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This is an unofficial archived version of The Local Authorities Election Act

as enacted by SM 1987-88, c. 9 on July 17, 1987.

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R.S.M. 1987, c. L180

The Local Authorities Election Act

Table of contents

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions.

In this Act,

"assistant enumerator" means a person appointed under subsection 11(2) to assist in the preparation of the list of electors; ("recenseur adjoint")

"assistant revising officer" means a person appointed under subsection 20(1) to assist in the revision of a list of electors; ("réviseur adjoint")

"authority" means, subject to

section 3, as the case requires,

(

a) a corporation comprising

(

i) the inhabitants of an area in the province who are incorporated or continued as a municipality by, or under the authority of, The Municipal Act or of another Act of the Legislature, or

(ii) the members of the board of trustees of a school division or school district established under The Public Schools Act, and to which this Act is made applicable as provided in

section 3,

(iii) such other persons as are, or may be, created a corporation under the laws of the province to exercise jurisdiction over a local area, and to which corporation this Act is made applicable as provided in

section 3; or

(

b) the area

(

i) the inhabitants of which are incorporated as stated in sub-clause (a)(i), or

(ii) included in a division or district for public school purposes established under The Public Schools Act, and to which this Act is made applicable as provided in

section 3, or

(iii) over which a corporation to which sub-clause (a)(iii) refers exercises jurisdiction, and to which area this Act is made applicable as provided in

section 3; ("autorité" )

"candidate" or "candidate at an election" means a person

(

a) who is nominated as a candidate seeking election to an office in a local authority, the holder of which is required, by

an Act of the Legislature, to be elected thereto, or

(

b) who, at any time within a period of one month before the date of the election at which he seeks to be so elected, has publicly declared, or has permitted others to declare on his behalf, that he intends to seek election as mentioned in clause (a); ("candidat" ou "candidat à une élection")

"clerk" as applied with reference to a local authority, means, as the case and the context requires, the clerk, secretary-treasurer, or other like officer of the authority; ("greffier")

"council" means, as the case requires, the council, board, board of trustees, or other governing body of a local authority; ("conseil" )

"deputy returning officer" means a person appointed under

section 54, and includes the returning officer acting as provided in

section 54, and also a poll clerk or other person acting on behalf of a deputy returning officer under

section 61 or 67; ("scrutateur")

"during the election" or "during an election" means the period from the beginning of the day of nomination to the closing of the polls on the day on which polling takes place, or, in the case of an election at which no polling takes place, to the close of the nominations on the day of nomination; and in the case of a vote taken under

Part IV, means the period from the publication of the notice under clause 205(l)(

a) to the closing of the polls on the day on which polling takes place: ("durant l'élection" ou "durant une élection")

"election" means an election of a member of a council, and includes a vote taken with respect to a by-law under

Part IV; ("élection" )

"election officer" means a returning officer, deputy returning officer, or poll clerk, and, in the case of an election under

Part II, includes a supervisor and a sorter; ("personnel électoral")

"elector" means a person qualified to vote at an election of members of a council; ("électeur")

"enumerator" means a person appointed, under subsection 10(1), to prepare a list of electors; ("recenseur")

"instrument" includes letters patent, a statute, and a municipal by-law; ("instrument" )

"land" includes land, messuages, tenements, and hereditaments, corporeal or incorporeal, of every kind and description, whatever the estate or interest therein, whether legal or equitable, and also includes a unit specified in a plan to which The Condominium Act applies; ("biens-fonds")

"list of electors" means a list of electors prepared under this Act; ("liste électorale" )

"local authority" has the same meaning as "authority"; ("autorité locale")

"magistrate" means a magistrate appointed under The Provincial Court Act; ("magistrat" )

"member" or "members", when referring to a member or members of a council, includes the head of the council or chairman of the council; ("membre")

"minister" means, in each case, that member of the Executive Council who has the administration of the Act under which the local authority relevant to the case is constituted; ("ministre")

"municipality" means, as the case requires,

(

a) a corporation comprising the inhabitants of an area in the province who are incorporated and continued under the authority of The Municipal Act or of another Act of the Legislature, or

(

b) the area the inhabitants of which are incorporated as stated in clause (a); ("municipalité")

"owner" means, subject as herein otherwise provided, a person who is an owner of a freehold estate in land in a local authority and includes a person who is the owner of such an estate jointly with another person, and a person who is registered under The Condominium Act as the owner, as defined in that Act, of a unit under that Act; ("propriétaire")

"polling subdivision" includes, where the context requires, a ward of local authority; ("section de vote")

"prescribed" means prescribed in the

Schedule or, if not prescribed in the Schedule, as otherwise prescribed in the regulations or elsewhere in this Act; ("prescrit")

"ratepayer" as used with respect to any local authority, means a person who is qualified as a ratepayer under The Municipal Act: ("contribuable")

"registered owner" means a person

(

a) who is the registered owner of land that is subject to The Real Property Act, as that expression is defined in that Act, or

(

b) who is the owner of a freehold estate in land that is not subject to The Real Property Act and who is the grantee named in a valid conveyance of the land that is registered under The Registry Act; or

(

c) who is registered under The Condominium Act as the owner, as defined in that Act, of a unit under that Act; ("propriétaire inscrit")

"regular election" means an election of members of a council held at regular periodic intervals as stated in the Act under which the authority is constituted, but does not include a by-election; ("élection ordinaire" )

"resident elector" as used with respect to a local authority, means an elector whose place of residence is in the authority; ("électeur résidant")

"resident ratepayer" as used with respect to a local authority, means a ratepayer whose place of residence is in the authority; ("contribuable résidant")

"returning officer" means a person appointed under subsection 10(1) to conduct elections in a local authority and perform such duties as are required of him under this Act; ("directeur du scrutin")

"revising officer" means a person appointed under subsection 10(1) to revise the list of electors; ("recenseur adjoint")

"rural polling subdivision" includes any ward or other polling subdivision or part thereof that is not an urban polling subdivision; ("section de vote rurale")

"scrutineer" means a person appointed under subsection 82(1) or

section 104 by a candidate to be a scrutineer; ("représentant d'un candidat")

"urban polling subdivision" means the whole or such part of a ward or other polling subdivision that is situated within the area comprising any incorporated city; ("section de vote urbaine")

"whole council" means the entire membership of a council, including the mayor, reeve, or other chairman of the council. ("conseil plénier")

References to forms.

2(1)

In this Act, unless otherwise expressly stated, any reference to a form means a form prescribed.

References to publishing.

2(2)

Where in this Act there is a reference to publishing in a local authority any notice, advertisement, or other document it means, unless the context otherwise requires, publishing it in a newspaper having a general circulation in the authority.

Reference to posting.

2(3)

Where in this Act there is a reference to posting up in a local authority any notice, advertisement, or other document, it means, unless the context otherwise requires, posting it up

(

a) in the offices of the authority, if any, or if there are no such offices, on the outside of the office or residence of the person required to do the posting or cause it to be done; and

(

b) in such number of other conspicuous places in the authority, not less than four, as the person to whom clause (

a) applies, in his absolute discretion, deems reasonable.

APPLICATION, OATHS

Application of Act.

Notwithstanding any other Act, this Act applies

(

a) to every municipality in the province heretofore or hereafter incorporated, whether by

an Act of the Legislature or otherwise, except where any provision herein is, by this Act, expressly made inapplicable to any municipality by naming it;

(

b) on, from, and after, such date as may be fixed in

an Act of the Legislature,

(

i) to every school division and school district established under The Public Schools Act, and in whole or in part as may be stated in any such Act, and

(ii) to any other local authority established under the laws of the province, and in whole or in part as may be stated in

an Act of the Legislature, except where any provision herein is, by

an Act of the Legislature, expressly made inapplicable to one or more school divisions, school areas, or other local authorities, either generally or by naming that one, or those ones, to which it is inapplicable.

