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4th Session, 41st Legislature

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Bill 231

THE INDIGENOUS REPRESENTATION AND RELATED AMENDMENTS ACT


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

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

Indigenous Representation Act

1            The Indigenous Representation Act set out in Schedule A is hereby enacted.

Elections Amendments Act

2           The Elections Amendment Act set out in Schedule B is hereby enacted.

Election Financing Amendment Act

3           The Election Financing Amendment Act set out in Schedule C is hereby enacted.

Legislative Assembly Amendment Act

4           The Legislative Assembly Amendment Act set out in Schedule D is hereby enacted.

Legislative Assembly Management Commission Amendment Act

5           The Legislative Assembly Management Commission Amendment Act set out in Schedule E is hereby enacted.

Coming into force

6(1)        Subject to subsection (2), this Act comes into force on the day it receives royal assent.

Coming into force of Schedules

6(2)        The Schedules to this Act come into force as provided in the coming into force section at the end of each Schedule.


SCHEDULE A

THE INDIGENOUS REPRESENTATION ACT

INTRODUCTORY PROVISIONS

Definitions

1           The following definitions apply in this Act.

"chief electoral officer" means the chief electoral officer appointed under The Elections Act. (« directeur général des élections »)

"regular electoral division" means an electoral division established under The Electoral Divisions Act. (« circonscription électorale civique »)

"regular electoral division election" means an election to elect a member to represent a regular electoral division in the Legislative Assembly. (« élection tenue dans une circonscription électorale civique »)

"Indigenous electoral division" means an indigenous electoral division established under section 3. (« circonscription électorale autochtone »)

"Indigenous electoral division election" means an election to elect a member to represent an Indigenous electoral division in the Legislative Assembly. (« élection tenue dans une circonscription électorale autochtone »)

Purpose

2           The purpose of this Act is to provide a means of electing Indigenous persons as members of the Legislative Assembly who will represent the views, concerns and interests of Indigenous persons in Manitoba as well as those of all Manitobans generally.

INDIGENOUS ELECTORAL DIVISIONS

Indigenous electoral divisions established

3           The Indigenous electoral divisions set out in the Schedule are established.

VOTING

Voting options

4(1)        During a general election, a person who is qualified to vote under The Elections Act may

(a) vote to elect a person to serve as the member in the Legislative Assembly for the regular electoral division in which the person resides; or

(b) vote to elect a person to serve as the member in the Legislative Assembly for the Indigenous electoral division in which the person resides.

No restriction on voting based on heritage

4(2)        During a general election, a person may vote in an Indigenous electoral division election or a regular electoral division election regardless of their heritage. For greater certainty, Indigenous persons may vote in a regular electoral division election and non-Indigenous persons may vote in an Indigenous electoral division election.

CANDIDATES IN INDIGENOUS
ELECTORAL DIVISIONS

Eligibility requirements

5(1)        A person may be nominated as a candidate in an Indigenous electoral division election if

(a) the person satisfies the requirements set out in section 53 of The Elections Act; and

(b) the chief electoral officer confirms that the person has established his or her Indigenous heritage in accordance with subsection (2).

Establishing Indigenous heritage

5(2)        A person may establish his or her Indigenous heritage by providing the chief electoral officer with

(a) documentation prescribed by regulation that establishes the Indigenous heritage of a person; or

(b) a signed written notice in which the person declares that he or she identifies as an Indigenous person.

Documents available for inspection

5(3)        The chief electoral officer must make copies of the documents provided under subsection (2) and must make those copies available for inspection by members of the public.

Requirements

6(1)        The requirements of Part 6 of The Elections Act apply, with necessary changes, to candidates in an Indigenous electoral division election.

No endorsements by political parties

6(2)        Candidates in an Indigenous electoral division election may not be endorsed by a political party.

