BILL 35

Referendum Act

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

Definitions

1 The following definitions apply in this Act.

“Chief Electoral Officer” means the Chief Electoral Officer appointed under section 5 of the Elections Act. (directeur général des élections)

“returning officer” means a returning officer appointed under the Elections Act or a municipal returning officer appointed under the Municipal Elections Act. (directeur du scrutin)

“qualified elector” means (personne ayant qualité d’électeur)

(a)  if a referendum is held in conjunction with a provincial general election, a person entitled to vote under the Elections Act,

(b)  if a referendum is held in conjunction with quadrennial elections under the Municipalities Act, a person entitled to vote under the Municipal Elections Act, and

(c)  if a referendum is held on a date that does not coincide with an election referred to in paragraphs (a) and (b), a person entitled to vote under the Municipal Elections Act.

“referendum” means a referendum ordered to be held under this Act. (référendum)

Administration

2(1) The Chief Electoral Officer shall do the following:

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

(b)  enforce fairness, impartiality and compliance with this Act in the conduct of a referendum;

(c)  issue to election officers the instructions he or she considers necessary to ensure effective execution of this Act; and

(d)  perform such other duties or exercise such powers as may be prescribed by this Act or the regulations.

2(2) Despite any provision of this Act or the regulations, the Chief Electoral Officer may direct the use of a procedure with respect to voting procedures or the counting of ballots at a referendum.

2(3) A directive made under subsection (2) shall be published as soon as practicable on the Elections New Brunswick website.

2(4) The Regulations Act does not apply to a directive prescribed by the Chief Electoral Officer under this section.

Laying referendum question before Legislative Assembly

3(1) Subject to subsection (2), a member of the Executive Council may lay a referendum question before the Legislative Assembly for consideration if it is then sitting, and if not, when it next sits.

3(2) A referendum question may only be laid before the Legislative Assembly under subsection (1) if the referendum question is accompanied by a certificate in writing by the Attorney General stating that the implementation of the result of the referendum will not require the government to take any action that could detract from, remove or deny a right or freedom protected under the Canadian Charter of Rights and Freedoms, the Human Rights Act, the Official Languages Act and An Act Recognizing the Equality of the Two Official Linguistic Communities in New Brunswick.

Wording of referendum question

4(1) A referendum question shall be worded so that each qualified elector may express an opinion on the question by making a mark after the word “yes” or “no” on the ballot paper.

4(2) At least three days before a member of the Executive Council lays a referendum question before the Legislative Assembly under section 3, the member shall

(a)  provide a copy of the referendum question to the leaders of each political party registered under section 133 of the Elections Act, and

(b)  consult with the leaders referred to in paragraph (a) regarding the text of the referendum question.

Consideration of referendum question

5(1) If a referendum question is laid before the Legislative Assembly under section 3, a committee of the Legislative Assembly appointed on motion by a member of the Executive Council shall consider the text of the referendum question and any issues related to the referendum question.

5(2) A committee referred to in subsection (1) may seek input from the public and hear from expert witnesses in fulfilling its mandate under this section.

5(3) A committee referred to in subsection (1) shall prepare and submit to the Legislative Assembly a report concerning the wording of the referendum question, including any suggested amendments or additions to the wording of the referendum question, and any issues related to the referendum question within 21 days after the committee is appointed.

Adoption of referendum question

6(1) Following a review of the report referred to in subsection 5(3), the Legislative Assembly may on motion by a member of the Executive Council adopt a referendum question, which motion shall include the text of the referendum question and the certificate of the Attorney General referred to in subsection (2).

6(2) A motion under subsection (1) may only be introduced if the motion is accompanied by a certificate in writing by the Attorney General stating that the implementation of the result of the referendum will not require the government to take any action that could detract from, remove or deny a right or freedom protected under the Canadian Charter of Rights and Freedoms, the Human Rights Act, the Official Languages Act and An Act Recognizing the Equality of the Two Official Linguistic Communities in New Brunswick.

Order for referendum

7(1) If a referendum question has been adopted by the Legislative Assembly under section 6, the Lieutenant-Governor in Council may order that a referendum be held in accordance with this Act to obtain the opinion of qualified electors with regard to a matter of public interest or concern that the Lieutenant-Governor in Council considers to be of exceptional importance.

7(2) An order under subsection (1) shall be made no later than 59 days before the referendum is held.

