|
|
|
Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
An Act to Amend the Municipal Elections Act
 
Legislature :
55
Session :
1
Bill No. :
28
Member :
Hon. Mr. Green
First Reading :
2004-3-31
Second Reading :
2004-4-2
Committee of the Whole :
2004-4-2
2004-4-7
Amended :
2004-4-7
Third Reading :
2004-4-8
Royal Assent :
2004-4-8
Download PDF :
  Bill 28         
Note :
See amendment at the end of the text of the Bill.
.........................................................................................................................................................................................................
Text of Bill :
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:



1                              Section 1 of the Municipal Elections Act, chapter M-21.01 of the Acts of New Brunswick, 1979, is amended



(a)               in the definition "election officer" by striking out "constable," and substituting "constable, special ballot officer,";



(b)               in the definition "mobile polling station" by striking out "treatment centres" and substituting "treatment centres or seniors' apartment complexes".



2                           The Act is amended by adding after section 3 the following:



3.01(1)                              Notwithstanding any provision of this Act, the Municipalities Act or the regulations under this Act, the Municipal Electoral Officer may authorize the use of voting equipment, vote counting equipment or any other alternative voting or vote counting method from that which is provided for in this Act.



3.01(2)          In order to facilitate the use of any equipment or method authorized under subsection (1), the Municipal Electoral Officer may



(a)                      modify any aspect of the electoral process that is provided for in this Act or the regulations under this Act,



(b)                      provide any necessary directions or equipment to a municipal returning officer, or



(c)                      modify any form, material or procedure to be used at the polls or returning office that is provided for in this Act or the regulations under this Act.



3.01(3)                              Notwithstanding subsection 22(2), if the Municipal Electoral Officer has authorized the use of any equipment or method under subsection (1), all election officers appointed in such circumstances shall be paid for their services according to a scale of fees recommended by the Municipal Electoral Officer and allowed by the Lieutenant-Governor in Council.



3                              Subsection 7(2) of the Act is amended by striking out "the municipal returning officers and all persons on their staff" and substituting "the municipal returning officers, all persons on their staff and special ballot officers".



4                              Section 11 of the Act is amended



(a)               in subsection (3) by striking out "mail" and substituting "deliver";



(b)               by repealing subsection (4).



5                              Subsection 12.1(2) of the English version of the Act is amended by striking out "Officer officer" and substituting "Officer".



6                              Subsection 13(2) of the Act is amended



(a)               by repealing paragraph (a);



(b)               by repealing paragraph (b).



7                              Subsection 15(3) of the French version of the Act is amended by striking out "Au, l'avis" and substituting "L'avis".



8                              Section 17 of the Act is amended



(a)               in subsection (2)



(i)         in paragraph (a) by adding "and" at the end of the paragraph;



(ii)       by repealing paragraph (b);



(b)               by repealing subsection (2.1) and substituting the following:



17(2.1)          The municipal returning officer, upon receiving a nomination paper in accordance with subsection (2), shall give to the person filing the nomination paper written confirmation of receipt of the nomination paper that shall be prima facie evidence that the candidate has been duly and regularly nominated.



(c)               by repealing subsection (2.2);



(d)               by repealing subsection (2.3);



(e)               by repealing subsection (2.4);



(f)                in subsection (4) by striking out "forty-eight hours before the opening of the poll" and substituting "5:00 p.m. on the thirteenth day before the day fixed for holding the poll".



9                              Paragraph 18(2)(d) of the Act is amended by striking out "constable," and substituting "constable, special ballot officer,".



10                              Subsection 21(4) of the French version of the Act is amended by striking out "n'entraine pas" and substituting "n'entraîne pas".



11                              Section 22 of the Act is amended



(a)               by repealing paragraph (1)(a.1);



(b)               by adding after subsection (1) the following:



22(1.1)          The Municipal Electoral Officer may appoint from among the entitled voters in each region for which a municipal returning officer has been appointed, supervisory deputy returning officers, each of whom may act as a poll supervisor for three or more polling stations in that region.



22(1.2)          The Municipal Electoral Officer may appoint from among the entitled voters in each region for which a municipal returning officer has been appointed, two or more special ballot officers for that region.



(c)               in subsection (2) by striking out "subsection (1)" and substituting "subsection (1), (1.1) or (1.2)".



12                              Section 22.1 of the Act is amended by striking out "information officer" and substituting "information officer, special ballot officer,".



13                              Section 23 of the English version of the Act is amended



(a)               in subsection (3) in the portion preceding paragraph (a) by striking out "An scrutineer" and substituting "A scrutineer";



(b)               in subsection (5)



(i)         in paragraph (a) by striking out "an scrutineer" and substituting "a scrutineer";



(ii)       in paragraph (b) by striking out "an scrutineer" and substituting "a scrutineer".



