5(1)Subject to subsections (1.1) to (1.13), the Chief Electoral Officer shall be appointed by the Lieutenant-Governor in Council on the recommendation of the Legislative Assembly.

5(1.1)Before an appointment is made under subsection (1), a selection committee shall be established for the purpose of identifying persons as potential candidates to be appointed Chief Electoral Officer.

5(1.11)The selection committee shall be composed of

5(1.12)The selection committee shall develop a roster of qualified candidates and submit a list of names of qualified candidates to the Lieutenant-Governor in Council.

5(1.13)The Premier shall consult with the leader of the opposition and the leaders of the other political parties having representation in the Legislative Assembly during the most recent sitting with respect to one or more qualified candidates from the selection committee’s list of qualified candidates.

5(1.2)Subject to subsection (1.3), the Chief Electoral Officer shall hold office for a term of ten years and is not eligible for reappointment.

5(1.3)The Lieutenant-Governor in Council may extend the term of the Chief Electoral Officer for a period of not more than 12 months.

5(1.4)The Chief Electoral Officer shall be paid an annual salary as determined by the Lieutenant-Governor in Council within the deputy head pay plan, and is entitled to receive benefits similar to those received by deputy heads.

5(1.5)The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the Chief Electoral Officer.

5(1.51)The Chief Electoral Officer shall not be a member of the Legislative Assembly and shall not hold any other office of trust or profit, other than his or her office as Chief Electoral Officer, without the prior approval by the Legislative Assembly.

5(1.6)The Chief Electoral Office may resign from office by notice in writing addressed to the Speaker of the Legislative Assembly or, if there is no Speaker or the Speaker is absent from the Province, to the Clerk of the Legislative Assembly.

5(1.7)The Speaker or the Clerk, as the case may be, shall immediately inform the Lieutenant-Governor in Council of the Chief Electoral Officer’s resignation.

5(1.8)The Chief Electoral Officer shall hold office during good behaviour and may only be removed by the Lieutenant-Governor in Council for incapacity, neglect of duty or misconduct upon an address in which 2/3 of the members of the Legislative Assembly concur.

5(1.9)The Lieutenant-Governor in Council, upon an address in which a majority of the members of the Legislative Assembly voting concur, may suspend the Chief Electoral Officer, with or without pay, pending an investigation that may lead to removal under subsection (1.8).

5(2)If the Legislature is not in session, a judge of The Court of King’s Bench of New Brunswick may, on an application by the Lieutenant-Governor in Council, suspend the Chief Electoral Officer, with or without pay, for incapacity, neglect of duty or misconduct.

5(2.1)If the Lieutenant-Governor in Council makes an application under subsection (2), the practice and procedure of The Court of King’s Bench of New Brunswick respecting applications applies.

5(2.2)If a judge of The Court of King’s Bench of New Brunswick suspends the Chief Electoral Officer under subsection (2), the judge shall do the following:

5(2.3)No suspension under subsection (2) shall continue beyond the end of the next session of the Legislature.

5(2.4)If the Chief Electoral Officer has been suspended under subsection (1.9), the Lieutenant-Governor in Council may appoint an acting Chief Electoral Officer to hold office until the suspension has elapsed.

5(2.5)An acting Chief Electoral Officer, while in office, has the powers and duties of the Chief Electoral Officer and shall be paid such salary or other remuneration and expenses as the Lieutenant-Governor in Council may fix.

5(2.6)The Lieutenant-Governor in Council may appoint an acting Chief Electoral Officer for a term of up to one year if

5(2.7)The appointment of an acting Chief Electoral Officer comes to an end when a new Chief Electoral Officer is appointed under subsection (1).

5(2.8)If the Chief Electoral Officer is unable to act because of illness, the Lieutenant-Governor in Council may appoint an acting Chief Electoral Officer, whose appointment comes to an end when the Chief Electoral Officer is again able to act or when the office becomes vacant.

5(2.9)An appointment under subsection (2.2), (2.4), (2.6) or (2.8) shall not impede a person’s subsequent appointment under subsection (1).

5(2.91)The Premier shall consult with the leader of the opposition before an appointment is made under subsection (2.4), (2.6) or (2.8).

5(3)The Chief Electoral Officer is an officer of the Legislative Assembly.