Authority to administer oaths

4(1)

Except where otherwise specifically provided herein, any oath, affirmation, affidavit, statutory declaration, or other declaration that, under this Act, is required or authorized to be administered, sworn, affirmed, taken, made, or declared, may be so administered by, or sworn, affirmed, taken, made, or declared before, any person by or before whom, under The Manitoba Evidence Act, an oath, affirmation, affidavit, or statutory declaration may be administered, sworn, affirmed, taken, made, or declared within the province.

Oaths administered by election officials.

4(2)

Except where otherwise specifically provided herein, any oath, affirmation, affidavit, statutory declaration, or other declaration that, under this Act, is required or authorized to be administered, sworn, affirmed, taken, made, or declared, may also be administered by, or sworn, affirmed, taken, made, or declared before, an enumerator, a revising officer, a returning officer or any deputy returning officer, poll clerk, or assistant revising officer or the head or chairman of a council.

Oath of official not to be taken before himself.

4(3)

A person required or authorized, under this Act, to take, affirm, make, or declare an oath, affirmation, affidavit, statutory declaration or other declaration shall not administer the oath or affirmation to himself, or take, affirm, make, or declare the affirmation, affidavit, statutory declaration or other declaration before himself.

Where fee not to be charged.

4(4)

Where, under this Act, any person to whom reference is made in subsection (1) or (2) administers an oath or affirmation, or takes or receives an affirmation, affidavit, statutory declaration, or other declaration, he shall do so without fee or charge.

Affirmation of witness instead of oath.

4(5)

Where a person required or desiring to give evidence or to take an affidavit objects to being sworn and states, as the ground of his objection, either that he has no religious belief or that the taking of an oath is contrary to his religious belief, or if a person is objected to as incompetent to take an oath, he shall be permitted to make his solemn affirmation or declaration instead of taking an oath, in the manner provided in The Manitoba Evidence Act; and, upon the person making such a solemn affirmation or declaration, his evidence or affidavit shall be taken and has the same effect as if taken or made under oath.

Form of affirmation.

4(6)

Where a person to whom subsection (5) applies is about to give evidence on affirmation or declaration, it shall be in the following form:

I/You, A.B., solemnly affirm (or declare) that the evidence to be given by me/you shall be the truth, the whole truth, and nothing but the truth.

References to taking an oath.

4(7)

In this Act, a reference to the taking or swearing of an oath or affidavit includes the making of an affirmation or a declaration.

PART I

ELECTIONS

DIVISION I QUALIFICATIONS OF ELECTORS AND LIST OF ELECTORS

Qualification of electors.

5(1)

Subject to this Act, the right to have his name placed upon the list of electors of, and to vote at elections in, local authorities belongs to each of the following persons; that is to say, a person who

(

a) is a Canadian citizen of the full age of 18 years, or who will be 18 years of age at the date of the election, and is not disqualified under this Act, or otherwise by law prohibited, from voting; and

(

b) is an actual resident in the authority and will have been resident therein for a period of six months at the date of the election;

and, in the case of elections in a municipality, the right of being named in the list of electors and of voting also belongs to any person who is qualified as provided in clause (

a) and who, whether resident in the authority or not, is, in his own right, at the date of the election,

(

c) an owner of land which is assessed in the latest revised realty assessment roll; or

(

d) a tenant or occupier of land whose name is entered on the latest revised realty assessment roll as the owner of a right, interest or estate in the land.

Extension of meaning of "owner".

5(2)

In construing subsection (1), a person shall be deemed to be an owner

(

a) if he has acquired, by purchase under agreement for sale or otherwise, an estate or interest in land; or

(

b) if, being the purchaser of land under an agreement for sale that is subject to the Veterans Land Act (Canada), he is conclusively deemed, under The Municipal Act, to be the owner of a freehold estate in the land; or

(

c) if he is the owner of a share of a co-operative housing corporation, and is entitled by reason of the ownership of that share to be, and is, a resident of premises registered in the name of that corporation.

Right to vote in one ward only.

5(3)

In an election in an authority, a person who would, under subsection (1), be qualified to vote in two or more wards by virtue of being an owner in each of those wards, or by virtue of being resident in one ward and an owner in one or more other wards,

(

a) if he is a resident of the authority, is entitled to have his name placed on a list of electors, and to vote, only in the ward in which he resides; and

(

b) if he is not a resident of the authority, is entitled to have his name placed on a list of electors, and to vote, only in such one of those wards as he may select.

Selection of voting ward.

5(4)

Where an election is being held in a municipality, the elector shall, in a case to which clause (3)(

b) applies, before the first Wednesday in September notify the revising officer in writing as to the ward in which he desires to vote; and if he fails to do so, the enumerator shall cause his name to be placed on such list of electors as the enumerator may select.

One place of residence only.

5(5)

A person shall be deemed to have only one place of actual residence in an authority.

Evidence of qualification of purchaser of land.

5(6)

A purchaser of an owner's interest in land is entitled to be placed on the list of electors in a municipality under the heading "resident owner" or "non-resident owner", as the case may be, if, before the enumerator sends or delivers copies of the list to the revising officer under

section 17, or before the final revision of the list by the revising officer, he makes application in writing to be so placed, to the enumerator or revising officer, as the case may be, and

(

a) he produces, or causes to be produced, to the enumerator or to the revising officer, as the case may be, satisfactory evidence showing

(

i) that he is the purchaser of the land under an agreement for sale, and

(ii) that he is liable, under the agreement, to pay the taxes payable in respect of the land; and

(

b) he makes a statutory declaration, in such form as is satisfactory to the enumerator or the revising officer, as the case may be, showing that he is the purchaser of an owner's interest in the land and, where such is the case, that he occupies it, bona fide, as his residence, and causes the statutory declaration to be produced to, and filed with, the enumerator or the revising officer, as the case may be.

Oral statement in lieu of statutory declaration.

5(7)

Where the purchaser makes to the revising officer an application under subsection (6) to be placed on the list, he may, in lieu of producing to the revising officer a statutory declaration, as mentioned in subsection (6), make before the revising officer, under oath or affirmation, a statement to the like effect.

Trustee debarred from electors list.

5(8)

A trustee who is assessed for land in his representative capacity is not entitled to have his name placed on the list of electors unless he is otherwise entitled under this Act to have his name on the list.

Names of purchasers and registered owner not both to be on list.

5(9)

Where the name of a person is placed on the list of electors as an owner of land, by the enumerator, by virtue of subsection (2) or subsection (6), or by the revising officer, by virtue of subsection (6), the name of the registered owner of the land shall not be placed on the list or, if it is already on the list, shall be struck therefrom.

Provision for election in new authority.

Where a new local authority is created, the letters patent, order, or other instrument creating it shall make all the necessary provisions for the election of the first council thereof including, in the case of a municipality, the mayor or reeve, and, in particular and without restricting the generality of the foregoing, but subject as provided in this section, shall

(

a) appoint the clerk, returning officer, enumerator, and revising officer, and such other officials as are deemed necessary, each to hold office at the pleasure of the new council when elected;

(

b) provide for the preparation of a list or lists of electors and the revision thereof in the manner herein provided in the case of authorities formerly established;

(

c) fix the date on which, the place at which, and the time when, nominations for members of the council, including, in the case of a municipality, the mayor or reeve, shall be made; and

(

d) fix the dates on which the voting at the election shall be held.