ADMINISTRATION OF INDIGENOUS
ELECTION DIVISION ELECTIONS

Chief electoral officer to function as returning officer

7           The chief electoral officer is the returning officer for all Indigenous electoral divisions.

Voting with regular electoral division elections

8(1)        During a general election, voting in an Indigenous electoral division election is to take place at the same voting places and use the same voters lists as are used for an election in a regular electoral division.

Role of returning officer for regular electoral division election

8(2)        The returning officer for a regular electoral division is responsible for administering voting in respect of an Indigenous electoral division election for voters who reside in the regular electoral division in accordance with the requirements of Parts 9 and 10 of The Elections Act.

MISCELLANEOUS PROVISIONS

Modifying requirements of Elections Act

9           The chief electoral officer may, by regulation, modify or waive specified provisions of The Elections Act in relation to Indigenous electoral division elections.

Regulations

10          The chief electoral officer may make regulations

(a) for the purpose of clause 5(2)(a), prescribing documentation to be provided to the chief electoral officer in order to be eligible for nomination as a candidate in an Indigenous electoral division election;

(b) defining any word or phrase used but not defined in this Act;

(c) respecting any matter necessary or advisable to carry out the purposes of this Act.

C.C.S.M. reference

11          This Act may be referred to as chapter I20 of the Continuing Consolidation of the Statutes of Manitoba.

Repeal

12          This Act is repealed on the last day of the 46th Legislature.

Coming into force

13          This Act comes into force on the day it receives royal assent, and applies to the first general election that takes place after this Act comes into force.

SCHEDULE
(Section 3)

Northern Indigenous Electoral Division

The Northern Indigenous Electoral Division consists of the following regular electoral divisions:

Agassiz Dauphin
Flin Flon Interlake–Gimli
Keewatinook Lac du Bonnet
Lakeside Riding Mountain
Swan River The Pas–Kameesak
Thompson

Southern Indigenous Electoral Division

The Southern Indigenous Electoral Division consists of the following regular electoral divisions:

Borderland Brandon East
Brandon West Dawson Trail
La Vérendrye Midland
Morden–Winkler Portage la Prairie
Red River North Selkirk
Springfield–Ritchot Spruce Woods
Steinbach Turtle Mountain

South Winnipeg Indigenous Electoral Division

The South Winnipeg Indigenous Electoral Division consists of the following regular electoral divisions:

Assiniboia Fort Garry
Fort Richmond Fort Rouge
Fort Whyte Kirkfield Park
Lagimodière Riel
River Heights Roblin
Seine River Southdale
St. James St. Vital
Tuxedo Waverley

North Winnipeg Indigenous Electoral Division

The North Winnipeg Indigenous Electoral Division consists of the following regular electoral divisions:

Burrows Concordia
Elmwood Kildonan–River East
McPhillips Notre Dame
Point Douglas Radisson
Rossmere St. Boniface
St. Johns The Maples
Transcona Tyndall Park
Union Station Wolseley

SCHEDULE B

THE ELECTIONS AMENDMENT ACT

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

1           The Elections Act is amended by this Schedule.

2           Section 1 is amended

(a) by replacing the definition "electoral division" with the following:

"electoral division" means a regular electoral division or an Indigenous electoral division. (« circonscription électorale »)

(b) by adding the following definitions:

"Indigenous electoral division" means an Indigenous electoral division established under The Indigenous Representation Act. (« circonscription électorale autochtone »)

"Indigenous electoral division election" means an election to elect a member to represent an Indigenous electoral division in the Legislative Assembly. (« élection tenue dans une circonscription électorale autochtone »)

"Indigenous electoral division ballot" means a ballot used to elect a member to represent an Indigenous electoral division. (« bulletin de vote pour circonscription électorale autochtone »)

"regular ballot" means a ballot used to elect a member to represent a regular electoral division. (« bulletin de vote ordinaire »)

"regular electoral division" means an electoral division established under The Electoral Divisions Act. (« circonscription électorale civique »)

"regular electoral division election" means an election to elect a member to represent a regular electoral division in the Legislative Assembly. (« élection tenue dans une circonscription électorale civique »)

3(1)        Subsection 34(1) is amended by adding "regular" before "electoral division".