5(3.01)The office of the Chief Electoral Officer shall be known as Elections New Brunswick or Elections N.B.

5(3.1)Notwithstanding any other provision of this Act, the person holding office as Chief Electoral Officer immediately before the coming into force of this Act shall be deemed to be the Chief Electoral Officer appointed under subsection (1).

5(4)The Chief Electoral Officer shall

5(4.1)Before entering upon the exercise of his or her duties, the Chief Electoral Officer shall take an oath to well and truly perform the duties of the office.

5(4.2)The Speaker or the Clerk of the Legislative Assembly shall administer the oath referred to in subsection (4.1).

5(5)If during an election it transpires that insufficient time has been allowed or insufficient election officers or polling stations have been provided for the execution of any of the purposes of this Act, by reason of the operation of any provision of this Act or of any mistake or miscalculation or of any unforeseen emergency, the Chief Electoral Officer may, notwithstanding anything in this Act, extend the time for doing any act or acts, increase the number of election officers who have been appointed for the performance of any duty, or increase the number of polling stations, and, generally, the Chief Electoral Officer may adapt the provisions of this Act to the execution of its intent; but in the exercise of this discretion no votes shall be cast before or after the hours fixed by this Act for the opening and closing of the poll nor shall any nomination be received after the time fixed by this Act for the close of nominations.

5(1)Subject to subsections (1.1) to (1.13), the Chief Electoral Officer shall be appointed by the Lieutenant-Governor in Council on the recommendation of the Legislative Assembly.

5(1.1)Before an appointment is made under subsection (1), a selection committee shall be established for the purpose of identifying persons as potential candidates to be appointed Chief Electoral Officer.

5(1.11)The selection committee shall be composed of

5(1.12)The selection committee shall develop a roster of qualified candidates and submit a list of names of qualified candidates to the Lieutenant-Governor in Council.

5(1.13)The Premier shall consult with the leader of the opposition and the leaders of the other political parties having representation in the Legislative Assembly during the most recent sitting with respect to one or more qualified candidates from the selection committee’s list of qualified candidates.

5(1.2)Subject to subsection (1.3), the Chief Electoral Officer shall hold office for a term of ten years and is not eligible for reappointment.

5(1.3)The Lieutenant-Governor in Council may extend the term of the Chief Electoral Officer for a period of not more than 12 months.

5(1.4)The Chief Electoral Officer shall be paid an annual salary as determined by the Lieutenant-Governor in Council within the deputy head pay plan, and is entitled to receive benefits similar to those received by deputy heads.

5(1.5)The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the Chief Electoral Officer.

5(1.51)The Chief Electoral Officer shall not be a member of the Legislative Assembly and shall not hold any other office of trust or profit, other than his or her office as Chief Electoral Officer, without the prior approval by the Legislative Assembly.

5(1.6)The Chief Electoral Office may resign from office by notice in writing addressed to the Speaker of the Legislative Assembly or, if there is no Speaker or the Speaker is absent from the Province, to the Clerk of the Legislative Assembly.

5(1.7)The Speaker or the Clerk, as the case may be, shall immediately inform the Lieutenant-Governor in Council of the Chief Electoral Officer’s resignation.

5(1.8)The Chief Electoral Officer shall hold office during good behaviour and may only be removed by the Lieutenant-Governor in Council for incapacity, neglect of duty or misconduct upon an address in which 2/3 of the members of the Legislative Assembly concur.

5(1.9)The Lieutenant-Governor in Council, upon an address in which a majority of the members of the Legislative Assembly voting concur, may suspend the Chief Electoral Officer, with or without pay, pending an investigation that may lead to removal under subsection (1.8).

5(2)If the Legislature is not in session, a judge of The Court of Queen’s Bench of New Brunswick may, on an application by the Lieutenant-Governor in Council, suspend the Chief Electoral Officer, with or without pay, for incapacity, neglect of duty or misconduct.

5(2.1)If the Lieutenant-Governor in Council makes an application under subsection (2), the practice and procedure of The Court of Queen’s Bench of New Brunswick respecting applications applies.

5(2.2)If a judge of The Court of Queen’s Bench of New Brunswick suspends the Chief Electoral Officer under subsection (2), the judge shall do the following:

5(2.3)No suspension under subsection (2) shall continue beyond the end of the next session of the Legislature.

