A New Electoral Map for New Brunswick Final Report of the Electoral Boundaries and Representation Commission February 20, 2006 Electoral Boundaries Commission sur la délimitation and Representation des circonscriptions électorales Commission et la représentation A New Electoral Map for New Brunswick Final Report of the Electoral Boundaries and Representation Commission February 20, 2006 Electoral Boundaries Commission sur la délimitation and Representation des circonscriptions électorales Commission et la représentation Final Report of the Electoral Boundaries and Representation Commission February 20, 2006 2 Final Report of the Electoral Boundaries and Representation Commission 3 Final Report of the Electoral Boundaries and Representation Commission 4 Final Report of the Electoral Boundaries and Representation Commission Table of Contents Introduction……………………………………………………….……………………………………… .... 1 The Electoral Boundaries and Representation Act………………………………………………….………........ 1 Differences between the 1991-1993 Commission and the Current Commission………………...………….... 3 Analysis of the 2001 Census………………………………………………………………………… .............. 4 Preliminary Report…………………………………………………………………………….……………. 4 Methodology…………………………………………………………………...……………………………. 6 Central New Brunswick……………………………………………………………………………………… 8 Southeast New Brunswick………………………………………………………………………………….. .. 16 Southwest New Brunswick………………………………………………………………………………… ... 28 Northwest New Brunswick…………………………………………………………………………………. .. 36 Northeast New Brunswick…………………………………………………………………………................ 44 General Comments and Acknowledgements……………………………………………………………..…... 55 Table: Changes from the Preliminary Report to the Final Report……………………….………………........ 56 Table: Changes to be made to the Existing Electoral Districts as a Result of the Recommendations of the Commission……………………………………………….. 58 Appendix A – Legal Descriptions of Electoral Boundaries………………..………………………………...... 68 5 Final Report of the Electoral Boundaries and Representation Commission 6 Final Report of the Electoral Boundaries and Representation Commission Introduction Background On June 30, 2005, the Legislative Assembly of New Brunswick unanimously adopted the Electoral Boundaries and Representation Act. For the first time in the history of the Province, electoral redistribution will take place based on legislation. The Lieutenant-Governor-in-Council appointed the first Commission in accordance with the Act on July 28th, 2005. The appointments took effect on August 22, 2005. These appointments were the result of the unanimous recommendation of the Legislative Administrative Committee of the Legislative Assembly. The Legislative Administrative Committee was composed of representatives from all three political parties represented in the legislature. The composition of the Commission is as follows: Madam Justice Margaret Larlee of Fredericton, Co-chair Madam Justice Brigitte Robichaud of Moncton, Co-chair Mr. David Brown of Saint John, Commissioner Dr. Normand Carrier of Edmundston, Commissioner Dr. Richard Myers of Fredericton, Commissioner Mr. Réginald Paulin of Lamèque, Commissioner Ms. Pam Ward of the Metepenagiag First Nation, Commissioner The Commission held a series of public hearings throughout the Province in October 2005 and filed its preliminary report on November 21, 2005. A second round of public hearings was held in January 2006 in order to hear representations on the recommendations contained in the preliminary report of the Commission. The Electoral Boundaries and Representation Act The powers and duties of the Electoral Boundaries and Representation Commission are set out in the Electoral Boundaries and Representation Act that was adopted in June 2005. Here are the major characteristics of the Act: Electoral quotient The Act requires the Commission to calculate an electoral quotient. This is accomplished by taking the total population of New Brunswick at its last decennial census and dividing it by the total number of electoral districts. The Act stipulates that the number of electoral districts shall remain unchanged at 55. For the purpose of the current redistribution exercise, the applicable census is the 2001 Census. Therefore, the electoral quotient is calculated by dividing 729,498, being the total population of the Province at the 2001 Census by 55, the number of electoral districts. This generates an electoral quotient of 13,263. In accordance with the Act, the Commission is required to create 55 electoral districts that have a population as close as possible to this electoral quotient. Guiding principles The Act does permit the Commission to deviate from the electoral quotient by up to a ±10% margin based on the considerations enumerated in s. 12 of the Act that reads as follows: 12(1) Subject to subsections (2), (3) and (4), when dividing the Province into electoral districts, a Commission shall ensure that the population of each electoral district is as close as reasonably possible to the electoral quotient. 1 Final Report of the Electoral Boundaries and Representation Commission 12(2) A Commission may depart from the principle of voter parity as set out in subsection (1) in order to achieve effective representation of the electorate as guaranteed by section 3 of the Canadian Charter of Rights and Freedoms and based upon the following considerations: (a) communities of interest; (b) effective representation of the English and French linguistic communities; (c) municipal and other administrative boundaries; (d) the rate of population growth in a region; (e) effective representation of rural areas; (f) geographical features, including the following: (i) the accessibility of a region; (ii) the size of a region; and (iii) the shape of a region; and (g) any other considerations that the Commission considers appropriate. 12(3) If a Commission is of the opinion that it is desirable to depart from the principle of voter parity under subsection (2) when establishing an electoral district, the population of the electoral district shall deviate by no greater than 10% from the electoral quotient. 12(4) Notwithstanding subsection (3), if a Commission is of the opinion that it is desirable to depart from the principle of voter parity under subsection (2) when establishing an electoral district, in extraordinary circumstances the population of the electoral district may be more than 10% less than the electoral quotient. While taking these considerations into account, the population of each electoral district cannot exceed a population of 14,589. According to the Act, electoral districts may have a population of less than 11,937 only if the Commission is of the opinion that “extraordinary circumstances” exist. Hearings The Act requires the Commission to hold two sets of public hearings: one prior to the release of its preliminary report and a second one following its release in order to provide an opportunity for the general public to make representations on the recommendations contained in the preliminary report of the Commission. Reports As required by the Act, the preliminary report was filed within 90 days of the establishment of the Commission and the final report within 90 days after the filing of the preliminary report. The names of the electoral districts are based on geographic considerations. As prescribed in the Act, the recommendations of both the preliminary and the final reports included the division of the Province into 55 electoral districts, the boundary description of each as well as the name proposed for each electoral district. Objections to the final report Section 20 of the Act allows the Commission to receive written objections to the recommendations contained in its final report as long as these objections are signed by at least two members of the Legislative Assembly. Section 20 of the Act provides the necessary guidance on the filing of written objections: 20(1) Within 14 days after the final report of a Commission is filed with the Clerk of the Legislative Assembly under paragraph 19(3)(a), a written objection to the report may be submitted to the Commission stating the following: (a) the recommendation in the final report that is being objected to; (b) the reason for the objection; and (c) the manner in which it is proposed that the recommendation be amended. 2 Final Report of the Electoral Boundaries and Representation Commission In such a case, the Commission is required to consider those objections within the next 30 days and finalize its report with or without amendments. Adoption of the Final Report Once the final report is filed, the Lieutenant-Governor-in-Council shall make a regulation prescribing the boundary description and name for each electoral district in accordance with the recommendations contained in the final report of the Commission. According to s. 21(5) of the Act, the only amendments that may be made by the Lieutenant-Governor-in-Council to the regulation are the following: (a) on the recommendation of the Legislative Administration Committee of the Legislative Assembly, an amendment with respect to the name of an electoral district; and (b) an amendment to correct an error in the legal description of the boundary of an electoral district. The Right to Vote The Commission is mindful that the right to vote is enshrined in s.3 of the Canadian Charter of Rights and Freedoms. The scope of that right is defined by the Supreme Court of Canada in Reference Re Provincial Electoral Boundaries (Sask.), [1991] 2 S.C.R. 158; it is not voting power per se,