Bill C-63
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Payments out of C.R.F. |
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| Acquisition of
information
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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.
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Agreements on Giving Information |
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| Provincial
bodies
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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.
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| Conditions
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(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.
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| Restriction on
use of
information
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(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.
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| Valuable
consideration
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(4) An agreement mentioned in subsection
(1) may require valuable consideration to be
provided in exchange for the information
given.
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| 1993, c. 19,
s. 31
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23. Section 71.1 of the Act is replaced by
the following:
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| Sending of
information
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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.
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| 1993, c. 19,
s. 31
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24. Section 71.12 of the Act is replaced by
the following:
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| Distribution
of lists
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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.
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| Additional
copies of
preliminary
list
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(2) Each returning officer shall make the
additional copies of the preliminary list that
are necessary to revise the list of electors.
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| 1993, c. 19,
s. 31
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25. The heading before section 71.13 of
the Act is replaced by the following:
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CONFIRMATION OF REGISTRATION |
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| 1993, c. 19,
s. 31
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26. (1) Subsections 71.13(1) and (2) of the
Act are replaced by the following:
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| Notice of
confirmation
of registra- tion - general
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(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
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| Notice of
confirmation
of registra- tion - after revision
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(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).
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| 1993, c. 19,
s. 31
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(2) The portion of subsection 71.13(3) of
the Act before paragraph (b) is replaced by
the following:
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| Form of
notice
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(3) The notice of confirmation of
registration shall be in the form established by
the Chief Electoral Officer, and shall indicate
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(3) Section 71.13 of the Act is amended by
adding the following after subsection (3):
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| Particular
needs
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(4) The notice of confirmation of
registration shall invite electors to contact the
returning officer if
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| 1993, c. 19,
s. 31
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27. Sections 71.14 and 71.15 of the Act are
replaced by the following:
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| Revision of
preliminary
list of electors
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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.
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| 1993, c. 19,
s. 31
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28. (1) Subsections 71.16(1) to (6) of the
Act are replaced by the following:
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| Powers of
returning
officer
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(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.
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| Appointment
of revising
agents
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(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.
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| Solicitation of
names
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(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.
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| 1993, c. 19,
s. 31
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(2) Subsections 71.16(8) and (9) of the Act
are replaced by the following:
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| Equal
distribution
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(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.
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| Oath
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(9) Each revising agent shall take an oath in
the prescribed form before commencing his or
her duties.
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| 1993, c. 19,
s. 31
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(3) Subsections 71.16(11) to (13) of the
Act are replaced by the following:
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| Replacement
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(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.
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| Identification
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(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.
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| 1993, c. 19,
s. 31
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29. Sections 71.17 to 71.2 of the Act are
replaced by the following:
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| Election
officers who
are designated
to receive
applications
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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.
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| Rental of
offices
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(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.
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| Applications
for
registration,
correction or
deletion
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(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.
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| Lists of
revising
agents
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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.
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| 1993, c. 19,
s. 31
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30. The portion of section 71.21 of the Act
before paragraph (a) is replaced by the
following:
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| Revision of
preliminary
lists of
electors
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71.21 Each returning officer shall, without
delay, revise the preliminary list of electors for
the electoral district in order to
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| 1993, c. 19,
s. 31
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31. Sections 71.22 to 71.25 of the Act are
replaced by the following:
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| Revising
agents to act
jointly
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71.22 (1) Each pair of revising agents shall
act jointly to assist the returning officer in
revising the preliminary list of electors.
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| Disagree- ment between revising agents
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(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.
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| Decision
binding
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(3) The decision of a returning officer or
assistant returning officer on a matter of
disagreement is binding on the revising
agents.
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| 1993, c. 19,
s. 31
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32. (1) Subsection 71.26(1) of the Act is
replaced by the following:
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| Relevant
elector
information
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71.26 (1) The returning officer or assistant
returning officer may add the name of any
elector to the list of electors where
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(2) Section 71.26 of the Act is amended by
adding the following after subsection (1):
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| Exclusion
from Register
of Electors
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(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.
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| Change of
address
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(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,
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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.
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| 1993, c. 19,
s. 31
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(3) The portion of subsection 71.26(2) of
the Act before paragraph (b) is replaced by
the following:
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| Deletion of
name by
returning
officer or
assistant
returning
officer
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(2) The returning officer or assistant
returning officer may delete the name of a
person on the list of electors where
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| 1993, c. 19,
s. 31
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(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):
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| 1993, c. 19,
s.31
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(5) Subsection 71.26(3) of the Act is
replaced by the following:
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| Corrections
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(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
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| Address
change within
electoral
district
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(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.
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| 1993, c. 19,
s. 31
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33. Sections 71.27 and 71.28 of the Act are
replaced by the following:
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| Objection by
elector
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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.
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| Affidavit of
objection
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(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.
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| Notice to be
sent to person
objected to
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(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
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| Notice to
candidates
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(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).
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| Presence of
candidates'
represen- tatives
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(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.
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| 1993, c. 19,
s. 31
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34. (1) Subsection 71.29(1) of the Act is
replaced by the following:
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| Objection by
person
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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.
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| 1993, c. 19,
s. 31
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(2) Subsections 71.29(4) and (5) of the Act
are replaced by the following:
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| Elector to
substantiate
case
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(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.
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