.png){kind=small}
C.C.S.M. c. L180
The Local Authorities Election Act
| 1 | Definitions |
| 2(1) | References to forms |
| (2) | References to publishing |
| (3) | Reference to posting |
| APPLICATION, OATHS | |
| 3(1) | Application of Act |
| (2) | City of Winnipeg Charter to prevail |
| 4(1) | Authority to administer oaths |
| (2) | Oaths, administered by election officials |
| (3) | Oath of official not to be taken before himself |
| (4) | Where fee not to be charged |
| (5) | Affirmation of witness instead of oath |
| (6) | Form of affirmation |
| (7) | References to taking an oath |
| PART I | |
| ELECTIONS | |
| DIVISION I | |
| QUALIFICATIONS OF ELECTORS AND LIST OF ELECTORS | |
| 5(1) | Qualification of electors |
| (1.1) | Qualification of non-resident owners for municipal elections |
| (1.2) | "Registered owner" defined |
| (1.3) | Maximum of two non-resident voters per property |
| (2) | |
| (2.1) | Computing time of ownership |
| (3) | Right to vote in one ward only |
| (4) | Selection of voting ward |
| (5) | One place of residence only |
| (6) | Registration of non-resident owners |
| (7) to (9) | |
| 6 | Provision for election in new authority |
| 7 | Persons entitled to be electors |
| 8 | Elections where territory added to municipality |
| 9 | Persons not entitled to vote |
| 10(1) | Appointments |
| (2) | Elected persons not eligible as election officials |
| (3) | Term of office |
| (4) | Filling vacancies |
| (5) | Enumerator and duties |
| (6) | Revising officer and duties |
| (7) | Returning officer and duties |
| (8) | Oath of office |
| (9) | Offence |
| (10) | Returning officer performing duties of D.R.O. |
| 11(1) | Making of list of electors |
| (2) | Appointment of assistant enumerators |
| (3) | Assistant enumerators for two authorities |
| (4) | Oath of office |
| (5) | Allotment of polling subdivision |
| (6) | Making of list |
| (7) | List in rural polling subdivision |
| (8) | List in urban polling subdivisions |
| (9) | List in certain urban polling subdivisions |
| (10) | Authority of returning officer to direct form of list |
| (11) | Duty of urban assistant enumerator |
| (11.1) | Verification of enumeration information |
| (12) | Further duties of urban assistant enumerator |
| (13) | Duty of rural assistant enumerator |
| (14) | Duty of assistant enumerator as to qualifications |
| (15) | |
| 12 | Voting where resident |
| 13 | Rules of residence |
| MAKING AND DELIVERY OF LISTS | |
| 14(1) | Completion of list |
| (2) | Delivery to enumerator |
| 15 | Fees of assistant enumerator |
| 16 | Additions to list by enumerator |
| 17(1) | Copies of list and disposal thereof |
| (2) | |
| (3) | Names of officials |
| (4) | Page for certificates |
| (5) | Copies of latest revised list |
| 18 | |
| 19(1) | Notice of revision |
| (2) | Contents of notice |
| (3) | Publication of notice of revision |
| (4) | Reduced number of days for revision |
| 20(1) | Appointment of assistant revising officers |
| (2) | Oath of office |
| (3) | Duties of assistant revising officers |
| 21(1) | Sittings for revision |
| (2) | Correction of errors in names |
| 22(1) | Application to correct list |
| (2) | Notice of application |
| 23 | |
| 24 | Issue of subpoena |
| 25 | Striking off electors for non-attendance |
| 26 | Complainant dying |
| 27 | Persons reaching voting age on or before date of election |
| 28 | Transfers for purposes of qualifying electors ineffectual |
| 29(1) | List of corrections |
| (2) | Corrections on original list |
| (3) | Certificates attached to list |
| (4) | Form of certificate |
| (5) | Meaning of original list |
| 30 | Return of lists to enumerator |
| 31(1) | Preparation of list and corrections made on revision |
| (2) | Distribution and printing |
