Second

Session, 47th General Assembly

Elizabeth II, 2013

BILL 18

AN ACT TO AMEND THE

MUNICIPAL ELECTIONS ACT

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

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

Committee ............................................................................................................................................

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

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

HONOURABLE

STEVE KENT

Minister of Municipal and Intergovernmental Affairs

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Municipal Elections Act to

allow municipalities to use

electronic means as a supplementary method of fulfilling public notification

requirements;

allow a by-election to be

deferred for more than one year where the office of a councillor was declared

vacant by resolution of the council and the councillor appealed the resolution

to a judge of the Trial Division in accordance with the City of Corner Brook Act , the City

of Mount Pearl Act or the Municipalities

Act, 1999 or was vacated and the councillor appealed to a judge of the

Trial Division under the Municipalities

Act, 1999 ;

allow all employees of a

council to be granted a leave of absence in order to be nominated as a

candidate for council; and

amend the residency rules so

that a person who is absent from a municipality for a continuous period of more

than 6 months is no longer considered to be a resident of the municipality.

A BILL

AN ACT TO AMEND THE MUNICIPAL ELECTIONS ACT

Analysis

S.3 Amdt.

Interpretation

S.6 Amdt.

By-election

S.15 Amdt.

Qualification

S.24 Amdt.

Residency

B e it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL2001 cM-20.2

as amended

Section 3 of the Municipal Elections Act is amended by adding immediately after

subsection (2) the following:

(3) Where notice is required to be published or

posted under this Act it may also be provided by electronic means.

Section 6 of the Act is amended by adding

immediately after subsection (3) the following:

(3.1) Notwithstanding subsection (3), a council may,

with the approval of the minister, defer a by-election for a period exceeding

one year in total where the office of a councillor was

(

a) declared vacant by resolution of council and

the councillor appealed the resolution to a judge of the Trial Division under

(i) subsection 21(1) of the City of Corner Brook Act ,

(ii) subsection 21(1) of the City of Mount Pearl Act , or

(iii) subsection 410(1) of the Municipalities Act, 1999 ; or

(

b) vacated and the councillor appealed to a judge

of the Trial Division under subsection 410(1) of the Municipalities Act, 1999.

3. Subsection 15(7) of the Act is repealed and the

following substituted:

(7) Notwithstanding subsection (2), a person referred

to in that subsection may request, and the council shall grant to that person,

a leave of absence in order for that person to be nominated as a candidate for

council.

4. Subsection 24(1) of the Act is amended by

deleting the word "and" at the end of paragraph (b), by deleting the

period at the end of paragraph (

c) and substituting a semi-colon and the word

"and", and by adding immediately after that paragraph the following:

(

d) a person who is absent from the municipality

for a continuous period of more than 6 months ceases to be a resident in the

municipality, notwithstanding that he or she may intend to return at some

future time.

Queen's Printer