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| Lapsing
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(2) Where a petition that has been submitted
again under subsection (1) is not certified
correct by the Clerk, it lapses and may not be
submitted again under this section.
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| Speaker reads
petition to the
House
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17. On receiving from the Clerk a referen
dum petition certified correct under paragraph
14(1)(a), the Speaker shall lay the petition
before the House on the next day on which the
House sits, and the Clerk shall read the
petition to the House.
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| Date of
referendum
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18. (1) Where a petition is laid before the
House of Commons pursuant to section 17, the
Governor in Council shall, within thirty days,
by order in council published in the Canada
Gazette, fix a day on which the referendum is
to be held.
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| Date of
referendum
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(2) The referendum shall be held within
twelve months after the date on which the
referendum petition was laid before the House
of Commons.
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| Deferral
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(3) Notwithstanding subsection (1) or (2), if
the House of Commons, within ninety days
after the date on which the petition has been
laid before it, passes a resolution deferring the
holding of the referendum and fixing a date to
hold it not earlier than twelve months and not
later than twenty-four months after the date on
which it was laid before the House, the
referendum shall be held on the date so fixed.
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| Special
majority
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(4) A resolution under subsection (2) must
be approved by no less than seventy per cent
of the total membership of the House.
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| Subsequent
election call
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(5) If, after an order in council has been
made under subsection (1), and before the
referendum is held, a writ for a general
election is issued under the Canada Elections
Act, the Governor in Council shall, by order in
council published in the Canada Gazette,
revoke the order in council made under
subsection (1) and fix the polling day for the
general election as the day on which the
referendum is to be held.
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| Delegation of
functions of
Clerk
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19. The Clerk shall not delegate to any
person other than the Deputy Clerk of the
House of Commons any of the Clerk's func
tions under this Act.
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REFERENDUM REVIEW COUNCIL |
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| Council
established
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20. (1) There is hereby established a
Council to be known as the Referendum
Review Council, consisting of three judges of
the Federal Court appointed by the Chief
Justice of the Court, one of whom shall be
named as Chair by the Chief Justice.
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| Member
unable to act
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(2) In the event that one member of the
Council is unable to act, the Chief Justice shall
appoint another judge of the Court as a
replacement.
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| Jurisdiction of
the Council
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21. The Council has exclusive jurisdiction
to hear any judicial proceeding relating to this
Act and to the application of this Act.
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| Decision final
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22. A decision of the Council is final and not
subject to appeal.
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| Decisions of
the Council
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23. (1) Every constitutional amendment or
proposed legislation certified by the Clerk
under section 14 shall be placed forthwith
before the Council for a decision as to
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| Result of
Council
decisions
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(2) If the Council determines that any
constitutional amendment is not subject to the
amending formula selected by the petitioner,
the Council shall substitute the appropriate
amending formula.
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| Notwith- standing clause
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(3) If the Council determines that any bill
would require that section 33 of the Canadian
Charter of Rights and Freedoms be invoked,
the ballot shall be altered so as to contain the
wording specified in subsection 4(2).
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| Similar
matters
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(4) If the Council determines that any
constitutional amendment is substantially
similar to another legislative proposal or
amendment initiated by petition that has been
certified by the Clerk under section 14, but has
not yet been determined by referendum, the
one with the lesser number of valid signatures
shall not be determined by referendum.
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| Exception
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(5) Subsection (4) does not apply if the other
legislative proposal or amendment is to be put
to a referendum within ninety days.
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| Decision
within thirty
days
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(6) The Council shall render a decision on
a matter before it within thirty days from the
date the matter comes to the Council.
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| Absence of
decision
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(7) In the absence of a decision by the
Council within the thirty days referred to in
subsection (6), the subject of the referendum
is deemed, for purposes of being placed on the
ballot,
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| Decisions
public
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24. A decision of the Council shall be in
writing and shall be immediately made public
by the Council.
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| Powers of
Council
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25. The Council has the powers of a judge
of the Federal Court.