Persons entitled to be electors.

Every person who, at the date of the election, is resident in the new authority, if he is otherwise qualified to be an elector as herein provided, shall be deemed to be an elector of the new authority and is entitled to have his name placed on the list of electors therefor and to vote at the election.

Elections where territory added to municipality

Where

(

a) territory is added to a local authority; or

(

b) a town, village, or rural municipality, together with additional territory, is constituted as a city; or

(

c) a village, together with additional territory, is constituted as a town: or

(

d) a new village, town, or city is incorporated;

if an election takes place before

(

e) a list of electors is made for the new or enlarged local authority, including the names of persons entitled to vote in any such added territory or territory included in the new local authority; or

(

f) the list of electors is revised;

all persons who would have been qualified as electors in the territory added or included if it had not been so added or included or if the city, town, or village had not been so constituted, are entitled to vote at the election in the local authority.

Persons not entitled to vote.

The following persons, though named on the list of electors, are not entitled to vote at an election:

(

a) Persons who refuse to take an affidavit entitling them to vote in an election.

(

b) Persons who have received, or expect to receive, a reward for voting at an election.

(

c) Persons not having the qualifications entitling them to vote, or who are disqualified under this Act, or otherwise by law prohibited from voting.

Appointments.

10(1)

The council of each local authority shall, by by-law, not later than February 15 next following the coming into force of this Act, or next following the application of this Act to the authority, appoint, and fix and provide for the remuneration of

(

a) an enumerator:

(

b) a revising officer; and

(

c) a returning officer.

Elected persons not eligible as election officials.

10(2)

No person who holds an elected office of the local authority shall be appointed as an election officer, an enumerator or a revising officer of the local authority.

Term of office.

10(3)

A person appointed under subsection (1) shall hold office until he dies, resigns, or is removed from office by a by-law passed by the council.

Filling vacancies.

10(4)

When a vacancy occurs in the office of enumerator, revising officer, or returning officer, by reason of death, resignation, or any other cause, the council shall forthwith appoint a person to fill the vacancy.

Enumerator and duties.

10(5)

The person appointed as enumerator of a local authority shall not be the clerk, treasurer, revising officer, or returning officer of the authority, and shall discharge the duties of an enumerator as herein set out.

Revising officer and duties.

10(6)

The person appointed as revising officer of a local authority shall not be the clerk, treasurer, enumerator, or returning officer of the authority, and shall discharge the duties of a revising officer as herein set out.

Returning officer and duties.

10(7)

The person appointed as returning officer of a local authority may be the clerk, treasurer, or secretary-treasurer, thereof, and shall discharge the duties of a returning officer as herein set out.

Oath of office.

10(8)

Each person appointed under subsection (1) shall, before beginning to discharge his duties, take the oath of office set out in Form 1.

Offence.

10(9)

A person appointed under subsection (1) who takes the oath of office and thereafter neglects or refuses to carry out and discharge the duties of the office to which he is appointed, is guilty of an offence.

Returning officer performing duties of D.R.O.

10(10)

Where, under this Act, a deputy returning officer of a local authority is authorized, permitted, directed, or required to do anything, the returning officer of the local authority may do that thing and, if it is done properly, it shall be deemed to have been done by the deputy returning officer.

Making of list of electors.

11(1)

The council of a local authority may by by-law provide that a list of electors shall be made

(

a) in each year; or

(

b) in each year in which a regular election is held; or

(

c) in each third year;

and the enumerator of the local authority shall, in each year in which a list of electors is required to be made, make as provided herein, a list of the electors of the authority.

Appointment of assistant enumerators.

11(2)

In order to make the list of electors, the enumerator shall, in each year in which a list of electors is required to be made, appoint such number of assistant enumerators as he deems may be required to complete properly the list of electors.

Assistant enumerators for two authorities.

11(3)

Where the whole or part of one local authority forms part of another local authority, the two local authorities may enter into an agreement whereby

(

a) the enumerator of one of the authorities may appoint as an assistant enumerator, for the area common to both authorities, the person appointed as an enumerator or assistant enumerator for that area by the enumerator of the other authority; and

(

b) the cost of making the list of electors for the area mentioned in clause (

a) is shared between the authorities in the proportions fixed in the agreement.

Oath of office.

11(4)

Each assistant enumerator shall, before beginning to discharge his duties, take the oath of office set out in Form 1; and if he takes the oath and thereafter neglects or refuses to carry out and discharge the duties of assistant enumerator, he is guilty of an offence.

Allotment of polling subdivision.

11(5)

The enumerator, forthwith after appointing the assistant enumerators, shall allot to each of them one or more polling subdivisions or parts thereof, for which polling subdivision, or each of which polling subdivisions, the assistant enumerator shall make a list of electors as herein provided.

Making of list.

11(6)

After having taken the oath of office, each assistant enumerator shall forthwith proceed to make a list of the persons qualified to have their names placed on the list of electors for the polling subdivision, or each of the polling subdivisions: or parts thereof, which has or have been allotted to him; and in the list he shall give a consecutive number to each name and shall set out the mailing address, property description, or residence of each elector and, if the council so provides, his occupation, giving the number of the suite or room if the elector resides in an apartment block or hotel; and he shall state specifically whether or not each person whose name he places on the list is a resident of the authority.

List in rural polling subdivision.

11(7)

Subject to subsection (10), in a rural polling subdivision the assistant enumerator shall make the list of electors in accordance with Form 2, arranging the names of the electors alphabetically according to the first and second letters of their surnames. •

List in urban polling subdivisions.

11(8)

Subject to subsections (9) and (10), in an urban polling subdivision the assistant enumerator shall make the list of electors in accordance with Form 3, arranging the names of the electors by streets, roads, and avenues as set out in Form 3.

List in certain urban polling subdivisions.

11(9)

In an urban polling subdivision in which the area, or part of the area, comprised therein is not designated by streets, roads, or avenues, or in which the residences of the voters are not designated by street, road, or avenue numbers, the returning officer may in writing order the enumerator to arrange the names of the electors on the list in alphabetical order as in the case of a rural polling subdivision, or partly in such an alphabetical order and partly in the order prescribed in subsection (8); and the enumerator shall comply with the order of the returning officer.

Authority of returning officer to direct form of list.

11(10)

Notwithstanding any other provision herein, the returning officer of any local authority may in writing order that the lists of electors for the authority, or for any one or more polling subdivisions therein, be made partly in accordance with Form 2, as prescribed in subsection (7), and partly in accordance with Form 3, as prescribed in subsection (8).

Duty of urban assistant enumerator.

11(11)

The assistant enumerator for an urban polling subdivision shall obtain the information required to complete the list of electors for that polling subdivision by a house-to-house canvass; and he may, from such other sources as are available to him, supplement or verify the information so obtained.

Further duties of urban assistant enumerator.

11(12)

If required by the enumerator, the assistant enumerator for an urban polling subdivision shall, in respect of each elector in that polling subdivision, complete a memorandum in Form 4, which

(

a) shall be prepared in duplicate;

(

b) shall show that the elector will be included in the list of electors for that polling subdivision; and

(

c) where it is possible, shall state the address or location of the polling place for the polling subdivision;

and the assistant enumerator shall leave a copy of the memorandum at the residence of the elector.

Duty of rural assistant enumerator.

11(13)

The assistant enumerator for a rural polling subdivision shall obtain the information to complete the list of electors for that polling subdivision from any available source; and if it is necessary, he shall obtain it by a house-to-house canvass.

