BILL NO. 43

(as passed)

2nd Session, 60th General Assembly
Nova Scotia
56 Elizabeth II, 2007



Government Bill



Municipal Elections Act
(amended)

CHAPTER 46 OF THE ACTS OF 2007



The Honourable Jamie Muir
Minister of Service Nova Scotia and Municipal Relations



First Reading: November 29, 2007 (LINK TO BILL AS INTRODUCED)

Second Reading: December 4, 2007

Third Reading: December 10, 2007

Royal Assent: December 13, 2007

An Act to Amend Chapter 300
of the Revised Statutes, 1989,
the Municipal Elections Act

Be it enacted by the Governor and Assembly as follows:

1 Clause 2(1)(n) of Chapter 300 of the Revised Statutes, 1989, the Municipal Elections Act, is repealed and the following clause substituted:

2 Subsection 3(1) of Chapter 300 is repealed and the following subsection substituted:

3 (1) Section 13 of Chapter 300, as amended by Chapter 26 of the Acts of 1994 and Chapter 9 of the Acts of 2003, is further amended by adding immediately after subsection (1) the following subsections:

(2) Subsection 13(8) of Chapter 300 is repealed and the following subsections substituted:

4 Subsection 24(1) of Chapter 300, as amended by Chapter 5 of the Acts of 2003 (2nd Session), is further amended by adding ", or the date set by the returning officer and approved by council, whichever is later," immediately after "May" in the second line.

5 Subsection 25(1) of Chapter 300, as amended by Chapter 5 of the Acts of 2003 (2nd Session), is further amended by striking out "and" immediately after clause (aa) and by adding immediately after clause (aa) the following clause:

6 Section 27 of Chapter 300 is amended by adding ", or the date set by the returning officer and approved by council, whichever is later," immediately after "June" in the first line.

7 Subsection 34(4) of Chapter 300, as enacted by Chapter 5 of the Acts of 2003 (2nd Session), is amended by striking out "votes" in the second line and substituting "voters".

8 Clause 39(1)(b) of Chapter 300 is repealed and the following clause substituted:

9 Subsection 41A(1) of Chapter 300, as enacted by Chapter 9 of the Acts of 2003, is amended by striking out "Wednesday" in the second and third lines and substituting "Friday the eighth day".

10 Subsection 44(4) of Chapter 300, as enacted by Chapter 9 of the Acts of 2003, is amended by adding "or all instalments or interim payments that are due as of nomination day have been paid" immediately after "paid" in the last line.

11 Section 50 of Chapter 300 is amended by

(a) adding "(1)" immediately after the Section number;

(b) striking out "at least two issues of a newspaper circulating in the municipality, not less than seven days apart," in the second, third and fourth lines and substituting "a newspaper circulating in the municipality"; and

(c) adding the following subsection:

12 Subsection 51(3) of Chapter 300, as amended by Chapter 9 of the Acts of 2003, is further amended by adding ", including any electronic copies of the list provided to the candidate, or the deletion or destruction of any electronic copies" immediately after "possession" in the fourth line.

13 Clause 67(1)(c) of Chapter 300 is amended by striking out "or stitched" in the first line.

14 Section 70 of Chapter 300, as enacted by Chapter 18 of the Acts of 1998, is amended by adding immediately after subsection (2) the following subsection:

15 Subsection 83(2) of Chapter 300, as amended by Chapter 5 of the Acts of 2003 (2nd Session), is further amended by striking out ", candidate" in the second line.

16 Subsection 92(1) of Chapter 300, as amended by Chapter 5 of the Acts of 2003 (2nd Session), is further amended by

(a) striking out "official" in the third and in the fifth lines and substituting in each case "final"; and

(b) striking out ", a candidate" in the second line of clause (b).

17 Clause 93(1)(c) of Chapter 300 is amended by striking out ", a candidate, his agent or an elector" in the second and third lines and substituting "or an agent".

18 Subsection 98(4) of Chapter 300 is amended by striking out "candidate," in the second line.

19 Clause 108(d) of Chapter 300 is repealed and the following clause substituted:

20 Subsection 114(6) of Chapter 300 is repealed and the following subsection substituted:

21 (1) Clause 123A(1)(g) of Chapter 300, as enacted by Chapter 18 of the Acts of 1998, is amended by striking out "for the school board election" in the second and third lines.

(2) Section 123A of Chapter 300, as enacted by Chapter 18 of the Acts of 1998 and amended by Chapter 9 of the Acts of 2000, is further amended by adding immediately after subsection (1) the following subsection:

(3) Subsection 123A(2) of Chapter 300 is repealed and the following subsections substituted:

22 Subsection 131(1) of Chapter 300 is amended by striking out "county court or of the" in the third and fourth lines.

23 Section 143 of Chapter 300 is repealed and the following Section substituted:

24 (1) Subsection 146A(1) of Chapter 300, as enacted by Chapter 9 of the Acts of 2003, is amended by striking out "or" in the second line and substituting ", electronically or by".

(2) Clause 146A(2)(b) of Chapter 300, as enacted by Chapter 9 of the Acts of 2003, is amended by adding "where applicable" immediately after "ballots".

(3) Subsection 146A(1) of Chapter 300, as enacted by Chapter 9 of the Acts of 2003, is amended by adding immediately after clause (c) the following clause:

(4) Section 146A of Chapter 300, as enacted by Chapter 9 of the Acts of 2003, is amended by adding immediately after subsection (5) the following subsection:

25 Clauses 150(a) and (b) of Chapter 300 are repealed.

26 Section 158 of Chapter 300 is amended by adding immediately after subsection (3) the following subsection:

27 Subsection 160(1) of Chapter 300 is repealed and the following subsection substituted:

28 Section 161 of Chapter 300 is amended by adding "or school board member" immediately after "councillor" in the first line.

29 Subsection 162(1) of Chapter 300 is amended by striking out "Appeal Division of the Supreme Court" in the second line and substituting "Nova Scotia Court of Appeal".

30 Clause 167(1)(b) of Chapter 300 is repealed.

31 Section 4 of Chapter 9 of the Acts of 2003, the Municipal Law Amendment (2003) Act, is repealed.

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


This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2007 Crown in right of Nova Scotia. Created December 19, 2007. Send comments to legc.office@gov.ns.ca.