Preamble
By proclamation, on April 16, 2002, a Federal Electoral Boundaries Commission for the Province of Nova Scotia (the Commission) was established under and by virtue of the Electoral Boundaries Readjustment Act, R.S.C. 1985, c. E-3 (the Act).
The Commission is composed of Dr. Ronald G. Landes and Dr. James Bickerton, both of whom have been appointed by the Speaker of the House of Commons, and the Honourable William Kelly, the undersigned Chairman, a Justice of the Supreme Court of Nova Scotia, who has been appointed by the Chief Justice of Nova Scotia.
The Commission's task is to establish, or more properly stated to readjust, the boundaries of federal electoral districts (sometimes called constituencies) in accordance with population figures established for the Province by the 2001 decennial census. The Province is now divided into eleven (11) electoral districts and that number will not change.
The 2001 decennial census established the population of Nova Scotia at 908,007. The population divided by the number of electoral districts gives an electoral quota of 82,546 persons per electoral district. The population of each electoral district must correspond as close as is reasonably possible to that electoral quota. The Act provides, however, that the Commission may deviate from that quota to take account of certain factors such as community of interest and identity, historical patterns, and manageable geographic size. Section 15 of the Act specifically directs that in establishing boundaries, the Commission be governed by the following rules:
but, in departing from the application of the rule set out in paragraph (1)(a), the commission shall make every effort to ensure that, except in circumstances viewed by the commission 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.
In conjunction with the provisions of the Act, the Commission's decisions must be guided by the Constitution Act, 1982, in particular the Canadian Charter of Rights and Freedoms, which guarantees Canadian citizens the right to vote in federal and provincial elections. This right has been interpreted by the Supreme Court of Canada in a manner that sets constitutional criteria for the drawing of electoral boundaries.
In what is known as "the Carter decision", released on June 6, 1991, which deals with provincial electoral boundaries in Saskatchewan, the Supreme Court of Canada ruled that the purpose of the right to vote, as guaranteed by section 3 of the Charter, is not equality of voting power by itself but the right to "effective representation". First and foremost, the Court ruled, "effective representation" requires "relative parity of voting power". Absolute equality of population size among electoral districts, the Court ruled, was not required. However, deviation from equality resulting in "relative parity of voting power" for the purpose of accommodating geography, community of interest or minority representation, must be "justified on the grounds that they contribute to better government of the populace as a whole". In other words, the variation from the electoral quota permitted by the Act is not a licence to be used without justification.
In implementing the guidelines of the Act and adhering to the guidelines of the Supreme Court of Canada in the Carter decision and subsequent Canadian superior court decisions, the Commission proceeded in the following manner.
The Commission first considered whether or not there were any "extraordinary circumstances" which might justify moving beyond the given ± factor of 25 percent (subsection 15(2) of the Act). Upon consideration, the Commission decided that there were clearly no such extraordinary circumstances.
The Commission's second task was to determine the need, if any, for a redrawing of federal electoral boundaries in the province, based on the official population figures for 2001. The Commission used two criteria: population variances for each electoral district and seat entitlements for each electoral district. These measures show any deviation of the population of each electoral district from the Nova Scotia electoral quota of 82,546.
The first measure of variance simply states the percentage by which an electoral district's population is either above or below the electoral quota. The second measure, that of seat entitlement, is based on an "entitlement index." An electoral district's seat entitlement is calculated by dividing the electoral district's population by the electoral quota. Both measures are presented in Schedule "A" for the current electoral districts in Nova Scotia.
Two of the current federal electoral districts, as established in 1996 on the basis of the 1991 census, substantially exceed the electoral quota of 82,546. The electoral district of Halifax West is nearly 29 percent above the electoral quota and has a seat entitlement of 1.29 and Kings—Hants is slightly more than 20 percent above the electoral quota and has a seat entitlement of 1.20. Moreover, a number of the other electoral districts show a considerable range of variance in seat entitlement scores. As a result, the Commission has concluded that some boundary changes must be made in order to meet the principal criterion of "relative parity of voting power" and the other criteria in the Act as interpreted by the courts.
In addition to considering the variance and entitlements for each current electoral district, the Commission reviewed present county seat entitlements as well. The previous Commission had grouped together contiguous counties as the basis for the drawing of the present electoral districts that were approved in 1996. In Schedule "B" the Commission presents the current seat entitlements for each county and in Schedule "C" the current seat entitlements for county groupings. County seat entitlements were calculated by dividing the population of each county by the electoral quota. A similar process was used to determine the seat entitlements for groupings of contiguous counties.