7(3) An order made under subsection (1) shall include the following:

(a)  the referendum question adopted by the Legislative Assembly in accordance with section 6;

(b)  a certificate from the Attorney General stating that the implementation of the result of the referendum will not require the government to take any action that could detract from, remove or deny a right or freedom protected under the Canadian Charter of Rights and Freedoms, the Human Rights Act, the Official Languages Act and An Act Recognizing the Equality of the Two Official Linguistic Communities in New Brunswick;

(c)  the date on which the referendum is to be held; and

(d)  whether the referendum is to be held in conjunction with a provincial general election, quadrennial elections under the Municipalities Act or on a separate date.

Timing of referendum

8(1) A referendum shall be held in conjunction with one of the following:

(a)  a provincial general election; or

(b)  quadrennial elections under the Municipalities Act.

8(2) Despite subsection (1), if the Lieutenant-Governor in Council considers it necessary, a referendum may be held on a date that does not coincide with an election referred to in subsection (1).

8(3) If a referendum is held in accordance with subsection (2), the date on which the referendum is held shall be within six months after the referendum question is adopted by the Legislative Assembly under section 6.

Qualified electors

9 Only a qualified elector shall be entitled to vote at a referendum.

Provision of information to qualified electors

10 At least 42 days before the date on which the referendum will be held, the Chief Electoral Officer shall cause to be mailed to each qualified elector whose name is recorded in the register of electors established and maintained by the Chief Electoral Officer under the Elections Act

(a)  the referendum question adopted by the Legislative Assembly, and

(b)  any other information that, in the opinion of the Chief Electoral Officer, is required to properly administer the referendum.

Announcement of official result

11(1) On receiving the appropriate information concerning the number of votes cast and the revisions to the list of qualified electors from each returning officer, the Chief Electoral Officer shall determine the total number of votes cast for each answer to the referendum question and the total percentage of qualified electors that cast ballots in the referendum.

11(2) As soon as practicable after making the determinations under subsection (1), the Chief Electoral Officer shall declare the official result of the referendum and deliver the result to the Speaker of the Legislative Assembly who shall lay the result before the Legislative Assembly as soon as practicable.

Result of referendum binding

12 If more than 50% of the ballots validly cast in a referendum are cast for the same response to the referendum question and at least 50% of all qualified electors cast votes in the referendum, the result is binding on the government that initiated the referendum.

Obligation of government to act

13(1) If the official result of a referendum is binding, the government that initiated the referendum shall take any action within the competence of the government that it considers necessary or advisable to implement the binding result, including

(a)  changing programs or policies,

(b)  introducing new programs or policies, and

(c)  introducing legislation in the Legislative Assembly during the first session following the referendum.

13(2) Despite any other provision of this Act, a government that is subsequent to the government that initiated the referendum and formed by another political party is not bound by the result on the referendum question but may take any steps within the competence of the government that it considers necessary or advisable to implement the result of the referendum.

Committee to make recommendations

14(1) If the official result of a referendum is binding, a committee of the Legislative Assembly may be appointed on motion by a member of the Executive Council to consider and make recommendations on the result of the referendum.

14(2) A committee referred to in subsection (1) may seek input from the public and hear from expert witnesses in fulfilling its mandate under this section.

14(3) If a committee is appointed under subsection (1), the committee shall prepare and submit a report to the Legislative Assembly concerning recommendations on the result of the referendum within 90 days after the committee is appointed.

Report of Chief Electoral Officer

15(1) Within 180 days after the date on which the referendum is held, the Chief Electoral Officer shall file with the Speaker of the Legislative Assembly a report on the referendum that includes the following information:

(a)  if a referendum is held on a date that does not coincide with an election referred to in subsection 8(1), the cost of administering the referendum;

(b)  any matter respecting the administration of the referendum that, in the opinion of the Chief Electoral Officer, the Legislative Assembly should consider; and

(c)  any proposed amendments to this Act that, in the opinion of the Chief Electoral Officer, are necessary for the better administration of this Act or a referendum under this Act.

15(2) A qualified elector may submit to the Chief Electoral Officer a written complaint respecting the conduct of a referendum or a written statement respecting proposed amendments to this Act.

15(3) The Chief Electoral Officer may include in a report referred to under subsection (1) a written complaint or statement submitted under subsection (2) or a portion or summary of such a complaint or statement.

