BILL NO. 89

(as introduced)

3rd Session, 62nd General Assembly
Nova Scotia
66 Elizabeth II, 2017

Private Member's Bill

Education Act (amended)
and
Municipal Elections Act (amended)

Lisa Roberts
Halifax Needham

First Reading: April 26, 2017

(Explanatory Notes)

Second Reading:

Third Reading:

Clause 1 includes persons acting in loco parentis to a child in the definitions of "entitled parent" and "entitled person" in the Education Act.

Clause 2 allows entitled persons to vote in elections for both the Conseil acadien and another school board.

Clause 3 allows a qualified African Nova Scotian elector to vote for both an African Nova Scotian member and another member for a school board, and allows a qualified African Nova Scotian elector who is also an "entitled person" to vote for an African Nova Scotian member, another member for a school board and for a member of the Conseil acadien.

Clause 4 allows permanent residents to be elected or appointed as members of school boards. It also prohibits a person from being nominated for election to more than one school board.

Clause 5 is consequential to changes made in Clauses 2 and 3.

Clause 6 allows permanent residents to vote in municipal elections.

Be it enacted by the Governor and Assembly as follows:

1 Clause 3(1)(t) of Chapter 1 of the Acts of 1995-96, the Education Act, is amended by striking out ", except in the definition of entitled parent," in the first and second lines.

2 (1) Subsection 13(2) of Chapter 1 is amended by

(a) striking out "or" immediately after "acadien" in the second line and substituting "and"; and

(b) striking out "but that person is not entitled to and shall not vote in the same election for both" in the fourth and fifth lines.

(2) Subsection 13(2A) of Chapter 1 is repealed.

3 (1) Subsection 42A(10) of Chapter 1, as enacted by Chapter 11 of the Acts of 2000, is amended by

(a) striking out "either" in the second line;

(b) striking out "or" immediately after clause (a) and substituting "and";

(c) striking out the comma and the end of clause (b) and substituting a period; and

(d) striking out "but not both." in the last line.

(2) Subsection 42A(11) of Chapter 1 is repealed and the following substituted:

4 (1) Clause 46(1)(a) of Chapter 1, as enacted by Chapter 18 of the Acts of 1998 and amended by Chapter 54 of the Acts of 2008, is further amended by adding "or a permanent resident as defined in the Immigration and Refugee Protection Act (Canada) and is" immediately after "citizen" in the first line.

(2) Clause 46(2)(c) of Chapter 1 is amended by adding "or nominated as a candidate for election to" immediately after "of" in the first line.

5 Subsection 49(2) of Chapter 1, as enacted by Chapter 9 of the Acts of 2003, is amended by striking out "A" in the first line and substituting "Subject to subsections 13(2), 42A(10) and 42A(11), a".

6 Clause 14(b) of Chapter 300 of the Revised Statutes, 1989, the Municipal Elections Act, as amended by Chapter 26 of the Acts of 1994 and Chapter 47 of the Acts of 2015, is further amended by adding "or a permanent resident as defined in the Immigration and Refugee Protection Act (Canada)" immediately after "citizen" in the first line.