3(2)        The following is added after subsection 34(1):

Returning officers for Indigenous electoral divisions

34(1.1)     The chief electoral officer is to serve as the returning officer for every Indigenous electoral division.

4(1)        Subsection 64(1) is amended by striking out "An electoral division" and substituting "A regular electoral division".

4(2)        Subsection 64(2) is amended by striking out "an electoral division" and substituting "a regular electoral division".

5           Subsection 74(1) is amended

(a) in clause (a), by striking out "an electoral division" and substituting "a regular electoral division"; and

(b) in clause (b), by striking out "electoral division" and substituting "regular electoral division".

6           Subsection 75(1) is amended by striking out "electoral division" and substituting "regular electoral division".

7           Subsection 76.1(1) is amended by striking out "electoral division" and substituting "regular electoral division".

8(1)        Subsection 98(1) is replaced with the following:

Printing of ballots

98(1)       The returning officer must arrange for regular ballots and Indigenous representation ballots to be printed on paper supplied by the chief electoral officer.

8(2)        Subsection 98(2) is amended in the part before clause (a) by adding "and Indigenous electoral division ballots" after "Regular ballots".

8(3)        The English version of clause 98(3)(a) is amended by adding "and Indigenous electoral division ballots" after "regular ballots".

8(4)        Subsection 98(4) is amended by adding "and Indigenous electoral division ballot" after "regular ballot".

8(5)        The English version of subsection 98(5) is amended by adding "and Indigenous electoral division ballot" after "regular ballot".

9           Subsection 101 is amended by renumbering it as subsection 101(1) and adding the following as subsection 101(2):

Separate ballot boxes

101(2)      There must be separate ballot boxes for regular ballots and Indigenous electoral division ballots. The ballot boxes must be prominently labelled to indicate which type of ballot is to be placed in it.

10          Subsection 111(2) is replaced with the following:

Treatment of ballot boxes

111(2)      Immediately before the voting station opens, the voting officer must show the ballot boxes to all persons present, to demonstrate that they are both empty. The voting officer must then seal the ballot boxes so that they cannot be opened without breaking the seal, and must keep the boxes sealed until the voting station is closed.

11          Subsection 112(2) is amended by striking out "the ballot box" and substituting "a ballot box".

12(1)       Subsection 117(1) is replaced with the following:

Voting options

117(1)      Voters at a voting station may vote using either a regular ballot or an Indigenous electoral division ballot.

12(2)       The following is added after subsection 117(1):

Voting options to be explained to voters

117(1.1)    The voting officer must ask a voter whether the voter wishes to vote in the regular electoral division election or the Indigenous electoral division election.

Giving required ballot

117(1.2)    If the voter advises that they want to vote

(a) in the regular electoral division election, the voting officer must give the voter a regular ballot; or

(b) in the Indigenous electoral division election, the voting officer must give the voter an Indigenous electoral division ballot.

Coming into force

13           This Act comes into force on the day it receives royal assent and applies to the first general election that takes place after this Act comes into force.


SCHEDULE C

THE ELECTION FINANCING AMENDMENT ACT

C.C.S.M. c. E27 amended

1           The Election Financing Act is amended by this Schedule.

2           Section 115 is amended by adding the following definition:

"Indigenous electoral division" means an Indigenous electoral division established under The Indigenous Representation Act. (« circonscription électorale autochtone »)

3           The following is added after subsection 58(4):

No endorsements in Indigenous electoral divisions

58(5)       A political party may not endorse candidates in Indigenous electoral divisions.

4           The following is added after section 115:

PART 16.1

INDIGENOUS ELECTORAL
DIVISION ELECTIONS

Application

115.1(1)    Subject to subsection (2), this Act applies to elections in an Indigenous electoral division.

