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Second Session, Thirty-Seventh Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.
It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 38

THE LOCAL AUTHORITIES ELECTION AMENDMENT ACT


Explanatory Note

(Assented to                                         )

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

C.C.S.M. c. L180 amended

1           The Local Authorities Election Act is amended by this Act.

2           Section 1 is amended

(a) by replacing the definitions "minister" and "prescribed" with the following:

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act; (« ministre »)

"prescribed" means prescribed by this Act or a regulation made under this Act; and

(b) by repealing the definition "registered owner".

3(1)        Subsection 5(1) is amended, in the part before clause (c), by striking out everything after "resident in the authority or not," and substituting "has been in his or her own right for a period of at least six months at the date of the election".

3(2)        Subsection 5(2) is replaced with the following:

Extended meaning of "owner"

5(2)        For the purpose of clause (1)(c), a person who purchased land under an agreement for sale that is subject to the Veterans Land Act (Canada) is the owner of that land as of the date he or she entered into the agreement for sale.

3(3)        The following is added after subsection 5(2):

Computing time of ownership

5(2.1)      For the purpose of clauses (1)(c) and (d), the time of ownership shall be computed by including the day on which the person's ownership commences and also the day on which the election is to be held.

3(4)        Subsection 5(6) is replaced with the following:

Registration of non-resident owners

5(6)        A person is entitled have his or her name placed on the list of electors in a municipality under the heading "non-resident owner" if the person

(a) makes an application in writing to the enumerator or revising officer; and

(b) establishes, in a manner acceptable to the enumerator or revising officer, that he or she is or will be entitled to be registered as a non-resident owner on the date of the election.

3(5)        Subsections 5(7), (8), and (9) are repealed.

4           Section 23 is repealed.

5           Section 24 and 26 are amended by striking out "or 23".

6           Section 28 is amended by striking out "or 23".

7(1)        Subclause 83(1)(b)(iii) is amended by striking out "or 23".

7(2)        Subsection 83(2) is replaced with the following:

Questions of qualification

83(2)       The qualification of a person claiming to be entitled to vote shall not be questioned, except

(a) to require a person whose name is not on the list of electors to comply with the requirements of subsection 84(2); or

(b) when a request is made under clause 85(1)(c), to require a person to take the affidavit of an elector in the prescribed form.

8           Section 84 is replaced with the following:

Person not on list may apply to vote

84(1)       A person who is qualified to vote but whose name is not on the list of electors may apply to have his or her name added.  The application must be made by the person at the poll where he or she is qualified to vote, during the hours the poll is open.

Affidavit and identification required

84(2)       A person applying under subsection (1) must swear or affirm an affidavit of an elector, in the prescribed form , before the deputy returning officer, and

(a) must produce to the deputy returning officer

(i) an official document issued by a federal, provincial or municipal government that contains the applicant's name, address and photograph, or

(ii) two documents that provide evidence satisfactory to the deputy returning officer of the applicant's identity; or

(b) if he or she is unable to comply with clause (a), must establish his or her identity in another manner acceptable to the deputy returning officer.

Name to be added

84(3)       If a person complies with the requirements of subsection (2), the deputy returning officer must add the person's name at the end of the list of electors, and assign to it the next available consecutive number.

Person not to vote

84(4)       If a person refuses to swear the affidavit or refuses or fails to establish identity as required in subsection 84(2), the deputy returning officer

(a) must record that refusal or failure opposite the name of the person in the proper column of the poll book; and

(b) must not permit the person to vote.

9           Subsection 85(1) is amended

(a) in clause (a), by striking out everything after "he shall require" and substituting "the person to comply with subsections 84(1) and (2)";

(b) in clause (c), by striking out "in Form 13" and substituting "of an elector under subsection 84(2)"; and

(c) in clauses (d) and (e), by striking out "in Form 13".

10(1)       Subsection 95(3) is amended in the part after clause (b) by striking out "7 days" and substituting "14 days".

10(2)       Subsection 95(4) is amended

(a) in the part before clause (a), by striking out "four" wherever it occurs and substituting "seven"; and

(b) by replacing clauses (b) to (d) with the following:

(b) a ballot envelope with the prescribed instructions printed on it;

(c) a certificate envelope with a certificate of identification, in the prescribed form, printed on it;

(d) an outer envelope with the address of the returning officer, in the prescribed form, printed on it; and

11          Section 212 is replaced with the following:

Application to be added as an elector

212(1)      A person who is qualified to vote on the by-law but whose name is not on the list of electors may apply to have his or her name added.  The application must be made by the person at the poll where he or she is qualified to vote, during the hours the poll is open.

Affidavit and identification required

212(2)      A person applying under subsection (1) must swear or affirm an affidavit of an elector, in the prescribed form , before the deputy returning officer and

(a) produce to the deputy returning officer

(i) an official document issued by a federal, provincial or municipal government that contains the applicant's name, address and photograph, or

(ii) two documents that provide evidence satisfactory to the deputy returning officer of the applicant's identity; or

(b) if he or she is unable to comply with clause (a), establish his or her identity in another manner acceptable to the deputy returning officer.

Name to be added

212(3)      If a person complies with the requirements of subsection (2), the deputy returning officer must add the person's name at the end of the list of electors, and assign to it the next available consecutive number.

12          The centred heading "REGULATIONS" is added after section 236.

13          Section 237 is amended

(a) by replacing the section heading with "Regulations by Lieutenant Governor in Council"; and

(b) by renumbering it as subsection 237(1), and adding the following as subsection 237(2):

Regulations by minister

237(2)      The minister may make regulations prescribing forms to be used in conducting an election under this Act.  These regulations must not be inconsistent with regulations made under subsection (1).

