, 2007
6.3June 21, 2007
9May 29, 2014
 May 29, 2014
 June 17, 2021
10November 24, 2005
 December 22, 2014
15April 18, 2001
 May 29, 2014

  Section 2 (3) and (4) were added by 2007-9-71, effective June 21, 2007 (BC Reg 226/2007).

  Section 3 (2) BEFORE amended by 2005-30-1, effective November 24, 2005 (Royal Assent).

(2)  If the commission in carrying out its functions under subsection (1) considers that the number of electoral districts in British Columbia should be increased, it may make proposals to the Legislative Assembly to increase the number of electoral districts up to a maximum of 81.

  Section 3 (2) BEFORE amended by 2014-24-1, effective May 29, 2014 (Royal Assent).

(2) If the commission in carrying out its functions under subsection (1) considers that the number of electoral districts in British Columbia should be increased, it may make proposals to the Legislative Assembly to increase the number of electoral districts up to a maximum of 85.

  Section 3 (2) BEFORE amended by 2021-20-1, effective June 17, 2021 (Royal Assent).

(2) If, in carrying out its functions under subsection (1), the commission considers that the number of electoral districts in British Columbia should be increased, the commission may make proposals to the Legislative Assembly to increase the number of electoral districts up to a maximum of 87.

  Section 4 (1) BEFORE amended by 2023-10-182, effective March 30, 2023 (Royal Assent).

(1) The commission member who is a retired judge appointed under section 2 (1) (a) and the commission member who is appointed under section 2 (1) (b) may be paid remuneration for his or her services on the commission in an amount prescribed by the Lieutenant Governor in Council.

  Section 5 BEFORE re-enacted by 2005-30-2, effective November 24, 2005 (Royal Assent).

 Time of appointment of commission

5  (1)  The first commission must be appointed during the second session of the 36th Parliament.

(2)  A new commission must be appointed during the first session of the Legislature following every second general election following the appointment of the first commission.

  Section 5 (2) BEFORE amended by 2019-42-153,Sch 1, effective March 11, 2022 (BC Reg 57/2022).

(2) A new commission must be appointed no later than one year after the general voting day for every second general election following the appointment under subsection (1).

  Section 6 BEFORE re-enacted by 2007-9-72, effective June 21, 2007 (BC Reg 226/2007).

 Powers of commission

6  The commission and each member of it has, for the purposes of this Act, all of the powers conferred on commissioners under Part 2 of the Inquiry Act.

  Sections 6.1 was enacted by 2007-9-72, effective June 21, 2007 (BC Reg 226/2007).

  Sections 6.2 was enacted by 2007-9-72, effective June 21, 2007 (BC Reg 226/2007).

  Sections 6.3 was enacted by 2007-9-72, effective June 21, 2007 (BC Reg 226/2007).

  Section 9 (0.1), (1.1) and (3) were added by 2014-24-2(a) and (c), effective May 29, 2014 (Royal Assent).

  Section 9 (1) BEFORE amended by 2014-24-2(b), effective May 29, 2014 (Royal Assent).

(1) In determining the area to be included in and in fixing the boundaries of proposed electoral districts, the commission must be governed by the following principles:

(a) that the principle of representation by population be achieved, recognizing the imperatives imposed by geographical and demographic realities, the legacy of our history and the need to balance the community interests of the people of British Columbia;

(b) to achieve that principle, the commission be permitted to deviate from a common statistical Provincial electoral quota by no more than 25%, plus or minus;

(c) the commission be permitted to exceed the 25% deviation principle where it considers that very special circumstances exist.

  Section 9 BEFORE re-enacted by 2021-20-2, effective June 17, 2021 (Royal Assent).

