BILL 61



An Act to Amend the Municipal Elections Act

Her Majesty, by and with the consent of the Legislative Assembly of New Brunswick, enacts as follows:

1Section 1 of the Municipal Elections Act, chapter M-21.01 of the Acts of New Brunswick, 1979, is amended

(a)by adding the following definitions in alphabetical order:

"register of electors" means the register of electors established and maintained by the Chief Electoral Officer under the Elections Act;

(b)by repealing the definition "Minister";

(c)by repealing the definition "election officer" and substituting the following:

"election officer" includes the Municipal Electoral Officer, the Assistant Municipal Electoral Officer, every municipal returning officer, deputy returning officer, supervisory deputy returning officer, election clerk, poll clerk, information officer, enumerator, constable, or any other person having any duty to perform under this Act to the faithful performance of which duty he or she may be sworn;

2Section 2 of the Act is amended by striking out "Minister" and substituting "Municipal Electoral Officer".

3Section 3.1 of the Act is amended

(a)in subsection (2) by adding "of Municipalities, Culture and Housing" after "Minister";

(b)in subsection (3) by adding "of Municipalities, Culture and Housing" after "Minister".

4Section 6 of the Act is amended

(a)by repealing subsection (1) and substituting the following:

6(1)The Lieutenant-Governor in Council, on the recommendation of the Municipal Electoral Officer, may appoint a municipal returning officer for each municipality who shall carry out the duties prescribed by this Act in respect of the municipality for which he or she is appointed.

(b)in subsection (2) by striking out "deputy municipal electoral officer" and substituting "municipal returning officer";

(c)in subsection (3) by striking out "deputy municipal electoral officer" and substituting "municipal returning officer".

5Subsection 7(2) of the Act is amended by striking out "deputy municipal electoral officers" and substituting "municipal returning officers".

6Section 10 of the act is amended

(a)in subsection (1) by striking out "deputy municipal electoral officers" and substituting "municipal returning officers";

(b)in subsection (2) by striking out "deputy municipal electoral officers" and substituting "municipal returning officers".

7Section 11 of the Act is amended

(a)in subsection (1) by adding "who, based on information available to the Municipal Electoral Officer appear to be" after "persons";

(b)by adding after subsection (1) the following:

11(1.1)It shall be presumed that if a person's name is included on a preliminary list of voters that such person is entitled to vote in an election under this Act.

(c)in paragraph 2(c) by adding "civic" before "address";

(d)by adding after subsection (2) the following:

11(3) The Municipal Electoral Officer shall, within ten days of commencing preparation of the preliminary lists, mail to all persons on a preliminary list notice, in a form prescribed by regulation, advising all persons of the polling division and polling station at which they are listed as entitled to vote in the event an election is held in that municipality.

11(4)If a triennial election is being conducted and the Municipal Electoral Officer is unable to contact persons on a preliminary list by mail, the Municipal Electoral Officer shall publish, post, transmit or otherwise convey information relating to the election to persons on a preliminary list.

11(5)Where a by-election is being conducted the Municipal Electoral Officer shall publish information relating to the by-election.

11(6)Following completion of the preliminary lists, the Municipal Electoral Officer shall publish in a newspaper having general circulation in each municipality or rural community a notice of revision of the voters list, setting out the place and times at which revisions to the preliminary list may be made under section 12.

8Section 12 of the Act is amended

(a)by repealing subsection (1) and substituting the following:

12(1)The preliminary list of voters shall be open for correction, confirmation, the addition of names of persons eligible to vote, and the striking off of names of persons not eligible to vote in that municipality, on application to each municipal returning officer at any time during regular business hours from and including the twelfth day before polling day to and including the fourth day before polling day.

(b)in subsection (2)

(i)in the portion preceding paragraph (a) by striking out "The Municipal Electoral Officer" and substituting "Each municipal returning officer";

(ii)in paragraph (c) by striking out "presiding officer" and substituting "deputy returning officer".

9Section 12.1 of the Act is amended

(a)by repealing subsection (1) and substituting the following:

12.1(1) The municipal returning officers shall make information on the voters list about individual voters available to the individual concerned for confirmation or correction.

(b)by adding after subsection (1) the following:

12.1(1.1)The municipal returning officers shall, on request, indicate to any person if the name of any other person is included in the preliminary list, but shall not disclose the address of any person named in the preliminary list to any other person without the consent of the person named.

(c)in subsection (4) by adding "or in accordance with any arrangement that may be entered into between the Chief Electoral Officer and the Chief Electoral Officer for Canada concerning the register of electors and the preparation of lists of voters," after "Except for the purposes of this Act.".

10Paragraph 13(2)(d) of the Act is amended by striking out "deputy municipal electoral officer" and substituting "municipal returning officer".

11Subsection 14(2) of the Act is repealed and the following substituted:

14(2)Notwithstanding anything in this Act, for the purposes of a triennial election, a person who, at the time of preparation of the preliminary list is duly registered and in attendance at a recognized educational institution, and for such purposes resides in a polling division other than that in which he or she ordinarily resides and if he or she is otherwise qualified as an elector, is entitled to have his or her name entered on the list of electors for the polling division in which he or she ordinarily resides or on the preliminary list for the polling division in which he or she resides at the time of preparation of the preliminary list, and to vote in either one of such polling divisions as he or she may elect but he or she may vote only in one division.

12Section 16 of the Act is amended

(a)in subsection (1) by striking out "deputy municipal electoral officer" and substituting "municipal returning officer";

(b)in subsection (3) by striking out "deputy municipal electoral officer" and substituting "municipal returning officer";

(c)in subsection (4) by striking out "deputy municipal electoral officer" and substituting "municipal returning officer".

13Section 17 of the Act is amended

(a)in paragraph (1)(b) by striking out "deputy municipal electoral officer" and substituting "municipal returning officer";

(b)by repealing subsection (2) and substituting the following:

17(2)The municipal returning officer shall not receive or act on a nomination paper unless

(a)the written consent of the candidate appears thereon,

(b)it is accompanied by a deposit of fifty dollars in legal tender or a certified cheque made payable to the Minister of Finance, and

(c)the municipal returning officer is satisfied that at least twenty-five of the nominators are entitled to vote at the election under this Act.

