Third Session, Thirty-Eighth Legislature
This version is based on the printed bill that was distributed in the Legislature after First Reading. It is not the official version. If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.
Bill 29
THE MUNICIPAL COUNCILS AND SCHOOL BOARDS ELECTIONS ACT
Section | Table of Contents |
PART 1 | |
INTRODUCTORY PROVISIONS | |
1 | Definitions |
2 | Application of Act |
3 | Other Acts prevail |
4(1) | Public notice |
(2) | More than one newspaper |
5 | Public notices may be combined |
6(1) | Oaths |
(2) | Form of oath may be prescribed |
7(1) | Establishing identity |
(2) | Establishing identity in another way |
PART 2 | |
APPOINTMENTS AND ARRANGEMENTS | |
8(1) | Agreements |
(2) | By-laws made applicable |
9 | Cost |
SENIOR ELECTION OFFICIAL | |
10(1) | Senior election official must be appointed |
(2) | Person may be appointed in more than one authority |
(3) | When appointment ends |
(4) | If office of senior election official is vacant |
11(1) | General duties of senior election official |
(2) | S.E.O. must be independent and impartial |
(3) | Elected authority directions by by-law or resolution |
ASSISTANT SENIOR ELECTION OFFICIAL | |
12(1) | Appointment of assistant senior election official |
(2) | Assistant to act in place of S.E.O. |
OTHER ELECTION OFFICIALS | |
13(1) | Other election officials |
(2) | Term |
(3) | Duties of election official |
DELEGATION | |
14(1) | Delegation |
(2) | S.E.O. retains powers and duties |
OATH | |
15(1) | Oath of election officials |
(2) | Second oath not required |
16 | Power to administer oath |
INELIGIBILITY AND REPLACEMENT OF ELECTION | |
17(1) | Who may not be an election official |
(2) | Obligation if election official becomes ineligible |
18 | Replacing an election official |
19 | If election official not qualified |
PRESERVATION OF ORDER AT ELECTIONS | |
20(1) | Keeping order |
(2) | Assistance of peace officer may be required |
(3) | Interpretation: "voting place" |
PART 3 | |
VOTERS | |
ELIGIBILITY | |
21(1) | Eligibility of person who is a resident |
(2) | Residency |
(3) | Persons with no fixed address |
(4) | Oath conclusive in absence of other evidence |
(5) | New or expanded local authority |
22(1) | |
(2) | Maximum of two non-resident voters per property |
(3) | Non-residents: new or expanded municipality |
(4) | Application: vote under Part 2 of Municipal Act |
VOTERS LIST | |
23(1) | S.E.O. to establish and maintain voters list |
(2) | Voting subdivisions may be created |
24 | One entry only |
25(1) | Residence determines division of list |
(2) | Non-resident qualified in more than one subdivision |
(3) | Senior election official to act |
26 | Format of list |
27 | Content of voters list |
28(1) | |
(2) | Agreements |
(3) | Information from previous voters lists |
29 | Entitlement to information on voters list |
30 | Restrictions on use of information on voters list |
31 | Period when voters list closed to revision |
ENUMERATION | |
32(1) | Enumeration |
(2) | Conduct of enumeration |
(3) | Identification |
(4) | Right of entry |
(5) | Time for entry may be set |
ADDING NAMES TO VOTERS LIST AT THE TIME OF | |
33(1) | Name added to voters list at time of voting |
(2) | Non-resident voter |
PERSONAL SECURITY PROTECTION | |
34(1) | Personal security protection |
(2) | How to file application |
(3) | Application requirements |
(4) | Personal security certificate |
(5) | Voters list requirements |
(6) | Placement of identification number on voters list |
(7) | Procedures for voting |
(8) | Form of personal security certificate |
35 | Powers of senior election official |
PUBLIC NOTICE | |
36 | Public notice — voters list and personal security |