Determining boundaries

9   (0.1) In this section:

"Cariboo-Thompson Region" means a region consisting of the following electoral districts specified in the Electoral Districts Act:

(a) Cariboo North;

(b) Cariboo-Chilcotin;

(c) Fraser-Nicola;

(d) Kamloops-North Thompson;

(e) Kamloops-South Thompson;

"Columbia-Kootenay Region" means a region consisting of the following electoral districts specified in the Electoral Districts Act:

(a) Columbia River-Revelstoke;

(b) Kootenay East;

(c) Kootenay West;

(d) Nelson-Creston;

"North Region" means a region consisting of the following electoral districts specified in the Electoral Districts Act:

(a) Nechako Lakes;

(b) North Coast;

(c) Peace River North;

(d) Peace River South;

(e) Prince George-Mackenzie;

(f) Prince George-Valemount;

(g) Skeena;

(h) Stikine.

(1) Subject to subsection (1.1), in determining the area to be included in and in fixing the boundaries of proposed electoral districts, the commission must be governed by the following principles:

(a) that the principle of representation by population be achieved, recognizing the imperatives imposed by geographical and demographic realities, the legacy of our history and the need to balance the community interests of the people of British Columbia;

(b) to achieve that principle, the commission be permitted to deviate from a common statistical Provincial electoral quota by no more than 25%, plus or minus;

(c) the commission be permitted to exceed the 25% deviation principle where it considers that very special circumstances exist.

(1.1) With respect to the Cariboo-Thompson Region, the Columbia-Kootenay Region and the North Region, the commission must be governed by the following additional principles:

(a) for the purpose of effective representation in the Legislative Assembly, each of these regions must not have the number of their electoral districts reduced from the number of electoral districts that currently exist for the region;

(b) for the purposes of complying with paragraph (a) of this subsection, the commission may exceed the 25% deviation principle established by subsection (1) (b).

(2) For the purpose of making proposals under section 3 (2), the commission must take into account the following:

(a) geographic and demographic considerations, including the sparsity, density or rate of growth of the population of any part of British Columbia and the accessibility, size or physical configuration of any part of British Columbia;

(b) the availability of means of communication and transportation between various parts of British Columbia.

(3) For certainty, for the purpose of making proposals under section 3 (2), the commission may propose

(a) changing the names of electoral districts in the Cariboo-Thompson Region, the Columbia-Kootenay Region and the North Region, and

(b) adjusting or changing boundaries of electoral districts in the Cariboo-Thompson Region, the Columbia-Kootenay Region and the North Region, including, subject to the purpose set out in subsection (1.1) (a), boundaries of electoral districts that are regional boundaries.

  Section 10 (1) BEFORE amended by 2005-30-3, effective November 24, 2005 (Royal Assent).

10  (1)  The commission, after considering any representations made to it, and within 12 months of the date on which the commission is appointed, must submit to the Speaker of the Legislative Assembly a report, which must delineate the number, which must not be less than 75 nor more than 81, and the names, areas and boundaries of the proposed electoral districts.

  Section 10 (1) BEFORE amended by 2014-24-3, effective December 22, 2014 (BC Reg 262/2014).

(1) The commission, after considering any representations made to it, and within 12 months of the date on which the commission is appointed, must submit to the Speaker of the Legislative Assembly a report, which must delineate the number, which must not be less than 79 nor more than 85, and the names, areas and boundaries of the proposed electoral districts.

  Section 15 (1) BEFORE amended by 1999-31-15, effective April 18, 2001 [dissolution of 36th Parliament].

15  (1)  If the Legislative Assembly is not in session, the Lieutenant Governor in Council may, by regulation, establish the names and the areas and boundaries of the electoral districts from which the 75 members of the Legislative Assembly are elected.

  Section 15 (2) BEFORE amended by 2014-24-4, effective May 29, 2014 (Royal Assent).

(2) The Lieutenant Governor in Council must not enact a regulation under subsection (1) unless the Select Standing Committee of the Legislative Assembly on Labour, Justice and Intergovernmental Relations has made a unanimous report to the Legislative Assembly recommending the names and specifying the areas and boundaries of the electoral districts.