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Elections Act (amended)

BILL NO. 39

(as introduced)

3rd Session, 62nd General Assembly
Nova Scotia
65 Elizabeth II, 2016



Private Member's Bill



Elections Act
(amended)



The Honourable Jamie Baillie
Cumberland South



First Reading: October 21, 2016

(Explanatory Note)

Second Reading:

Third Reading:

Explanatory Note

This Bill provides for a fixed date for general elections. The date would be set by regulation.

An Act to Amend Chapter 5
of the Acts of 2011,
the Elections Act

1 Chapter 5 of the Acts of 2011, the Elections Act, is amended by adding immediately after Section 29 the following Section:

29A (1) Nothing in this Section affects the powers of the Lieutenant Governor, including the power to dissolve the House of Assembly at the discretion of the Lieutenant Governor.

(2) Subject to subsections (3) and (4), and the powers of the Lieutenant Governor referred to in subsection (1), notwithstanding any other enactment, each general election must be held on a Tuesday, as determined by the regulations, in the fourth calendar year following ordinary polling day for the most recent general election.

(3) Where the Chief Electoral Officer is of the opinion that a Tuesday that would otherwise be ordinary polling day is not suitable for that purpose, including by reason of it being in conflict with a day of cultural or religious significance or a federal or municipal election, the Chief Electoral Officer shall choose another day in accordance with subsection (4) and recommend to the Governor in Council that ordinary polling day be that other day, and the Governor in Council may make an order to that effect.

(4) For the purpose of subsection (3), the Chief Electoral Officer may choose as an alternative ordinary polling day one of the seven days following the Tuesday that would otherwise be ordinary polling day.

(5) In the case of a general election under subsection (2), an order may not be made under subsection (3) within seventy days preceding the Tuesday that would otherwise be ordinary polling day.

2 Subsection 361(1) of Chapter 5 is amended by relettering clause (a) as (aa) and adding immediately before that clause the following clause:

(a) determining, for the purpose of subsection 29A(2), the day of the year on which a general election must be held;

 


This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2016 Crown in right of Nova Scotia. Created October 21, 2016. Send comments to legc.office@novascotia.ca.