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Third 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 7

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(1)        Subsection 5(1) is amended by striking out everything after clause (b).

2(2)        The following is added after subsection 5(1):

Qualification of non-resident owners for municipal elections

5(1.1)      In an election in a municipality, a person who is a non-resident of the municipality has the right to be named in the list of electors and to vote, if he or she

(a) has the qualifications of an elector stated in clause (1)(a); and

(b) subject to subsection (1.3), has been for at least six months at the date of the election the registered owner of land that is assessed in the latest revised realty assessment roll of the municipality.

"Registered owner" defined

5(1.2)      For the purpose of clause (1.1)(b), the registered owner of land is

(a) a tenant or occupier of it, if his or her name is entered on the latest revised realty assessment roll as the owner of a right, interest, or estate in it;

(b) if no person qualifies under clause (a), the person who purchased it under an agreement for sale that is subject to the Veterans' Land Act (Canada); or

(c) if no person qualifies under clause (a) or (b), the owner.

Maximum of two non-resident voters per property

5(1.3)      If three or more persons qualify as registered owners of the land under the applicable clause of subsection (1.2),

(a) no more than two of them may register as non-resident owners; and

(b) each person registering must do so with the written consent of the number of those persons who, together with the person registering, are a majority of the registered owners.

2(3)        Subsection 5(2) is repealed.

2(4)        Subsection 5(2.1) is amended by striking out "clauses (1)(c) and (d)" and substituting "clause (1.1)(b)".

2(5)        Subsection 5(3) is amended in the part before clause (a) by adding "or (1.1)" after "subsection (1)".

2(6)        Subsection 5(6) is amended

(a) in the part before clause (a) of the English version, by adding "to" after "entitled"; and

(b) by striking out "and" at the end of clause (a), by adding "and" at the end of clause (b) and by adding the following after clause (b):

(c) if applicable, files with the enumerator or the revising officer the written consent from the majority of registered owners of the land required by clause (1.3)(b).

3           Subsection 11(14) is replaced with the following:

Duty of assistant enumerator as to qualifications

11(14)      Before placing the name of a person on the list of electors for a polling subdivision, an assistant enumerator shall satisfy himself or herself

(a) that the person is qualified to have his or her name placed on that list; and

(b) in respect of a person registering as a non-resident owner of land, that no more than one other non-resident owner is named on that list in respect of that land.

4           Subsection 84(2) is amended

(a) by replacing the section heading with "Requirements for person applying to vote"; and

(b) by adding the following after clause (b):

A person applying to vote as a non-resident owner must also provide evidence satisfactory to the deputy returning officer that he or she has the qualifications of a non-resident owner stated in subsection 5(1.1).

5           Subsection 84(4) is amended by replacing the part before clause (a) with the following:

Person not to vote

84(4)       If a person refuses or fails to comply with the requirements of subsection (2), the deputy returning officer

Coming into force

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

Explanatory Note

This Bill sets the maximum number of non-resident owners of a parcel of land who may vote at a municipal election at two.