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REPEALED
Date: January 1, 2006
C.C.S.M. c. L180
The Local Authorities Election Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"assistant enumerator" means a person appointed under subsection 11(2) to assist in the preparation of the list of electors; (« recenseur adjoint »)
"assistant revising officer" means a person appointed under subsection 20(1) to assist in the revision of a list of electors; (« réviseur adjoint »)
"authority" means, subject to section 3, as the case requires,
(a) a corporation comprising
(i) the inhabitants of an area in the province who are incorporated or continued as a municipality by, or under the authority of, The Municipal Act or of another Act of the Legislature, or
(ii) the members of the board of trustees of a school division or school district established under The Public Schools Act, and to which this Act is made applicable as provided in section 3,
(iii) such other persons as are, or may be, created a corporation under the laws of the province to exercise jurisdiction over a local area, and to which corporation this Act is made applicable as provided in section 3; or
(b) the area
(i) the inhabitants of which are incorporated as stated in sub-clause (a)(i), or
(ii) included in a division or district for public school purposes established under The Public Schools Act, and to which this Act is made applicable as provided in section 3, or
(iii) over which a corporation to which sub-clause (a)(iii) refers exercises jurisdiction, and to which area this Act is made applicable as provided in section 3; (« autorité »)
"candidate" or "candidate at an election" means a person
(a) who is nominated as a candidate seeking election to an office in a local authority, the holder of which is required, by an Act of the Legislature, to be elected thereto, or
(b) who, at any time within a period of one month before the date of the election at which he seeks to be so elected, has publicly declared, or has permitted others to declare on his behalf, that he intends to seek election as mentioned in clause (a); (« candidat » ou « candidat à une élection »)
"clerk", as applied with reference to a local authority, means, as the case and the context requires, the clerk, secretary-treasurer, or other like officer of the authority; (« greffier »)
"council" means, as the case requires, the council, board, board of trustees, or other governing body of a local authority; (« conseil »)
"deputy returning officer" means a person appointed under section 54, and includes the returning officer acting as provided in section 54, and also a poll clerk or other person acting on behalf of a deputy returning officer under section 61 or 67; (« scrutateur »)
"during the election" or "during an election" means the period from the beginning of the day of nomination to the closing of the polls on the day on which polling takes place, or, in the case of an election at which no polling takes place, to the close of the nominations on the day of nomination; and in the case of a vote taken under Part IV, means the period from the publication of the notice under clause 205(1)(a) to the closing of the polls on the day on which polling takes place; (« durant l'élection » ou « durant une élection »)
"election" means an election of a member of a council, and includes a vote taken with respect to a by-law under Part IV; (« élection »)
"election officer" means a returning officer, deputy returning officer, or poll clerk, and, in the case of an election under Part II, includes a supervisor and a sorter; (« personnel électoral »)
"elector" means a person qualified to vote at an election of members of a council; (« électeur »)
"enumerator" means a person appointed, under subsection 10(1), to prepare a list of electors; (« recenseur »)
"instrument" includes letters patent, a statute, and a municipal by-law; (« instrument »)
"land" includes land, messuages, tenements, and hereditaments, corporeal or incorporeal, of every kind and description, whatever the estate or interest therein, whether legal or equitable, and also includes a unit specified in a plan to which The Condominium Act applies; (« biens-fonds »)
"list of electors" means a list of electors prepared under this Act; (« liste électorale »)
"local authority" has the same meaning as "authority"; (« autorité locale »)
"magistrate" means a magistrate appointed under The Provincial Court Act; (« magistrat »)
"member" or "members", when referring to a member or members of a council, includes the head of the council or chairman of the council; (« membre »)
"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act; (« ministre »)
"municipality" means, as the case requires,
(a) a corporation comprising the inhabitants of an area in the province who are incorporated and continued under the authority of The Municipal Act or of another Act of the Legislature, or
(b) the area the inhabitants of which are incorporated as stated in clause (a); (« municipalité »)
"owner" means, subject as herein otherwise provided, a person who is an owner of a freehold estate in land in a local authority and includes a person who is the owner of such an estate jointly with another person, and a person who is registered under The Condominium Act as the owner, as defined in that Act, of a unit under that Act; (« propriétaire »)
"polling subdivision" includes, where the context requires, a ward of local authority; (« section de vote »)
"prescribed" means prescribed by this Act or a regulation made under this Act;
"ratepayer", as used with respect to any local authority, means a person who is qualified as a ratepayer under The Municipal Act; (« contribuable »)
"regular election" means an election of members of a council held at regular periodic intervals as stated in the Act under which the authority is constituted, but does not include a by-election; (« élection ordinaire »)
"resident elector", as used with respect to a local authority, means an elector whose place of residence is in the authority; (« électeur résidant »)
"resident ratepayer", as used with respect to a local authority, means a ratepayer whose place of residence is in the authority; (« contribuable résidant »)
"returning officer" means a person appointed under subsection 10(1) to conduct elections in a local authority and perform such duties as are required of him under this Act; (« directeur du scrutin »)
"revising officer" means a person appointed under subsection 10(1) to revise the list of electors; (« réviseur »)
"rural polling subdivision" includes any ward or other polling subdivision or part thereof that is not an urban polling subdivision; (« section de vote rurale »)
"scrutineer" means a person appointed under subsection 82(1) or section 104 by a candidate to be a scrutineer; (« représentant d'un candidat »)
"urban polling subdivision" means the whole or such part of a ward or other polling subdivision that is situated within the area comprising any incorporated city; (« section de vote urbaine »)
"whole council" means the entire membership of a council, including the mayor, reeve, or other chairman of the council. (« conseil plénier »)
In this Act, unless otherwise expressly stated, any reference to a form means a form prescribed.
Where in this Act there is a reference to publishing in a local authority any notice, advertisement, or other document it means, unless the context otherwise requires, publishing it in a newspaper having a general circulation in the authority.
Where in this Act there is a reference to posting up in a local authority any notice, advertisement, or other document, it means, unless the context otherwise requires, posting it up
(a) in the offices of the authority, if any, or if there are no such offices, on the outside of the office or residence of the person required to do the posting or cause it to be done; and
(b) in such number of other conspicuous places in the authority, not less than four, as the person to whom clause (a) applies, in his absolute discretion, deems reasonable.
APPLICATION, OATHS
Notwithstanding any other Act, but subject to subsection (2), this Act applies
(a) to every municipality in the province heretofore or hereafter incorporated, whether by an Act of the Legislature or otherwise, except where any provision herein is, by this Act, expressly made inapplicable to any municipality by naming it;
(b) on, from, and after, such date as may be fixed in an Act of the Legislature,
(i) to every school division and school district established under The Public Schools Act, and in whole or in part as may be stated in any such Act, and
(ii) to any other local authority established under the laws of the province, and in whole or in part as may be stated in an Act of the Legislature,
except where any provision herein is, by an Act of the Legislature, expressly made inapplicable to one or more school divisions, school areas, or other local authorities, either generally or by naming that one, or those ones, to which it is inapplicable.
City of Winnipeg Charter to prevail
Where a provision of The City of Winnipeg Charter is inconsistent with a provision of this Act, the provision of The City of Winnipeg Charter prevails.
Except where otherwise specifically provided herein, any oath, affirmation, affidavit, statutory declaration, or other declaration that, under this Act, is required or authorized to be administered, sworn, affirmed, taken, made, or declared, may be so administered by, or sworn, affirmed, taken, made, or declared before, any person by or before whom, under The Manitoba Evidence Act, an oath, affirmation, affidavit, or statutory declaration may be administered, sworn, affirmed, taken, made, or declared within the province.
Oaths, administered by election officials
Except where otherwise specifically provided herein, any oath, affirmation, affidavit, statutory declaration, or other declaration that, under this Act, is required or authorized to be administered, sworn, affirmed, taken, made, or declared, may also be administered by, or sworn, affirmed, taken, made, or declared before, an enumerator, a revising officer, a returning officer or any deputy returning officer, poll clerk, or assistant revising officer or the head or chairman of a council.
Oath of official not to be taken before himself
A person required or authorized, under this Act, to take, affirm, make, or declare an oath, affirmation, affidavit, statutory declaration or other declaration shall not administer the oath or affirmation to himself, or take, affirm, make, or declare the affirmation, affidavit, statutory declaration or other declaration before himself.
Where, under this Act, any person to whom reference is made in subsection (1) or (2) administers an oath or affirmation, or takes or receives an affirmation, affidavit, statutory declaration, or other declaration, he shall do so without fee or charge.
Affirmation of witness instead of oath
A person who is about to give evidence or who takes an affidavit shall be permitted to make a solemn affirmation or declaration instead of taking an oath, in the manner provided in The Manitoba Evidence Act; and, upon the person making such a solemn affirmation or declaration, the evidence or affidavit shall be taken and has the same effect as if taken or made under oath.
Where a person to whom subsection (5) applies is about to give evidence on affirmation or declaration, it shall be in the following form:
I/You, A.B., solemnly affirm (or declare) that the evidence to be given by me/you shall be the truth, the whole truth, and nothing but the truth.
In this Act, a reference to the taking or swearing of an oath or affidavit includes the making of an affirmation or a declaration.
R.S.M. 1987 Supp., c. 4, s. 18.
PART I
ELECTIONS
DIVISION I
QUALIFICATIONS OF ELECTORS AND LIST OF ELECTORS
Subject to this Act, the right to have his name placed upon the list of electors of, and to vote at elections in, local authorities belongs to each of the following persons; that is to say, a person who
(a) is a Canadian citizen of the full age of 18 years, or who will be 18 years of age at the date of the election, and is not disqualified under this Act, or otherwise by law prohibited, from voting; and
(b) is an actual resident in the authority and will have been resident therein for a period of six months at the date of the election.
Qualification of non-resident owners for municipal elections
In an election in a municipality, a person who is a non-resident of the municipality has the right to be named in the list of electors and to vote, if he or she
(a) has the qualifications of an elector stated in clause (1)(a); and
(b) subject to subsection (1.3), has been for at least six months at the date of the election the registered owner of land that is assessed in the latest revised realty assessment roll of the municipality.
For the purpose of clause (1.1)(b), the registered owner of land is
(a) a tenant or occupier of it, if his or her name is entered on the latest revised realty assessment roll as the owner of a right, interest, or estate in it;
(b) if no person qualifies under clause (a), the person who purchased it under an agreement for sale that is subject to the Veterans' Land Act (Canada); or
(c) if no person qualifies under clause (a) or (b), the owner.
Maximum of two non-resident voters per property
If three or more persons qualify as registered owners of the land under the applicable clause of subsection (1.2),
(a) no more than two of them may register as non-resident owners; and
(b) each person registering must do so with the written consent of the number of those persons who, together with the person registering, are a majority of the registered owners.
Repealed, S.M. 2002, c. 4, s. 2.
For the purpose of clause (1.1)(b), the time of ownership shall be computed by including the day on which the person's ownership commences and also the day on which the election is to be held.
Right to vote in one ward only
In an election in an authority, a person who would, under subsection (1) or (1.1), be qualified to vote in two or more wards by virtue of being an owner in each of those wards, or by virtue of being resident in one ward and an owner in one or more other wards,
(a) if he is a resident of the authority, is entitled to have his name placed on a list of electors, and to vote, only in the ward in which he resides; and
(b) if he is not a resident of the authority, is entitled to have his name placed on a list of electors, and to vote, only in such one of those wards as he may select.
Where an election is being held in a municipality, the elector shall, in a case to which clause (3)(b) applies, on or before the last day on which the list of electors is revised under section 21, notify the revising officer in writing as to the ward in which he desires to vote; and if he fails to do so, the enumerator shall cause his name to be placed on such list of electors as the enumerator may select.
A person shall be deemed to have only one place of actual residence in an authority.
Registration of non-resident owners
A person is entitled to have his or her name placed on the list of electors in a municipality under the heading "non-resident owner" if the person
(a) makes an application in writing to the enumerator or revising officer;
(b) establishes, in a manner acceptable to the enumerator or revising officer, that he or she is or will be entitled to be registered as a non-resident owner on the date of the election; and
(c) if applicable, files with the enumerator or the revising officer the written consent from the majority of registered owners of the land required by clause (1.3)(b).
5(7) to (9) Repealed, S.M. 2001, c. 34, s. 3.
S.M. 1991-92, c. 13, s. 2; S.M. 2001, c. 34, s. 3; S.M. 2002, c. 4, s. 2.
Provision for election in new authority
Where a new local authority is created, the letters patent, order, or other instrument creating it shall make all the necessary provisions for the election of the first council thereof including, in the case of a municipality, the mayor or reeve, and, in particular and without restricting the generality of the foregoing, but subject as provided in this section, shall
(a) appoint the clerk, returning officer, enumerator, and revising officer, and such other officials as are deemed necessary, each to hold office at the pleasure of the new council when elected;
(b) provide for the preparation of a list or lists of electors and the revision thereof in the manner herein provided in the case of authorities formerly established;
(c) fix the date on which, the place at which, and the time when, nominations for members of the council, including, in the case of a municipality, the mayor or reeve, shall be made; and
(d) fix the dates on which the voting at the election shall be held.
Persons entitled to be electors
Every person who, at the date of the election, is resident in the new authority, if he is otherwise qualified to be an elector as herein provided, shall be deemed to be an elector of the new authority and is entitled to have his name placed on the list of electors therefor and to vote at the election.
Elections where territory added to municipality
Where
(a) territory is added to a local authority; or
(b) a town, village, or rural municipality, together with additional territory, is constituted as a city; or
(c) a village, together with additional territory, is constituted as a town; or
(d) a new rural municipality, village, town, or city is incorporated;
if an election takes place before
(e) a list of electors is made for the new or enlarged local authority, including the names of persons entitled to vote in any such added territory or territory included in the new local authority; or
(f) the list of electors is revised;
all persons who would have been qualified as electors in the territory added or included if it had not been so added or included or if the rural municipality, city, town, or village had not been so constituted, are entitled to vote at the election in the local authority.
S.M. 1992, c. 2, s. 11.
The following persons, though named on the list of electors, are not entitled to vote at an election:
(a) Persons who refuse to take an affidavit entitling them to vote in an election.
(b) Persons who have received, or expect to receive, a reward for voting at an election.
(c) Persons not having the qualifications entitling them to vote, or who are disqualified under this Act, or otherwise by law prohibited from voting.
The council of each local authority shall, by by-law, not later than February 15 next following the coming into force of this Act, or next following the application of this Act to the authority, appoint, and fix and provide for the remuneration of
(a) an enumerator;
(b) a revising officer; and
(c) a returning officer.
Elected persons not eligible as election officials
No person who holds an elected office of the local authority shall be appointed as an election officer, an enumerator or a revising officer of the local authority.
A person appointed under subsection (1) shall hold office until he dies, resigns, or is removed from office by a by-law passed by the council.
When a vacancy occurs in the office of enumerator, revising officer, or returning officer, by reason of death, resignation, or any other cause, the council shall forthwith appoint a person to fill the vacancy.
The person appointed as enumerator of a local authority shall not be the clerk, treasurer, revising officer, or returning officer of the authority, and shall discharge the duties of an enumerator as herein set out.
The person appointed as revising officer of a local authority shall not be the clerk, treasurer, enumerator, or returning officer of the authority, and shall discharge the duties of a revising officer as herein set out.
The person appointed as returning officer of a local authority may be the clerk, treasurer, or secretary-treasurer, thereof, and shall discharge the duties of a returning officer as herein set out.
Each person appointed under subsection (1) shall, before beginning to discharge his duties, take the oath of office set out in Form 1.
A person appointed under subsection (1) who takes the oath of office and thereafter neglects or refuses to carry out and discharge the duties of the office to which he is appointed, is guilty of an offence.
Returning officer performing duties of D.R.O.
Where, under this Act, a deputy returning officer of a local authority is authorized, permitted, directed, or required to do anything, the returning officer of the local authority may do that thing and, if it is done properly, it shall be deemed to have been done by the deputy returning officer.
The council of a local authority may by by-law provide that a list of electors shall be made
(a) in each year; or
(b) in each year in which a regular election is held; or
(c) in each fourth year;
and the enumerator of the local authority shall, in each year in which a list of electors is required to be made, make as provided herein, a list of the electors of the authority.
Appointment of assistant enumerators
In order to make the list of electors, the enumerator shall, in each year in which a list of electors is required to be made, appoint such number of assistant enumerators as he deems may be required to complete properly the list of electors.
Assistant enumerators for two authorities
Where the whole or part of one local authority forms part of another local authority, the two local authorities may enter into an agreement whereby
(a) the enumerator of one of the authorities may appoint as an assistant enumerator, for the area common to both authorities, the person appointed as an enumerator or assistant enumerator for that area by the enumerator of the other authority; and
(b) the cost of making the list of electors for the area mentioned in clause (a) is shared between the authorities in the proportions fixed in the agreement.
Each assistant enumerator shall, before beginning to discharge his duties, take the oath of office set out in Form 1; and if he takes the oath and thereafter neglects or refuses to carry out and discharge the duties of assistant enumerator, he is guilty of an offence.
Allotment of polling subdivision
The enumerator, forthwith after appointing the assistant enumerators, shall allot to each of them one or more polling subdivisions or parts thereof, for which polling subdivision, or each of which polling subdivisions, the assistant enumerator shall make a list of electors as herein provided.
After having taken the oath of office, each assistant enumerator shall forthwith proceed to make a list of the persons qualified to have their names placed on the list of electors for the polling subdivision, or each of the polling subdivisions; or parts thereof, which has or have been allotted to him; and in the list he shall give a consecutive number to each name and shall set out the mailing address, property description, or residence of each elector and, if the council so provides, his occupation, giving the number of the suite or room if the elector resides in an apartment block or hotel; and he shall state specifically whether or not each person whose name he places on the list is a resident of the authority.
List in rural polling subdivision
Subject to subsection (10), in a rural polling subdivision the assistant enumerator shall make the list of electors in accordance with Form 2, arranging the names of the electors alphabetically according to the first and second letters of their surnames.
List in urban polling subdivisions
Subject to subsections (9) and (10), in an urban polling subdivision the assistant enumerator shall make the list of electors in accordance with Form 3, arranging the names of the electors by streets, roads, and avenues as set out in Form 3.
List in certain urban polling subdivisions
In an urban polling subdivision in which the area, or part of the area, comprised therein is not designated by streets, roads, or avenues, or in which the residences of the voters are not designated by street, road, or avenue numbers, the returning officer may in writing order the enumerator to arrange the names of the electors on the list in alphabetical order as in the case of a rural polling subdivision, or partly in such an alphabetical order and partly in the order prescribed in subsection (8); and the enumerator shall comply with the order of the returning officer.
Authority of returning officer to direct form of list
Notwithstanding any other provision herein, the returning officer of any local authority may in writing order that the lists of electors for the authority, or for any one or more polling subdivisions therein, be made partly in accordance with Form 2, as prescribed in subsection (7), and partly in accordance with Form 3, as prescribed in subsection (8).
Duty of urban assistant enumerator
In order to complete the list of electors for an election, the assistant enumerator of an urban polling subdivision shall obtain information for that polling subdivision from any of the following sources:
(a) the Register of Electors prepared and maintained under the Canada Elections Act;
(b) a list of electors or voters prepared under The Elections Act within the six month period preceding the day of the election;
(c) a house to house canvass.
Verification of enumeration information
The assistant enumerator may supplement or verify the information obtained under subsection (11) from other available sources.
Further duties of urban assistant enumerator
If required by the enumerator, the assistant enumerator for an urban polling subdivision shall, in respect of each elector in that polling subdivision, complete a memorandum in Form 4, which
(a) shall be prepared in duplicate;
(b) shall show that the elector will be included in the list of electors for that polling subdivision; and
(c) where it is possible, shall state the address or location of the polling place for the polling subdivision;
and the assistant enumerator shall leave a copy of the memorandum at the residence of the elector.
