BILL NO. 118

(as introduced)

1st Session, 63rd General Assembly
Nova Scotia
67 Elizabeth II, 2018

 

Government Bill

 

Municipal Government Act (amended)
and
Halifax Regional Municipality Charter (amended)

 

The Honourable Derek Mombourquette
Minister of Municipal Affairs



First Reading: April 6, 2018

(Explanatory Notes)

Second Reading: April 10, 2018

Third Reading: April 17, 2018 (LINK TO BILL AS PASSED)

Explanatory Notes

Clause 1 adds a definition of parental accommodation to the Municipal Government Act.

Clause 2 exempts a council member who is absent due to a parental accommodation from the automatic disqualification for council members who miss three consecutive meetings.

Clause 3 prohibits a council from making a policy with respect to a deduction from the remuneration of a council member who has been granted a parental accommodation and who has missed more than three council or committee meetings in a year.

Clause 4 permits a council member, who sits as a member of a municipal committee and is on parental accommodation, to miss more than three consecutive regular meetings without being disqualified as a committee member.

Clause 5 prevents a village commission from treating a parental accommodation as a vacancy.

Clause 6 exempts a village commissioner who is absent due to a parental accommodation from the automatic disqualification for a village commissioner who misses three consecutive meetings.

Clause 7 adds a definition of parental accommodation to the Halifax Regional Municipality Charter.

Clause 8 exempts a Council member who is absent due to a parental accommodation from the automatic disqualification for Council members who miss three consecutive meetings.

Clause 9 prohibits the Council from making a policy with respect to a deduction from the remuneration of a Council member who has been granted a parental accommodation and who has missed more than three council or committee meetings in a year.

Clause 10 permits a municipal committee member, who has been granted a parental accommodation, to miss more than three consecutive regular meetings without being disqualified as a committee member.

Clause 11 adds a definition of parental accommodation to the Municipal Elections Act.

Clause 12 amends the Municipal Elections Act to clarify that an absence for more than three consecutive regular meetings due to a parental accommodation is not grounds to declare an office vacant.

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,
Respecting Parental Accommodation

Be it enacted by the Governor and Assembly as follows:

MUNICIPAL GOVERNMENT ACT

1 Section 3 of Chapter 18 of the Acts of 1998, the Municipal Government Act, as amended by Chapter 9 of the Acts of 2000, Chapters 6 and 35 of the Acts 2001, Chapter 9 of the Acts of 2003, Chapter 40 of the Acts of 2006, Chapter 36 of the Acts of 2008, Chapter 64 of the Acts of 2010, Chapter 4 of the Acts of 2011, Chapter 63 of the Acts of 2012, Chapter 21 of the Acts of 2014 and Chapter 13 of the Acts of 2017, is further amended by adding immediately after clause (ay) the following clause:

    (aya) "parental accommodation" means a leave of absence by a council member or village commissioner due to

      (i) the pregnancy of the council member or village commissioner,

      (ii) the birth of the child of the council member or village commissioner, or

      (iii) the adoption of a child by the council member or village commissioner;

2 Section 17 of Chapter 18, as amended by Chapter 7 of the Acts of 2004, is further amended by adding immediately after subsection (4) the following subsection:

    (4A) Subsection (4) does not apply to a mayor or councillor who is absent for fifty-two or fewer consecutive weeks due to parental accommodation during a pregnancy or commenced within one year of a birth or adoption.

3 Subclause 23(1)(d)(v) of Chapter 18 is amended by adding ", other than persons on parental accommodation," immediately after "persons" in the second line.

4 Section 25 of Chapter 18 is amended by adding immediately after subsection (1) the following subsection:

    (1A) Subsection (1) does not apply to a council member who sits as a member of a municipal committee and who is absent for fifty-two or fewer consecutive weeks due to parental accommodation during a pregnancy or commenced within one year of a birth or adoption.

5 Section 411 of Chapter 18, as amended by Chapter 35 of the Acts of 2001, is further amended by adding immediately after subsection (1A) the following subsection:

    (1B) A vacancy in the office of a village commissioner does not occur by virtue of the village commissioner being absent for fifty-two or fewer consecutive weeks due to parental accommodation during a pregnancy or commenced within one year of a birth or adoption.

6 Section 412 of Chapter 18 is amended by adding "(1)" immediately after the Section number and adding immediately after subsection (1) the following subsection:

    (2) Clause (1)(c) does not apply to a village commissioner who is absent for fifty-two or fewer consecutive weeks due to a parental accommodation during a pregnancy or commenced within one year of a birth or adoption.

HALIFAX REGIONAL MUNICIPALITY CHARTER

7 Section 3 of Chapter 39 of the Acts of 2008, the Halifax Regional Municipality Charter, as amended by Chapters 16 and 64 of the Acts of 2010, Chapter 4 of the Acts of 2011, Chapter 63 of the Acts of 2012 and Chapter 13 of the Acts of 2017, is further amended by adding immediately after clause (av) the following clause:

    (ava) "parental accommodation" means a leave of absence by a Council member due to

      (i) the pregnancy of the Council member,

      (ii) the birth of the child of the Council member, or

      (iii) the adoption of a child by the Council member;

8 Section 14 of Chapter 39 is amended by adding immediately after subsection (4) the following subsection:

    (4A) Subsection (4) does not apply to the Mayor or a councillor who is absent for fifty-two or fewer consecutive weeks due to parental accommodation during a pregnancy or commenced within one year of a birth or adoption.

9 Subclause 20(1)(d)(v) of Chapter 39 is amended by adding ", other than persons on parental accommodation," immediately after "persons" in the second line.

10 Section 22 of Chapter 39 is amended by adding immediately after subsection (1) the following subsection:

    (1A) Subsection (1) does not apply to a Council member who sits as a member of a municipal committee and who is absent for fifty-two or fewer consecutive weeks due to parental accommodation during a pregnancy or commenced within one year of a birth or adoption.

MUNICIPAL ELECTIONS ACT

11 Subsection 2(1) of Chapter 300 of the Revised Statutes, 1989, the Municipal Elections Act, as amended by Chapter 38 of the Acts of 1990, Chapter 26 of the Acts of 1994, Chapter 18 of the Acts of 1998, Chapter 9 of the Acts of 2003, Chapter 46 of the Acts of 2007 and Chapter 68 of the Acts of 2011, is further amended by adding immediately after clause (v) the following clause:

    (va) "parental accommodation" means a leave of absence by a councillor due to

      (i) the pregnancy of the councillor,

      (ii) the birth of the child of the councillor, or

      (iii) the adoption of a child by the councillor;

12 Section 18 of Chapter 300, as amended by Chapter 6 of the Acts of 1991, Chapter 26 of the Acts of 1994, Chapter 18 of the Acts of 1998, Chapter 13 of the Acts of 1999 (2nd Session), Chapter 9 of the Acts of 2000, Chapter 9 of the Acts of 2003, Chapter 7 of the Acts of 2004 and Chapter 68 of the Acts of 2011, is further amended by adding immediately after subsection (6) the following subsection:

    (6A) Subsection (6) does not apply where the councillor is absent for fifty-two or fewer consecutive weeks due to parental accommodation during a pregnancy or commenced within one year of a birth or adoption.

 

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 April 17, 2018. Send comments to legc.office@novascotia.ca.

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