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S.M. 2005, c. 27
Bill 29, 3rd Session, 38th Legislature
The Municipal Councils and School Boards Elections Act
| 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 OFFICIALS | |
| 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) | Municipal election and votes — eligibility of non-resident |
| (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) | Information for establishing and maintaining voters list |
| (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 VOTING | |
| 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 |
| 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) | When records show sealed envelope ballot package provided |
| 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 ENVELOPE BALLOTS | |
| 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 attend official 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 AND OTHERS | |
| 132(1) | Offences relating to election and other officials |
| (2) | Bribery, etc. of official |
| (3) | Obstructing an official |
| OFFENCES RELATING TO FALSE INFORMATION AND STATEMENTS | |
| 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) | Timing — election may occur before new authority established |
| 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) | General election in Dunnottar, Victoria Beach and Winnipeg Beach |
| (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) | Municipal Councils and School Boards Elections Act applies |
| (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) | Municipal Councils and School Boards Elections Act does not apply |
| (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) | Consequential amendment, S.M. 2001, c. 34 (unproclaimed) |
| (2) | Consequential amendment, S.M. 2004, c. 15 (unproclaimed) |
| 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 |