A review of the data in Schedules "A", "B" and "C" revealed two areas of special concern: Cape Breton Island and Halifax County. In 1996, Cape Breton Island was allocated two seats, but based on the 2001 population figures, it is now entitled to 1.79 seats. In Halifax County, which was allocated four seats in 1996, population growth by 2001 had increased that county's seat entitlement to 4.35. It was determined that these results indicated a need for boundary adjustments in both areas. These adjustments necessitated changes in adjacent areas. In addition, a change in the boundary line between West Nova and Kings—Hants was warranted.
Having identified potential areas for change and having rejected the need to invoke the "extraordinary circumstances" clause, the Commission's third task was to decide what variances, if any, were necessary to meet the primary objective of relative parity of voting power, while also applying the other criteria of historical patterns, community of interest, and geographical size in a consistent way. In considering justifications for variations of population in electoral districts, the Commission determined that the large rural electoral districts should be treated roughly the same because of the geographic size factor, and that the urban electoral districts in and around Halifax should have populations somewhat higher than the electoral quota because of the greater ease of representation due to population concentration.
All eleven (11) of the proposed electoral districts fall within a variance of ±10 percent or a seat entitlement of .91 to 1.1. The most populous electoral district of Halifax East, is 9.68 percent above the electoral quota and the least populous electoral district, Central Nova, is 8.95 percent below the electoral quota. In Schedule "D", the Commission presents proposed electoral districts which it believes will achieve fair and effective representation for the people of Nova Scotia.
Proposed New Electoral Districts and Names
Schedule "D" attached hereto presents the proposed eleven (11) electoral districts together with the population of each electoral district.
Schedule "E" attached hereto contains a description of the boundaries of the proposed eleven (11) electoral districts which are illustrated on the maps accompanied herewith.
If You Intend to Make a Representation to the Commission
Interested parties will have the opportunity to make representations to the Commission at advertised public hearings now scheduled at the times and places set out herein under the heading Notice of Sittings. The Commission is precluded by the Act from hearing any party desiring to make a representation who has not given notice in accordance with subsection 19(5) of the Act, which reads as follows:
Notices must be received no later than September 4, 2002, and should be addressed to:
Notices may also be submitted electronically by completing the required form on-line at www.elections.ca. Simply go to Federal Representation 2004, click on Federal Electoral Boundaries Commissions, locate the Province and then click on Public Hearings.
Notice of Sittings
The Commission is required by the Act to hold sittings to hear representations by interested parties in respect of the recommended changes in the boundaries of the electoral districts. For this purpose the Commission is scheduled to sit at the following places and times:
Rules
The Commission has made rules for regulating its proceedings and for the conduct of its business pursuant to section 18 of the Act. These rules are set out in Schedule "F" hereto.
Dated at Halifax, this 18th day of June, 2002.
JUSTICE F. B. WILLIAM KELLY
Chairman
Federal Electoral Boundaries Commission
for the Province of Nova Scotia
SCHEDULE "A"
Current Federal Electoral Districts based on the Representation Order of 1996, with population based on the 2001 census.
| Electoral District | Population 2001 | Percentage from Electoral Quota of 82,546 | Seat Entitlement |
|---|---|---|---|
| Bras d'Or—Cape Breton | 70,879 | -14.13 | 0.86 |
| Cumberland—Colchester | 81,912 | -0.77 | 0.99 |
| Dartmouth | 82,899 | +0.43 | 1.00 |
| Halifax | 82,518 | -0.03 | 1.00 |
| Halifax West | 106,372 | +28.86 | 1.29 |
| Kings—Hants | 99,379 | +20.39 | 1.20 |
| Pictou—Antigonish—Guysborough | 76,370 | -7.48 | 0.93 |
| Sackville—Musquodoboit Valley—Eastern Shore | 87,394 | +5.87 | 1.06 |
| South Shore | 75,545 | -8.48 | 0.92 |
| Sydney—Victoria | 76,575 | -7.23 | 0.93 |
| West Nova | 68,164 | -17.42 | 0.83 |
| Total Population | 908,007 | 11.00 |
SCHEDULE "B"
