|
|
Objection Procedure |
|
| Objection by
elector
|
103. (1) No later than the 14th day before
polling day, an elector whose name appears on
a list of electors for an electoral district may
make an objection before the returning officer
respecting the inclusion of the name of
another person on a list of electors for that
electoral district.
|
|
| Affidavit of
objection
|
(2) An elector who wishes to make an
objection under subsection (1) shall complete
an affidavit of objection in the prescribed
form, alleging that the other person is not
entitled to vote in that electoral district, 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 on
which he or she receives an affidavit of
objection or on the following day, send to the
person objected to, at his or her address given
on the list of electors and also at any other
address given on the affidavit, a notice in the
prescribed form advising the person that he or
she may give evidence to show that he or she
is entitled to vote in the electoral district in
question by
|
|
|
|
|
|
|
|
|
|
| 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'
representa- tives
|
(5) If the person objected to decides to
appear before the returning officer under
paragraph (3)(a), the returning officer shall
permit one representative of each candidate in
the electoral district to be present, but no
representative has the right to intervene,
except with the permission of the returning
officer.
|
|
| Examination
by returning
officer
|
104. (1) When an objection is made under
subsection 103(1), the returning officer may
examine on oath the elector who made the
objection, the person against whom it was
made - if that person wishes to present their
position - and any witness present, and
make a decision on the basis of the
information so obtained.
|
|
| Evidence
|
(2) The onus of presenting sufficient
evidence to warrant the deletion of a name
from a list of electors is on the elector who
makes the objection.
|
|
| Elector to
substantiate
case
|
(3) The non-attendance before the returning
officer at the time an objection is dealt with,
or the failure of the person against whom the
objection is made to send proof that he or she
is entitled to vote in the electoral district, does
not relieve the elector who makes the
objection from proving, to the returning
officer on a balance of probabilities, that the
name of the person objected to should not
appear on the list of electors.
|
|
| Outcome of
objection
|
(4) After an objection is dealt with by the
returning officer, he or she shall either delete
the name of the person objected to from the list
of electors on which the name appears or allow
the name to stay on that list.
|
|
|
|
Revised Lists of Electors and Official Lists of Electors |
|
| Revised list of
electors
|
105. (1) Each returning officer shall, on the
11th day before polling day, prepare a revised
list of electors for each polling division in the
electoral district for use at the advance poll.
|
|
| Publication of
revised lists
|
(2) The Chief Electoral Officer shall, not
later than the 7th day before polling day,
determine the number of names appearing on
the revised lists of electors for each electoral
district and cause that information to be
published in the Canada Gazette.
|
|
| Official list of
electors
|
106. Each returning officer shall, on the 3rd
day before polling day, prepare the official list
of electors for each polling division for use on
polling day.
|
|
| Form of lists
|
107. (1) The revised list of electors and
official list of electors for each polling
division shall be in the form established by the
Chief Electoral Officer.
|
|
| Transmittal of
lists
|
(2) Each returning officer shall deliver to
the deputy returning officers the revised lists
of electors or official lists of electors, as the
case may be, that the deputy returning officers
need to conduct the vote in their respective
advance polling stations or polling stations.
The lists shall indicate the sex of each elector.
|
|
| Copies to
candidates
|
(3) Each returning officer shall deliver to
each candidate a printed copy and a copy in
electronic form of the revised lists of electors
and the official lists of electors.
|
|
| Extra copies
|
(4) On the request of a candidate, the
returning officer may provide a maximum of
four additional printed copies of the revised
lists of electors and the official lists of
electors.
|
|
|
|
Merger of Polling Divisions |
|
| Merger of
polling
divisions
|
108. (1) After the end of the revision period,
the returning officer may, with the prior
approval of the Chief Electoral Officer, merge
a polling division with an adjacent polling
division in the same electoral district.
|
|
| Official list
|
(2) The lists of electors for the merging
polling divisions are deemed to be the official
list of electors for the polling division that
results from the merger.
|
|
|
|
Final Lists of Electors |
|
| Final list of
electors
|
109. (1) The Chief Electoral Officer shall,
without delay after polling day, prepare final
lists of electors for each electoral district.
|
|
| Delivery of
final lists to
member and
parties
|
(2) The Chief Electoral Officer shall deliver
a printed copy and a copy in electronic form
of the final lists of electors for each electoral
district to each registered party that endorsed
a candidate in the electoral district and to the
member who was elected for the electoral
district.
|
|
| Extra copies
|
(3) On the request of a candidate, the Chief
Electoral Officer may provide a maximum of
four additional printed copies of the final lists
of electors.
|
|
|
|
Use of Lists of Electors |
|
| Registered
parties
|
110. (1) A registered party that, under
section 45 or 109, receives a copy of lists of
electors or final lists of electors, respectively,
may use the lists for communicating with
electors, including using them for soliciting
contributions and recruiting party members.
