BILL NO. 139

(as introduced)

2nd Session, 62nd General Assembly
Nova Scotia
64 Elizabeth II, 2015

Government Bill

Municipal Elections Act
(amended)

The Honourable Zach Churchill
Minister of Municipal Affairs

First Reading: November 27, 2015

(Explanatory Notes)

Second Reading: December 1, 2015

Third Reading: December 11, 2015 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)

Clause 1 amends the residence qualification applicable to electors to require that they

(a) be 18 years of age or older and a Canadian citizen on the first advance polling day in an election;

(b) be ordinarily resident in Nova Scotia for 6 months before the first advance polling day; and

(c) be ordinarily resident in the municipality, or in an area annexed thereto, and to have been so since immediately before the first advance polling day.

Clause 2 provides that a record of a person's refusal to be enumerated must not be included in any list of electors, including the amended list of electors provided to candidates for office.

Clause 3 expands the scope of a cross-reference.

Clause 4

(a) requires that the amendments made by revising officers to the preliminary lists of electors be consolidated with the preliminary lists into a single list;

(b) allows the returning officer to amend the list of electors in the same manner as a revising officer could;

(c) requires that the amended list of electors be sent for printing;

(d) removes the requirement that the list of electors be kept at the returning officer's headquarters; and

(e) makes the provisions of the Act that relate to the duties of a revising officer, the amendment of the list of electors and the correction of errors in the list of electors applicable to the returning officer when the returning officer is exercising the powers and discharging the duties of a revising officer.

Clause 5 repeals provisions relating to the final list of voters and a provision respecting the validity of a list of electors which is being moved to a different location in the Act.

Clause 6 requires that a candidate be nominated by five people whose names appear on the amended list of electors rather than the final list of electors.

Clause 7 requires that a candidate or the candidate's official agent be provided with the amended list of electors entitled to vote for the office for which the candidate is nominated rather than the final lists of such electors.

Clause 8 clarifies that all candidates must file a disclosure statement, regardless of whether any contributor's contributions exceeded $50 during the period since the previous election.

Clause 9 provides for the creation of a revised list of electors and for the division of a polling division into two or more polling stations if the revised list of electors for the polling division contains the names of more than 700 electors.

Clause 10 changes a reference to the list of electors provided to a candidate from the final list of electors to the amended lists of electors.

Clause 11

(a) removes the requirement for the face of the ballot paper to be used in an election to be printed in black; and

(b) gives the returning officer the discretion to determine the form of the ballot paper.

Clause 12 changes references to the list of electors provided to each deputy returning officer from the final list of electors to the revised list of electors.

Clause 13

(a) changes the beginning of the period during which the returning officer may issue a proxy paper to the day after nomination day;

(b) clarifies which iteration of the list of electors is being referred to in Section 76 of the Act; and

(c) removes references to a certificate of eligibility which is no longer being issued under the Act.

Clause 14 allows a deputy returning officer to return a voter's marked ballot paper to the voter for deposit in the ballot box.

Clause 15 updates a reference to a list of electors from the final list of electors to the revised list of electors.

Clause 16

(a) clarifies which iteration of the list of electors is being referred to in Section 94 of the Act; and

(b) removes a reference to a certificate of eligibility which is no longer being issued under the Act.

Clause 17 updates references to a list of electors from the final list of electors to the revised list of electors.

Clause 18

(a) updates references to a list of electors from the final list of electors to the revised list of electors; and

(b) removes the requirement for a person whose name is not on the final list of electors to produce evidence of identification and residence when voting on ordinary polling day.

Clause 19

(a) provides for the creation of a final list of electors;

(b) requires that lists of electors only be used for election purposes and not be open for inspection, disposed of or sold; and

(c) relocates a provision respecting the validity of a list of electors.

Clause 20 updates a reference to a list of electors from the final list of electors to the revised list of electors.

Clause 21

(a) updates references to a list of electors from the final list of electors to the revised list of electors; and

(b) removes the requirement for a person whose name is not on the final list of electors to produce evidence of identification and residence when voting on an advance polling day.

Clause 22 requires that a final list of electors be given by a municipality to the Chief Electoral Officer for the Province within 60 days of ordinary polling day and allows the municipality to give the final list of electors to the Chief Electoral Officer of Canada and to a village.