(c)by adding after subsection (2) the following:

17(2.1)The municipal returning officer shall not accept any deposit until after all the other steps necessary to complete the nomination of the candidate have been taken, and upon accepting a deposit shall give to the person by whom it is paid a receipt that shall be prima facie evidence that the candidate has been duly and regularly nominated.

17(2.2)Every deposit shall forthwith after its receipt be transmitted by the municipal returning officer to the Municipal Electoral Officer who shall transmit it to the Minister of Finance.

17(2.3)The sum deposited by a candidate shall be returned by the Minister of Finance in the event the candidate is elected or obtains a number of votes equal to at least one-half the number of votes polled in favour of any candidate elected who was a candidate for the same office, and if not so returned shall be paid into the Consolidated Fund of the Province.

17(2.4)In the case of the death of any candidate after being nominated and before the close of the polls, the amount deposited shall be returned to the personal representative of the candidate.

(d)by repealing subsection (3) and substituting the following:

17(3)A nomination is not void by reason that after the municipal returning officer is satisfied that at least twenty-five of the nominators were entitled to vote at the election, it is determined that less than twenty-five were entitled.

(e)in subsection (5) by striking out "and where such death would result in the election of a candidate by acclamation,".

14Paragraph 18(2)(d) of the Act is repealed and the following substituted:

(d)is a municipal returning officer, deputy returning officer, supervisory deputy returning officer, poll clerk, information officer, constable, or scrutineer for the election,

15Subsection 20(1) of the Act is amended

(a)in the portion preceding paragraph (a) by striking out "the municipal electoral officer" and substituting "each municipal returning officer";

(b)in paragraph (b) by striking out "and" at the end of the paragraph;

(c)by adding after paragraph (b) the following:

(b.1)the dates and times during which the preliminary list of voters is open for revision at the office of the municipal returning officer, and

16Subsection 22(1) of the Act is amended:

(a)by repealing paragraph (a) and substituting the following:

(a)a deputy returning officer for each polling station,

(b)by adding after paragraph (a) the following:

(a.1)a supervisory deputy returning officer where four or more polling stations are located in one building,

17 Section 23 of the Act is amended

(a)in subsection (1) of the English version by striking out "agent" and substituting "scrutineer";

(b)in subsection (2) by striking out "agent" and substituting "scrutineer";

(c)in subsection (3) in the portion preceding paragraph (a) by striking out "agent" and substituting "scrutineer";

(d)in subsection (4) in the portion preceding paragraph (a) by striking out "agent" and substituting "scrutineer";

(e)in paragraph (5)(a) and (b) by striking out "agent" and substituting "scrutineer".

18Section 25 of the Act is amended

(a)in subsection (1) by striking out "deputy municipal electoral officer" and substituting "municipal returning officer";

(b)in subsection (2) by striking out "deputy municipal electoral officer" and substituting "municipal returning officer".

19Section 27 of the Act is amended

(a)in the portion preceding paragraph (a) by striking out "deputy municipal electoral officer" and "presiding officer" and substituting "municipal returning officer" and "deputy returning officer" respectively;

(b)in paragraph (a) of the English version by striking out "presiding officer" and substituting "deputy returning officer";

(c)in paragraph (e) by striking out "and" at the end of the paragraph;

(d)by adding after paragraph (e) the following:

(e.1)a braille facsimile of the ballot; and

20Section 28 of the Act is amended

(a)in subsection (5) of the English version in the portion preceding paragraph (a) by striking out "who is on the voting list and";

(b)in subsection (6) of the English version by striking out "presiding officer" and substituting "deputy returning officer";

(c)by adding after subsection (6) the following:

28(6.1)Where the name of a person who applies to vote at an advance poll does not appear on the voters list for the municipality, the person applying to vote shall, before completing the declaration required under subsection (6), apply to have his or her name added to the voters list in accordance with subsection 36(3).

(d)in subsection (7) by striking out "presiding officer" and "deputy municipal electoral officer" and substituting "deputy returning officer" and "municipal returning officer" respectively;

(e)in subsection (8) by striking out "deputy municipal electoral officer" and "presiding officer" and substituting "municipal returning officer" and "deputy returning officer" respectively;

(f)in subsection (10)

(i)in the portion preceding paragraph (a) by striking out "presiding officer" and substituting "deputy returning officer";

(ii)in paragraph (a) by striking out "agents" and substituting "scrutineers";

(g)in subsection (11)

(i)in the portion preceding paragraph (a) by striking out "presiding officer" and substituting "deputy returning officer";

(ii)in paragraph (a) by striking out "agents" and substituting "scrutineers";

(h)in subsection (12) in the portion preceding paragraph (a) by striking out "presiding officer" and "agents" and substituting "deputy returning officer" and "scrutineers" respectively;

(i)in subsection (13) by striking out "presiding officer" and "agents" and substituting "deputy returning officer" and "scrutineers" respectively;

(j)in subsection (14) by striking out "presiding officer" and substituting "deputy returning officer";

(k)in subsection (15) by striking out "presiding officer" and "agent" and substituting "deputy returning officer" and "scrutineer" respectively;

(l)in subsection (16) by striking out "presiding officer" and "deputy municipal electoral officer" and substituting "deputy returning officer" and "municipal returning officer" respectively;

(m)in subsection (17)

(i) in the portion preceding paragraph (a) by striking out "presiding officer" and substituting "deputy returning officer";

(ii)in paragraph (a) by striking out "deputy municipal electoral officer" and substituting municipal returning officer";

(iii)in paragraph (b) by striking out "agents" and substituting "scrutineers";

(iv)in paragraph (c) by striking out "presiding officer" and substituting "deputy returning officer".

21Section 30 of the Act is amended

(a)by repealing subsection (1) and substituting the following:

30(1)Before the opening of the poll each deputy returning officer, supervisory deputy returning officer, poll clerk, information officer, constable and scrutineer shall take the oath of office prescribed by regulation.

(b)by repealing subsection (2) and substituting the following:

30(2)A deputy returning officer or supervisory deputy returning officer may be sworn before the municipal returning officer or a commissioner of oaths and after being sworn, may administer the oath of office to the poll clerk, information officer, constables and scrutineers.

