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Home → Legislative Business → Bills → 42-5

Status of bills in this Session.

5th Session, 42nd Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 28

THE LOCAL GOVERNMENT STATUTES AMENDMENT ACT

Bilingual version (PDF)

Explanatory Note

(Assented to )

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

PART 1

THE CITY OF WINNIPEG CHARTER

S.M. 2002, c. 39 amended

1 The City of Winnipeg Charter is amended by this Part.

2 The following is added after

section 23:

MEMBERS OF COUNCIL RUNNING FOR PROVINCIAL OFFICE

Leave of absence

23.1(1) A member of council who proposes to become a candidate for election as a member of the Legislative Assembly must take a leave of absence from council as provided for under this section.

Period of leave

23.1(2) The leave

(

a) begins on the day that the member's nomination documents are received by the returning officer in accordance with

section 56 of The Elections Act ; and

(

b) ends on the earlier of the following days as determined under The Elections Act :

(

i) the day after the closing day for nominations, if the member's nomination is refused by the returning officer,

(ii) the day after the day the member withdraws from the election,

(iii) the day after election day.

Notice to city clerk

23.1(3) The member must promptly notify the city clerk when their leave begins and ends.

Conduct during leave

23.1(4) While on leave, the member in their capacity as a member of council must not attend, participate in or vote at a meeting or hearing of, or attempt to influence any matter before,

(

a) council or a committee of council or a subcommittee thereof; or

(

b) any other body on which the member serves in their capacity as a member of council.

Absence while on leave not failure to attend

23.1(5) The member's absence from a meeting of council while on leave is not considered a failure to attend a meeting of council without authorization for the purpose of clause 47(1)(c).

Indemnities, expenses and benefits

23.2 While a member of council is on a leave of absence under

section 23.1,

(

a) the member is not entitled to any payments under a by-law passed under clauses 84(1)(

a) to (d); and

(

b) the member and their dependants may continue to participate in any pension or group insurance plans referred to in clauses 84(1)(

e) and (

f) and

section 85 that they would otherwise participate in, if the member

(

i) makes a written request to the city clerk before or immediately after the leave begins, and

(ii) pays all contributions or premiums, including any contributions or premiums that would otherwise be paid by the city.

3 Clause 47(1)(

b) is replaced with the following:

(

b) is a member of the Legislative Assembly;

PART 2

THE ELECTIONS ACT

C.C.S.M. c. E30 amended

4 Clause 53(2)(

b) of The Elections Act is repealed.

PART 3

THE MUNICIPAL ACT

C.C.S.M. c. M225 amended

5 The Municipal Act is amended by this Part.

6 The following is added after

section 91:

MEMBERS OF COUNCIL RUNNING FOR PROVINCIAL OFFICE

Leave of absence

91.1(1) A member of a council who proposes to become a candidate for election as a member of the Legislative Assembly must take a leave of absence from the council as provided for under this section.

Period of leave

91.1(2) The leave

(

a) begins on the day that the member's nomination documents are received by the returning officer in accordance with

section 56 of The Elections Act ; and

(

b) ends on the earlier of the following days as determined under The Elections Act :

(

i) the day after the closing day for nominations, if the member's nomination is refused by the returning officer,

(ii) the day after the day the member withdraws from the election,

(iii) the day after election day.

Notice to chief administrative officer

91.1(3) The member must promptly notify the chief administrative officer when their leave begins and ends.

Conduct during leave

91.1(4) While on leave, the member in their capacity as a member of a council must not attend, participate in or vote at a meeting or hearing of, or attempt to influence any matter before,

(

a) the council or a council committee; or

(

b) any other body on which the member serves in their capacity as a member of a council.

Member on leave not considered absent

91.1(5) The member's absence from a council meeting, or a committee meeting of a committee of a local urban district, while on leave is not considered an absence without leave of the council or committee for the purposes of clauses 94(1)(

a) and (b).

Compensation and expenses

91.2 While a member of a council is on a leave of absence under

section 91.1, the member is not entitled to any payments under a resolution passed under

section 116 or a by-law passed under

section 124.

7 Subsection 160(2) is amended by striking out " or " at the end of clause (b), adding " or " at the end of clause (

c) and adding the following after clause (c):

(

d) is on an authorized leave of absence.

PART 4

THE NORTHERN AFFAIRS ACT

C.C.S.M. c. N100 amended

8 The Northern Affairs Act is amended by this Part.

9 The definition "election" in

section 1 is amended by adding " unless the context requires a different meaning " at the end.

