Bill C-399
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1st Session, 36th Parliament, 46-47 Elizabeth II, 1997-98
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The House of Commons of Canada
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BILL C-399 |
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An Act to amend the Elections Act
(appointment of election officers)
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| R.S., c. E-2;
R.S., c. 27 (1st
Supp.), c. 27
(2nd Suppl.);
1989, c. 28;
1990, cc. 16,
17; 1991, cc.
11, 47; 1992,
cc. 1, 21, 51;
1993, cc. 19,
28; 1994, c.
26; 1995, c. 5;
1996, cc. 26,
35
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1. Subsection 14(1) of the Elections Act is
replaced by the following:
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| Existing
appointments
of returning
officers void
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14. (1) The appointment of every returning
officer in office on the day before this
subsection comes into force is void.
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| Appointment
of returning
officers
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(1.1) The Chief Electoral Officer shall
appoint a returning officer for every electoral
district, subject to section 302.
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2. The portion of subsection 15(1) of the
Act before paragraph (a) is replaced by the
following:
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| Appointment
of assistant
returning
officers
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15. (1) The Chief Electoral Officer shall
appoint in writing an assistant returning
officer for every electoral district, within sixty
days after a returning officer has been
appointed for that district, after consultation
with the returning officer and subject to
section 302, who shall be a person
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3. The portion of subsection 14(3) of the
Act before paragraph (a) is replaced by the
following:
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| Removal from
office
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(3) The Chief Electoral Officer may remove
from office, for cause, any returning officer
who
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4. Subsection 14(4) of the Act is replaced
by the following:
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| List in
Canada
Gazette
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(4) The Chief Electoral Officer shall
publish in the Canada Gazette, between
January 1 and January 20 of each year, a list of
the names, addresses and occupations of the
returning officers for every electoral district in
Canada.
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5. Section 16 of the Act is replaced by the
following:
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| Appointment
of substitute
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16. (1) Where an assistant returning officer
dies, resigns, becomes disqualified or
incapable of acting or refuses to act or is
removed from office for any other reason, the
Chief Electoral Officer shall at once appoint a
substitute who, on appointment shall take the
oath as required by subsection 15(2).
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| Resignation
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(2) An assistant returning officer who
intends to resign shall give written notice of
the resignation to the Chief Electoral Officer
and the returning officer for the electoral
district.
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6. Subsection 17(5) of the Act is repealed.
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7. Subsections 18(1) and (2) of the Act are
replaced by the following:
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| Designation
of areas
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18. (1) On request by a returning officer of
any electoral district, the Chief Electoral
Officer may designate areas in that electoral
district.
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| Additional
assistant
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(2) The Chief Electoral Officer shall
appoint an assistant returning officer for each
area designated under subsection (1), in
accordance with subsection 15(1).
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8. Subsection 95(1) of the Act is replaced
by the following:
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| Deputy
returning
officers
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95. (1) As soon as convenient after the issue
of the writ, the Chief Electoral Officer shall,
in the prescribed form, appoint one deputy
returning officer for each polling station in the
electoral district, in accordance with section
302.
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9. Subsection 96(1) of the Act is replaced
by the following:
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| Replacing
deputies
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96. (1) The Chief Electoral Officer may
relieve any deputy returning officer of his
duties and appoint another person to perform
those duties, in accordance with section 302.
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10. Subsection 97(1) of the Act is replaced
by the following:
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| Poll clerks
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97. (1) As soon as convenient after the issue
of the writ, the Chief Electoral Officer shall,
in the prescribed form, appoint one poll clerk
for each polling station in the electoral
district, in accordance with section 302.
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11. Sections 97.1 to 97.3 of the Act are
repealed.
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12. Subsections 98(2) and (3) of the Act
are replaced by the following:
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| Late
substitutes
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(2) Where, during the 48 hours preceding
the opening of the poll, a deputy returning
officer or poll clerk dies or refuses or becomes
unable to act, the returning officer shall
appoint, in the prescribed form, another
person to fulfil the duties, subject to the
conditions for appointment of election
officers provided in section 302, and shall
promptly advise the Chief Electoral Officer of
the appointment and the reasons therefor.
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| Poll clerk as
deputy
returning
officer if no
substitute
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(3) If no appointment of a substitute deputy
returning officer is made under subsection (1),
the poll clerk shall act as deputy returning
officer without taking another oath of office
and appoint in writing a person to act as poll
clerk, so far as is possible, subject to the
conditions for appointment of election
officers provided in section 302, who shall
take the oath of office.
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13. Subsection 302(1) of the Act is
amended by adding the following after
paragraph (c):
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