22Section 31 of the Act is amended

(a)in subsection (1) by striking out "presiding officer" and substituting "deputy returning officer";

(b)in subsection (2) by striking out "presiding officer" and substituting "deputy returning officer";

(c)by repealing subsection (3) and substituting the following:

31(3)During the holding of the poll, no person shall be present in the polling station other than the Municipal Electoral Officer, the municipal returning officer, the deputy returning officer, a supervisory deputy returning officer, the poll clerk, an information officer, the election clerk, the candidates, the scrutineers, and any voters for the time being actually engaged in voting, but the deputy returning officer may have present any constable or peace officer for the purpose of maintaining order or preserving the peace.

23Section 32 of the Act is amended

(a)in subsection (1) in the portion preceding paragraph (a) by striking out "presiding officer" and substituting "deputy returning officer";

(b)in paragraph (1)(a) by striking out "agents" and substituting "scrutineers";

(c)by repealing subsection (2) and substituting the following:

32(2)The deputy returning officer shall notify the municipal returning officer of any apparent violations of this Act.

(d)in subsection (3) in the portion preceding paragraph (a) by striking out "presiding officer" wherever it appears and substituting "deputy returning officer".

24Paragraph 33(b) of the Act is amended by striking out "presiding officer" and substituting "deputy returning officer and supervisory deputy returning officer, where appointed".

25 Section 34.1 of the Act is amended

(a)in subsection (1) by striking out "deputy municipal electoral officer" and "presiding officer" and substituting "municipal returning officer" and "deputy returning officer or supervisory deputy returning officer" respectively;

(b)in subsection (2) by striking out "presiding officer" wherever it appears and substituting "deputy returning officer, supervisory deputy returning officer";

(c)in subsection (3) by striking out "deputy municipal electoral officer" and substituting "municipal returning officer";

(d)in subsection (4) by striking out "deputy municipal electoral officer" and "presiding officer" wherever it appears and substituting "municipal returning officer" and "deputy returning officer" respectively;

(e)in subsection (5) by striking out "presiding officer" and substituting "deputy returning officer";

(f)in subsection (6) by striking out "presiding officer" and substituting "deputy returning officer";

(g)in subsection (7) by striking out "presiding officer" and substituting "deputy returning officer".

26Section 36 of the Act is amended

(a)in subsection (2) by striking out "presiding officer" wherever it appears and substituting "deputy returning officer";

(b)by repealing subsection (3) and substituting the following:

36(3)Where the name of a person proposing to vote is not on the voters list for the polling station, the person may have his or her name added to the voters list by taking an oath before the deputy returning officer or supervisory deputy returning officer in the form prescribed by regulation, and

(a)presenting two documents of identification, excluding financial cards and credit cards, one of which must include the person's name and signature and one of which must include the person's name and address, or

(b)being vouched for by an elector whose name appears on the voters list for the municipality and who personally attends at the polling station with the person proposing to vote and takes an oath in the form prescribed by regulation.

27Section 37 of the Act is amended

(a)in subsection (1) by striking out "agent" and "presiding officer" wherever it appears and substituting "scrutineer" and "deputy returning officer" respectively;

(b)in paragraph (3)(a) by striking out "presiding officer" and substituting "deputy returning officer";

(c)in paragraph (5)(d) by striking out "presiding officer" wherever it appears and substituting "deputy returning officer";

(d)in subsection (6) in the portion preceding paragraph (a) by striking out "presiding officer" and substituting "deputy returning officer".

28 Section 38 of the Act is amended

(a)in subsection (1) in the portion following paragraph (c) by striking out "presiding officer" and substituting "deputy returning officer";

(b)in subsection (3) by striking out "presiding officer and substituting "deputy returning officer";

(c)in subsection (4) by striking out "presiding officer and substituting "deputy returning officer".

29 Paragraph 38.1(b) of the Act is amended by striking out "presiding officer" and substituting "deputy returning officer".

30Section 38.2 of the Act is amended

(a)by repealing subsection (1) and substituting the following:

38.2(1)The deputy returning officer and poll clerk shall, on polling day, carry the ballot box, poll book, ballot papers and other necessary documents from room to room in the treatment centre and, in the discretion of the deputy returning officer, to a common area in the treatment centre, to take the vote of residents of the treatment centre who

(a)have been living and sleeping in the treatment centre for ten or more consecutive days immediately before polling day, or

(b)are ordinarily resident in the polling division in which the treatment centre is located,

and who are otherwise qualified as voters.

(b)in subsection (2) by striking out "presiding officer" wherever it appears and substituting "deputy returning officer".

31Section 38.3 of the Act is amended

(a)in paragraph (1)(a) by striking out "presiding officer" and substituting "deputy returning officer";

(b)in paragraph (1)(c) by striking out "deputy municipal electoral officer" and substituting "municipal returning officer";

(c)in subsection (2) by striking out "official agents and".

32Section 38.6 of the Act is amended by striking out "presiding officer" and substituting "deputy returning officer".

33The Act is amended by adding after section 39 the following:

39.1(1)Notwithstanding section 37(5), a person who is entitled to vote at an election and who has reason to believe that, because of absence, illness or incapacity, he or she will be unable to vote on the days set for the advance polls and on polling day, may apply in the manner and form prescribed by regulation to the municipal returning officer for a ballot paper.

39.1(2)An application under subsection (1) may be made at any time after the notice of election and shall be made in such time to allow for the return of the ballot paper at the time set out in subsections 39.3(4) or (5).

39.1(3)Prior to issuing a ballot paper the municipal returning officer shall:

(a)ensure that the name of the applicant is on the voters list for the municipality,

(b)if the ballot paper is to be issued to an agent, ensure that the agent is authorized to act on behalf of the applicant,

(c)enter in the special ballot poll book

(i)the applicant's name and address,

(ii)the name and number of the polling division in which the applicant resides, and

(d)ensure that the signature of the municipal returning officer appears on the back of the ballot paper and the certificate envelope.

39.1(4)The municipal returning officer shall issue a ballot paper by:

(a)forwarding it by certified mail or courier to the address of the voter shown on the application referred to in subsection (1), or

(b)giving it to the voter or to the agent who is authorized to receive the ballot paper.

