Bill 64 - An Act Respecting the Selection of Senator Nominees

BILL 64

An Act Respecting the Selection of Senator Nominees

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

INTERPRETATION

Definitions

1 The following definitions apply in this Act.

“candidate” means a person who files a nomination paper under section 7 and meets the requirements set out in section 18. (candidat)

“registrant” means a person intending to run as a candidate in the next senatorial election whose registration has been accepted by Elections New Brunswick under section 18. (personne inscrite)

“Senate nominee” means a person whose name is on a Senate nominees list in accordance with this Act. (candidat sénatorial)

“senatorial election” means an election in which one or more Senate nominees are selected. (élection sénatoriale)

“Supervisor” means Supervisor as defined in the Political Process Financing Act. (contrôleur)

Senate nominees list

2(1) A Senate nominees list that is prepared in accordance with this Act may be used in relation to appointments to the Senate for vacancies related to New Brunswick.

2(2) A Senate nominees list shall be established for each senatorial district following a senatorial election that is held in accordance with this Act.

2(3) A Senate nominees list that is prepared in accordance with this Act shall be used for the purpose of permitting two Senate nominees from each senatorial district to be summoned to the Senate.

SENATORIAL ELECTIONS

Senatorial elections

3(1) A senatorial election shall be held in each senatorial district concurrently with a quadrennial election held under the Municipal Elections Act.

3(2) Despite subsection (1), the Lieutenant-Governor in Council, at least 120 days before the ordinary polling day for the election in a senatorial district, may order that a senatorial election under subsection (1) not be held in a senatorial district if no vacancy is anticipated in the Senate corresponding to that senatorial district before the next quadrennial elections held under the Municipal Elections Act.

3(3) Despite subsection (1), the Lieutenant-Governor in Council may order the Municipal Electoral Officer to hold senatorial elections in one or more senatorial districts separately from quadrennial elections held under the Municipal Elections Act.

3(4) If a senatorial election is to be held separately from a quadrennial election held under the Municipal Elections Act, the Lieutenant-Governor in Council shall order the senatorial election at least 120 days before the ordinary polling day for the senatorial election.

Municipal Electoral Officer

4 The role and responsibilities of the Municipal Electoral Officer in relation to senatorial elections are the same as those that are set out in subsection 5(2) of the Municipal Elections Act.

Senatorial districts

5(1) The Electoral Boundaries and Representation Commission shall:

(a) divide the Province into five senatorial districts;

(b) name each senatorial district; and

A ÷ 5 = B

where

A is the total number of electoral districts that are prescribed in the Electoral Boundaries and Representation Act; and

B is the number of electoral districts in each senatorial district.

5(2) If the calculation in subsection (1) does not result in “B” being a whole number, then the geographic boundaries of the senatorial districts shall be established so that one or more senatorial districts are composed of one more or one fewer whole electoral districts than the other senatorial districts.

5(3) Senatorial districts shall contain only whole electoral districts that are contiguous.

5(4) The Electoral Boundaries and Representation Commission is not bound by section 12 of the Electoral Boundaries and Representation Act in carrying out its responsibilities under subsection (1).

CANDIDACY

Eligibility

6(1) A person is eligible to be nominated as a candidate in a senatorial election if the person:

(a) is not a Member of the House of Commons or Senate;

(b) is not an election officer in the senatorial election or a judge;

(c) is not a candidate in a municipal or provincial election or by-election, if the senatorial election is held concurrently with the municipal or provincial election or by-election;

(d) is not a candidate in an election in relation to a District Education Council or Regional Health Authority Board, if the senatorial election is held concurrently with that election; and

(e) otherwise meets the qualifications set out in section 23 of the Constitution Act, 1867 (Canada).

6(2) Despite paragraph (1)(e), and subject to subsection 15(5), a person who is under 30 years of age may be nominated as a candidate, as long as the person will be at least 30 years of age at any point during the period of time when the Senate nominees list on which their name appears following the election is anticipated to be valid.

6(3) A person is eligible to be nominated as a candidate in only one senatorial district during a senatorial election.

Filing nomination paper

7(1) Before a person who intends to run as a candidate files a nomination paper, the person must first register under section 18, or must register at the same time as he or she files a nomination paper.

7(2) A person who intends to run as a candidate shall file a nomination paper, signed by that person, together with a deposit of $1,000 with a municipal returning officer containing the following information:

(a) his or her name, address, telephone number, e-mail address and occupation;

(b) the address at which documents may be served on him or her in the Province;

(d) the names and signatures of at least 100 qualified electors who ordinarily reside in the senatorial district for which he or she is nominated as a candidate; and

(e) the name, address and telephone number of an agent, if one is appointed under subsection 8(3).

