BILL NO. 25

(as introduced)

3rd Session, 62nd General Assembly
Nova Scotia
65 Elizabeth II, 2016

Private Member's Bill

Citizen Ballot Initiative Act

Andrew Younger
Dartmouth East

First Reading: October 18, 2016

Second Reading:

Third Reading:

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Citizen Ballot Initiative Act.

2 (1) In this Act,

(a) "application" means an application for the issuance of a initiative petition;

(b) "eligible signatory" means an elector whose name appears on the final list of electors prepared following the most recent election held in the electoral district in which the elector resides;

(c) "initiative expenses" means all expenses incurred during the period commencing with the certification of an initiative petition and concluding at the end of the day on the election day when the initiative vote is held, for the purpose of advocating in favour of or against the legislative proposal that is the subject of the initiative vote;

(d) "initiative petition" means a petition to have a bill to enact a legislative proposal introduced in the Assembly in accordance with this Act;

(e) "initiative vote" means a referendum on a legislative proposal that was the subject of a certified initiative petition.

(2) Except as otherwise provided in this Act, words and expressions used in this Act have the same meaning as in Section 2 of the Elections Act.

3 (1) An eligible signatory may apply to the Chief Electoral Officer for the issuance of an initiative petition.

(2) An application must

(a) be made in a form provided by the Chief Electoral Officer;

(b) include the name, signature and residential address of the applicant and no fewer than twenty additional eligible signatories;

(c) include a legislative proposal that, if enacted, would not be inconsistent with the Constitution of Canada;

(d) state a yes/no question to be put to electors in respect of the legislative proposal; and

4 (1) Within 15 days of receiving an application, the Chief Electoral Officer shall

(a) approve or reject the application;

(b) notify the applicant in writing of the approval or rejection; and

(c) where the application is approved,

(i) issue an initiative petition to the applicant, and

(ii) post on the Elections Nova Scotia website the question to be put to electors in respect of the legislative proposal to which the initiative petition relates.

(2) The Chief Electoral Officer shall approve any application that complies with subsection 3(2) and reject any application that does not comply with that subsection.

(3) Where the Chief Electoral Officer rejects an application, the notice of rejection given to the applicant must specify the reasons for the rejection.

5 Each page of an initiative petition must include the question to be put to electors in respect of the legislative proposal to which the petitions relates.

6 (1) An individual must be an eligible signatory to sign an initiative petition.

(2) An individual may sign any one initiative petition only once.

7 (1) An initiative petition must

(a) be submitted to the Chief Electoral Officer within 18 months from the date on which it was issued; and

(b) be signed by at least 10% of the total number of eligible signatories in the Province.

(2) To be counted for the purpose of subsection (1)(b), a signature on the initiative petition must be accompanied by the residential address of the individual who signed and must be witnessed by the individual who canvassed for the signature.

(3) For the purpose of subsection (1)(b), the total number of eligible signatories is to be calculated as of the date on which the initiative petition was issued.

8 (1) Within 45 days from the day on which the initiative petition is submitted to the Chief Electoral Officer, the Chief Electoral Officer shall determine whether the petition satisfies the requirements of Section 7.

(2) Where the initiative petition satisfies the requirements of Section 7, the Chief Electoral Officer shall certify the petition and hold an initiative vote.

(3) Upon certifying an initiative petition, the Chief Electoral Officer shall publish

(a) notice of the certification in the Royal Gazette and on the website of Elections Nova Scotia; and

(b) a copy of the certified petition, including the signatures, on the website of Elections Nova Scotia.

(4) Subject to subsection (5), the initiative vote must coincide with the next general election to occur after the Chief Electoral Officer certifies the initiative petition.

(5) Where the Chief Electoral Officer certifies the initiative petition during a general election, the initiative vote must coincide with the following general election.

9 Where two or more initiative petitions that, in the opinion of the Chief Electoral Officer, contain contradictory legislative proposals have been certified and are to be the subject of initiative votes at the next general election, the Chief Electoral Officer shall hold a single initiative vote on the legislative proposals in the manner prescribed by the regulations.

10 An initiative vote must be conducted in accordance with the regulations.

11 (1) An initiative association may be registered in accordance with the regulations for the purpose of advocating in favour of or against the legislative proposal that is the subject of an initiative vote.

(2) Sections 234 to 258 of the Elections Act, as modified by the regulations, apply to the making of contributions to an initiative association, the receipt and disclosure of contributions by an initiative association and the issuance of tax receipts by an initiative association.

(3) An initiative association shall comply with the regulations when advocating in favour of or against a legislative proposal and when incurring initiative expenses.

(4) The initiative expenses incurred by an initiative association must not exceed the amount prescribed by the regulations.

12 No person, other than an initiative association, shall incur initiative expenses during the period commencing with the certification of the initiative petition and concluding at the end of the day on the election day when the initiative vote is held.

13 The Chief Electoral Officer shall declare an initiative vote to be successful if more than 50% of the electors in the Province casting a ballot vote in favour of the legislative proposal.

14 (1) At the earliest practicable opportunity after the Chief Electoral Officer declares an initiative vote to be successful, the Premier or a member of the Executive Council designated by the Premier shall introduce a bill to implement the legislative proposal.

(2) A bill referred to in subsection (1) must provide that it comes into force no later than 90 days after it receives Royal Assent.

15 (1) Where a bill introduced under subsection 14(1) is enacted as a statute, no member of the Executive Council shall, within 10 years of its enactment, introduce a bill to repeal that statute or to amend that statute in such a way as to derogate from the purpose of the statute as enacted.

(2) Subsection (1) does not apply to the introduction of a bill being introduced as a consequence of a subsequent successful initiative vote.

16 (1) A person who contravenes this Act is guilty of an offence and liable on summary conviction to a fine of not more than $5,000.

(2) A person who contravenes the regulations is guilty of an offence and liable on summary conviction to the penalty prescribed by the regulations or, where no penalty is prescribed, to a fine of not more than $5,000.

17 (1) The Governor in Council may make regulations

(a) respecting advocacy by initiative associations in favour of or against legislative proposals and the incurring of initiative expenses by initiative associations;

(b) prescribing the amount that initiative expenses incurred by an initiative association must not exceed;

(c) prescribing conduct prohibited in the course of holding an initiative vote;

(d) prescribing penalties to which a person who contravenes the regulations is liable.

(2) Without limiting the generality of subsection (1), regulations made under that subsection may

(a) specify provisions of the Elections Act that apply; and

(b) adapt any of the provisions of the Elections Act with such changes as the regulations may provide.

(3) The exercise by the Governor in Council of the authority contained in subsection (1) is a regulation within the meaning of the Regulations Act.

18 (1) Subject to the approval of the Governor in Council, the Chief Electoral Officer may make regulations

(a) prescribing requirements applicable to applications for the issuance of an initiative petition;

(b) respecting the manner in which a single initiative vote is to be held in respect of two or more initiative petitions that, in the opinion of the Chief Electoral Officer, contain contradictory legislative proposals;

(c) respecting the conduct of initiative votes;

(d) respecting the registration of initiative associations;

(e) modifying the application of Sections 234 to 258 of the Elections Act for the purpose of subsection 11(2).

(2) Without limiting the generality of subsection (1), regulations made under that subsection may

(a) specify provisions of the Elections Act that apply; and

(b) adapt any of the provisions of the Elections Act with such changes as the regulations may provide.

(3) The exercise by the Chief Electoral Officer of the authority contained in subsection (1) is a regulation within the meaning of the Regulations Act.