39.1(5)The municipal returning officer shall not issue more than one ballot paper to each voter applying therefor except when a ballot paper is spoiled and is returned to the municipal returning officer.

39.1(6)No person shall act as an agent under this section for more than ten voters with respect to any election.

39.2(1)Ballot papers shall be printed on paper furnished to the municipal returning officer by the Municipal Electoral Officer, in the form prescribed by regulation, and shall include

(a)the names of the candidates and such information pertaining to the candidates as the Municipal Electoral Officer considers appropriate, and

(b)any question submitted to plebiscite.

39.2(2)Ballot papers shall have printed on the back thereof, as in the form prescribed by regulation,

(a)a space for the signature of the municipal returning officer, and

(b)the name of the municipality.

39.3(1)A municipal returning officer issuing a ballot paper pursuant to an application under section 39.1 shall provide with the ballot paper

(a)a sheet of instructions as to how the voter is to vote, and

(b)a ballot envelope and a certificate envelope in the form prescribed by regulation.

39.3(2)On receipt of the ballot paper the voter shall mark the ballot with a pencil or pen to indicate

(a)the name of the candidates for whom he or she votes, and

(b)the answer to any question submitted to plebiscite.

39.3(3)After marking the ballot paper in accordance with subsection (2) the voter shall

(a)place the marked ballot paper in the ballot envelope,

(b)seal the ballot envelope,

(c)place the ballot envelope in the certificate envelope, and

(d)complete and sign the certificate and seal the certificate envelope.

39.3(4)Subject to subsection (5), the sealed certificate envelope shall be returned to the municipal returning officer for the municipality in which the vote is to be counted no later than eight o'clock in the afternoon of the third day before polling day.

39.3(5)Where a voter is admitted to a public hospital during the period that falls within the third day before polling day and forty-eight hours before the closing of the poll, the certificate envelope may be returned to the municipal returning officer of the municipality in which the vote is to be counted no later than forty-eight hours before the closing of the poll.

39.3(6) The municipal returning officer shall, on receipt of the certificate envelope, determine if

(a)the certificate envelope is properly completed,

(b)the name on the certificate envelope is the same as that of a voter already recorded in the special ballot poll book, and

(c)the signature on the certificate envelope is the signature of a voter who has made application under section 39.1.

39.3(7)Where the municipal returning officer is satisfied that the requirements of subsection (6) have been met, the officer shall

(a)sign the certificate,

(b)enter on the voters list the words "special ballot" opposite the name of the voter, and

(c)record in the special ballot poll book in the appropriate column the date of receipt of the certificate envelope.

39.3(8)If a certificate envelope is received by a municipal returning officer after the times prescribed by subsection 39.3(4) or (5), the ballot it contains shall be considered a spoiled ballot and the certificate envelope shall be retained by the municipal returning officer, who shall record on it the reason for its rejection.

39.4(1)Each municipal returning officer who, under the authority of subsection 39.3(4) or (5), is in possession of certificate envelopes containing ballots shall safeguard the certificate envelopes until polling day.

39.4(2)Special ballots shall be counted on polling day at the office of the municipal returning officer as soon as possible after the closing of the ordinary polls, by a deputy returning officer and poll clerk engaged for such purpose who shall, in the presence of the municipal returning officer and such candidates and scrutineers as may attend, count the votes and take all other proceedings provided by this Act for deputy returning officers and poll clerks in connection with the conduct of an election after the close of the ordinary poll.

39.4(3)There shall be a ballot box provided for the counting of special ballots in the office of each municipal returning officer, and immediately prior to counting the special ballots the deputy returning officer shall, in full view of those present,

(a)open the ballot box and ascertain that there are no ballot papers or other papers or material contained therein,

(b)seal the ballot box with a metal or plastic seal prescribed by the Municipal Electoral Officer, and

(c)place the ballot box on a table in full view of all present and keep it so placed until all ballots have been placed in the ballot box.

39.4(4)Prior to counting the votes the deputy returning officer shall, in full view of those present, examine each certificate envelope and

(a)if satisfied as to the identity of the person signing the envelope, that such person is qualified to vote in the election and has not already voted, and that the certificate envelope has been signed by the municipal returning officer, shall remove the ballot envelope from the envelope, destroy the certificate envelope and deposit the ballot envelope in the ballot box, or

(b)if not satisfied in accordance with paragraph (a), retain the certificate envelope and treat the ballot in the certificate envelope as a spoiled ballot, and mark the envelope accordingly.

39.4(5)When all the certificate envelopes have been examined and such ballots as have not been treated as spoiled ballots have been placed in the ballot box, the deputy returning officer shall, in full view of those present, open the ballot box and proceed to count the votes.

39.4(6)In counting the votes the deputy returning officer shall reject all ballot papers that do not bear the signature of the municipal returning officer.

34Section 40 of the Act is amended

(a)in subsection (1) by striking out "presiding officer" and "agents" and substituting "deputy returning officer" and "scrutineers" respectively;

(b)in subsection (2) in the portion preceding paragraph (a) by striking out "presiding officer" and substituting "deputy returning officer";

(c)in subsection (4) in the portion preceding paragraph (a) by striking out "presiding officer" and substituting "deputy returning officer";

(d)in subsection (6) by striking out "agent" and substituting "scrutineer";

(e)in subsection (7) by striking out "presiding officer" and substituting "deputy returning officer";

(f)in subsection (8) in the portion preceding paragraph (a) by striking out "presiding officer" and substituting "deputy returning officer";

(g)in subsection (9)

(i)in the portion preceding paragraph (a) by striking out "presiding officer" and substituting "deputy returning officer";

(ii)in paragraph (b) by striking out "deputy municipal electoral officer" and substituting "municipal returning officer".

35Section 41 of the Act is amended

(a)in subsection (1) in the portion preceding paragraph (a) by striking out "presiding officer, the deputy municipal electoral officer" and substituting "deputy returning officer, the municipal returning officer";

(b)in subsection (2) in the portion preceding paragraph (a) by striking out "deputy municipal electoral officer" and substituting "municipal returning officer";

(c)in subsection (3) by striking out "deputy municipal electoral officer" and substituting "municipal returning officer";

(d)in subsection (4) by striking out "deputy municipal electoral officer" and substituting "municipal returning officer";

(e)in subsection (6) in the portion preceding paragraph (a) by striking out "deputy municipal electoral officer" and substituting "municipal returning officer".