Duty of rural assistant enumerator
The assistant enumerator for a rural polling subdivision shall obtain the information to complete the list of electors for that polling subdivision from any available source; and if it is necessary, he shall obtain it by a house-to-house canvass.
Duty of assistant enumerator as to qualifications
Before placing the name of a person on the list of electors for a polling subdivision, an assistant enumerator shall satisfy himself or herself
(a) that the person is qualified to have his or her name placed on that list; and
(b) in respect of a person registering as a non-resident owner of land, that no more than one other non-resident owner is named on that list in respect of that land.
Repealed, S.M. 1997, c. 53, s. 2.
S.M. 1997, c. 53, s. 2; S.M. 1998, c. 33, s. 41; S.M. 2002, c. 4, s. 3.
Where a person who is entitled to have his name placed on a list of electors in a local authority is a resident of the authority, his name shall be placed on the list of electors for the polling subdivision in which he has his residence as determined under section 13, and on no other list of electors in the authority; and his residence, as so determined, shall be given as his address on the list of electors.
For the purpose of enumeration of voters under this Act the place of residence shall be governed by the following rules in so far as they are applicable:
Fixed home.
Rule 1. The residence of a person shall be his true, fixed, permanent, home or lodging place to which, whenever he is absent, he has the intention of returning.
Temporary absence.
Rule 2. A person does not lose his residence by leaving his home for temporary purposes.
Temporary residence.
Rule 3. A person shall be deemed not to have gained a residence in a local authority or a polling subdivision, if he comes for temporary purposes only, without the intention of making some place in the authority or the polling subdivision, as the case may be, his home.
Leaving local authority.
Rule 4. If a person leaves a local authority with the intention of making his residence elsewhere, he loses his residence in the authority.
Indefinite absence.
Rule 5. If a person removes to a place outside a local authority, with the intention of making that place his place of residence for an indefinite time, he loses his residence in the authority, notwithstanding that he entertains the idea or intention of returning at some future time.
Intention.
Rule 6. The place where a person's family resides shall be deemed to be his place of residence unless he takes up or continues his abode at some other place with the intention of remaining there; in which case he shall be deemed to be a resident of that other place.
Regular lodger.
Rule 7. The residence of a single person is the place where he occupies a room as a regular lodger, or to which he habitually returns, not having any other permanent lodging place.
Computation of time.
Rule 8. The time of residence shall be computed by including the day on which the person's residence commences and also the day on which the election is to be held.
MAKING AND DELIVERY OF LISTS
Each assistant enumerator shall, not later than the fourth Wednesday in August in each year in which a list is to be made, complete on white paper, date, certify to be correct in Form 5, and sign at least five copies of the list of electors prepared by him.
The assistant enumerator shall retain one copy of the list of electors, and shall forthwith deliver four copies thereof to the enumerator.
Upon the delivery of the copies to the enumerator, the assistant enumerator shall furnish to the enumerator a statement in duplicate of his fees as assistant enumerator, and the amount necessarily expended by him in order to discharge his duties properly.
Additions to list by enumerator
The enumerator may, at any time before he sends copies of the lists to the revising officer as required by section 17, place on a list of electors the name of any other person whom he deems entitled to have his name placed thereon, but whose name and particulars do not appear in the list prepared by the assistant enumerator, together with the other particulars required herein.
Copies of list and disposal thereof
On receipt of the copies of a list from an assistant enumerator, the enumerator shall forthwith
(a) send or deliver two copies thereof to the revising officer;
(b) retain one copy for his own use; and
(c) repealed, S.M. 1997, c. 53, s. 3.
Repealed, S.M. 1995, c. 6, s. 11.
The enumerator shall also cause to be set forth on each copy of a list of electors the names and post office addresses of the enumerator, the revising officer, and the returning officer of the local authority.
A blank page shall be left at the end of each list of electors for the purpose of having written thereon, or attached thereto, any certificate or statement required to be appended or attached to the list after the revision thereof.
In each year in which a list of electors is not required to be made, the enumerator shall, not later than the first Wednesday in September, forward to the revising officer two copies of the latest revised list of electors of the authority.
S.M. 1995, c. 6, s. 11; S.M. 1997, c. 53, s. 3.
Repealed.
S.M. 1995, c. 6, s. 12.
On receipt of a list of electors from the enumerator under section 17, the revising officer
(a) shall, where the list of electors is provided under subsection 17(1); and
(b) may, where the list of electors is provided under subsection 17(5);
give public notice that the revising officer will, during 3 successive days, none of which is a holiday and the last of which is before the first Wednesday in September, revise the list of electors
(c) by adding thereto the names of persons who are entitled to have their names thereon, but whose names have been omitted therefrom;
(d) by deleting therefrom the names of persons who are not entitled to have their names thereon, but whose names appear thereon; and
(e) by making such other corrections of errors in the list as are required;
and he shall state in the notice that any person desiring to have a list of electors corrected by adding a name thereto, deleting a name therefrom, or in any other way, may appear before him on any day, and during such hours as are, fixed in the notice and that he will be heard.
The notice shall state the place where and the days on which during the hours between one o'clock in the afternoon and nine o'clock in the afternoon, the revising officer will sit to revise the lists.
Publication of notice of revision
The revising officer shall publish the notice to which subsection (1) refers by
(a) causing it to be published forthwith as provided in subsection 2(2); and
(b) causing copies thereof to be posted up in the local authority as provided in subsection 2(3), and in such number of other conspicuous places in each polling subdivision in the local authority as, in his absolute discretion, he deems reasonable.
Reduced number of days for revision
The local authority may, by by-law, reduce to two or one the number of days upon which the revising officer shall sit for the purpose of revising the list; and, where the local authority passes a by-law under this subsection, the public notice referred to under subsection (1) shall refer to two days or one day, as the case may be.
S.M. 1991-92, c. 13, s. 3.
Appointment of assistant revising officers
The revising officer may appoint assistant revising officers as he deems necessary to assist in the revision of the list.
Each assistant revising officer shall, before beginning to discharge his duties, take the oath of office set out in Form 1; and if he takes the oath and thereafter neglects or refuses to carry out and discharge the duties of an assistant revising officer, he is guilty of an offence.
Duties of assistant revising officers
If a revising officer appoints an assistant revising officer, he shall forthwith after the appointment, allot to the assistant revising officer one or more polling subdivision or parts thereof, for which polling subdivision, or each of which polling subdivision, the assistant revising officer shall revise the list of electors as herein provided.
At the place, on the days, and during the hours stated in the notice published as required in section 19, the revising officer or assistant revising officer, as the case may be, shall sit and hear persons applying to have a list corrected by adding names thereto, deleting names therefrom, or correcting other errors therein; and the onus of proving that the list should be so corrected lies on the applicants.
Where the name of an elector is required to be altered, either by changing the spelling thereof or otherwise, in order to correct an error, the revising officer or assistant revising officer, as the case may be, shall strike the name from the list entirely and enter it afresh, and as corrected, in a new place on the list.
Any person may apply to the revising officer or assistant revising officer to correct a list of electors in any of the ways mentioned in subsection 19(1).
Where an application alleges that the name of any person other than the applicant appears on a list of electors and that that person is not entitled to have his name thereon,
(a) the application shall
(i) be in writing,
(ii) be addressed to the revising officer,
(iii) be left with him not later than two days before he begins to revise the list of electors, and
(iv) state the nature of the error alleged to exist in the list of electors in respect of which complaint is made; and
(b) the revising officer or assistant revising officer shall forthwith notify that person in writing of the nature of the complaint made in the application, and shall further notify him and the applicant of the place, day, and time at which the application will be heard.
Repealed.
Any person interested in an application made under section 22 may apply to the revising officer or assistant revising officer of the local authority for, and the revising officer or assistant revising officer shall issue, a subpoena
(a) requiring the attendance of any person residing, or served with the subpoena, in any part of the province as a witness to give evidence at the hearing of the complaint set out in the application; and
(b) requiring a person served with the subpoena to bring with him and produce at the hearing any papers or documents mentioned in the subpoena;
and a person duly served with such a subpoena in the manner in which a subpoena may be served in a suit in the Court of Queen's Bench, and, paid or tendered witness fees on the Court of Queen's Bench scale, shall obey the subpoena, attend the hearing, and give evidence as required.
Striking off electors for non-attendance
Where a person, whose right to vote is the subject of inquiry, does not attend in obedience to a subpoena or order so served upon him, the revising officer or assistant revising officer if he thinks fit, in the absence of satisfactory evidence as to the reason for the non-attendance, or as to the right of the person to be an elector, may, on the ground of non-attendance, strike his name off, or refuse to place his name on, the list of electors.
Where an applicant under section 22 dies or abandons his application, or, having been on the list of electors made by the enumerator is afterwards found not to be entitled to make such an application, the revising officer or assistant revising officer, if he thinks proper, may allow any other person who might have applied, to intervene and prosecute the application upon such terms as the revising officer or assistant revising officer thinks just.
Persons reaching voting age on or before date of election
A person in respect of whom an application has been made to the revising officer or assistant revising officer and who will be 18 years of age, and will have been resident in the local authority for six months, on, or at any time before the date fixed for the next election, and who is otherwise qualified as an elector, is entitled to have his name remain, or be put, on the list of electors.
Transfers for purposes of qualifying electors ineffectual
Where, on an application under section 22, a person seeks to qualify as an elector in respect of an interest in land which the evidence shows was transferred to him for the purpose of assisting him so to qualify, and without the intention of really giving him the interest in his own right, the name of that person shall not be allowed to remain, or be put, on the list of electors.
On completion of each revision of the list of electors, the revising officer shall prepare and have typewritten, on paper of a colour other than white, a list of all names added to, and all names deleted from, the list.
Any other errors in the list corrected by the revising officer shall be shown by an alteration made by him in the original list, opposite to or adjoining which he shall place his initials.
The revising officer shall attach to each copy of each original list, and to each copy of each list of additions and deletions, a certificate, signed by him,
(a) certifying that
(i) the original list to which the certificate relates has been revised and corrected by him as shown thereon, or
(ii) the additions and deletions shown on the list of additions and deletions to which the certificate relates are additions to, or deletions from, an original list of electors (identifying it) made by him on revising and correcting that original list,
as the case may be; and
(b) certifying further that the original list of electors to which the certificate relates, or to which the list of additions and deletions relates, revised and corrected as indicated thereon or as indicated by the list of additions thereto and deletions therefrom, is a true and correct list of electors for the polling subdivision in respect of which it was prepared.
The certificates to which sub-clauses (3)(a)(i) and (ii) relate shall be in Form 6 and Form 7, respectively.
In this section and sections 30 and 31, the expression "original list" includes a list forwarded by the enumerator under subsection 17(5).
The revising officer shall, not later than the 1st Wednesday in September, send to the enumerator
(a) one copy of each original list sent to him, having noted thereon and initialled as aforesaid any corrections thereof made by him other than the corrections mentioned in clause (b); and
(b) three copies on paper of a colour other than white of the list of names added to, and names deleted from, the list as provided in section 29;
and each of the copies mentioned in clauses (a) and (b) shall have attached thereto a certificate as provided in subsection 29(3).
Preparation of list and corrections made on revision
On receipt from the revising officer of the lists mentioned in section 30, the enumerator
(a) shall prepare four typewritten or printed copies of a list of electors for each polling subdivision, including therein all the changes and corrections made therein by the revising officer, whether by way of additions, deletions, or otherwise; or
(b) if the council of the local authority, by resolution, so provides, shall prepare four typewritten or printed copies of
(i) the original list to which reference is made in clause 30(a), and
(ii) the list to which reference is made in clause 30(b);
and to each list so prepared he shall append his certificate
(c) in Form 8 in the case of a list mentioned in clause (a);
(d) in Form 8A in the case of a list mentioned in sub-clause (b)(i); and
(e) in Form 8B in the case of a list mentioned in sub-clause (b)(ii);
showing that it is a true and correct copy of
(f) the list of electors for that polling subdivision; or
(g) the original list to which reference is made in clause 30(a); or
(h) the list to which reference is made in clause 30(b);
as the case may be.
The enumerator shall send two copies of each list mentioned in subsection (1) to the clerk if he is the returning officer, or, if not, one copy to the clerk and one copy to the returning officer, and he shall retain one copy of each list for his own use; and he shall have printed, copied, or reproduced, by typewriting or photographic or other means of mechanical reproduction, sufficient copies of the list for the purpose of any election held in that year or before a later list is prepared, and for any other purpose for which copies of lists of electors are required under this Act including furnishing copies to candidates as required under subsection (5).
Printed lists for returning officer
The enumerator shall ensure that the copies of each list of electors, printed or reproduced by typewriting or photographic or other means of mechanical reproduction, as provided in subsection (2) are completed and in his hands at least 14 days before nomination day for the next following regular election; and he shall cause the copies, other than those he delivers to the clerk under subsection (4), to be delivered to the returning officer forthwith thereafter.
The enumerator shall forthwith deliver to the clerk
(a) sufficient copies of the list to permit of his giving a copy thereof to each candidate at the election; and
(b) any surplus copies of the list in his possession.
The clerk
(a) shall, forthwith after the nomination day aforesaid, give to each candidate at the election who applies therefor two copies of the list of electors; and
(b) if the council of the local authority so provides by resolution, may sell or otherwise dispose of any surplus copies of the list
(i) to persons provided for in the resolution who certify in writing that they require the list for a political purpose or for federal or provincial electoral purposes, and
(ii) on any terms as to payment that the resolution provides;
and the clerk shall deliver to the treasurer, to form part of the funds of the municipality, any moneys received by him under clause (b).
S.M. 1995, c. 6, s. 13.
Subject to section 34, a copy of the list of electors, with the corrections, if any, made by the revising officer, certified by the enumerator as provided in section 31, and further certified by the clerk to be a true copy of the latest list of electors of the local authority as finally revised by the revising officer, and having the corporate seal, if any, of the authority attached thereto, shall be deemed to be a correct list of electors for the authority for the year in which it purports to have been made, without any proof of the signature of any person so certifying the list, or of the seal.
The list of electors that shall be used at an election is the latest revised list certified as provided in section 31, as evidenced by a copy thereof certified as provided in section 32.
List of electors where new territory added
Where
(a) territory is, in any manner, taken from an existing local authority and added to another authority; and
(b) an election takes place before
(i) a list of electors is made for the enlarged authority including the names of persons entitled to vote in any such added territory, or
(ii) the list of electors is revised;
the enumerator of the enlarged authority shall extract, from the latest revised list of electors for the authority to which the added or included territory formerly belonged, the names of the persons who would have been entitled to vote in the added or included territory if it had remained separate from the enlarged authority; and he shall place the names on the list of electors certified under section 32.
Deletion of names from electors' list of ceded territory
The enumerator of the local authority to which the added or included territory formerly belonged shall delete from the list of electors of that authority any names that have been extracted therefrom as provided in subsection (1); and until a new list of electors is prepared for the authority to which the added or included territory formerly belonged, the list of electors, as so amended by the enumerator, shall be the proper list of electors for use within the authority to which the added or included territory formerly belonged, and copies thereof certified by the enumerator shall be delivered by him to the returning officer.
New division of wards, new lists
Where a new division of wards of a local authority is made, and it is necessary to hold an election in all or any of those wards before a new list of electors is prepared, the enumerator of the authority shall extract the names of the persons who would be entitled to vote in the territory in which the election is to be held from the latest revised list of electors of the authority, and place the names in a list of electors according to the new ward divisions, and certify thereto; and that list is the proper list for use in the election and shall be delivered as such by the enumerator to the returning officer.
Payment of all charges by treasurer
All charges for which provision is not herein made, necessarily incurred in connection with the revision of the lists of electors by the revising officer, shall be paid by the treasurer of the local authority upon the certificate of the head or chairman of the council as to the service performed, and as to the nature thereof and necessity therefor.
Personal security protection on lists and records
Despite any other provision of this Act, the name, address or other personal information of an elector shall be omitted or obscured from the list of electors, and from any other record prepared under this Act that is available to the public, if before revision of the list is completed the elector applies in writing to the enumerator or the revising officer to have that information omitted or obscured to protect the elector's personal security.
Electors to be advised of right to protection
Before revision of the list of electors, the revising officer shall advise electors of the protection for personal security that is available to them under this section.
S.M. 1995, c. 6, s. 14.
A person who uses all or any part of a list of electors prepared for the purpose of this Act for a purpose other than a political purpose or federal or provincial electoral purposes is guilty of an offence.
S.M. 1995, c. 6, s. 14.
DEFAULTS AND PENALTIES
Provisions as to time directory only
The times appointed for the performance, by the enumerator of a local authority, of the duties required of him under this Part as to the list of electors, are directory only to the enumerator; and the non-performance by him of any of the duties within the times appointed does not render void or inoperative any of the lists of electors.
Proceedings to compel revision of lists
Where the enumerator or the revising officer of a local authority fails to perform any of the duties imposed upon him under this Division as to the list of electors, any person entitled to have his name placed on the list of electors may make application to a judge of the Court of Queen's Bench, to enforce performance by him of those duties.
The application shall state the grounds on which it is made, and shall be verified by the affidavit or statutory declaration of the applicant.
On such an application, the judge may require the enumerator or revising officer and any other person he sees fit to appear before him and produce the assessment roll, list of electors, and any documents relating thereto, and to submit to such examination on oath as is required of him or them; and the judge shall thereupon make such orders, and give such directions, as are necessary to enforce compliance with this Division.
Penalty incurred by officials for omissions
A clerk, enumerator, assistant enumerator, revising officer or assistant revising officer who neglects, refuses, omits, or fails to perform any of the duties required of him under this Division respecting the list of electors, is guilty of an offence.
No person shall make, execute, accept or become a party to any lease, deed, or other instrument, or to any oral arrangement, whereby a colourable interest in any land is conferred, in order to qualify any person to vote at an election.
Any person who violates section 42, is guilty of an offence; and any person who induces, or attempts to induce, another to commit an offence under section 42 is guilty of an offence.
DIVISION II
NOMINATIONS
Nominations of candidates in each local authority shall be filed with the returning officer, and he shall receive them, in such years, or at such times, and at such place, and during such period, as is required in the Act under which the local authority is constituted, and the nominations shall be made in accordance with sections 45 to 49.
Documents to be available to public
The returning officer shall make a document filed under section 46 available for inspection by any member of the public on request during the times and at the place that nominations are received under subsection (1).
S.M. 1991-92, c. 13, s. 4.
The returning officer of each local authority shall give at least 14 days previous notice of the date, time, and place when and where he will receive nominations
(a) by publishing the notice as provided in subsection 2(2); or
(b) by posting up a notice as provided in subsection 2(3).
The notice shall include a statement setting out a brief description of the declarations, certificates, and other documents that, under the Act constituting a local authority, are required to accompany a nomination of a candidate, if any such are so required.
The returning officer shall be present on the date, and at the time and place stated in the notice.
All nominations shall be made in writing, and shall be signed
(a) in the case of the election of a member of the council for a ward, where the authority is divided into wards, by
(i) at least 25 electors of the ward, or
(ii) not less than 1% of the electors of the ward,
whichever is the lesser; and
(b) in all other cases, by
(i) at least 25 electors of the authority, or
(ii) not less than 1% of the electors of the authority,
whichever is the lesser;
but, in all cases, by at least two electors, each of whom shall include his or her address, or the location of property owned by him or her, in the authority.
Documents to accompany nomination
Each nomination shall be accompanied by a written acceptance thereof by the candidate, and by such other declarations, certificates, and documents, if any, as may be required as mentioned in subsection 45(2).
Form of declaration of candidate required
Where a nomination is required to be accompanied by a declaration by the candidate, the declaration shall be in Form 9.
Where a nomination is required to be accompanied by a certificate of the treasurer of the authority or of any other person, or by any other document, the certificate or document shall be in such form, if any, as may be required or authorized in the Act under which the authority is constituted.
