Bill 72 - An Act Respecting Elections New Brunswick

BILL 72

An Act Respecting Elections New Brunswick

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

Elections Act

1(1) Section 2 of the Elections Act, chapter E-3 of the Revised Statutes, 1973, is amended by repealing the definition “Supervisor”.

1(2) Section 5 of the Act is amended

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

5(1.1) The Lieutenant-Governor in Council shall appoint a Chief Electoral Officer for a term of not less than eight years and not more than ten years.

5(1.2) The Lieutenant-Governor in Council may re-appoint a Chief Electoral Officer for one additional term of not more than five years.

5(1.3) If the term of a Chief Electoral Officer expires

(a) during a general election, the term of the Chief Electoral Officer shall be extended by one hundred and eighty days, or

(b) during a by-election, the term of the Chief Electoral Officer shall be extended by sixty days.

5(1.4) The Lieutenant-Governor in Council may only remove the Chief Electoral Officer from office for cause.

(b) in subsection (2) by striking out “the salary” and substituting “the salary and benefits”;

5(3.01) The office of the Chief Electoral Officer shall be known as Elections New Brunswick or Elections N.B.

(d) in subsection (4)

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

(a) exercise general direction and supervision over the administrative conduct of elections, the administration of this Act and the administration of Elections New Brunswick,

(ii) by adding after paragraph (a) the following:

(a.1) develop educational and public awareness programs and material with respect to the Province’s electoral process,

(e) by adding after subsection (4) the following:

5(4.1) Before entering upon the exercise of his or her duties, the Chief Electoral Officer shall take an oath to well and truly perform the duties of the office.

5(4.2) The Speaker or the Clerk of the Legislative Assembly shall administer the oath referred to in subsection (4.1).

1(3) The heading “STAFF OF CHIEF ELECTORAL OFFICER” preceding section 6 of the Act is repealed and the following is substituted:

STAFF OF ELECTIONS NEW BRUNSWICK

1(4) Section 6 of the Act is repealed and the following is substituted:

Staff of Elections New Brunswick

6(1) The Lieutenant-Governor in Council shall appoint two Assistant Electoral Officers to the staff of Elections New Brunswick.

6(2) The Chief Electoral Officer may appoint such assistants, legal counsel, auditors and other employees to the staff of Elections New Brunswick as he or she considers necessary for the efficient carrying out of the powers and duties of the Chief Electoral Officer under this Act.

6(3) The Chief Electoral Officer and the staff of Elections New Brunswick may participate in and receive benefits under any health, life, disability or other insurance or superannuation plan available to employees within the public service, in accordance with the terms upon which the right to participate and receive benefits may from time to time be extended to the Chief Electoral Officer and the staff of Elections New Brunswick.

1(5) Section 7 of the Act is repealed and the following is substituted:

Assistant Electoral Officers

7(1) The Assistant Electoral Officers shall assist the Chief Electoral Officer in the performance of his or her duties.

7(2) In the absence or illness of the Chief Electoral Officer, on the failure of the Chief Electoral Officer to perform the duties of the office or if the office is vacant, the senior Assistant Electoral Officer shall act in the place of the Chief Electoral Officer and, while so acting, possesses the powers of and shall perform the duties of the Chief Electoral Officer.

7(3) For the purposes of subsection (2), the senior Assistant Electoral Officer is the Assistant Electoral Officer who has been appointed to that office for the longer period of time.

1(6) Section 8 of the Act is repealed and the following is substituted:

Oath of staff

8(1) Before entering upon the exercise of his or her duties, a person appointed under subsection 6(1) or (2) shall take an oath to well and truly perform the duties of his or her office.

8(2) The Chief Electoral Officer shall administer the oath referred to in subsection (1).

1(7) Section 133 of the Act is amended

(a) by repealing paragraph (2)(c) and substituting the following:

(c) establish, by a statement supported by an affidavit of its leader, that it has complied with section 47 of the Political Process Financing Act.

(b) by repealing subsection (3).

1(8) Section 141 of the Act is amended by striking out “, according to a certificate signed by the Supervisor and filed with the Chief Electoral Officer, fails to comply”.

1(9) The Act is amended by adding after section 146 the following:

RE-APPLICATION FOR REGISTRATION

Re-application for registration

146.1(1) A political party, district association or individual whose application for registration has been refused or whose registration has been cancelled may re-apply for registration after a period of sixty days from the time the previous application was refused or cancelled.

146.1(2) The Chief Electoral Officer shall register any political party, district association or individual that applies for registration under this section and satisfies the requirements for registration under this Act.

1(10) Section 151 of the Act is amended by striking out “at the office of the Chief Electoral Officer” and substituting “at the office of Elections New Brunswick”.

1(11) The heading “INFORMING SUPERVISOR OF POLITICAL FINANCING” preceding section 152 of the Act is repealed.

1(12) Section 152 of the Act is repealed.

1(13) Section 153 of the Act is repealed.