Agent and Chief Financial Officer

8(1) Before filing a nomination paper, a person who intends to run as a candidate shall appoint a Chief Financial Officer.

8(2) After appointing a Chief Financial Officer, a registrant or the Chief Financial Officer who is appointed by the registrant may accept contributions and make expenditures.

8(3) At any time before the ordinary polling day for a senatorial election, a person who intends to run as a candidate may appoint an agent to represent him or her.

HOLDING OF ELECTIONS

Agent of candidate

9(1) An agent may appoint scrutineers to act at the polling stations.

9(2) An agent shall not perform the duties of the Chief Financial Officer unless the agent is also the candidate’s Chief Financial Officer.

9(3) A candidate may exercise the duties of an agent appointed by the candidate.

Affiliation of a candidate

10(1) If a candidate has been endorsed by a political party that is registered under the Elections Act and wishes to have the party name placed on the ballot beside his or her name or on an election document relating to him or her, the candidate shall file with the Municipal Electoral Officer, at the time the candidate files a nomination paper, a certificate signed by the leader of the party in the presence of two witnesses that declares that the candidate is affiliated with the party.

10(2) No registered political party may endorse more than two candidates in a senatorial district in the same senatorial election.

10(3) If a candidate does not file a certificate under subsection (1), the candidate shall:

(a) be described on the ballot and any election documents relating to him or her by the word “Independent”; and

(b) not advertise his or her association with a registered political party.

Ballots

11 Ballots used in senatorial elections shall contain an explanatory note stating the maximum number of candidates who are eligible to be voted for in a senatorial district without voiding the ballot, and the maximum number shall never exceed two.

Death of a candidate

12(1) If a candidate dies after filing his or her nomination paper and before the close of the polls on the ordinary polling day, the senatorial election shall continue in the senatorial district of the deceased candidate, and the votes cast for that candidate are void.

12(2) If the death of a candidate referred to subsection (1) leaves one candidate for selection in a senatorial district, that candidate shall be deemed selected by acclamation on the ordinary polling day without holding the election.

12(3) If a candidate dies in circumstances mentioned in subsection (1), the Municipal Electoral Officer shall ensure that notices are posted in polling stations advising electors that votes cast for a deceased candidate are void.

Adoption of provisions of the Municipal Elections Act

13(1) Subject to subsections (2) to (14), the provisions of the Municipal Elections Act and the regulations under it, other than provisions that are inconsistent with this Act, are adopted for the purposes of this Act and apply with the necessary modifications to all aspects of the conduct of, determination and declaration of, access to voters lists in and recounts in senatorial elections and to any other matter in relation to a senatorial election under this Act.

13(2) Sections 3, 3.1 and 9, subsections 11(3.2) and 17(1), (2), (5) and (6), section 18, paragraph 20(1)(a.1), subsections 21(5) and 28(3), section 31.3, paragraphs 39.3(11)(b), section 46, subsection 48(2) and sections 56 and 57 of the Municipal Elections Act do not apply to the conduct of, determination and declaration of, access to voters lists in and recounts in senatorial elections and to any other matter in relation to a senatorial election under this Act.

13(3) Subsection 12.1(2) of the Municipal Elections Act, adopted under subsection (1), shall be read as follows:

12.1(2) The Municipal Electoral Officer shall, on request by a candidate or his or her agent, provide the candidate or the agent of the candidate with one copy of the voters list.

13(4) Subsection 12.1(3) of the Municipal Elections Act, adopted under subsection (1), shall be read as follows:

12.1(3) A copy of the voters list shall not be provided to a candidate or his or her agent under subsection (2) after the close of the poll at polling day.

13(5) Subsection 12.1(5) of the Municipal Elections Act, adopted under subsection (1), shall be read as follows:

12.1(5) A candidate or his or her agent who has been provided a copy of a voters list under this section shall not use or distribute the copy of the voters list except for purposes relating to the election.

13(6) Subsection 15(1) of the Municipal Elections Act, adopted under subsection (1), shall be read as follows:

15 (1) Nominations close at two o’clock in the afternoon on the thirty-first day before polling day, or if that day is on a holiday, on the thirty-second day before polling day.

13(7) Subsection 15(2) of the Municipal Elections Act, adopted under subsection (1), shall be read as follows:

15(2) The Municipal Electoral Officer shall give a Notice of Election containing

(a) the day fixed for the close of nominations,

(b) the date of advance polls for voting,

(d) the names of the senatorial districts where a senatorial election will be held, and

(e) the number of candidates to be selected in each senatorial district that will hold a senatorial election.