A nomination paper not accompanied by a written acceptance as required under subsection (2), and by such other declarations, certificates, and documents, if any, as may be required as mentioned in subsection 45(2), shall be rejected by the returning officer.
Any candidate who makes a false statement in a declaration accompanying his acceptance of nomination is guilty of an offence.
S.M. 1991-92, c. 13, s. 5.
Where only that number of candidates for any particular office or offices that is equal to the number of offices to be filled is nominated within the time limited therefor, the returning officer shall declare the candidate or candidates nominated, duly elected to that office or those offices.
Where more candidates are nominated for any particular office than are required to be elected, the returning officer,
(a) shall forthwith publicly announce the names of the candidates and the date and time when, the polls will be open for the taking of votes for the candidates nominated; and
(b) subject to section 49, shall, within seven days after the nomination, publish or post up in the authority or in the appropriate polling subdivisions thereof, a notice showing
(i) the names of the persons nominated, and
(ii) the date and time when and the places where, the polls will be open for the taking of votes for the candidates nominated.
Mailing of notice as to polling
It is a sufficient compliance with the requirement of sub-clause 48(b)(ii) as to publishing or posting up a notice of the matters mentioned in that sub-clause, if the returning officer causes to be sent, by mail, to each person named on the list of electors for each polling subdivision in the authority, not less than 10 days before the day of the election, a notice showing the date and time when, and the places where, the polls will be open in that polling subdivision for the taking of votes for the candidates nominated.
After nomination, a candidate may appoint in writing a person to act as his or her official agent to represent the candidate during the election and, during the hours of polling, at polling places; and on appointing an official agent, the candidate shall
(a) hand the written appointment to the agent; and
(b) notify the returning officer, in writing, of the appointment.
S.M. 1991-92, c. 13, s. 6.
Where more candidates are nominated for any particular office than are required to be elected, any candidate may, before two o'clock in the afternoon of the second day following the nomination day, tender his withdrawal, in writing, to the returning officer, who shall accept it if a sufficient number of candidates remain to fill the offices to be filled.
Where a candidate dies after being nominated and before the close of the poll, the returning officer shall fix a new day for the nomination of candidates and for polling; and the nomination day shall be the nearest day practicable after allowing the required time between the posting of the warrant and the nomination day; and he shall forthwith make a return thereof to the head of the council and with his return report the cause of the postponement of the election.
DIVISION III
TIME, PLACE, AND MANNER OF HOLDING ELECTIONS
Subject to subsection 56(4), every election shall be held in the local authority to which it relates, in such years as are required in the Act under which the local authority is constituted.
Subject to section 57, polling shall begin at eight o'clock in the forenoon and close at eight o'clock in the afternoon of the same day.
PRELIMINARY PROCEEDINGS
Appointment of deputy returning officer
Where the election is to be held by polling subdivisions and a poll is required, the returning officer shall appoint, for each polling subdivision, one (or, where necessary, more than one) deputy returning officer, who shall preside at the polling place for the polling subdivision; but the returning officer may take charge of one of the polling subdivisions, and perform the duties therein to be performed by a deputy returning officer.
Duty of returning officer where no polling subdivisions
Where a local authority is not divided into polling subdivisions, the returning officer may
(a) perform the like duties with respect to the whole authority as are imposed upon a deputy returning officer in respect of a polling subdivision; or
(b) establish such number of polling places as he deems are necessary or desirable for the greater convenience of the electors, and appoint deputy returning officers to act as provided in respect of cases to which subsection (1) applies.
Provision of quarters for R.O.
The returning officer shall arrange to provide himself with quarters reasonably sufficient to enable him to discharge his duties properly.
Appointment of assistant returning officers
The returning officer may appoint one or more assistant returning officers, and may delegate to the assistant returning officers any duties and powers imposed on or granted to the returning officer under this Act.
Each deputy returning officer shall make the returns for his polling subdivision to the returning officer.
Each deputy returning officer who has taken the oath of office herein required and has not been relieved of his appointment before election day, and who, without just excuse, fails to present himself at the proper time on election day at the polling place to which he has been appointed or who otherwise fails to perform the duties of his office as herein set forth, is guilty of an offence.
POLLING PLACES
The returning officer of each local authority shall establish the polling places in each polling subdivision for each election.
Premises of candidate not to be used
No polling place shall be established in premises in which a candidate for election has any estate or interest, or in any licensed premises within the meaning of The Liquor Control Act.
A returning officer shall ensure that, as far as is practicable, every polling place is located in premises that provide ease of access, including wheelchair access, to voters.
Polling places in another local authority
Where the greater convenience of electors of a local authority would be suited thereby, the returning officer may establish in another local authority a polling place for any polling subdivision of the local authority first mentioned, or any portion of such a polling subdivision.
S.M. 1991-92, c. 13, s. 7.
HOSPITAL POLL
The returning officer for a local authority in which there is a hospital shall provide a special poll or a moving poll in the hospital at which the patients in the hospital may vote.
Where a hospital poll is established under subsection (1), the administrative head of the hospital shall permit the deputy returning officer, any poll clerk and candidate, or the official agent or scrutineer of a candidate, to enter the hospital, and shall assist the officials of the poll in receiving the ballots of patients who are entitled to vote.
S.M. 1991-92, c. 13, s. 8.
MOVING POLLS
Moving poll for low population area
The returning officer may, where the small number of voters in a part of an authority makes it impracticable to establish separate polling places to serve the voters, or where the greater convenience of voters in a part of an authority would be served, establish a moving poll or a moving advance poll, or both, which on election day, and on a day fixed for an advance poll, during the hours when polls are required to be open, is moved from place to place within the part of the authority.
List of electors for moving poll
The returning officer shall furnish the deputy returning officer of a moving poll established under subsection (1) with a copy of the voters' list for each polling subdivision in the local authority, certified to be a true copy of the voters' list, with any revisions, and the copy shall be marked "Moving Poll List" or "Moving Advance Poll List", and shall be deemed to be an original list of electors under this Act.
S.M. 1991-92, c. 13, s. 8.
Where, in an authority there is
(a) an institution for the care of sick or infirm persons; or
(b) an institution in which persons who are not serving sentences for offences under the law are detained while awaiting trial;
the returning officer may establish a moving poll that, on election day, during the hours when polls are required to be open, is moved from institution to institution in the local authority to accept the votes of patients or inmates.
Where a moving poll is established under subsection (1), the administrative head of the institution shall permit the deputy returning officer, any poll clerk and candidate, or the official agent or scrutineer of a candidate, to enter the institution, and shall assist the officials of the poll in receiving the ballots of patients or inmates who are entitled to vote.
List of electors for moving poll
The returning officer shall furnish the deputy returning officer of a moving poll established under subsection (1) with a copy of the voters' list for each polling subdivision in the local authority, certified to be a true copy of the voters' list with revisions thereto, and the copy shall be marked "Moving Poll List" and shall be deemed an original list under this Act.
S.M. 1991-92, c. 13, s. 8.
ADVANCE POLLS
Persons voting at advance polls
For the purpose of accommodating persons who are qualified to vote and
(a) who are appointed deputy returning officers, poll clerks, interpreters, or constables, or scrutineers, and because of their appointments are unable to attend at the proper polling places to cast their votes; or
(b) who have reason to believe that they will be absent from the local authority on the day fixed for the election or voting on any by-law in the local authority; or
(c) who have reason to believe that their proper polling places will not be accessible to them;
the returning officer may, and if directed to do so by by-law of the council, shall, establish an advance polling place or places at a central location, in the authority at which votes may be cast by those persons; and all things shall be done, and proceedings taken, with respect thereto that are required to be done or taken in, and with respect to, any polling place in the election or voting.
The poll at every advance polling place shall, subject to subsection (3), be open, and kept open, during the three days, none of which is a holiday, immediately prior to the day immediately preceding the day of the election or voting, during the hours between five and nine o'clock in the afternoon.
Reduction of advance polling days
The local authority may, by by-law, reduce to two or one the number of days the returning officer is required to open and keep open the advanced poll; and in the by-law shall indicate which of the three days mentioned in subsection (2) the advance poll is to be open and kept open.
A returning officer shall ensure that, as far as is practicable, every polling place at an advance poll is located in premises that provide ease of access, including wheelchair access, to voters.
Every person applying to vote at an advance polling place, before being permitted to do so, shall be required by the deputy returning officer in charge of the poll to make and sign, and shall make and sign, a statement in Form 10, or to like effect; and any person who makes any such statement knowing that it, or any part of it, is false is guilty of an offence.
The deputy returning officer shall file the statement with the other records of the poll.
The conduct of the poll and the voting procedures thereat shall be in accordance with those prescribed herein in respect of a regular poll.
At every advance polling place, at the close of the poll each day, the deputy returning officer, without opening the ballot box, shall seal the aperture for placing the ballots in the box; and at the opening of the poll on the following day he shall break the seals in the presence of such persons as are lawfully present.
The ballot box shall be at all times in the personal custody of the deputy returning officer until delivery to the returning officer.
At the close of the poll on the third day the deputy returning officer and the poll clerk, if any, and any candidate or scrutineer present who desires to do so, shall affix their seals to the ballot box in such a manner that the box cannot be opened or any ballots be deposited therein without breaking the seals; and the deputy returning officer shall take charge of, and safely keep, the ballot box until the closing of the poll on election day, when he shall, at a place that is designated by the deputy returning officer, the location of which shall be posted by the deputy returning officer at the location of the advance poll on each day of an advance poll, proceed to count and sort the ballots, prepare the statements, and make the returns and deliveries required herein.
In all forms, declarations and statements relating to a poll in such polling places, the poll shall be described as the "advance poll".
S.M. 1991-92, c. 13, s. 9.
WHERE ELECTORS MAY VOTE
Subject to section 59, where a local authority is divided into polling subdivisions, a resident elector shall vote in the polling subdivision in which he resides, and there only.
Voting by non-resident elector
Where a local authority is divided into polling subdivisions, a non-resident elector shall vote in one only of the polling subdivisions in which he is a qualified elector.
Certificate to entitle officers to vote
On the request of any elector who has been appointed deputy returning officer, poll clerk, interpreter, constable, or scrutineer of a candidate, to attend at any polling place other than the one at which he is entitled to vote, the returning officer shall give him a certificate certifying that he is entitled to vote
(a) at the advance poll; or
(b) at the polling place where he is to attend on election day;
and the certificate shall state the basis of the qualification in respect of which he is entitled to vote.
Right to vote on production of certificate
On the production of a certificate issued under section 59, the elector has the right to vote at the advance poll instead of at the polling station at which he would otherwise have been entitled to vote; and the deputy returning officer shall attach the certificate to the poll book.
Authority to vote under certificate
A certificate issued under section 59 does not entitle an elector to vote for candidates for election as members of the council in a local authority divided into wards, except in the ward in which he would otherwise be entitled so to vote.
BALLOT BOXES
Where a poll is required, the returning officer shall procure, at the expense of the local authority, at least as many ballot boxes as there are polling subdivisions in the authority.
The ballot boxes shall be made of some durable material, shall be provided with a lock and key, and shall be so constructed that the ballot papers may be deposited therein and may not be withdrawn without unlocking the box.
Prior to the opening of each poll the returning officer shall deliver a ballot box to the deputy returning officer thereof.
BALLOT PAPERS
Where a poll is required, the returning officer shall forthwith cause to be printed, at the expense of the local authority, a sufficient number of ballot papers for the purposes of the election.
Ballot papers shall be printed on paper of a weight of not less than that known to the printing trade as "substance number 24".
Every ballot paper shall contain the names of the duly nominated candidates which, subject to subsection (4), shall be arranged alphabetically in the order of their surnames and, if there are two or more candidates with the same surname, then in the order of their given names.
The council of a local authority may, by resolution, provide that where there are three or more candidates for any one office, the ballot papers for election to that office shall be both printed, and bound into pads, in a varying sequence as in this subsection provided, having, as nearly as possible, the same number of ballot papers of each sequence in each pad, and being in accordance with the following provisions:
(a) The names on the ballot papers in the first sequence shall be printed in the alphabetical order of the surnames of the candidates;
(b) In the second sequence, the name that appears first on the ballot papers in the first sequence shall appear last, and the first name to appear on the ballot papers in the second sequence shall be the name that appeared second on the ballot papers in the first sequence;
(c) The varying sequence aforesaid shall be continued until each name on the ballot papers has appeared first, last, and in each intermediary position on the ballot papers.
Variation of prescribed sequence not to invalidate election
No variation of the sequence prescribed in subsection (4) invalidates or affects any election.
Different sets of ballots for mayor and aldermen
In the case of an election in a municipality,
(a) the names of the candidates for mayor or reeve shall not be included in the same ballot paper with the names of the candidates for aldermen or councillors; and
(b) one set of ballot papers shall be prepared for all the polling subdivisions, containing the names of the candidates for mayor or reeve, and another set shall be prepared for each polling subdivision containing the names of the candidates for aldermen or councillors for whom voting takes place in that polling subdivision.
The ballot papers shall be in the form set out in Form 21 (First Paper) or in Form 21 (Second Paper), or in both forms, according as the ballot is for the election of one, or more than one, persons.
VOTING COMPARTMENTS AND MATERIALS
Compartment for voters to mark ballots
The returning officer and the respective deputy returning officers shall see that a proper compartment, in which the electors can mark their ballot papers screened from observation, is provided at each polling place.
Materials to be furnished to deputy returning officers
Where a local authority is divided into polling subdivisions, the returning officer shall, before the opening of the poll, deliver or cause to be delivered to each deputy returning officer, for use in his polling subdivision, the necessary materials for holding the election and for voters to mark the ballot papers; and the materials shall be kept at the polling place by the deputy returning officer for the use of electors in voting.
Without restricting the generality of subsection (1), the returning officer shall, before the opening of the poll, deliver or cause to be delivered to each deputy returning officer the following:
(a) at least five copies of the directions for the guidance of voters in voting set out in Form 11;
(b) a copy of his written instructions, if any, to deputy returning officers;
(c) a suitable poll book;
(d) a copy of the latest revised list of electors;
(e) ahere a by-law is being submitted for the assent of the resident electors, a copy of the latest certified list of electors showing which electors are resident in the local authority;
(f) a ballot box or ballot boxes;
(g) the necessary ballot papers;
(h) the materials necessary to enable voters to mark the ballot papers, and such other forms, stationery, and materials as may be required to enable the deputy returning officer to perform his duties properly;
(i) the required number of copies of any form that is completed by a voter.
Keeping of materials for voters
Each deputy returning officer shall keep at the polling place, for the convenient use of voters, the materials mentioned in clauses (2)(h) and (i).
S.M. 1991-92, c. 13, s. 10.
DEPUTY RETURNING OFFICERS
Each deputy returning officer, before beginning to discharge his duties, shall take the oath of office set out in Form 1.
Each deputy returning officer shall make the returns for his polling subdivision to the returning officer.
Duty of poll clerk if deputy becomes ill
Where a deputy returning officer becomes ill and unable to perform the duties assigned to him during the day of the election, the poll clerk, if any, for the polling subdivision has all the powers, and shall perform all the duties, of the deputy returning officer, and shall appoint another person to act as poll clerk.
Where there is no poll clerk for the polling subdivision the returning officer may appoint other persons to act as deputy returning officer and poll clerk respectively; but, in lieu of appointing another deputy returning officer, he may himself act as deputy returning officer.
Where the poll clerk for the polling subdivision, or the returning officer or other person appointed by him, performs the duties of the deputy returning officer who is unable to act, the signature or initials as the case may be, on the backs of the ballot papers and on any other documents required to be signed or initialled by the deputy returning officer is or are of the same effect in all respects as the signature or initials of a deputy returning officer duly appointed for the polling subdivision.
In his discretion a returning officer may appoint one or more poll clerks for any polling subdivision; and a poll clerk may, under the direction of the deputy returning officer, perform any of the duties assigned to the deputy returning officer.
Each poll clerk, before beginning to discharge his duties, shall take the oath of office set out in Form 1.
Any person who, in or at any polling place during the day of an election,
(a) assaults, beats, molests, threatens, or interferes with any person coming to, present or remaining at, or going from the polling place, for the purpose of voting or otherwise; or
(b) otherwise acts in a riotous or disorderly manner;
is guilty of an offence.
Arrest or ejection of offender
Each returning officer and each deputy returning officer shall, during the day of an election or of the voting on a by-law, act as a conservator of the peace; and he may cause any person who, in his opinion, has committed an offence under subsection (1) to be arrested or ejected from the polling place.
Where a returning officer or a deputy returning officer causes any person to be arrested as provided in subsection (2), he shall forthwith deliver that person to a peace officer, and the peace officer may detain the person until he is dealt with in accordance with this section.
A peace officer who receives delivery of, and detains, a person who has been arrested under subsection (2) shall, in accordance with this section, take that person, or cause him to be taken, before a justice to be dealt with as provided in Part XVI of the Criminal Code (Canada) and in The Summary Convictions Act and this section.
Where a person is arrested and taken before a justice as provided in this section, the deputy returning officer who caused him to be arrested shall forthwith lay an information in writing and under oath before a justice; and the justice shall receive the information where it is alleged that the person arrested has committed an offence under subsection (1).
Assistance to returning officer
When so required by the returning officer or deputy returning officer, every peace officer and every person present in the polling place at the time of the arrest or ejection of any person as provided in subsection (2) shall assist the returning officer or deputy returning officer or any constable appointed under this Division or any other peace officer there present in carrying out this section.
S.M. 1991-92, c. 41, s. 14.
A returning officer, deputy returning officer or justice of the peace may appoint and swear in any number of special constables to assist in the preservation of the peace or preservation of order at an election or at the voting upon a by-law.
Each constable, before beginning to discharge his duties, shall take the oath of office set out in Form 1.
Any person who is liable to serve as constable, and is required by a returning officer, deputy returning officer, or justice of the peace to be sworn in as a special constable, and who refuses to be sworn in or to serve, is guilty of an offence.
Before the day of polling at each election, the returning officer shall post up in his office a copy of this Act, as amended from time to time.
The returning officer shall, as required under section 65, furnish each deputy returning officer with a suitable poll book in which the deputy returning officer or the poll clerk shall enter the names of all persons applying to vote, unless those names are previously printed therein.
The deputy returning officer or poll clerk shall record whether those persons vote for mayor or reeve, or aldermen or councillors, or both, or for school trustees, or a by-law or for all of them and, in any case, whether those persons are objected to or sworn, and, by whom, and, if objected to, whether the person votes or not.
Interference with voters prohibited
No person shall interfere with, or attempt to interfere with, an elector when marking his ballot or casting his vote, or otherwise attempt to obtain at the polling place information as to the candidate or candidates for whom any elector, at that polling place, is about to vote or has voted.
Information as to candidate for whom elector votes
No person shall communicate at any time to any person any information obtained at a polling place as to the candidate or candidates for whom any elector at that polling place is about to vote or has voted.
Officers to maintain secrecy of voting
Every returning officer, deputy returning officer, poll clerk, constable, candidate, and scrutineer of a candidate, in attendance at a polling place or at the counting of the votes, or at both, shall maintain, and aid in maintaining, the secrecy of the voting; and he shall not communicate, or attempt to communicate, any information obtained at the counting of the votes as to any candidate for whom any vote is given in any particular ballot paper or by any particular elector.
No person to induce voter to show marked ballot
No person shall, directly or indirectly, induce an elector to display his ballot paper after he has marked it, so as to make known to any person the name of any candidate for whom he has voted.
Before the opening of the polls (including the advance poll),
(a) the returning officer of the local authority shall make a declaration of secrecy; and
(b) every deputy returning officer, poll clerk, interpreter, constable, candidate or scrutineer of a candidate, in attendance at a polling place, or at the counting of votes, or at a recount thereof, shall make a declaration of secrecy.
Form of declaration of secrecy
The declaration of secrecy shall be in Form 12.
