Bill 37 -An Act to Amend the Municipal Elections Act

BILL 37

An Act to Amend the Municipal Elections Act

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

1 The Municipal Elections Act, chapter M-21.01 of the Acts of New Brunswick, 1979, is amended by adding before section 1 the following:

PART 1

ELECTION PROCESS AND GENERAL PROVISIONS

2 Subsection 5.1(5) of the Act is amended by striking out “or any other section of this Act” and substituting “or any other provision of this Act or the regulations”.

3 The Act is amended by adding after section 47 the following:

Immunity

47.1 No action or other proceeding lies or shall be instituted against the Municipal Electoral Officer and the members of his or her staff for anything done or purported to be done in good faith or for anything omitted in good faith under this Act.

4 Subsection 49(1) of the Act is amended by striking out “in this Act” and substituting “in this Act or the regulations”.

5 The Act is amended by adding after section 57 the following:

PART 2

CONTRIBUTIONS, FINANCING AND EXPENDITURES

Offences and penalties

57.1( 1) Subject to subsection (2), a person who violates or fails to comply with a provision of the regulations commits an offence.

57.1( 2) For the purposes of Part 2 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

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

(a) respecting the expenditures that may be incurred, the contributions that may be made and the financing that may be provided, and by whom, in connection with a general election, by-election or first election held in a municipality, including placing limits or other restrictions on such expenditures, contributions or financing and establishing registration requirements for candidates and reporting requirements with respect to the contributions, expenditures or financing;

(b) prescribing the duties and powers of the Municipal Electoral Officer and members of his or her staff in connection with regulations made under this section, including authorizing the Municipal Electoral Officer to

( i) determine if candidates and other persons are complying with the regulations;

( ii) prescribe forms, documents and receipts and their contents for use in the application of the regulations;

( iii) issue guidelines for use in the application of the regulations;

( iv) determine whether contributions and expenditures have been made or financing has been provided in accordance with the regulations, if he or she considers it necessary;

(c) providing for late filing penalties, including the circumstances in which they may be imposed, their payment into the Consolidated Fund and their recovery as a debt due to the Crown in right of the Province;

(d) respecting the liabilities and surpluses of candidates with respect to contributions received, expenditures incurred or financing obtained;

(e) adopting or modifying provisions of the Political Process Financing Act for the purposes of paragraphs (a), (b) and (d);

(f) prescribing, in respect of offences under the regulations, categories of offences for the purposes of Part 2 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.

57.2( 2) A regulation under this section may prohibit or restrict any activity or thing that this section contemplates being the subject of a regulation.

57.2( 3) Regulations under this section may vary for or be made in respect of different persons, matters or things or different classes or categories of persons, matters or things.

57.2( 4) A regulation under this section may be general or particular in its application, may be limited as to time or place or both and may exclude any place from the application of the regulation.

57.2( 5) In a regulation under this section, the Lieutenant-Governor in Council may

(a) delegate a matter to the Municipal Electoral Officer, members of his or her staff or the Minister of Environment and Local Government, and

(b) confer a discretion on the Municipal Electoral Officer, members of his or her staff or the Minister of Environment and Local Government.

Non-application of the Regulations Act

57.3 A guideline issued by the Municipal Electoral Officer is not a regulation within the meaning of the Regulations Act.

Electronic filing

57.4( 1) The Municipal Electoral Officer may require that any form or document required to be filed with the Municipal Electoral Officer under the regulations be submitted in an electronic format that has been approved by the Municipal Electoral Officer, using the technology put in place by the Municipal Electoral Officer.

57.4( 2) If the Municipal Electoral Officer requires a form to be submitted in an electronic format, any requirement in the regulations that the truth of the information provided be certified is satisfied if the form is accompanied by a statement to that effect that is signed in accordance with the Electronic Transactions Act by the person so certifying.

57.4( 3) If the Municipal Electoral Officer requires a document to be submitted in an electronic format, any requirement in the regulations for filing a certified copy of the document is satisfied if the document is accompanied by a statement to that effect that is signed in accordance with the Electronic Transactions Act by the person so certifying.

CONSEQUENTIAL AMENDMENTS AND COMMENCEMENT

Education Act

6 Subsection 36.3(3) of the Education Act, chapter E-1.12 of the Acts of New Brunswick, 1997, is amended by striking out “the provisions of the Municipal Elections Act and the regulations under that Act” and substituting “the provisions of the Municipal Elections Act and the regulations under the Municipal Elections Act, excluding Part 2 of that Act and the regulations made under that Part,”.

Regulation under the Regional Health Authorities Act

7 Section 11 of New Brunswick Regulation 2012-7 under the Regional Health Authorities Act is amended

(a) in subsection (2)

( i) in the portion preceding paragraph (a) by striking out “are not adopted” and substituting “are not adopted for the purposes of”;

( ii) in paragraph (q) of the English version by striking out “and” at the end of the paragraph;

( iii) in paragraph (r) by striking out the period at the end of the paragraph and substituting a semicolon followed by “and”;

( iv) by adding after paragraph (r) the following:

(s) Part 2.

(b) by adding after subsection (2) the following:

11( 2.1) Any regulation made under Part 2 of the Municipal Elections Act is not adopted for the purposes of and does not apply to an election for members of a board.