BILL 75
An Act to Amend the
Legislative Assembly Act
Her Majesty, by and with the advice and
consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 Section
2 of the Legislative Assembly Act, chapter L-3 of the Revised Statutes,
1973, is repealed and the following is substituted:
Dissolution of Legislative
Assembly
2(1) A Legislative Assembly of the Province
shall not be affected by the demise of the Crown.
2(2) The present and every future Legislative Assembly shall continue
until dissolved by the Lieutenant-Governor.
2(3) Nothing in this section affects the power of the Lieutenant-Governor
to prorogue or dissolve the Legislative Assembly at the Lieutenant-Governor’s
discretion.
2(4) Subject to the power of the Lieutenant-Governor
referred to in subsection (3), the Premier shall provide advice to
the Lieutenant-Governor that the Legislative Assembly be dissolved
and a provincial general election be held on the following dates:
(a) on Monday, September 27, 2010; and
(b) thereafter, on the fourth Monday
in September in the fourth calendar year following the ordinary polling
day for the most recently held provincial general election.
2(5) If the Premier is of the opinion that a Monday that would be
an ordinary polling day under subsection (4) is not suitable for that
purpose because it is in conflict with a day of cultural or religious
significance or a federal election, the Premier may choose an alternative
day in accordance with subsection (6) and shall provide advice to
the Lieutenant-Governor that the provincial general election be held
on that day.
2(6) The alternative day shall be one of the following:
(a) if the date of a provincial general
election under subsection (4) is not suitable because it is in conflict
with a day of cultural or religious significance, the Monday immediately
preceding or immediately following the Monday that would otherwise
be the day on which the provincial general election would be held;
or
(b) if the date of a provincial general
election under subsection (4) is not suitable because it is in conflict
with a federal election, the fourth Monday in August or the fourth
Monday in October in the fourth calendar year following the ordinary
polling day for the most recently held provincial general election.
2 Paragraph
19(5)(c) of the Act is amended
(a) in the
portion preceding subparagraph (i) by striking out “or ends
by the passage of time”;
(b) in subparagraph
(i) by striking out “or ending”.
3 Section
19.1 of the Act is amended
(a) by repealing
paragraph (a) and substituting the following:
(a) whether before or after the Legislative
Assembly is dissolved, the day before the day on which a member is
next elected to that office by the Legislative Assembly,
(b) in
paragraph (b) in the portion preceding subparagraph (i) by striking
out “or ends by the passage of time”;
(c) in paragraph
(c) in the portion preceding subparagraph (i) by striking out “or
ends by the passage of time”.
4 Section
25 of the Act is amended
(a) in subparagraph
(1.203)(b)(i) by striking out “or ending”;
(b) in
paragraph (3.3)(c)
(i) by striking out
the portion preceding subparagraph (i) and substituting the following:
(c) if the Assembly is dissolved, the
member of the Legislative Assembly who is the Leader of the Opposition
on the day of dissolution shall be deemed to remain as the Leader
of the Opposition until the earlier of
(ii) in subparagraph
(i) by striking out “or ending”.
5 Section
30.01 of the Act is amended
(a) by repealing subsection
(1) and substituting the following:
30.01(1) Notwithstanding that the Legislative Assembly has been dissolved,
a former member of that Legislative Assembly who offers for the provincial
election immediately following may be reimbursed for such of those
expenses described in section 4 of Schedule A, and subject to such
terms and conditions, as may be determined by the Legislative Administration
Committee, for the period from the day of dissolution of the Legislative
Assembly to the day before the polling day.
(b) by repealing subsection
(2) and substituting the following:
30.01(2) Notwithstanding that the Legislative Assembly has been dissolved,
a former member of that Legislative Assembly who does not offer for
the provincial election immediately following may be reimbursed for
such of those expenses described in section 4 of Schedule A, and subject
to such terms and conditions, as may be determined by the Legislative
Administration Committee, for the period from the day of the dissolution
of the Legislative Assembly to the last day of the month after the
month in which the polling day occurs.
(c) in subsection (4) by
striking out “or ending”.
6 Section
32.2 of the Act is amended
(a) in subsection (2.1)
by striking out “or is ended by the passage of time”;
(b) in subsection (3.1)
by striking out “or is ended by the passage of time”.