5th Session, 42nd Legislature
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Bill 28
THE LOCAL GOVERNMENT STATUTES AMENDMENT ACT
| Bilingual version (PDF) | Explanatory Note |
(Assented to )
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
PART 1
THE CITY OF WINNIPEG CHARTER
1 The City of Winnipeg Charter is amended by this Part.
2 The following is added after section 23:
MEMBERS OF COUNCIL RUNNING FOR PROVINCIAL OFFICE
23.1(1) A member of council who proposes to become a candidate for election as a member of the Legislative Assembly must take a leave of absence from council as provided for under this section.
23.1(2) The leave
(a) begins on the day that the member's nomination documents are received by the returning officer in accordance with section 56 of The Elections Act; and
(b) ends on the earlier of the following days as determined under The Elections Act:
(i) the day after the closing day for nominations, if the member's nomination is refused by the returning officer,
(ii) the day after the day the member withdraws from the election,
(iii) the day after election day.
23.1(3) The member must promptly notify the city clerk when their leave begins and ends.
23.1(4) While on leave, the member in their capacity as a member of council must not attend, participate in or vote at a meeting or hearing of, or attempt to influence any matter before,
(a) council or a committee of council or a subcommittee thereof; or
(b) any other body on which the member serves in their capacity as a member of council.
Absence while on leave not failure to attend
23.1(5) The member's absence from a meeting of council while on leave is not considered a failure to attend a meeting of council without authorization for the purpose of clause 47(1)(c).
Indemnities, expenses and benefits
23.2 While a member of council is on a leave of absence under section 23.1,
(a) the member is not entitled to any payments under a by-law passed under clauses 84(1)(a) to (d); and
(b) the member and their dependants may continue to participate in any pension or group insurance plans referred to in clauses 84(1)(e) and (f) and section 85 that they would otherwise participate in, if the member
(i) makes a written request to the city clerk before or immediately after the leave begins, and
(ii) pays all contributions or premiums, including any contributions or premiums that would otherwise be paid by the city.
3 Clause 47(1)(b) is replaced with the following:
(b) is a member of the Legislative Assembly;
PART 2
THE ELECTIONS ACT
4 Clause 53(2)(b) of The Elections Act is repealed.
PART 3
THE MUNICIPAL ACT
5 The Municipal Act is amended by this Part.
6 The following is added after section 91:
MEMBERS OF COUNCIL RUNNING FOR PROVINCIAL OFFICE
91.1(1) A member of a council who proposes to become a candidate for election as a member of the Legislative Assembly must take a leave of absence from the council as provided for under this section.
91.1(2) The leave
(a) begins on the day that the member's nomination documents are received by the returning officer in accordance with section 56 of The Elections Act; and
(b) ends on the earlier of the following days as determined under The Elections Act:
(i) the day after the closing day for nominations, if the member's nomination is refused by the returning officer,
(ii) the day after the day the member withdraws from the election,
(iii) the day after election day.
Notice to chief administrative officer
91.1(3) The member must promptly notify the chief administrative officer when their leave begins and ends.
91.1(4) While on leave, the member in their capacity as a member of a council must not attend, participate in or vote at a meeting or hearing of, or attempt to influence any matter before,
(a) the council or a council committee; or
(b) any other body on which the member serves in their capacity as a member of a council.
Member on leave not considered absent
91.1(5) The member's absence from a council meeting, or a committee meeting of a committee of a local urban district, while on leave is not considered an absence without leave of the council or committee for the purposes of clauses 94(1)(a) and (b).
91.2 While a member of a council is on a leave of absence under section 91.1, the member is not entitled to any payments under a resolution passed under section 116 or a by-law passed under section 124.
7 Subsection 160(2) is amended by striking out "or" at the end of clause (b), adding "or" at the end of clause (c) and adding the following after clause (c):
(d) is on an authorized leave of absence.
PART 4
THE NORTHERN AFFAIRS ACT
8 The Northern Affairs Act is amended by this Part.
9 The definition "election" in section 1 is amended by adding "unless the context requires a different meaning" at the end.
10 The following is added after section 84:
Leave of absence — candidacy in provincial election
84.1(1) A member of a council who proposes to become a candidate for election as a member of the Legislative Assembly must take a leave of absence from the council as provided for under this section.
84.1(2) The leave
(a) begins on the day that the member's nomination documents are received by the returning officer in accordance with section 56 of The Elections Act; and
(b) ends on the earlier of the following days as determined under The Elections Act:
(i) the day after the closing day for nominations, if the member's nomination is refused by the returning officer,
(ii) the day after the day the member withdraws from the election,
(iii) the day after election day.
Notice to community administrative officer
84.1(3) The member must promptly notify the community administrative officer when their leave begins and ends.
84.1(4) While on leave, the member in their capacity as a member of a council must not attend, participate in or vote at a meeting or hearing of, or attempt to influence any matter before,
(a) the council or a council committee; or
(b) any other body on which the member serves in their capacity as a member of a council.
Member on leave not considered absent
84.1(5) The member's absence from a council meeting while on leave is not considered an absence without leave of the council for the purpose of subsection 86(2).
84.2 While a member of a council is on a leave of absence under section 84.1, the member is not entitled to any payments under a by-law or resolution passed under section 131.
84.3 For greater certainty, for the purpose of section 12 of The Legislative Assembly Act, amounts payable under a by-law or resolution passed under section 131 to or on behalf of members of a council of a community that is not incorporated are not considered payable from the Crown in right of the province.
11 Subsection 130(2) is amended by striking out "or" at the end of clause (b), adding "or" at the end of clause (c) and adding the following after clause (c):
(d) is on an authorized leave of absence.
PART 5
THE PUBLIC SCHOOLS ACT
12 The Public Schools Act is amended by this Part.
13 The following is added as sections 27.1 and 27.2 and before the centred heading "OFFICIAL TRUSTEE":
TRUSTEES RUNNING FOR PROVINCIAL OFFICE
27.1(1) A trustee who proposes to become a candidate for election as a member of the Legislative Assembly must take a leave of absence from the school board as provided for under this section.
27.1(2) The leave
(a) begins on the day that the trustee's nomination documents are received by the returning officer in accordance with section 56 of The Elections Act; and
(b) ends on the earlier of the following days as determined under The Elections Act:
(i) the day after the closing day for nominations, if the trustee's nomination is refused by the returning officer,
(ii) the day after the day the trustee withdraws from the election,
(iii) the day after election day.
27.1(3) The trustee must promptly notify the secretary-treasurer of the school division or school district when their leave begins and ends.
27.1(4) While on leave, the trustee in their capacity as a trustee must not attend, participate in or vote at a meeting or hearing of, or attempt to influence any matter before,
(a) the school board or any committee or subcommittee of the school board or any subcommittee of a committee; or
(b) any other body on which the trustee serves in their capacity as a trustee.
Absence while on leave not failure to attend
27.1(5) The trustee's absence from a meeting of the school board while on leave is not considered a failure to attend a meeting of the school board without authorization for the purpose of clause 39.8(c).
27.2 While a trustee is on a leave of absence under section 27.1, the trustee is not entitled to any payments under a by-law, resolution or other determination made under subsections 56(1) to (3).
14 Subsection 30(1) is amended by adding "However, the consent and presence of a trustee on an authorized leave of absence is not required." at the end.
PART 6
COMING INTO FORCE
15 This Act comes into force on the day it receives royal assent.