Acts and Regulations

2022-42 - Tariff of Fees

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2022-42
under the
Elections Act
(O.C. 2022-188)
Filed June 30, 2022
Under section 123 of the Elections Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the Tariff of Fees Regulation – Elections Act.
Definitions
2The following definitions apply in this Regulation.
“Act” means the Elections Act.(Loi)
“minimum wage” means the minimum wage prescribed in the Minimum Wage Regulation – Employment Standards Act.(salaire minimum)
Fees for election officers
3(1)Subject to subsections (2), (3) and (4), the following are the fees applicable for the payment of returning officers and other persons employed at or with respect to an election:
(a) for a 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 election 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 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 61(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.
3(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.
3(3)A 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 Chief Electoral Officer.
3(4)A 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 Chief Electoral Officer or a returning officer.
Travel expenses of election officers
4(1)This section does not apply to the Chief Electoral Officer or an Assistant Electoral Officer.
4(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.
4(3)A returning officer shall be reimbursed for travel expenses only if the returning officer has been authorized to travel by the Chief Electoral Officer.
4(4)An election officer other than a returning officer shall be reimbursed for travel expenses only if the election officer has been authorized to travel by a returning officer.
4(5)An election officer appointed as a poll official under subsection 61(1) of the Act is not eligible to be reimbursed for meal expenses.
Rental fees and fees for holding additional polls
5(1)The following are the rental fees payable with respect to an election:
(a) for an office to be used by a returning officer for an election in an electoral district, the amount actually and reasonably incurred, as supported by original receipts or invoices;
(b) for the use of a building or a 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 a 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)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(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 Chief Electoral Officer, to the amount actually and reasonably incurred, supported by original receipts or invoices.
Amount payable for products and services
6The amount payable for products and services created or supplied by Elections New Brunswick, other than lists of electors required under the Act, shall be the amount actually and reasonably incurred by Elections New Brunswick.
Advisory committee attendance allowance
7(1)The attendance allowance payable to a member of the advisory committee for attending a meeting of the committee is $250 per day.
7(2)The allowance payable to a member of the advisory committee for travelling on a day before or on a day after a meeting of the committee is $100 per day, if approved by the Chief Electoral Officer.
7(3)A member of the advisory committee shall be reimbursed for travel expenses incurred in the performance of the member’s duties in accordance with the Travel Expenses Policy issued by the Treasury Board, as amended.
Adjustment of fees and allowances
8(1)The following rental fees and allowances shall be adjusted in accordance with this section:
(a) the rental fees payable for polling stations under paragraphs 5(1)(b) and (c);
(b) the fee payable for holding an additional poll under paragraph 5(2)(a); and
(c) the allowances payable under subsections 7(1) and (2).
8(2)For the purposes of subsection (1), a rental fee, a fee or an allowance 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.
8(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 from two consecutive multiples, to the higher multiple.
8(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.
8(5)If an adjustment to an amount that is otherwise required by this section would result in a decrease in the amount, no adjustment shall be made.
Repeal
9New Brunswick Regulation 2010-105 under the Elections Act is repealed.
N.B. This Regulation is consolidated to June 30, 2022.