Duty of assistant enumerator as to qualifications.

11(14)

An assistant enumerator shall, in respect of each name he places on the list of electors for a polling subdivision, satisfy himself that that person is qualified, as provided herein, to be placed on the list of electors.

Use of information from other enumerations.

11(15)

Where, within six months before the date of an election in a local authority, a list of electors or a list of voters is prepared under the Canada Elections Act (Canada) or The Elections Act by an enumeration within all or part of a local authority of persons qualified as electors or voters under those Acts, the enumerator or assistant enumerators may use the information obtained to prepare that list of electors or list of voters or disclosed on that list of electors or list of voters in lieu of making a house to house canvas as required under subsection (11); and, in that event, no house to house canvas is required to be made of the local authority, or that part thereof to which that list of electors or list of voters, as the case may be, applies.

Voting where resident.

Where a person who is entitled to have his name placed on a list of electors in a local authority is a resident of the authority, his name shall be placed on the list of electors for the polling subdivision in which he has his residence as determined under

section 13, and on no other list of electors in the authority; and his residence, as so determined, shall be given as his address on the list of electors.

Rules of residence.

For the purpose of enumeration of voters under this Act the place of residence shall be governed by the following rules in so far as they are applicable:

Fixed home.

Rule 1. The residence of a person shall be his true, fixed, permanent, home or lodging place to which, whenever he is absent, he has the intention of returning.

Temporary absence.

Rule 2. A person does not lose his residence by leaving his home for temporary purposes.

Temporary residence.

Rule 3. A person shall be deemed not to have gained a residence in a local authority or a polling subdivision, if he comes for temporary purposes only, without the intention of making some place in the authority or the polling subdivision, as the case may be, his home.

Leaving local authority.

Rule 4. If a person leaves a local authority with the intention of making his residence elsewhere, he loses his residence in the authority.

Indefinite absence.

Rule 5. If a person removes to a place outside a local authority, with the intention of making that place his place of residence for an indefinite time, he loses his residence in the authority, notwithstanding that he entertains the idea or intention of returning at some future time.

Intention.

Rule 6. The place where a person's family resides shall be deemed to be his place of residence unless he takes up or continues his abode at some other place with the intention of remaining there; in which case he shall be deemed to be a resident of that other place.

Regular lodger.

Rule 7. The residence of a single person is the place where he occupies a room as a regular lodger, or to which he habitually returns, not having any other permanent lodging place.

Computation of time.

Rule 8. The time of residence shall be computed by including the day on which the person's residence commences and also the day on which the election is to be held.

MAKING, POSTING, AND DELIVERY OF LISTS

Completion of list.

14(1)

Each assistant enumerator shall, not later than the fourth Wednesday in August in each year in which a list is to be made, complete on white paper, date, certify to be correct in Form 5, and sign at least five copies of the list of electors prepared by him.

Delivery to enumerator.

14(2)

The assistant enumerator shall retain one copy of the list of electors, and shall forthwith deliver four copies thereof to the enumerator.

Fees of assistant enumerator.

Upon the delivery of the copies to the enumerator, the assistant enumerator shall furnish to the enumerator a statement in duplicate of his fees as assistant enumerator, and the amount necessarily expended by him in order to discharge his duties properly.

Additions to list by enumerator.

The enumerator may, at any time before he sends copies of the lists to the revising officer as required by

section 17, place on a list of electors the name of any other person whom he deems entitled to have his name placed thereon, but whose name and particulars do not appear in the list prepared by the assistant enumerator, together with the other particulars required herein.

Copies of list and disposal thereof.

17(1)

On receipt of the copies of a list from an assistant enumerator, the enumerator shall forthwith

(

a) send or deliver two copies thereof to the revising officer;

(

b) retain one copy for his own use; and

(

c) subject to subsection (2), cause typewritten copies of the list to be made, sufficient in number to enable him to comply with

section 18.

Printed or photographic copies.

17(2)

In lieu of having typewritten copies made as provided in clause (

c) of subsection (1) the enumerator may

(

a) have copies thereof made by any photographic or other means of mechanical reproduction sufficient in number to enable him to comply with

section 18; or

(

b) have sufficient copies thereof printed to enable him to comply with

section 18.

Names of officials.

17(3)

The enumerator shall also cause to be set forth on each copy of a list of electors the names and post office addresses of the enumerator, the revising officer, and the returning officer of the local authority.

Page for certificates

17(4)

A blank page shall be left at the end of each list of electors for the purpose of having written thereon, or attached thereto, any certificate or statement required to be appended or attached to the list after the revision thereof.

Copies of latest revised list.

17(5)

In each year in which a list of electors is not required to be made, the enumerator shall, not later than the first Wednesday in September, forward to the revising officer two copies of the latest revised list of electors of the authority.

Posting of list by enumerator.

On completion of the additional copies of a list as provided in

section 17, the enumerator shall forthwith

(

a) cause a copy to be posted up in the local authority; and

(

b) cause to be posted up in such number of other conspicuous places in each polling subdivision in the authority as, in his absolute discretion, he deems reasonable.

Notice of revision.

19(1)

On receipt from the enumerator,

(

a) in each year in which a list of electors is required to be made, of the copies of the lists prepared by the assistant enumerator; and

(

b) in each year in which a list of electors is not required to be made, of the copies of the latest revised list of electors;

the revising officer shall, as herein provided, give public notice that he will, on each day during a period of three successive days, none of which is a holiday and the last of which is before the 1st Wednesday in September, proceed to revise the list of electors

(

c) by adding thereto the names of persons who are entitled to have their names thereon, but whose names have been omitted therefrom;

(

d) by deleting therefrom the names of persons who are not entitled to have their names thereon, but whose names appear thereon; and

(

e) by making such other corrections of errors in the list as are required;

and he shall state in the notice that any person desiring to have a list of electors corrected by adding a name thereto, deleting a name therefrom, or in any other way, may appear before him on any day, and during such hours as are, fixed in the notice and that he will be heard.

Contents of notice.

19(2)

The notice shall state the place where and the days on which during the hours between one o'clock in the afternoon and nine o'clock in the afternoon, the revising officer will sit to revise the lists.

Publication of notice of revision.

19(3)

The revising officer shall publish the notice to which subsection (1) refers by

(

a) causing it to be published forthwith as provided in subsection 2(2); and

(

b) causing copies thereof to be posted up in the local authority as provided in subsection 2(3), and in such number of other conspicuous places in each polling subdivision in the local authority as, in his absolute discretion, he deems reasonable.

Reduced number of days for revision.

19(4)

The local authority may, by by-law, reduce to two or one the number of days upon which the revising officer shall sit for the purpose of revising the list; and, where the local authority passes a by-law under this subsection, the public notice referred to under subsection (1) shall refer to two days or one day, as the case may be.

Appointment of assistant revising officers.

20(1)

The revising officer may appoint assistant revising officers as he deems necessary to assist in the revision of the list.

Oath of office.

20(2)

Each assistant revising officer shall, before beginning to discharge his duties, take the oath of office set out in Form 1; and if he takes the oath and thereafter neglects or refuses to carry out and discharge the duties of an assistant revising officer, he is guilty of an offence.

Duties of assistant revising officers.

20(3)

If a revising officer appoints an assistant revising officer, he shall forthwith after the appointment, allot to the assistant revising officer one or more polling subdivision or parts thereof, for which polling subdivision, or each of which polling subdivision, the assistant revising officer shall revise the list of electors as herein provided.

Sittings for revision.