VOTERS LIST GIVEN TO CANDIDATES | |
37(1) | Candidates entitled to copy of voters list |
(2) | Use of voters list by candidates |
(3) | Interpretation: "election period" |
PART 4 | |
NOMINATIONS | |
38 | Who may be nominated |
39 | Nomination period |
40(1) | Only one office at a time |
(2) | Current member must resign to run in by-election |
(3) | More than one by-election on same date |
41(1) | Notice of nominations |
(2) | Content of notice of nominations |
42(1) | What nomination must include |
(2) | Number of voters required |
(3) | Nomination of mayor — City of Winnipeg |
43(1) | How to file a nomination |
(2) | Method of filing |
(3) | Candidate may be required to file in person |
(4) | Obligation to ensure documents received |
44 | Nomination papers available for inspection |
45(1) | Verifying the nomination |
(2) | Nomination confirmed or refused |
(3) | Candidate upon acceptance of nomination papers |
(4) | Correcting or replacing nomination papers |
OFFICIAL AGENT | |
46(1) | Official agent |
(2) | Appointment |
WITHDRAWALS | |
47(1) | Withdrawing a nomination |
(2) | Signature must be witnessed |
(3) | Limitation on withdrawals |
ACCLAMATIONS OR ELECTIONS | |
48(1) | Acclamation |
(2) | Public notice of election |
DEATH OF A CANDIDATE | |
49 | Death of candidate |
ACCESS FOR CAMPAIGNING | |
50(1) | Right of access |
(2) | Exception when voting station in building |
(3) | Exception for shelters |
(4) | Access to health care and correctional facilities |
(5) | Access to communities for campaigning |
PART 5 | |
PREPARING FOR AN ELECTION | |
51(1) | Establishing voting stations |
(2) | Central voting place |
(3) | Location of voting places |
(4) | Voting place must be accessible |
(5) | Restrictions: voting place |
52(1) | New voting place |
(2) | Notice of change |
53 | Equipping voting stations |
BALLOTS | |
54(1) | Printing of ballots |
(2) | S.E.O. determines if separate or composite ballot |
55(1) | Rules for ballots |
(2) | Ordering of names |
(3) | Random lot |
(4) | Rotating order |
(5) | Variation does not invalidate election |
(6) | Candidates with same name |
(7) | Form of composite ballot |
56(1) | New ballots if candidate dies |
(2) | Exception |
57 | Record of ballots provided |
OTHER EQUIPMENT AT VOTING STATIONS | |
58 | Ballot boxes |
59 | Voting compartment |
60 | Voting directions |
61 | Voting record |
VOTE-COUNTING MACHINES | |
62(1) | Use of counting machines |
(2) | Content of by-law — procedures, forms and testing |
(3) | By-law may be inconsistent with the Act |
(4) | By-law must follow Act |
(5) | Use of vote-counting machines |
63 | Application of by-law |
64 | Regulation re vote-counting machines |
PART 6 | |
VOTING | |
DIVISION 1 | |
GENERAL | |
65 | Rights of a voter |
66(1) | May only vote once |
(2) | Voting for a candidate |
(3) | One vote on a question |
DIVISION 2 | |
REGULAR VOTING | |
NOTICE OF WHERE TO VOTE | |
67(1) | Notice in Winnipeg and other prescribed authorities |
(2) | School divisions partially in Winnipeg |
OPERATION OF VOTING PLACES AND STATIONS | |
68 | Who may be present at voting station |
69(1) | Preparation of ballot box |
(2) | Location of ballot box |
70(1) | Voting record |
(2) | Voting record — record of scrutineers |
(3) | When person deemed to have voted |
SCRUTINEERS | |
71(1) | Scrutineers |
(2) | Scrutineers — vote on a question |
(3) | S.E.O. may designate a representative scrutineer |
(4) | Scrutineer must show appointment |
(5) | What a scrutineer can do |
POLITICAL ACTIVITIES AT VOTING PLACES | |
72(1) | No display of election material in voting place |
(2) | Voting place in mall |
(3) | Order to remove sign |
