Payments out of C.R.F.

Acquisition of information

71.023 Any expenses incurred by the Chief Electoral Officer to acquire information under subparagraph 71.011(a)(ii) or paragraph 71.014(1)(b) shall be paid out of any unappropriated moneys forming part of the Consolidated Revenue Fund.

Agreements on Giving Information

Provincial bodies

71.024 (1) The Chief Electoral Officer may enter into an agreement with any body responsible under provincial law for establishing a list of electors, governing the giving of information contained in the Register of Electors where that information is needed for establishing such a list.

Conditions

(2) The Chief Electoral Officer may, for the purpose of ensuring the protection of personal information given pursuant to an agreement mentioned in subsection (1), include in the agreement any conditions that the Chief Electoral Officer considers appropriate regarding the use that may be made of that information.

Restriction on use of information

(3) A body to whom information is given pursuant to an agreement mentioned in subsection (1) may use the information only for the purpose of establishing a list of electors for an election or a referendum held under a provincial law.

Valuable consideration

(4) An agreement mentioned in subsection (1) may require valuable consideration to be provided in exchange for the information given.

1993, c. 19, s. 31

23. Section 71.1 of the Act is replaced by the following:

Sending of information

71.1 Forthwith after the issue of the writ, the Chief Electoral Officer shall prepare the preliminary list of electors for each electoral district, and shall send it to each returning officer along with all the other information in the Register of Electors relating to the electors of that electoral district.

1993, c. 19, s. 31

24. Section 71.12 of the Act is replaced by the following:

Distribution of lists

71.12 (1) Each returning officer shall, on receipt of the preliminary list of electors, distribute one printed copy and one electronic copy of it to each candidate in the electoral district who requests them.

Additional copies of preliminary list

(2) Each returning officer shall make the additional copies of the preliminary list that are necessary to revise the list of electors.

1993, c. 19, s. 31

25. The heading before section 71.13 of the Act is replaced by the following:

CONFIRMATION OF REGISTRATION

1993, c. 19, s. 31

26. (1) Subsections 71.13(1) and (2) of the Act are replaced by the following:

Notice of confirmation of registra-
tion - general

(2) Each returning officer shall, as soon as possible after the date of issue of the writ but not later than the twenty-fourth day before polling day, send a notice of confirmation of registration to every elector whose name appears on the preliminary list of electors, except electors

    (a) who are referred to in paragraph 51.1(e);

    (b) who have completed a statement of ordinary residence under section 19 of Schedule II; or

    (c) who are referred to in section 21 of Schedule II.

Notice of confirmation of registra-
tion - after revision

(2.1) Each returning officer shall, as early as possible during the revision period but not later than the fifth day before polling day, send a notice of confirmation of registration to every elector whose name has been put on a list of electors during the revision period, except electors referred to in paragraphs (2)(a) to (c).

1993, c. 19, s. 31

(2) The portion of subsection 71.13(3) of the Act before paragraph (b) is replaced by the following:

Form of notice

(3) The notice of confirmation of registration shall be in the form established by the Chief Electoral Officer, and shall indicate

    (a) the elector's polling station, stating whether or not it provides access in accordance with subsection 105(1);

(3) Section 71.13 of the Act is amended by adding the following after subsection (3):

Particular needs

(4) The notice of confirmation of registration shall invite electors to contact the returning officer if

    (a) they require an interpreter;

    (b) they require level access and their polling station does not have level access; or

    (c) they are physically unable to attend at a polling station.

1993, c. 19, s. 31

27. Sections 71.14 and 71.15 of the Act are replaced by the following:

Revision of preliminary list of electors

71.14 The Chief Electoral Officer shall, as soon as possible following the issue of a writ, fix the commencement date for the revision of the preliminary list of electors. That revision terminates at 6 p.m on the sixth day before polling day.

1993, c. 19, s. 31

28. (1) Subsections 71.16(1) to (6) of the Act are replaced by the following:

Powers of returning officer

(4) The returning officer and assistant returning officer of each electoral district are responsible for revising the preliminary list of electors in that electoral district.