5(2.4)If the Chief Electoral Officer has been suspended under subsection (1.9), the Lieutenant-Governor in Council may appoint an acting Chief Electoral Officer to hold office until the suspension has elapsed.

5(2.5)An acting Chief Electoral Officer, while in office, has the powers and duties of the Chief Electoral Officer and shall be paid such salary or other remuneration and expenses as the Lieutenant-Governor in Council may fix.

5(2.6)The Lieutenant-Governor in Council may appoint an acting Chief Electoral Officer for a term of up to one year if

5(2.7)The appointment of an acting Chief Electoral Officer comes to an end when a new Chief Electoral Officer is appointed under subsection (1).

5(2.8)If the Chief Electoral Officer is unable to act because of illness, the Lieutenant-Governor in Council may appoint an acting Chief Electoral Officer, whose appointment comes to an end when the Chief Electoral Officer is again able to act or when the office becomes vacant.

5(2.9)An appointment under subsection (2.2), (2.4), (2.6) or (2.8) shall not impede a person’s subsequent appointment under subsection (1).

5(2.91)The Premier shall consult with the leader of the opposition before an appointment is made under subsection (2.4), (2.6) or (2.8).

5(3)The Chief Electoral Officer is an officer of the Legislative Assembly.

5(3.01)The office of the Chief Electoral Officer shall be known as Elections New Brunswick or Elections N.B.

5(3.1)Notwithstanding any other provision of this Act, the person holding office as Chief Electoral Officer immediately before the coming into force of this Act shall be deemed to be the Chief Electoral Officer appointed under subsection (1).

5(4)The Chief Electoral Officer shall

5(4.1)Before entering upon the exercise of his or her duties, the Chief Electoral Officer shall take an oath to well and truly perform the duties of the office.

5(4.2)The Speaker or the Clerk of the Legislative Assembly shall administer the oath referred to in subsection (4.1).

5(5)If during an election it transpires that insufficient time has been allowed or insufficient election officers or polling stations have been provided for the execution of any of the purposes of this Act, by reason of the operation of any provision of this Act or of any mistake or miscalculation or of any unforeseen emergency, the Chief Electoral Officer may, notwithstanding anything in this Act, extend the time for doing any act or acts, increase the number of election officers who have been appointed for the performance of any duty, or increase the number of polling stations, and, generally, the Chief Electoral Officer may adapt the provisions of this Act to the execution of its intent; but in the exercise of this discretion no votes shall be cast before or after the hours fixed by this Act for the opening and closing of the poll nor shall any nomination be received after the time fixed by this Act for the close of nominations.

5(1)Subject to subsections (1.1) to (1.13), the Chief Electoral Officer shall be appointed by the Lieutenant-Governor in Council on the recommendation of the Legislative Assembly.

5(1.1)Before an appointment is made under subsection (1), a selection committee shall be established for the purpose of identifying persons as potential candidates to be appointed Chief Electoral Officer.

5(1.11)The selection committee shall be composed of

5(1.12)The selection committee shall develop a roster of qualified candidates and submit a list of names of qualified candidates to the Lieutenant-Governor in Council.

5(1.13)The Premier shall consult with the leader of the opposition and the leaders of the other political parties having representation in the Legislative Assembly during the most recent sitting with respect to one or more qualified candidates from the selection committee’s list of qualified candidates.

5(1.2)Subject to subsection (1.3), the Chief Electoral Officer shall hold office for a term of ten years and is not eligible for reappointment.

5(1.3)The Lieutenant-Governor in Council may extend the term of the Chief Electoral Officer for a period of not more than 12 months.

5(1.4)The Chief Electoral Officer shall be paid an annual salary as determined by the Lieutenant-Governor in Council within the deputy head pay plan, and is entitled to receive benefits similar to those received by deputy heads.

5(1.5)The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the Chief Electoral Officer.

5(1.6)The Chief Electoral Office may resign from office by notice in writing addressed to the Speaker of the Legislative Assembly or, if there is no Speaker or the Speaker is absent from the Province, to the Clerk of the Legislative Assembly.

5(1.7)The Speaker or the Clerk, as the case may be, shall immediately inform the Lieutenant-Governor in Council of the Chief Electoral Officer’s resignation.