No one compellable to disclose his vote
No person who has voted at an election shall, in any legal proceedings to question the election or return, be required to state for whom he has voted.
POLLING
Where a poll is required at an election, the votes shall be given by ballot.
Before the opening of the poll, or immediately thereafter, on receiving the printed directions for the guidance of the voter in voting, each deputy returning officer shall cause them to be placarded outside his polling place, and also in every compartment of the polling place; and he shall ensure that they remain so placarded until the close of the polling.
Deputy returning officer to show box empty and then lock and seal it
The deputy returning officer shall, immediately before the commencement of the poll, show the ballot box to such persons as are present in the polling place, so that they may see that it is empty; and he shall then lock the box and place his seal upon it in such manner as to prevent it being opened without breaking the seal; and he shall then place the box in plain view for the receipt of ballot papers, and shall keep it so locked and sealed during the hours of voting.
Persons entitled to be present
During the hours appointed for voting, no person is entitled, or shall be permitted, to be present in any polling place other than
(a) the election officers;
(b) the candidates and their official agents, appointed under section 50;
(c) the interpreter, if any, appointed;
(d) two scrutineers for each candidate appointed for that polling place and authorized as provided under subsection (2);
(e) a scrutineer-at-large for each candidate appointed and authorized as provided in subsection (3); and
(f) such electors as are, from time to time, actually within the premises in which the polling place is situated for the purpose of voting.
Each candidate may appoint in writing, in respect of each poll, not more than two persons, of the full age of 18 years, as scrutineers to represent him at that poll and a scrutineer so appointed is entitled to be present in the polling place of that poll
(a) during polling hours;
(b) 15 minutes before the polls are open; and
(c) after the poll is closed until the counting of votes at the poll is completed.
Appointment of scrutineers-at-large
Each candidate may appoint in writing not more than two persons as scrutineers-at-large to represent him at the polls of the local authority, or the ward thereof in which he is a candidate, as the case may be, and a scrutineer-at-large is entitled to be present in any polling place in the local authority or the wards thereof, as the case may be,
(a) during polling hours;
(b) 15 minutes before the polls are open; and
(c) after the poll is closed until the counting of votes at the poll is completed.
Candidate may undertake duties of a scrutineer
A candidate may himself undertake the duties that any scrutineer of his, if appointed, is authorized to undertake, or may assist his scrutineer in the performance of those duties, and may be present at any place at which his scrutineer, pursuant to this Division, is authorized to attend; but no candidate shall be present at the marking of a ballot.
Expressions referring to scrutineers
Where in this Division expressions are used requiring or authorizing any act or thing to be done, or implying that any act or thing is to be done, in the presence of the scrutineers of the candidates, those expressions shall be conclusively deemed to refer to the presence of such scrutineers of the candidates as are authorized to attend, and as have in fact attended, at the time and place where the act or thing is being done; and the non-attendance of any scrutineer at any such time and place does not invalidate the act or thing if otherwise duly done.
Assistance from peace officers
The deputy returning officer may, however, have present, or summon to his assistance in the polling place, any peace officer, for the purpose of maintaining order or of preserving the public peace or preventing any breach thereof, or of removing any person who, in the opinion of the deputy returning officer, is obstructing the polling or wilfully violating any provision of this Act.
S.M. 1991-92, c. 13, s. 11.
Persons entitled to vote at elections
Except in the case of a new local authority or territory added to an authority for which there is no list of electors and subject to section 9, no person is entitled to vote at an election unless he is
(a) a person named, or purported to be named, in the list of electors certified as provided in section 32; or
(b) a person
(i) who is qualified to vote at a polling subdivision in the authority,
(ii) whose name, though not on the list of electors, has not been struck off that list by the revising officer, and
(iii) whose application, if any, to have his name placed on the list of electors under section 22 has not been rejected by the revising officer.
The qualification of a person claiming to be entitled to vote shall not be questioned, except
(a) to require a person whose name is not on the list of electors to comply with the requirements of subsection 84(2); or
(b) when a request is made under clause 85(1)(c), to require a person to take the affidavit of an elector in the prescribed form.
Person not on list may apply to vote
A person who is qualified to vote but whose name is not on the list of electors may apply to have his or her name added. The application must be made by the person at the poll where he or she is qualified to vote, during the hours the poll is open.
Requirements for person applying to vote
A person applying under subsection (1) must swear or affirm an affidavit of an elector, in the prescribed form, before the deputy returning officer, and
(a) must produce to the deputy returning officer
(i) an official document issued by a federal, provincial or municipal government that contains the applicant's name, address and photograph, or
(ii) two documents that provide evidence satisfactory to the deputy returning officer of the applicant's identity; or
(b) if he or she is unable to comply with clause (a), must establish his or her identity in another manner acceptable to the deputy returning officer.
A person applying to vote as a non-resident owner must also provide evidence satisfactory to the deputy returning officer that he or she has the qualifications of a non-resident owner stated in subsection 5(1.1).
If a person complies with the requirements of subsection (2), the deputy returning officer must add the person's name at the end of the list of electors, and assign to it the next available consecutive number.
If a person refuses or fails to comply with the requirements of subsection (2), the deputy returning officer
(a) must record that refusal or failure opposite the name of the person in the proper column of the poll book; and
(b) must not permit the person to vote.
S.M. 2001, c. 34, s. 8; S.M. 2002, c. 4, s. 4 and 5.
General proceedings on tender of vote
Where a person claiming to be entitled to vote presents himself at the polling place of a polling subdivision for the purpose of voting, the deputy returning officer shall, subject as herein provided, proceed as follows:
(a) he shall ascertain whether the name of the person is entered on the list of electors for that polling subdivision; and, if it is not, he shall require the person to comply with subsections 84(1) and (2);
(b) he shall record, or cause to be recorded, in the proper column of the poll book, the name, number on the list of electors, and residence of the person;
(c) where a candidate or his scrutineer or an election officer wishes to have sworn any person claiming to be entitled to vote or presenting himself for the purpose of voting, the candidate or his scrutineer, or that election officer, before that person receives a ballot from the deputy returning officer and not afterwards, shall request that he swear the affidavit of an elector under subsection 84(2);
(d) where the person swears the affidavit, the deputy returning officer shall enter, or cause to be entered, opposite that person's name, in the proper column of the poll book the word "sworn" or "affirmed" according to the fact;
(e) where the person refuses to swear the affidavit, the deputy returning officer shall enter or cause to be entered opposite his name, in the proper column of the poll book, the words "refused to be sworn" or "refused to affirm" according to the fact; and the person shall not be permitted to vote;
(f) where objection to a vote is made by any candidate or his scrutineer, the deputy returning officer shall enter, or cause to be entered, in the poll book, opposite the name of the person in the proper column, the words "objected to", and the name of the candidate by whom, or on whose behalf, the objection is made.
No person may present himself more than once for the purpose of voting.
Subject to section 95, no inquiries shall be made of any elector voting except with respect to the facts specified in the affidavit, taken or to be taken by him.
Mode of voting to be explained to voter
The deputy returning officer may, and upon request shall, either personally or through his poll clerk, explain to the person voting, as concisely as possible, the mode of voting.
Where the returning officer has reason to believe that, at any polling place, electors unable to speak or read the English language are likely to present themselves to vote, he may appoint a person familiar with the language of those electors, to act as interpreter for the purpose of interpreting to them such explanations as to the mode of voting as the deputy returning officer or poll clerk gives, and to interpret all questions that are proper for the deputy returning officer or poll clerk to ask any such elector and the answers thereto.
Before acting as interpreter the person appointed shall swear or affirm the affidavit in Form 14.
Ballot to be initialled by deputy returning officer
Subject to clause 85(1)(e), when the proper entries respecting the person applying to vote have been made in the poll book as required by this Act, the deputy returning officer shall initial the back of the ballot paper, and deliver it to the person so applying.
In the case of any election, the deputy returning officer or poll clerk shall indicate by an entry in the poll book opposite the name of each elector
(a) whether he has voted for a candidate for the office of mayor or reeve only, or for candidates for office as aldermen or councillors only, or for both or for candidates for office as school trustees; and
(b) whether he has voted on approval of a by-law under Part IV.
Upon receiving from the deputy returning officer the ballot paper, the elector shall forthwith proceed into the compartment provided for the purpose and shall there and then mark his ballot paper in the manner mentioned in the directions for the guidance of electors by placing a cross thus, — X — on the right-hand side opposite the name of any candidate for whom he desires to vote, or at any other place within the division on the ballot that contains the name of that candidate.
The elector shall then fold the ballot paper across so as to conceal the names of the candidates and the marks upon the face of the paper and so as to expose the initials of the deputy returning officer and, leaving the compartment, shall, without delay and without showing the front of the ballot paper to anyone, or so displaying the ballot paper as to indicate the candidate or candidates for whom he has voted, deliver the ballot paper so folded to the deputy returning officer.
The deputy returning officer, without unfolding the ballot paper, or in any way disclosing to himself or any other person the name of any candidate or the marks made by the elector, shall verify his own initials and, in the presence of those present, at once deposit the ballot paper in the ballot box; and the elector shall then forthwith leave the polling place.
Receipt of ballot evidence of having voted
Subject to sections 93, 94 and 95, the receipt of any elector of a ballot paper within the polling place is evidence that he has there and then voted.
Exclusion from balloting compartment
Subject to section 95, while the elector is in the balloting compartment no other person shall be allowed to enter the compartment, or to be in any position from which he can observe the mode in which the elector marks his ballot paper.
Voters not to take ballot from polling place
A person who has received a ballot paper shall not take it out of the polling place.
When a person leaves the polling place without first delivering his ballot paper to the deputy returning officer in the manner prescribed, or returns it, declining to vote, he thereby forfeits his right to vote; and the deputy returning officer shall make an entry in the poll book, in the column for remarks, to the effect that the person received a ballot paper but took it out of the polling place or returned it declining to vote, as the facts may be.
Action of deputy returning officer
Where a person returns his ballot paper declining to vote, the deputy returning officer shall immediately write the word "declined" upon, and preserve, the ballot paper.
Proceedings if ballot cannot be used
An elector voting, who has inadvertently spoiled his ballot paper may, on returning it to the deputy returning officer, obtain another ballot paper, and the deputy returning officer shall immediately write the word "spoiled" upon the returned ballot paper and preserve it.
VOTER UNABLE TO MARK BALLOT
Procedure if voter unable to mark ballot
Notwithstanding any other provision of this Act, where a person claiming to be entitled to vote presents himself for the purpose of voting and makes a declaration in Form 15 that he or she is unable for any reason to mark a ballot paper and the person is unable or unwilling for any reason to vote by using a template as provided in subsection (2), the deputy returning officer shall proceed as follows:
(a) he shall
(i) in the presence of any scrutineers of the candidates who are then present in the polling place, cause the vote of that person to be marked on the ballot paper in the manner directed by the person, and shall place the ballot paper in the ballot box, or
(ii) if the person is accompanied by a friend, permit the friend to accompany the person into the voting compartment and mark the person's ballot paper for him;
(b) he shall state or cause to be stated in the poll book, by entry opposite the name of that person, that the vote is marked pursuant to this section, and the reason why it is so marked; and
(c) the declaration of inability to read or of incapacity to mark a ballot paper shall be made before, attested by, and given to, the deputy returning officer at the time of voting, in Form 15.
Where a voter is, by reason of blindness or other visual impairment, unable to vote in the manner prescribed in sections 85 to 94, and the voter applies to the deputy returning officer to be permitted to vote, the deputy returning officer shall
(a) provide the voter with a template prepared to assist voters who are blind or otherwise visually impaired in marking their ballots;
(b) where necessary, instruct the voter in the use of the template;
(c) lead the voter, or cause the voter to be led, to the voting compartment and leave the voter there to mark the ballot;
(d) retrieve the template from the voter after the voter has marked the ballot; and
(e) otherwise follow the procedures laid down by this Act as far as is practicable for the purpose of accepting the marked ballot and depositing it in the ballot box.
An elector who
(a) is unable to vote, or believes, for reasons stated in writing, that he or she will not be able to vote, on the days fixed for an election and an advance poll; or
(b) is unable, owing to physical disability, to go to an advance poll or polling place;
may apply in writing to the returning officer, at least 14 days before election day to vote at the election by mail.
Ballot to be delivered to elector
Where the returning officer is satisfied that an elector who applies under subsection (3) is entitled to vote at the election and is unable to attend at the polling place, the returning officer shall initial a ballot paper for the purposes of section 88 and shall deliver or cause to be delivered to the residence of the elector not later than seven days before the day on which the polling takes place, or shall send to the elector to arrive by ordinary mail at the residence of the elector not later than seven days before the day on which the polling takes place
(a) the ballot paper so marked;
(b) a ballot envelope with the prescribed instructions printed on it;
(c) a certificate envelope with a certificate of identification, in the prescribed form, printed on it;
(d) an outer envelope with the address of the returning officer, in the prescribed form, printed on it; and
(e) instructions as how to vote by mail as described in subsection (7);
and the returning officer shall cross the name of the elector from the list of electors for the polling place at which the elector was entitled to vote.
The returning officer shall keep a record in a separate poll book of the names of the electors to whom he has sent ballots under subsection (4).
Except as herein otherwise provided, an elector to whom a ballot is sent under subsection (4) shall mark the ballot and vote in accordance with the provisions of this Act.
An elector voting by mail shall follow these instructions:
(a) the elector shall mark the ballot as required for the purposes of the election;
(b) the elector shall insert the marked ballot in the ballot envelope, and seal the ballot envelope;
(c) the elector shall insert the ballot envelope in the certificate envelope and seal the certificate envelope;
(d) the elector shall complete the form of certificate of identification on the certificate envelope;
(e) the certificate envelope shall be inserted in the outer envelope and the outer envelope sealed;
(f) the elector shall deliver the outer envelope containing the ballot, the ballot envelope and the certificate envelope, to the returning officer not later than the close of polls on the day on which the polling takes place at the election.
Upon receiving a ballot sent by mail under this section, the returning officer shall remove the certificate envelope from the outer envelope, and
(a) if he is satisfied from the examination of the certificate on the certificate envelope as to the identity of the elector whose ballot is enclosed, he shall open and destroy the certificate envelope and place the ballot, still enclosed in the ballot envelope, in a ballot box maintained by him for that purpose; but
(b) if he is not satisfied as to the identity of the elector whose ballot is enclosed, he shall retain the certificate envelope unopened and treat it as a spoiled ballot.
At the close of polling on polling day, the returning officer shall open the ballot box maintained by him for the purpose of mailed ballots, open the ballot envelopes contained therein and allocate the ballots to their respective polling subdivisions and shall count the ballots allotted to each polling subdivision and distribute the votes recorded on the ballots to the respective candidates, observing as nearly as possible the procedures applicable to an ordinary poll.
The returning officer shall prepare a statement of his poll of mailed ballots similar to that required under section 97, and shall take the statement into account before casting up the number of votes under section 100, adding the number of votes shown for each candidate on the statement so prepared to the total number of votes for that candidate shown by all the statements of the returning officers.
S.M. 1991-92, c. 13, s. 13; S.M. 2001, c. 34, s. 10.
INTERRUPTED POLLS
Proceedings where election interrupted
Where, by reason of riot or other emergency, an election in any polling subdivision is not begun on the proper day, or is interrupted after being begun and before the hour fixed for the closing of the poll, the returning officer or deputy returning officer shall hold or resume the election on the next following day, at the hour of eight o'clock in the forenoon, and continue the election from day to day, if necessary, for four days, until the poll has been opened without interruption and with free access to the electors for a total of 12 hours in all.
Where at the election, a poll has not, by the end of the fourth day from the day the election began or should have begun, been kept open for the required number of hours, the returning officer or deputy returning officer shall not return any person as elected; but
(a) the deputy returning officer presiding shall, on the next following day, return to the returning officer the poll book and list of electors and the ballot papers, if any; and
(b) the returning officer, on receipt of the poll book, list of electors, and ballot papers, if any, shall forthwith return them to the head or chairman of the council of the local authority, certifying the cause of there not being an election;
and thereupon a new election shall be held, and the head or chairman of the council of the authority shall forthwith issue his warrant therefor.
DEPUTY RETURNING OFFICER'S COUNT
Duties of deputy returning officer respecting spoiled and declined ballots
Immediately after the closing of the poll the deputy returning officer, in the presence of the poll clerk and the candidates, or their scrutineers, who may lawfully be there, shall
(a) count the number of the spoiled and declined ballots and place them all in an envelope marked "spoiled and declined ballots", seal it up, and endorse thereon the number of such ballots therein contained;
(b) count the number of electors whose names appear on the list of electors for the polling subdivision, and the number of electors whose names appear by the poll book to have voted, and shall make an entry thereof in the poll book on the line immediately below the name of the elector who voted last, thus:
Number of names on list
Number who voted
We hereby certify that the above statement is correct.
Dated at this day of , 19 .
Poll Clerk
Deputy Returning Officer
(Scrutineers may also sign); and
(c) open the ballot box and count the number of the ballot papers therein, and record the result.
The deputy returning officer and the poll clerk and such of the candidates and their scrutineers who may desire to do so, shall sign their names to the certificate set out in clause (1)(b).
Disposal of ballots not initialled
The deputy returning officer shall endorse with the words "not initialled" any ballot paper that does not have his initials, or the initials of a person acting on his behalf under section 61, on the back thereof, and any such ballots shall be counted with the other ballots as provided in subsection (10), but, immediately upon the conclusion of the count, the deputy returning officer shall
(a) count the number of such ballots; and
(b) place them in an envelope provided for the purpose marked "Ballots Not Initialled", seal up the envelope, and endorse thereon the number of ballots not initialled therein.
Ballots to be rejected in the count
Subject to subsections (7), (8) and (10) in making the count, the deputy returning officer shall reject any ballot paper that
(a) has not been supplied by him; or
(b) has not the symbol X marked thereon; or
(c) has the symbol X set opposite the name of more candidates than are to be elected; or
(d) has the symbol X and some other figure set opposite the name of the same candidate; or
(e) does not show for which candidate the vote is given; or
(f) has any mark or writing made by the voter by which he may afterwards be identified.
Objections to be noted in poll book
The deputy returning officer shall make a note in the poll book of every objection taken to a ballot paper by a scrutineer or candidate, and shall decide any question arising out of the objection; but the decision of the deputy returning officer may be reversed or modified by the returning officer, whose decision is final, subject only to reversal on a recount or on a petition questioning the election or return.
Each objection noted in the poll book shall be numbered and a corresponding number placed on the back of the ballot paper and initialled by the deputy returning officer.
Subject to subsection (8), a ballot paper is not invalid merely because the voter, without any apparent intention of identification, has marked his vote out of, or partly out of, its proper space if the mark clearly indicates the candidate for whom he evidently intended to vote, or has marked his ballot with a form of cross other than an X, or the figure 1, or V, or -, or O, or other mark clearly indicating an intent to vote for the candidate opposite whose name the mark is placed.
A ballot paper shall not be rejected merely because the voter, without apparent intention of identification, has marked his vote with a writing instrument other than the pencil provided in the compartment.
Endorsement of rejected and objected to ballots
The deputy returning officer shall endorse
(a) "rejected" on any ballot paper that he rejects as invalid;
(b) "rejection objected to" on any ballot paper when an objection is made to his decision to reject it; and
(c) "objected to but counted" on any ballot paper objected to but counted by him;
and he shall place the ballot papers in separate envelopes provided according to whether they are endorsed "rejected", "rejection objected to", or "objected to but counted", and shall seal up the envelopes and record the number of ballot papers in each, and, in particular, shall keep a careful account of the ballot papers that are endorsed "objected to but counted".
The deputy returning officer shall then count the number of votes given for each candidate on the ballot papers by the placing thereon, opposite to the name of the candidate, of the symbol X or such other symbol as, under subsection (7), may lawfully be used, and shall credit each candidate with one vote in respect of each vote given for him on an unrejected and unobjected to ballot, and on each ballot objected to but counted.
