BILL NO. 60

(as introduced)

1st Session, 63rd General Assembly
Nova Scotia
66 Elizabeth II, 2017

Private Member's Bill

Municipal Government Act (amended)
and
Halifax Regional Municipality Charter (amended)

Claudia Chender
Dartmouth South

First Reading: October 24, 2017

(Explanatory Note)

Second Reading:

Third Reading:

This Bill amends the Municipal Government Act and the Halifax Regional Municipality Charter to establish a process for pregnant councillors to miss council and committee meetings for up to 52 weeks without permission or penalty.

Be it enacted by the Governor and Assembly as follows:

1 Chapter 18 of the Acts of 1998, the Municipal Government Act, is amended by adding immediately after Section 16 the following Sections:

16A (1) A councillor may declare a pregnancy by filing a letter, and the certificate of a duly qualified medical practitioner or midwife confirming the councillor's pregnancy, with the clerk.

(2) The clerk shall report a declaration of pregnancy received pursuant to subsection (1) to the council forthwith.

(3) Subsection 17(4) and subclause 23(1)(d)(v) do not apply to a councillor who is absent for 52 weeks or less if the absence is the result of the councillor's pregnancy.

(4) Notwithstanding subsection 17(4), a councillor who has made a declaration pursuant to subsection (1) may miss council and committee meetings for 52 weeks or less, starting from the date on which the clerk receives the written declaration, without seeking leave of the council and without any deduction from the councillor's annual remuneration.

16B A municipality's code of conduct may not restrict the ability of a councillor to be absent from council meetings due to pregnancy nor require a deduction from the councillor's remuneration for missing council or committee meetings due to pregnancy.

16C A council may make Sections 16A and 16B applicable for parental or for adoption absences with such modifications as may be necessary.

16D (1) A councillor who has made a declaration pursuant to subsection 16A(1) shall report the end of the pregnancy to the clerk.

(2) The clerk shall report the end of the pregnancy to the council.

2 Chapter 39 of the Acts of 2008, the Halifax Regional Municipality Charter, is amended by adding immediately after Section 13 the following Sections:

13A (1) A councillor may declare a pregnancy by filing a letter, and the certificate of a duly qualified medical practitioner or midwife confirming the councillor's pregnancy, with the Clerk.

(2) The Clerk shall report a declaration of pregnancy received pursuant to subsection (1) to the Council forthwith.

(3) Subsection 14(4) and subclause 20(1)(d)(v) do not apply to a councillor who is absent for 52 weeks or less if the absence is the result of the councillor's pregnancy.

(4) Notwithstanding subsection 14(4), a councillor who has made a declaration pursuant to subsection (1) may miss Council and committee meetings for 52 weeks or less, starting from the date on which the clerk receives the written declaration, without seeking leave of the council and without any deduction from the councillor's annual remuneration.

13B The Municipality's code of conduct may not restrict the ability of a councillor to be absent from Council meetings due to pregnancy nor require a deduction from the councillor's remuneration for missing Council or committee meetings due to pregnancy.

13C The Council may make Sections 13A and 13B applicable for parental or for adoption absences with such modifications as may be necessary.

13D (1) A councillor who has made a declaration pursuant to subsection 13A(1) shall report the end of the pregnancy to the Clerk.

(2) The Clerk shall report the end of the pregnancy to the Council.