Rules – Manitoba

Summary of Rules

The Commission operates under the Act and performs a task that requires transparency and fairness. To facilitate these objectives, the Commission has chosen to make rules governing sittings for the hearing of representations as provided for in section 18 of the Act.

To support participation by the public, the Commission is offering this summary of the rules. The rules themselves, however, remain the definitive statement of how the hearing process will be conducted.

Individuals and organizations interested in presenting at a Commission hearing, whether in person or online, must give the proper notice to the Secretary to the Commission no later than 23 days after the notice of the times and places for the public sittings has been published in the Canada Gazette and newspaper media. The dates will also be published on the website and social media.

The Commission plans to hold two of its hearings online via videoconference technology. Both presenters to, and observers of, these hearings must register in advance with the Secretary to the Commission.

A moderator will manage the online hearings, to ensure smooth and fair proceedings. For more detail on the technical requirements for participation and the procedures to follow, please consult the rules that follow.

To avoid inconvenience and unnecessary cost, hearings may be cancelled if there are three or fewer presenters scheduled to appear. When hearings are cancelled, the Commission will make alternative arrangements to hear from any presenters who wished to appear.

The Chair will decide the order of presentations at hearings. If all presentations cannot be completed within the allocated time for a hearing, the Chairperson may carry the proceedings over to a second hearing.

In the interest of transparency and fairness, written submissions will be posted on the website of the Commission.

We encourage prospective presenters to review the guide to participation found on the website for the Commission at redecoupage-redistribution-2022.ca.

Questions for clarification can be directed to the Secretary to the Commission at the contact information provided in the rules.

Hearing of Representations

Under and by virtue of the powers conferred by the Electoral Boundaries Readjustment Act, R.S.C. 1985, c. E-3, specifically section 18, and of all other powers enabling it, the Federal Electoral Boundaries Commission for the Province of Manitoba makes the following rules.

1. These rules may be cited as the Federal Electoral Boundaries Commission for the Province of Manitoba (Hearing of Representations) Rules 2022.
2. In these rules:
   1. Act means the Electoral Boundaries Readjustment Act, R.S.C. 1985, c. E-3;
   2. advertisement means the advertisement published in accordance with subsection 19(2) of the Act, giving notice of the times and places of sittings to be held for the hearing of representations;
   3. Chair includes the deputy chair;
   4. Commission means the Federal Electoral Boundaries Commission for the Province of Manitoba, established on November 1, 2021 by Order In Council 2021-0953 and proclaimed in the Canada Gazette on November 24, 2021;
   5. map means the map published with the advertisement showing the proposed division of the province into electoral districts;
   6. 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 and the name proposed to be given to each electoral district;
   7. Secretary means the Secretary to the Commission; and
   8. sitting means a sitting held for the hearing of a representation in accordance with section 19 of the Act and includes sittings conducted by teleconference and videoconference.
3. Sittings shall be held and representations shall be made in a manner established by the Commission from time to time.
4. 1. All persons wishing to make a representation to the Commission at any sitting must notify the secretary of the Commission in writing within twenty-three (23) days from the date of the publication of the last advertisement, stating:
      1. the name and address of the person by whom the representation is sought; and
      2. the concise statement of the nature of the representation and of the interest of such person.
   2. The person signing the notice shall also state at which one of the places named in the advertisement they wish their representation to be heard.
5. Any person wishing to make a representation to the Commission shall advise the Secretary in writing of their official language preference and special needs they may have.
6. If, when the notice in writing of a representation is received by the Secretary, the person signing the notice has not stated the place at which they wish their representation to be heard, the Secretary shall, in writing, ask that person at which one of the places set out in the advertisement they wish to be heard.
7. Notwithstanding anything contained in these rules, a person who has given notice of intention to make a representation and who has indicated a desire to be heard at one of the places specified in the advertisement may, with the consent of the Commission, or the Chair of the Commission, be heard at any other sitting specified in the advertisement.
8. At each sitting, the Commission shall decide the order in which representations are to be heard.
9. Having regard for issues surrounding the pandemic and the increased expectation from the public with regard to online services, the Commission will hold one or more virtual public hearings, depending on the utility and the demand. In addition to the principles to be applied to in-person public hearings, the following procedures and requirements apply to virtual public hearings:
   1. the link to the virtual public hearing will be made available only to participants and observers who have registered with the Commission and to members of the media, who are not to share the link further;
   2. a moderator will manage the agenda, the allotted speaking times and the microphones of the participants;
   3. participants will have the option to share their screens;
   4. the use of headsets by presenters is recommended;
   5. presenters may choose to participate by phone;
   6. simultaneous translation will be available, if requested.
10. 1. Two members of the Commission shall constitute a quorum for the holding of a sitting to hear representations.
    2. If it appears to the Chairperson of the Commission that a quorum cannot be present at a sitting at any place named in the advertisement, or for any other valid reason, the Chairperson may postpone that sitting to a later date, and the Secretary shall advise any person who has given notice of their intention to make representations to the Commission that the Commission will hear their representation at the later date named.
11. If the hearing of a representation cannot be completed within the time allowed, the Chairperson may adjourn the sitting to a later date.
12. To avoid inconvenience and unnecessary costs, the Commission may, at its discretion, cancel a sitting when there are three or fewer representations duly scheduled.
13. The Commission may hear an oral representation by conference call or videoconference with the consent of the person wishing to make a representation.
14. The Commission shall have the power to waive any requirement that it deems necessary in the public interest.
15. All questions or communications to the Commission shall be addressed to:

Federal Electoral Boundaries Commission for Manitoba
Cargill Grain Building
240 Graham Avenue, Suite 210
Winnipeg, Manitoba
R3C 0J7