21(1)

At the place, on the days, and during the hours stated in the notice published as required in

section 19, the revising officer or assistant revising officer, as the case may be, shall sit and hear persons applying to have a list corrected by adding names thereto, deleting names therefrom, or correcting other errors therein; and the onus of proving that the list should be so corrected lies on the applicants.

Correction of errors in names.

21(2)

Where the name of an elector is required to be altered, either by changing the spelling thereof or otherwise, in order to correct an error, the revising officer or assistant revising officer, as the case may be, shall strike the name from the list entirely and enter it afresh, and as corrected, in a new place on the list.

Application to correct list.

22(1)

Any person may apply to the revising officer or assistant revising officer to correct a list of electors in any of the ways mentioned in subsection 19(1).

Notice of application.

22(2)

Where an application alleges that the name of any person other than the applicant appears on a list of electors and that that person is not entitled to have his name thereon,

(

a) the application shall

(

i) be in writing,

(ii) be addressed to the revising officer,

(iii) be left with him not later than two days before he begins to revise the list of electors, and

(iv) state the nature of the error alleged to exist in the list of electors in respect of which complaint is made; and

(

b) the revising officer or assistant revising officer shall forthwith notify that person in writing of the nature of the complaint made in the application, and shall further notify him and the applicant of the place, day, and time at which the application will be heard.

Application by purchaser.

23(1)

Where, before the time for making an application under

section 22 has expired, a person purchases, or enters into a covenant to purchase, land in a local authority, either

(

a) from a person who is named as an elector in a list of electors for the authority; or

(

b) from another person;

the purchaser may apply to the revising officer or assistant revising officer to have his name entered on the list; and, where the purchase was from a person to whom clause (

a) applies, that person may apply to have his name entered on the list in respect of any other land of which he is the owner.

Section 22 applies.

23(2)

In any case to which subsection (1) applies, the proceedings shall be the same as in the case of applications under

section 22; and the onus of proving his right to have his name entered on the list lies on the applicant.

Notice of application.

23(3)

A person claiming, under subsection (1), to have become the owner of land shall, within the time, and in the manner, prescribed for making applications under

section 22, give a written notice of his application to the revising officer.

Application by clerk.

23(4)

In a case to which subsection (1) applies, the enumerator or the clerk may, instead of either of the persons named in that subsection, apply to the revising officer or assistant revising officer to have the necessary changes made in the appropriate list of electors.

Issue of subpoena.

Any person interested in an application made under

section 22 or 23 may apply to the revising officer or assistant revising officer of the local authority for, and the revising officer or assistant revising officer shall issue, a subpoena

(

a) requiring the attendance of any person residing, or served with the subpoena, in any part of the province as a witness to give evidence at the hearing of the complaint set out in the application; and

(

b) requiring a person served with the subpoena to bring with him and produce at the hearing any papers or documents mentioned in the subpoena;

and a person duly served with such a subpoena in the manner in which a subpoena may be served in a suit in the Court of Queen's Bench, and, paid or tendered witness fees on the Court of Queen's Bench scale, shall obey the subpoena, attend the hearing, and give evidence as required.

Striking off electors for non-attendance.

Where a person, whose right to vote is the subject of inquiry, does not attend in obedience to a subpoena or order so served upon him, the revising officer or assistant revising officer if he thinks fit, in the absence of satisfactory evidence as to the reason for the non-attendance, or as to the right of the person to be an elector, may, on the ground of non-attendance, strike his name off, or refuse to place his name on, the list of electors.

Complainant dying.

Where an applicant under

section 22 or 23 dies or abandons his application, or, having been on the list of electors made by the enumerator is afterwards found not to be entitled to make such an application, the revising officer or assistant revising officer, if he thinks proper, may allow any other person who might have applied, to intervene and prosecute the application upon such terms as the revising officer or assistant revising officer thinks just.

Persons reaching voting age on or before date of election.

A person in respect of whom an application has been made to the revising officer or assistant revising officer and who will be 18 years of age, and will have been resident in the local authority for six months, on, or at any time before the date fixed for the next election, and who is otherwise qualified as an elector, is entitled to have his name remain, or be put, on the list of electors.

Transfers for purposes of qualifying electors ineffectual.

Where, on an application under

section 22 or 23, a person seeks to qualify as an elector in respect of an interest in land which the evidence shows was transferred to him for the purpose of assisting him so to qualify, and without the intention of really giving him the interest in his own right, the name of that person shall not be allowed to remain, or be put, on the list of electors.

List of corrections.

29(1)

On completion of each revision of the list of electors, the revising officer shall prepare and have typewritten, on paper of a colour other than white, a list of all names added to, and all names deleted from, the list.

Corrections on original list.

29(2)

Any other errors in the list corrected by the revising officer shall be shown by an alteration made by him in the original list, opposite to or adjoining which he shall place his initials.

Certificates attached to list.

29(3)

The revising officer shall attach to each copy of each original list, and to each copy of each list of additions and deletions, a certificate, signed by him,

(

a) certifying that

(

i) the original list to which the certificate relates has been revised and corrected by him as shown thereon, or

(ii) the additions and deletions shown on the list of additions and deletions to which the certificate relates are additions to, or deletions from, an original list of electors (identifying it) made by him on revising and correcting that original list, as the case may be; and

(

b) certifying further that the original list of electors to which the certificate relates, or to which the list of additions and deletions relates, revised and corrected as indicated thereon or as indicated by the list of additions thereto and deletions therefrom, is a true and correct list of electors for the polling subdivision in respect of which it was prepared.

Form of certificate.

29(4)

The certificates to which sub-clauses (3)(a)(

i) and (ii) relate shall be in Form 6 and Form 7, respectively.

Meaning of original list.

29(5)

In this

section and sections 30 and 31, the expression "original list" includes a list forwarded by the enumerator under subsection 17(5).

Return of lists to enumerator.

The revising officer shall, not later than the 1st Wednesday in September, send to the enumerator

(

a) one copy of each original list sent to him, having noted thereon and initialled as aforesaid any corrections thereof made by him other than the corrections mentioned in clause (b); and

(

b) three copies on paper of a colour other than white of the list of names added to, and names deleted from, the list as provided in

section 29;

and each of the copies mentioned in clauses (

a) and (

b) shall have attached thereto a certificate as provided in subsection 29(3).

Preparation of list and corrections made on revision.

31(1)

On receipt from the revising officer of the lists mentioned in

section 30, the enumerator

(

a) shall prepare four typewritten or printed copies of a list of electors for each polling subdivision, including therein all the changes and corrections made therein by the revising officer, whether by way of additions, deletions, or otherwise; or

(

b) if the council of the local authority, by resolution, so provides, shall prepare four typewritten or printed copies of

(

i) the original list to which reference is made in clause 30(a), and

(ii) the list to which reference is made in clause 30(b);

and to each list so prepared he shall append his certificate

(

c) in Form 8 in the case of a list mentioned in clause (a);

(

d) in Form 8A in the case of a list mentioned in sub-clause (b)(i); and

(

e) in Form 8B in the case of a list mentioned in sub-clause (b)(ii);

showing that it is a true and correct copy of

(

f) the list of electors for that polling subdivision; or

(

g) the original list to which reference is made in clause 30(a); or

(

h) the list to which reference is made in clause 30(b);

as the case may be.

Distribution and printing.