| (3) | Printed lists for returning officer |
| (4) | Surplus copies |
| (5) | Disposal of surplus copies |
| 32 | Certified copy |
| 33 | List of electors to be used |
| 34(1) | List of electors where new territory added |
| (2) | Deletion of names from electors' list of ceded territory |
| 35 | New division of wards, new lists |
| 36 | Payment of all charges by treasurer |
| 36.1(1) | Personal security protection on lists and records |
| (2) | Electors to be advised of right to protection |
| 36.2 | Misuse of voters list |
| DEFAULTS AND PENALTIES | |
| 37 | Provisions as to time directory only |
| 38 | Proceedings to compel revision of lists |
| 39 | Form of application |
| 40 | Judge's order on application |
| 41 | Penalty incurred by officials for omissions |
| 42 | Fraudulent qualification |
| 43 | Offences and penalties |
| DIVISION II | |
| NOMINATIONS | |
| 44(1) | Nomination of candidates |
| (2) | Documents to be available to public |
| 45(1) | Notice to be given |
| (2) | Contents of notice |
| (3) | Presence of returning officer |
| 46(1) | Making of nominations |
| (2) | Documents to accompany nomination |
| (3) | Form of declaration of candidate required |
| (4) | Forms of documents required |
| (5) | Rejection of nomination paper |
| (6) | Offence |
| 47 | Proceedings on acclamation |
| 48 | Where poll required |
| 49 | Mailing of notice as to polling |
| 50 | Appointment of official agent |
| 51 | Withdrawals |
| 52 | Death of a candidate |
| DIVISION III | |
| TIME, PLACE, AND MANNER OF HOLDING ELECTIONS | |
| 53(1) | Where elections held |
| (2) | Polling hours |
| PRELIMINARY PROCEEDINGS | |
| 54(1) | Appointment of deputy returning officer |
| (2) | Duty of returning officer where no polling subdivisions |
| (3) | Provision of quarters for R.O. |
| (4) | Appointment of assistant returning officers |
| 55(1) | Return to be made by D.R.O. |
| (2) | Offences by D.R.O. |
| POLLING PLACES | |
| 56(1) | Appointment of polling places |
| (2) | Premises of candidate not to be used |
| (3) | Ease of access |
| (4) | Polling places in another local authority |
| HOSPITAL POLL | |
| 56.1(1) | Special poll to be provided |
| (2) | Assistance at hospital poll |
| MOVING POLLS | |
| 56.2(1) | Moving poll for low population area |
| (2) | List of electors for moving poll |
| 56.3(1) | Moving poll for institutions |
| (2) | Assistance for moving poll |
| (3) | List of electors for moving poll |
| ADVANCE POLLS | |
| 57(1) | Persons voting at advance polls |
| (2) | Days and hours to be open |
| (3) | Reduction of advance polling days |
| (4) | Ease of access |
| (5) | Statement of voter |
| (6) | Filing of statement |
| (7) | Other declarations |
| (8) | Ballot box |
| (9) | Custody |
| (10) | Proceedings at close of polls |
| (11) | Forms |
| WHERE ELECTORS MAY VOTE | |
| 58(1) | Voting by resident elector |
| (2) | Voting by non-resident elector |
| 59 | Certificate to entitle officers to vote |
| 60 | Right to vote on production of certificate |
| 61 | Authority to vote under certificate |
| BALLOT BOXES | |
| 62(1) | Procurement of ballot boxes |
| (2) | Construction of ballot boxes |
| (3) | Delivery of ballot boxes |
| BALLOT PAPERS | |
| 63(1) | Printing of ballot papers |
| (2) | Paper for ballots |
| (3) | Contents of ballot papers |
| (4) | Rotating ballot forms |
| (5) | Variation of prescribed sequence not to invalidate election |
| (6) | Different sets of ballots for mayor and aldermen |
| (7) | Form of ballot papers |
| VOTING COMPARTMENTS AND MATERIALS | |
| 64 | Compartment for voters to mark ballots |
| 65(1) | Materials to be furnished to deputy returning officers |
| (2) | Duties of returning officer |
| (3) | Keeping of materials for voters |
