Bill S-8

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S-8

Third Session, Fortieth Parliament,

59 Elizabeth II, 2010

SENATE OF CANADA

BILL S-8

An Act respecting the selection of senators

first reading, April 27, 2010

LEADER OF THE GOVERNMENT IN THE SENATE

90555

SUMMARY

This enactment establishes a framework for electing nominees for Senate appointments from the provinces and territories. The following principles apply to the selection process:

(a) the Prime Minister, in recommending Senate nominees to the Governor General for a province or territory, would be required to consider names from a list of nominees submitted by the provincial or territorial government; and

(b) the list of nominees would be determined by an election held in accordance with provincial or territorial laws enacted to implement the framework.

Available on the Parliament of Canada Web Site at the following address:
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3rd Session, 40th Parliament,

59 Elizabeth II, 2010

senate of canada

BILL S-8

An Act respecting the selection of senators

Preamble

Whereas in 1987 the First Ministers of Canada agreed, as an interim measure until Senate reform is achieved, that any person summoned to fill a vacancy in the Senate is to be chosen from among persons whose names have been submitted by the government of the province or territory to which the vacancy relates;

Whereas it is appropriate that those whose names are submitted to the Queen’s Privy Council for Canada for summons to the Senate be determined by democratic election by the people of the province or territory that a senator is to represent;

And whereas it is appropriate that a framework be established to provide guidance to provinces and territories for the text of legislation governing such elections;

Now therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short title

1. This Act may be cited as the Senatorial Selection Act.

Framework established

2. The framework in the schedule sets out a basis for the selection of Senate nominees.

Duty

3. If a province or territory has enacted legislation that is substantially in accordance with the framework set out in the schedule, the Prime Minister, in recommending Senate nominees to the Governor General, must consider names from the most current list of Senate nominees selected for that province or territory.

SCHEDULE

(Sections 2 and 3)

FRAMEWORK FOR THE SELECTION OF SENATORS

PART 1

GENERAL

Basic Principles

List of nominees

1. Senators to be appointed for a province or territory should be chosen from a list of Senate nominees submitted by the government of the province or territory.

Election of nominees

2. The list of Senate nominees for a province or territory is to be determined by an election held in the province or territory

(a) at the same time as a general election is being held to elect members of the legislative assembly of the province or territory;

(b) on a date to be determined by order of the lieutenant governor in council or commissioner in council, as the case may be; or

(c) if the provincial or territorial legislation so provides, at the same time as municipal elections are held if the province or territory has a common election day for all of its municipalities.

Candidates for election in jurisdiction with registered parties

3. (1) To be a candidate for election as a Senate nominee in a province or territory that has registered provincial or territorial political parties, a person must be nominated by a registered provincial or territorial political party as the party’s official candidate or be a person who, after the issuance of the election writ, declares himself or herself to be an independent candidate and is nominated to stand for election.

Candidates for election in jurisdiction with no registered parties

(2) To be a candidate for election as a Senate nominee in a territory that has no registered territorial political parties, a person must be a person who, after the issuance of the election writ, declares himself or herself to be an independent candidate and is nominated to stand for election.

Duration of nomination

4. A person remains as a Senate nominee until whichever of the following occurs first:

(a) the person is appointed to the Senate;

(b) the person resigns as a Senate nominee by submitting a resignation in writing to the provincial or territorial minister determined to be responsible for the administration of the laws that govern the selection process for Senate nominees;

(d) the person takes an oath or makes a declaration or acknowledgement of allegiance, obedience or adherence to a foreign power;

(e) the person is adjudged bankrupt or insolvent, or applies for the benefit of any law relating to insolvent debtors, or becomes a public defaulter;

(f) the person is convicted of treason or convicted of a felony or of any infamous crime;

(g) the person ceases to be eligible to be nominated as a candidate under section 8; or

(h) an event prescribed by the regulations occurs.

Election Call

Election call

5. (1) An election to select Senate nominees for a province or territory may be commenced at any time by an order of the lieutenant governor in council or commissioner in council, as the case may be,

(a) setting out whether the election is to be held

(i) at the same time as a general election of members of the legislative assembly under the laws of the province or territory governing the election,

(ii) separately on a date provided for in the order, or

(iii) if the provincial or territorial legislation so provides, at the same time as the general elections under the laws of the province or territory governing municipal elections;

(b) issuing a writ of election in the prescribed form addressed to the chief electoral officer and prescribing the date of the writ;

(d) fixing the day for the closing of nominations; and

(e) fixing the day on which voting is to take place if voting is necessary.