(4) | Duty to remove |
(5) | Exception for notices under Act |
(6) | Exception for scrutineers |
VOTING AT VOTING STATIONS ON ELECTION DAY | |
73 | Voting hours |
74 | Voting at a voting station |
75(1) | Eligible voter whose name is on voters list |
(2) | Voting official may require identification |
76(1) | Eligible voter whose name is not on voters list |
(2) | Eligible voter must be added to voters list |
77(1) | When records show voter already voted |
(2) | |
78 | Indication of voting made on voters list |
CHALLENGING A VOTER | |
79(1) | Who may challenge |
(2) | Reason for challenge |
(3) | Failure to give reason |
(4) | Deadline for challenges |
(5) | What challenged person must do to vote |
(6) | Other inquires prohibited |
(7) | Refusing or failing to comply before ballot received |
VOTING | |
80 | Voting |
81 | Voter to leave after voting |
SPECIAL VOTING SITUATIONS | |
82(1) | Voting with template |
(2) | Assistance with template |
83(1) | Voter requiring assistance of another person |
(2) | Who may assist voter |
(3) | Limit on assistance |
(4) | Assistant's obligations |
84(1) | Interpreter |
(2) | Election official may act as interpreter |
(3) | Oath |
85(1) | Moving ballot box |
(2) | Privacy |
(3) | Securing materials |
(4) | Scrutineers may be present |
86(1) | Spoiled ballot |
(2) | Treatment of spoiled ballot |
SECRECY | |
87(1) | Secrecy of voting |
(2) | Voter not to show ballot |
(3) | No one allowed in voting compartment |
88 | No requirement to disclose vote |
DIVISION 3 | |
ALTERNATIVE VOTING OPPORTUNITIES | |
ADVANCE VOTING | |
89 | Required advance voting opportunity |
90(1) | Additional advance voting opportunities |
(2) | Notice of additional advance voting opportunities |
91(1) | When advance voting may occur |
(2) | Voting record may contain voters list |
(3) | Record returned to senior election official |
(4) | Voters list to indicate who voted in advance |
92(1) | Securing ballot box between uses |
(2) | Securing ballot box and voting materials |
93 | Conduct of advance voting generally |
MOBILE VOTING STATIONS | |
94(1) | Mobile voting stations — health care facilities |
(2) | Other mobile voting stations |
(3) | Mobile voting station may move |
(4) | Duty of administrator |
(5) | Voters list not required at mobile voting station |
(6) | Hours of operation |
(7) | Notice |
(8) | Securing ballot box and election materials |
(9) | Voting at mobile voting stations |
VOTING BY SEALED ENVELOPE | |
95(1) | Eligibility to vote by sealed envelope ballot |
(2) | How to file application |
(3) | When application may be made |
96(1) | When application made in person |
(2) | Declaration of eligibility, identity and oath |
97(1) | When application made in writing |
(2) | Name of eligible voter added if not already on list |
(3) | Sealed envelope ballot package mailed or delivered |
(4) | Family member may be designated to deliver |
(5) | Actions by election official |
98 | Contents of sealed envelope ballot package |
99 | Record of voting by sealed envelope ballot |
100 | Procedure for voting by sealed envelope ballot |
101(1) | Treatment of sealed envelope ballots |
(2) | Certificate envelopes to be placed into ballot box |
(3) | Rejected sealed envelope ballot |
DIVISION 4 | |
INTERRUPTED VOTING | |
102(1) | S.E.O. may declare voting to be interrupted |
(2) | Voting station reopened for equivalent period |
(3) | Notice of reopening to candidates and voters |
(4) | No review or setting aside |
PART 7 | |
COUNTS AND RECOUNTS | |
DIVISION 1 | |
THE COUNT | |
CLOSING THE VOTING PLACE | |
103 | Voting stations close at 8:00 p.m. |
COUNTING BALLOTS ON ELECTION DAY | |
104(1) | Election official to count the vote |