Clause 23

(a) makes the secretary of a school board subject to the same requirements respecting the retention of materials and documents following a school board election as the clerk of a municipality is subject to following other municipal elections; and

(b) adds disclosure statements to the list of materials and documents that must be retained.

Clause 24

(a) provides that a by-law authorizing voters to vote by mail, electronically or by another voting method may provide for the appointment and duties of an auditor to audit and monitor the performance of the system of voting;

(b) removes a reference to a provision that is being repealed; and

(c) requires such an auditor to take an oath before entering into the duties of the office.

Clauses 25 and 26 improve the clarity of the Act by

(a) relocating language creating an offence out of Section 156 to Section 155; and

(b) revising Section 156 to be a stand-alone penalty provision that sets out the penalties for one who commits any offence under the Act for which no penalty is otherwise set out.

Clause 27 provides that this Act comes into force on April 15, 2016.

Be it enacted by the Governor and Assembly as follows:

1 Section 14 of Chapter 300 of the Revised Statutes, 1989, the Municipal Elections Act, as amended by Chapter 26 of the Acts of 1994, is further amended by

(a) striking out "ordinary" in the second line of clause (a) and substituting "the first advance";

(b) striking out "ordinary" in clause (b) and substituting "the first advance";

(c) striking out "and" at the end of clause (b); and

(d) striking out clause (c) and substituting the following clauses:

2 (1) Subsection 29A(3) of Chapter 300, as enacted by Chapter 26 of the Acts of 1994, is amended by striking out ", the preliminary list of electors or the final" in the second and third lines and substituting "or any".

(2) Subsection 29A(4) of Chapter 300, as enacted by Chapter 26 of the Acts of 1994, is amended by

(a) striking out "final" in the third line and substituting "amended"; and

(b) striking out "subsection (1) of" in the last line.

3 Subsection 30B(5) of Chapter 300, as enacted by Chapter 9 of the Acts of 2000, is amended by striking out "Sections 98 and 123" in the last line and substituting "this Act".

4 (1) Subsection 38(1) of Chapter 300, as amended by Chapter 9 of the Acts of 2003, is further amended by adding "a list of electors consisting of" immediately after "with" in the third line.

(2) Subsection 38(2) of Chapter 300, as amended Chapter 5 of the Acts of 2003 (Second Session), is further amended by striking out clauses (a) and (b) and substituting the following clauses:

(3) Section 38 of Chapter 300, as amended by Chapter 9 of the Acts of 2003 and Chapter 5 of the Acts of 2003 (Second Session), is further amended by adding immediately after subsection (2) the following subsection:

5 Sections 39 to 41A of Chapter 300 are repealed.

6 (1) Subsection 43(1) of Chapter 300 is amended by striking out "final" in the third line and substituting "amended".

(2) Subsection 43(2) of Chapter 300, as amended by Chapter 9 of the Acts of 2003, is further amended by striking out "final" in the third line and substituting "amended".

(3) Subsection 43(3) of Chapter 300 is amended by striking out "final" in the third line and substituting "amended".

7 Subsection 48(1) of Chapter 300 is amended by striking out "final lists of all" in the sixth line and substituting "amended list of".

8 (1) Subsection 49A(8) of Chapter 300 is repealed and the following subsections substituted:

(2) Subsection 49A(12) of Chapter 300, as enacted by Chapter 9 of the Acts of 2003, is amended by striking out "regular" in the second line and substituting "ordinary".

9 Chapter 300 is further amended by adding immediately after Section 50 the following Sections:

10 Subsection 51(3) of Chapter 300, as amended by Chapter 9 of the Acts of 2003 and Chapter 46 of the Acts of 2007, is further amended by striking out "final list" in the fourth line and substituting "amended lists".

11 (1) Subsection 66(4) of Chapter 300 is amended by striking out "with the face of the ballot paper printed in black ink and" in the first and second lines.

(2) Section 66 of Chapter 300, as amended by Chapter 26 of the Acts of 1994 and Chapter 5 of the Acts of 2003 (Second Session), is further amended by adding immediately after subsection (4) the following subsection:

12 Subsection 68(1) of Chapter 300 is amended by striking out "final" in the fourth line of clause (a) and the first line of clause (f) and substituting in each case "revised".