15(4) The Speaker of the Legislative Assembly shall lay the report referred to in subsection (1) before the Legislative Assembly as soon as practicable.

Costs of administering referendum

16 The costs of administering a referendum shall be paid from the Consolidated Fund.

Adopted provisions

17(1) If a referendum is held in conjunction with a provincial general election, the provisions of the Elections Act and the regulations under it, other than provisions inconsistent with this Act, and subject to the provisions of the Elections Act that are specifically excluded or modified under the regulations, are adopted for the purposes of this Act and apply with the necessary modifications to all aspects of the conduct of, voting on and determination and declaration of the result of a referendum and to any other matter in relation to a referendum under this Act.

17(2) If a referendum is held in conjunction with quadrennial elections under the Municipalities Act, the provisions of the Municipal Elections Act and the regulations under it, other than provisions inconsistent with this Act, and subject to the provisions of the Municipal Elections Act that are specifically excluded or modified under the regulations, are adopted for the purposes of this Act and apply with the necessary modifications to all aspects of the conduct of, voting on and determination and declaration of the result of a referendum and to any other matter in relation to a referendum under this Act.

17(3) Unless the Chief Electoral Officer instructs otherwise, if a referendum is held on a date that does not coincide with an election referred to in subsections (1) and (2), the provisions of the Municipal Elections Act and the regulations under it, other than provisions inconsistent with this Act, and subject to the provisions of the Municipal Elections Act that are specifically excluded or modified under the regulations, are adopted for the purposes of this Act and apply with the necessary modifications to all aspects of the conduct of, voting on and determination and declaration of the result of a referendum and to any other matter in relation to a referendum under this Act.

Offences

18(1) In this section, “adopted provision” means a provision of the Elections Act or the Municipal Elections Act that is adopted with the necessary modifications under section 17, or is adopted as modified under the regulations, as the case may be.

18(2) A person who violates or fails to comply with an adopted provision that is listed in Column I of Schedule B of the Elections Act commits an offence under this Act.

18(3) For the purposes of Part II of the Provincial Offences Procedure Act, each offence referred to in subsection (2) is punishable as an offence of the category listed in Column II of Schedule B of the Elections Act beside the section number of the adopted provision to which the offence relates.

18(4) A person who violates or fails to comply with an adopted provision that is listed in Column I of Schedule A of the Municipal Elections Act commits an offence under this Act.

18(5) For the purposes of Part II of the Provincial Offences Procedure Act, each offence referred to in subsection (4) is punishable as an offence of the category listed in Column II of Schedule A of the Municipal Elections Act beside the section number of the adopted provision to which the offence relates.

18(6) Subject to subsection (7), a person who violates or fails to comply with a provision of the regulations commits an offence.

18(7) For the purposes of Part II of the Provincial Offences Procedure Act, a person who violates or fails to comply with a provision of the regulations in respect of which a category has been prescribed by regulation commits an offence of the category prescribed by regulation.

Regulations

19(1) The Lieutenant-Governor in Council may make regulations

(a)  modifying the provisions of the Elections Act or the Municipal Elections Act and the regulations under those Acts to make them applicable to all aspects of the conduct of, voting on and determination and declaration of the result of a referendum and to any other matter in relation to a referendum under this Act, including adding to those Acts and regulations or declaring any provisions of those Acts and regulations not to be applicable to the referendum;

(b)  prescribing the duties and powers of the Chief Electoral Officer in connection with a referendum;

(c)  respecting the expenses that may be incurred and the contributions that may be made, and by whom, in connection with a referendum, including placing limits on such expenses and contributions and establishing registration and reporting requirements for persons or organizations who make such contributions or incur such expenses;

(d)  adopting or modifying provisions of the Political Process Financing Act for the purposes of paragraph (c);

(e)  respecting the circumstances and manner in which a recount is conducted;

(f)  prescribing, in respect of offences under the regulations, categories of offences for the purposes of Part II of the Provincial Offences Procedure Act;

(g)  defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;

(h)  generally respecting any other matters and things relating to the holding and conduct of a referendum that the Lieutenant-Governor in Council considers necessary to carry out the intent of this Act.

19(2) A regulation under this Act may be general or specific in its application and may apply differently to different referendums or circumstances.

Commencement

20 This Act or any provision of this Act comes into force on a day or days to be fixed by proclamation.