36 Section 42 of the Act is amended

(a)by repealing subsection (1) and substituting the following:

42(1)Within ten days after an election, a candidate may file with a judge of The Court of Queen's Bench of New Brunswick a petition in the form prescribed by regulation requesting that a recount of votes be made and

(a)where by such petition the candidate establishes to the satisfaction of the judge, that a deputy returning officer, in counting the votes, improperly counted or improperly rejected any ballot papers or made an incorrect statement of the number of votes cast for any candidate, or that the deputy returning officer improperly added up the votes, and

(b)the petition is accompanied by a deposit of one hundred dollars as security for costs,

the judge shall fix a time and place for a recount and shall forthwith notify the Municipal Electoral Officer, the municipal returning officer and the candidate who filed the petition and such other candidates as the judge determines should be notified of such time and place.

(b)by repealing subsection (2) and substituting the following:

42(2)Notwithstanding subsection (1), where the report of the deputy returning officer discloses that there is a difference of not more than twenty-five votes between the number of votes cast for a candidate declared elected and a candidate who was not elected, a candidate may, within ten days after an election file a petition in the form prescribed by regulation with a judge of The Court of Queen's Bench of New Brunswick that a recount be made and the judge shall fix a time and place for a recount and shall forthwith notify the Municipal Electoral Officer, the municipal returning officer and the candidate who filed the petition and such other candidates as the judge determines should be notified of such time and place.

(c)in subsection (3) by striking out "deputy municipal electoral officer" and substituting "municipal returning officer";

(d)in subsection (4)

(i)in the portion preceding paragraph (a) by striking out "deputy municipal electoral officer" and substituting "municipal returning officer";

(ii)by repealing paragraph (b) and substituting the following:

(b)such other candidates as the judge required to be notified under subsection (1) or subsection (2),

(e)by repealing subsection (8) and substituting the following:

42(8)When the ballot papers have been examined and counted in accordance with this section, the judge shall forthwith sum up and announce the number of votes allowed for the candidate who filed the petition and each other candidate notified under subsection (1) or subsection (2), and declare elected the candidate or candidates having the highest number of votes among the candidates for whom the recount was carried out.

(f)in subsection (9) by striking out "deputy municipal electoral officer" and substituting "municipal returning officer";

(g)in subsection (10)

(i)in the portion preceding paragraph (a) by striking out "deputy municipal electoral officer" and substituting "municipal returning officer",

(ii)by repealing paragraph (a) and substituting the following:

(a)the name of the candidate who filed the petition,

(iii)by adding after paragraph (a) the following:

(a.1)such other candidates as the judge required to be notified under subsection (1) or subsection (2),

(iv)in paragraph (b) of the English version by adding "such" after "each";

(v)in paragraph (d) by adding "on the basis of the recount" after "elected";

(h)in subsection (11)

(i)in paragraph (a) by striking out "deputy municipal electoral officer" and substituting "municipal returning officer",

(ii)in paragraph (c) by striking out "Minister" and substituting "Municipal Electoral Officer";

(i)by repealing paragraph (12)(a) and substituting the following:

(a)order the costs of the candidate or candidates declared elected on the basis of the recount to be paid by the petitioner, and

(j)in subsection (13) by adding "or candidates" after "candidate".

37Section 43 of the Act is amended by adding after subsection (1) the following:

43(1.1)The Municipal Electoral Officer or the Chief Electoral Officer may make use of any information in any election documents to revise the register of electors following an election held under this Act.

38Section 45 of the Act is amended

(a)in subsection (1) by striking out "deputy municipal electoral officer" and substituting "municipal returning officer";

(b)in subsection (3) by striking out "deputy municipal electoral officer" and substituting "municipal returning officer";

(c)in subsection (4) by striking out "deputy municipal electoral officer" and substituting "municipal returning officer";

39Subsection 46(2) of the Act is amended by striking out "deputy municipal electoral officer" and substituting "municipal returning officer".

40Section 47 of the Act is amended by striking out "deputy municipal electoral officer" and substituting "municipal returning officer".

41Subsection 49(1) of the Act is amended by striking out "presiding officer" and substituting "deputy returning officer".

42Section 51 of the Act is amended in the portion preceding paragraph (a) by striking out "Every presiding officer, poll clerk or agent who" and substituting "Every deputy returning officer, supervisory deputy returning officer, poll clerk or scrutineer who".

43Paragraph 52(c) of the Act is amended by striking out "presiding officer" and substituting "deputy returning officer or supervisory deputy returning officer".

44Subsection 57(1) of the Act is amended

(a)in paragraph (b) by striking out "deputy municipal electoral officers" and substituting "municipal returning officers";

(b)in paragraph (c) by striking out "deputy municipal electoral officers" and substituting "municipal returning officers";

(c)in paragraph (h) by striking out "deputy municipal electoral officer" and substituting "municipal returning officer".

45Schedule A of the Act is amended

(a)by striking out

12.1(3) E

(b)by adding after

12.1(4) E

the following:

12.1(5) E

46(1)An Act to Amend the Municipal Elections Act, chapter 54 of the Acts of New Brunswick, 1997, is amended in section 1 by repealing the definition "appointed official".

46(2)Paragraph 5(c) of the Act is amended

(a)by striking out in subsection 15(3) as enacted by paragraph 5(c) "Subject to subsection (4) the" and substituting "The";

(b)by repealing subsection 15(4) as enacted by paragraph 5(c).

46(3)Section 6 of the Act is amended

(a)by striking out in subsection 17(4) as enacted by paragraph 6(d) "deputy municipal electoral officer" and substituting "municipal returning officer";

(b)by striking out in subsection 17(4.1) as enacted by paragraph 6(d) "deputy municipal electoral officer" and substituting "municipal returning officer";

(c)by striking out in subsection 17(4.2) as enacted by paragraph 6(d) "deputy municipal electoral officer" and "presiding officer" and substituting "municipal returning officer" and "deputy returning officer" respectively;

(d)by striking out in subsection 17(4.3) as enacted by paragraph 6(d) "presiding officer" and substituting "deputy returning officer".

