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The Elections Amendment, Local Authorities Election Amendment and Consequential Amendments Act

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If you need an official copy, contact Statutory Publications.

S.M. 1995, c. 6

The Elections Amendment, Local Authorities Election Amendment and Consequential Amendments Act

(Assented to June 30, 1995)

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

PART 1

THE ELECTIONS ACT

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

1           The Elections Act is amended by this Part.

2(1)        Subsection 36(2) is repealed and the following is substituted:

Delivery to returning officer

36(2)       After completing the voters list, the enumerator shall promptly deliver it to the returning officer.

2(2)        Subsection 36(3) is repealed.

2(3)        Subsection 36(4) is amended by striking out "Upon posting a copy of the voters list and delivering copies thereof to the returning officer as required" and substituting "After delivering the voters list as required under subsection (2)".

3           Subsection 37(1) is repealed and the following is substituted:

Access to lists in office of returning officer

37(1)       The returning officer shall place one copy of each of the voters lists completed by the enumerators in the electoral division on file in his or her office, where they must be made available for public inspection at any reasonable time on any day, other than a holiday, until polling day.

Access to lists in municipal office

37(1.1)     The returning officer of an electoral division that includes one or more rural polling subdivisions may direct the enumerator to deliver a copy of the voters list to any municipal or other public office in the electoral division that the returning officer considers appropriate, where it must be made available for public inspection at any reasonable time on any day, other than a holiday, until polling day.

4           Subsection 38(4) is repealed.

5           The following is added after section 51:

Personal security protection on lists and records

51.1(1)     Despite any other provision of this Act, the name, address or other personal information of an eligible voter shall be omitted or obscured from the voters list, and from any other record prepared under this Act that is available to the public, if during an election period the voter applies in writing to an election officer to have that information omitted or obscured to protect the voter's personal security.

Public to be advised of right to protection

51.1(2)     The Chief Electoral Officer shall take such steps as the Chief Electoral Officer considers appropriate to inform the public of the protection for personal security that is available under this section.

6           Subsection 156(1) is amended by striking out "Every" and substituting "Except while acting under the authority of subsection 51.1(1), every".

7           Section 163 is amended

(a) by striking out "upon request or"; and

(b) by striking out "or make a copy of".

8           The following is added after section 163:

Misuse of voters list

163.1       A person who uses all or any part of a voters list prepared for the purpose of this Act for a purpose other than a political purpose or federal, municipal or school electoral purposes is guilty of an election offence.

PART 2

THE LOCAL AUTHORITIES ELECTION ACT

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

9           The Local Authorities Election Act is amended by this Part.

10          The heading preceding section 14 is amended by striking out ", POSTING," .

11(1)       Clause 17(1)(c) is repealed and the following is substituted:

(c) place a copy of the list in the offices of the authority, where it must be kept available for public inspection at any reasonable time until polling day.

11(2)       Subsection 17(2) is repealed.

12          Section 18 is repealed.

13          Clause 31(5)(b) is repealed and the following is substituted:

(b) if the council of the local authority so provides by resolution,  may sell or otherwise dispose of any surplus copies of the list

(i) to persons provided for in the resolution who certify in writing that they require the list for a political purpose or for federal or provincial electoral purposes, and

(ii) on any terms as to payment that the resolution provides;

14          The following is added after section 36:

Personal security protection on lists and records

36.1(1)     Despite any other provision of this Act,  the name, address or other personal information of an elector shall be omitted or obscured from the list of electors, and from any other record prepared under this Act that is available to the public, if before revision of the list is completed the elector applies in writing to the enumerator or the revising officer to have that information omitted or obscured to protect the elector's personal security.

Electors to be advised of right to protection

36.1(2)     Before revision of the list of electors, the revising officer shall advise electors of the protection for personal security that is available to them under this section.

Misuse of voters list

36.2        A person who uses all or any part of a list of electors prepared for the purpose of this Act for a purpose other than a political purpose or federal or provincial electoral purposes is guilty of an offence.

PART 3

CONSEQUENTIAL AMENDMENTS

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

15          The Municipal Act is amended by adding the following after subsection 143(5):

Personal security protection in election materials

143(6)      Despite this section, information about an elector that is omitted or obscured from a list of electors or other record under section 36.1 of The Local Authorities Election Act (personal security protection on lists and records) shall not be made available for inspection or copying under this section.

S.M. 1989-90, c.10 amended

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

16(2)       The following is added after subsection 81.3(3):

Personal security protection in election materials

81.3(4)     Despite this section, information about an elector that is omitted or obscured from a list of electors or other record under section 36.1 of The Local Authorities Election Act (personal security protection on lists and records) shall not be made available for examination, inspection or copying under this section.

16(3)       Subsection 89.3(2) is amended by adding ", subject to clause 31(5)(b) of The Local Authorities Election Act," after "including".

PART 4

COMING INTO FORCE

Coming into force

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