The deputy returning officer shall make out a statement in triplicate in Form 16, showing the number of votes given for each candidate and such other particulars as are indicated in the form; and the statement shall forthwith be signed by him and the poll clerk, and such of the scrutineers of the candidates as may be present and desire to sign it.
One copy of the statement shall be attached to the poll book, another shall be retained by him, and the third shall be enclosed by him in a separate envelope supplied for the purpose, and handed to the returning officer.
After making the statement mentioned in subsection (11), the deputy returning officer shall deliver to the candidates present or to the scrutineers present, a certificate in Form 17.
Duties of deputy returning officer after votes are counted
On the completion of the counting of the votes, each deputy returning officer shall, in the presence of the persons authorized to attend, make up into separate packets
(a) the statement of poll in Form 16;
(b) the used ballot papers that have not been objected to and have been counted;
(c) the ballot papers that have been objected to, but that have been counted by him;
(d) the rejected ballot papers not objected to;
(e) the rejected ballot papers objected to;
(f) the spoiled and declined ballot papers;
(g) the unused ballot papers;
(h) the poll book with the affidavit of the deputy returning officer therein duly taken in Form 18;
(i) the list of electors used at the polling;
(j) the affidavits of electors made before the deputy returning officer;
(k) a statement of the number of electors who complete Form 10 and Form 15, and the notes taken of any objection to a ballot paper found in the ballot box;
(l) all other documents that were completed, prepared, or used at the election.
Certificate respecting poll book
Before returning the poll book to the returning officer, the deputy returning officer shall complete and sign a certificate in Form 18.
The certificate of the deputy returning officer shall be annexed to the poll book.
The deputy returning officer shall seal each of the packets mentioned in subsection (1) with his own seal; and such scrutineers of the candidates as desire to affix their seals may do so.
Statement of contents of packets
The deputy returning officer shall mark on the outside of each of the packets a short statement of the contents thereof, the date of the election, his name, the name of the local authority, and the number of the polling subdivision.
S.M. 1991-92, c. 13, s. 14.
The deputy returning officer shall forthwith place the packets, except the packet that contains the poll book, in, and lock and seal, the ballot box; and, subject to subsection (2), as soon as possible thereafter he shall personally deliver the ballot box and the key thereof, together with the statement in Form 16, and the poll book, to the returning officer.
Delivery of ballot box by messenger
Where, owing to illness or other imperative cause, the deputy returning officer is unable personally to deliver the ballot box and key, the statement in Form 16 and the poll book, to the returning officer, he shall deliver them to the poll clerk or, if there is no poll clerk or the poll clerk is unable to act, the deputy returning officer shall deliver them to a reliable messenger; and he shall write on the ballot box, or on a ticket attached thereto; the name of the person to whom they have been delivered, and shall take a receipt therefor in Form 19.
The poll clerk or other reliable messenger chosen shall, without delay, deliver the ballot box, the key, statement in Form 16 and the poll book to the returning officer, and forthwith thereafter shall make and deliver or mail to the returning officer an affidavit in Form 20.
S.M. 1991-92, c. 13, s. 15.
Settlement of disputes as to statements
Where the deputy returning officer and any one or more of the scrutineers of the candidates present at the counting of the ballot
papers are unable to agree as to the statement of the poll, the returning officer shall break open the packets of ballot papers in the presence of the deputy returning officer and such of the candidates or of their scrutineers as are present, on the day succeeding the polling day, at an hour and place to be appointed and of which they have been notified by the returning officer.
Returning officer to determine disputes
The returning officer, after examining the ballot papers, shall finally determine the matter in dispute, and sign the statement of the poll; and he shall forthwith, in the presence of the deputy returning officer and such of the candidates or their scrutineers as are then present, securely seal up the ballot papers that have been examined by him in their several packets and the ballot box, as they were before being opened.
Returning officer to cast up votes and declare who is elected
Subject to section 100, the returning officer, after he has received the ballot papers and the statement of the votes given for each candidate at each polling place, shall, without opening the sealed packets of ballot papers, cast up the number of votes for each candidate from the statements furnished to him as required under section 97; and subject to subsection (6), he shall, at the offices of the local authority or some other public place in the local authority, at noon of the day following the return of the ballot papers, publicly declare to be elected the candidate or candidates having the greatest number of votes, beginning with that candidate who has the greatest number of votes and continuing until the number of persons to be elected has been elected; and he shall also put up in some conspicuous place a statement under his hand showing the number of votes given for each candidate.
Casting up votes where polling interrupted
When a poll has been duly held after being interrupted, in each of the polling subdivisions in which it is not held in whole or part at the time at first fixed therefor, and the statement of the poll has been returned to the returning officer, he shall cast up therefrom the number of votes given for each candidate together with the votes appearing, by the statement of the poll previously returned for other polling subdivisions, to be given for each of the candidates.
Where it appears that two or more candidates have an equal number of votes, the returning officer shall, at the time he declares the result of the poll, state that two or more candidates, naming them, have an equal number of votes.
Equality of votes at top of poll
Where it appears that each of two or more candidates has an equal number of votes, and there are no other candidates having a number of votes as great as the number of votes cast for each of the candidates having such an equality of votes, the returning officer shall declare each of the candidates having such an equality of votes to be elected, if, in the result, the number of persons so elected will not be greater than the number of persons to be elected.
Equality of votes in other cases
Where it appears that each of two or more candidates has an equal number of votes, if
(a) the number of candidates having a number of votes greater than the number of votes cast for each of the candidates having such an equality of votes;
(b) together with the number of candidates having such an equality of votes;
is not greater in total than the number of persons to be elected, the returning officer shall declare each of the candidates having such an equality of votes to be elected.
Where
(a) it appears that each of two or more candidates has an equal number of votes; and
(b) for any reason, the returning officer, on complying with subsections (1) to (5) cannot declare to be elected the full number of persons to be elected without it first being determined whether any one or more of the persons apparently having such an equality of votes actually has received more votes than the other or others of those persons;
the returning officer shall, on behalf of, and at the cost of, the local authority, apply, within seven days from the making of the declaration under subsection (1), to a judge of the Court of Queen's Bench for a recount of the ballots as herein provided.
At any time before five o'clock in the afternoon on the day following the election, any elector of the authority may, in the presence of the returning officer, inspect the poll book for any polling subdivision and the statement of votes given made by the deputy returning officer.
Ballot boxes and contents delivered to clerk
On the second day following the election, the returning officer, if he is not the clerk of the authority, shall deliver over to the clerk the poll books, the ballot boxes and contents and other documents.
In this section, the expression "it appears" means that it appears upon the casting up of votes as provided in subsection (1).
S.M. 1991-92, c. 13, s. 16.
RECOUNT OF VOTES
Where
(a) a returning officer makes an application under subsection 101(6); or
(b) it is made to appear by the affidavit of a credible person filed in the Court of Queen's Bench at any time within 14 days after the date of the election that any ballot papers may have been improperly counted or rejected;
a judge of the Court of Queen's Bench shall appoint a time when, and a place where, he will proceed to recount the ballots and he shall give notice thereof in writing to the clerk of the local authority, the returning officer, to the candidates and, where an affidavit has been filed under clause (b), to the person filing the affidavit.
In recounting the ballots the judge shall, subject to subsection (3), follow the provisions which a returning officer is required to observe under subsections 101(4) and 101(5).
Certifying of result and declaration of election
Upon the completion of the recount, or as soon as he has ascertained the result of the poll, the judge shall seal up all the ballot papers in separate packets, and unless he orders a new election shall forthwith certify the result to the returning officer, who shall then declare to be elected the candidate or candidates having the highest number of votes.
Where, upon completing the recount,
(a) the judge finds that each of two or more candidates has received an equal number of votes; and
(b) he cannot, therefor, finally determine the result of the election by declaring to be elected the number of persons, or the remaining number of persons, required to be elected;
he shall require a new election to be held.
Where, under this section, the judge orders a new election to be held, he shall fix the date upon which it shall be held.
The judge may make such recommendations as he deems necessary or advisable for the proper conduct of any such new election.
At the time of the application for a recount, the applicant shall deposit with the registrar of the Court of Queen's Bench the sum of $25. as security for the payment of costs, charges, and expenses, that may become payable by the applicant; and the sum shall not be paid out without the order of the judge.
Deposit required on recount of tie vote
Where the application for a recount is made by the returning officer under section 101, the authority shall deposit with the registrar of the Court of Queen's Bench such amount as the judge requires as security for the payment of the costs, charges, and expenses that may become payable by reason of the application.
The judge, the registrar, the returning officer, and each candidate and his scrutineer appointed to attend the recount of votes, and no other person, except with the sanction of the judge, are entitled to be present at the recount; and the clerk shall then and there produce the ballot boxes.
At the time and place appointed, the judge shall proceed to recount all the ballot papers received by the clerk of the local authority, and shall, in the presence of such of the parties as attend, open the sealed packets containing
(a) the used ballot papers that have not been objected to and have been counted;
(b) the ballot papers that have been objected to but that have been counted;
(c) the rejected ballots;
(d) the spoiled ballots; and
(e) the unused ballot papers.
In recounting the votes care shall be taken that the name or names of the candidate or candidates for whom any particular elector has voted is or are not disclosed.
Recount to be a continuous proceeding
The judge shall, as far as practicable, proceed continuously with the recount of the votes, allowing only time for refreshment, excluding only Sundays and on other days, except as he and the parties present may otherwise agree, the hours between six o'clock in the evening and nine o'clock on the succeeding morning.
Disposition of ballots during recess
During the excluded time the judge shall place the ballot papers and other documents relating to the election under his own seal, and the seals of such other of the persons entitled to be present as desire to affix their seals; and he shall otherwise take precautions for the security of the papers and documents.
The judge shall proceed to recount the votes as follows:
(a) he shall examine the ballot papers;
(b) any ballot paper on which votes are given for more candidates than are to be elected, or on which anything is written or marked by which the voter can be identified, is void and shall not be counted; but no word or mark written or made, or omitted to be written or made, by the deputy returning officer on a ballot paper, voids the ballot paper;
(c) the judge shall take a note of any objection made by a candidate or by his scrutineer to any ballot paper found in the ballot box, and shall decide any question arising out of the objection; and his decision is final;
(d) the judge shall then count up the votes given for each candidate upon the ballot papers not rejected by him, and make up a written statement, in words as well as in figures, giving the following information:
(i) name of local authority,
(ii) names of candidates,
(iii) number of votes for each candidate,
(iv) ballot papers lacking the initials of the deputy returning officer,
(v) ballot papers rejected because marked for more candidates than are to be elected,
(vi) ballot papers rejected for having a writing or mark by which voter can be identified,
(vii) ballot papers rejected because unmarked or void for uncertainty.
Death or disqualification of voter
The judge may also take evidence
(a) as to the death or disqualification, prior to the day of voting, of any person whose name appeared on the list of electors and who otherwise would have been an elector, or in a case to which Division II of Part IV applies, a resident elector and entitled to vote; and
(b) as to any person whose name appeared on the list of electors for more than one polling subdivision.
Where the judge finds
(a) that ballots have been cast by persons purporting to be persons who have died, or have been disqualified, or persons whose names have been repeated, as mentioned in subsection (2); and
(b) that the number of invalid ballots so cast might, in his opinion, have affected the result of the election;
he shall order a new vote to be taken.
COSTS
All costs, charges, and expenses of, and incidental to, an application for a recount and the proceedings consequent thereon, shall be defrayed by the parties to the application in such manner, and in such proportion, as the judge determines; and if, in his opinion, any costs, charges, or expenses have been needlessly caused, or caused by vexatious conduct or unfounded allegations or objections on the part of either the applicant or the respondent, he may order the costs, charges, or expenses to be defrayed by the party by whom they have been caused, whether that party is or is not on the whole successful.
The costs shall be taxed by the judge on the Court of Queen's Bench scale.
An order for the payment of costs may be enforced by execution issued out of the Court of Queen's Bench, upon filing therein the order and an affidavit of non-payment of costs.
DISPOSITION OF BALLOTS
The clerk shall retain all ballot papers and other contents of ballot boxes and any other documents delivered under subsection 101(8) by the returning officer for one year; and then
(a) unless he has received a notice of a recount as provided in subsection 102(1); or
(b) unless he is otherwise directed by an order of a court having jurisdiction served on him within 30 days of the day on which the election was held;
he shall cause them to be destroyed in the presence of two witnesses, who shall jointly make a statutory declaration that they have witnessed the destruction of the papers; and the declaration shall be filed by the clerk amongst the records of the local authority.
Ballot papers inspected by order of the court
No person shall be allowed to inspect any ballot papers in the custody of the clerk except upon the order of the Court of Queen's Bench; but the court, on being satisfied by evidence on oath that the inspection or production of the ballot papers is required for the purpose of prosecuting an election petition or offence in relation to ballot papers, may make an order for the production or inspection.
Order may be subject to conditions
The order may be made subject to such conditions as to persons, time, place, and mode of opening or inspection, as the court thinks expedient.
Production of documents and endorsements evidence
Where an order is made for the production by the clerk of any document in his possession relating to a specified election, the production of the document by the clerk in such manner as is directed by the order is admissible in evidence as conclusive proof that the document relates to the specified election; and any endorsement appearing on any packet of ballot papers produced by the clerk is evidence of those papers being what they are stated by the endorsement to be.
No person shall,
(a) without due authority, supply any ballot paper to any person; or
(b) fraudulently deposit, or cause to be deposited, in any ballot box any paper other than the ballot paper that he is authorized by law to deposit or cause to be deposited therein; or
(c) fraudulently take out of the polling place any ballot paper; or
(d) receive the vote of a person who refuses, when lawfully required to do so, to swear or affirm the affidavit of an elector in Form 13; or
(e) without due authority, destroy, take, open, or otherwise injure, obstruct, or interfere with, any ballot box or packet of ballot papers, or other election material then in use for the purposes of the election.
No person shall attempt to do anything the doing of which is prohibited under subsection (1).
A person who contravenes, violates, or disobeys or refuses, neglects, fails, or omits to observe, obey, or comply with any provision of this section is guilty of an election offence.
PART II
ELECTIONS BY PROPORTIONAL REPRESENTATION SYSTEM OR ALTERNATIVE VOTING SYSTEM
Procedure under proportional representation or alternative voting
Where, by law, elections in a local authority are required to be held under the system of proportional representation or alternative voting, the elections shall be conducted as provided in this Part.
Divisions of Part I applicable
Save as otherwise provided in this Part, Divisions I, II and III of Part I apply to elections held on the principles of proportional representation or alternative voting as provided in this Part.
PROCEEDINGS AT ELECTION
In the case of an election in a municipality, there shall be separate ballot papers for the election of the mayor or reeve and of the aldermen and councillors respectively.
Each elector shall have as many choices as there are candidates.
The choices may be transferable among the candidates as indicated by the elector on the ballot paper in the manner herein provided.
An elector in giving his vote
(a) shall place on his ballot paper the figure "1" in the space containing the name of the candidate of his first choice; and
(b) may, in addition, if he wishes to express a second, third or other choice, place on his ballot paper the figure "2" in the space containing the name of his second choice, the figure "3" in the space containing the name of his third choice, and so on in the order of his preferences;
and, as provided in section 117, may thus express as many choices as there are candidates.
The form of the ballot paper shall be as set out in Form 21 (Third Paper).
Direction for guidance of electors
The directions for the guidance of the elector in marking his ballot shall be as set out in Form 11.
A ballot paper in which
(a) the figure "1" is not marked; or
(b) the figure "1" is set in more than one space containing the name of a candidate; or
(c) the figure "1" and some other figure or mark is set in a space containing the name of a candidate; or
(d) any mark or writing is made by the elector by which he may afterwards be identified;
is invalid.
A ballot paper is not invalid merely because the elector, without any apparent intention of identification, marks his ballot
(a) out of or partly out of its proper space, if the mark clearly indicates the candidate for whom he evidently intended to record his preference; or
(b) with an "X" or other mark clearly indicating an intent to vote for one only of the candidates; or
(c) with a writing instrument other than the pencil provided in the voting compartment.
COUNTING BALLOT PAPERS
The returning officer shall, before the close of the poll, arrange for the provision of quarters reasonably sufficient for the counting of the ballot papers received by him from the deputy returning officers.
For the purpose of counting ballots the returning officer may appoint, and fix the remuneration of, a board of three supervisors and a staff of sorters, all of whom shall be under the supervision of the returning officer.
Persons entitled to be present
No person shall be allowed in the room where the counting of ballots is taking place, except
(a) the returning officer;
(b) the deputy returning officers in the discharge of their duties;
(c) supervisors and sorters; and
(d) the respective candidates, or, in the absence of any candidate, one of his scrutineers duly appointed for the purpose.
The ballot papers shall be counted in accordance with the following rules:
RULES FOR COUNTING BALLOTS AND PROCEEDINGS AFTER CLOSE OF THE POLL
In these rules,
"ballot paper", "ballot" or "paper" means a ballot paper in Form 21 (Third Paper); (« bulletin de vote »)
"continuing candidate" means any candidate not elected and not excluded from the poll; (« candidat en lice »)
"exhausted ballot paper" means a ballot paper in any case in which
(a) the names of two or more candidates (whether continuing or not) are marked with the same figure and are next in order of preference, or
(b) the name of the candidate next in order of preference (whether continuing or not) is marked
(i) by a figure not following consecutively after some other figure on the ballot paper, or
(ii) by two or more figures. (« bulletin de vote épuisé »)
"first preference" means the figure "1"; the expression "second preference" means the figure "2"; and the expression "third preference" means the figure "3", set in each case, in the space containing the name of any candidate, and so on; (« choix »)
"original vote", with respect to any candidate, means a vote derived from a ballot paper on which a first preference is recorded for that candidate; (« suffrage original »)
"surplus" means the number of votes by which the total number of votes, original and transferred, credited to any candidate exceeds the quota; (« excédent »)
"transferable paper" means a ballot paper on which a second or subsequent preference is recorded for a continuing candidate; (« bulletin de vote transférable »)
"transferred vote", with respect to any candidate, means a vote derived from a ballot paper on which a second or subsequent preference is recorded for that candidate; (« suffrage transféré »)
Where the returning officer is directed to do any act or take any proceeding, unless the direction is to the returning officer in his personal capacity, the act may be done, or proceeding taken, by the supervisors or sorters, if it is done or taken under the supervision of the returning officer.
Immediately after the close of the poll the deputy returning officer shall, in the presence of the poll clerk and of such of the candidates or their scrutineers as are then lawfully present, open the ballot box and count the number of the ballot papers therein; and the result shall be recorded.
Where there are more ballots in the box than there should be according to the poll book, any ballot paper that has not on its back the initials of the deputy returning officer, or that is otherwise invalid under this Part, shall be set aside.
The deputy returning officer shall then decide any question arising out of any objection made by the candidate or his scrutineer, or by any elector present, to any ballot paper; but the decision of the deputy returning officer may be reversed or modified by the returning officer, whose decision is final, subject only to reversal on a recount or on a petition questioning the election or return.
The deputy returning officer shall endorse
(a) "rejected" on any ballot paper that he rejects as invalid;
(b) "rejection objected to" on any ballot paper when an objection is made to his decision to reject it; and
(c) "objected to but counted" on any ballot paper objected to but counted by him;
and he shall place the ballot papers in separate envelopes provided according to whether they are endorsed "rejected", "rejection objected to", or "objected to but counted"; and he shall seal up the envelopes and record the number of ballot papers in each, and, in particular, shall keep a careful account of the ballot papers that are endorsed "objected to but counted".
All the valid ballot papers remaining shall be examined and arranged in parcels according to the names of each candidate marked with the figure "1".
The deputy returning officer shall then count the numbers of ballot papers in each parcel of valid ballot papers and credit such candidate with one vote in respect of each valid ballot on which a first preference has been recorded for him.
After the number of votes recorded for each candidate as a first preference has been ascertained, the result may be announced to the public.
