First

Session, 45th General Assembly

Elizabeth II, 2004

BILL 40

AN ACT TO AMEND THE

HOUSE OF

ASSEMBLY ACT AND THE ELECTIONS ACT, 1991

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee .................................................................................... December

13, 2004 Amendment

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

EDWARD J. BYRNE

Government

House Leader

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the House of Assembly Act to provide a fixed

date for the holding of a general election in the province.

The Bill would also amend the House of Assembly Act to provide that a

by-election shall be called within 60 days of a seat becoming vacant.

This Bill would amend the House of Assembly Act to require, in the

event the leader of the party forming the government resigns and a new leader,

who is subsequently sworn in as Premier, is elected by the party not later than

3 years after the most recent general election, the new leader and Premier

shall, within 12 months, provide advice to the Lieutenant-Governor that the

House of Assembly be dissolved and a general election held.

The Bill would, as well, amend the Elections Act, 1991 to provide that in

the case of a by-election, the election must be held not later than 30 days

from the date of issuing of the proclamation of the election.

A BILL

AN ACT TO AMEND THE HOUSE OF

ASSEMBLY ACT AND THE ELECTIONS ACT, 1991

Analysis

HOUSE

OF ASSEMBLY

S.3 R&S

3. Duration of House of

Assembly

3.1 Election on change of Premier

ELECTIONS

ACT, 1991

S.58 Amdt.

Polling day

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

HOUSE OF ASSEMBLY

RSNL1990 cH-10

as amended

Section 3 of the House of Assembly Act is repealed and the following substituted:

Duration of House

of Assembly

(1) Notwithstanding

subsection (2), the Lieutenant-Governor may, by proclamation in Her Majesty's

name, prorogue or dissolve the House of Assembly when the Lieutenant-Governor

sees fit.

(2) A polling day at a general election shall be

held on the second Tuesday in October, 2007 and afterward on the second Tuesday

in October in the fourth calendar year following the polling day at the most

recently held general election.

Election on

change of Premier

3.1 Where

the leader of the political party that forms the government resigns his or her

position as leader and as Premier of the province before the end of the third

year following the most recent general election, the person who is elected by

the party to replace him or her as the leader of the party and who is sworn in

as the Premier of the province by the Lieutenant-Governor shall, not later than

12 months afterward, provide advice to the Lieutenant-Governor that the House

of Assembly be dissolved and a general election be held.

Section 54 of the Act is amended by striking

out the word and figure "3 months" and substituting the word and

figure "60 days".

ELECTIONS ACT, 1991

SNL1992 cE‑3.1

as amended

Section 58 of the Elections Act, 1991 is repealed and the following substituted:

Polling day

58. The

day of polling to be fixed by the proclamation required under

section 57 shall

be a day not less than 21 clear days from the date of the proclamation nor more

than 30 clear days.

Earl G. Tucker, Queen's Printer