(2) | What is to be done in doing the count |
105(1) | Ballot account |
(2) | Ballot account to be attached in voting record |
106(1) | Rules for counting ballots |
(2) | Organizing the ballots |
107(1) | Completing a statement of the vote |
(2) | Statement to be signed |
108 | Securing and delivering election materials |
109 | If composite ballots used |
COUNTING ADVANCE, MOBILE AND SEALED | |
110 | Counting the advance vote |
111 | Counting the mobile vote |
112(1) | Counting the sealed envelope vote |
(2) | Power to adapt certain provisions |
113 | Notice of where count will be conducted |
114(1) | Certain ballots may be combined before counting |
(2) | S.E.O. must designate voting official to count |
(3) | Responsibilities of designated voting official |
DIVISION 2 | |
DETERMINING | |
AND DECLARING RESULTS | |
115 | Preliminary results may be announced |
116(1) | Votes must be officially tallied |
(2) | Persons who may attendofficial tally |
(3) | Examination of documents and materials |
(4) | Statement of vote to be corrected |
(5) | Statement of official results |
(6) | Return election material to ballot box |
117(1) | S.E.O. to declare results |
(2) | Official results to be available to the public |
118 | If tie for an office |
119(1) | Postponing the declaration |
(2) | Period of postponement |
(3) | New election or vote if voting remains interrupted |
(4) | If reason for delay not resolved |
(5) | Missing ballots may not be considered |
DIVISION 3 | |
JUDICIAL RECOUNT | |
120(1) | Application by S.E.O. |
(2) | Application for judicial recount by voter |
(3) | Application for judicial recount — candidate |
(4) | Deadline for application |
121(1) | Date for recount |
(2) | Parties |
(3) | Role of the parties |
(4) | Notice |
(5) | Election officials to attend |
(6) | Officials may assist |
(7) | Parties may agree to restrict the scope of recount |
122(1) | Recount process |
(2) | Powers of judge |
(3) | Judge may vary manner |
(4) | Witnesses |
(5) | Recount must be continuous |
123 | Security of documents |
124(1) | Procedure when recount completed |
(2) | No costs if S.E.O. applies for recount |
(3) | Costs if candidate or voter applies for recount |
125(1) | Declaration of results after recount |
(2) | If tie for an office after recount |
126 | Composite ballot |
PART 8 | |
OFFENCES | |
BRIBERY AND INTIMIDATION OFFENCES | |
127(1) | Offering a bribe |
(2) | Accepting a bribe |
(3) | Soliciting a bribe |
(4) | Additional penalty |
128 | Force and intimidation |
VOTING OFFENCES | |
129 | Corrupt voting |
130 | Interfering with voting places |
131 | Other voting related offences |
OFFENCES RELATING TO ELECTION OFFICIALS | |
132(1) | Offences relating to election and other officials |
(2) | Bribery, etc. of official |
(3) | Obstructing an official |
OFFENCES RELATING TO FALSE INFORMATION | |
133 | Offence re use of information |
134 | Offence re false or misleading information |
135 | False statements respecting voters lists |
136(1) | Use of false pretenses |
(2) | Secrecy of the vote |
137(1) | False statement of candidate's withdrawal |
(2) | False statement of candidate's character |
GENERAL | |
138 | Other offences |
PENALTIES | |
139(1) | Penalty for serious offences |
(2) | Penalty for other offences |
(3) | Prohibition against election or appointment |
PART 9 | |
CHALLENGING RESULTS | |
OF ELECTION OR VOTE | |
140(1) | Application |
(2) | Grounds for application |
(3) | Exception |
(4) | Deadline for application |
141(1) | Who can apply |
(2) | Respondent |
(3) | Service |
(4) | Addition of parties |
142(1) | Court procedure |
(2) | Frivolous applications |
143(1) | Decision of the court |
