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:
The Indigenous Representation Act set out in Schedule A is hereby enacted.
The Elections Amendment Act set out in Schedule B is hereby enacted.
Election Financing Amendment Act
The Election Financing Amendment Act set out in Schedule C is hereby enacted.
Legislative Assembly Amendment Act
The Legislative Assembly Amendment Act set out in Schedule D is hereby enacted.
Legislative Assembly Management Commission Amendment Act
The Legislative Assembly Management Commission Amendment Act set out in Schedule E is hereby enacted.
Subject to subsection (2), this Act comes into force on the day it receives royal assent.
Coming into force of Schedules
The Schedules to this Act come into force as provided in the coming into force section at the end of each Schedule.
THE INDIGENOUS REPRESENTATION ACT
INTRODUCTORY PROVISIONS
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 »)
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
The Indigenous electoral divisions set out in the Schedule are established.
VOTING
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
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
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
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
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.
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
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
The chief electoral officer is the returning officer for all Indigenous electoral divisions.
Voting with regular electoral division elections
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
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
The chief electoral officer may, by regulation, modify or waive specified provisions of The Elections Act in relation to Indigenous electoral division elections.
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.
This Act may be referred to as chapter I20 of the Continuing Consolidation of the Statutes of Manitoba.
This Act is repealed on the last day of the 46th Legislature.
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 |
THE ELECTIONS AMENDMENT ACT
The Elections Act is amended by this Schedule.
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 »)
Subsection 34(1) is amended by adding "regular" before "electoral division".
The following is added after subsection 34(1):
Returning officers for Indigenous electoral divisions
The chief electoral officer is to serve as the returning officer for every Indigenous electoral division.
Subsection 64(1) is amended by striking out "An electoral division" and substituting "A regular electoral division".
Subsection 64(2) is amended by striking out "an electoral division" and substituting "a regular electoral division".
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".
Subsection 75(1) is amended by striking out "electoral division" and substituting "regular electoral division".
Subsection 76.1(1) is amended by striking out "electoral division" and substituting "regular electoral division".
Subsection 98(1) is replaced with the following:
The returning officer must arrange for regular ballots and Indigenous representation ballots to be printed on paper supplied by the chief electoral officer.
Subsection 98(2) is amended in the part before clause (a) by adding "and Indigenous electoral division ballots" after "Regular ballots".
The English version of clause 98(3)(a) is amended by adding "and Indigenous electoral division ballots" after "regular ballots".
Subsection 98(4) is amended by adding "and Indigenous electoral division ballot" after "regular ballot".
The English version of subsection 98(5) is amended by adding "and Indigenous electoral division ballot" after "regular ballot".
Subsection 101 is amended by renumbering it as subsection 101(1) and adding the following as subsection 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.
Subsection 111(2) is replaced with the following:
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.
Subsection 112(2) is amended by striking out "the ballot box" and substituting "a ballot box".
Subsection 117(1) is replaced with the following:
Voters at a voting station may vote using either a regular ballot or an Indigenous electoral division ballot.
The following is added after subsection 117(1):
Voting options to be explained to voters
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.
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.
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.
THE ELECTION FINANCING AMENDMENT ACT
The Election Financing Act is amended by this Schedule.
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 »)
The following is added after subsection 58(4):
No endorsements in Indigenous electoral divisions
A political party may not endorse candidates in Indigenous electoral divisions.
The following is added after section 115:
PART 16.1
INDIGENOUS ELECTORAL
DIVISION ELECTIONS
Subject to subsection (2), this Act applies to elections in an Indigenous electoral division.
The CEO may, by regulation, modify or waive specified requirements of this Act in relation to elections in Indigenous electoral divisions.
This Act comes into force on the day it receives royal assent.
THE LEGISLATIVE ASSEMBLY AMENDMENT ACT
The Legislative Assembly Act is amended by this Schedule.
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 »)
Subsection 3(1) is amended by striking out "57 members" and substituting "61 members".
The following is added after section 1 and before the centred heading that follows it:
Interpretation: members representing Indigenous electoral divisions
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
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%.
This Act comes into force on the same day that the First Session of the 42nd Legislature commences.
THE LEGISLATIVE ASSEMBLY
MANAGEMENT COMMISSION AMENDMENT ACT
The Legislative Assembly Management Commission Act is amended by this Schedule.
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 »)
The following is added after section 1:
Interpretation: members representing Indigenous electoral divisions
For the purpose of this Act, the members representing Indigenous electoral divisions are deemed to be an other opposition party.
This Act comes into force on the same day that the First Session of the 42nd Legislature commences.