Political Process Financing Act

2(1) Subsection 1(1) of the Political Process Financing Act, chapter P-9.3 of the Acts of New Brunswick, 1978, is amended by repealing the definition “Supervisor” and substituting the following:

“Supervisor” means the Supervisor of Political Financing referred to in section 4 or a person who is delegated by the Supervisor under section 11; (Contrôleur)

2(2) Section 4 of the Act is repealed and the following is substituted:

Supervisor of Political Financing

4 The Chief Electoral Officer shall be the Supervisor of Political Financing under this Act.

2(3) Section 5 of the Act is repealed.

2(4) Section 6 of the Act is repealed.

2(5) Section 7 of the Act is repealed.

2(6) Section 8 of the Act is repealed.

2(7) Section 10 of the Act is amended

(a) in subsection (1) by striking out “including an Assistant Supervisor,”;

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

10(1.1) The Supervisor shall not appoint any of the following persons as staff under subsection (1):

(a) a member of the Legislative Assembly or of the Parliament of Canada;

(b) an official agent, a chief agent or an electoral district agent; or

2(8) Subsection 20(2) of the Act is amended by striking out “, the Chief Electoral Officer”.

2(9) Section 23 of the Act is amended by striking out “and the Chief Electoral Officer”.

2(10) Section 69 of the Act is amended

(a) in subsection (3) by striking out “filed with the offices of the Supervisor and the Chief Electoral Officer” and substituting “filed with the Chief Electoral Officer”;

(b) in subsection (4) by striking out “filed with the office of the Supervisor and the Chief Electoral Officer” and substituting “filed with the Chief Electoral Officer”;

(c) in subsection (5) by striking out “filed with the offices of the Supervisor and the Chief Electoral Officer” and substituting “filed with the Chief Electoral Officer”;

(d) in subsection (6) by striking out “filed with the offices of the Supervisor and the Chief Electoral Officer” and substituting “filed with the Chief Electoral Officer”.

2(11) Section 80 of the Act is amended

(a) in subsection (1) by striking out “and the Supervisor”;

(b) in subsection (3) by striking out “the Supervisor and”.

2(12) Subsection 88.1(1) of the Act is amended by striking out “an offence” and substituting “an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence”.

2(13) Schedule B of the Act is amended

(a) by striking out

59(1)...............	C
60(1)...............	C
62(1)...............	C
62(2)...............	C

(b) by striking out

88.1(1)...............

TRANSITIONAL

3(1) Notwithstanding the provisions of any Order of the Lieutenant-Governor in Council appointing the Chief Electoral Officer under the Elections Act, with respect to the person holding office as Chief Electoral Officer on the coming into force of this section, the Lieutenant-Governor in Council shall fix the term of his or her appointment at not less than eight years and not more than ten years.

3(2) The person referred to in subsection (1) may be reappointed as Chief Electoral Officer in accordance with subsection 5(1.2) of the Elections Act.

COMMENCEMENT

4(1) Subject to subsection (2), this Act or any provision of it comes into force on a day or days to be fixed by proclamation.

4(2) Subsections 1(1), (7) to (9), (11) to (13) and 2(1) to (11) come into force on April 1, 2008.

EXPLANATORY NOTES

Section 1

Elections Act

1) The existing provision is as follows:

“Supervisor” means the Supervisor appointed under the Political Process Financing Act; (Contrôleur)

(a) New provisions.

(b) The existing provision is as follows:

5(2) The Lieutenant-Governor in Council shall fix the salary of the Chief Electoral Officer.

(d)

i) The existing provision is as follows:

5(4) The Chief Electoral Officer shall

(a) exercise general direction and supervision over the administrative conduct of elections and the administration of this Act,

ii) New provision.

(e) New provisions.

3) New heading.

4) The existing provision is as follows:

6(1) The staff of the Chief Electoral Officer shall consist of

(a) an Assistant Electoral Officer appointed by the Lieutenant-Governor in Council, and

(b) such employees as are required by the Chief Electoral Officer to perform the duties of his office.

6(2) The salaries of the staff shall be fixed by the Lieutenant-Governor in Council.

5) The existing provision is as follows:

7 The Assistant Electoral Officer shall

(a) assist the Chief Electoral Officer in the performance of his duties, and

(b) in the absence or illness of the Chief Electoral Officer, or on his failure to perform his duties, or if the office is vacant, act in the place of the Chief Electoral Officer, and while so acting, he possesses the powers of and shall perform the duties of the Chief Electoral Officer.

6) The existing provision is as follows:

8 Before entering upon their duties the Chief Electoral Officer and all persons on his staff shall take an oath to well and truly perform the duties of their office.

(a) The existing provision is as follows:

133(2) A political party mentioned in paragraph 131(d) shall, in addition: ...

(c) establish, by a statement supported by the affidavit of its leader, that it has remitted to the Supervisor an amount equal to the value of all contributions collected or received by the party after the date of the coming into force of the Political Process Financing Act contrary to the provisions of that Act.

(b) The existing provision is as follows:

133(3) All amounts remitted to the Supervisor under paragraph (2)(c) shall be paid to the Minister of Finance and paid into the Consolidated Fund.

