BILL NO. 68
(as introduced)
1st Session, 63rd General Assembly
Nova Scotia
67 Elizabeth II, 2018
Municipal Government Act (amended)
and
Halifax Regional Municipality Charter (amended)
Claudia Chender
Dartmouth South
First Reading: February 27, 2018
Second Reading:
Third Reading:Explanatory Note
This Bill amends the Municipal Government Act and the Halifax Regional Municipality Charter to establish a process for pregnant councillors or councillors who take parental leave to miss council and committee meetings for up to 52 consecutive weeks without permission or penalty.
An Act to Amend Chapter 18
of the Acts of 1998,
the Municipal Government Act,
and Chapter 39 of the Acts of 2008,
the Halifax Regional Municipality Charter
Be it enacted by the Governor and Assembly as follows:
1 Chapter 18 of the Acts of 1998, the Municipal Government Act, is amended by adding immediately after Section 16 the following Sections:- 16A (1) A councillor may
(a) declare a pregnancy by filing a letter, and the certificate of a physician or midwife confirming the councillor's pregnancy;
(b) declare becoming a parent through the birth of a child or children by filing a letter, and the certificate of a physician or midwife confirming the birth of the child or children of the councillor's spouse or domestic partner; or
(c) declare becoming a parent by the placement of a child or children in the care of the councillor for the purpose of adoption of a child or children pursuant to the law of the Province, by filing a letter of a duly authorized person with the Department of Community Services, confirming the placement for the purpose or adoption,
(2) The clerk shall report a declaration received pursuant to subsection (1) to the council forthwith.
(3) Subsection 17(4) and subclause 23(1)(d)(v) do not apply to a councillor who is absent for 52 consecutive weeks or less if the absence is the result of the councillor's pregnancy, or the councillor becoming a parent.
(4) Notwithstanding subsection 17(4), a councillor who has made a declaration pursuant to subsection (1) may miss council and committee meetings for 52 consecutive weeks or less, starting from the date on which the clerk receives the written declaration, without seeking leave of the council and without any deduction from the councillor's annual remuneration.
16B A municipality's code of conduct may not restrict the ability of a councillor to be absent from council meetings due to pregnancy or becoming a parent nor require a deduction from the councillor's remuneration for missing council or committee meetings due to pregnancy.
16C (1) A councillor who has made a declaration pursuant to subsection 16A(1) shall report the end of the leave to the clerk.
(2) The clerk shall report the end of the leave to the council.2 Chapter 39 of the Acts of 2008, the Halifax Regional Municipality Charter, is amended by adding immediately after Section 13 the following Sections:
- 13A (1) A councillor may
(a) declare a pregnancy by filing a letter, and the certificate of a physician or midwife confirming the councillor's pregnancy;
(b) declare becoming a parent through the birth of a child or children by filing a letter, and the certificate of a physician or midwife confirming the birth of the child or children of the councillor's spouse or domestic partner; or
(c) declare becoming a parent by the placement of a child or children in the care of the councillor for the purpose of adoption of a child or children pursuant to the law of the Province, by filing a letter of a duly authorized person with the Department of Community Services, confirming the placement for the purpose or adoption,
(2) The Clerk shall report a declaration received pursuant to subsection (1) to the Council forthwith.
(3) Subsection 14(4) and subclause 20(1)(d)(v) do not apply to a councillor who is absent for 52 consecutive weeks or less if the absence is the result of the councillor's pregnancy or the councillor becoming a parent.
(4) Notwithstanding subsection 14(4), a councillor who has made a declaration pursuant to subsection (1) may miss Council and committee meetings for 52 consecutive weeks or less, starting from the date on which the clerk receives the written declaration, without seeking leave of the council and without any deduction from the councillor's annual remuneration.
13B The Municipality's code of conduct may not restrict the ability of a councillor to be absent from Council meetings due to pregnancy or becoming a parent nor require a deduction from the councillor's remuneration for missing Council or committee meetings due to pregnancy.
13C (1) A councillor who has made a declaration pursuant to subsection 13A(1) shall report the end of the leave to the Clerk.
(2) The Clerk shall report the end of the leave to the Council.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2018 Crown in right of Nova Scotia. Created February 27, 2018. Send comments to legc.office@novascotia.ca.