2001 Census Population Figures by Nova Scotia Counties, with seat entitlements.
County |
Population 2001 |
Seat Entitlement |
|---|---|---|
| Annapolis | 21,773 | 0.26 |
| Antigonish | 19,578 | 0.24 |
| Cape Breton | 109,330 | 1.32 |
| Colchester | 49,307 | 0.60 |
| Cumberland | 32,605 | 0.39 |
| Digby | 19,548 | 0.24 |
| Guysborough | 9,827 | 0.12 |
| Halifax | 359,183 | 4.35 |
| Hants | 40,513 | 0.49 |
| Inverness | 19,937 | 0.24 |
| Kings | 58,866 | 0.71 |
| Lunenburg | 47,591 | 0.58 |
| Pictou | 46,965 | 0.57 |
| Queens | 11,723 | 0.14 |
| Richmond | 10,225 | 0.12 |
| Shelburne | 16,231 | 0.20 |
| Victoria | 7,962 | 0.10 |
| Yarmouth | 26,843 | 0.32 |
| Totals | 908,007 | 11.00 |
SCHEDULE "C"
2001 Census Population Figures by Groupings of Nova Scotia Counties, with seat entitlements.
| Counties | Population 2001 | Seat Entitlement |
|---|---|---|
| Cape Breton, Victoria, Inverness, Richmond | 147,454 | 1.79 |
| Pictou, Antigonish, Guysborough | 76,370 | 0.92 |
| Cumberland, Colchester | 81,912 | 0.99 |
| Halifax | 359,183 | 4.35 |
| Yarmouth, Digby, Annapolis, Kings, Hants | 167,543 | 2.03 |
| Shelburne, Queens, Lunenburg | 75,545 | 0.92 |
| Totals | 908,007 | 11.00 |
SCHEDULE "D"
Proposed Federal Electoral Districts for the Province of Nova Scotia, with populations based on the 2001 census.
| Electoral District | Population 2001 | Percentage from Electoral Quota of 82,546 | Seat Entitlement |
|---|---|---|---|
| Cape Breton—Canso | 75,171 | -8.93 | 0.91 |
| Central Nova | 75,160 | -8.95 | 0.91 |
| Cumberland—Colchester | 81,912 | -0.77 | 0.99 |
| Dartmouth—Cole Harbour | 89,335 | +8.22 | 1.08 |
| Halifax | 89,330 | +8.22 | 1.08 |
| Halifax East | 90,540 | +9.68 | 1.1 |
| Halifax West | 87,683 | +6.22 | 1.06 |
| Kings—Hants | 87,105 | +5.52 | 1.06 |
| South Shore | 75,545 | -8.48 | 0.92 |
| Sydney—Victoria | 79,344 | -3.88 | 0.96 |
| West Nova | 76,882 | -6.86 | 0.93 |
| Totals | 908,007 | 0 | 11.00 |
SCHEDULE "E"
Proposed Boundaries and Names of Electoral Districts
There shall be in the Province of Nova Scotia eleven (11) electoral districts, named and described as set out below, each of which shall return one member.
In the following descriptions:
The population figure of each electoral district is derived from the 2001 decennial census.
1. CAPE BRETON—CANSO
(Population: 75,171)
(Map 1)
Consisting of:
2. CENTRAL NOVA
(Population: 75,160)
(Map 1)
Consisting of:
3. CUMBERLAND—COLCHESTER
(Population: 81,912)
(Map 1)
Consisting of the counties of Cumberland and Colchester.
4. DARTMOUTH—COLE HARBOUR
(Population: 89,335)
(Map 2)
Consisting of that part of the County of Halifax described as follows: commencing at the intersection of Windmill Road and Albro Lake Road; thence northeasterly along Albro Lake Road to Lancaster Drive; thence southeasterly along said drive to Woodland Avenue; thence northerly along said avenue and Highway 118 (Lakeview Drive) to the Highway 107 overpass; thence northeasterly and southeasterly along Highway 107 (Forest Hills Parkway) to Highway 7 (Main Street); thence easterly along said highway to Ross Road; thence southerly along said road to Highway 207; thence easterly along Highway 207 to the Little Salmon River; thence generally southerly along said river into Cole Harbour; thence generally southeasterly along Cole Harbour, and the Atlantic Ocean to a point at latitude 44°35'00" N and longitude 63°22'00" W; thence southwesterly in a straight line to a point in Halifax Harbour at latitude 44°32'00" N and longitude 63°29'00" W; thence generally northwesterly along Halifax Harbour (passing on the west of McNabs Island and the east of Georges Island) to a point in Halifax Harbour at latitude 44°40'11" N and longitude 63°35'40" W; thence northeasterly in a straight line to the point of commencement.