13(8) Subsection 17(2.1) of the Municipal Elections Act, adopted under subsection (1), shall be read as follows:

17(2.1) The municipal returning officer, after receiving a nomination paper, shall give to the person filing the nomination paper written confirmation of receipt of the nomination paper.

13(9) Subsection 17(3) of the Municipal Elections Act, adopted under subsection (1), shall be read as follows:

17(3) A nomination is not void by reason that after the municipal returning officer is satisfied that at least 100 of the nominators were entitled to vote at the election, it is determined that less than 100 were entitled.

13(10) Paragraph 23(5)(a) of the Municipal Elections Act, adopted under subsection (1), shall be read as follows:

(a) the failure of an agent or a candidate to appoint a scrutineer, or

13(11) Section 31.2 of the Municipal Elections Act, adopted under subsection (1), shall be read as follows:

31.2 Notwithstanding subsection 31(4), representatives of a bona fide news broadcaster or news publication may be permitted by the municipal returning officer to enter the polling station during the holding of the poll, for the sole purpose of photographing or otherwise visually recording the casting of the ballot of a candidate provided:

(a) the candidate agrees to the presence of the representatives;

(b) previous arrangements to the satisfaction of the municipal returning officer have been made;

(d) the representatives immediately leave the polling station once the candidate’s ballot has been cast.

13(12) Subsection 41(5) of the Municipal Elections Act, adopted under subsection (1), shall be read as follows:

41(5) After receiving the copy of the declaration referred to in paragraph 2(b), the Municipal Electoral Officer shall without delay publish a copy of it in The Royal Gazette.

13(13) Subsection 41.1(1) of the Municipal Elections Act, adopted under subsection (1), shall be read as follows:

41.1 (1) If the report of the municipal returning officer discloses that there is a difference of not more than one for every 1,000 votes cast between the number of votes cast for a candidate who received the highest or second-highest number of votes in that senatorial district, and another candidate in the same senatorial district, or between the two candidates in a senatorial district who received the highest and second-highest number of votes, the disadvantaged candidate may, within ten days after the election, apply to the municipal returning officer for a recount of the votes.

13(14) Subsection 42(0.1) of the Municipal Elections Act, adopted under subsection (1), shall be read as follows:

42(0.1) A candidate who has participated in a recount under section 41.1 may file a petition under subsection (1).

Offences and penalties under the Municipal Elections Act

14(1) In this section, “adopted provision” means a provision of the Municipal Elections Act that is adopted under subsection 13(1), with the necessary modifications, or is adopted as modified under subsections 13(3) to (14), as the case may be.

14(2) 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.

14(3) For the purposes of Part 2 of the Provincial Offences Procedure Act, each offence referred to in Column I of Schedule A of the Municipal Elections Act is punishable as an offence of the category listed in Column II of Schedule A.

SENATE NOMINEES LIST

Senate nominees list

15(1) Following a senatorial election, the Municipal Electoral Officer shall prepare a Senate nominees list for each senatorial district where a senatorial election was held.

15(2) For the purposes of subsection (1), the name of the candidate who obtained the highest number of votes in a senatorial district shall be the first name on the Senate nominees list for that senatorial district, and the name of the candidate who obtained the second highest number of votes in that district shall be the second name on the list and so on until the name of each candidate from that senatorial district appears on the list.

15(3) For the purpose of filling vacancies in the Senate, the Lieutenant-Governor in Council shall submit to the Queen’s Privy Council for Canada the names of as many Senate nominees as are required to fill those vacancies, provided that the names are those of Senate nominees who received the highest number of votes in the last senatorial election in the senatorial district that corresponds to the senatorial district in which there is a vacancy.

15(4) Regardless of the senatorial district from which a Senate nominee was selected, if he or she is summoned to the Senate following an election under this Act, he or she shall represent the whole Province.

15(5) Despite subsection (3), the name of a Senate nominee shall not be submitted until the Senate nominee reaches 30 years of age.

15(6) A Senate nominees list in relation to a senatorial district remains valid until a Senate nominees list is established for the same district following the next senatorial election in that senatorial district.

15(7) If the election of a Senate nominee is declared void or if the Senate nominee dies or is unable to be summoned to the Senate for any other reason, the name of the Senate nominee with the next highest number of votes from the same senatorial district as that Senate nominee shall be submitted to the Queen’s Privy Council for Canada.

Withdrawal from list

16(1) A Senate nominee may request to the Municipal Electoral Officer, who, without undue delay, shall advise the Lieutenant-Governor in Council that the Senate nominee’s name

(a) not be submitted to the Queen’s Privy Council for Canada, or

(b) be withdrawn if it was submitted.

