Part V: Rules of Procedure for Public Hearings – New Brunswick
The following rules of procedure were adopted by the Commission under the authority of section 18 of the Act for regulating its proceedings and for the conduct of its business.
- In these rules:
Actmeans the Electoral Boundaries Readjustment Act, R.S.C. 1985, c. E-3, as amended;
advertisementmeans the advertisement or notice 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;
Commissionmeans the Federal Electoral Boundaries Commission for the Province of New Brunswick, established by proclamation dated November 1, 2021;
noticemeans a written notice of intention to make a representation in compliance with subsection 19(5) of the Act;
representationmeans a representation made, pursuant to subsection 19(5) of the Act, by a person with an interest in the geographic boundaries or in the name of one or more electoral districts in New Brunswick;
Secretarymeans the secretary of the Commission; and
sittingmeans a public hearing or sitting held for the hearing of representations in accordance with section 19 of the Act.
- The Commission will hear representations regarding any New Brunswick electoral district at any scheduled sitting that is not cancelled and will also accept any written representations that comply with the Act.
- Members of the public are not required to appear at a hearing to submit their written representations; however, where a written representation is received by the Secretary without notice of intention to appear at a sitting, the Secretary shall invite the person sending the representation to appear at an appropriate sitting.
- Any oral or written submission that is sent or presented to the Commission is deemed to be a public submission. As such, it will be accessible to the public upon request. The commission may publish the content of any submission in its reports or on its website.
- If no notice is received for a sitting, the Commission may cancel the sitting.
- Two members of the Commission shall constitute a quorum for the holding of a sitting to hear representations.
- If a quorum cannot be present or if, for any other valid reason, a hearing cannot be held as scheduled, or the representations cannot be completed within the allotted time, the Commission may postpone or adjourn that sitting to a later date.
- In the event that a sitting is cancelled, postponed or adjourned, a public notice shall be given by means deemed appropriate by the Commission, and the Secretary shall notify any person who has given notice and has not been heard.
- The Secretary shall give notice of the date, time and place of any new sitting to the interested persons. A public notice of the new sitting shall be given by means deemed appropriate by the Commission.
- In accordance with subsection 19(5) of the Act, no representation shall be heard by the Commission at any sitting 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.
- Any person, association or group who wishes to make a representation at a sitting will have only one designated spokesperson unless the Commission decides otherwise.
- The Commission may restrict the period for oral presentations where conditions so warrant.
- A person giving notice to make a representation shall indicate the official language in which it is to be made and accommodation needs he or she may have.
- The Commission shall have the power to waive any requirement it deems necessary in the public interest.
- Virtual Public Hearing. Given the pandemic situation and in hopes of increasing public participation, the Commission will hold a virtual public hearing. In addition to the rules applicable for in-person public hearings, the following procedures and requirements will apply for virtual public hearings:
- The link to the virtual public hearing is not public and is only shared with participants or observers who have registered with the Commission and to members of the media and is not to be shared.
- A moderator will manage the agenda, speaking time and microphones of the participants.
- Participants will have the option to share their screen.
- The use of a headset by presenters is recommended.
- In any matter of procedure not provided for by these rules or the Act, the Commission may give directions.
As stated earlier, we most sincerely welcome your views on this proposal. If you are unable to attend the public hearings, please feel free to use the other channels of communication mentioned above.
Dated at Edmundston, New Brunswick, this 2nd day of June, 2022.
The Honourable Madam Justice Lucie A. LaVigne, Chair
The Honourable Thomas Riordon, Deputy Chair
Dr. Conde Grondin, Member
Federal Electoral Boundaries Commission for the Province of New Brunswick