Bill C-2
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
|
DIVISION 9 |
|
|
Prohibitions
|
|
Prohibitions
- inside or
outside
Canada
|
281. No person shall, inside or outside
Canada,
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Prohibitions
- outside
Canada
|
282. No person shall, outside Canada,
|
|
|
|
|
|
|
|
|
PART 12 |
|
|
COUNTING VOTES |
|
|
Polling Stations |
|
Counting the
votes
|
283. (1) Immediately after the close of a
polling station, the deputy returning officer
shall count the votes in the presence of the poll
clerk and any candidates or their
representatives who are present or, if no
candidates or representatives are present, in
the presence of at least two electors.
|
|
Tally sheets
|
(2) The deputy returning officer shall
supply the poll clerk and all the persons
referred to in subsection (1) who are present
and who so request with a tally sheet to keep
their own score of the voting.
|
|
Steps to
follow
|
(3) The deputy returning officer shall, in the
following order,
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Rejection of
ballots
|
284. (1) In examining the ballots, the
deputy returning officer shall reject one
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Limitation
|
(2) No ballot shall be rejected by reason
only that the deputy returning officer placed
on it any writing, number or mark, or failed to
remove the counterfoil.
|
|
Counterfoils
remaining
attached
|
(3) When a ballot is found with the
counterfoil attached, the deputy returning
officer shall, while concealing the number on
it from all persons present and without
examining it, remove and destroy the
counterfoil.
|
|
Ballots not
initialled by
deputy
returning
officer
|
285. If the deputy returning officer
determines that he or she has failed to initial
a ballot, the deputy returning officer shall, in
the presence of the poll clerk and witnesses,
initial and count the ballot if he or she is
satisfied that
|
|
|
|
|
|
|
|
Objections to
ballots
|
286. (1) The deputy returning officer shall
keep a record, in the prescribed form, of every
objection to a ballot made by a candidate or his
or her representatives, give a number to the
objection, write that number on the ballot and
initial it.
|
|
Decision of
deputy
returning
officer
|
(2) The deputy returning officer shall
decide every question that is raised by an
objection described in subsection (1), and the
decision is subject to reversal only on a
recount or on application under subsection
524(1).
|
|
Statement of
the vote
|
287. (1) The deputy returning officer shall
prepare a statement of the vote, in the
prescribed form, that sets out the number of
votes in favour of each candidate and the
number of rejected ballots and place the
original statement and a copy of it in the
separate envelopes supplied for the purpose.
|
|
Copies of the
statement of
the vote
|
(2) The deputy returning officer shall give
a copy of the statement of the vote to each of
the candidate's representatives present at the
count.
|
|
Marked
ballots
|
288. (1) The deputy returning officer shall
place the ballots for each candidate into
separate envelopes, write on each envelope
the name of the candidate and the number of
votes he or she received, and seal it. The
deputy returning officer and the poll clerk
shall sign the seal on each envelope, and the
witnesses may also sign them.
|
|
Rejected
ballots
|
(2) The deputy returning officer shall place
into separate envelopes the rejected ballots,
the registration certificates and the list of
electors, and shall seal the envelopes.
|
|
Documents to
be enclosed in
a large
envelope
|
(3) The deputy returning officer shall seal in
a large envelope supplied for the purpose
|
|
|
|
|
|
|
|
Documents to
be placed in
the ballot box
|
(4) The large envelope described in
subsection (3) and the envelope that contains
the copy of the statement of the vote shall be
placed in the ballot box.
|
|
Sealing ballot
box
|
(5) The ballot box shall be sealed by the
deputy returning officer with the seals
provided by the Chief Electoral Officer.
|
|
|
Advance Polls |
|
Counting of
votes on
polling day
|
289. (1) The deputy returning officer of an
advance poll shall, at the close of the polling
stations on polling day, attend with the poll
clerk at the place mentioned in the notice of
advance poll in subparagraph 172(a)(iii) to
count the votes.
|
|
Application of
rules for
counting
votes
|
(2) Subsections 283(1) and (2), paragraphs
283(3)(e) and (f) and sections 284 to 288 apply
with any necessary modifications to the
counting of the votes of an advance poll.
|
|
Prohibition
|
(3) No person shall make a count of the
votes cast at an advance poll before the close
of the polling stations on polling day.
