40

 


First Session, 45th General Assembly

53 Elizabeth II, 2004

BILL 40

AN ACT TO AMEND THE HOUSE OF
ASSEMBLY ACT AND THE ELECTIONS ACT, 1991

Received and Read the First Time...................................................................................................

Second Reading.................................................................................................................................

Committee.................................................................................... December 13, 2004 Amendment

Third Reading.....................................................................................................................................

Royal Assent......................................................................................................................................

HONOURABLE EDWARD J. BYRNE

Government House Leader

Ordered to be printed by the Honourable House of Assembly

 


EXPLANATORY NOTES

This Bill would amend the House of Assembly Act to provide a fixed date for the holding of a general election in the province.

The Bill would also amend the House of Assembly Act to provide that a by-election shall be called within 60 days of a seat becoming vacant.

This Bill would amend the House of Assembly Act to require, in the event the leader of the party forming the government resigns and a new leader, who is subsequently sworn in as Premier, is elected by the party not later than 3 years after the most recent general election, the new leader and Premier shall, within 12 months, provide advice to the Lieutenant-Governor that the House of Assembly be dissolved and a general election held.

The Bill would, as well, amend the Elections Act, 1991 to provide that in the case of a by-election, the election must be held not later than 30 days from the date of issuing of the proclamation of the election.


A BILL

AN ACT TO AMEND THE HOUSE OF
ASSEMBLY ACT AND THE ELECTIONS ACT, 1991

Analysis


              HOUSE OF ASSEMBLY

        1.   S.3 R&S
3.     Duration of House of
        Assembly
3.1   Election on change of Premier

              ELECTIONS ACT, 1991

        3.   S.58 Amdt.
Polling day

 


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

HOUSE OF ASSEMBLY

RSNL1990 cH-10
as amended

        1. Section 3 of the House of Assembly Act is repealed and the following substituted:

Duration of House of Assembly

        3. (1) Notwithstanding subsection (2), the Lieutenant-Governor may, by proclamation in Her Majesty's name, prorogue or dissolve the House of Assembly when the Lieutenant-Governor sees fit.

             (2)  A polling day at a general election shall be held on the second Tuesday in October, 2007 and afterward on the second Tuesday in October in the fourth calendar year following the polling day at the most recently held general election.

Election on change of Premier

      3.1 Where the leader of the political party that forms the government resigns his or her position as leader and as Premier of the province before the end of the third year following the most recent general election, the person who is elected by the party to replace him or her as the leader of the party and who is sworn in as the Premier of the province by the Lieutenant-Governor shall, not later than 12 months afterward, provide advice to the Lieutenant-Governor that the House of Assembly be dissolved and a general election be held.

 

        2. Section 54 of the Act is amended by striking out the word and figure "3 months" and substituting the word and figure "60 days".

ELECTIONS ACT, 1991

SNL1992 cE‑3.1
as amended

        3. Section 58 of the Elections Act, 1991 is repealed and the following substituted:

Polling day

      58. The day of polling to be fixed by the proclamation required under section 57 shall be a day not less than 21 clear days from the date of the proclamation nor more than 30 clear days.