| DEPUTY RETURNING OFFICERS | |
| 66(1) | Oath of office |
| (2) | Making of returns |
| 67(1) | Duty of poll clerk if deputy becomes ill |
| (2) | Where no poll clerk |
| (3) | Powers of substitute |
| 68(1) | Poll clerk |
| (2) | Oath of office |
| 69(1) | Offence |
| (2) | Arrest or ejection of offender |
| (3) | Detention of person arrested |
| (4) | Arraignment |
| (5) | Laying of information |
| (6) | Assistance to returning officer |
| 70(1) | Appointment of constables |
| (2) | Oath of office |
| (3) | Offence |
| 71 | Copies of Act to be posted |
| 72(1) | Poll books |
| (2) | Entries in poll book |
| 73 | Interference with voters prohibited |
| 74 | Information as to candidate for whom elector votes |
| 75 | Officers to maintain secrecy of voting |
| 76 | No person to induce voter to show marked ballot |
| 77(1) | Declaration of secrecy |
| (2) | Form of declaration of secrecy |
| 78 | No one compellable to disclose his vote |
| POLLING | |
| 79 | Voting by ballot |
| 80 | Placarding of directions |
| 81 | Deputy returning officer to show box empty and then lock and seal it |
| 82(1) | Persons entitled to be present |
| (2) | Appointment of scrutineers |
| (3) | Appointment of scrutineers-at-large |
| (4) | Candidate may undertake duties of a scrutineer |
| (5) | Expressions referring to scrutineers |
| (6) | Assistance from peace officers |
| 83(1) | Persons entitled to vote at elections |
| (2) | Questions of qualification |
| 84(1) | Person not on list may apply to vote |
| (2) | Requirements for person applying to vote |
| (3) | Name to be added |
| (4) | Person not to vote |
| 85(1) | General proceedings on tender of vote |
| (2) | Only one vote |
| (3) | Inquiries prohibited |
| 86 | Mode of voting to be explained to voter |
| 87(1) | Appointment of interpreters |
| (2) | Oath of interpreter |
| 88 | Ballot to be initialled by deputy returning officer |
| 89 | Entries in poll book |
| 90(1) | Marking ballot |
| (2) | Delivery of ballot |
| (3) | Deposit of ballot |
| 91 | Receipt of ballot evidence of having voted |
| 92 | Exclusion from balloting compartment |
| 93(1) | Voters not to take ballot from polling place |
| (2) | Forfeiture of vote |
| (3) | Action of deputy returning officer |
| 94 | Proceedings if ballot cannot be used |
| VOTER UNABLE TO MARK BALLOT | |
| 95(1) | Procedure if voter unable to mark ballot |
| (2) | Use of template |
| (3) | Application to vote by mail |
| (4) | Ballot to be delivered to elector |
| (5) | Record of electors |
| (6) | Marking of ballot |
| (7) | Instructions to voter |
| (8) | Receiving mailed ballots |
| (9) | Counting of votes |
| (10) | Statement of poll |
| INTERRUPTED POLLS | |
| 96(1) | Proceedings where election interrupted |
| (2) | Return where no election held |
| DEPUTY RETURNING OFFICER'S COUNT | |
| 97(1) | Duties of deputy returning officer respecting spoiled and declined ballots |
| (2) | Signing of certificate |
| (3) | Disposal of ballots not initialled |
| (4) | Ballots to be rejected in the count |
| (5) | Objections to be noted in poll book |
| (6) | Numbering of objections |
| (7) | Marks allowed on a ballot |
| (8) | Pencil |
| (9) | Endorsement of rejected and objected to ballots |
| (10) | Counting the ballots allowed |
| (11) | Statement of poll |
| (12) | Disposal of copies |
| (13) | Delivery of certificates |
| 98(1) | Duties of deputy returning officer after votes are counted |
| (2) | Certificate respecting poll book |
| (3) | Certificate |
| (4) | Sealing of packets |
| (5) | Statement of contents of packets |
| 99(1) | Disposal of ballot box |
| (2) | Delivery of ballot box by messenger |
| (3) | Affidavit of messenger |
| 100(1) | Settlement of disputes as to statements |