14          The provisions identified in Column 1 of the Schedule to this Act are amended in the manner and to the extent set out opposite them in Column 2.

Consequential amendment, C.C.S.M. c. P250

15          Subsection 23(1) of The Public Schools Act is amended by striking out "Form 9 of" and substituting "in the form prescribed by regulation under".

Consequential amendments, S.M. 1989-90, c. 10

16(1)       The City of Winnipeg Act is amended by this section.

16(2)       Section 89.1 is replaced with the following:

Form of ballot paper

89.1        The ballot paper shall be in the form prescribed by regulation under The Local Authorities Election Act, with such modifications as the circumstances require.

16(3)       Subsection 89.2(2) is amended by striking out "(Form 9)".

16(4)       Subsection 92.1(2) is amended by striking out "Form 22 of" and substituting "a form prescribed under".

Coming into force

17(1)       This Act, except for section 14 to 16, comes into force on the day it receives royal assent.

Coming into force: clause 2(a) and sections 14 to 16

17(2)       Clause 2(a) and sections 14 to 16 come into force on a day fixed by proclamation.

SCHEDULE (Section 9)

Column 1 - Provision Column 2 - Amendment
10(8), 11(4), 20(2), 66(1), 68(2), 70(2) Strike out "set out in Form 1" and substitute "as prescribed by regulation".
11(7) Strike out "in accordance with Form 2" and substitute "in the form prescribed by regulation".
11(8) Strike out "in accordance with Form 3" and substitute "in the form prescribed by regulation"; strike out "as set out in Form 3" and substitute "as prescribed by regulation".
11(10) Strike out "Form 2, as prescribed in" and substitute "the form prescribed under"; strike out "Form 3, as prescribed in" and substitute "the form prescribed under".
11(12) Strike out "Form 4" and substitute "the form prescribed by regulation".
14(1) Strike out "Form 5" and substitute "the form prescribed by regulation".
29(4) Strike out "Form 6 and Form 7, respectively" and substitute "the forms prescribed by regulation".
31(1) Repeal clauses (c), (d) and (e), and amend the part before clause (f) by adding ", in the form prescribed by regulation, " before "showing".
46(3) Strike out "Form 9" and substitute "the form prescribed by regulation".
57(5) Strike out "Form 10" and substitute "the form prescribed by regulation".
63(7) Strike out everything after "in the form" and substitute "prescribed by regulation".
65(2)(a) Strike out "set out in Form 11" and substitute ", as prescribed by regulation".
77(2) Strike out "Form 12" and substitute "the form prescribed by regulation".
83(2), 114(1)(d), Strike out "in Form 13" and substitute "as provided for in subsection 84(2)".
87(2) Strike out "Form 14" and substitute "the form prescribed by regulation".
95(1) Strike out "Form 15" wherever it occurs and substitute "the form prescribed by regulation".
97(11) Strike out "Form 16" and substitute "the form prescribed by regulation"; strike out "in the form".
97(13) Strike out "Form 17" and substitute "the form prescribed by regulation".
98(1)(a) Strike out "poll in Form 16" and substitute "poll, as provided for in subsection 97(11)".
98(1)(h) Strike out "Form 18" and substitute "the form prescribed by regulation".
98(1)(k),
215(1)(k)
Strike out "complete Form 10 and Form 15" and substitute "applied to vote at an advance poll, as provided for in subsection 57(5) (statement of voter), or who voted using the procedure provided in subsection 95(1) (procedure if voter unable to mark ballot)".
98(2) Strike out "Form 18" and substitute "the form prescribed by regulation".
99(1) Strike out "Form 16" and substitute "the form prescribed by regulation under subsection 97(11) (statement of poll )".
99(2) Strike out "Form 16" and substitute "the form prescribed by regulation under subsection 97(11) (statement of poll )"; strike out "Form 19" and substitute "the form prescribed by regulation".
99(3) Strike out "Form 16" and substitute "the form prescribed by regulation under subsection 97(11) (statement of poll )"; strike out "Form 20" and substitute "the form prescribed by regulation".
120 Strike out "set out in Form 21 (Third Paper) "and substitute "prescribed by regulation".
121 Strike out "set out in Form 11" and substitute "prescribed by regulation".
127.R1 In the definition "ballot paper", "ballot" or "paper", strike out "Form 21 (Third paper)" and substitute "in the form prescribed by regulation for use in elections under this Part".
186(1) Strike out "a disclaimer signed by him in Form 22 or to the like effect" and substitute "a signed disclaimer in the prescribed form, or in a form to the like effect".
188 Strike out "a disclaimer signed by him in Form 23, or to the like effect" and substitute "a signed disclaimer in the prescribed form, or in a form to the like effect".
204(1) Strike out "In this Part and in Form 13" and substitute "In this Part".
207(1) Strike out "Form 24" and substitute "the form prescribed by regulation".
210 Strike out "Form 11" and substitute "the form prescribed by regulation".
211(2) Strike out "set out in Form 21 (Fourth Paper)" and substitute "prescribed by regulation for use in elections under this Part".
213(1) Strike out "Form 25" and substitute "the form prescribed by regulation".
SCHEDULE Repeal.

 

Explanatory Note

This Bill makes it a requirement that non-residents own property for at least six months in order to qualify to vote at a municipal election.

This Bill amends the requirements for adding names to the list of voters on voting day and changes the date for making applications to vote by mail.

The Bill removes the Schedule from the Act and provides for the forms to be prescribed by regulation.  It also makes consequential amendments to references to those forms in The Public Schools Act and The City of Winnipeg Act.