46(4)Section 9 of the Act is repealed and the following substituted:

9The Act is amended by adding after section 22 the following:

22.1No person who is a family associate of a candidate may be appointed, act or continue to act as a deputy returning officer, supervisory deputy returning officer, election clerk, poll clerk, information officer or constable in any municipality in which that candidate may be elected.

46(5)Section 10 of the Act is repealed and the following is substituted:

10Section 28 of the Act is amended by repealing subsection (3) and substituting the following:

28(3)Advance polls shall be open between the hours of ten o'clock in the forenoons and eight o'clock in the afternoons of Saturday, Monday, Tuesday, Wednesday and Thursday, the ninth, seventh, sixth, fifth and fourth days before the ordinary polling day.

46(6)Section 11 of the Act is amended:

(a)in paragraph 31.1(a) by striking out "presiding officer" and substituting "deputy returning officer or supervisory deputy returning officer";

(b)by repealing paragraph 31.1(b) and substituting the following:

(b)by another election officer at the direction of the deputy returning officer or supervisory deputy returning officer, or

(c)in section 31.2

(i)in the portion preceding paragraph (a) by striking out "deputy municipal electoral officer" and substituting "municipal returning officer";

(ii)in paragraph (b) by striking out "deputy municipal electoral officer" and substituting "municipal returning officer".

46(7)Section 13 of the Act is amended by repealing subsection 42(5) and substituting the following:

42(5)The judge shall examine singly, and in the presence of those attending, all ballot papers counted or rejected by the deputy returning officer, as the case may be, and during the course of such examination keep a count of votes cast for the candidate who filed the petition and each other candidate notified under subsection (1) or subsection (2) and reject as void and not count all ballot papers referred to in subsection 40(2).

47This Act comes into force on February 27, 1998.

EXPLANATORY NOTES

Section 1

(a)Definitions are added.

(b)The existing definition is as follows:

"Minister" means the Minister of Municipalities, Culture and Housing;

(c)The existing definition is as follows:

"election officer" includes the Municipal Electoral Officer, the Assistant Municipal Electoral Officer, every deputy municipal electoral officer, presiding officer, election clerk, poll clerk or any other person having any duty to perform under this Act to the faithful performance of which duty he may be sworn.

Section 2

The amendment provides that the Municipal Electoral Officer shall be responsible for the general administration of the Act.

Section 3

(a) and (b)The amendments are consequential on the amendment made in subsection 1(b) of this Act.

Section 4

(a)The existing provision is as follows:

6(1)The Minister may appoint a deputy municipal electoral officer for each municipality who shall carry out the duties prescribed by this Act in respect of the municipality for which he is appointed.

(b) and (c)The amendments substitute municipal returning officer for deputy municipal electoral officer.

Section 5

The amendment substitutes municipal returning officers for deputy municipal electoral officers.

Section 6

The amendments substitute municipal returning officers for deputy municipal electoral officers.

Section 7

(a)the existing provision is as follows:

11(1)On the Monday following the twentieth day of March in the year that an election is to be held, the Municipal Electoral Officer shall commence the preparation of a preliminary list in alphabetical order by surname of the person entitled to vote in each polling division.

(b)The new subsection provides that if a person's name is found on the preliminary voters list, then it may be presumed that the person is entitled to vote.

(c)The existing provision is as follows:

11(2)(c)the address of each voter shall be entered on the preliminary list.

(d)The new subsection 11(3) requires the Municipal Electoral Officer to contact each person on a preliminary voters list and to provide voting information.

The new subsection 11(4) requires that Municipal Electoral Officer to publish notice of the revision of the voters list.

Section 8

(a) and (b)The existing provisions are as follows:

12(1)On application of the Municipal Electoral Officer at any time prior to the day of close of nominations under subsection 15(1), the preliminary list shall be opened for correction, the addition of names of person eligible to vote and the striking off of names of persons not eligible to vote.

12(2)The Municipal Electoral Officer shall:

(a)complete the voters list,

(b)divide it into separate alphabetical lists for each of the polling stations, and

(c)certify the separate lists for the use of the presiding officer at each polling station.

Section 9

(a) and (b)The existing provisions are as follows:

12.1(1)The Municipal Electoral Officer shall make available a copy of the voters list for public inspection until the close of the poll at polling day.

12.1(4)Except for the purposes of this Act, the Municipal Electoral Officer or any other person employed in the administration of this Act shall not provide a voters list or a copy of the voters list to any person.

Section 10

The amendment substitutes Municipal Returning Officer for Deputy Municipal Electoral Officer.

Section 11

The existing provision is as follows:

14(2)Where a person is a student and is domiciled in the Province, that student is ordinarily resident for the purposes of this Act where he is domiciled.

Section 12

(a)The amendment substitutes municipal returning officer for deputy municipal electoral officer.

(b)The amendment substitutes municipal returning officer for deputy municipal electoral officer.

(c)The amendment substitutes municipal returning officer for deputy municipal electoral officer.

Section 13

(a)The amendment substitutes municipal returning officer for deputy municipal electoral officer.

(b)The existing provision is as follows:

17(2)The deputy municipal electoral officer shall not receive or act upon a nomination paper unless the written consent of the candidate appears thereon and unless the deputy municipal electoral officer is satisfied that at least ten of the nominators are entitled to vote at the election under this Act.

(c)The new subsections 17(2.1), 17(2.2), 17(2.3) and 17(2.4) require that candidates pay a deposit. The deposit is refundable to the winning candidate and any candidate who receives fifty percent of the vote of any winning candidate for the same office. The amendments provide for the return of the deposit in the case of death of the candidate.

(d)The existing provision is as follows:

17(3)A nomination is not void by reason that subsequent to the deputy municipal electoral officer being satisfied that at least ten of the nominators were entitled to vote at the election, it is determined that less than ten nominators were entitled.

(e) The amendment provides for countermanding in the event of any candidate's death. The existing provision is as follows:

17(5)Where a candidate dies after the close of nomination and before the poll has closed, and where such death would result in the election of a candidate by acclamation, the Municipal Electoral Officer, upon being satisfied of the fact of the death, shall countermand notice of the poll and as soon as is practicable fix a date for a by-election to be held within three months after the election.

