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Statutes of Newfoundland 1997


CHAPTER 4

CHAPTER 4

AN ACT TO AMEND THE CITY OF ST. JOHNíS ACT AND THE ST. JOHNíS MUNICIPAL
ELECTIONS ACT

(Assented to May 20, 1997)

Analysis

CITY OF ST.
JOHNíS ACT

1. S.5 Amdt.
Council

2. S.6 Amdt.
Remuneration

3. S.7 Amdt.
Oath or affirmation of
office

4. S.7.1 Added
No nomination for mayor
or deputy mayor

5. S.15 Amdt.
Deputy mayor

6. Ss.15.1 & 15.2 Added
15.1 Vacancy re mayor
15.2 Vacancy re deputy

mayor

ST. JOHNíS MUNICIPAL
ELECTIONS ACT

7. S.3 Amdt.
Elective offices

8. S.5 Amdt.
Candidates qualification

9. S.8 Amdt.
Polling day

10. S.9 Amdt.
Special election

11. S.11 Amdt.
Deputies, poll clerks appointed

12. S.25 Amdt.
Form of nomination

13. S.39 Amdt.
Number of votes

14. S.40 R&S
Separate ballot papers

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

CITY OF ST. JOHNíS ACT


RSN1990 cC-17 as amended

1. Subsection 5(2) of the City of St. Johnís Act is repealed and the following substituted:

(2) The council shall consist of a mayor, deputy mayor and 9 councillors but the council may, subject to the approval of the Lieutenant-Governor in Council, by by-law carried by a 2/3 vote of the council, decrease the number of councillors to 7.

2. Section 6 of the Act is amended by adding a comma and the words "deputy mayor" immediately after the word "mayor".

3. (1) Subsection 7(1) of the Act is repealed and the following substituted:

Oath or affirmation of office

7. (1) The mayor, deputy mayor and councillors shall before beginning the duties of their office, take and sign the following oath of office:

I, A.B., swear (or affirm) that I will faithfully fulfil the duties of mayor (or deputy mayor or councillor) while I hold that office, according to the best of my judgment and ability. (Where an oath is taken, add "So help me God.").

(2) Subsection 7(2) of the Act is amended by inserting the words "deputy mayor and" immediately before the word "councillors".

4. The Act is amended by adding immediately after section 7 the following:

No nomination for mayor or deputy mayor

7.1 (1) Where no person is nominated for the office of mayor, the deputy mayor and councillors may, at the first meeting of the council after an election, elect either the deputy mayor or a councillor to be mayor.

(2) Where no person is nominated for the office of deputy mayor, the mayor and councillors may, at the first meeting of the council after an election, elect one councillor to be deputy mayor.

(3) Where no persons are nominated for the offices of mayor and deputy mayor, the councillors may, at the first meeting of the council after an election, elect one councillor to be mayor and one councillor to be deputy mayor.

5. Subsection 15(1) of the Act is repealed.

6. The Act is amended by adding the following immediately after section 15:

Vacancy re mayor

15.1 Where a vacancy occurs in the office of mayor within 2 years of an election, a by-election shall be held to fill that position; however, if a vacancy occurs in the office of mayor more than 2 years after an election, then the deputy mayor shall assume the office of mayor for the remainder of the mayors term and has the powers and shall exercise the duties of the mayor.

Vacancy re deputy mayor

15.2 Where a vacancy occurs in the office of deputy mayor within 2 years of an election, a by-election shall be held to fill that position; however, if a vacancy occurs in the office of deputy mayor more than 2 years after an election, a deputy mayor shall be elected by the mayor and councillors from among the councillors at the first meeting of the council after the vacancy occurs.

ST. JOHNíS MUNICIPAL ELECTIONS ACT

RSN1990 cS-5 as amended

7. Section 3 of the St. Johnís Municipal Elections Act is amended by adding a comma immediately after the word "mayor" and by adding immediately after that the words "deputy mayor".

8. Section 5 of the Act is amended by adding a comma immediately after the word "mayor" and by adding the words "deputy mayor" immediately after the comma.

9. Section 8 of the Act is amended by adding a comma immediately after the word "mayor" and by adding immediately after that the words "deputy mayor".

10. Subsection 9(3) of the Act is amended by adding immediately after the word "mayor" wherever it occurs a comma and the words "deputy mayor".

11. Paragraph 11(2)(a) of the Act is amended by adding a comma immediately after the word "mayor" and by adding immediately after that the words "deputy mayor".

12. Subsection 25(2) of the Act is amended by deleting the word "and" at the end of paragraph (a) and by adding the following immediately after paragraph (a):

(a.1) in the case of a candidate for the office of deputy mayor, received a number of votes at least equal to 1/2 of the total number of votes polled for the candidate elected as deputy mayor; and

13. Subsection 39(1) of the Act is amended by adding a comma and the words "for the office of deputy mayor" immediately after the words "office of mayor".

14. Section 40 of the Act is repealed and the following substituted:

Separate ballot papers

40. The name of the candidates for mayor and deputy mayor shall each be on a different ballot paper from the names of candidates for councillors but all ballot papers shall be in a form which the Lieutenant-Governor may prescribe.

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