31(2)

The enumerator shall send two copies of each list mentioned in subsection (1) to the clerk if he is the returning officer, or, if not, one copy to the clerk and one copy to the returning officer, and he shall retain one copy of each list for his own use; and he shall have printed, copied, or reproduced, by typewriting or photographic or other means of mechanical reproduction, sufficient copies of the list for the purpose of any election held in that year or before a later list is prepared, and for any other purpose for which copies of lists of electors are required under this Act including furnishing copies to candidates as required under subsection (5).

Printed lists for returning officer.

31(3)

The enumerator shall ensure that the copies of each list of electors, printed or reproduced by typewriting or photographic or other means of mechanical reproduction, as provided in subsection (2) are completed and in his hands at least 14 days before nomination day for the next following regular election; and he shall cause the copies, other than those he delivers to the clerk under subsection (4), to be delivered to the returning officer forthwith thereafter.

Surplus copies.

31(4)

The enumerator shall forthwith deliver to the clerk

(

a) sufficient copies of the list to permit of his giving a copy thereof to each candidate at the election; and

(

b) any surplus copies of the list in his possession.

Disposal of surplus copies.

31(5)

The clerk

(

a) shall, forthwith after the nomination day aforesaid, give to each candidate at the election who applies therefor two copies of the list of electors; and

(

b) if the council of the local authority, by resolution, so provides, may sell, or otherwise dispose of, any surplus copies of the list to such persons, and on such terms as to payment therefor or otherwise, as is provided in the resolution;

and the clerk shall deliver to the treasurer, to form part of the funds of the municipality, any moneys received by him under clause (b).

Certified copy.

Subject to

section 34, a copy of the list of electors, with the corrections, if any, made by the revising officer, certified by the enumerator as provided in

section 31, and further certified by the clerk to be a true copy of the latest list of electors of the local authority as finally revised by the revising officer, and having the corporate seal, if any, of the authority attached thereto, shall be deemed to be a correct list of electors for the authority for the year in which it purports to have been made, without any proof of the signature of any person so certifying the list, or of the seal.

List of electors to be used.

The list of electors that shall be used at an election is the latest revised list certified as provided in

section 31, as evidenced by a copy thereof certified as provided in

section 32.

List of electors where new territory added.

34(1)

Where

(

a) territory is, in any manner, taken from an existing local authority and added to another authority; and

(

b) an election takes place before

(

i) a list of electors is made for the enlarged authority including the names of persons entitled to vote in any such added territory, or

(ii) the list of electors is revised;

the enumerator of the enlarged authority shall extract, from the latest revised list of electors for the authority to which the added or included territory formerly belonged, the names of the persons who would have been entitled to vote in the added or included territory if it had remained separate from the enlarged authority; and he shall place the names on the list of electors certified under

section 32.

Deletion of names from electors' list of ceded territory.

34(2)

The enumerator of the local authority to which the added or included territory formerly belonged shall delete from the list of electors of that authority any names that have been extracted therefrom as provided in subsection (1); and until a new list of electors is prepared for the authority to which the added or included territory formerly belonged, the list of electors, as so amended by the enumerator, shall be the proper list of electors for use within the authority to which the added or included territory formerly belonged, and copies thereof certified by the enumerator shall be delivered by him to the returning officer.

New division of wards, new lists.

Where a new division of wards of a local authority is made, and it is necessary to hold an election in all or any of those wards before a new list of electors is prepared, the enumerator of the authority shall extract the names of the persons who would be entitled to vote in the territory in which the election is to be held from the latest revised list of electors of the authority, and place the names in a list of electors according to the new ward divisions, and certify thereto; and that list is the proper list for use in the election and shall be delivered as such by the enumerator to the returning officer.

Payment of all charges by treasurer.

All charges for which provision is not herein made, necessarily incurred in connection with the revision of the lists of electors by the revising officer, shall be paid by the treasurer of the local authority upon the certificate of the head or chairman of the council as to the service performed, and as to the nature thereof and necessity therefor.

DEFAULTS AND PENALTIES

Provisions as to time directory only.

The times appointed for the performance, by the enumerator of a local authority, of the duties required of him under this Part as to the list of electors, are directory only to the enumerator; and the non-performance by him of any of the duties within the times appointed does not render void or inoperative any of the lists of electors.

Proceedings to compel revision of lists.

Where the enumerator or the revising officer of a local authority fails to perform any of the duties imposed upon him under this Division as to the list of electors, any person entitled to have his name placed on the list of electors may make application to a judge of the Court of Queen's Bench, to enforce performance by him of those duties.

Form of application.

The application shall state the grounds on which it is made, and shall be verified by the affidavit or statutory declaration of the applicant.

Judge's order on application.

On such an application, the judge may require the enumerator or revising officer and any other person he sees fit to appear before him and produce the assessment roll, list of electors, and any documents relating thereto, and to submit to such examination on oath as is required of him or them; and the judge shall thereupon make such orders, and give such directions, as are necessary to enforce compliance with this Division.

Penalty incurred by officials for omissions

A clerk, enumerator, assistant enumerator, revising officer or assistant revising officer who neglects, refuses, omits, or fails to perform any of the duties required of him under this Division respecting the list of electors, is guilty of an offence.

Fraudulent qualification.

No person shall make, execute, accept or become a party to any lease, deed, or other instrument, or to any oral arrangement, whereby a colourable interest in any land is conferred, in order to qualify any person to vote at an election.

Offences and penalties.

Any person who violates

section 42, is guilty of an offence; and any person who induces, or attempts to induce, another to commit an offence under

section 42 is guilty of an offence.

DIVISION II NOMINATIONS

Nomination of candidates.

Nominations of candidates in each local authority shall be filed with the returning officer, and he shall receive them, in such years, or at such times, and at such place, and during such period, as is required in the Act under which the local authority is constituted, and the nominations shall be made in accordance with sections 45 to 49.

Notice to be given.

45(1)

The returning officer of each local authority shall give at least 14 days previous notice of the date, time, and place when and where he will receive nominations

(

a) by publishing the notice as provided in subsection 2(2); or

(

b) by posting up a notice as provided in subsection 2(3).

Contents of notice.

45(2)

The notice shall include a statement setting out a brief description of the declarations, certificates, and other documents that, under the Act constituting a local authority, are required to accompany a nomination of a candidate, if any such are so required.

Presence of returning officer.

45(3)

The returning officer shall be present on the date, and at the time and place stated in the notice.

Making of nominations.

46(1)

All nominations shall be made in writing, and shall be signed

(

a) in the case of the election of a member of the council for a ward, where the authority is divided into wards, by

(

i) at least 25 electors of the ward, or

(ii) not less than 1% of the electors of the ward, whichever is the lesser; and

(

b) in all other cases, by

(

i) at least 25 electors of the authority, or

(ii) not less than 1% of the electors of the authority, whichever is the lesser;

but, in all cases, by at least two electors.

Documents to accompany nomination.

46(2)

Each nomination shall be accompanied by a written acceptance thereof by the candidate, and by such other declarations, certificates, and documents, if any, as may be required as mentioned in subsection 45(2).

Form of declaration of candidate required.

46(3)

Where a nomination is required to be accompanied by a declaration by the candidate, the declaration shall be in Form 9.

Forms of documents required.

46(4)

Where a nomination is required to be accompanied by a certificate of the treasurer of the authority or of any other person, or by any other document, the certificate or document shall be in such form, if any, as may be required or authorized in the Act under which the authority is constituted.

Rejection of nomination paper.

46(5)

A nomination paper not accompanied by a written acceptance as required under subsection (2), and by such other declarations, certificates, and documents, if any, as may be required as mentioned in subsection 45(2). shall be rejected by the returning officer.

Offence.