14                              Paragraph 27(d) of the Act is repealed.



15                              Section 28 of the Act is amended



(a)               by repealing subsection (5);



(b)               in subsection (6) by striking out "entitled to vote at an advance poll may do so unless he" and substituting "may vote at an advance poll unless he or she";



(c)               in subsection (6.1) of the French version by striking out "onformément" and substituting "conformément";



(d)               in paragraph (11)a) of the French version by striking out "l'eveloppe" and substituting "l'enveloppe";



(e)               in paragraph (17)(c) of the English version by striking out "deputy returning officer" and substituting "deputy returning officers".



16                              Paragraph 36(3)(a) of the Act is repealed and the following is substituted:



(a)                      presenting one or more documents of identification, excluding financial cards and credit cards, which shall provide the person's name, address and signature, or



17                              Section 37 of the Act is amended



(a)               in subsection (1) of the English version by striking out "an scrutineer" and substituting "a scrutineer";



(b)               in paragraph (5)a) of the French version by striking out "apparait" and substituting "apparaît".



18                              Section 38.1 of the Act is amended



(a)               in the portion preceding paragraph (a) by striking out "treatment centres" and substituting "treatment centres or seniors' apartment complexes";



(b)               by repealing paragraph (a) and substituting the following:



(a)               in consultation with the administrator or person appointed by each such facility, determine if a mobile polling station is required for taking the vote of the residents of the facility and, if such a determination is made, fix the hours on polling day when the poll will be taken at the facility, and



19                              Section 38.2 of the Act is amended



(a)               in subsection (1)



(i)         by repealing the portion preceding paragraph (a) and substituting the following:



38.2(1)          The deputy returning officer and poll clerk shall, on polling day, carry the ballot box, poll book, ballot papers and other necessary documents from room to room in the treatment centre or seniors' apartment complex and, in the discretion of the deputy returning officer, to a common area in the facility, to take the vote of residents of the facility who



(ii)       in paragraph (a) by striking out "the treatment centre" and substituting "the facility";



(iii)    in paragraph (b) by striking out "the treatment centre" and substituting "the facility";



(b)               in subsection (2) of the English version by striking out "in the treatment centre".



20                              Section 38.3 of the Act is amended



(a)               in paragraph (1)(d) by striking out "the treatment centre" and substituting "the facility";



(b)               by repealing subsection (2) and substituting the following:



38.3(2)                              Notwithstanding anything in section 23, the candidates and their scrutineers may accompany the mobile polling station if the administrator of or person appointed by the facility consents before polling day.



21                              Section 38.4 of the Act is repealed and the following is substituted:



38.4                  The ballots used at the taking of the poll at a treatment centre or seniors' apartment complex shall be the ballots being used for the election in the municipality in which the facility is located.



22                              Section 38.5 of the Act is repealed and the following is substituted:



38.5                  The administrator of or person appointed by a treatment centre or seniors' apartment complex shall on the close of the taking of the poll at the facility, endorse the poll book by signing it immediately under the last name in the poll book certifying that the people named in the poll book fulfilled the requirements of subsection 38.2(1).



23                              Section 38.6 of the Act is repealed and the following is substituted:



38.6                  The deputy returning officer shall, on the close of the taking of the poll at a treatment centre or seniors' apartment complex, sign the poll book immediately under the signature of the administrator of or person appointed by the facility.



24                        The Act is amended by adding after section 39 the following:



39.01(1)       In sections 39.1 to 39.3, if special ballot officers have been appointed for a region, "municipal returning officer" means a special ballot officer for that region.



39.01(2)                              Subsection (1) does not apply to paragraph 39.1(3)(d) and subsection 39.2(2).



25                              Section 39.1 of the Act is amended



(a)               in subsection (2) by striking out "subsections 39.3(4) or (5)" and substituting "subsection 39.3(4)";



(b)               in paragraph (3)(d) by striking out "and the certificate envelope".



26                              Subsection 39.2(2) of the Act is repealed and the following is substituted:



39.2(2)          A space for the signature of the municipal returning officer shall be printed on the back of ballot papers in a form prescribed by regulation.



27                              Section 39.3 of the Act is amended



(a)               by repealing subsection (4) and substituting the following:



39.3(4)          The sealed certificate envelope shall be returned to the municipal returning officer for the municipality in which the vote is to be counted no later than 8:00 p.m. on polling day.



(b)               by repealing subsection (5);



(c)               in subsection (8) by striking out "or (5)".