Section 14

The existing provision is as follows:

18(2)(d)is a presiding officer, poll clerk, constable or agent for the election,

Section 15

(a) and (b)The existing provision is as follows:

20(1)As soon as practicable after granting the poll and before the Thursday of the second week preceding the week during which the election is held, the Municipal Electoral Officer shall give notice of the grant of the poll which notice shall include

(a)the names of the candidates,

(b)the date and hours during which the polls and advance polls are open, and

(c)such other information as the Municipal Electoral Officer considers necessary.

(c)The new paragraph (b.1) requires the Municipal Electoral Officer to include in the notice to the grant of the poll the dates and times during which the voters preliminary list may be revised.

Section 16

(a)The amendment substitutes deputy returning officer for presiding officer.

(b)The new paragraph (a.1) provides that the Municipal Electoral Officer will appoint a supervisor Deputy Returning Officer where four or more polling stations are located in one building.

Section 17

(a) to (e)The amendments substitute scrutineer for agent.

Section 18

(a) and (b)The amendments substitute municipal returning officer for deputy municipal electoral officer.

Section 19

(a)The amendment substitutes municipal returning officer and deputy returning officer for deputy municipal electoral officer and presiding officer.

(b)The amendment substitutes Deputy Returning officer for presiding officer;

(c)The existing provision is as follows:

27The deputy municipal electoral officer shall furnish each presiding officer with the following:...

(d)The new paragraph (e.1) requires the municipal returning officer to provide a braille facsimile of the ballot to each deputy returning officer.

Section 20

(a)The amendment provides that any person entitled to vote may vote at an advance poll. The existing provision is as follows:

28(5)The privilege of voting at the advance poll extends only to a person entitled to vote who is on the voting list and who...

(b)The amendment substitutes deputy returning officer for presiding officer.

(c) The new subsection 28(6.1) stipulates that where a person's name, does not appear on the voters list, that person is required to present identification or to be vouched for in order to have his name added to the voters list.

(d) to (m)The amendments substitute municipal returning officer, deputy returning officer and agent, for deputy municipal electoral officer, presiding officer and agent.

Section 21

(a) and (b)The existing provisions are as follows:

30(1)Before the opening of the poll each presiding officer, poll clerk and agent shall take the oath of office prescribed by regulation.

30(2)A presiding officer may be sworn before the deputy municipal electoral officer or a commissioner of oaths and after being sworn himself, he may administer the oath of office to the poll clerk and agents.

Section 22

(a) and (b)The amendments substitute deputy returning officer for presiding officer.

(c) The existing provision is as follows:

31(3) During the holding of the poll, no person shall be present in the polling station other than the Municipal Electoral Officer, the deputy municipal electoral officer, the presiding officer, the poll clerk, the election clerk, the candidates, the agents and any voters for the time being actually engaged in voting, but the presiding officer may have present any constable or peace officer for the purpose of maintaining order or preserving the peace.

Section 23

(a)The amendment substitutes deputy returning officer for presiding officer.

(b)The amendment substitutes scrutineers for agents.

(c)The existing provision is as follows:

32(2) The presiding officer shall notify the deputy municipal electoral officer of any apparent violations of this Act.

(d)The amendment substitutes deputy returning officer for presiding officer.

Section 24

The amendment substitutes deputy returning officer and supervisory deputy officer where appointed for presiding officer.

Section 25

(a) to (g)The amendments substitute municipal returning officer, deputy returning officer and agent for deputy municipal electoral officer, presiding officer and agent.

Section 26

(a)The amendment substitutes deputy returning officer for presiding officer.

(b)The existing provision is as follows:

36(3)Where the name of a person proposing to vote is not on the voters list for the polling station, the presiding officer shall so inform the person, but that person may have his name added to the voters list by signing in the presence of the presiding officer a statement of identification and a declaration in the form prescribed by regulation.

Section 27

(a)The amendments substitute deputy returning officer and scrutineer for presiding officer and agent.

(b) to (c)The amendments substitute deputy returning officer for presiding officer.

Section 28

(a) to (c)The amendments substitute deputy returning officer for presiding officer.

Section 29

The amendment substitutes deputy returning officer for presiding officer.

Section 30

(a)The existing provision is as follows:

38.2(1)The presiding officer and poll clerk shall, on polling day, carry the ballot box, poll book, ballot papers and other necessary documents from room to room in the treatment centre to take the vote of residents of the treatment centre who...

(b)The amendment substitutes deputy returning officer for presiding officer.

Section 31

(a)The amendment substitutes deputy returning officer for presiding officer;

(b)The amendment substitutes municipal returning officer for deputy municipal electoral officer.

(c)The existing provision is as follows:

38.3(2)Notwithstanding anything in section 23, the candidates and their offical agents and scrutineers may accompany the mobile polling station if the administrator of or person appointed by the treatment centre consents before polling day.

Section 32

The amendment substitutes deputy returning officer for presiding officer.

Section 33

The new sections 39.1, 39.2, 39.3 and 39.4 provide special ballots for those persons who are unable to vote on polling day and at the dates set for advance polls.

Section 34

(a) to (h)The amendments substitute municipal returning officer, deputy returning officer and scrutineer for deputy municipal returning officer, presiding office and agent.

Section 35

(a) to (f)The amendments substitute municipal returning officer and deputy returning officer for deputy municipal electoral officer and presiding officer.

Section 36

(a) and (b)The existing provisions are as follows:

42(1)Within ten days after an election, a candiate may file with a judge of The Court of Queen's Bench of New Brunswick a petition in the form prescribed by regulation requesting that the recount of votes be made and

(a)where by such petition the candiate establishes to the satisfaction of the judge, that a presiding officer, in counting the votes, improperly counted or improperly rejected any ballot papers or made an incorrect statement of the number of votes cast for any candidate, or that the presiding officer improperly added up the votes, and

(b)the petition is accompanied by a deposit of one hundred dollars as security for costs, the judge shall fix a time and place for a recount and shall forthwith notify the Municipal Electoral Officer, the deputy municipal electoral officer and the candiate who filed the petition and those candiates who ran directly against the candidate who filed the petition of such time and place.