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REFERENDUM |
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| Canada
Elections Act
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26. Subject to the provisions of this Act,
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| Order for writ
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27. For every referendum, the Governor in
Council shall, at least twenty-eight days
before the date appointed for the holding of
the referendum, by order direct the Chief
Electoral Officer to proceed forthwith to issue
writs for the holding of the referendum.
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| Issue of writ
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28. (1) The Chief Electoral Officer shall,
within three days after the receipt of an order
pursuant to section 27, issue a writ for the
referendum to the returning officer of each
electoral district.
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| Latest day for
return
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(2) The latest day for the return of the writ
shall be stated in the writ and shall be the
fiftieth day after the issue of the writ.
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| Preliminary
list of electors
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29. (1) Subject to the provisions of this Act,
the official list of electors for the time being in
force under the Canada Elections Act shall be
deemed to be the preliminary list of electors
for the purpose of the referendum.
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| Enumeration
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(2) Where the polling day at a referendum
is within one year after the polling day at an
election or previous referendum, no enumera
tion shall be made for the purposes of the
subsequent referendum unless the Chief Elec
toral Officer otherwise directs.
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| Revision
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(3) The preliminary list of electors shall be
subject to revision under the provisions of the
Canada Elections Act.
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| Official list
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30. The preliminary list of electors, togeth
er with any revisions and additions, as certi
fied by the returning officer, shall be the
official list of electors to be used for the taking
of votes on polling day in a referendum.
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| Scrutineers
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31. Any ten or more electors in an electoral
district who are in favour of one answer to the
question may nominate two persons to appoint
a scrutineer to act at each polling station in the
electoral district in the interest of the electors
who are in favour of that answer.
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| Nomination
paper
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32. Subject to section 60, the nomination
paper shall be in a form prescribed by the
Chief Electoral Officer.
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| Nomination
paper lodged
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33. The nomination paper shall be delivered
to the returning officer of each electoral
district no later than the twelfth day before the
day on which the referendum is to be held, and
shall be open to public inspection.
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| Persons to
appoint
scrutineers
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34. On a day to be publicly announced by
the returning officer of the electoral district,
being not earlier than the tenth nor later than
the fifth day before the day on which the
referendum is to be held, the returning officer
shall publicly consider all the nomination
papers received, and, after hearing all objec
tions, make a selection, in the prescribed form,
of two fit persons for each polling station to
appoint a scutineer for those favouring one
answer and two for the polling station to
appoint a scutineer for those favouring the
other answer.
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| Appointment
of scrutineers
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35. The persons selected by the returning
officer shall appoint the scrutineers in writing,
subject to section 60 of this Act, in a form
prescribed by the Chief Electoral Officer.
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| Powers and
rights of
scrutineers
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36. Every scrutineer so appointed shall, for
the purposes of the referendum, have all the
powers and rights of a scrutineer under the
Canada Elections Act.
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| Powers and
rights of
scrutineers
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37. Without limiting the generality of
section 36, a scrutineer
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| Remunera- tion of scrutineers
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38. A scrutineer shall not receive remunera
tion paid from public money.
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| Application to
justice for
recount
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39. (1) If the result of a referendum in any
electoral district is disputed on the ground that
the public declaration by the returning officer
in accordance with subsection 168(2) of the
Canada Elections Act was incorrect, any six
voters may, within three working days after
the public declaration, apply to a justice of the
superior court with jurisdiction in the electoral
district for a recount of the votes.
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| Deposit
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(2) An application under subsection (1)
shall be accompanied by a deposit of two
hundred dollars.
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| Recount
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(3) The justice shall cause a recount of the
votes to be commenced within three working
days of receiving the application, and shall
give notice in writing to the applicants and to
any scrutineers appointed under section 35 of
the time and place at which the recount will be
held.
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| Canada
Elections Act
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(4) Section 118 and sections 175 to 184 of
the Canada Elections Act, so far as they are
applicable and with the necessary modifica
tions, apply to a recount.
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| Endorsement
and return of
the writ
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40. (1) The returning officer shall endorse
on the writ the total number of valid votes
recorded for each of the two answers to the
question, and having signed the endorsement,
shall forthwith transmit the writ to the Chief
Electoral Officer.