16(2) A request under subsection (1) shall be in writing and witnessed by at least two eligible voters who ordinarily reside in the senatorial district where the Senate nominee was selected.

16(3) If a Senate nominee makes a request under subsection (1), that Senate nominee is deemed to have resigned as a Senate nominee.

Duration of nomination

17 A person remains as a Senate nominee until whichever of the following occurs first:

(a) the person is summoned to the Senate;

(b) the person resigns in writing to the Municipal Electoral Officer;

(c) a Senate nominees list is established for the senatorial district where the person was a Senate nominee following the next senatorial election in that senatorial district; or

(d) the person is no longer eligible for nomination as a candidate under section 6.

ELECTORAL CAMPAIGN FINANCING

Election expenditures

18(1) Before a person who intends to run as a candidate may accept contributions or make expenditures for a senatorial election, he or she shall register with Elections New Brunswick, up to the day fixed for the close of nominations, and appoint a Chief Financial Officer.

18(2) The person`s registration shall contain the following information:

(a) the registrant`s name, address, telephone number, e-mail address and occupation

(b) an address for the service of documents to the registrant;

(d) the name, address, telephone number, e-mail address and occupation of a chief Financial Officer; and

(e) the address for the service of documents to the Chief Financial Officer.

18(3) A registrant remains registered with Elections New Brunswick until whichever of the following occurs first:

(a) he or she requests to be deregistered and the requirements of paragraph 22(1)(c) are met; or

(b) a Senate nominees list is established for the senatorial district where the registrant was a candidate in the senatorial election.

Contributions and expenditures

19(1) Election expenditures in the aggregate of each candidate in a senatorial district shall be limited so as not to exceed an amount equivalent to one-quarter of the expense limit established for general elections in the Political Process Financing Act.

19(2) The Supervisor shall publish the spending limit referred to in subsection (1) on the Elections New Brunswick website at least 90 days before the date of the senatorial election.

19(3) Contributions to registrants are not provincially tax deductible.

19(4) The cumulative amount of expenditures that are made either before or after the commencement of a senatorial election shall not exceed the spending limit that is published under subsection (2).

19(5) No registered political party or registered district association, as they are defined in the Elections Act, or registered association or registered party, as they are defined in the Canada Elections Act (Canada), shall make a contribution to a candidate.

Adoption of provisions of the Political Process Financing Act

20(1) Subject to subsections (2) to (12), sections 37 to 49 and 62 to 64, sections 67 to 77.1 and sections 80 to 84.9 of the Political Process Financing Act, and the regulations under it, other than provisions that are inconsistent with this Act, are adopted for the purposes of this Act and apply with the necessary modifications to all aspects of contributions to senatorial elections, financial reporting requirements and third party advertising in relation to senatorial elections under this Act.

20(2) Subsection 39(1.1), sections 50 to 61, subsection 62(1), sections 65 and 66, subsection 67(3), section 68, subsection 69(3), sections 78 and 79, and subsections 84.15(2), (3) and (4) of the Political Process Financing Act do not apply to contributions to senatorial elections, financial reporting requirements or third party advertising in relation to senatorial elections under this Act.

20(3) Unless this Act or the context requires otherwise, references in provisions of the Political Process Financing Act, and the regulations under it, adopted under subsection (1):

(a) to “official representative” and “official agent” shall be read as “Chief Financial Officer”, and

(b) to “registered independent candidate” shall be read as “registrant”.

20(4) Subsection 37(2) of the Political Process Financing Act, adopted under subsection (1), shall be read as follows:

37(2) Contributions may be made only to a registrant or the Chief Financial Officer who is appointed by the registrant.

20(5) Subsection 39(1) of the Political Process Financing Act, adopted under subsection (1), shall be read as follows:

39(1) An individual, corporation or trade union, during a calendar year, may make contributions up to $6,000 to each registrant.

20(6) Subsection 39(4) of the Political Process Financing Act, adopted under subsection (1), shall be read as follows:

39(4) No registrant and no person acting on his or her behalf, shall knowingly accept a contribution made in contravention of this Act.

20(7) Subsection 63(4) of the Political Process Financing Act, adopted under subsection (1), shall be read as follows:

63(4) At the expiration of six years from the submitting of receipts, invoices and other vouchers, such receipts, invoices and vouchers may be returned to the registrant who submitted them, or to a person that he or she designates.