Election in conjunction with general election

(2) Despite subsection (1), if the election is to be held at the same time as a general election of members of the legislative assembly under the laws of the province or territory governing the election, the order under subsection (1)

(a) must be made within three days after the issue of the writ of election under the laws of the province or territory governing the election;

(b) must name the same day as the closing of nominations for the general election under the laws of the province or territory governing the election as the day for the closing of nominations; and

(c) must name the same day as the day on which voting is to take place for the general election under the laws of the province or territory governing the election as the day on which voting is to take place if voting is necessary.

Separate elections

(3) Despite subsection (1), if the election is to be held separately on a date provided for in the order under subsection (1), the order

(a) must name the 14th day after the date prescribed under paragraph (1)(b) as the day for the closing of nominations; and

(b) must name the 14th day after the closing of nominations or, if the 14th day is a holiday, then the next following day not being a holiday as the day on which voting is to take place if voting is necessary.

Election in conjunction with municipal elections

(4) Despite subsection (1), if the election is to be held at the same time as a general election under the laws of the province or territory governing municipal elections, the order under subsection (1)

(a) must be made no later than 14 days before the closing of nominations under those laws;

(b) must name the day determined in accordance with the laws governing municipal elections as the day for the closing of nominations; and

(c) must name the day set out in the laws governing municipal elections as the day on which voting is to take place if voting is necessary.

Issue of writ

6. On receipt of the writ, the chief electoral officer must

(a) endorse on it the date on which it was received; and

(b) advise the provincial or territorial returning officers that the writ was issued and transmit a copy of it to them.

Election Officials

Election officials

7. (1) The chief electoral officer and other election officials of the province or territory in which an election to select Senate nominees is to be held are the election officials for the purposes of the election.

Senators not eligible

(2) A member of the Senate is not eligible to be appointed as an election officer for the purpose of conducting an election to select Senate nominees.

Nominations

Eligibility for nomination

8. A person is eligible to be nominated as a candidate in an election to select Senate nominees

(a) if, on the day on which his or her nomination papers are filed, the person

(i) meets the qualifications set out in section 23 of the Constitution Act, 1867,

(ii) is not a member of the Senate or of the House of Commons, and

(iii) is not a member of the legislative assembly of a province or territory;

(b) if, in the case of an election being held in conjunction with a general election of members of the legislative assembly under the laws of the province or territory governing the election, the person is not a candidate at the general election under those laws;

(c) if, in the case of an election being held in conjunction with elections under the provincial or territorial laws governing municipal elections, the person is not a candidate at an election under those laws;

(d) if the person would not be prohibited from being a candidate for election as a member of the legislative assembly under the laws of the province or territory governing the election; and

(e) if the person is and has been ordinarily resident in the province or territory for at least six months immediately preceding polling day.

Nomination papers

9. (1) The nomination papers of a person who wishes to be elected as a Senate nominee must be in the form prescribed by the regulations and signed by at least 100 electors in the case of a province, and 50 electors in the case of a territory.

Signatures of electors

(2) The signatures of the electors nominating a candidate must be witnessed by another elector who must complete an affidavit or declaration in the form required by the regulations.

Filing of affidavit

(3) The affidavit or declaration referred to in subsection (2) must be filed with the chief electoral officer with the candidate’s nomination papers.

Candidate of registered party

(4) The nomination papers of the candidate of a registered provincial or territorial political party must be accompanied by a declaration in the form prescribed by the regulations verifying that he or she is the nominee of the party.

Filing of nominations

10. The nomination papers of a person who wishes to be elected as a Senate nominee must be filed with the chief electoral officer before 2:00 p.m. on the day fixed for the closing of nominations.

Official agents of candidates

11. (1) A person being nominated as a candidate must appoint an elector to be the person’s official agent on the person’s nomination and must include the name, address and telephone number of the official agent so appointed in the appropriate place on the nomination form.

Duties of official agent

(2) The duties of an officia1 agent are determined by the candidate.

Limitations

(3) The official agent must not perform the duties of the chief financial officer unless the official agent is also the candidate’s chief financial officer.

Appointment of new official agent

(4) If it becomes necessary to appoint a new official agent, the candidate must immediately notify the chief electoral officer in writing of the name, address and telephone number of the new official agent.

Validity of nomination papers

12. (1) Nomination papers for a candidate are not valid unless

(a) they state an address within the province or territory at which documents may be served and notices given respecting the candidate;

(b) they state the appointment, name, address and telephone number of the official agent of the candidate;

(c) they state that the candidate is eligible under section 8 for nomination as a candidate and consents to his or her nomination;

(d) they state whether the candidate is an independent candidate or is the officially endorsed candidate of a registered provincial or territorial political party;

(e) they are accompanied by the affidavit or declaration of the elector who witnessed the signatures of the candidate’s nominators as required by section 9;

(f) the candidate is a registered candidate under provincial or territorial election laws for the purposes of an election to select Senate nominees;

(g) they are accompanied by a deposit of $4,000;

(h) they are signed by the candidate; and

(i) they are filed with the chief electoral officer before 2:00 p.m. on the day fixed for the closing of nominations.