28                              Section 39.4 of the Act is amended



(a)               by repealing subsection (1) and substituting the following:



39.4(1)          Each municipal returning officer or special ballot officer, as the case may be, who, under the authority of subsection 39.3(4), is in possession of certificate envelopes containing ballots shall safeguard the certificate envelopes until polling day.



(b)               by adding after subsection (2) the following:



39.4(2.1)      If special ballot officers have been appointed for a region, for the purpose of carrying out the activities referred to in subsection (2), the municipal returning officer shall designate one special ballot officer to act as the deputy returning officer and one special ballot officer to act as the poll clerk.



(c)               in paragraph (4)(a) by striking out "the municipal returning officer" and substituting "the municipal returning officer or the special ballot officer, as the case may be".



29                              Subsection 40(6) of the English version of the Act is amended by striking out "An scrutineer" and substituting "A scrutineer".



30                              Section 41 of the Act is amended



(a)               in subsection (1) in the portion preceding paragraph (a) by striking out "deputy returning officer" and substituting "deputy returning officers";



(b)               in subsection (3) of the French version by striking out "paraîssant" and substituting "paraissant".



31                              Section 42 of the Act is amended



(a)               in paragraph (1)(a) by striking out "the deputy returning officer" and substituting "the municipal returning officer";



(b)               in subsection (2) by striking out "the deputy returning officer" and substituting "the municipal returning officer";



(c)               in subsection (3) by striking out "the sealed ballot box" and substituting "the sealed ballot boxes";



(d)               in subsection (5) by striking out "counted or rejected by the deputy returning officer, as the case may be" and substituting "that the deputy returning officers counted or rejected, as the case may be,";



(e)               in paragraph 11d) of the French version by striking out "barême" and substituting "barème";



(f)                in paragraph 12b) of the French version by striking out "barême" and substituting "barème".



32                              Section 47 of the French version of the Act is amended by striking out "apparait" and substituting "apparaît".



33                              Subsection 49(1) of the Act is amended by striking out "the deputy returning officer, the election clerk, a poll clerk," and substituting "a municipal returning officer, an election clerk, a supervisory deputy returning officer, a deputy returning officer, a poll clerk, an information officer, a special ballot officer,".



34                              Section 51 of the Act is amended in the portion preceding paragraph (a) by striking out "poll clerk" and substituting "poll clerk, special ballot officer".



35                              Paragraph 52(c) of the Act is amended by striking out "deputy returning officer or supervisory deputy returning officer" and substituting "deputy returning officer, supervisory deputy returning officer or special ballot officer".



36                              Subsection 53(3) of the French version of the Act is amended by striking out "comformément" and substituting "conformément".



Consequential Amendments

37(1)                              Subsection 36.3(6) of the Education Act, chapter E-1.12 of the Acts of New Brunswick, 1997, is repealed.



37(2)                              Subsection 36.31(2) of the Act is amended by striking out "paragraph 13(2)(a), (b) or (c)" and substituting "paragraph 13(2)(c)".



Commencement

38                        This Act shall be deemed to have come into force on April 2, 2004.



EXPLANATORY NOTES



Section 1



(a)                      Consequential amendment.



(b)                      Consequential amendment.



Section 2



New provision.



Section 3



Consequential amendment.



Section 4



(a)               The existing provision is as follows:



11(3)               The Municipal Electoral Officer shall, within ten days of commencing preparation of the preliminary lists, mail to all persons on a preliminary list notice, in a form prescribed by regulation, advising all persons of the polling division and polling station at which they are listed as entitled to vote in the event an election is held in that municipality.



(b)               The existing provision is as follows:



11(4)               If a triennial election is being conducted and the Municipal Electoral Officer is unable to contact persons on a preliminary list by mail, the Municipal Electoral Officer shall publish, post, transmit or otherwise convey the information relating to the election to persons on a preliminary list.



Section 5



A correction is made.



Section 6



The existing provisions are as follows:



13(2)               The following persons are not entitled to vote and shall not vote:



(a)               every person undergoing punishment as an inmate in a penal institution for the commission of any offence;



(b)               every person who is restrained of his liberty of movement, or deprived of the management of his property by reason of mental disease or infirmity;



Section 7



A correction is made.



Section 8



(a)(i)                      Consequential amendment.



(a)(ii)       The existing provision is as follows:



17(2)               The municipal returning officer shall not receive or act on a nomination paper unless ...



(b)               it is accompanied by a deposit,



(b)               The existing provision is as follows:



17(2.1)          The municipal returning officer shall not accept any deposit until after all the other steps necessary to complete the nomination of the candidate have been taken, and upon accepting a deposit shall give to the person by whom it is paid a receipt that shall be prima facie evidence that the candidate has been duly and regularly nominated.



(c)                The existing provision is as follows:



17(2.2)          Every deposit shall forthwith after its receipt be transmitted by the municipal returning officer to the Municipal Electoral Officer who shall transmit it to the Minister of Finance.



