BILL 45

An Act Respecting Municipal General Elections in 2021

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

Definitions and interpretation

1( 1) The following definitions apply in this Act.

“COVID-19” means the notifiable disease COVID-19 listed in Part 1 of Schedule A of the Reporting and Diseases Regulation – Public Health Act. (COVID-19)

“election”, except if the context otherwise requires, means (élections)

aa general election that is required to be held in 2021 under An Act Respecting Elections in 2020 and any plebiscite held in conjunction with that general election,

bthe District Education Council elections held under the Education Act in conjunction with that general election, or

can election held under the Regional Health Authorities Act in conjunction with that general election.

“health region” means a health region as defined in the Public Health Act. (région sanitaire)

“lockdown” means, subject to subsection (2), the alert level in response to COVID-19 that includes lockdown measures set out in an order made by the Minister of Justice and Public Safety under section 12 of the Emergency Measures Act. (confinement)

1( 2) For the purposes of this Act, a health region is considered to be in a lockdown if an order made by the Minister of Justice and Public Safety under section 12 of the Emergency Measures Act provides that

athe residents of the health region are required to take every reasonable step to reduce human interaction to true essentials, and

btravel into and out of the health region is prohibited, except as provided for in the order.

Application of Act

2 This Act applies if a health region enters into a lockdown during an election period.

Suspension of the electoral process and activities related to an election

3 Despite subsections 47(2) and 47.01(5) of the Municipal Elections Act, subsection 54(1) of the Local Governance Act and Order in Council 2020-207 made under An Act Respecting Elections in 2020, the Municipal Electoral Officer shall suspend the electoral process and all activities related to an election held in a health region referred to in section 2, including, without limitation, voting.

Resumption of the electoral process and activities related to an election

4( 1) If the Municipal Electoral Officer acts under section 3 in respect of a health region, despite any provision of the Municipal Elections Act and any Order in Council made under An Act Respecting Elections in 2020,

athe Municipal Electoral Officer shall ensure that the electoral process and activities related to the election resume within 30 days after the date the lockdown ends in the health region,

bthe Municipal Electoral Officer shall set an alternative date for the close of nominations in any contest impacted by the lockdown of the health region, if nominations have not already closed,

cthe Municipal Electoral Officer shall set an alternative date for voting at advanced polls in the health region, if an advanced poll has not already been held,

dthe Municipal Electoral Officer shall change the ordinary polling day for the health region,

ethe Municipal Electoral Officer shall direct election officers to refrain from counting, reporting and recording votes cast until the last scheduled ordinary polling day set under paragraph (d), and

fmunicipal returning officers shall refrain from making any declaration under section 41 of the Municipal Elections Act until the last scheduled ordinary polling day set under paragraph (d).

4( 2) If the Municipal Electoral Officer acts under section 3 in respect of a health region, despite sections 170 and 203 of the Local Governance Act and any Order in Council made under section 4 of An Act Respecting Elections in 2020, the Minister of Local Government and Local Governance Reform may

aset an alternative date for calling a meeting to elect the members of a 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.

4( 3) A municipal returning officer subject to a direction given under paragraph (1)(e) shall comply with the direction.

4( 4) If the Municipal Electoral Officer acts under section 3 in respect of a health region, the deadlines in subsection 41.1(1) and section 42.1 of the Municipal Elections Act and the 10-day deadline in subsection 42(1) of that Act beginning after the date of the election shall be calculated from the last scheduled ordinary polling day set under paragraph (1)(d).

4( 5) If the Municipal Electoral Officer acts under section 3 in respect of a health region, despite section 36.6 and subsections 36.7(1) to (3.1) of the Education Act and any Order in Council made under section 3 of An Act Respecting Elections in 2020, but subject to subsection 36.7(4) of the Education Act,

athe term of office of a person who is elected as a councillor of a District Education Council in an election held in conjunction with the general election held in 2021 under An Act Respecting Elections in 2020 begins on the first day of the month following the 45-day period beginning immediately after the last scheduled ordinary polling day set under paragraph (1)(d) and ends on the thirtieth day of June following the next District Education Council elections,

bthe term of office of a councillor of a District Education Council in office on the commencement of this section is extended to the date immediately preceding the date of the commencement of the terms of office of the councillors referred to in paragraph (a), and

cthe term of office of a councillor appointed under subsection 36.2(3.1) of the Education Act to replace a councillor referred to in paragraph (b) begins at the same time as the term of office of a councillor referred to in paragraph (a) and ends on June 30, 2022.

4( 6) If the Municipal Electoral Officer acts under section 3 in respect of a health region, the Municipal Electoral Officer shall inform the public of the changes resulting from that action in the manner that the Municipal Electoral Officer considers appropriate.

Immunity

5 No action or other proceeding lies or shall be instituted against the Municipal Electoral Officer and the members of the Municipal Electoral Officer’s staff or against the Minister of Local Government and Local Governance Reform for anything done or purported to be done in good faith or for anything omitted in good faith under this Act.

Commencement

6 This Act shall be deemed to have come into force on March 20, 2021.