Filing of certificate

(2) If the candidate is sponsored by a registered provincial or territorial political party, he or she must, at the time of filing his or her nomination papers, file a certificate in the form prescribed by the regulations certifying that he or she is a candidate for that registered political party.

Receipt

(3) On the filing of valid nomination papers, the chief electoral officer must give a receipt in the prescribed form, which is proof of receipt of the deposit and of the filing of the nomination papers.

Deposits

13. The chief electoral officer must not accept a deposit tendered under paragraph 12(1)(g) unless it consists of

(a) Canadian currency;

(b) a certified cheque or certified bill of exchange;

(d) a combination of any of those forms.

Refund of deposit

14. (1) The deposit received under paragraph 12(1)(g) is to be refunded to the candidate if the candidate

(a) is elected;

(b) obtains a number of votes equal to at least one half of the total number of votes obtained by the candidate elected with the least number of votes; or

Death of candidate

(2) If a candidate dies after being nominated and before the closing of the polling places on polling day, the deposit is to be refunded to the candidate’s personal representative.

Deposit in general revenue fund

(3) A deposit that is not refunded under this section is to be deposited in the general revenue fund of the province or territory.

Election by acclamation

15. If the number of candidates nominated by the closing of nominations is equal to or less than the number of persons to be elected, the chief electoral officer must immediately declare the candidate or candidates elected and make the chief electoral officer’s return in the form prescribed by the regulations certifying the election of the candidate or candidates.

Necessity of election

16. An election must be held if the number of candidates nominated by the closing of nominations exceeds the number of persons to be elected.

Withdrawal of candidate

17. (1) At any time after the filing of a candidate’s nomination papers but not later than 96 hours before the opening of the polls on polling day, the candidate may withdraw by filing with the chief electoral officer a declaration to that effect signed by the candidate and having the candidate’s signature witnessed.

Election by acclamation

(2) If, after a candidate withdraws, the number of candidates is equal to or less than the number of persons to be elected, the chief electoral officer must proceed in accordance with section 15.

Notice of withdrawal

(3) If a candidate withdraws after the ballots are printed and there remain more candidates than the number of persons to be elected, the chief electoral officer must advise every returning officer of the withdrawal and, if there is sufficient time, each returning officer must prepare a notice of withdrawal and distribute a copy to each deputy returning officer, who must post it in a conspicuous location in the deputy returning officer’s polling place.

Notice of withdrawal

(4) If there is insufficient time to prepare and distribute a notice of withdrawal under subsection (3), the chief electoral officer, when advising the returning officers of the withdrawal, must instruct each of them to cause a notice of the withdrawal to be prepared by hand, and each deputy returning officer must post the notice in a conspicuous location in the deputy returning officer’s polling place.

Cancellation of election

(5) If a candidate dies before the closing of the polling places on polling day, the election is to be dealt with in the manner that the provincial or territorial legislation may specify.

Close of nominations

18. (1) At 2:00 p.m. on the day fixed for the closing of nominations, the chief electoral officer must, at the place fixed for the filing of nominations,

(a) declare the nominations closed;

(b) announce the names of all officially nominated candidates;

(d) announce the polling date and the place, date and time at which the official results of the election will be announced.

Notification and publication

(2) After complying with subsection (1), the chief electoral officer must, as soon as possible,

(a) make available a list of the candidates to each candidate or their official agent; and

(b) publish in the form prescribed by the regulations the names and addresses of the candidates’ official agents in one or more newspapers of general circulation

(i) in each electoral division, in the case of an election held in accordance with Part 2, or

(ii) in each municipality or area without municipal organization, in the case of an election held in accordance with Part 3.

Ballots

Container of ballots

19. (1) The ballots used in an election must contain a brief explanatory note stating the maximum number of candidates who can be voted for in order not to make a ballot void.

Name and affiliation of candidate

(2) The name of each candidate must be printed on the ballots, together with

(a) the name of the registered provincial or territorial political party for which the candidate is the candidate; or

(b) the word “independent”, if the candidate is not a candidate for a registered provincial or territorial political party.

Names of candidates

(3) The names of the candidates must appear on the ballots in accordance with the following:

(a) at least one of the following must appear:

(i) the candidate’s given name,

(ii) his or her initials,

(iii) his or her nickname;

(b) the candidate’s surname must appear following the given name, initials or nickname, or any combination of them, as the case may be;

(d) the candidates’ names must appear without any titles, prefixes or suffixes.

Forms of ballots

(4) The ballots must be in the form prescribed by the regulations.

Printing of ballots

20. (1) The chief electoral officer must have the election ballots printed.