The deputy returning officer shall thereupon make up a written statement in words as well as in figures of the number of first preference votes given for each candidate and of the number of ballot papers rejected and not counted by him, which statement shall be made under the several heads following:
(a) number of polling subdivision, name of local authority, and date of election;
(b) number of first preference votes for each candidate;
(c) number of ballot papers rejected;
(d) number of ballot papers spoiled, declined, and taken from poll;
(e) number of unused ballot papers;
(f) number of ballot papers received from the returning officer.
Upon the completion of the written statement, in duplicate, it shall forthwith be signed by the deputy returning officer and such of the candidates or their scrutineers as are present and desire to sign it; and the deputy returning officer shall furnish to any candidate or his scrutineer, requesting it, a copy of the statement certified by him.
One of the statements shall be placed in the ballot box and the other shall be enclosed in an envelope and given or transmitted to the returning officer.
The deputy returning officer shall then proceed to replace the respective parcels, properly bound, the parcel of rejected ballots and all statements required by this Part to be so placed, in the ballot box for delivery to the returning officer and then processed as directed in Division III of Part I.
The returning officer shall cause the ballot boxes to be opened as they are delivered to him by the deputy returning officers; and he shall record, or cause to be recorded, the total returns of first preference votes made by the deputy returning officers.
Those records and the respective parcels of ballot papers shall then be checked by the supervisors, who shall then deliver the parcels of ballot papers to the sorters to be sorted under the names of the respective candidates according to the first preference recorded for each, and the total number of valid ballots given in the entire local authority or ward, as the case may be, ascertained.
The supervisors shall have charge of, and are responsible for, the work of the sorters.
The supervisors shall then divide the total number of valid papers polled in the whole local authority or ward, as the case may be, by a number exceeding by one the number of members to be elected, and the result increased by one, disregarding any fractional remainder, (hereinafter called "the quota") is the number of votes sufficient to secure the election of a candidate.
Where, at any time, the number of votes credited to a candidate is equal to or greater than the quota, that candidate shall be declared elected by the returning officer.
Rule 8 (This Rule is subject to Rule 7) —
Where, at any time, the number of votes credited to a candidate is greater than the quota, the surplus shall be transferred, in accordance with this regulation, to the continuing candidates indicated on the ballot papers in the parcel of the elected candidate as being next in order of the electors' preference.
Where the votes credited to an elected candidate consist of original votes only, the supervisor shall examine all the papers in the parcel of the elected candidate whose surplus is to be transferred and shall arrange the transferable papers in sub-parcels according to the next preference recorded thereon.
Where the votes credited to an elected candidate consist of original and transferred votes, or of transferred votes only, the supervisors shall examine the papers contained in the sub-parcel last received by the elected candidate and shall arrange the transferable papers therein in further sub-parcels according to the next preference recorded therein.
In either of the cases mentioned in sub-rules (2) and (3) of this rule, the supervisors shall make a separate sub-parcel of the exhausted ballot papers and shall ascertain the number of papers in each sub-parcel of non-transferable papers.
Where the total number of papers in the sub-parcel of transferable papers is equal to or less than the surplus, the supervisors shall transfer each sub-parcel of transferable papers to the continuing candidate indicated thereon as the electors' next preference.
Where the total number of transferable papers is greater than the surplus, the supervisor shall transfer from each sub-parcel the number of papers that bears the same proportion to the number of papers in the sub-parcel as the surplus bears to the transferable papers.
The number of papers to be transferred from each sub-parcel shall be ascertained by multiplying the number of papers in the sub-parcel by the surplus and dividing the result by the total number of transferable papers; and a note shall be made of the fractional parts, if any, of each number so ascertained.
Where, owing to existence of such fractional parts, the number of papers to be transferred is less than the surplus, so many of these fractional parts taken in the order of their magnitude, beginning with the largest, as are necessary to make the total number of papers to be transferred equal to the surplus shall be reckoned as of the value of unity, and the remaining fractional parts shall be ignored.
The particular papers to be transferred from each sub-parcel shall be those last filed in the sub-parcel.
Each paper so transferred shall be clearly marked with the number of a count at which the transfer took place.
Subject to sub-rule (14) of this rule, the surplus arising on the completion of any count shall be transferred before a surplus that may arise at a subsequent count.
Where more than one candidate has a surplus, the largest surplus shall first be dealt with.
Where two or more candidates have each an equal surplus on the same count, regard shall be had to the number of original votes obtained by each candidate; and the surplus of the candidates with the largest number of original votes shall be first dealt with, and if the numbers of the original votes are equal, the supervisors shall decide which surplus they will first deal with.
The supervisors need not transfer the surplus of an elected candidate when that surplus, together with any other surplus not transferred, is less than the difference between the totals of the votes credited to the two continuing candidates lowest in the poll.
Where, at any time, no candidate has a surplus (or when under rule 8 any existing surplus need not be transferred), and one or more vacancies remain unfilled, the supervisors shall exclude from the poll the candidate credited with the lowest number of votes and shall examine all the papers of that candidate and shall arrange the transferable papers in sub-parcels according to the next preferences recorded thereon for continuing candidates and shall transfer each sub-parcel to the candidate for whom that preference is recorded.
Where the total of the votes of the two or more candidates lowest in the poll, together with any surplus vote not transferred, is less than the vote credited to the next highest candidate, the supervisors may, on one operation, exclude those candidates from the poll and transfer their votes according to sub-rule (1) of this rule.
Where, if a candidate has to be excluded under this rule, two or more candidates have each the same number of votes and are lowest on the poll, regard shall be had to the number of original votes credited to each of those candidates, and the candidate with the fewest original votes shall be excluded; and where the numbers of the original votes are equal, regard shall be had to the total number of votes credited to those candidates at the first transfer at which they had an unequal number of votes and the candidate with the lowest number of votes at that transfer shall be excluded; and where the number of votes credited to those candidates were equal at all transfers the supervisors shall decide which shall be excluded.
Where any transfer is made under any of rules 1 to 9, each sub-parcel of papers transferred shall be added to the parcel, if any, of the papers of the candidate to whom the transfer is made, and that candidate shall be credited with one vote in respect of each paper transferred.
Such papers as are not transferred shall be set aside as finally dealt with; and the votes given thereon shall henceforth not be taken into account.
Where, after any transfer, a candidate has a surplus, that surplus shall be dealt with in accordance with, and subject to, rule 8 before any other candidate is excluded.
When the number of continuing candidates is reduced to the number of vacancies unfilled the continuing candidates shall be declared elected by the returning officer.
When only one vacancy remains unfilled and the votes of one continuing candidate exceed the total of all votes of the other continuing candidates, together with any surplus not transferred, that candidate shall be declared elected by the returning officer.
When the last vacancies can be filled under this regulation no further transfer of votes need be made.
The supervisors shall deliver to the returning officer, who shall record and give public notice of, a summary of any transfer of votes made under these rules, and of the total number of votes credited to each candidate after any such transfer.
Any candidate or his scrutineer may, at any time during the counting of the votes, either before the commencement or after the completion of any transfer of votes (whether surplus or otherwise), request the returning officer to re-examine and recount the papers of all or any candidates (not being papers set aside at any previous transfer as finally dealt with), and the supervisors, under the inspection of the returning officer, shall forthwith re-examine and recount them accordingly.
The supervisors may also, at their discretion, recount votes either once or more often in any case in which they are not satisfied as to the accuracy of any previous count; but nothing herein makes it obligatory on the supervisors to recount the same votes more than once.
Where upon an election petition
(a) any ballot papers counted by the supervisors are rejected as invalid; or
(b) any ballot papers rejected by the returning officer or the deputy returning officer are declared valid;
the court may direct the whole or any part of the ballot papers to be recounted and the result of the election ascertained in accordance with these rules.
On any recount, subject to such modifications as are necessary by reason of any error in the original count, each paper shall take the same course as at the original count.
Where any question arises in relation to any transfer of votes, the decision of the supervisors, or of the returning officer on their advice, whether expressed or implied by their or his acts, is final unless an objection is made by any candidate or his scrutineer before the declaration of the poll, and in that event the decision may be reversed upon an election petition.
Where any such decision is so reversed the transfer in question and all operation subsequent thereto are void, and the court shall direct what transfer is to be made in place of the transfer in question and shall cause the subsequent operations to be carried out and the result of the election to be ascertained in accordance with these rules.
PART III
ELECTION OFFENCES AND CONTROVERTED ELECTIONS
DIVISION I
ELECTION OFFENCES BRIBERY AT ELECTIONS
Any person who
(a) directly or indirectly, himself or by any other person on his behalf, gives, lends, or agrees to give or lend, or offers or promises, any money or valuable consideration, or promises to procure or to endeavour to procure any money or valuable consideration, to or for an elector, or to or for a person on behalf of an elector, or to or for a person in order to induce an elector to vote or refrain from voting, or unlawfully does any such act on account of an elector having voted or refrained from voting at an election; or
(b) directly or indirectly, himself or by any other person on his behalf, gives or procures, or agrees to give or procure, or offers or promises, any office, place, or employment, or procures or endeavours to procure, any office, place, or employment, to or for an elector, or to or for any other person in order to induce an elector to vote or refrain from voting, or unlawfully does any such act on account of an elector having voted or refrained from voting at an election; or
(c) directly or indirectly, himself or by any other person on his behalf, makes a gift, loan, offer, promise, procurement, or agreement, as aforesaid, to or for any person in order to induce that person to procure or endeavour to procure the return of any person to serve in a council or the vote of an elector at an election; or
(d) upon or in consequence of any such gift, loan, offer, promise, procurement, or agreement, procures or engages or promises or endeavours to procure, the return of any person to serve in a council or the vote of any elector at an election; or
(e) advances or pays, or causes to be advanced or paid, money to or for the use of any other person with the intent that the money or any part thereof shall be expended in committing an election offence at an election, or knowingly pays, or causes to be paid, money to any person in discharge or repayment of money wholly or in part expended in committing an election offence at an election; or
(f) directly or indirectly, himself or by any other person on his behalf, on account of, and as payment for, voting or for his having voted, or for illegally agreeing or having agreed to vote, for a candidate or for or against a by-law at an election or on account of, and as payment for, his having illegally assisted or agreed to assist any candidate or promote a favourable or an unfavourable vote in respect of a by-law, at an election, applies to that candidate or his agent or any other person for the gift or loan of any money or valuable consideration, or for the promise of the gift or loan of any money, or valuable consideration, or for any office, place, or employment, or for the promise of any office, place, or employment; or
(g) before or during an election, directly or indirectly, himself or by any other person on his behalf, receives, agrees or contracts for, any money, gift, loan, or valuable consideration, office, place, or employment, for himself or any other person, for voting or agreeing to refrain from voting at an election; or
(h) after an election, directly or indirectly, himself or by any other person on his behalf, receives any office, place, employment, money, or valuable consideration, for having voted or refrained from voting or for having induced any other person to vote or refrain from voting at an election; or
(i) in order to induce a person to allow himself to be nominated as a candidate or refrain from becoming a candidate or to withdraw if he has become a candidate, gives or procures any office, place, or employment, or pays, or procures to be paid, any money or valuable consideration, or agrees to give or procure, or offers or promises to procure, or endeavours to procure, any office, place, or employment, or agrees to pay, or to procure to be paid, or endeavours to procure to be paid, any money or valuable consideration for such a person or for any other person; or
(j) in consideration of any gift, loan, offer, promise, or agreement, as mentioned in clause (i), allows himself to be nominated, or refuses to allow himself to be nominated, as a candidate at an election, or withdraws if he has been so nominated;
is guilty of the election offence of bribery, and is liable, on summary conviction, if a resident of the province, to a fine of not more than $200. or less than $100., and to imprisonment for six months in default of payment of the penalty, and, if not such a resident, to a fine of not more than $200. or less than $100., and to imprisonment for not less than one month and not more than six months, with further imprisonment for an additional term of six months if the penalty is not sooner paid.
Every person who aids, abets, incites, counsels, or facilitates the commission by any person of any of the acts mentioned in section 128 is guilty of an election offence and is liable, on summary conviction, to the penalties for which provision is made in that section.
Additional penalty for bribery
In addition to any of the fines, forfeitures, and penalties, provided for the punishment of bribery in and by this Act, any person guilty of the offence of bribery, may be adjudged and condemned to pay an additional fine equal to double the amount of the money, gift, loan, or valuable consideration, forming the subject of the offence of which he may have been found guilty.
Saving personal expenses of candidates
The actual personal expenses of a candidate, his reasonable expenses for actual professional services performed, and bona fide payments for the fair cost of printing and advertising and other lawful and reasonable expenses in connection with the election, incurred by the candidate or any agent in good faith, and without unlawful intent, shall be deemed to be expenses lawfully incurred; and payment thereof is not a contravention of this Act.
Distributing pamphlets permitted
The distribution by a candidate or his agent of political pamphlets or other political literature, or the sending or causing to be sent to electors by a candidate or his agent of newspapers containing political articles, reports of political meetings, or other matters of public interest, are not illegal acts or a contravention of this Act.
POLITICAL ACTIVITIES ON VOTING DAYS
No distribution of paper near poll
A person, except an election officer acting under this Act, who distributes within a building or within 50 meters of the entrance to a building in which there is a polling place for voting at an election, a circular, card or other paper that refers to the election, on a day on which voting is permitted at the polling place, is guilty of an offence.
Removal of signs before voting day
A person, except an election officer acting under this Act, who posts or authorizes the posting of a sign, poster or placard that refers to an election, within a building or within 50 metres of the entrance to a building in which there is a polling place, and who fails to remove it before the day on which voting is permitted at the polling place, is guilty of an offence.
Candidate or agent to remove sign
Where a sign, poster or placard remains posted in contravention of subsection (2), the returning officer of the authority in which it is posted, or the deputy returning officer for the poll, may order a candidate, or the official agent of a candidate, who is named, indicated, depicted or supported by it, or a candidate who is endorsed by a political party that is named, indicated or supported by it, to remove it immediately, and if it is not removed within a reasonable time, the candidate and the official agent are guilty of an offence.
S.M. 1991-92, c. 13, s. 17.
Partisan materials on election day
Subject to subsection (2), on a polling day in an authority, no person shall wear, display or carry, or furnish to another person for the purpose of wearing, displaying or carrying, within the authority, anything to distinguish the person as the partisan of a candidate, or of a political party endorsing a candidate, in the election.
A scrutineer of a candidate may wear a badge or ribbon that indicates by colour the candidate for whom the person is a scrutineer, but does not show the name, initials, or an abbreviation of the name of, or insignia used by, a political party or candidate.
S.M. 1991-92, c. 13, s. 17.
TREATING AT ELECTIONS
Payment of cost of refreshment an offence
Any person
(a) who, by himself or by any other person, either before, during, or after an election, directly or indirectly, gives or provides, or causes to be given or provided, or is accessory to the giving or providing, or pays or engages to pay, wholly or in part, the expense of giving or providing any meat, drink, refreshment, or provision, or any money or ticket or other means or device to enable the procuring of any meat, drink, refreshment, or provision, to or for any person for the purpose of corruptly influencing that person or any other person to give or refrain from giving his vote at the election, or on account of that person or any other person having voted or refrained from voting, or being about to vote or refrain from voting, at the election; or
(b) who corruptly accepts or takes any such meat, drink, refreshment, or provision, or any such money or ticket, or adopts such other means or device to enable the procuring of such meat, drink, refreshment, or provision;
is guilty of an election offence and is liable, on summary conviction, to a fine of not less than $100. and not more than $200., or to imprisonment for a term of not less than one month and not more than six months.
Subsection (1) does not apply
(a) to an agent of a candidate who, as an election expense; or
(b) to any person other than an agent of a candidate who, at his own expense;
provides food such as sandwiches, cakes, or cookies and drink such as tea, coffee, milk, or soft drinks, at a meeting of electors assembled for the purpose of promoting the election of a candidate during an election.
Treating voter on election day
Any person who gives or causes to be given to an elector on nomination day or on polling day, on account of the elector being about to vote or having voted, any meat, drink refreshment, or provision, or any money, ticket, or order, to enable him to procure it is guilty of an offence and is liable, on summary conviction, to a fine of $10.
Supplying refreshments at home
Nothing in this section extends
(a) to meat, drink, refreshment, or provision, furnished to an elector or a meeting of electors, by or at the expense of any person, at the usual place of residence of that person, if that residence is a private house; or
(b) to any person supplying reasonable and proper food and refreshment to the election officers at a poll or by a candidate to his scrutineers at a poll.
DONATIONS AND SUBSCRIPTIONS
Making of or solicitations of, donations
Subject to subsections (2) and (3), no candidate at an election shall, during the election, make or promise to make, directly or indirectly, a subscription or donation for any religious, charitable, philanthropic, or benevolent purpose, or to any corporation, association, society, or organization; and no person shall solicit any such subscription or donation from any such candidate during the period mentioned.
Nothing in this section prohibits a candidate from making a contribution, subscription, or donation
(a) to a church of which he is a member or adherent or which he attends regularly, or to any other religious or fraternal organization of which he is a member, at any time; or
(b) to a charitable, philanthropic, or benevolent corporation, association, society, or organization
(i) that is duly authorized within the meaning of The Charities Endorsement Act, and
(ii) that annually or periodically makes appeal for contributions, subscriptions, or donations,
at the time, or during the period in which, it is making such an annual or periodic appeal;
or prohibits any person from soliciting such a contribution, subscription, or donation from any candidate on behalf of any church, organization, corporation, association, or society, to which clause (a) or (b) applies, at any time when, or during any period in which, under this subsection, the candidate could make such a contribution, subscription, or donation without contravening subsection (1).
Nothing in this section prohibits a candidate from giving or paying an amount not exceeding $2. at a meeting, tea, or reception held for any purpose mentioned in subsection (1) or held by any corporation, association, society, or organization.
CONTRIBUTIONS
Contributions for political purposes
It is an election offence
(a) for any company or association having gain for its object or one of its objects, or for any person directly or indirectly on behalf of such a company or association, to contribute, loan, advance, pay, or promise or offer to pay, any money or other thing of value to any person, corporation, or organization, for use for any political purpose in an election; or
(b) for any person or corporation, or the officials in charge of any organization, to ask for or receive any such money or thing of value from such a company or association.
BETTING AT ELECTIONS
A candidate who, before or during an election, makes a bet or wager, or takes a share or interest in, or in any manner becomes a party to, a bet or wager, upon the result of the election, or upon any event or contingency relating to the election, is guilty of an election offence.
Provision by candidate of money to bet
A candidate or other person who provides money to be used by another in betting or wagering upon the result of an election, or upon any event or contingency relating to the election, is guilty of an election offence.
A person who, for the purpose of influencing an election makes a bet or wager upon the result thereof, or upon any event or contingency relating thereto, is guilty of an election offence.
CONVEYING ELECTORS
Hiring of conveyance to convey electors
A candidate who, himself or by any person on his behalf, and any other person who
(a) hires, or pays for, or promises to pay for, a conveyance to carry an elector to, or near, or from, or on the way to or from, a polling place; or
(b) pays the travelling or other expenses of an elector in going to or returning from a polling place;
and any person who, for a valuable consideration, provides or furnishes a conveyance knowing that it is to be used to carry an elector other than the hirer to, or near, or from, or on the way to or from, a polling place, is guilty of an offence, and is liable, on summary conviction, to a fine of $100.; but this subsection does not apply to the carrying of electors to the poll in the conveyance hired by a candidate for his personal use.
Supplying transportation by public conveyance to elector
Any person who provides or furnishes transportation by means of a public conveyance, free of charge or at a diminished rate, to an elector to, or near, or from, or on the way to or from, a polling place, whether passes or tickets or the like are or are not supplied, is guilty of an election offence, and is liable, on summary conviction, to a fine of $100.
