An Act to Amend the Local Authorities Elections Act

Summary#

This bill makes targeted changes to the Northwest Territories’ Local Authorities Elections Act and related parts of the Education Act. The main change removes wording that limited certain election powers to municipalities only, so that other local authorities covered by the Act can also use them. It also shifts the number of elected members on District Education Authorities (DEAs) to be set in regulations.

• Removes the word “Municipal” from a heading and the phrase “that is a municipality” from two sections (52.1 and 52.2) of the Local Authorities Elections Act, so those sections apply to all local authorities under the Act, not just municipalities.
• Updates wording so that the relevant authority can make an “administrative bylaw” (a local rule made by the authority), not only a “municipal bylaw.”
• Amends the Education Act so the Minister, by regulation, will state whether a DEA has 5, 6, or 7 members.
• Repeals Education Act paragraph 151(3)(e.1) (the effect of this specific repeal is not clear from the bill text alone).
• The Education Act changes take effect after related 2023 Education Act amendments come into force; no special start date is stated for the Local Authorities Elections Act changes.

What it means for you#

• Local voters and candidates

  • Election rules set under sections 52.1 and 52.2 of the Local Authorities Elections Act could now be used by non‑municipal local authorities as well. This could mean your local election process may change if your authority adopts new bylaws under those sections. The bill does not spell out the exact topics of those sections here.
  • If you vote in District Education Authority elections, the number of seats on your DEA may be set at 5, 6, or 7 by regulation. This could change the number of candidates on the ballot.

• District Education Authorities (DEAs)

  • The size of your board will be determined by Ministerial regulation (within 5–7 members). You may need to adjust election planning to match the set number.
  • If sections 52.1 and 52.2 were previously limited to municipalities, you would now be able to make the relevant administrative bylaws and use those election options, if you choose to do so.

• Municipalities and other local authorities covered by the Act

  • Municipalities likely see little change if they already used these sections; the change mainly opens them to other local authorities.
  • Non‑municipal local authorities may now pass administrative bylaws under sections 52.1 and 52.2, which could require staff time, public notice, and updates to election procedures.

• Timing

  • The Education Act changes start only after specified 2023 Education Act amendments are in force.
  • The bill does not specify a special start date for the Local Authorities Elections Act changes.

• What is unclear

  • The bill text provided does not explain what subjects sections 52.1 and 52.2 cover, so the exact practical changes will depend on those sections and any new bylaws made under them.

Expenses#

No publicly available information.

• Possible minor administrative costs for local authorities that choose to create or update bylaws and election procedures.
• Possible costs for the Department of Education to develop and maintain regulations setting DEA board sizes.

Proponents' View#

• The bill appears intended to make election tools or options in sections 52.1 and 52.2 available to all local authorities under the Act, not just municipalities. This could improve consistency and fairness across different local bodies.
• Allowing non‑municipal authorities to make the needed administrative bylaws could clarify who has the power to set local election details.
• Setting DEA board size by regulation (within 5–7 members) could provide flexibility to match community needs without having to amend the law each time.
• Aligning these changes with recent Education Act amendments may streamline how school authority elections are organized.

Opponents' View#

• One concern is that moving the number of DEA members into regulation reduces legislative scrutiny and could create uncertainty if the number changes more often.
• It is unclear, based on the bill text provided, exactly what new election options or rules sections 52.1 and 52.2 cover. This makes it hard for the public to know what will change until bylaws are passed.
• Non‑municipal local authorities may face new administrative work to draft, consult on, and implement administrative bylaws, which could strain limited capacity.
• Changing DEA board sizes could affect local representation; the bill does not explain the criteria the Minister will use to set 5, 6, or 7 members.