Appointment of revising agents

(5) The returning officer for each electoral district shall, with the approval of the Chief Electoral Officer, appoint the number of revising agents that the returning officer considers necessary for the revision of the preliminary list of electors.

Solicitation of names

(6) Before appointing revising agents, the returning officer shall solicit the names of suitable persons from the registered parties whose candidates finished first and second in the last election in the electoral district and, if sufficient names are not provided by those parties within three days after receipt of the request, the returning officer may solicit names from any other source.

1993, c. 19, s. 31

(2) Subsections 71.16(8) and (9) of the Act are replaced by the following:

Equal distribution

(8) A returning officer shall appoint one half of the revising agents from among the persons nominated by the registered party whose candidate finished first in the last election in the electoral district, and one half from among the persons nominated by the registered party whose candidate finished second in that election.

Oath

(9) Each revising agent shall take an oath in the prescribed form before commencing his or her duties.

1993, c. 19, s. 31

(3) Subsections 71.16(11) to (13) of the Act are replaced by the following:

Replacement

(11) A returning officer may replace a revising agent at any time by appointing another person, and the person who is replaced shall return all election materials in his or her possession to the returning officer.

Identification

(12) Each revising agent shall, while performing his or her functions, wear or carry the identification that is supplied by the Chief Electoral Officer and shall show it on request.

1993, c. 19, s. 31

29. Sections 71.17 to 71.2 of the Act are replaced by the following:

Election officers who are designated to receive applications

71.17 (1) The election officers who are designated to receive applications for additions or corrections to, or deletions from, the list of electors or the Register of Electors for their electoral district are the returning officer, assistant returning officer and revising agents.

Rental of offices

(2) The returning officer may, with the approval of the Chief Electoral Officer, rent one or more offices to be used for the revision of the list of electors.

Applications for registration, correction or deletion

(3) All applications for registration, correction or deletion received by revising agents shall, on completion, be presented to the returning officer or assistant returning officer for his or her approval.

Lists of revising agents

71.2 Each returning officer shall make available to each candidate, on completion, the list of the names of the revising agents for the electoral district.

1993, c. 19, s. 31

30. The portion of section 71.21 of the Act before paragraph (a) is replaced by the following:

Revision of preliminary lists of electors

71.21 Each returning officer shall, without delay, revise the preliminary list of electors for the electoral district in order to

1993, c. 19, s. 31

31. Sections 71.22 to 71.25 of the Act are replaced by the following:

Revising agents to act jointly

71.22 (1) Each pair of revising agents shall act jointly to assist the returning officer in revising the preliminary list of electors.

Disagree-
ment between revising agents

(2) Where a pair of revising agents cannot make a decision because of a disagreement, they shall refer the matter to the returning officer or assistant returning officer for a decision.

Decision binding

(3) The decision of a returning officer or assistant returning officer on a matter of disagreement is binding on the revising agents.

1993, c. 19, s. 31

32. (1) Subsection 71.26(1) of the Act is replaced by the following:

Relevant elector information

71.26 (1) The returning officer or assistant returning officer may add the name of any elector to the list of electors where

    (a) the elector completes the prescribed registration form, establishes that the elector should be included on the list, and provides satisfactory proof of identity;

    (b) another elector who lives at the same residence as the elector completes the prescribed registration form, establishes that the elector should be included on the list, and provides satisfactory proof of identity in respect of that elector; or

    (c) another elector who does not live at the same residence as the elector completes the form for the elector, establishes that the elector should be included on the list, and provides

      (i) a written authorization from the elector allowing him or her to complete the form for the elector, and

      (ii) satisfactory proof of identity in respect of the elector and in respect of himself or herself.

(2) Section 71.26 of the Act is amended by adding the following after subsection (1):

Exclusion from Register of Electors

(1.1) An elector whose name is added to the list of electors under paragraph (1)(a) may request that his or her name not be included in the Register of Electors.