UNDUE INFLUENCE AT ELECTIONS
Any person who, directly or indirectly, himself or by any person on his behalf, uses or threatens to use force, violence, or restraint, or inflicts or threatens to inflict injury, damage, harm, or loss, or in any manner practises intimidation upon or against an elector, in order to induce or compel him to vote or refrain from voting, or on account of his having voted or refrained from voting, or who by abduction, duress, or false or fraudulent pretence, device, or contrivance impedes, prevents, or otherwise interferes with the free exercise of the franchise of an elector, or thereby compels, induces, or prevails upon an elector to vote or refrain from voting, is guilty of an election offence, and is liable, on summary conviction, to a fine of $200. or to imprisonment for a term not exceeding one year.
False representation as to secret vote
It is a false pretence within the meaning of this section to represent to an elector directly or indirectly, that the ballot to be used or the mode of voting at an election is not secret.
PERSONATION
A person who
(a) at an election applies for a ballot paper in the name of another person, whether living or dead, or of a fictitious person; or
(b) having voted at an election applies at the same election for a ballot paper in his own name at the same or another polling subdivision; or
(c) votes more than once at the same election;
is guilty of the election offence of personation.
A person who commits, or who directly or indirectly aids, abets, counsels, or procures, the commission of the election offence of personation is guilty of an election offence, and is liable, on summary conviction, to a fine of $400., and shall also, on conviction, be imprisoned for a term not exceeding one year.
FALSE VOTING
A person who votes, knowing that he has no right to vote, or who induces or procures any other person to vote, knowing that that person has no right to vote, is guilty of an election offence, and is liable, on summary conviction, to a fine of not less than $50. or more than $200.
ILLEGAL APPOINTMENTS
Fraudulently acting as election officer
A person who
(a) procures an appointment as an election officer by false pretence, deceit, or other improper means; or
(b) acts as an election officer without lawful authority;
is guilty of an election offence, and is liable, on summary conviction, to a fine of $400., and shall also, on conviction, be imprisoned for a term not exceeding one year.
Appointment of convicted official
Any person who knowingly appoints as an election officer, a person who has at any time been found guilty by a judge or justice of an election offence, is guilty of an election offence, and is liable, on summary conviction, to a fine of $400.
PUBLISHING FALSE STATEMENTS
Publication of false statement
A person who, during an election, knowingly publishes a false statement of the withdrawal of a candidate at the election for the purpose of promoting or securing the election of another candidate, is guilty of an election offence, and is liable, on summary conviction, to a fine of not less than $50. and not more than $1,000.; but the election of a candidate is not avoided by reason of a contravention of this section unless committed by the candidate elected or by his agent.
A person who, during an election, for the purpose of affecting the return of a candidate at the election, makes or publishes any false statement of fact in relation to the personal character or conduct of the candidate, is guilty of an offence, and is liable, on summary conviction, to a fine of not more than $500., and not less than $100., and to imprisonment for one month.
OFFENCES AND PENALTIES
Election material improperly taken
Any person who, illegally by violence or stealth, takes from an election officer, or from any officer or person having the lawful custody thereof, or from the place in which it is then lawfully deposited, any ballot box used or to be used at an election, or any document or paper prepared or drawn up in compliance with any provision of this Act, is guilty of an election offence and is liable, on summary conviction, to a fine not exceeding $1,000., and not less than $500., and to imprisonment for a term not exceeding 12 months and not less than three months, with further imprisonment for an additional term of six months if the penalty is not sooner paid, in addition to any further penalty or punishment to which he may be liable at common law or under any statute.
Falsifying poll book or voters' list
An election officer, or other person whose duty it is to deliver poll books or lists of electors used or to be used in an election, or who has the custody of a certified list of electors or a poll book used or to be used for polling purposes, who wilfully makes a false declaration or insertion in, or erasure from, or in any way wilfully falsifies the certified list, list of electors, or poll book, is guilty of an election offence, and liable, on summary conviction, to a fine of $2,000., and shall also, on conviction, be imprisoned for one year.
A person who
(a) fraudulently alters, defaces, or destroys, a ballot paper or the initials of the deputy returning officer thereon; or
(b) fraudulently and without authority supplies a ballot paper to any person; or
(c) fraudulently places in a ballot box a paper other than the ballot paper that he is authorized by law to place therein; or
(d) fraudulently delivers to a deputy returning officer to be placed in a ballot box any other paper than the ballot paper given to him by the deputy returning officer; or
(e) fraudulently takes a ballot paper out of the polling place; or
(f) fraudulently and without authority destroys, takes, opens, or otherwise interferes with, a ballot box or book or packet of ballot papers, or a ballot paper or ballot in use or used for the purpose of an election; or
(g) being a deputy returning officer, fraudulently puts his initials on the back of a paper purporting to be or capable of being used as a ballot paper at an election; or
(h) with fraudulent intent prints a ballot paper, or what purports to be, or is capable of being used as, a ballot paper at an election; or
(i) being authorized by the returning officer to print the ballot papers for an election, with fraudulent intent prints more ballot papers than he is authorized to print; or
(j) attempts to commit any offence mentioned in this section;
is guilty of an election offence and liable, on summary conviction, if he is an election officer or other officer engaged in the election, to imprisonment without the alternative of fine for a term not exceeding two years and not less than six months and, if he is any other person, to imprisonment for a term not exceeding one year and not less than three months.
A person who wilfully and maliciously destroys, injures, or obliterates, or causes to be destroyed, injured, or obliterated, a poll book, certified list of electors, certificate or affidavit prepared or drawn according to, or for the purpose of meeting a requirement of, this Act is guilty of an election offence, and is liable, on summary conviction, to a fine of $2,000., and shall also, on conviction, be imprisoned for one year.
A person who aids, abets, counsels, or procures, the commission of an act that is an election offence under subsection (1) is guilty of an election offence, and is liable, on summary conviction, to a fine of $2,000., and shall also on conviction be imprisoned for one year.
A person who unlawfully takes down, covers up, mutilates, defaces, or alters any proclamation, notice, or other document, required to be posted up under any provision of this Act is guilty of an offence and liable, on summary conviction, to a fine of not more than $100. and not less than $25., or in default of payment thereof to imprisonment for a term of not more than six months and not less than one month; and, if the person so convicted is an election officer, or other officer engaged under this Act, he is guilty of an election offence and is liable, on summary conviction, to a fine not exceeding $500., and not less than $100., or in default of payment of the penalty, to imprisonment for a term not exceeding one year and not less than three months.
Copy of section 146 on all posters
A copy of section 146 shall be printed in large type either upon every such proclamation, notice, list of electors or other document required to be posted up under this Act, or shall be printed as a separate notice and posted up, where it can be easily read, close to every such posted proclamation, notice or other document.
An election officer, who wilfully miscounts the ballots, or otherwise wilfully makes up a false statement of the poll, is guilty of an election offence and is liable, on summary conviction, to a fine of $200. and one month's imprisonment.
A person who is convicted of having committed an election offence under this Part is guilty of an offence and is liable, on summary conviction, to the penalty provided therefor in this Division of this Part; or, if no other penalty is provided therefor in this Division of this Part, to a fine of not more than $100., and, in default of payment, to imprisonment, for a term of not more than six months.
Report of conviction for election offence
A judge or justice finding any candidate guilty of an election offence under this Division of this Part shall forthwith report the fact to the clerk of the local authority wherein the offence was committed.
The clerk shall enter in a book, which he shall keep for the purpose, the names of all persons who have been adjudged guilty of an election offence within the local authority and of which he has been notified as provided in subsection (1).
Notification of returning officer
After making the entries mentioned in subsection (2), the clerk shall forthwith send to the returning officer a list of the names of the persons to whom reference is made in subsection (2).
DIVISION II
CONTROVERTED ELECTIONS
Petition questioning elections
The election of a person to a council may be questioned, by an election petition, on the ground
(a) that his election was wholly voided by election offences or offences committed at the election; or
(b) that the person whose election is questioned
(i) was, at the time of the election, disqualified for reasons other than those mentioned in clause (a), or
(ii) was not duly elected by a majority of the lawful votes.
An election shall not be questioned on any of the grounds set out in subsection (1) except by an election petition.
An election petition may be presented either by four or more persons who voted, or had a right to vote, at the election, or by a person who was a candidate at the election.
Any person whose election is questioned by a petition, and any returning officer or deputy returning officer of whose conduct a petition complains, may be made a respondent to the petition.
Two or more candidates may be made respondents to the same petition and their cases may be tried at the same time; but for the purposes of such a proceeding the petition shall be deemed to be a separate petition against each respondent.
A petition shall be presented to a judge of the Court of Queen's Bench during office hours, together with a filing fee of $5.
Petition based on election offences
Where a petition is based on the ground stated in clause 151(1)(a), it shall be presented within six months after the day on which the election was held.
Petition based on other grounds
Where a petition is based on one of the grounds stated in clause 151(1)(b), it shall be presented within 21 days after the day on which the election was held.
At the time of presenting an election petition, or within three days afterwards, the petitioner shall give security for all costs, charges, and expenses that become payable by him to any witness summoned on his behalf or to any respondent.
The security shall be in such amount, not exceeding $200., as the judge directs; and it shall be given by a deposit of money or of a bond entered into by not more than four sureties, or partly in one way and partly in the other.
The money or bond shall be deposited with the registrar of the Court of Queen's Bench.
Serving respondent with notice
Within 10 days after the presentation of the petition, the petitioner shall serve on the respondent a notice of the presentation of the petition and of the nature of the security, and a copy of the petition.
The notice and copy shall be served personally, unless the judge, on application, makes an order for substitutional service, which he may do on any grounds that he deems reasonable.
Respondent may object within five days
Within five days after service of the notice to which reference is made in subsection 158(1), the respondent may object, in writing, to the bond, on the ground that any surety is insufficient, or is dead, or cannot be found, or cannot be ascertained for want of a sufficient description in the bond, or that a person named in the bond has not duly executed it.
An objection to the security shall be decided by the judge.
Where the objection to the security is allowed, the petitioner may, within a further time not exceeding five days, remove it and deposit such sum of money as will, in the opinion of the judge, make the security sufficient.
Where no security is given as prescribed, or where an objection is allowed and is not removed, no further proceedings shall be had on the petition.
On the expiration of the time limited for making objections, or, after objection made, on the objection being disallowed or removed, whichever last happens, the petition is at issue.
TRIAL
An election petition shall be tried in open court.
Subject to subsection (2), the place of trial shall be within the local authority in which the election was held; and, subject as aforesaid, the judge may, in his discretion, adjourn the trial from time to time, and from any one place to any other place within the authority.
On being satisfied that special circumstances exist rendering it desirable that the petition be tried elsewhere, the judge, in his discretion,
(a) may appoint another convenient place outside the authority for the trial; or
(b) may adjourn the trial from any place within the authority to any such convenient place outside the authority.
The clerk of the local authority shall provide proper accommodation for holding the election court; and any expenses incurred by him for the purpose shall be paid by the authority.
All constables, gaolers and bailiffs shall give their assistance to the judge in the execution of his duties.
Evidence of election offence before proof of agency
On the trial of a petition, unless the judge otherwise directs, any charge of any election offence or offence may be gone into, and evidence in relation thereto received, before any proof has been given of agency on behalf of any candidate in respect of the election offence or offence.
On the trial of a petition complaining of an election and claiming the office for some person, the respondent may give evidence to prove that that person was not duly elected, in the same manner as if he had presented a petition against the election of that person.
Trial where respondent out of office
The trial of a petition shall be proceeded with, notwithstanding that the respondent has ceased to hold the office his election to which is questioned by the petition.
Depositions not evidence in other proceedings
A statement made by any person on the trial, in answer to a question put to him by or before the judge, is not admissible in evidence in any other proceeding.
Evidence to be taken viva voce
Where, upon the petition, any question is raised as to whether a candidate or any elector has been guilty of an election offence, affidavit evidence shall not be used to prove the offence; but it shall be proved by viva voce evidence taken before the judge, or by an examiner upon an appointment granted by him.
IRREGULARITIES IN ELECTION OR SUBSEQUENTLY
Effect of non-compliance with formalities or of certain irregularities
No election shall be declared invalid by reason of
(a) any non-compliance with the provisions of Division III of Part I as to the taking of the poll or the counting of votes; or
(b) any irregularity on the part of the returning officer, or in any of the proceedings preliminary to the poll; or
(c) a failure to hold a poll at any place appointed for holding a poll; or
(d) non-compliance with any provision of this Act as to limitations of time; or
(e) any mistake in the use of the forms mentioned in Division III of Part I; or
(f) any irregularity;
if it is shown to the satisfaction of the judge that the election was conducted in accordance with the principles laid down in this Act, and that the non-compliance, irregularity, failure, or mistake did not materially affect the result of the election.
Petition questioning right of member to sit
The right of a person to sit as a member of a council may be questioned by a petition on the ground that the person has forfeited his seat on the council or his right thereto or has become disqualified to hold his seat, and the petition may be presented by four or more persons whose names appear on the latest revised list of electors of the local authority; and the provisions of this Act respecting election petitions apply to a petition under this section with such modifications as the circumstances require.
A petition may be presented under this section at any time after the alleged forfeiture or disqualification.
JUDGMENT
Matters to be determined by judge
At the conclusion of the trial, the judge shall determine
(a) whether
(i) the person respecting whose election the petition complains, or
(ii) any other person;
was duly elected; or
(b) whether the election was void; or
(c) whether any member of a council has forfeited his seat on the council or his right thereto, or has become disqualified to hold his seat.
Voiding of election by election offences
Where the judge finds that an election offence has been committed by a candidate or by his agent, the election of the candidate, except in the case mentioned in section 175, is void.
Designation of another person found to be elected
Where the judge finds that a person other than the person respecting whose election the petition complains was duly elected, he shall, in his determination, designate the person duly elected.
Where the judge determines that the election was void he shall order that a new election be held as provided in section 179, and, in his order, he shall fix the date of the new election and provide for all matters with respect to the election for which it is necessary that provision be made.
An order issued under subsection (4) is sufficient authority for the holding of the election, and replaces, and shall be deemed to have the same effect as, a warrant or other document or authority issued in other cases for the holding of an election to fill vacancies in the membership of a council.
The judge shall forthwith certify to the clerk of the local authority the matters so determined by him; and, subject to appeal, the determination so certified is final as to the matters at issue on the petition.
Where a petition charges that any election offence, or any offence deemed an election offence, has been committed at the election, the judge shall, in addition to giving the certificate, and at the same time, report in writing to the clerk
(a) whether any such election offence or offence has or has not been proved to have been committed by, or with the knowledge and consent of, any candidate at the election, and the nature of the election offence or offence;
(b) the names of all persons proved at the trial to have been guilty of any such election offence or offence; and
(c) whether any election offences have, or whether there is reason to believe that any election offences have, extensively prevailed at the election.
On the trial of an election petition in addition to any action he may take under this Division of this Part, the judge may, if he finds that any person has committed an offence under Division I of this Part, convict that person and impose a penalty on him as provided in Division I of this Part.
A report required to be made under subsection (1) may, if deemed advisable by the judge, be combined with any report made by him under section 150.
Where election offence does not void election
Where the judge finds that an agent or scrutineer of a candidate is guilty of an election offence that would otherwise render the election void, and further finds that
(a) no election offence was committed at the election by the candidate personally, and that the election offence of the agent or scrutineer was committed contrary to the order, and without the sanction or connivance, of the candidate;
(b) the candidate took all reasonable means for preventing the commission of election offences at the election;
(c) the election offence was of a trivial, unimportant, and limited, character; and
(d) in all other respects, so far as disclosed by the evidence, the election was free from any election offence on the part of the candidate and of his agent or scrutineers;
the election of the candidate is not void by reason of the election offence.
Candidate participating in election offences
Subject to subsection (2), where the judge finds that an election offence has been committed by or with the actual knowledge and consent of a candidate, his election, if he has been elected, is void and he is, during the three years next after the date of his being found guilty of the election offence ineligible to be elected to, or to sit on, any council or to be entered on any list of electors, or to be registered as an elector or to vote at an election, or to hold any office in a local authority.
Where candidate not subject to penalties
Where the judge finds that an act constituting an election offence was committed by a candidate, or with his actual knowledge and consent, but without any corrupt intent, and in ignorance, which was involuntary and excusable, and that the candidate honestly desired and in good faith endeavoured as far as he could to have the election conducted according to law, the judge, in his discretion, may relieve the candidate from the penalties and disabilities that he would otherwise incur under subsection (1).
Liability of person guilty of election offence
A person other than a candidate, who is found guilty of an election offence in a proceeding in which, after notice of the charge, he has had an opportunity of being heard, or who upon his own evidence given at the trial of a charge laid under Division I of this Part or of a petition under this Division has been found guilty of an election offence, unless the conviction has been reversed on appeal, is, during the three years next after the date of his conviction, subject to the penalties and disabilities mentioned in section 176.
Saving technical or unintentional acts
No person is subject to the penalties and disabilities referred to in section 177 by reason of
(a) a mere technical breach of law; or
(b) an act not being an intentional violation of law.
Acts done pending a petition not invalidated
Where a candidate who has been declared to be elected to an office in a local authority is, by a decision of the judge, declared not to have been duly elected, acts done by him in execution of his office, before the time when the certificate or decision is certified to the clerk are not invalidated solely by reason of that declaration.
Election in the place of person unseated
Where on an election petition, the election of any person to an office in a local authority has been declared void, and no other person has been declared elected in his stead, a new election shall be held to fill the vacancy in the same manner as in the case of an election, to fill a casual vacancy, and on such date as is fixed by the judge.
Where a new election is required by an order of a judge under subsection 173(4) or under section 180, the election officers of the local authority shall proceed to hold a new election as required herein or as may be otherwise ordered by the judge; but, unless, otherwise ordered by the judge, the latest revised list of electors shall be used for the election.
Any person unseated on the ground of want of property qualification shall not be a candidate at the election held to fill the vacancy caused thereby.
Name of disqualified candidate not to be received
The returning officer at such an election shall not receive the name of that person as a candidate.
Second election not voided by election offences at the first
Where an election is set aside under this Division and a second election held, the second election shall be deemed to be a new election, and is not voided by reason of election offences committed at the first election.
Employing guilty agent voids election
Where it is proved, on the trial of an election petition under this Division that a candidate personally engaged a canvasser or agent knowing that, within three years previous to the engagement, the canvasser or agent was found guilty by a judge or justice of an election offence, the election of the candidate is void.
Disqualification cancelled if procured by perjury
Where, at any time after a person has become disqualified, the witnesses on whose testimony he has become disqualified, or any of them, are convicted of perjury in respect of that testimony, The Court of Appeal, upon the motion of the person disqualified and upon being satisfied that the disqualification was procured by reason of perjury, may order that the disqualification shall cease.
The making of an order under subsection (1) does not affect the result of any second election that may have been held as provided in section 180, unless the Court of Appeal orders that a new election be held.
DISCLAIMER
Disclaimer when permissible, after petition
Any person
(a) respecting whose election a complaint is made, otherwise than on the ground of election offences on his part; or
(b) respecting whose right to a seat on a council complaint is made, otherwise than on the ground of his having accepted, or voted in favour of paying to another person, including a member of the council, an amount not authorized by The Municipal Act or any other Act, or paying, for any purpose, an amount greater than is permitted by The Municipal Act or any other Act;
may, within four days after service on him of a petition, send to the judge by registered mail, postage paid, or cause to be delivered to the judge, a disclaimer signed by him in Form 22 or to the like effect.
The disclaimer, or the envelope containing it, shall be endorsed on the outside thereof with the word "Disclaimer".
Duplicate to be delivered to clerk
Any person so disclaiming shall deliver a duplicate of his disclaimer to the clerk of the local authority.
Where there has been a contested election, a person elected may, at any time before complaint is made respecting his election, deliver to the clerk of the local authority, a disclaimer signed by him in Form 23, or to the like effect.