20(8) Section 64 of the Political Process Financing Act, adopted under subsection (1), shall be read as follows:

64 The Supervisor may require that an accountant appointed by the Supervisor audit the financial return of a registrant.

20(9) Subsection 81(1) of the Political Process Financing Act, adopted under subsection (1), shall be read as follows:

81(1) The Chief Financial Officer of each candidate in a senatorial election, within 90 days following the date fixed by the Elections Act for the return of the writ of election, shall submit to the Supervisor a sworn statement of the election expenses of that candidate and all claims for election expenses of the candidate contested by the Chief Financial Officer, in the form prescribed by the Supervisor, together with any invoices, receipts and other vouchers that may be required by the Supervisor.

20(10) The definition “campaign period” in section 84.1 of the Political Process Financing Act, adopted under subsection (1), shall be read as follows:

“campaign period” means the period beginning with the giving of a Notice of Election for a senatorial election and ending on the ordinary polling day. (campagne électorale)

20(11) Subsection 84.15(1) of the Political Process Financing Act, adopted under subsection (1), shall be read as follows:

84.15(1) For election advertising transmitted during the campaign period for a senatorial election, a third party shall not incur election expenses that in total exceed the product of the following:

(a) the amount to be calculated under subsection 77(2), and adjusted under subsection 77.1(1); and

(b) 0.065.

20(12) Subsection 84.35(2) of the Political Process Financing Act, adopted under subsection (1), shall be read as follows:

84.35(2) The following persons are not eligible to be the Chief Financial Officer of a third party:

(a) a candidate;

(b) an official agent;

(d) an electoral district agent;

(e) an official representative or a deputy official representative;

(f) a member of the executive of a political party that is registered under a provincial or federal act, or a registered district association;

(g) a Chief Financial Officer of a candidate;

(h) an agent of a candidate; or

(i) an election officer.

Offences and penalties under the Political Process Financing Act

21(1) In this section, “adopted provision” means a provision of the Political Process Financing Act that is adopted under subsection 20(1), with the necessary modifications, or is adopted as modified under subsections 20(3) to (11), as the case may be.

21(2) A person who violates or fails to comply with an adopted provision that is listed in Column I of Schedule B of the Political Process Financing Act commits an offence.

21(3) For the purposes of Part 2 of the Provincial Offences Procedure Act, each offence referred to in Column I of Schedule B of the Political Process Financing Act is punishable as an offence of the category listed in Column II of Schedule B.

Chief Financial Officer of candidate

22(1) The Chief Financial Officer that a registrant appoints shall:

(a) accept contributions and make expenditures on behalf of the registered candidate;

(b) in accordance with this Act and with guidelines issued by the Supervisor, prepare a financial return and file it with the Supervisor:

(i) within 90 days after the anniversary date of the registration of the registrant for each year that the registrant is registered;

(ii) despite subparagraph (i), if the anniversary date of the registration is within 90 days before a senatorial election, the financial return for that year may be submitted within 90 days following the election; and

(iii) within 90 days after a senatorial election if a financial return was not already submitted under subparagraph (ii);

(i) subject to subparagraph (ii), return all surplus funds held by the Chief Financial Officer pro rated to the contributors who made monetary contributions to the candidate;

(ii) make the aggregate of prorated amounts that are less than $5 that are to be returned to contributors payable to the Minister of Finance and remit it without undue delay to the Chief Electoral Officer; and

(iii) file a financial return with the Supervisor for each calendar year until all funds are returned or remitted.

22(2) A financial return shall contain:

(a) a record of all expenditures incurred by the registrant during each reporting period that the registrant is registered; and

(b) a cumulative amount of expenditures that includes expenditures made by the registrant in each reporting period that he or she was registered.

GENERAL PROVISIONS

Administration

23 The Municipal Electoral Officer is responsible for the administration of this Act.

Regulations

24 The Lieutenant-Governor in Council may make regulations generally for the better administration of this Act.

TRANSITIONAL PROVISIONS

Senators allocated to senatorial districts

25(1) Subject to subsection (2), the senatorial district of a Senator who is serving when this Act comes into force is the senatorial district that the Electoral Boundaries and Representation Commission determines to correspond with the provincial geographic designation of the Senator.

25(2) If no designation has been specified for a Senator, or if the designation does not correspond with only one senatorial district, the senatorial district of the Senator is the senatorial district where he or she resides in the Province.

25(3) For the purpose of subsection (2), the place where a Senator resides in the Province shall be determined according to section 14 of the Municipal Elections Act.

25(4) If it is unclear where a Senator resides in the Province under subsection (2) or (3), the senatorial district of the Senator shall be deemed to be the place where the real property of that Senator, referred to in subsection 23(3) of the Constitution Act, 1867 (Canada), is located.

25(5) For the purpose of subsection (4), if the real property of a Senator is located in two or more senatorial districts, the location of the largest parcel of real property shall determine the designation of that Senator.