|
|
| Members
|
(2) A member who, under section 45 or 109,
receives a copy of lists of electors or final lists
of electors, respectively, may use the lists for
|
|
|
|
|
|
|
|
|
|
| Candidates
|
(3) A candidate who receives a copy of
preliminary lists of electors under section 94,
or a copy of revised lists of electors or official
lists of electors under subsection 107(3), may
use the lists for communicating with his or her
electors during an election period, including
using them for soliciting contributions and
campaigning.
|
|
|
|
Prohibitions |
|
| Prohibitions
in relation to
lists of
electors
|
111. No person shall
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
PART 8 |
|
|
|
PREPARATION FOR THE VOTE |
|
|
|
List of Deputy Returning Officers |
|
| List of
deputies to
candidates
|
112. (1) A returning officer shall, at least
three days before polling day, post in his or her
office, and provide to each candidate or
candidate's representative, a list of the names
and addresses of all the deputy returning
officers and poll clerks appointed to act in the
electoral district, with the number of the
polling station at which each is to act.
|
|
| Access to list
|
(2) The returning officer shall permit access
to, and give full opportunity for the inspection
of, the list referred to in subsection (1) by
interested persons at any reasonable time.
|
|
|
|
Election Materials |
|
| Delivery to
returning
officers
|
113. The Chief Electoral Officer, at any
time before the issue of the writ or
immediately after the issue of it, shall deliver
to the returning officer sufficient quantities of
election materials and the necessary
instructions for the election officers to
perform their duties.
|
|
| Ballot boxes
|
114. (1) The Chief Electoral Officer shall
provide the returning officer with the
necessary ballot boxes.
|
|
| Material of
ballot box
|
(2) Each ballot box shall be of the size and
shape and made of the material determined by
the Chief Electoral Officer and be constructed
to allow seals for the use of the returning
officers and deputy returning officers to be
affixed.
|
|
| Ballot paper
|
115. (1) As soon as possible after the issue
of the writ, the Chief Electoral Officer shall
provide the returning officer with the paper on
which the ballots are to be printed. The weight
and opacity of the paper shall be determined
by the Chief Electoral Officer.
|
|
| Printing
material
|
(2) Before the closing day for nominations,
the Chief Electoral Officer shall deliver to
every returning officer the printing material
prepared for that election for the purpose of
printing the year and the name of the electoral
district on the back of the ballot.
|
|
| Ballot printed
in Form 3
|
116. (1) The returning officer shall, as soon
as possible after 2:00 p.m. on the 19th day
before polling day, authorize the printing of a
sufficient number of ballots in Form 3 of
Schedule 1.
|
|
| Form of ballot
|
(2) Ballots shall have a counterfoil and a
stub, with a line of perforations between the
ballot and the counterfoil and between the
counterfoil and the stub.
|
|
| Numbering of
ballots
|
(3) The ballots shall be numbered on the
back of the stub and the counterfoil, and the
same number shall be printed on the stub as on
the counterfoil.
|
|
| Books of
ballots
|
(4) Ballots shall be in books containing an
appropriate number of ballots.
|
|
| Obligation re:
ballots, ballot
paper
|
(5) Each printer shall return all of the ballots
and all of the unused paper on which the
ballots were to have been printed, to the
returning officer.
|
|
| Printer's name
and affidavit
|
(6) Ballots shall bear the name of the printer
who, on delivering them to the returning
officer, shall include an affidavit in the
prescribed form that sets out a description of
the ballots, the number of ballots delivered to
the returning officer and the fact that all
ballots were provided, and all paper returned,
as required by subsection (5).
|
|
| Information
on the ballot
|
117. (1) Ballots shall contain the names of
candidates, arranged alphabetically, taken
from their nomination papers.
|
|
| Name of party
|
(2) The name, in the form referred to in
paragraph 366(2)(b), of the registered party
that has endorsed the candidate shall be listed
on the ballot under the name of the candidate
if
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Designation
of candidate
as
independent
|
(3) The word ``independent'' shall be listed
on the ballot under the name of a candidate
who has requested it in accordance with
subparagraph 66(1)(a)(v).
|
|
| Political
affiliation not
to be set out
|
(4) Neither the word ``independent'' nor
any other political affiliation is to be set out
under the name of a candidate on the ballot if
|
|
|
|
|
|
|
|
|
|
| Address or
occupation on
ballot
|
(5) The ballot shall list under the
candidate's name the address or occupation of
a candidate who makes a written request to
that effect to the returning officer before 5:00
p.m on the closing day for nominations, if the
candidate and another candidate on the ballot
have the same name and both candidates have
chosen under subparagraph 66(1)(a)(v) to
either have the word ``independent'' or no
designation of political affiliation under their
names in election documents.
|
|
| Property of
Her Majesty
|
118. Ballot boxes, ballots, envelopes and
marking instruments procured for an election
are the property of Her Majesty.
|
|