Acts and Regulations

2008-26 - General

Table of contents
Full text
Current to 16 June 2023
NEW BRUNSWICK
REGULATION 2008-26
under the
Municipal Elections Act
(O.C. 2008-85)
Filed March 3, 2008
Under section 57 of the Municipal Elections Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the General Regulation - Municipal Elections Act.
Definitions
2022-43
1.1The following definitions apply in this Regulation.
“Act” means the Municipal Elections Act.(Loi)
“minimum wage” means the minimum wage prescribed in the Minimum Wage Regulation – Employment Standards Act.(salaire minimum)
2022-43
Oaths
2The oath of the Municipal Electoral Officer shall be on Form 1 and the oath of an Assistant Municipal Electoral Officer shall be on Form 2.
Notices
3When a notice is required under the Municipal Elections Act, it is sufficient if it is published
(a) in one or more newspapers published in the municipality, or
(b) in one or more newspapers having general circulation in the municipality.
2017, c.20, s.109
Signatures
4Where the signature of the Municipal Electoral Officer, a Assistant Municipal Electoral Officer or a municipal returning officer is required, a facsimile of that person’s signature is sufficient.
Fees for election officers
2022-43
5(1)Subject to subsections (2), (3) and (4), the following are the fees applicable for the payment of election officers and other persons employed at or with respect to an election:
(a) for a municipal returning officer, for all services rendered and activities performed in connection with an election, the minimum wage plus $19 per hour;
(b) for an election clerk, for all services rendered and activities performed in connection with an election, the minimum wage plus $14 per hour;
(c) for a training officer, for all services rendered and activities performed in preparing for and conducting training sessions for elections officers, the minimum wage plus $14 per hour;
(d) for a technical support officer, for all services rendered and activities performed in connection with an election, the minimum wage plus $8 per hour;
(e) for a casual employee employed in the office of a municipal returning officer, including a special voting officer, a receptionist, a data entry worker and a revision officer, for all services rendered and activities performed, the minimum wage plus $6 per hour;
(f) for a poll supervisor, for all services rendered and activities performed on or in connection with an ordinary polling day or an advance polling day, the minimum wage plus $10 per hour; and
(g) for an election officer appointed as a poll official under subsection 22(1) of the Act other than a poll supervisor, for all services rendered and activities performed on or in connection with an ordinary polling day or an advance polling day, the minimum wage plus $5 per hour.
5(2)If a person is appointed to fulfil the duties of more than one poll official on the same polling day, the person shall be paid for only one appointment, and if there is a different rate applicable to each appointment, the person shall be paid at the higher rate.
5(3)A municipal returning officer is only eligible to receive payment under paragraph (1)(a) if the service was rendered or the activity was performed at the direction of the Municipal Electoral Officer.
5(4)An election officer or other person employed at or with respect to an election is only eligible to receive payment under paragraph (1)(b), (c), (d), (e), (f) or (g), as the case may be, if the service was rendered or the activity was performed at the direction of the Municipal Electoral Officer or a municipal returning officer.
2011-50; 2016, c.37, s.114; 2022-43
Travel expenses for election officers
2022-43
5.1(1)This section does not apply to the Municipal Electoral Officer or an Assistant Municipal Electoral Officer.
5.1(2)Subject to subsections (3), (4) and (5), an election officer shall be reimbursed for travel expenses incurred in the performance of the election officer’s duties, including training, in accordance with the Travel Expenses Policy issued by the Treasury Board, as amended.
5.1(3)A municipal returning officer shall be reimbursed for travel expenses only if the municipal returning officer has been authorized to travel by the Municipal Electoral Officer.
5.1(4)An election officer other than a municipal returning officer shall be reimbursed for travel expenses only if the election officer has been authorized to travel by a municipal returning officer.
5.1(5)An election officer appointed as a poll official under subsection 22(1) of the Act is not eligible to be reimbursed for meal expenses.
2022-43
Rental fees and fees for holding additional polls
2022-43
5.2(1)The following are the rental fees payable with respect to an election:
(a) for an office to be used as a municipal returning officer’s office for an election in an electoral region, the amount actually and reasonably incurred, as supported by original receipts or invoices;
(b) for the use of a building or part of a building as a polling station on an advance polling day, including heat, lights and cleaning services,
(i) if the polling station has vote tabulation machines, $480 per vote tabulation machine per day, and
(ii) if the polling station does not have vote tabulation machines, $480 per day; and
(c) for the use of a building or part of a building as a polling station on an ordinary polling day, including heat, lights and cleaning services, $280 or  $135 per polling division assigned to the polling station, whichever is greater.
5.2(2)The following fees are payable for holding an additional poll at
(a) a treatment centre, including heat, lights, cleaning services and the attendance of a staff member of the treatment centre, $150 per additional poll, and
(b) any location other than a treatment centre, the amount actually and reasonably incurred, as supported by an original receipt or invoice.
5.2(3)Despite paragraphs (1)(b) and (c) and (2)(a), the rental fees payable with respect to polling stations and the fee payable for holding an additional poll may be adjusted in exceptional circumstances, with the written approval of the Municipal Electoral Officer, to the amount actually and reasonably incurred, supported by original receipts or invoices.
2022-43
Other amounts payable
2022-43
5.3(1)For the purposes of subsection 12.1(2) of the Act, the fee prescribed is nil.
5.3(2)The amount payable for costs associated with a recount by a judge of The Court of King’s Bench of New Brunswick is the amount determined by the judge, but shall not exceed $250.
2022-43; 2023, c.17, s.165
Adjustment of certain amounts
2022-43
5.4(1)The following amounts shall be adjusted in accordance with this section:
(a) the rental fees payable for polling stations under paragraphs 5.2(1)(b) and (c);
(b) the fee payable for holding an additional poll under paragraph 5.2(2)(a); and
(c) the maximum payable under subsection 5.3(2) for costs associated with a recount.
5.4(2)For the purposes of subsection (1), a rental fee, a fee or the maximum payable for costs shall be adjusted on January 1, 2023, and on January 1 of every succeeding year by multiplying the amount by the ratio that the Consumer Price Index for the 12-month period ending on the 30th day of September before that year bears to the Consumer Price Index for the 12-month period that ended on September 30, 2022.
5.4(3)If an amount to which subsection (2) applies is not a multiple of one dollar when adjusted as provided in this section, it shall be rounded to the nearest multiple of one dollar or, if it is equidistant between two consecutive multiples, to the higher multiple.
5.4(4)In this section, the Consumer Price Index for any 12-month period is the result arrived at by
(a) aggregating the Consumer Price index for Canada, as published by Statistics Canada under the authority of the Statistics Act (Canada), for each month in that period,
(b) dividing the aggregate obtained under paragraph (a) by 12, and
(c) rounding the result obtained under paragraph (b) to the nearest one-thousandth or, if the result obtained is equidistant from two consecutive one-thousandths, to the higher one-thousandth.
5.4(5)If an adjustment to an amount otherwise required by this section would result in a decrease in the amount, no adjustment shall be made.
2022-43
Appointment to more than one position
Repealed: 2022-43
2022-43
6Repealed: 2022-43
2022-43
Repeal
7New Brunswick Regulation 98-10 under the Municipal Elections Act is repealed.
N.B. This Regulation is consolidated to June 16, 2023.