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Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
An Act to Amend the Elections Act
 
Legislature :
55
Session :
2
Bill No. :
7
Member :
Hon. Green
First Reading :
2004-12-3
Second Reading :
2004-12-8
Committee of the Whole :
2005-5-27
Amended :
Third Reading :
2005-5-27
Royal Assent :
2005-6-3
Download PDF :
  Bill 7         
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Text of Bill :
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:



1                           Subsection 5(5) of the Elections Act, chapter E-3 of the Revised Statutes of New Brunswick, 1973, is amended by striking out ", including revising officers, who shall, however, be appointed by the appropriate ex officio revising officer,".



2                           Subsection 51(1) of the Act is amended by striking out "or under the Controverted Elections Act or the Corrupt Practices Inquiries Act,".



3                           The Act is amended by adding after section 122 the following:



SETTING ASIDE AN ELECTION

122.1(1)       Within thirty days after an election writ has been returned under section 96, the following may apply to a judge of The Court of Queen's Bench of New Brunswick to have the election of a member set aside:



(a)               a person who had a right to vote at the election in the relevant electoral district, or



(b)               a person who was a candidate for election in the relevant electoral district.



122.1(2)       An application under subsection (1) may only be brought on the following grounds:



(a)               the member was not eligible to be a candidate for election to the Legislative Assembly;



(b)               the electoral procedures set out in this Act and the regulations were not properly followed in a manner that may have altered the outcome of the election;



(c)                the member or someone acting on the member's behalf contravened or failed to comply with a provision of this Act that is listed in Column I of Schedule B in a manner that may have altered the outcome of the election;



(d)               the member or someone acting on the member's behalf contravened or failed to comply with subsection 121(2) or section 377 of the Criminal Code (Canada) in a manner that may have altered the outcome of the election;



(e)                the member or someone acting on the member's behalf contravened or failed to comply with a provision of this Act that is listed in Column I of Schedule B and, having regard to the nature of the contravention or failure complained of and the degree of the member's personal involvement in or responsibility for it, the contravention or failure is sufficiently serious that the member's election ought to be set aside; or



(f)                the member or someone acting on the member's behalf contravened or failed to comply with subsection 121(2) or section 377 of the Criminal Code (Canada) and, having regard to the nature of the contravention or failure complained of and the degree of the member's personal involvement in or responsibility for it, the contravention or failure is sufficiently serious that the member's election ought to be set aside.



122.1(3)       A person who brings an application under this section shall notify the Chief Electoral Officer in writing as soon as practicable that he or she has done so.



122.1(4)       After hearing an application under this section, the judge may



(a)               dismiss the application, or



(b)               grant the application and make an order setting aside the member's election and declaring the member's seat vacant.



122.1(5)       A judge shall dispose of an application under this section within six months after the election writ has been returned under section 96 or as soon as practicable after that six month period.



122.1(6)       An order under paragraph (4)(b) shall come into effect when the period prescribed by law for appealing the order has expired without the order having been appealed.



122.1(7)       If an order under paragraph (4)(b) is appealed within the period prescribed by law for appealing the order, the appeal stays the operation of the order pending the outcome of the appeal.



122.1(8)       If the Court of Appeal dismisses an appeal of an order under paragraph (4)(b) or makes such an order in the first instance, the decision of the Court of Appeal shall come into effect when the period prescribed by law for appealing the decision has expired without the decision having been appealed.



122.1(9)       If a decision of the Court of Appeal referred to in subsection (8) is appealed within the period prescribed by law for appealing the decision, the appeal stays the operation of the decision pending the outcome of the appeal.



122.1(10)    An application under this section or the appeal of a decision of a judge under this section shall be conducted in accordance with the rules prescribed by regulation.



4                           The Act is amended by adding the following heading preceding section 128.1:



REGULATIONS



5                           Section 128.1 of the Act is amended by adding after paragraph (a) the following:



(a.1)          prescribing rules with respect to an application or an appeal under section 122.1,



Consequential amendments

6(1)                   The Controverted Elections Act, chapter C-21 of the Revised Statutes of New Brunswick, 1973, is repealed.



6(2)                   New Brunswick Regulation 83-2 under the Controverted Elections Act is repealed.



7(1)                   The Corrupt Practices Inquiries Act, chapter C-27 of the Revised Statutes of New Brunswick, 1973, is repealed.



7(2)                   New Brunswick Regulation 82-149 under the Corrupt Practices Inquiries Act is repealed.



Commencement

8                           This Act or any provision of it comes into force on a day or days to be fixed by proclamation.



EXPLANATORY NOTES



Section 1



A correction is made.



Section 2



Consequential amendment.



Section 3



New provisions.



Section 4



New heading.



Section 5



New regulation-making authority.



Section 6



Consequential repeal of the Controverted Elections Act and New Brunswick Regulation 83-2 under the Controverted Elections Act.



Section 7



Consequential repeal of the Corrupt Practices Inquiries Act and New Brunswick Regulation 82-149 under the Corrupt Practices Inquiries Act.



Section 8



Commencement provision.
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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
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