8) Consequential amendment.

9) New provision.

10) Consequential amendment.

11) A heading is repealed.

12) The existing provision is as follows:

152 The Chief Electoral Officer shall give immediate notice to the Supervisor of the registration of any political party, district association, independent candidate, official representative, deputy official representative, chief agent, official agent or electoral district agent, and the cancellation or variation of any such registration.

13) The existing provision is as follows:

153(1) Any political party, district association or individual whose application for registration has been refused or whose registration has been cancelled may re-apply for registration after a period of sixty days from the time his previous application was refused or cancelled.

153(2) The Chief Electoral Officer shall register any political party, district association or individual that applies for registration under this section and that otherwise satisfies the requirements for registration under this Act.

Section 2

Political Process Financing Act

1) The existing provision is as follows:

“Supervisor” means the Supervisor of Political Financing or an acting Supervisor of Political Financing appointed pursuant to this Act or a person who is delegated by the Supervisor under section 11; (Contrôleur)

2) The existing provision is as follows:

4(1) There shall be a Supervisor of Political Financing appointed by the Lieutenant-Governor in Council on the recommendation of the Legislative Assembly.

4(2) Unless his office sooner becomes vacant, the Supervisor holds office for a term of five years

(a) from the date of his appointment under subsection (1), or

(b) from the date of his appointment under section 6,

and if otherwise qualified, is eligible to be reappointed.

4(3) Notwithstanding the expiry of his term, the Supervisor shall remain in office until he is reappointed or replaced pursuant to this Act.

4(4) The Supervisor may resign his office by notice in writing addressed to the Speaker or, if there is no Speaker or the Speaker is absent from the Province, to the Clerk of the Legislative Assembly.

4(5) The Supervisor shall be paid such salary as is prescribed by the Lieutenant-Governor in Council.

4(6) The Supervisor and his staff may participate in and receive benefits under any health, life, disability or other insurance plan available to employees within the public service, in accordance with the terms upon which the right to participate and receive benefits may from time to time be extended to the Supervisor and his staff.

3) The existing provision is as follows:

5(1) On the recommendation of the Legislative Assembly the Lieutenant-Governor in Council may remove or suspend the Supervisor from office for cause or incapacity due to illness or any other cause.

5(2) When the Legislative Assembly is not in session, a judge of The Court of Queen’s Bench of New Brunswick may, upon an application by the Attorney General suspend the Supervisor from office for cause or incapacity due to illness or any other cause.

5(3) Where the Attorney General makes an application under subsection (2), the practice and procedure of The Court of Queen’s Bench of New Brunswick respecting application applies.

5(4) Where a judge of The Court of Queen’s Bench of New Brunswick suspends the Supervisor under subsection (2), that judge

(a) shall appoint an acting Supervisor to hold office until the suspension has been dealt with by the Legislative Assembly, and

(b) shall table a report of the suspension with the Speaker or Clerk of the Legislative Assembly within ten days following the commencement of the next ensuing session of the Legislative Assembly.

5(5) No suspension under subsection (1) or (2) shall continue beyond the end of the next ensuing session of the Legislative Assembly

4) The existing provision is as follows:

6(1) Where the office of Supervisor becomes vacant through death, resignation or removal, the Lieutenant-Governor in Council shall, subject to subsection (2), appoint a Supervisor on the recommendation of the Legislative Assembly.

6(2) Where

(a) the office of Supervisor becomes vacant through death, resignation or removal when the Legislative Assembly is in session but no recommendation is made by the Legislative Assembly before the close of that session,

(b) the office of Supervisor becomes vacant through death, resignation or removal when the Legislative Assembly is not in session, or

the Lieutenant-Governor in Council shall, after consultation with the Advisory Committee, appoint an acting Supervisor to hold office until such vacancy is filled or such suspension expires, but in any case, any appointment pursuant to this subsection ceases to be effective on the thirtieth day following the commencement of the next ensuing session of the Legislative Assembly.

5) The existing provision is as follows:

7(1) The Supervisor shall not be

(a) a member of the Legislative Assembly or of the Parliament of Canada,

(b) a person not eligible to vote under the Elections Act,

(d) an official representative or a deputy official representative,

and he shall not hold any public office other than office as Supervisor without prior approval in each particular case by the Legislative Assembly or by the Lieutenant-Governor in Council when the Legislature is not in session.

7(2) Subsection (1) applies to the members of the staff of the Supervisor appointed under section 10.

6) The existing provision is as follows:

8 Notwithstanding section 7, the Supervisor may be a judge appointed pursuant to the Provincial Court Act.

(a) The existing provision is as follows:

10(1) The Supervisor may appoint such assistants, including an Assistant Supervisor, legal counsel, auditors and other employees as he considers necessary for the efficient carrying out of his powers and duties under this Act.

(b) New provision.

8) to (11) Consequential amendments.

12) and (13) Corrections are made.

Section 3

Transitional provisions.

Section 4

Commencement provisions.