Change of address

(1.2) Subject to subsection (4), where an elector whose name is added to the list of electors under subsection (1) has changed addresses since being listed in the Register of Electors,

    (a) the elector, or

    (b) the other elector referred to in paragraph (1)(b) or (c),

as the case may be, shall give the elector's previous address, and the elector's name shall thereupon be deleted from the Register of Electors in relation to the previous address.

1993, c. 19, s. 31

(3) The portion of subsection 71.26(2) of the Act before paragraph (b) is replaced by the following:

Deletion of name by returning officer or assistant returning officer

(2) The returning officer or assistant returning officer may delete the name of a person on the list of electors where

    (a) the person requests it and provides satisfactory proof of identity in respect of himself or herself;

1993, c. 19, s. 31

(4) Subsection 71.26(2) of the Act is amended by striking out the word ``or'' at the end of paragraph (b), by adding the word ``or'' at the end of paragraph (c) and by adding the following after paragraph (c):

    (d) it is established that the elector no longer resides at the address indicated on the list.

1993, c. 19, s.31

(5) Subsection 71.26(3) of the Act is replaced by the following:

Corrections

(3) The returning officer or assistant returning officer may approve corrections that he or she considers appropriate to the information regarding an elector on the list of electors where

    (a) the elector has requested the correction under subsection 71.17(3); or

    (b) there is an omission, inaccuracy or error.

Address change within electoral district

(4) An elector who changes addresses within an electoral district may, by telephone or otherwise, on providing satisfactory proof of identity to one of the election officers mentioned in subsection 71.17(1), have the relevant corrections made to the list of electors. This may also be done by another elector who lives at the same residence, on providing satisfactory proof of identity in respect of the elector in question.

1993, c. 19, s. 31

33. Sections 71.27 and 71.28 of the Act are replaced by the following:

Objection by elector

71.28 (1) No later than the fourteenth day before polling day, an elector whose name appears on the list of electors for a polling division may make an objection before the returning officer respecting the inclusion of the name of another person on the list for that elector's electoral district.

Affidavit of objection

(2) An elector who wishes to make an objection shall complete an affidavit of objection in the prescribed form, alleging that another person whose name appears on the list of electors is not qualified to vote, and shall submit the affidavit to the returning officer.

Notice to be sent to person objected to

(3) The returning officer shall, on the day of receipt of an affidavit of objection or on the following day, send to the person objected to, at the person's address given on the preliminary list and also at any other address given on the affidavit, a notice in the prescribed form advising the person referred to in the affidavit that he or she may

    (a) appear personally or by representative before the returning officer at a specified time no later than the eleventh day before polling day; or

    (b) send the returning officer, before that time, proof that the person is qualified as an elector.

Notice to candidates

(4) The returning officer shall, as soon as possible, send to each candidate in the electoral district a copy of the notice referred to in subsection (3).

Presence of candidates' represen-
tatives

(5) If the person objected to decides to appear before the returning officer pursuant to paragraph (3)(a), the returning officer shall permit one representative of each candidate in the electoral district to be present, but no such representative, except with the permission of the returning officer, has any right to intervene.

1993, c. 19, s. 31

34. (1) Subsection 71.29(1) of the Act is replaced by the following:

Objection by person

71.29 (1) Where an objection is made in respect of the affidavit of objection taken pursuant to subsection 71.28(2), notice of which has been sent by the returning officer to the person objected to, the returning officer may examine, on oath, the elector making the objection, the person against whom the objection is made, where that person wishes to present his or her position, and any witness present, and make a decision on the basis of the information so obtained.

1993, c. 19, s. 31

(2) Subsections 71.29(4) and (5) of the Act are replaced by the following:

Elector to substantiate case

(4) The non-attendance before the returning officer, or the failure to send proof that the person is qualified as an elector, at the time an objection is dealt with, of the person against whom the objection is made does not relieve the elector making the objection from substantiating, in the absence of evidence to the contrary, a case that is considered by the returning officer sufficient to establish the fact that the name of the person objected to improperly appears on the list of electors.