Dissolution of Legislative Assembly
3(1)A Legislative Assembly of the Province shall not be affected by the demise of the Crown.
3(2)The present and every future Legislative Assembly shall continue until dissolved by the Lieutenant-Governor.
3(3)Nothing in this section affects the power of the Lieutenant-Governor to prorogue or dissolve the Legislative Assembly at the Lieutenant-Governor’s discretion.
3(4)Subject to subsections (3), (5) and (6), a provincial general election shall be held on the third Monday in October in the fourth calendar year following the ordinary polling day for the most recently held provincial general election.
3(5)If the Premier is of the opinion that a Monday that would be an ordinary polling day under subsection (4) is not suitable for that purpose because it is in conflict with a day of cultural or religious significance or a federal election, the Premier may choose an alternative day in accordance with subsection (6) and shall provide advice to the Lieutenant-Governor that the provincial general election be held on that day.
3(6)The alternative day shall be one of the following:
(a)
if the date of a provincial general election under subsection (4) is not suitable because it is in conflict with a day of cultural or religious significance, the Monday immediately preceding or immediately following the Monday that would otherwise be the day on which the provincial general election would be held; or
(b)
if the date of a provincial general election under subsection (4) is not suitable because it is in conflict with a federal election, the third Monday in September or the third Monday in November in the fourth calendar year following the ordinary polling day for the most recently held provincial general election.
R.S.1973, c.L-3, s.2; 1983, c.4, s.13; 1999, c.21, s.1; 2007, c.57, s.1; 2017, c.33, s.1; 2023, c.16, s.1