5(1.8)The Chief Electoral Officer shall hold office during good behaviour and may only be removed by the Lieutenant-Governor in Council for incapacity, neglect of duty or misconduct upon an address in which 2/3 of the members of the Legislative Assembly concur.

5(1.9)The Lieutenant-Governor in Council, upon an address in which a majority of the members of the Legislative Assembly voting concur, may suspend the Chief Electoral Officer, with or without pay, pending an investigation that may lead to removal under subsection (1.8).

5(2)If the Legislature is not in session, a judge of The Court of Queen’s Bench of New Brunswick may, on an application by the Lieutenant-Governor in Council, suspend the Chief Electoral Officer, with or without pay, for incapacity, neglect of duty or misconduct.

5(2.1)If the Lieutenant-Governor in Council makes an application under subsection (2), the practice and procedure of The Court of Queen’s Bench of New Brunswick respecting applications applies.

5(2.2)If a judge of The Court of Queen’s Bench of New Brunswick suspends the Chief Electoral Officer under subsection (2), the judge shall do the following:

5(2.3)No suspension under subsection (2) shall continue beyond the end of the next session of the Legislature.

5(2.4)If the Chief Electoral Officer has been suspended under subsection (1.9), the Lieutenant-Governor in Council may appoint an acting Chief Electoral Officer to hold office until the suspension has elapsed.

5(2.5)An acting Chief Electoral Officer, while in office, has the powers and duties of the Chief Electoral Officer and shall be paid such salary or other remuneration and expenses as the Lieutenant-Governor in Council may fix.

5(2.6)The Lieutenant-Governor in Council may appoint an acting Chief Electoral Officer for a term of up to one year if

5(2.7)The appointment of an acting Chief Electoral Officer comes to an end when a new Chief Electoral Officer is appointed under subsection (1).

5(2.8)If the Chief Electoral Officer is unable to act because of illness, the Lieutenant-Governor in Council may appoint an acting Chief Electoral Officer, whose appointment comes to an end when the Chief Electoral Officer is again able to act or when the office becomes vacant.

5(2.9)An appointment under subsection (2.2), (2.4), (2.6) or (2.8) shall not impede a person’s subsequent appointment under subsection (1).

5(2.91)The Premier shall consult with the leader of the opposition before an appointment is made under subsection (2.4), (2.6) or (2.8).

5(3)The Chief Electoral Officer is an officer of the Legislative Assembly.

5(3.01)The office of the Chief Electoral Officer shall be known as Elections New Brunswick or Elections N.B.

5(3.1)Notwithstanding any other provision of this Act, the person holding office as Chief Electoral Officer immediately before the coming into force of this Act shall be deemed to be the Chief Electoral Officer appointed under subsection (1).

5(4)The Chief Electoral Officer shall

5(4.1)Before entering upon the exercise of his or her duties, the Chief Electoral Officer shall take an oath to well and truly perform the duties of the office.

5(4.2)The Speaker or the Clerk of the Legislative Assembly shall administer the oath referred to in subsection (4.1).

5(5)If during an election it transpires that insufficient time has been allowed or insufficient election officers or polling stations have been provided for the execution of any of the purposes of this Act, by reason of the operation of any provision of this Act or of any mistake or miscalculation or of any unforeseen emergency, the Chief Electoral Officer may, notwithstanding anything in this Act, extend the time for doing any act or acts, increase the number of election officers who have been appointed for the performance of any duty, or increase the number of polling stations, and, generally, the Chief Electoral Officer may adapt the provisions of this Act to the execution of its intent; but in the exercise of this discretion no votes shall be cast before or after the hours fixed by this Act for the opening and closing of the poll nor shall any nomination be received after the time fixed by this Act for the close of nominations.

5(1)Subject to subsections (1.1) to (1.13), the Chief Electoral Officer shall be appointed by the Lieutenant-Governor in Council on the recommendation of the Legislative Assembly.

5(1.1)Before an appointment is made under subsection (1), a selection committee shall be established for the purpose of identifying persons as potential candidates to be appointed Chief Electoral Officer.

5(1.11)The selection committee shall be composed of

5(1.12)The selection committee shall develop a roster of qualified candidates and submit a list of names of qualified candidates to the Lieutenant-Governor in Council.