42(2)Notwithstanding subsection (1), where the report of the presiding officer discloses that there is a difference of not more than twenty-five votes between the number of votes cast for the candiate declared elected and a candiate who was not elected, a candiate may, within ten days after an election file a petition in the form prescribed by regulation with a judge of The Court of Queen's Bench of New Brunswick that a recount be made and the judge shall fix a time and place for a recount and shall forthwith notify the Municipal Electoral Officer, the deputy municipal electoral officer and the candidate who filed the petition and those candiates who ran directly against the candidate who filed the petition of such time and place.

(c)The amendment substitutes municipal returning officer for deputy municipal electoral officer;

(d)(i)The amendment substitutes municipal returning officer for deputy municipal electoral officer.

(ii)The existing provision is as follows:

42(4)(b)those candidates who ran directly against the candidate who filed the petition,

(e)The existing provision is as follows:

42(8)When the ballot papers have all been examined and counted in accordance with this section, the judge shall forthwith sum up and announce the number of votes that he has allowed for each candidate, and declare elected the candidate or candidates to the required number, having the highest number of votes.

(f)The amendment substitutes municipal returning officer for deputy municipal electoral officer.

(g)The existing provision is as follows:

42(10)The judge shall then make and transmit forthwith to the deputy municipal electoral officer a written statement of the result of the recount and every such written statement shall show

(a)the names of the candidates,

(b)the number of votes allowed for each candidate,

(c)the number of ballot papers rejected, and

(d)the names of the candidates declared elected.

(h)The existing provision is as follows:

42(11) Where

(a)a petition is filed under subsection (1) and the candidate declared elected by a deputy municipal electoral officer is not so declared by the judge, or

(b)a petition is filed under subsection (2),

the judge shall

(c)order the costs of all parties to be paid by the Minister, and

(d)fix such costs in accordance with the schedule of costs prescribed by regulation.

(i)The existing provision is as follows:

42(12)Where a petition is filed under subsection (1) and the recount does not alter the result of the poll so as to affect the return, the judge shall

(a)order the costs of the candidate declared elected to be paid by the petitioner, and

(b)fix such costs in accordance with the schedule of costs prescribed by regulation.

(j)The existing provision is as follows:

42(13)The money deposited as security for costs shall, so far as is necessary, be paid out to the candidate in whose favor costs are awarded and if the deposit is insufficient that amount may be enforced by execution to be issued upon filing the order of the judge and a certificate showing the amount at which costs were fixed and an affidavit of the non-payment thereof.

Section 37

The new subsection 43(1.1) permits the Municipal Electoral Officer or Chief Electoral Officer, to use election information to revise the register of electors.

Section 38

(a) and (b)The amendments substitute municipal returning officer for deputy municipal electoral officer.

Section 39

The amendment substitutes municipal returning officer for deputy municipal electoral officer.

Section 40

The amendment substitutes municipal returning officer for deputy municipal electoral officer.

Section 41

The amendment substitutes deputy returning officer for presiding officer.

Section 42

The existing provision is as follows:

51Every presiding office, poll clerk or agent who...

Section 43

The amendment substitutes deputy returning officer or supervisory deputy returning officer for presiding officer.

Section 44

The amendments substitute municipal returning officer for deputy municipal electoral officer.

Section 45

(a)The amendment corrects an error;

(b)The amendment correct an omission.

Section 46 (An Act to Amend the Municipal Elections Act)

(1)The existing definition is as follows:

"appointed official" includes a presiding officer, poll clerk, constable and any other person appointed by the Municipal Electoral Officer, the assistant Municipal Electoral Officer, a deputy municipal electoral officer or any of their appointees;

(2)(a)The existing provision is as follows:

15(3)Subject to subsection (4) the Notice to be given under subsection (2) shall be given on a date that is

(a)not after the eleventh day before the day fixed for nominations, and

(b)not before the twenty-first day before the day fixed for the close of nominations.

(b)The existing provision is as follows:

15(4)On the eleventh day before the day fixed for the close of nominations of candidates for a by election the Municipal Electoral Officer shall give a Notice of Election containing:

(a)a list of the office to be filled;

(b)the day fixed for the close of nominations;

(c)any questions to be submitted to plebiscite; and

(d)the date on which the election is to be held.

(3)(a)The amendment substitutes municipal returning officer for deputy municipal electoral officer;

(b)The amendment substitutes municipal returning officer for deputy municipal electoral officer;

(c)The amendments substitute municipal returning officer and deputy returning officer for deputy municipal electoral officer and presiding officer;

(d)The amendment substitutes deputy returning officer for presiding officer.

(4)The existing provision is as follows :

22.1(1)No person who is a family associate of a candidate may be appointed, act or continue to act as:

(a)an appointed official at any polling station at which a ballot may be cast for that candidate; or

(b)a deputy municipal electoral officer or election clerk in any municipality in which that candidate may be elected.

22.1(2)Section 8 applies with the necessary modifications to an appointed officer, a deputy municipal electoral officer or an election clerk who is prohibited from acting or continuing to act by subsection(1).

(5)The existing provision is as follows:

28(3)Advance polls shall be open between the hours of ten o'clock in the forenoons and eight o'clock in the afternoons of Saturday and Monday, the ninth and seventh days before the ordinary polling day, and shall not be open at any other time.

(6)(a)The amendment substitutes deputy returning officer or supervisory deputy returning officer for presiding officer;

(b)The existing provision is as follows:

31.1No telephone, including a cellular telephone, or any other device that may be used to communicate directly or indirectly with another person shall be used in any room where a poll, including a mobile poll, is held during the time the poll remains open except

(b)an appointed official as directed by the presiding officer, or...

(c)The amendments substitute municipal returning officer for deputy municipal electoral officer.

(7)The existing provision is as follows:

42(5)The judge shall examine singly, and in the presence of those attending, all ballot papers respecting the candidates referred to in subsection (4) counted or rejected by the presiding officer, as the case may be, and during the course of such examination the judge shall count the votes cast for each such candidate and reject as void and not count all ballot papers referred to in subsection 40(2).

Section 47

Commencement provision.


Last Modified: 03:06pm , February 17, 1998