(d)               The existing provision is as follows:



17(2.3)          The sum deposited by a candidate shall be returned by the Minister of Finance in the event the candidate is elected or obtains a number of votes equal to at least one-half the number of votes polled in favour of any candidate elected who was a candidate for the same office, and if not so returned shall be paid into the Consolidated Fund of the Province.



(e)                The existing provision is as follows:



17(2.4)          In the case of the death of any candidate after being nominated and before the close of the polls, the amount deposited shall be returned to the personal representative of the candidate.



(f)                The existing provision is as follows:



17(4)               A candidate nominated may withdraw at any time not later than forty-eight hours before the opening of the poll by filing with the municipal returning officer a declaration in writing to that effect, signed by himself, and attested by the signatures of two qualified voters in the municipality, and any votes cast for a candidate who has so withdrawn are null and void.



Section 9



Consequential amendment.



Section 10



A correction is made.



Section 11



(a)                      Consequential amendment.



(b)               New provisions.



(c)                      Consequential amendment.



Section 12



Consequential amendment.



Section 13



Corrections are made.



Section 14



The existing provision is as follows:



27                        The municipal returning officer shall furnish each deputy returning officer with the following: ...



(d)               a copy of this Act and the regulations;



Section 15



(a)               The existing provision is as follows:



28(5)               The privilege of voting at the advance poll extends only to a person entitled to vote who



(a)               has reason to believe that on polling day he will be absent from the municipality,



(b)               is physically incapacitated and would have difficulty by reason of such incapacity to vote on polling day, or



(c)                is an officer appointed under subsection 22(1).



(b)                      Consequential amendment.



(c)                A correction is made.



(d)               A correction is made.



(e)                A correction is made.



Section 16



The existing provision is as follows:



36(3)                              Where the name of a person proposing to vote is not on the voters list for the polling station, the person may have his or her name added to the voters list by taking an oath before the deputy returning officer or supervisory deputy returning officer in the form prescribed by regulation, and



(a)                      presenting two documents of identification, excluding financial cards and credit cards, one of which must include the person's name and signature and one of which must include the person's name and address, or



Section 17



Corrections are made.



Section 18



The existing provisions are as follows:



38.1                  For each triennial election the Municipal Electoral Officer shall determine if there are any treatment centres in each municipality and, if so, shall



(a)               in consultation with the administrator of or person appointed by each treatment centre, determine the number of mobile polling stations to be established and fix the hours on polling day when the poll will be taken at each treatment centre, and



Section 19



Consequential amendments.



Section 20



Consequential amendments.



Section 21



Consequential amendment.



Section 22



Consequential amendment.



Section 23



Consequential amendment.



Section 24



New provision.



Section 25



Consequential amendments.



Section 26



The existing provision is as follows:



39.2(2)                              Ballot papers shall have printed on the back thereof, as in the form prescribed by regulation,



(a)               a space for the signature of the municipal returning officer, and



(b)               the name of the municipality.



Section 27



(a)               The existing provision is as follows:



39.3(4)                              Subject to subsection (5), the sealed certificate envelope shall be returned to the municipal returning officer for the municipality in which the vote is to be counted no later than eight o'clock in the afternoon of the third day before polling day.



(b)               The existing provision is as follows:



39.3(5)                              Where a voter is admitted to a public hospital during the period that falls within the third day before polling day and forty-eight hours before the closing of the poll, the certificate envelope may be returned to the municipal returning officer of the municipality in which the vote is to be counted no later than forty-eight hours before the closing of the poll.



(c)                      Consequential amendment.



Section 28



(a)                      Consequential amendment.



(b)               New provision.



(c)                      Consequential amendment.



Section 29



A correction is made.



Section 30



Corrections are made.



Section 31



Corrections are made.



Section 32



A correction is made.



Section 33



Consequential amendment.



Section 34



Consequential amendment.



Section 35



Consequential amendment.



Section 36



A correction is made.



Section 37



Consequential amendments to the Education Act.



Section 38



Commencement provision.
Amendment :Section 2

In subsection 3.01(1) by striking out "the Municipal Electoral Officer" and substituting "the Lieutenant-Governor in Council, on the recommendation of the Municipal Electoral Officer".

Section 2

In subsection 3.01(3) by striking out "if the Municipal Electoral Officer has authorized" and substituting "if the Lieutenant-Governor in Council has authorized".
.........................................................................................................................................................................................................
Legend
* Private Bill
** Bill referred to Standing Committee on Law Amendments
+ Private Member's Public Bill
++ Motion for second reading defeated
+++ Debate at second reading adjourned
DISCLAIMER