13 (1) Subsection 76(1) of Chapter 300, as amended by Chapter 26 of the Acts of 1994 and Chapter 9 of the Acts of 2003, is further amended by

(a) striking out "that the final list of electors is certified" in the first and second lines and substituting "after nomination day";

(b) adding "amended" immediately after "the" in the second line of subclause (c)(i); and

(c) striking out "or have a certificate of eligibility" in the second, third and fourth lines of subclause (c)(i).

(2) Subsection 76(2) of Chapter 300, as enacted by Chapter 26 of the Acts of 1994 and amended by Chapter 9 of the Acts of 2003, is further amended by

(a) striking out "or the number of the elector's certificate of eligibility" in the second line of clause (b); and

(b) striking out "or the number of the proxy voter's certificate of eligibility" in the third line of clause (d).

14 Subsection 85(2) of Chapter 300 is amended by striking out "deposit the ballot paper in the ballot box" in the second last line and substituting the following clauses:

15 Subsection 92(1) of Chapter 300, as amended by Chapter 5 of the Acts of 2003 (Second Session) and Chapter 46 of the Acts of 2007, is further amended by striking out "final" in the third and in the fifth lines and substituting in each case "revised".

16 Clause 94(a) of Chapter 300, as amended by Chapter 9 of the Acts of 2003, is further amended by

(a) adding "revised" immediately after "the" in the second line; and

(b) striking out "or the number of the certificate of eligibility" in the second line.

17 Section 97 of Chapter 300 is amended by striking out "final" in the first line of clause (a), the first line of clause (b) and the second line of clause (d) and substituting in each case "revised".

18 (1) Subsection 98(1) of Chapter 300 is amended by striking out "final" in the first line and substituting "revised".

(2) Subsection 98(2) of Chapter 300 is repealed.

(3) Subsection 98(3) of Chapter 300, as enacted by Chapter 9 of the Acts of 2000, is amended by striking out "final" in the third line and substituting "revised".

19 Chapter 300 is further amended by adding immediately after Section 114 the following Sections:

20 Section 122 of Chapter 300 is amended by striking out "final" in the first line and substituting "revised".

21 (1) Subsection 123(1) of Chapter 300 is amended by striking out "final" in the first line and substituting "revised".

(2) Subsection 123(3) of Chapter 300 is repealed.

(3) Subsection 123(4) of Chapter 300, as enacted by Chapter 9 of the Acts of 2000, is amended by striking out "final" in the fourth line and substituting "revised".

22 Chapter 300 is further amended by adding immediately after Section 140 the following Section:

23 Section 141 of Chapter 300, as amended by Chapter 68 of the Acts of 2011, is further amended by

(a) adding "or the secretary of a school board" immediately after "clerk" in the second line; and

(b) adding ", disclosure statements" immediately after "sheets" in the third line.

24 (1) Subsection 146A(3) of Chapter 300, as enacted by Chapter 9 of the Acts of 2003 and amended by Chapter 46 of the Acts of 2007, Chapter 24 of the Acts of 2008 and Chapter 68 of the Acts of 2011, is further amended by

(a) adding immediately after clause (cc) the following clause:

and

(b) striking out "41A," in the second line of clause (d).

(2) Section 146A of Chapter 300, as enacted by Chapter 9 of the Acts of 2003 and amended by Chapter 46 of the Acts of 2007, Chapter 24 of the Acts of 2008 and Chapter 68 of the Acts of 2011, is further amended by adding immediately after subsection (3) the following subsection:

25 Subsection 155(1) of Chapter 300, as amended by Chapter 9 of the Acts of 2003, is further amended by

(a) striking out "or" at the end of clause (c);

(b) striking out the comma at the end of clause (d) and substituting a semicolon;

(c) adding immediately after clause (d) the following clause:

and

(d) striking out "and is liable to a fine of not more than two thousand five hundred dollars and in default of payment thereof to imprisonment for a term of not more than six months" in the last four lines.

26 Section 156 of Chapter 300, as amended by Chapter 24 of the Acts of 2008, is further amended by

(a) striking out "contravenes any of the provisions of this Act or a by-law made pursuant to this Act," in the first and second lines and substituting "is guilty of an offence under this Act"; and

(b) striking out ", is guilty of an offence and on summary conviction is liable" in the third and fourth lines and substituting "is liable on summary conviction".

27 This Act has effect on and after April 15, 2016.