46(6)

Any candidate who makes a false statement in a declaration accompanying his acceptance of nomination is guilty of an offence.

Proceedings on acclamation.

Where only that number of candidates for any particular office or offices that is equal to the number of offices to be filled is nominated within the time limited therefor, the returning officer shall declare the candidate or candidates nominated, duly elected to that office or those offices.

Where poll required.

Where more candidates are nominated for any particular office than are required to be elected, the returning officer,

(

a) shall forthwith publicly announce the names of the candidates and the date and time when, the polls will be open for the taking of votes for the candidates nominated; and

(

b) subject to

section 49, shall, within seven days after the nomination, publish or post up in the authority or in the appropriate polling subdivisions thereof, a notice showing

(

i) the names of the persons nominated, and

(ii) the date and time when and the places where, the polls will be open for the taking of votes for the candidates nominated.

Mailing of notice as to polling.

It is a sufficient compliance with the requirement of sub-clause 48(b)(ii) as to publishing or posting up a notice of the matters mentioned in that sub-clause, if the returning officer causes to be sent, by mail, to each person named on the list of electors for each polling subdivision in the authority, not less than 10 days before the day of the election, a notice showing the date and time when, and the places where, the polls will be open in that polling subdivision for the taking of votes for the candidates nominated.

Appointment of agents.

A candidate may, at any time after his nomination, appoint in writing a person to act as his official agent for the purpose of representing him throughout the election; and upon appointing an agent, the candidate shall

(

a) hand the written appointment to the agent; and

(

b) notify the returning officer, in writing, of the appointment.

Withdrawals.

Where more candidates are nominated for any particular office than are required to be elected, any candidate may, before two o'clock in the afternoon of the second day following the nomination day, tender his withdrawal, in writing, to the returning officer, who shall accept it if a sufficient number of candidates remain to fill the offices to be filled.

Death of a candidate.

Where a candidate dies after being nominated and before the close of the poll, the returning officer shall fix a new day for the nomination of candidates and for polling; and the nomination day shall be the nearest day practicable after allowing the required time between the posting of the warrant and the nomination day: and he shall forthwith make a return thereof to the head of the council and with his return report the cause of the postponement of the election.

DIVISION III

TIME, PLACE. AND MANNER OF HOLDING ELECTIONS

Where elections held.

53(1)

Subject to subsection 56(4), every election shall be held in the local authority to which it relates, in such years as are required in the Act under which the local authority is constituted.

Polling hours.

53(2)

Subject to

section 57, polling shall begin at eight o'clock in the forenoon and close at eight o'clock in the afternoon of the same day.

PRELIMINARY PROCEEDINGS

Appointment of deputy returning officer.

54(1)

Where the election is to be held by polling subdivisions and a poll is required, the returning officer shall appoint, for each polling subdivision, one (or, where necessary, more than one) deputy returning officer, who shall preside at the polling place for the polling subdivision; but the returning officer may take charge of one of the polling subdivisions, and perform the duties therein to be performed by a deputy returning officer.

Duty of returning officer where no polling subdivisions.

54(2)

Where a local authority is not divided into polling subdivisions, the returning officer may

(

a) perform the like duties with respect to the whole authority as are imposed upon a deputy returning officer in respect of a polling subdivision; or

(

b) establish such number of polling places as he deems are necessary or desirable for the greater convenience of the electors, and appoint deputy returning officers to act as provided in respect of cases to which subsection (1) applies.

Provision of quarters for R.O.

54(3)

The returning officer shall arrange to provide himself with quarters reasonably sufficient to enable him to discharge his duties properly.

Appointment of assistant returning officers.

54(4)

The returning officer may appoint one or more assistant returning officers, and may delegate to the assistant returning officers any duties and powers imposed on or granted to the returning officer under this Act.

Return to be made by D.R.O.

55(1)

Each deputy returning officer shall make the returns for his polling subdivision to the returning officer.

Offences by D.R.O.

55(2)

Each deputy returning officer who has taken the oath of office herein required and has not been relieved of his appointment before election day, and who, without just excuse, fails to present himself at the proper time on election day at the polling place to which he has been appointed or who otherwise fails to perform the duties of his office as herein set forth, is guilty of an offence.

POLLING PLACES

Appointment of polling places.

56(1)

The returning officer of each local authority shall establish the polling places in each polling subdivision for each election.

Premises of candidate not to be used.

56(2)

No polling place shall be established in premises in which a candidate for election has any estate or interest, or in any licensed premises within the meaning of The Liquor Control Act.

Ease of access.

56(3)

As far as possible, the returning officer shall locate polling places in premises which provide ease of access to voters who are confined to wheelchairs or are otherwise physically incapacitated.

Polling places in another local authority.

56(4)

Where the greater convenience of electors of a local authority would be suited thereby, the returning officer may establish in another local authority a polling place for any polling subdivision of the local authority first mentioned, or any portion of such a polling subdivision.

ADVANCE POLLS

Persons voting at advance polls.

57(1)

For the purpose of accommodating persons who are qualified to vote and

(

a) who are appointed deputy returning officers, poll clerks, interpreters, or constables, or scrutineers, and because of their appointments are unable to attend at the proper polling places to cast their votes; or

(

b) who have reason to believe that they will be absent from the local authority on the day fixed for the election or voting on any by-law in the local authority; or

(

c) who suffer from physical infirmities;

the returning officer may, and if directed to do so by by-law of the council, shall, establish an advance polling place or places at a central location, in the authority at which votes may be cast by those persons; and all things shall be done, and proceedings taken, with respect thereto that are required to be done or taken in, and with respect to, any polling place in the election or voting.

Days and hours to be open.

57(2)

The poll at every advance polling place shall, subject to subsection (3), be open, and kept open, during the three days, none of which is a holiday, immediately prior to the day immediately preceding the day of the election or voting, during the hours between five and nine o'clock in the afternoon.

Reduction of advance polling days.

57(3)

The local authority may, by by-law, reduce to two or one the number of days the returning officer is required to open and keep open the advanced poll; and in the by-law shall indicate which of the three days mentioned in subsection (2) the advance poll is to be open and kept open.

Ease of access.

57(4)

The poll at every advance polling place shall be located so as to provide ease of access to voters who are confined to wheelchairs or are otherwise physically incapacitated.

Statement of voter.

57(5)

Every person applying to vote at an advance polling place, before being permitted to do so, shall be required by the deputy returning officer in charge of the poll to make and sign, and shall make and sign, a statement in Form 10, or to like effect; and any person who makes any such statement knowing that it, or any part of it, is false is guilty of an offence.

Filing of statement.

57(6)

The deputy returning officer shall file the statement with the other records of the poll.

Other declarations.

57(7)

The conduct of the poll and the voting procedures thereat shall be in accordance with those prescribed herein in respect of a regular poll.

Ballot box.

57(8)

At every advance polling place, at the close of the poll each day, the deputy returning officer, without opening the ballot box, shall seal the aperture for placing the ballots in the box; and at the opening of the poll on the following day he shall break the seals in the presence of such persons as are lawfully present.

Custody.

57(9)

The ballot box shall be at all times in the personal custody of the deputy returning officer until delivery to the returning officer.

Proceedings at close of polls.

57(10)

At the close of the poll on the third day the deputy returning officer and the poll clerk, if any, and any candidate or scrutineer present who desires to do so, shall affix their seals to the ballot box in such a manner that the box cannot be opened or any ballots be deposited therein without breaking the seals; and the deputy returning officer shall take charge of, and safely keep, the ballot box until the closing of the poll on election day, when he shall, at the place of the advance poll, proceed to count and sort the ballots, prepare the statements, and make the returns and deliveries required herein.

