BILL 24

Referendum Act

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

1(1) Where the Lieutenant-Governor in Council considers that an expression of public opinion is desirable on any matter of public interest or concern, the Lieutenant-Governor in Council may order that a referendum be conducted in the manner provided for in this Act.

1(2) Where the Lieutenant-Governor in Council orders a referendum, the order shall

(a) state the question or questions that will be put to the electors on the referendum; and

(b) specify the date on which the referendum will be conducted.

2 Where a simple majority of the voters cast votes for the same response on the question submitted to referendum, including a simple majority determined after a recount if one is necessary, the result on that question is binding on the government that initiated the referendum.

3 The government that initiated the referendum shall take any steps within the competence of the government that it considers necessary or advisable to implement the binding result on the question submitted to referendum.

4 A person is entitled to vote on a referendum if the person qualifies as an elector under the Elections Act.

5 A referendum is to be conducted throughout New Brunswick unless the Lieutenant-Governor in Council

(a) directs that a local or regional referendum be conducted; and

(b) specifies the area in which the referendum is to be conducted.

6(1) The Lieutenant-Governor in Council shall announce the results of the referendum in a manner that the Lieutenant-Governor in Council considers will best inform the electorate of the results of the referendum.

6(2) The Minister to whom the administration of this Act is assigned shall report the results of the referendum to the Legislative Assembly as soon as practicable after the results are determined.

7 Where any part of a referendum occurs during an election, all expenditures incurred by a registered political party or a candidate to promote or oppose a question put to electors in the referendum are deemed to be election expenses for the purposes of the Political Process Financing Act.

8 The Lieutenant-Governor in Council may make regulations

(a) providing that specified provisions of the Elections Act apply to and in relation to a referendum under this Act;

(b) providing that specified provisions of the Municipal Elections Act apply to and in relation to a referendum under this Act;

(c) adapting any provisions of the Elections Act and the Municipal Elections Act with changes that the Lieutenant-Governor in Council considers appropriate;

(d) respecting any matter considered necessary or advisable to carry out the spirit and intent of this Act.

9 This Act comes into force on a day to be fixed by proclamation.