Delivery of ballots

(2) The printer must deliver the printed ballots to the chief electoral officer together with a completed and executed affidavit or declaration in the form prescribed by the regulations.

Quantity of ballots

(3) The chief electoral officer must provide each returning officer with a sufficient quantity of ballots and must maintain a record of the number provided.

Record of quantity

(4) Each returning officer must maintain a record of the quantity of ballots provided to the deputy returning officers.

Exception

(5) This section does not apply to an election in which voting machines are used.

Tabulation and Announcement of Results

Statement of official results

21. (1) Each returning officer must, within four days after the vote has taken place, submit to the chief electoral officer the statement of official results prepared by the returning officer.

Calculation of results

(2) The chief electoral officer must add together the results of the counts set out in the statements of official results prepared by the returning officers in order to determine which candidate or candidates received the most votes.

Notice

(3) The chief electoral officer must give written notice to each candidate or their official agent of the place, date and hour of commencement of the addition referred to in subsection (2).

Tied vote

(4) If it appears after the addition of the votes that two or more candidates received the same number of votes, and if it is necessary for determining which candidate is elected, the chief electoral officer must

(a) write the names of those candidates separately on blank sheets of paper of equal size and of the same colour and texture;

(b) after folding the sheets of paper in a uniform manner and so that the names are concealed, deposit the folded sheets in a receptacle and direct a person to draw one of the sheets; and

(c) declare the candidate whose name appears on the drawn sheet to have one more vote than the other candidate or candidates, as the case may be.

Handling of drawn sheet

(5) The drawn sheet must be sealed in an envelope marked with the words required by the regulations and kept separate from the other ballots.

Certificate and return

(6) After completing the addition, the chief electoral officer must provide to each candidate or their official agent a certificate and return in the form prescribed by the regulations indicating the number of votes for each candidate and the name of the candidate or candidates to be declared elected under section 22.

Tabulation of official results.

(7) On complying with subsection (6), the chief electoral officer must prepare the tabulation of official results.

Announcement of official results

22. (1) The chief electoral officer must attend at the place, date and time stated in the election proclamation to announce the official results of the election and declare which candidate or candidates are elected.

One person to be elected

(2) If only one person is to be elected, the candidate with the highest number of votes must be declared elected.

More than one person to be elected

(3) If more than one person is to be elected, the candidate with the highest number of votes must be declared elected and the candidate with the next highest number of votes must be declared elected, and so on, until the number of candidates to be elected are declared elected.

Retention of statement of official results

(4) The chief electoral officer must retain the statement of official results and the tabulation of official results for a period of 10 days after announcing the official results of the election to allow for possible appeals or applications for a recount of the votes and, if there is an appeal, he or she must retain them until all appeals have been disposed of.

Disclaimer of Office, Resignation or Death

Disclaimer

23. (1) A candidate who has been declared elected may, by filing a disclaimer in the prescribed form with the chief electoral officer, request

(a) that the candidate’s name not be submitted to the Queen’s Privy Council for Canada; or

(b) that, if the candidate’s name has been submitted, the submission of the candidate’s name be withdrawn.

Effect of disclaimer

(2) Subject to subsections (3) and (4), if a disclaimer is filed under subsection (1), the election of that candidate is void.

Appeals and recounts not affected

(3) The filing of a disclaimer under subsection (1) does not affect any application for an appeal or recount by another candidate or the right of that other candidate to be declared elected if that application or appeal is successful.

New nominee

(4) If a person’s election is declared void under subsection (2), or if a Senate nominee resigns or dies, a new Senate nominee is to be chosen in the manner set out in the legislation of the province or territory.

Appeals and Recounts

Appeal and recount

24. The laws applying to appeals and recounts in a general provincial or territorial election apply with any necessary modifications to appeals and recounts in relation to the election of Senate nominees and those appeals and recounts are to be heard by the appropriate court of the province or territory.

Publication of Names

Publication of names of elected candidates

25. (1) Subject to subsection (2), eight days after the candidate or candidates are declared elected, the chief electoral officer must cause to be published a notice of the name of the candidate or candidates declared elected in the next issue of the official gazette of the province or territory.

Appeal period

(2) If there is an appeal of the results of an election, the names of the persons declared elected must be published after the expiry of the appeal period.

Controverted Election

Controverted election

26. (1) A petition may be filed with the appropriate court of the province or territory to void an election by reason of the undue return or undue election of a candidate as a Senate nominee.

Manner of petition

(2) A petition under subsection (1) is to be dealt with in the same manner as a petition in respect of an alleged undue return or election of a candidate as a member of the provincial or territorial legislative assembly.

Campaign Funding

Application of provincial or territorial laws

27. The laws of the province or territory that govern campaign funding apply with any necessary modifications to the election of Senate nominees.

Preservation of Records