| (2) | Returning officer to determine disputes |
| 101(1) | Returning officer to cast up votes and declare who is elected |
| (2) | Casting up votes where polling interrupted |
| (3) | Statement of tie vote |
| (4) | Equality of votes at top of poll |
| (5) | Equality of votes in other cases |
| (6) | Application for recount |
| (7) | Inspection of poll books |
| (8) | Ballot boxes and contents delivered to clerk |
| (9) | Meaning of "it appears" |
| RECOUNT OF VOTES | |
| 102(1) | Time and place of recount |
| (2) | Provisions respecting recount |
| (3) | Certifying of result and declaration of election |
| (4) | New election ordered |
| (5) | Date of new election |
| (6) | Recommendations of judge |
| 103(1) | Deposit by applicant |
| (2) | Deposit required on recount of tie vote |
| 104 | Who may be present at recount |
| 105 | Opening of packets |
| 106 | Secrecy |
| 107(1) | Recount to be a continuous proceeding |
| (2) | Disposition of ballots during recess |
| 108(1) | Procedure on recount |
| (2) | Death or disqualification of voter |
| (3) | When new vote ordered |
| COSTS | |
| 109 | Costs of application |
| 110 | Taxation of costs |
| 111 | Recovery of costs |
| DISPOSITION OF BALLOTS | |
| 112 | Disposition of ballot papers |
| 113(1) | Ballot papers inspected by order of the court |
| (2) | Order may be subject to conditions |
| (3) | Production of documents and endorsements evidence |
| 114(1) | Actions prohibited |
| (2) | Prohibition |
| (3) | Election offences |
| PART II | |
| ELECTIONS BY PROPORTIONAL REPRESENTATION SYSTEM OR ALTERNATIVE | |
| 115(1) | Procedure under proportional representation or alternative voting |
| (2) | Divisions of Part I applicable |
| PROCEEDINGS AT ELECTION | |
| 116 | Separate ballot papers |
| 117 | Number of choices |
| 118 | Transferable choices |
| 119 | Marking ballot paper |
| 120 | Form of ballot paper |
| 121 | Direction for guidance of electors |
| 122 | Invalid ballot papers |
| 123 | Marks not invalidating ballot |
| COUNTING BALLOT PAPERS | |
| 124 | Suitable place for count |
| 125 | Supervisors and sorters |
| 126 | Persons entitled to be present |
| 127 | Rules |
| RULES FOR COUNTING BALLOTS AND PROCEEDINGS AFTER CLOSE OF THE POLL | |
| 127.R1(1) | Rule 1 — |
| (2) | |
| 127.R2(1) | Rule 2 — |
| (2) | |
| (3) | |
| 127.R3(1) | Rule 3 — |
| (2) | |
| (3) | |
| (4) | |
| 127.R4(1) | Rule 4 — |
| (2) | |
| (3) | |
| (4) | |
| 127.R5(1) | Rule 5 — |
| (2) | |
| (3) | |
| 127.R6 | Rule 6 — |
| 127.R7 | Rule 7 — |
| 127.R8(1) | Rule 8 (This Rule is subject to Rule 7) — |
| (2) | |
| (3) | |
| (4) | |
| (5) | |
| (6) | |
| (7) | |
| (8) | |
| (9) | |
| (10) | |
| (11) | |
| (12) | |
| (13) | |
| (14) | |
| 127.R9(1) | Rule 9 — |
| (2) | |
| (3) | |
| 127.R10(1) | Rule 10 — |
| (2) | |
| (3) | |
| 127.R11(1) | Rule 11 — |
| (2) | |
| (3) | |
| 127.R12 | Rule 12 — |
| 127.R13(1) | Rule 13 — |
| (2) | |
| (3) | |
| (4) | |
| 127.R14(1) | Rule 14 — |
| (2) | |
| PART III | |
| ELECTION OFFENCES AND CONTROVERTED ELECTIONS | |
| DIVISION I | |
| ELECTION OFFENCES BRIBERY AT ELECTIONS | |
| 128 | Penalty for buying votes |
| 129(1) | Aiders and abettors |
| (2) | Additional penalty for bribery |
| (3) | Saving personal expenses of candidates |
| (4) | Distributing pamphlets permitted |
| POLITICAL ACTIVITIES ON VOTING DAYS | |
| 129.1(1) | No distribution of paper near poll |
| (2) | Removal of signs before voting day |
| (3) | Candidate or agent to remove sign |
| 129.2(1) | Partisan materials on election day |
| (2) | Exception of scrutineers |
| TREATING AT ELECTIONS | |
| 130(1) | Payment of cost of refreshment an offence |
| (2) | Expenses |
| (3) | Treating voter on election day |
| (4) | Supplying refreshments at home |
| DONATIONS AND SUBSCRIPTIONS | |
