Procedure

The delimitation procedure is governed by An Act respecting elections and referendums in municipalities (AERM). Here is an overview of the steps that must be followed.

Compliance

Municipalities having less than 20,000 inhabitants that choose to divide their territories into electoral districts are first required to pass a by-law in compliance with chapters III and IV of Title 1 of the Act respecting elections and referendums in municipalities. This by-law id made public, and a copy is transmitted to the CRE.

The compliance by-law must be in force during the second calendar year preceding the year in which a general election must be held. The compliance is not irrevocable.

Delimitation of electoral districts

The municipal council is responsible for dividing the territory into districts. The number of electoral districts in a municipality is set out in section 9 of the Act. Except in the case of a special authorization, this number varies from 6 to 90 districts depending on the size of the municipality.

The districts must be delimited in such a manner as to ensure fair and balanced representation of the electors. In such regard, the Act sets out in section 12 that the number of electors per district in municipalities with 20,000 inhabitants or more must not be more than 15% above or below the average number of electors per district. The permitted percentage for municipalities having a population of under 20,000 is 25%.

The delimitation into electoral districts must be guided by geographic, demographic and socioeconomic criteria. To the extent possible, an electoral map must take into consideration the population’s attachment to its community.

Draft by-law to be passed

The municipal council must adopt a resolution to pass a by-law dividing the municipal territory into electoral districts after January 1 of the calendar year preceding that in which a general election must be held. The draft by-law must be published in a newspaper circulated in the territory of the municipality.

Objection to draft by-law

The population may manifest its disagreement by objecting in writing to the draft by-law, within fifteen days following publication of the notice.

Case of no objection to the draft by-law

If the draft-by-law is not challenged, the municipality passes it and transmits a copy to the CRE. Where the by-law complies with the percentages permitted by the Act, the municipality may bring it into force on the forty-fifth day following its transmission to the CRE, unless the municipality is informed in the meantime that the Commission does not propose any amendment to the draft by-law.

Where the by-law does not comply with the numerical criterion enacted by the Act, the CRE may approve or refuse the by-law and, in the event of a refusal, the municipality must begin the delimitation process again.

Case of objection to the draft by-law

If the draft by-law is challenged by an equal or greater number of opponents than set out in the Act, the municipal council holds a public meeting during which the opponents may express their views.

Thereafter, the municipal council adopts a division by-law and publishes it in a newspaper circulated in the territory of the municipality.

Except in cases where an objection is made to the CRE, the by-law follows the same course as an unchallenged draft by-law.

Objection presented to the CRE

Citizens who are still not satisfied with the delimitation may object again by means of a petition or letter addressed to the CRE within fifteen days following publication of the by-law.

If sufficient objections are received, the CRE must hold a public meeting to hear the representations of the electors, interested organizations and the municipality.

The CRE then renders a final decision.

Passage of the by-law

The division by-law must be passed prior to June 1 of the year preceding that in which a general election must be held. It must come into force prior to November 1 of the same year.

No division by-law

Should a municipality fail to act, the CRE may itself divide a territory into electoral districts and bring a division by-law into force.