5(1.13)The Premier shall consult with the leader of the opposition and the leaders of the other political parties having representation in the Legislative Assembly during the most recent sitting with respect to one or more qualified candidates from the selection committee’s list of qualified candidates.

5(1.2)Subject to subsection (1.3), the Chief Electoral Officer shall hold office for a term of ten years and is not eligible for reappointment.

5(1.3)The Lieutenant-Governor in Council may extend the term of the Chief Electoral Officer for a period of not more than 12 months.

5(1.4)The Chief Electoral Officer shall be paid an annual salary as determined by the Lieutenant-Governor in Council within the deputy head pay plan, and is entitled to receive benefits similar to those received by deputy heads.

5(1.5)The Public Service Superannuation Act applies to the Chief Electoral Officer.

5(1.6)The Chief Electoral Office may resign from office by notice in writing addressed to the Speaker of the Legislative Assembly or, if there is no Speaker or the Speaker is absent from the Province, to the Clerk of the Legislative Assembly.

5(1.7)The Speaker or the Clerk, as the case may be, shall immediately inform the Lieutenant-Governor in Council of the Chief Electoral Officer’s resignation.

5(1.8)The Chief Electoral Officer shall hold office during good behaviour and may only be removed by the Lieutenant-Governor in Council for incapacity, neglect of duty or misconduct upon an address in which 2/3 of the members of the Legislative Assembly concur.

5(1.9)The Lieutenant-Governor in Council, upon an address in which a majority of the members of the Legislative Assembly voting concur, may suspend the Chief Electoral Officer, with or without pay, pending an investigation that may lead to removal under subsection (1.8).

5(2)If the Legislature is not in session, a judge of The Court of Queen’s Bench of New Brunswick may, on an application by the Lieutenant-Governor in Council, suspend the Chief Electoral Officer, with or without pay, for incapacity, neglect of duty or misconduct.

5(2.1)If the Lieutenant-Governor in Council makes an application under subsection (2), the practice and procedure of The Court of Queen’s Bench of New Brunswick respecting applications applies.

5(2.2)If a judge of The Court of Queen’s Bench of New Brunswick suspends the Chief Electoral Officer under subsection (2), the judge shall do the following:

5(2.3)No suspension under subsection (2) shall continue beyond the end of the next session of the Legislature.

5(2.4)If the Chief Electoral Officer has been suspended under subsection (1.9), the Lieutenant-Governor in Council may appoint an acting Chief Electoral Officer to hold office until the suspension has elapsed.

5(2.5)An acting Chief Electoral Officer, while in office, has the powers and duties of the Chief Electoral Officer and shall be paid such salary or other remuneration and expenses as the Lieutenant-Governor in Council may fix.

5(2.6)The Lieutenant-Governor in Council may appoint an acting Chief Electoral Officer for a term of up to one year if

5(2.7)The appointment of an acting Chief Electoral Officer comes to an end when a new Chief Electoral Officer is appointed under subsection (1).

5(2.8)If the Chief Electoral Officer is unable to act because of illness, the Lieutenant-Governor in Council may appoint an acting Chief Electoral Officer, whose appointment comes to an end when the Chief Electoral Officer is again able to act or when the office becomes vacant.

5(2.9)An appointment under subsection (2.2), (2.4), (2.6) or (2.8) shall not impede a person’s subsequent appointment under subsection (1).

5(2.91)The Premier shall consult with the leader of the opposition before an appointment is made under subsection (2.4), (2.6) or (2.8).

5(3)The Chief Electoral Officer is an officer of the Legislative Assembly.

5(3.01)The office of the Chief Electoral Officer shall be known as Elections New Brunswick or Elections N.B.

5(3.1)Notwithstanding any other provision of this Act, the person holding office as Chief Electoral Officer immediately before the coming into force of this Act shall be deemed to be the Chief Electoral Officer appointed under subsection (1).

5(4)The Chief Electoral Officer shall

5(4.1)Before entering upon the exercise of his or her duties, the Chief Electoral Officer shall take an oath to well and truly perform the duties of the office.

5(4.2)The Speaker or the Clerk of the Legislative Assembly shall administer the oath referred to in subsection (4.1).

