Assemblée Législative de la Nouvelle-Écosse

Les travaux de la Chambre ont repris le
21 septembre 2017

Projet de loi no 100

Municipal Elections Act (amended) and Municipal Government Act (amended)

An Act to Amend Chapter 300 of the Revised Statutes, 1989, the Municipal Elections Act, and Chapter 18 of the Acts of 1998, the Municipal Government Act

Déposé par :
L'honorable John MacDonell
Minister of Service Nova Scotia and Municipal Relations

Première lecture
Débats en deuxième lecture
Adoption en deuxième lecture
Comité des modifications des lois
    Date(s) de réunion 1 décembre 2011
    Rapport à la Chambre
Comité plénier
Débats de la troisième lecture
Débats de la troisième lecture
Sanction royale
Prise d'effet 15 décembre 2011
2011 Statutes, Chapter 68

Note explicative (en anglais seulement)

Clause 1
(a) adds a definition of “chief administrative officer”;
(b) replaces the definition of “court” with a definition of “Supreme Court”; and
(c) updates the definition of “judge” by using the defined terms “Provincial Court” and “Supreme Court”.

Clause 2 allows a municipal council to appoint multiple assistant returning officers and to delegate its powers of appointment over the offices of returning officer and assistant returning officer to the chief administrative officer or clerk.

Clause 3 provides that, where a school board electoral district overlaps two or more municipalities,
(a) the returning officers of the municipalities shall designate one of themselves to be the returning officer for the school board election; or
(b) the Municipal Elections Officer shall designate one of the returning officers to be the returning officer for the election if the returning officers are unable to agree on the designation.

Clause 4 makes the residency requirements of the Municipal Elections Act consistent with those of the new Elections Act.

Clause 5 makes references to the content of tax certificates consistent.

Clause 6 adds village commissioners to the list of persons disqualified from being nominated or serving as councillors and updates the wording of Section 18 by using the defined terms “Provincial Court” and “Supreme Court”.

Clause 7 removes the requirement that the declaration of the facts that accompanies an application for a certificate of eligibility to vote must be made under oath.

Clause 8 requires that an oath of office in the prescribed form, sworn by the official agent of a candidate, be filed at the same time as the appointment of official agent.

Clause 9 changes the requirements for the issuance of a transfer certificate to provide that a person seeking a certificate must produce a declaration to the returning officer or election clerk, rather than an affidavit.

Clause 10 modernizes the wording of clause 83(1)(a).

Clause 11 amends clause 85(1)(a) to make the language consistent with that of Section 108.

Clause 12 amends the closing words of Section 108 to make them consistent with an earlier amendment to clause 108(d) (S.N.S. 2007, c. 46, s. 19).

Clause 13 allows a council to delegate its authority to fix a date for the earlier of the two advance polls to the returning officer.

Clause 14 replaces a reference to the county court with a reference to the Supreme Court and makes use of the defined term “Provincial Court”.

Clause 15 updates the wording of subsection 131(1) to use the defined terms “Provincial Court” and “Supreme Court”.

Clause 16 allows a judge to determine whether a recount application is frivolous or vexatious, or otherwise not in the interest of justice and, if so, refuse to conduct the recount.

Clause 17 replaces a reference to the county court with a reference to the Supreme Court and makes use of the defined term “Provincial Court”.

Clause 18 corrects a drafting mistake and confirms that the clerk of whichever court to which the recount application was made may be present at the recount.

Clause 19 amends Section 135 to make the language consistent with that of Section 108.

Clause 20 allows a council to delegate its authority respecting the establishment of a tariff of fees and expenses and the rendering and verification of accounts to the chief administrative officer or clerk.

Clause 21 requires a clerk to retain materials and documents prescribed by regulation for the longer of one year or until the time for appeal has expired.

Clause 22 clarifies that election advertising must indicate that it is printed, published, broadcast or distributed on behalf of a candidate if the candidate, the candidate’s official agent or any other person acting on behalf of the candidate caused the advertising to be printed, published, broadcast or distributed.

Clause 23 capitalizes the word “Internet” and provides that when a municipal by-law permits voting via the Internet through the unsupervised use of a personal computing device, a second means of voting must also be permitted on each polling day.

Clause 24 to 27 update the language of Sections 158 to 160 and 162 to refer to the Supreme Court and the prothonotary.

Clause 28 authorizes the Governor in Council to prescribe materials and documents to be retained by a clerk pursuant to Section 141.

Clause 29 disqualifies a council member from serving as a village commissioner.

Clause 30 confirms that a person who is both a village commissioner and a council member ceases to be a village commissioner upon the coming into force of this Act.