BILL NO. 119

(as introduced)

1st Session, 65th General Assembly
Nova Scotia
3 Charles III, 2025

 

Private Member's Public Bill

 

Fair Representation for Independent MLAs Act

 

Elizabeth Smith-McCrossin
Cumberland North

First Reading: March 26, 2025

Second Reading:

Third Reading:

 

An Act to Ensure Fair Representation
for Independent Members of the House of Assembly

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Fair Representation for Independent MLAs Act.

2 The purpose of this Act is to remove barriers to political participation, ensure equal rights in legislative processes and provide financial fairness for independent members.

3 In this Act,

"House" means the House of Assembly;

"member" means a member of the House;

"Rules" means the Rules and Forms of Procedure of the House of Assembly.

4 (1) The House shall, by December 31, 2025, adopt a resolution for the purpose of ensuring that independent members have the same rights and privileges as party-affiliated members.

(2) The resolution under subsection (1) must, to enhance committee participation and representation for independents members, amend the Rules to

(a) guarantee the right of an independent member to serve on at least one standing committee of the House;

(b) create the ability for independent members to select from available committee openings through a fair and transparent process; and

(c) ensure that House leaders' committee participation discussions include independent members.

(3) The resolution under subsection (1) must, to further the attainment of equal legislative privileges among members, amend the Rules to

(a) ensure that independent members have proportionally equal speaking rights during question period, debates and members' statements in the House; and

(b) provide independent members with proportionally equal access to legislative resources, including with respect to research funding and office support.

(4) The resolution under subsection (1) must, to prevent discrimination against independent members, amend the Rules to

(a) add legislative fairness provisions that explicitly prohibit discrimination against members based on party-membership status; and

(b) provide for the appointment of a Legislative Fairness Commissioner to ensure compliance with

(i) the Rule amendments adopted through the resolution, and

(ii) any legislative or regulatory measures undertaken in response to recommendations under subsection (5).

(5) The resolution under subsection (1) must include recommended legislative or regulatory measures that are conducive to effectively carrying out the purpose of the resolution.

5 Chapter 5 of the Acts of 2011, the Elections Act, is amended by adding immediately before Section 194 the following Section:

193A For the purpose of Sections 194 to 201, "registered party" or "leader of the registered party" includes an independent candidate and an independent member of the House of Assembly.

6 Chapter 5 is further amended by adding immediately before Section 252 the following Section:

251A For the purpose of Sections 252 to 258, "registered party" includes an independent candidate and an independent member of the House of Assembly.

7 Section 253 of Chapter 5, as amended by Chapter 8 of the Acts of 2020, is further amended by adding immediately after subsection (3) the following subsection:

(3A) Notwithstanding subsection (3), an electoral district association for an independent candidate or an independent member of the House of Assembly may issue tax receipts, and the provisions of Sections 252 to 258 applicable to registered parties apply, with necessary changes, to that electoral district association.

8 (1) Subsection 50(1) of Chapter 217 of the Revised Statutes, 1989, the Income Tax Act, as enacted by Chapter 4 of the Acts of 2000 and amended by Chapter 1 of the Acts of 2007 and Chapter 5 of the Acts of 2011, is further amended by adding immediately after clause (a) the following clause:

(b) "electoral district association" means an electoral district association for an independent candidate or an independent member of the House of Assembly within the meaning of the Elections Act;

(2) Subsection 50(2) of Chapter 217, as enacted by Chapter 4 of the Acts of 2000 and amended by Chapter 5 of the Acts of 2011, is further amended by adding ", electoral district associations" immediately after "candidates".

 

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