5(5)If during an election it transpires that insufficient time has been allowed or insufficient election officers or polling stations have been provided for the execution of any of the purposes of this Act, by reason of the operation of any provision of this Act or of any mistake or miscalculation or of any unforeseen emergency, the Chief Electoral Officer may, notwithstanding anything in this Act, extend the time for doing any act or acts, increase the number of election officers who have been appointed for the performance of any duty, or increase the number of polling stations, and, generally, the Chief Electoral Officer may adapt the provisions of this Act to the execution of its intent; but in the exercise of this discretion no votes shall be cast before or after the hours fixed by this Act for the opening and closing of the poll nor shall any nomination be received after the time fixed by this Act for the close of nominations.

5(1)The Lieutenant-Governor in Council shall appoint a Chief Electoral Officer on the recommendation of the Legislative Administration Committee or such other committee of the Legislative Assembly as may be determined by resolution of the Legislative Assembly from time to time.

5(1.1)The Lieutenant-Governor in Council shall appoint a Chief Electoral Officer for a term of not less than eight years and not more than ten years.

5(1.2)The Lieutenant-Governor in Council may re-appoint a Chief Electoral Officer for one additional term of not more than five years.

5(1.3)If the term of a Chief Electoral Officer expires

5(1.4)The Lieutenant-Governor in Council may only remove the Chief Electoral Officer from office for cause.

5(2)The Lieutenant-Governor in Council shall fix the salary and benefits of the Chief Electoral Officer.

5(3)The Chief Electoral Officer is an officer of the Legislative Assembly.

5(3.01)The office of the Chief Electoral Officer shall be known as Elections New Brunswick or Elections N.B.

5(3.1)Notwithstanding any other provision of this Act, the person holding office as Chief Electoral Officer immediately before the coming into force of this Act shall be deemed to be the Chief Electoral Officer appointed under subsection (1).

5(4)The Chief Electoral Officer shall

5(4.1)Before entering upon the exercise of his or her duties, the Chief Electoral Officer shall take an oath to well and truly perform the duties of the office.

5(4.2)The Speaker or the Clerk of the Legislative Assembly shall administer the oath referred to in subsection (4.1).

5(5)If during an election it transpires that insufficient time has been allowed or insufficient election officers or polling stations have been provided for the execution of any of the purposes of this Act, by reason of the operation of any provision of this Act or of any mistake or miscalculation or of any unforeseen emergency, the Chief Electoral Officer may, notwithstanding anything in this Act, extend the time for doing any act or acts, increase the number of election officers who have been appointed for the performance of any duty, or increase the number of polling stations, and, generally, the Chief Electoral Officer may adapt the provisions of this Act to the execution of its intent; but in the exercise of this discretion no votes shall be cast before or after the hours fixed by this Act for the opening and closing of the poll nor shall any nomination be received after the time fixed by this Act for the close of nominations.

5(1)The Lieutenant-Governor in Council shall appoint a Chief Electoral Officer on the recommendation of the Legislative Administration Committee or such other committee of the Legislative Assembly as may be determined by resolution of the Legislative Assembly from time to time.

5(2)The Lieutenant-Governor in Council shall fix the salary of the Chief Electoral Officer.

5(3)The Chief Electoral Officer is an officer of the Legislative Assembly.

5(3.1)Notwithstanding any other provision of this Act, the person holding office as Chief Electoral Officer immediately before the coming into force of this Act shall be deemed to be the Chief Electoral Officer appointed under subsection (1).

5(4)The Chief Electoral Officer shall

5(5)If during an election it transpires that insufficient time has been allowed or insufficient election officers or polling stations have been provided for the execution of any of the purposes of this Act, by reason of the operation of any provision of this Act or of any mistake or miscalculation or of any unforeseen emergency, the Chief Electoral Officer may, notwithstanding anything in this Act, extend the time for doing any act or acts, increase the number of election officers who have been appointed for the performance of any duty, or increase the number of polling stations, and, generally, the Chief Electoral Officer may adapt the provisions of this Act to the execution of its intent; but in the exercise of this discretion no votes shall be cast before or after the hours fixed by this Act for the opening and closing of the poll nor shall any nomination be received after the time fixed by this Act for the close of nominations.