BILL NO. 191

1 Section 17C of Chapter 300 of the Revised Statutes, 1989, the Municipal Elections Act, as enacted by Chapter 9 of the Acts of 2000, is amended by adding immediately after subsection (6) the following subsection:

(6A) Notwithstanding subsection (6), the leave of absence of a person holding office as councillor expires immediately if the councillor has resigned as councillor in accordance with a policy made under Section 49A of the Municipal Government Act or Section 60B of the Halifax Regional Municipality Charter.

2 Chapter 18 of the Acts of 1998, the Municipal Government Act, is amended by adding immediately after Section 49 the following Section:

49A (1) In this Section, "candidate" means a councillor who is

(a) selected in a nomination contest or otherwise chosen with the person's consent by a political party registered under the Elections Act, the Canada Elections Act or the elections legislation of another province of Canada to be a candidate for that party; or

(b) confirmed as a candidate under the Elections Act, the Canada Elections Act or the elections legislation of another province of Canada,

for the representation of any electoral district in the House of Assembly, the House of Commons or the legislature of another province of Canada.

(2) A council shall make a policy respecting measures to be taken to address potential conflicts between a councillor's status as a candidate and the councillor's responsibilities as a councillor.

(3) A policy made under subsection (2) must address

(a) whether the councillor is required to resign as councillor and when the resignation must be effective;

(b) whether the councillor is required to take a leave of absence from the position of councillor and when the leave must be taken;

(c) whether a leave of absence required to be taken under clause (b) is with or without pay;

(d) whether a councillor may continue to serve as a councillor while a candidate;

(e) the duties a councillor may not undertake while a candidate; and

(f) the use of discretionary funds by a councillor while a candidate.

3 Chapter 39 of the Acts of 2008, the Halifax Regional Municipality Charter, is amended by adding immediately after Section 60A the following Section:

60B (1) In this Section, "candidate" means a councillor who is

(a) selected in a nomination contest or otherwise chosen with the person's consent by a political party registered under the Elections Act, the Canada Elections Act or the elections legislation of another province of Canada to be a candidate for that party; or

(b) confirmed as a candidate under the Elections Act, the Canada Elections Act or the elections legislation of another province of Canada,

for the representation of any electoral district in the House of Assembly, the House of Commons or the legislature of another province of Canada.

(2) The Council shall make a policy respecting measures to be taken to address potential conflicts between a councillor's status as a candidate and the councillor's responsibilities as a councillor.

(3) A policy made under subsection (2) must address

(a) whether the councillor is required to resign as councillor and when the resignation must be effective;

(b) whether the councillor is required to take a leave of absence from the position of councillor and when the leave must be taken;

(c) whether a leave of absence required to be taken under clause (b) is with or without pay;

(d) whether a councillor may continue to serve as a councillor while a candidate;

(e) the duties a councillor may not undertake while a candidate; and

(f) the use of discretionary funds by a councillor while a candidate.

4 This Act comes into force on such day the Governor in Council orders and declares by proclamation.