BILL 38

An Act Respecting Elections in 2020

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

Date for general election

1( 1) Subject to subsection (3), and despite subsection 54(1) of the Local Governance Act, the Lieutenant-Governor in Council may, in consultation with the Municipal Electoral Officer, set an alternative date for holding the general election that is required to be held on May 11, 2020, under that Act.

1( 2) Subject to subsection (3), the Lieutenant-Governor in Council may set an alternative date for holding any plebiscite ordered by the Minister of Environment and Local Government to be held in conjunction with the general election that is required to be held on May 11, 2020.

1( 3) A date set under subsection (1) or (2) shall not be later than May 10, 2021.

1( 4) If the Lieutenant-Governor in Council sets a date under subsection (1), despite section 54(1) of the Local Governance Act, the next ensuing general election shall be held on May 12, 2025.

1( 5) Despite section 15 of the Municipal Elections Act, with respect to the general election that is required to be held on May 11, 2020, the Municipal Electoral Officer shall not

agive a notice of election, or

bgive a notice of plebiscite.

1( 6) In order to ensure the proper execution of a general election held on a date set by the Lieutenant-Governor in Council under subsection (1), and of any election or plebiscite held in conjunction with that election, and despite any provision of the Municipal Elections Act, the Lieutenant-Governor in Council may

aextend the time or set an alternative date for doing any act required to be done under that Act,

bset an alternative date for the close of nominations, extend the time for filing nomination papers, or re-open nominations and set an alternative date for the close of nominations,

cset an alternative date for giving a notice of election or a notice of plebiscite,

dset an alternative date for voting at advance polls, and

eauthorize the Municipal Electoral Officer to adapt the provisions of that Act to the execution of its intent.

1( 7) If the Lieutenant-Governor in Council sets a date for a general election under subsection (1), the Municipal Electoral Officer shall publish a notice in The Royal Gazette and by any other method the Municipal Electoral Officer considers necessary to advise the public.

Municipal by-elections

2 If the Lieutenant-Governor in Council sets a date for a general election under subsection 1(1), and despite subsection 51(4) of the Local Governance Act, the Lieutenant-Governor in Council may authorize the Municipal Electoral Officer to hold a by-election to fill a vacancy in a council in the 12 months immediately preceding that date.

Terms of office – District Education Councils

3 Despite subsection 36.7(1) of the Education Act, the Lieutenant-Governor in Council may

aextend the term of office of a person who held office as an elected councillor of a District Education Council immediately before the commencement of this section, and

bset the term of office of the persons who are elected as councillors of a District Education Council in an election held in conjunction with a general election held on a date set by the Lieutenant-Governor in Council under subsection 1(1).

Date for elections – local service district advisory committees

4 Despite sections 170 and 203 of the Local Governance Act, if, on the commencement of this section, a meeting has not been called under subsection 203(4) of that Act to elect members of a local service district advisory committee, the Lieutenant-Governor in Council may

aset an alternative date for calling a meeting to elect the members of the local service district advisory committee, and

bextend the term of office of the members of the local service district advisory committee who held office immediately before the commencement of this section.

Time for provincial by-elections

5( 1) Despite Orders in Council 2020-53 and 2020-54, the Chief Electoral Officer shall not issue a writ of election for the following electoral districts: 

athe electoral district of Saint Croix; and

bthe electoral district of Shediac Bay-Dieppe.

5( 2) Despite subsection 15(1) of the Elections Act, the Lieutenant-Governor in Council may direct the issuance of writs of election for by-elections to fill vacancies in the electoral districts referred to in paragraphs (1)(a) and (b) later than six months after the date the vacancies were certified.

5( 3) Subject to consultation with the chief medical officer of health, by-elections to fill vacancies in the electoral districts referred to in paragraphs (1)(a) and (b) shall be held no later than 30 days before the commencement of the next ensuing session of the Legislative Assembly.

6 This Act shall be deemed to have come into force on March 13, 2020.