(2) | Where election or vote valid despite contravention |
144(1) | Appeal to Court of Appeal |
(2) | Appeal to be heard on an urgent basis |
(3) | No stay |
(4) | Reinstatement |
(5) | No reinstatement if term has expired |
COMPENSATION AND COSTS | |
145(1) | Costs of application |
(2) | Recovery of costs |
146 | Compensation |
DISCLAIMER | |
147(1) | Disclaimer after application |
(2) | Manner of making disclaimer |
(3) | S.E.O. to inform C.A.O. or secretary-treasurer |
(4) | Resignation |
(5) | Effect on liability for costs |
CHANGE IN APPLICANT | |
148(1) | Applicant's death |
(2) | Costs if application deemed dismissed |
PART 10 | |
GENERAL | |
DISPOSITION OF MATERIALS | |
149(1) | Records — six-month retention period |
(2) | Destruction of records |
150 | No destruction if court proceedings continuing |
151(1) | Public records |
(2) | Ballots and security certificates not public |
REGULATIONS | |
152(1) | Regulations |
(2) | Elections in new local authority |
(3) | Elections in authority with altered boundaries |
(4) | |
PART 11 TRANSITIONAL PROVISIONS AND | |
CONSEQUENTIAL AMENDMENTS | |
DIVISION 1 | |
TRANSITIONAL PROVISIONS | |
153(1) | Enumerator and revising officers cease to hold office |
(2) | Returning officer continues as S.E.O. |
154(1) | Winnipeg's vote-counting machine by-law continued |
(2) | Amendments to by-law take effect immediately |
DIVISION 2 | |
CONSEQUENTIAL AMENDMENTS | |
155(1) | C.C.S.M. c. G7 amended |
(2) | |
(3) | |
(4) | |
THE LIQUOR CONTROL ACT | |
156(1) | C.C.S.M. c. L160 amended |
(2) | |
(3) | |
(4) | |
(5) | |
(6) | |
(7) | |
157 | Approval requires majority of voters who vote |
158 | Persons entitled to vote |
(8) | |
(9) | |
(10) | |
THE LOCAL GOVERNMENT DISTRICTS ACT | |
157(1) | C.C.S.M. c. L190 amended |
(2) | |
(3) | |
22(1) | Administrator to make voters list |
(2) | Voters to be included on voters list |
(4) | |
(5) | |
THE MUNICIPAL ACT | |
158(1) | C.C.S.M. c. M225 amended |
(2) | |
(3) | |
(4) | |
(5) | |
(6) | |
(3) | |
(7) | |
(8) | |
(9) | |
(4) | Section does not apply in case of a tie or death |
(10) | |
(3) | By-election to be held on request of council |
(11) | |
(12) | |
(4) | Person eligible for only one office |
(5) | |
(13) | |
(5) | Certain information not available |
THE MUNICIPAL BOARD ACT | |
159 | C.C.S.M. c. M240 amended |
THE NORTHERN AFFAIRS ACT | |
160 | C.C.S.M. c. N100 amended |
THE PUBLIC LIBRARIES ACT | |
161(1) | C.C.S.M. c. P220 amended |
(2) | |
(3) | |
(4) | |
THE PUBLIC SCHOOLS ACT | |
162(1) | C.C.S.M. c. P250 amended |
(2) | |
(3) | |
(4) | |
(5) | |
(11) | Board may require vote |
(12) | When vote required |
(6) | |
(7) | |
(8) | |
(9) | |
(3) | |
(10) | |
21.50 | General election of school board every four years |
(11) | |
(12) | |
(13) | |
(5) | New election to fill vacancy |
(14) | |
(6) | Vacancy after election |
(15) | |
(6.1) | Provision does not apply in case of a tie or death |
(16) | |
(17) | |
(18) | |
(19) | |
(20) | |
(21) | |
(6.1) | Vote is a vote on a question |
(22) | |
239(1) | Voters list in unorganized territory |
(2) | Preparation of list |
(3) | Continuing use of list |
THE PUBLIC UTILITIES BOARD ACT | |
163 | C.C.S.M. c. P280 amended |
THE CITY OF WINNIPEG CHARTER | |
164(1) | S.M. 2002, c. 39 amended |
(2) | |
(3) | |
(4) | |
(5) | |
(6) | |
(7) | |
32.1 | Registered candidate entitled to copy of voters list |
(8) | |
(9) | |
51 | By-election to fill vacancy |
(10) | |
REPEAL OF UNPROCLAIMED PROVISIONS | |
165(1) | |
(2) | |
PART 12 | |
REPEAL AND COMING INTO FORCE | |
166 | Repeal |
167 | C.C.S.M. reference |
168(1) | Coming into force |
(2) | Provisions that come into force on October 25, 2006 |