|
|
|
Delivery of Ballot Boxes to Returning Officer |
|
Sending ballot
boxes and
statement to
returning
officer
|
290. (1) The deputy returning officer for a
polling station or an advance poll shall,
without delay after sealing the ballot box, send
the box, with the envelope that contains the
original statement of the vote and the
envelope that contains the registration
certificate, to the returning officer.
|
|
Collection of
ballot boxes
|
(2) A returning officer may appoint persons
to collect ballot boxes together with the
envelopes referred to in subsection (1) from
polling stations, and any person so appointed
shall take the prescribed oath when he or she
sends those materials to the returning officer.
|
|
Provision of
statements to
candidates
|
291. A returning officer shall, on request,
provide each candidate one copy of each
statement of the vote in the candidate's
electoral district.
|
|
Safekeeping
of ballot
boxes
|
292. A returning officer, on the receipt of
each ballot box, shall
|
|
|
|
|
|
|
|
|
PART 13 |
|
|
VALIDATION OF RESULTS BY THE RETURNING OFFICER |
|
Validation of
results
|
293. (1) After a returning officer receives
all of the ballot boxes, he or she shall, at his or
her office, in the presence of the assistant
returning officer at the time indicated in
paragraph 62(c), validate the results of the
vote from the original statements of the vote
and the information communicated under
section 280.
|
|
Adjournment
if ballot boxes
or information
not received
|
(2) If, on the day fixed for the validation of
the results as described in paragraph 62(c), a
returning officer has not received all the ballot
boxes or the information required by section
280, the returning officer shall adjourn the
proceedings for not more than seven days.
|
|
Further
adjournment
|
(3) If, on the day fixed for the proceedings
by virtue of an adjournment under subsection
(2), the returning officer has not, for any
reason, received the ballot boxes or
information referred to in that subsection, the
returning officer may make further
adjournments. The further adjournments may
not exceed a total of two weeks.
|
|
Witnesses at
validation
|
294. Candidates and their representatives
may attend the validation of the results, but if
none of them is present, the returning officer
shall ensure the presence of at least two
electors until the validation is completed.
|
|
Opening
ballot box in
certain cases
|
295. (1) If the original statement of the vote
is missing, appears to contain an error, to be
incomplete or to have been altered, or is
disputed by a candidate or his or her
representative, the returning officer may open
the ballot box and the envelope that contains
the copy of the statement of the vote or, if that
copy is missing, the large envelope.
|
|
Information
on envelopes
containing
ballots
|
(2) If a copy of the statement of the vote is
not found or is not useful for the purpose of
validating the results, the returning officer
may use the information that is written on the
envelopes that contain the ballots for that
purpose.
|
|
Limitation
|
(3) The returning officer shall not open an
envelope that appears to contain ballots.
|
|
Resealing of
loose papers
|
(4) If the returning officer opens the large
envelope, he or she shall place its contents into
another envelope, seal that envelope and
initial the seal.
|
|
Loss or
destruction of
ballot boxes
|
296. (1) If a ballot box has been destroyed
or is missing, the returning officer shall
ascertain the cause of the destruction or loss
and shall complete the validation of the results
from the original copy of the statement of the
vote in the same manner as if he or she had
received the ballot box.
|
|
Power to
summon and
examine
|
(2) If the returning officer is unable to
obtain either the original statement of the vote
or the ballot box, he or she
|
|
|
|
|
|
|
|
|
|
|
Notice to
candidates
|
(3) If paragraph (2)(b) applies, the returning
officer shall give notice to the candidates for
that electoral district of the date and time fixed
for the appearance.
|
|
Obligation to
comply with
summons
|
(4) Every person to whom a summons is
directed under paragraph (2)(b) shall obey it.
|
|
Certificate of
votes cast
|
297. Without delay after the validation of
the results, the returning officer shall prepare
a certificate in the prescribed form that sets out
the number of votes cast for each candidate,
and shall deliver the original of the certificate
to the Chief Electoral Officer and a copy of it
to each candidate or his or her representative.
In the case described in section 296, the
certificate shall indicate the number of votes
that have been ascertained to have been cast
for each candidate.
|
|
Ballot boxes
|
298. After the close of an election, each
returning officer shall dispose of the ballot
boxes as instructed by the Chief Electoral
Officer.
|
|