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1 Section 2 of the Legislative Assembly Act, chapter L-3 of the Revised Statutes, 1973, is repealed and the following is substituted: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”.
EXPLANATORY NOTES
Section 1
The existing provision is as follows:
2(1) The present and every future Legislative Assembly of this Province shall, subject to the provisions contained in subsection (2), continue for five years from the day of the issue of the writ for choosing the same, unless sooner dissolved by the Lieutenant-Governor; and no Legislative Assembly of this Province shall be affected by the demise of the Crown.
2(2) Unless sooner dissolved by the Lieutenant-Governor, the present and every future Legislative Assembly, if it is in session at the expiration of the term fixed by subsection (1), shall continue until prorogued by the Lieutenant-Governor, and for forty days thereafter and no longer.
Section 2 to 6
Consequential amendments.