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S.M. 2019, c. 22

Bill 240, 4th Session, 41st Legislature

The Elections Amendment Act

Explanatory Note

This note is a reader's aid and is not part of the law.

This Act amends The Elections Act to require candidates to disclose offences that they have pleaded guilty to or been found guilty of.

Offences for which a person received a record suspension under the Criminal Records Act (Canada) must be disclosed. Youth offences and those offences for which a pardon was granted under the Criminal Code are excluded.

(Assented to June 3, 2019)

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

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

1

The Elections Act is amended by this Act.

2(1)

Section 55 is amended by adding the following after item 5:

5.1   A statement of the prospective candidate disclosing any offence that they have pleaded guilty to or been found guilty of under

(a) the Criminal Code (Canada);

(b) the Controlled Drugs and Substances Act (Canada); or

(c) The Income Tax Act or the Income Tax Act (Canada) or any other law related to financial dishonesty that the Lieutenant Governor in Council has, by regulation, designated for the purpose of this section.

A prospective candidate is not required to disclose an offence under the Youth Criminal Justice Act (Canada) or the Young Offenders Act (Canada), or an offence for which they were granted a pardon, as provided for in section 748 of the Criminal Code.

2(2)

Section 55 is further amended by renumbering it as subsection 55(1) and adding the following as subsection 55(2):

Publication by CEO

55(2)

The chief electoral officer must publish on the Elections Manitoba website the statements required under item 5.1 of subsection (1).

Coming into force

3

Despite section 202 of The Elections Act, this Act comes into force on the day it receives royal assent.