Variance by regulation

115.1(2)    The CEO may, by regulation, modify or waive specified requirements of this Act in relation to elections in Indigenous electoral divisions.

Coming into force

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


SCHEDULE D

THE LEGISLATIVE ASSEMBLY AMENDMENT ACT

C.C.S.M. c. L110 amended

1           The Legislative Assembly Act is amended by this Schedule.

2           Section 1 is amended by adding the following definition:

"electoral division" means

(a) an electoral division established under The Electoral Divisions Act, or

(b) an Indigenous electoral division established under The Indigenous Representation Act; (« circonscription électorale »)

3            Subsection 3(1) is amended by striking out "57 members" and substituting "61 members".

4           The following is added after section 1 and before the centred heading that follows it:

Interpretation: members representing Indigenous electoral divisions

1.1         For the purpose of this Act and the rules of the Assembly, the members representing Indigenous electoral divisions are deemed to be a recognized political party and a recognized opposition party. Those members are entitled to all of the benefits, allowances and privileges that members of a recognized political party and recognized opposition party receive.

Transitional — reduction of salaries and benefits

5           On the coming into force of this Act,

(a) the following amounts payable to or in respect of members respecting the following are reduced by 7.5%:

(i) base salary,

(ii) additional salary payable under subsection 52.8(1),

(iii) additional living allowances,

(iv) constituency allowances,

(v) travel allowances, vehicle allowances, mileage and related expenses,

(vi) disability allowances,

(vii) severance allowances,

(viii) any other salary or allowance that the commissioner determines should be payable to members,

(ix) mailing, telephone and printing privileges,

(x) special supplies and assistance; and

(b) retirement benefits payable to members in respect of service commencing after the start of the 42nd Legislature are reduced by 7.5%.

Coming into force

6           This Act comes into force on the same day that the First Session of the 42nd Legislature commences.


SCHEDULE E

THE LEGISLATIVE ASSEMBLY
MANAGEMENT COMMISSION AMENDMENT ACT

C.C.S.M. c. L114 amended

1           The Legislative Assembly Management Commission Act is amended by this Schedule.

2           Section 1 is amended by adding the following definition:

"Indigenous electoral division" means an Indigenous electoral division established under The Indigenous Representation Act; (« circonscription électorale autochtone »)

3           The following is added after section 1:

Interpretation: members representing Indigenous electoral divisions

1.1         For the purpose of this Act, the members representing Indigenous electoral divisions are deemed to be an other opposition party.

Coming into force

4           This Act comes into force on the same day that the First Session of the 42nd Legislature commences.

Explanatory Note

This Bill enacts one new Act and amends four other Acts.

Schedule A — The Indigenous Representation Act

Schedule A enacts a new Act that creates four additional electoral divisions ("Indigenous electoral divisions"). Indigenous electoral divisions must be represented by Indigenous persons. All voters in a general election, regardless of whether they are Indigenous or non-Indigenous, will be able to choose whether they wish to vote to elect a candidate in their local electoral division or whether they would like to elect a candidate in an Indigenous electoral division.

Schedule B — The Elections Amendment Act

The Elections Act is amended to make the necessary changes required to deal with elections in Indigenous electoral divisions.

Schedule C — The Election Financing Amendment Act

The Chief Electoral Officer may, by regulation, modify the requirements of The Election Financing Act in relation to elections in Indigenous electoral divisions.

Schedule D — The Legislative Assembly Amendment Act

The Legislative Assembly Act is amended to recognize Indigenous electoral divisions and reflect the increase in the size of the Legislative Assembly. Members elected to represent Indigenous electoral divisions will be deemed to be members of a recognized political party in order to access the same rights and privileges as members of political parties with at least four members in the Legislative Assembly.

Schedule E — The Legislative Assembly Management Commission Amendment Act

Members elected to represent Indigenous electoral divisions will be treated as members of a political party in order to enable them to participate on the Legislative Assembly Management Commission.