| 131(1) | Making of or solicitations of, donations |
| (2) | Exemption |
| (3) | Donation at meetings |
| CONTRIBUTIONS | |
| 132 | Contributions for political purposes |
| BETTING AT ELECTIONS | |
| 133(1) | Betting by candidate |
| (2) | Provision by candidate of money to bet |
| (3) | Betting to influence election |
| CONVEYING ELECTORS | |
| 134(1) | Hiring of conveyance to convey electors |
| (2) | Supplying transportation by public conveyance to elector |
| UNDUE INFLUENCE AT ELECTIONS | |
| 135(1) | Use of restraint on electors |
| (2) | False representation as to secret vote |
| PERSONATION | |
| 136(1) | Offence of personation |
| (2) | Penalty |
| FALSE VOTING | |
| 137 | Voting without right to vote |
| ILLEGAL APPOINTMENTS | |
| 138 | Fraudulently acting as election officer |
| 139 | Appointment of convicted official |
| PUBLISHING FALSE STATEMENTS | |
| 140 | Publication of false statement |
| 141 | Defamation of candidate |
| OFFENCES AND PENALTIES | |
| 142 | Election material improperly taken |
| 143 | Falsifying poll book or voters' list |
| 144 | Fraudulent acts re ballots |
| 145(1) | Destroying election papers |
| (2) | Abetting |
| 146 | Destroying election posters |
| 147 | Copy of section 146 on all posters |
| 148 | False count of ballots |
| 149 | Election offences |
| 150(1) | Report of conviction for election offence |
| (2) | Record of persons convicted |
| (3) | Notification of returning officer |
| DIVISION II | |
| CONTROVERTED ELECTIONS | |
| 151(1) | Petition questioning elections |
| (2) | By way of petition only |
| 152 | By whom petition presented |
| 153(1) | Who may be respondents |
| (2) | Respondents to petition |
| 154 | To whom petition presented |
| 155(1) | Petition based on election offences |
| (2) | Petition based on other grounds |
| 156 | Security for costs |
| 157(1) | Amount to be fixed by judge |
| (2) | Deposit of security |
| 158(1) | Serving respondent with notice |
| (2) | Method of service |
| 159(1) | Respondent may object within five days |
| (2) | Decision on objection |
| 160 | Objection may be cured |
| 161 | Where no security is given |
| 162 | Petition at issue |
| TRIAL | |
| 163 | Trial of election petition |
| 164(1) | Place of trial |
| (2) | Trial outside municipality |
| 165 | Accommodation for court |
| 166 | Assistance of constables |
| 167 | Evidence of election offence before proof of agency |
| 168 | Proof of not being elected |
| 169 | Trial where respondent out of office |
| 170(1) | Depositions not evidence in other proceedings |
| (2) | Evidence to be taken viva voce |
| IRREGULARITIES IN ELECTION OR SUBSEQUENTLY | |
| 171 | Effect of non-compliance with formalities or of certain irregularities |
| 172(1) | Petition questioning right of member to sit |
| (2) | Time for presenting petition |
| JUDGMENT | |
| 173(1) | Matters to be determined by judge |
| (2) | Voiding of election by election offences |
| (3) | Designation of another person found to be elected |
| (4) | Order respecting new election |
| (5) | Effect of order |
| (6) | Certificate of judge |
| 174(1) | Further report |
| (2) | Conviction under Division I |
| (3) | Combination of reports |
| 175 | Where election offence does not void election |
| 176(1) | Candidate participating in election offences |
| (2) | Where candidate not subject to penalties |
| 177 | Liability of person guilty of election offence |
| 178 | Saving technical or unintentional acts |
| 179 | Acts done pending a petition not invalidated |
| 180 | Election in the place of person unseated |
| 181 | Procedure at new election |
| 182(1) | Disqualification as candidate |
| (2) | Name of disqualified candidate not to be received |
| 183 | Second election not voided by election offences at the first |
