Acts and Regulations

2020, c.34 - An Act to Amend the Municipal Elections Act

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2020, c.34
An Act to Amend the
Municipal Elections Act
Assented to December 18, 2020
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1The heading “Discretionary powers of Municipal Electoral Officer” preceding section 47 of the Municipal Elections Act, chapter M-21.01 of the Acts of New Brunswick, 1979, is repealed and the following is substituted: 
Discretionary powers
2Section 47 of the Act is repealed and the following is substituted: 
47(1)During an election, in the case of a mistake, miscalculation or unforeseen circumstance, the Municipal Electoral Officer may adapt any provision of this Act to carry out the purpose and intent of this Act.
47(2)Despite subsection (1), the Municipal Electoral Officer shall not
(a) extend the time by which nomination papers may be filed, or
(b) change, at any time, ordinary polling day or voting hours.
3The Act is amended by adding after section 47 the following: 
Discretionary powers during state of emergency or state of local emergency
47.01(1)For the purposes of an election, during a state of emergency or a state of local emergency, as those terms are defined in the Emergency Measures Act, the Municipal Electoral Officer may modify any provision of this Act to carry out the purpose and intent of this Act, including but not limited to provisions with respect to
(a) voting procedures,
(b) the counting of votes,
(c) time requirements,
(d) prescribed forms, including the form of ballot papers,
(e) polling divisions or polling stations,
(f) the duties of election officers, and
(g) the number of election officers.
47.01(2)During a state of emergency or a state of local emergency, as those terms are defined in the Emergency Measures Act, the Municipal Electoral Officer may impose restrictions or take any measures that the Municipal Electoral Officer considers necessary or advisable to protect the health and safety of election officers or the public.
47.01(3)The Municipal Electoral Officer may act under subsection (1) or (2) at any time and with respect to one or more locations in the Province.
47.01(4)Before acting under subsection (2), the Municipal Electoral Officer shall consult with the Minister of Public Safety and, if appropriate, the Chief Medical Officer of Health.
47.01(5)Despite subsections (1) and (2), the Municipal Electoral Officer shall not
(a) extend the time by which nomination papers may be filed, or
(b) change, at any time, ordinary polling day.
47.01(6)Immediately after acting under subsection (1) or (2), the Municipal Electoral Officer shall give notice to the public of the action and the reasons for taking the action in the manner that the Municipal Electoral Officer considers appropriate.
47.01(7)Within four months after ordinary polling day, if the Municipal Electoral Officer has acted under subsection (1) or (2), the Municipal Electoral Officer shall submit to the Speaker of the Legislative Assembly a report with respect to the actions taken under that subsection and include, if appropriate, any recommendations with respect to amendments to this Act.
Conditional amendments
4(1)If the Bill entitled An Act to Amend the Executive Council Act, introduced in the first session of the 60th Legislature, receives Royal Assent before this Bill, on the commencement of this section, subsection 47.01(4), as enacted by section 3 of this Bill is amended by striking out “Minister of Public Safety” and substituting “Minister of Justice and Public Safety”.
4(2)If this Bill and the Bill entitled An Act to Amend the Executive Council Act, introduced in the first session of the 60th Legislature, receive Royal Assent on the same date, the Bill entitled An Act to Amend the Executive Council Act is deemed to have received Royal Assent before this Bill.