5. HALIFAX
(Population: 89,330)
(Map 2)
Consisting of:
6. HALIFAX EAST
(Population: 90,540)
(Map 2)
Consisting of:
7. HALIFAX WEST
(Population: 87,683)
(Map 2)
Consisting of that part of the County of Halifax lying westerly of a line described as follows: commencing at the intersection of the limit between the counties of Halifax and Hants with Highway 101; thence southeasterly along said highway to the Beaverbank Connector; thence southwesterly along the southwestern projection of the Beaverbank Connector to the Sackville River; thence generally southeasterly along said river to the northeastern limit of the former Town of Bedford (as it existed on March 31, 1996); thence generally southeasterly along the various courses of the northeastern limit of said town to the Canadian National Railway; thence southwesterly along said railway to Wrights Brook; thence generally southerly along said brook into Wrights Cove and the Bedford Basin; thence southwesterly to a point in the Bedford Basin at latitude 44°41'26" N and longitude 63°37'53" W; thence southerly to the southernmost extremity of Fairview Cove; thence southerly in a straight line to the intersection of the Bedford Highway (Highway 2) with Kempt Road; thence southeasterly along said highway to Main Avenue; thence southwesterly along said avenue to Dunbrack Street; thence generally southeasterly along said street to Bicentennial Drive (Highway 102); thence westerly along said drive to Highway 103; thence southwesterly along said highway to Saint Margaret's Bay Road (Highway 3); thence southeasterly along said road to Prospect Road; thence southeasterly in a straight line to the northwestern extremity of Long Lake; thence southeasterly along said lake to the mouth of an unnamed stream running into Long Lake (near the southwestern limit of Long Lake Regional Park); thence southerly in a straight line to Old Sambro Road (Highway 306) at Prospect Brother Road; thence southerly along Old Sambro Road (Highway 306) to Fish Brook; thence generally southeasterly along said brook and the north shore of Governors Lake to the northeasternmost extremity of said lake; thence northeasterly in a straight line for approximately 1.5 km to the most southernmost extremity of Long Pond; thence generally northerly and southeasterly along Long Pond, the stream connecting Long Pond and West Pine Island Pond, West Pine Island Pond, The Neck and Gully, Powers Pond to the northernmost extremity of Powers Pond; thence northeasterly in a straight line to the intersection of Purcells Cove Road (Highway 253) and Holy Stone On The Sea Road; thence easterly in a straight line to a point in Halifax Harbour at latitude 44°34'36" N and longitude 63°31'08" W; thence generally southeasterly along said harbour to the Atlantic Ocean.
8. KINGS—HANTS
(Population: 87,105)
(Map 1)
Consisting of:
9. SOUTH SHORE
(Population: 75,545)
(Map 1)
Consisting of the counties of Shelburne, Queens and Lunenburg.
10. SYDNEY—VICTORIA
(Population: 79,344)
(Map 1)
Consisting of:
11. WEST NOVA
(Population: 76,882)
(Map 1)
Consisting of:
SCHEDULE "F"
RULES
Federal Electoral Boundaries Commission for the Province of Nova Scotia
The Federal Electoral Boundaries Commission for the Province of Nova Scotia makes the following rules under and by virtue of section 18 of the Electoral Boundaries Readjustment Act, R.S.C. 1985, c. E-3.
1. These rules may be cited as the "Rules of the Federal Electoral Boundaries Commission for the Province of Nova Scotia, 2002".
2. In these rules:
3. Unless the Commission decides otherwise, only one person or a designated spokesperson shall be heard in the presentation of a representation at a sitting.
4. A person giving notice shall state therein at which of the places designated in the advertisement such person wishes to make representation, the official language in which it is to be made, and special needs they may have.
5. If a person giving notice fails to comply with the provisions of Rule 4, the secretary shall ascertain from such person the place at which such person wishes to appear to make a representation and the official language in which it is to be made.
6. Rules 4 and 5 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 7, to cancel a sitting at any place if it appears that no one will make a representation at the sitting at that place.
7. If it appears to the Commission that no one will make a representation at any place designated by the advertisement as a place of sitting, the Commission may cancel the sitting at such place.
8. Two members of the Commission shall constitute a quorum for the holding of a sitting.
9. If a quorum cannot be present at a sitting, the Commission may provide for the hearing of representation by one member of the Commission pursuant to section 18 of the Act, or may postpone the sitting to a later date.
10. The secretary shall inform any person who has given notice, but has not been heard, of a postponement. Public advertisement of a postponement may also be given by the chairman or the Commission by such means as he or it considers adequate.
11. When the hearing of a representation cannot be completed within the time allotted, the Commission may adjourn the sitting to a later date at the same or another place.
12. 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.
13. The Commission shall have the power to waive any procedural requirement where the Commission deems there to be a defect in form and not in substance.



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