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| Date of
endorsement
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(2) The date of the endorsement shall be
deemed to be the day of the return of the writ.
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| Return of writ
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(3) Subject to subsection (4), the writ shall
be returned within the time specified in the
writ for its return.
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| Recount
anticipated
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(4) Where it appears to the returning officer
that an application for a recount of the votes
may be made, the returning officer may
postpone the return of the writ until the time
for making the application has expired, and, if
within that time application is made, shall
further postpone the return of the writ until the
recount has been completed.
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| Publication of
result
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41. (1) As soon as may be convenient
following the return of the writs, the Chief
Electoral Officer shall publish in the Canada
Gazette the total number of valid votes
recorded for each of the two answers to the
question, and, in respect of each electoral
district, the total number of valid votes
recorded for each of the two answers to the
question and shall give the Minister of Justice
written notice of the numbers published in the
Canada Gazette.
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| Minister lays
before House
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(2) The Minister of Justice shall, as soon as
practicable, lay before the House of Commons
a copy of the notice received pursuant to
subsection (1).
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| Writs sent to
Clerk
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(3) The Chief Electoral Officer shall send to
the Clerk the writs that have been returned.
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PUBLICITY |
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| Definition
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42. (1) In this section, ``referendum period''
means the period from the day after the date of
the publication in the Canada Gazette of the
notice of the referendum required by subsec
tion 18(1) to the day before the day on which
the referendum is held.
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| Publicity for
the
referendum
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(2) No person shall, at any time in the
referendum period, publish or cause or permit
to be published in any way or broadcast or
cause or permit to be broadcast by radio or
television any advertisement used or appear
ing to be used in connection with the referen
dum petition or to promote one of the answers
to the question in the referendum, unless the
advertisement contains a statement setting out
the true name of the person for whom or at
whose direction it is published or broadcast
and the address and phone number at which
the person or organization may be reached.
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| Offence
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(3) Every person who contravenes subsec
tion (2) commits an offence and is liable on
summary conviction to a fine not exceeding
$50,000.
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| News or
broadcast
publication
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(4) Nothing in this section shall restrict the
publication of any news or comments relating
to the referendum petition or the referendum
in a newspaper or other periodical or by radio
or television broadcast by a broadcaster.
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| Returns in
relation to
advertise- ments
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43. (1) Every person for whom or at whose
direction an advertisment in relation to a
referendum petition or referendum is pub
lished or broadcast must, within one month
after the day of the publication of the Canada
Gazette in which the result of the referendum
is published, make a return to the returning
officer for the district in which the advertise
ment was published or broadcast, stating
where every advertisement was published or
broadcast and its cost.
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| Penalty
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(2) Every person who contravenes subsec
tion (1) or who makes a return that is false in
any material particular commits an offence
and is liable on summary conviction to a fine
not exceeding $50,000.
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| Duty of
returning
officer
|
44. (1) The returning officer is responsible
for requiring compliance with sections 42 and
43.
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| Report to
RCMP
|
(2) A returning officer who believes that
any person has committed an offence under
sections 42 and 43 shall report the facts on
which the belief is based to the Royal
Canadian Mounted Police.
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| Return open
for public
inspection
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45. (1) Every return under section 43 shall
be kept by the returning officer in the returning
officer's office, or at some other convenient
place to be appointed by the Minister of
Justice, for one year after it has been received
by the returning officer and shall be made
available for inspection by any person on
payment of such charge as may be made for
inspection of a document under the Access to
Information Act.
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| Destruction
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(2) At the end of the period specified in
subsection (1), the returning officer shall
cause the return to be destroyed.
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| Transmission
to Chief
Electoral
Officer
|
46. (1) The returning officer shall, as soon
as practicable after receiving a return under
section 43, send a copy of the return to the
Chief Electoral Officer.
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| Copy retained
available for
inspection
|
(2) The Chief Electoral Officer shall retain
the copy for five years from the date of
receiving it and shall make it available for
inspection by any person on payment of the
charge for inspecting a document under the
Access to Information Act.
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| Destruction
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(3) At the end of the period provided in
subsection (2), the Chief Electoral Officer
shall cause the copy of the return to be
destroyed.
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