10 The following is added after

section 84:

Leave of absence — candidacy in provincial election

84.1(1) A member of a council who proposes to become a candidate for election as a member of the Legislative Assembly must take a leave of absence from the council as provided for under this section.

Period of leave

84.1(2) The leave

(

a) begins on the day that the member's nomination documents are received by the returning officer in accordance with

section 56 of The Elections Act ; and

(

b) ends on the earlier of the following days as determined under The Elections Act :

(

i) the day after the closing day for nominations, if the member's nomination is refused by the returning officer,

(ii) the day after the day the member withdraws from the election,

(iii) the day after election day.

Notice to community administrative officer

84.1(3) The member must promptly notify the community administrative officer when their leave begins and ends.

Conduct during leave

84.1(4) While on leave, the member in their capacity as a member of a council must not attend, participate in or vote at a meeting or hearing of, or attempt to influence any matter before,

(

a) the council or a council committee; or

(

b) any other body on which the member serves in their capacity as a member of a council.

Member on leave not considered absent

84.1(5) The member's absence from a council meeting while on leave is not considered an absence without leave of the council for the purpose of subsection 86(2).

Compensation and expenses

84.2 While a member of a council is on a leave of absence under

section 84.1, the member is not entitled to any payments under a by-law or resolution passed under

section 131.

Non-application

84.3 For greater certainty, for the purpose of

section 12 of The Legislative Assembly Act , amounts payable under a by-law or resolution passed under

section 131 to or on behalf of members of a council of a community that is not incorporated are not considered payable from the Crown in right of the province.

11 Subsection 130(2) is amended by striking out " or " at the end of clause (b), adding " or " at the end of clause (

c) and adding the following after clause (c):

(

d) is on an authorized leave of absence.

PART 5

THE PUBLIC SCHOOLS ACT

C.C.S.M. c. P250 amended

12 The Public Schools Act is amended by this Part.

13 The following is added as sections 27.1 and 27.2 and before the centred heading " OFFICIAL TRUSTEE ":

TRUSTEES RUNNING FOR PROVINCIAL OFFICE

Leave of absence

27.1(1) A trustee who proposes to become a candidate for election as a member of the Legislative Assembly must take a leave of absence from the school board as provided for under this section.

Period of leave

27.1(2) The leave

(

a) begins on the day that the trustee's nomination documents are received by the returning officer in accordance with

section 56 of The Elections Act ; and

(

b) ends on the earlier of the following days as determined under The Elections Act :

(

i) the day after the closing day for nominations, if the trustee's nomination is refused by the returning officer,

(ii) the day after the day the trustee withdraws from the election,

(iii) the day after election day.

Notice to secretary-treasurer

27.1(3) The trustee must promptly notify the secretary-treasurer of the school division or school district when their leave begins and ends.

Conduct during leave

27.1(4) While on leave, the trustee in their capacity as a trustee must not attend, participate in or vote at a meeting or hearing of, or attempt to influence any matter before,

(

a) the school board or any committee or subcommittee of the school board or any subcommittee of a committee; or

(

b) any other body on which the trustee serves in their capacity as a trustee.

Absence while on leave not failure to attend

27.1(5) The trustee's absence from a meeting of the school board while on leave is not considered a failure to attend a meeting of the school board without authorization for the purpose of clause 39.8(c).

Indemnities and expenses

27.2 While a trustee is on a leave of absence under

section 27.1, the trustee is not entitled to any payments under a by-law, resolution or other determination made under subsections 56(1) to (3).

14 Subsection 30(1) is amended by adding " However, the consent and presence of a trustee on an authorized leave of absence is not required. " at the end.

PART 6

COMING INTO FORCE

Coming into force

15 This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill amends The City of Winnipeg Charter , The Municipal Act , The Northern Affairs Act and The Public Schools Act . The following people must take a leave of absence when they run for election as a member of the Legislative Assembly:

a member of council of a municipality, including the City of Winnipeg;

a member of a community council;

a trustee of a school division or district.

In addition, The Elections Act is amended to eliminate the prohibition on a member of council of a municipality being nominated for election as a member of the Legislative Assembly.

Document details

Collection	Manitoba — Debates (Hansard)
Citation	42-5 b028e.php
Type	bill
Volume / chapter	42 5 b028e.php
Language	en
Format	html
Source	PROVINCIAL
Identifier	c4c94b15550d5e50209ffd4e0de8b8a833c3cd2d

Source file is stored in the law ingest library (html).