Bill C-490
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2nd Session, 36th Parliament, 48-49 Elizabeth II, 1999-2000
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The House of Commons of Canada
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BILL C-490 |
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An Act to amend the Referendum Act (to
permit a referendum and a general
election to be conducted at the same time
and on the same polling day)
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| 1992, c. 30;
1996, c. 35
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1. Section 2 of the Referendum Act is
amended by adding the following after
subsection (2):
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| Deemed
polling day
and meaning
of electoral
district
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(3) Where the polling day at the referendum
specified in the writs of referendum is deemed
to be the polling day at the general election
under subsection 6(8), the Canada Elections
Act shall apply in respect of the meaning of
electoral district.
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2. (1) Subsection 6(3) of the Act is
replaced by the following:
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| Polling day
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(3) Subject to subsection (8), polling day at
a referendum shall be determined by the
Governor in Council and be specified in the
writs of referendum.
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(2) Subsections 6(6) and (7) of the Act are
replaced by the following:
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| Withdrawal of
writs of
referendum
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(6) Where the writs of election at a general
election are issued during the period
beginning on the day on which writs of
referendum are issued and ending on polling
day at the referendum, the Governor in
Council may, by order, withdraw the writs of
referendum.
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| Restriction
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(7) No order of the Governor in Council
under subsection (6) may be made more than
ten days after the writs of election at a general
election are issued.
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| Deemed
polling date
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(8) Where the writs of election at a general
election are issued during the period
beginning on the day on which writs of
referendum are issued and ending on polling
day at the referendum, and the Governor in
Council does not withdraw the writs of
referendum under subsection (6), the polling
day at the referendum specified in the writs of
referendum shall be deemed to be the polling
day at the general election.
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| Notice of
withdrawal of
writs or
change of
polling date to
be published
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(9) Where the Governor in Council
withdraws the writs of referendum under
subsection (6) or the Governor in Council does
not withdraw the writs of referendum, and the
polling day at the referendum specified in the
writs of referendum is deemed to be the
polling day at the general election under
subsection (8), a notice of the withdrawal of
the writs or the deemed polling day at the
referendum shall be published in the Canada
Gazette by the Chief Electoral Officer.
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3. (1) Subsections 9.1(1) and (2) of the Act
are replaced by the following:
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| Appointment
of deputy
returning
officers
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9.1 (1) Subject to subsection (3), as soon as
convenient after the issue of the writ for a
referendum, a returning officer shall, by
writing in the prescribed form executed under
his hand, appoint one deputy returning officer
in each polling division in the electoral district
to be appointed from lists supplied by the
registered party whose candidate finished first
in the electoral district in the last election.
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| Appointment
of poll clerks
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(2) Subject to subsection (3), as soon as
convenient after the issue of the writ for a
referendum, a returning officer shall, by
writing in the prescribed form executed under
his hand, appoint one poll clerk in each polling
division in the electoral district to be
appointed from lists supplied by the registered
party whose candidate finished second in the
electoral district in the last election.
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(2) Section 9.1 of the Act is amended by
adding the following after subsection (2):
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| Deemed
polling day
and
appointments
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(3) Where the polling day at the referendum
specified in the writs of referendum is deemed
to be the polling day at the general election
under subsection 6(8), the returning officers
for the various electoral districts, and the
deputy returning officer or poll clerk in each
polling division in the electoral district at the
general election, shall be deemed to be the
appointed returning officer, deputy returning
officer or poll clerk for the purposes of the
referendum.
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4. Section 10 of the Act is amended by
adding the following after subsection (2):
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| Deemed
polling day
and list of
electors
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(3) Where the polling day at the referendum
specified in the writs of referendum is deemed
to be the polling day at the general election
under subsection 6(8), the polling divisions in
the electoral districts at the referendum shall
be deemed to be the polling divisions in the
electoral districts at the general election, and
the polling divisions at the general election
shall be used to establish the certified
preliminary list of electors under subsection
(1).
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5. The Act is amended by adding the
following after section 28:
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| Deemed
polling day
and
referendum
broadcasts
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28.1 Where the polling day at the
referendum specified in the writs of
referendum is deemed to be the polling day at
the general election under subsection 6(8), the
polling day at the general election shall be
used to determine the time limits and the
allocation of time in respect of referendum
broadcasts under this Act.
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