Where a disclaimer has been made in accordance with section 188, the clerk shall forthwith communicate the disclaimer to the council, and the disclaimer operates as a resignation.
WITHDRAWAL
A petition shall not be withdrawn without the leave of the judge, on special application made after public notice of the intention to make it has been given in a manner directed by the judge.
On the hearing of the application, any person who might have been a petitioner, may apply to be substituted as a petitioner, and the judge may, if he thinks fit, substitute him accordingly.
Paper to direct old security to stand
Where the proposed withdrawal is, in the opinion of the judge, induced by any corrupt bargain or consideration, he may, by order, direct that the security given on behalf of the original petitioner shall remain as security for any costs incurred by the substituted petitioner and that, to the extent of the amount named in the security, the original petitioner and his sureties are liable to pay the costs of the substituted petitioner.
Where the judge does not so direct, security to the same amount as is required in the case of a new petition, and subject to the like conditions, shall be given on behalf of the substituted petitioner before he proceeds with his petition; and it shall be given within a time, after the order of substitution, to be fixed in the order or otherwise.
Save as herein provided, a substituted petitioner shall, as nearly as possible, stand in the same position, and be subject to the same liabilities, as the original petitioner.
Where a petition is withdrawn, the petitioner is liable to pay the costs of the respondent.
Consent of all petitioners necessary
Where there are more petitioners than one, an application to withdraw a petition may be made only with the consent of all the petitioners.
ABATEMENT
An election petition is abated by the death of a sole petitioner, or of the last survivor of several petitioners.
Not to affect liability for costs
The abatement of an election petition does not affect the liability of any petitioner, or of any other person, as to the payment of costs previously incurred.
Substitution of new petitioner after abatement
On the abatement of a petition, public notice thereof shall, on the order of the judge, be given by the clerk of the local authority at the expense of the local authority; and, within the time prescribed by the judge, after the notice is given, any person who might have been a petitioner may apply to the judge to be substituted as a petitioner; and the judge may, if he thinks fit, substitute him accordingly.
Security shall be given on behalf of a petitioner so substituted, as in the case of a new petition.
DIVISION III GENERAL PROCEDURE
Subject to this Act, the principles, practice, and rules for the time being observed in the case of election petitions under The Controverted Elections Act, and, in particular, the principles and rules with regard to agency and evidence, and to the declaring of any person to be elected in the place of any other person declared to have been not duly elected, shall be observed as far as possible in the case of an election petition under Division II.
Executory election contracts void
Every executory contract, promise, or undertaking, in any way referring to, arising out of, or dependent upon, an election, except for the payment of lawful expenses or the doing of a lawful act, is void.
COSTS
Subject to section 202, all costs, charges and expenses of, and incidental to, the presentation of an election petition and the proceedings consequent thereon, except those for which provision is otherwise made herein, shall be defrayed by the parties to the petition, or by the local authority affected, in such manner and proportions as the judge determines.
Where, in the opinion of the judge, any costs, charges, or expenses have been needlessly caused, or caused by vexatious conduct or unfounded allegations or objections on the part either of the petitioner or of the respondent, he may order the costs, charges, or expenses to be defrayed by the party by whom they have been incurred or caused, whether he is or is not on the whole successful, or by the local authority if so caused by a servant or representative thereof; but, before any such order is made against the authority, a summons to show cause why such an order should not be made shall be served on the clerk of the authority, and if the order is made, the authority shall be notified of the taxation of the costs.
An order for costs may be enforced by execution issued out of the Court of Queen's Bench upon filing the order and an affidavit of non-payment of costs.
The costs shall be taxed on the Court of Queen's Bench scale.
APPEALS
Any party to a petition may appeal to the Court of Appeal from any order, decision, ruling, or judgment, of a judge or justice in connection with a petition or proceeding under Division II of this Part or a conviction under Division I of this Part; and the appeal may be taken in the same manner, and subject to the same rules of law and procedure, as an appeal from any decision or judgment in the Court of Queen's Bench or an appeal from a judgment of a magistrate convicting a person of an offence, as the case may be.
PART IV
APPROVAL OF BY-LAWS BY ELECTORS
DIVISION I
PRELIMINARY
In this Part and in Form 13,
"board", unless otherwise provided, means The Municipal Board; (« Commission »)
"elector" means a person who, under the Act under which a vote to which this Part applies is taken, may vote at the election. (« électeur »)
Application of other provisions
Where, under this Part, the proceedings for, incidental to, and at elections of members of councils are made applicable to votes taken under this Part, in applying any such provision
(a) "elector" shall be read as "resident elector", or "ratepayer", or "resident ratepayer", or "voter", if the case requires; and
(b) "list of electors" shall be read as "list of resident electors", or "list of ratepayers", or "list of resident ratepayers", or "list of voters", if the case requires.
Assent of electors, how obtained
Where
(a) under any Act; or
(b) under an order of the board;
a by-law of a council requires the assent of the electors of a local authority before the final passing thereof, the following proceedings shall be taken for ascertaining the assent:
(c) the clerk of the local authority,
(i) forthwith if the assent is required by statute, and
(ii) forthwith after the making of the order of the board, if the assent is required by such an order,
shall
(iii) publish
(A) once in The Manitoba Gazette at least two weeks before the day of voting, and
(B) once each week for three successive weeks, and
(iv) post up in the authority,
a notice, signed by the clerk, setting forth concisely the objects of the by-law, and stating the hour, day, and place or places fixed, in accordance with this section, for taking the votes of the electors for and against the proposed by-law;
(d) the council shall, by a separate by-law,
(i) fix the day when, and the place or places where, the votes will be taken, and
(ii) fix a time when, and a place where,
(A) the returning officer will sum up the number, of votes given for and against the proposed by-law, and
(B) persons may be appointed to represent those interested respectively in promoting or opposing the passing of the proposed by-law, and to attend at the various polling places and at the final summing up of the votes by the returning officer;
(e) the day fixed under sub-clause (d)(i) shall be not fewer than three, or more than five, weeks after the first publication of the notice required under clause (c); and
(f) where the votes are to be taken in more than one polling subdivision, the returning officer shall appoint a deputy returning officer to take the votes in each polling subdivision and, where necessary, a poll clerk for each polling subdivision.
Vote taken at time of regular elections
Where a vote of the electors of a local authority is being taken with respect to a by-law at the same time that
(a) a regular election; or
(b) a special election to elect one or more members of the council to fill vacancies therein;
is being held, the vote respecting the by-law shall be taken by the election officers who are conducting the regular or special election.
At the time and place so named for the purpose, the returning officer, if requested so to do, shall appoint, in writing signed by him, two electors to attend at the final summing up of the votes and one elector to attend at each polling place on behalf of the persons interested in, and desiring to promote the passing of, the proposed by-law, and a like number on behalf of the persons interested in, and desiring to oppose, its passing.
Before any elector is appointed under section 206 he shall make and subscribe a declaration in Form 24.
Admission of promoters to polling place
Every elector appointed under section 206, before being admitted to the polling place or the summing up of the votes, shall produce to the returning officer or deputy returning officer, as the case requires, his written appointment.
During the time appointed for polling, no person, other than the election officers and other persons authorized to attend and electors while in attendance for the purpose of voting, is entitled or shall be permitted to be present in any polling place.
DIVISION II
POLLING
On the day and at the hour fixed for the voting, a poll shall be held, and the vote shall be taken by ballot.
The returning officer may, and if directed to do so by a by-law of the council of the local authority, shall, establish an advance polling place, as required under section 57 in the case of the election of members of the council, for the purpose of accommodating persons to whom clause 57(1)(a), (b) or (c) applies; and that section applies to an advance polling place established under this subsection.
Directions for guidance of voters
Printed directions shall be delivered to the deputy returning officer in Form 11.
Forthwith after the day is fixed for taking the votes of the electors, the returning officer shall cause to be printed, at the expense of the local authority, a sufficient number of ballot papers for the purpose of the voting.
The ballot papers shall be in the form set out in Form 21 (Fourth Paper).
Application to be added as an elector
A person who is qualified to vote on the by-law but whose name is not on the list of electors may apply to have his or her name added. The application must be made by the person at the poll where he or she is qualified to vote, during the hours the poll is open.
Affidavit and identification required
A person applying under subsection (1) must swear or affirm an affidavit of an elector, in the prescribed form, before the deputy returning officer and
(a) produce to the deputy returning officer
(i) an official document issued by a federal, provincial or municipal government that contains the applicant's name, address and photograph, or
(ii) two documents that provide evidence satisfactory to the deputy returning officer of the applicant's identity; or
(b) if he or she is unable to comply with clause (a), establish his or her identity in another manner acceptable to the deputy returning officer.
If a person complies with the requirements of subsection (2), the deputy returning officer must add the person's name at the end of the list of electors, and assign to it the next available consecutive number.
DIVISION III
PROCEDURE AT CLOSE OF POLL
Each deputy returning officer shall make a written statement, in triplicate, in Form 25 at the close of the polling; and the statement shall show
(a) the name or number of the ward or polling subdivision, the name of the local authority, and the date of the polling;
(b) the number of votes for and against the by-law respectively; and
(c) such other particulars as are indicated in the form;
and the statement shall be signed by him and the poll clerk.
One copy of the statement shall be attached to the poll book, and another shall be retained by him, and the third shall be enclosed by him in a separate envelope supplied for the purpose, and handed to the returning officer.
The deputy returning officer shall make a note in writing of any objection made by any person authorized to be present to any ballot paper found in the ballot box, and shall decide any question arising out of the objection.
Each objection to a ballot paper shall be numbered, and a corresponding number placed on the back of the ballot paper and initialled by the deputy returning officer.
Deputy returning officer's duties after votes are counted
On the completion of the counting of the votes, each deputy returning officer shall, in the presence of the persons authorized to attend, make up into separate packets
(a) the statement made under section 213;
(b) the used ballot papers that have not been objected to and have been counted;
(c) the ballot papers that have been objected to but that have been counted by him;
(d) the rejected ballot papers not objected to;
(e) the rejected ballot papers objected to;
(f) the spoiled and declined ballot papers;
(g) the unused ballot papers;
(h) the poll book, with the oath of the deputy returning officer therein duly taken;
(i) the list of electors used at the polling;
(j) the oaths or declarations of electors made before the deputy returning officer;
(k) a statement of the number of electors who complete Form 10 and Form 15, and the notes taken of any objection to a ballot paper found in the ballot box;
(l) all other documents that were completed, prepared, or used at the election.
Packets to be sealed and endorsed
Each of the packets shall be sealed with the deputy returning officer's own seal and the seals of such persons authorized to attend as desire to affix their seals, and marked upon the outside with a short statement of the contents of the packet, the date of the polling, the name of the deputy returning officer, the name of the local authority, and the name or number of the ward or polling subdivision.
Certificate and declaration of deputy returning officer
Each deputy returning officer shall, at the close of the poll, certify under his signature on the poll book, in full words, the total number of persons who have voted at his polling place, and shall, before placing the poll book in its proper packet, make and subscribe his solemn declaration that the poll book was used in the manner prescribed by law, and that the entries required by law to be made therein were correctly made, in accordance with the form of declaration contained in the poll book.
Return of ballots boxes and contents by deputy returning officer
The deputy returning officer shall then forthwith place all such packets in the ballot box and securely lock and seal the box and, subject as provided in section 99, shall deliver it, or cause it to be delivered to the returning officer in the manner prescribed in section 99.
S.M. 1991-92, c. 13, s. 18.
COUNTING VOTES
Returning officer to cast up votes and declare result
After he has received the ballot box containing the packets, papers and the statement of the number of votes given in each polling place as required under section 215, the returning officer shall, at the time and place appointed by the by-law, in the presence of the persons authorized to attend, or such of them as are present, without opening any of the sealed packets of ballot papers, sum up from the statements the respective number of votes for and against the by-law, and shall then and there declare the result and forthwith certify to the council and to the board, under his hand, whether a majority of the electors voting upon the by-law have approved or disapproved the by-law.
The returning officer, if he is not also the clerk, shall, forthwith after complying with subsection (1), deliver to the clerk the ballot boxes containing the packets, papers, and statements as required under section 215.
Returning officer not to have casting vote
Where the assent of the electors or a portion of them is necessary for the validity of a by-law, the returning officer is not entitled to give a casting vote.
DIVISION IV
RECOUNT
Where, within two weeks after the returning officer has declared the result of the voting, any elector
(a) applies to a judge of the Court of Queen's Bench, after giving such notice of the application as the judge directs;
(b) shows, by affidavit, reasonable grounds for entering into a recount of the ballot papers; and
(c) enters into a recognizance before the judge in the sum of $100., with two sufficient sureties, conditioned to prosecute the petition with effect and to pay any costs that he may be adjudged to pay to any person;
the judge may appoint a time and a place within the authority for entering into the recount.
At least one week's notice of the time and place so appointed shall be given by the applicant to such persons as the judge directs, and to the returning officer and the clerk of the local authority and to the board.
At the time and place appointed, the returning officer and the clerk of the local authority shall attend before the judge with the ballot box and the books, papers, and documents required to be placed therein; and the judge, upon inspecting the ballot papers and lists of electors and hearing such evidence as he deems necessary, and on hearing the parties or such of them as attend or their counsel, shall, in a summary manner, determine whether a majority of votes given is for or against the by-law, and shall forthwith certify the result to the council and the board.
The judge shall proceed, in so far as practicable as in the case of a recount under Part I, and section 108 applies, with such modifications as the circumstances require, to a recount under this Division.
On the recount, the judge possesses the like powers and authority, as to all matters arising upon the recount, as are possessed by him upon a trial of the validity of an election under Part III; and in all cases costs are in the discretion of the judge, or he may apportion the costs as to him seems just.
DIVISION V
GENERAL
Proceedings as at elections of councils
The proceedings for, and incidental to, and at, the poll shall be the same, as nearly as possible, as at elections of members of councils in local authorities; and all the provisions of this Act relating to those elections, in so far as they are applicable, and except as in this Part otherwise provided, apply to the taking of votes at the poll under this Part and to all matters incidental thereto and, in particular, subsections 97(7) and (8) apply, with such modifications as the circumstances require, to the taking of those votes.
All the provisions of this Act prohibiting the doing of any act, or making any act an offence against this Act, and prescribing penalties therefor, applicable to the election of members of councils, apply to the voting upon a by-law except as otherwise herein provided.
A vote on a by-law may be questioned on any of the grounds mentioned in subsection 151(1), and an election petition may be presented and proceeded with as provided in Division II of Part III; and if the vote is declared void, the judge may order that the by-law be submitted again to a vote, and may in the order fix the date of the vote and provide for all other matters with respect thereto.
PART V
OFFENCES AND PENALTIES
Penalty for violation of certain provisions
Any person who commits an offence under
(a) subsection 10(9); or
(b) subsection 11(3); or
(c) section 41; or
(d) section 43; or
(e) subsection 46(6); or
(f) subsection 55(2); or
(g) subsection 57(5); or
(h) subsection 69(1); or
(i) subsection 70(3);
is liable, on summary conviction, in addition to any other penalty prescribed therefor herein, to a fine of not more than $200., or to imprisonment for a term of not more than three months, or to both and, in default of payment of any such fine imposed on him, to imprisonment for a term of not more than one month.
Penalty for violation of further provisions
Any person who contravenes, violates, or disobeys, or refuses, neglects, fails, or omits to observe, obey, or comply with any provision of section 73, 74, 75 or 76 is guilty of an offence and is liable, on summary conviction, to a fine of not more than $1,000., or to imprisonment for a term of not more than six months, or to both.
Any person who contravenes, violates, or disobeys, or refuses, neglects, fails, or omits to observe, obey, or comply with any provision of this Act other than one of those mentioned in section 224 is guilty of an offence and, if no other penalty therefor is specifically provided herein, is liable, on summary conviction, to a fine of not more than $500., or to imprisonment for a term of not more than six months, or to both and, in default of payment of any such fine imposed on him, to imprisonment for a term of not more than three months, in addition to any other term of imprisonment imposed as part of a penalty.
Where an offence under this Act is committed by a person who is not a resident of the province at the time of the commission of the offence, he shall, upon conviction, be sentenced to a fine of not more than $1,000., or to be imprisoned for a term not exceeding six months, or to both.
PROSECUTIONS
Evidence on prosecution for election offences
It is not necessary at the hearing of a prosecution for election offences to produce any by-law, poll book, list of electors, or other official document or record, or the authority of a returning officer or deputy returning officer; and parol evidence of the facts is admissible.
Fact of election by returning officer's certificate
The certificate of the returning officer to that effect constitutes proof of an election having been held, and of the fact that any person therein stated to have been a candidate has been such a candidate; and these facts may also be proved by parol evidence.
In the event of suspension or delay at any stage of the trial of a petition under Division II of Part III, the judge may permit one or more persons to intervene and carry on the proceedings to a final determination.
All proceedings against any person for an election offence, other than a petition to contest an election, shall be begun within four weeks after the date of the discovery of the alleged offence, but in all cases within six months after the date of the voting in the election at or during which the offence is alleged to have been committed.
No penalty after previous prosecution of accomplice
No fine or forfeiture imposed by or under this Act or any other Act of the Legislature, for an election offence at an election, shall be imposed, or applies for or in respect of that election offence, if it appears
(a) that the person charged and another person or other persons were together guilty of the election offence charged, either as giver or receiver, or as accomplices or otherwise; and
(b) that the person charged has previously bona fide prosecuted the other person or persons or any of them for the act.
Subsection (1) does not apply in case the judge or justice, before whom the person claiming the benefit thereof is charged, certifies that it clearly appears to him that the person so charged took the first step towards the commission of the offence charged, and that that person was in fact the principal offender.
Arrest of non-resident without warrant
A peace officer may arrest without warrant any person, not a resident of the province, who, on reasonable grounds, he suspects has been guilty of a violation of any provision of this Act within three days previous to the date of the arrest; but, in case of such an arrest without warrant, the peace officer shall take the prisoner before a magistrate without delay and prosecute the prisoner on the charge with all due diligence.
Security for costs of election official
In a prosecution under this Act against an election officer or a candidate or his agent, the judge or justice may, in his discretion, require at any stage of the proceedings that the prosecutor deposit with him, as security for the costs of the accused, an amount not exceeding $25.; and that amount, or a sufficient part thereof, shall be applied to such costs in case costs are ordered to be paid by the prosecutor.
Unless for special reasons the court deems it advisable to order otherwise, the party who fails in a prosecution to which section 233 applies shall bear the costs thereof; and if that party is the defendant, the costs are payable over and above any penalty imposed.
ELECTION EXPENSES
Expenses of Candidates
Elector not disqualified by receiving pay for certain services
The contracting for, or the receipt of, ordinary and reasonable charges
(a) by the owner or possessor of a hall or room in which to hold bona fide public meetings for the purposes of the election; or
(b) by a printer for printing lists of electors, election papers, or advertisements or notices of election meetings; or
(c) by any person for the hire of any means of conveyance used in connection with, and for the proper purposes of, the election and not for carrying electors; or
(d) by the members of a reasonable clerical staff for the purposes of the election of a candidate;
are lawful and do not disqualify the owner, printer, member, or other person from voting.
Expenses of Election Officers
Expenses incurred by officers to be refunded
The reasonable expenses incurred by an election officer for printing, providing ballot boxes, ballot papers, poll books, materials for marking ballot papers, polling compartments, and transmission of packets required by Division III of Part I to be transmitted, and reasonable fees and allowances for services rendered under Division III of Part I shall be paid to the election officer by the treasurer of the local authority; and, where the clerk is also the returning officer, he is entitled to receive such remuneration as may be provided by by-law.
REGULATIONS
Regulations by Lieutenant Governor in Council
For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations as are ancillary thereto and are not inconsistent therewith; and every regulation made under, and in accordance with the authority granted by, this section has the force of law.
The minister may make regulations prescribing forms to be used in conducting an election under this Act. These regulations must not be inconsistent with regulations made under subsection (1).