BILL 42 An Act to Amend the Legislative Assembly Act

BILL 42

 

An Act to Amend the Legislative Assembly Act

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

1 Section 2 of the French version of the Legislative Assembly Act, chapter L-3 of the Revised Statutes, 1973, is amended

(a) in subsection (1) by striking out "Lieutenant-gouverneur" and substituting "lieutenant-gouverneur";

(b) in subsection (2) by striking out "sa prorogation par le Lieutenant-gouverneur" and substituting "sa prorogation par le lieutenant-gouverneur".

2 Section 18 of the Act is repealed and the following is substituted:

18 The Speaker may vacate the office of Speaker by making a declaration to that effect in the House or by delivering to the Clerk of the Legislative Assembly a written resignation signed in the presence of two members and certified by them.

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

22.1 In sections 23 and 24

"Speaker" means the Speaker of the Legislative Assembly, but does not include

(a) a Deputy Speaker acting as Speaker under section 14 or 16,

(b) a member acting as Speaker under section 15 or 16, or

(c) a Deputy Speaker or a member acting as Speaker under section 17 or 18 of the Standing Rules of the Legislative Assembly of New Brunswick.

4 Section 23 of the Act is repealed and the following is substituted:

23(1) Subject to subsection (2), a member or member-elect may vacate his or her seat by delivering to the Speaker a written resignation signed in the presence of two members or two members-elect and certified by them.

23(2) If the office of Speaker is vacant, the Speaker is absent from the Province or is unable to act as Speaker or the member or member-elect who wishes to vacate his or her seat is the Speaker, a member or member-elect may vacate his or her seat by delivering to the Clerk of the Legislative Assembly a written resignation signed in the presence of two members or two members-elect and certified by them.

 

5 Section 24 of the Act is repealed and the following is substituted:

24(1) Subject to subsection (2), if a seat is vacant as the result of the death, resignation or otherwise of a member or member-elect, the Speaker, upon receiving the written certificate of two members or two members-elect to that effect, shall report the vacancy forthwith to the Lieutenant-Governor in Council.

24(2) If the office of Speaker is vacant, the Speaker is absent from the Province or is unable to act as Speaker or the member or member-elect who has died, resigned or otherwise ceased to be a member or member-elect is the Speaker, the Clerk of the Legislative Assembly, upon receiving a written certificate as described in subsection (1), shall report a vacancy referred to in that subsection to the Lieutenant-Governor in Council forthwith.

 

6 Subsection 29(5) of the French version of the Act is amended by striking out "les travaux secrétariat" and substituting "les travaux de secrétariat".

7 Subsection 15(1) of the Elections Act, chapter E-3 of the Revised Statutes, 1973, is amended by striking out "to the Chief Electoral Officer" and substituting "to the Speaker of the Legislative Assembly or the Clerk of the Legislative Assembly".

 

EXPLANATORY NOTES

Section 1

Typographical errors are corrected in the French version.

 

Section 2

With the amendment, a written resignation shall be delivered to the Clerk of the Legislative Assembly rather than to the Minister of Municipalities, Culture and Housing. The existing provision is as follows:

18 The Speaker may vacate the office of Speaker by a declaration to that effect in the House or by a written resignation to the Minister of Municipalities, Culture and Housing signed in the presence of and certified by two members.

 

Section 3

A definition is added.

Section 4

With the amendment, a written resignation shall be delivered to the Speaker rather than to the Chief Electoral Officer, and a new provision is added establishing the circumstances in which a written resignation may be delivered to the Clerk of the Legislative Assembly rather than to the Speaker. The existing provision is as follows:

23 Any member or member-elect may vacate his seat by a written resignation to the Chief Electoral Officer, signed in the presence of and certified by two members or two members-elect.

Section 5

With the amendment, the Speaker, rather than the Chief Electoral Officer, will be required to report a vacancy of a seat, and a new provision is added establishing the circumstances in which the requirement to report the vacancy of a seat is imposed on the Clerk of the Legislative Assembly rather than the Speaker. The existing provision is as follows:

 

24 In case of a vacancy by death, resignation or otherwise of a member or member-elect, the Chief Electoral Officer, upon being certified thereof in writing by two members or two members-elect, shall report the vacancy forthwith to the Lieutenant-Governor in Council.

 

Section 6

A typographical error is corrected in the French version.

Section 7

The amendment is consequential on the amendment made in section 5 of this amending Act. The existing provision is as follows:

15(1) Where a vacancy in the Legislative Assembly is certified to the Chief Electoral Officer as provided by section 24 of the Legislative Assembly Act, the Lieutenant-Governor in Council shall within one year from the date upon which the vacancy was so certified, direct the issue of a writ of election for the electoral district for which the vacancy occurred.