| 184 | Employing guilty agent voids election |
| 185(1) | Disqualification cancelled if procured by perjury |
| (2) | Effect of order |
| DISCLAIMER | |
| 186(1) | Disclaimer when permissible, after petition |
| (2) | Envelope to be endorsed |
| 187 | Duplicate to be delivered to clerk |
| 188 | Disclaimer before petition |
| 189 | Disclaimer as a resignation |
| WITHDRAWAL | |
| 190 | Withdrawal of petition |
| 191 | Substituting petitioner |
| 192(1) | Paper to direct old security to stand |
| (2) | New security |
| 193 | Position of new petitioner |
| 194 | Costs on withdrawal |
| 195 | Consent of all petitioners necessary |
| ABATEMENT | |
| 196 | Effect of death of petitioner |
| 197 | Not to affect liability for costs |
| 198(1) | Substitution of new petitioner after abatement |
| (2) | Security |
| DIVISION III GENERAL PROCEDURE | |
| 199 | Procedure |
| 200 | Executory election contracts void |
| COSTS | |
| 201 | Costs of election petition |
| 202(1) | Needless costs |
| (2) | Payment of costs |
| (3) | Scale of costs |
| APPEALS | |
| 203 | Appeals from Court judge |
| PART IV | |
| APPROVAL OF BY-LAWS BY ELECTORS | |
| DIVISION I | |
| PRELIMINARY | |
| 204(1) | Definitions |
| (2) | Application of other provisions |
| 205(1) | Assent of electors, how obtained |
| (2) | Vote taken at time of regular elections |
| 206 | Selection of promoters |
| 207(1) | Promoter's declaration |
| (2) | Admission of promoters to polling place |
| 208 | Exclusion from polling place |
| DIVISION II | |
| POLLING | |
| 209(1) | Voting to be by ballot |
| (2) | Advance polls |
| 210 | Directions for guidance of voters |
| 211(1) | Ballot papers to be printed |
| (2) | Form of ballot |
| 212(1) | Application to be added as an elector |
| (2) | Affidavit and identification required |
| (3) | Name to be added |
| DIVISION III | |
| PROCEDURE AT CLOSE OF POLL | |
| 213(1) | Statement of result |
| (2) | Disposal of copies |
| 214(1) | Objections to ballot papers |
| (2) | To be numbered |
| 215(1) | Deputy returning officer's duties after votes are counted |
| (2) | Packets to be sealed and endorsed |
| (3) | Certificate and declaration of deputy returning officer |
| (4) | Return of ballots boxes and contents by deputy returning officer |
| COUNTING VOTES | |
| 216(1) | Returning officer to cast up votes and declare result |
| (2) | Delivery of boxes to clerk |
| 217 | Returning officer not to have casting vote |
| DIVISION IV | |
| RECOUNT | |
| 218 | Application for recount |
| 219 | Notice of time of recount |
| 220 | Proceedings |
| 221 | Procedure on recount |
| 222 | Powers of judge |
| DIVISION V | |
| GENERAL | |
| 223(1) | Proceedings as at elections of councils |
| (2) | Offences and penalties |
| (3) | Vote on by-law challenged |
| PART V | |
| OFFENCES AND PENALTIES | |
| 224(1) | Penalty for violation of certain provisions |
| (2) | Penalty for violation of further provisions |
| 225 | General penalty |
| 226 | Penalty on non-resident |
| PROSECUTIONS | |
| 227 | Evidence on prosecution for election offences |
| 228 | Fact of election by returning officer's certificate |
| 229 | Intervention in proceedings |
| 230 | Limitation of action |
| 231(1) | No penalty after previous prosecution of accomplice |
| (2) | Proviso |
| 232 | Arrest of non-resident without warrant |
| 233 | Security for costs of election official |
| 234 | Costs |
| ELECTION EXPENSES | |
| Expenses of Candidates | |
| 235 | Elector not disqualified by receiving pay for certain services |
| Expenses of Election Officers | |
| 236 | Expenses incurred by officers to be refunded |
| REGULATIONS | |
| 237(1) | Regulations by Lieutenant Governor in Council |
| (2) | Regulations by minister |