Forms

57(11)

In all forms, declarations and statements relating to a poll in such polling places, the poll shall be described as the "advance poll".

WHERE ELECTORS MAY VOTE

Voting by resident elector.

58(1)

Subject to

section 59, where a local authority is divided into polling subdivisions, a resident elector shall vote in the polling subdivision in which he resides, and there only.

Voting by non-resident elector.

58(2)

Where a local authority is divided into polling subdivisions, a non-resident elector shall vote in one only of the polling subdivisions in which he is a qualified elector.

Certificate to entitle officers to vote.

On the request of any elector who has been appointed deputy returning officer, poll clerk, interpreter, constable, or scrutineer of a candidate, to attend at any polling place other than the one at which he is entitled to vote, the returning officer shall give him a certificate certifying that he is entitled to vote

(

a) at the advance poll; or

(

b) at the polling place where he is to attend on election day;

and the certificate shall state the basis of the qualification in respect of which he is entitled to vote.

Right to vote on production of certificate.

On the production of a certificate issued under

section 59, the elector has the right to vote at the advance poll instead of at the polling station at which he would otherwise have been entitled to vote; and the deputy returning officer shall attach the certificate to the poll book.

Authority to vote under certificate.

A certificate issued under

section 59 does not entitle an elector to vote for candidates for election as members of the council in a local authority divided into wards, except in the ward in which he would otherwise be entitled so to vote.

BALLOT BOXES

Procurement of ballot boxes.

62(1)

Where a poll is required, the returning officer shall procure, at the expense of the local authority, at least as many ballot boxes as there are polling subdivisions in the authority.

Construction of ballot boxes.

62(2)

The ballot boxes shall be made of some durable material, shall be provided with a lock and key, and shall be so constructed that the ballot papers may be deposited therein and may not be withdrawn without unlocking the box.

Delivery of ballot boxes.

62(3)

Prior to the opening of each poll the returning officer shall deliver a ballot box to the deputy returning officer thereof.

BALLOT PAPERS

Printing of ballot papers.

63(1)

Where a poll is required, the returning officer shall forthwith cause to be printed, at the expense of the local authority, a sufficient number of ballot papers for the purposes of the election.

Paper for ballots.

63(2)

Ballot papers shall be printed on paper of a weight of not less than that known to the printing trade as "substance number 24".

Contents of ballot papers.

63(3)

Every ballot paper shall contain the names of the duly nominated candidates which, subject to subsection (4), shall be arranged alphabetically in the order of their surnames and, if there are two or more candidates with the same surname, then in the order of their given names.

Rotating ballot forms.

63(4)

The council of a local authority may, by resolution, provide that where there are three or more candidates for any one office, the ballot papers for election to that office shall be both printed, and bound into pads, in a varying sequence as in this subsection provided, having, as nearly as possible, the same number of ballot papers of each sequence in each pad. and being in accordance with the following provisions:

(

a) The names on the ballot papers in the first sequence shall be printed in the alphabetical order of the surnames of the candidates;

(

b) In the second sequence, the name that appears first on the ballot papers in the first sequence shall appear last, and the first name to appear on the ballot papers in the second sequence shall be the name that appeared second on the ballot papers in the first sequence;

(

c) The varying sequence aforesaid shall be continued until each name on the ballot papers has appeared first, last, and in each intermediary position on the ballot papers.

Variation of prescribed sequence not to invalidate election.

63(5)

No variation of the sequence prescribed in subsection (4) invalidates or affects any election.

Different sets of ballots for mayor and aldermen.

63(6)

In the case of an election in a municipality,

(

a) the names of the candidates for mayor or reeve shall not be included in the same ballot paper with the names of the candidates for aldermen or councillors; and

(

b) one set of ballot papers shall be prepared for all the polling subdivisions, containing the names of the candidates for mayor or reeve, and another set shall be prepared for each polling subdivision containing the names of the candidates for aidermen or councillors for whom voting takes place in that polling subdivision.

Form of ballot papers.

63(7)

The ballot papers shall be in the form set out in Form 21 (First Paper) or in Form 21 (Second Paper), or in both forms, according as the ballot is for the election of one, or more than one, persons.

VOTING COMPARTMENTS AND MATERIALS

Compartment for voters to mark ballots.

The returning officer and the respective deputy returning officers shall see that a proper compartment, in which the electors can mark their ballot papers screened from observation, is provided at each polling place.

Materials to be furnished to deputy returning officers.

65(1)

Where a local authority is divided into polling subdivisions, the returning officer shall, before the opening of the poll, deliver or cause to be delivered to each deputy returning officer, for use in his polling subdivision, the necessary materials for holding the election and for voters to mark the ballot papers; and the materials shall be kept at the polling place by the deputy returning officer for the use of electors in voting.

Duties of returning officer.

65(2)

Without restricting the generality of subsection (1), the returning officer shall, before the opening of the poll, deliver or cause to be delivered to each deputy returning officer the following:

(

a) at least five copies of the directions for the guidance of voters in voting set out in Form 11;

(

b) a copy of his written instructions, if any, to deputy returning officers;

(

c) a suitable poll book;

(

d) a copy of the latest revised list of electors;

(

e) where a by-law is being submitted for the assent of the resident electors, a copy of the latest certified list of electors showing which electors are resident in the local authority;

(

f) a ballot box or ballot boxes;

(

g) the necessary ballot papers;

(

h) the materials necessary to enable voters to mark the ballot papers, and such other forms, stationery, and materials as may be required to enable the deputy returning officer to perform his duties properly;

(

i) the necessary copies of the oaths of electors and interpreters, incapacitated voters, and persons applying to have their names placed on the list of electors.

Keeping of materials for voters.

65(3)

Each deputy returning officer shall keep at the polling place, for the convenient use of voters, the materials mentioned in clauses (2)(

h) and (i).

DEPUTY RETURNING OFFICERS

Oath of office.

66(1)

Each deputy returning officer, before beginning to discharge his duties, shall take the oath of office set out in Form 1.

Making of returns.

66(2)

Each deputy returning officer shall make the returns for his polling subdivision to the returning officer.

Duty of poll clerk if deputy becomes ill

67(1)

Where a deputy returning officer becomes ill and unable to perform the duties assigned to him during the day of the election, the poll clerk, if any, for the polling subdivision has all the powers, and shall perform all the duties, of the deputy returning officer, and shall appoint another person to act as poll clerk.

Where no poll clerk.

67(2)

Where there is no poll clerk for the polling subdivision the returning officer may appoint other persons to act as deputy returning officer and poll clerk respectively; but, in lieu of appointing another deputy returning officer, he may himself act as deputy returning officer.

Powers of substitute.

67(3)

Where the poll clerk for the polling subdivision, or the returning officer or other person appointed by him, performs the duties of the deputy returning officer who is unable to act, the signature or initials as the case may be, on the backs of the ballot papers and on any other documents required to be signed or initialled by the deputy returning officer is or are of the same effect in all respects as the signature or initials of a deputy returning officer duly appointed for the polling subdivision.

Poll clerk.

68(1)

In his discretion a returning officer may appoint one or more poll clerks for any polling subdivision; and a poll clerk may, under the direction of the deputy returning officer, perform any of the duties assigned to the deputy returning officer.

Oath of office.

68(2)

Each poll clerk, before beginning to discharge his duties, shall take the oath of office set out in Form 1.

Offence

69(1)

Any person who, in or at any polling place during the day of an election,

(

a) assaults, beats, molests, threatens, or interferes with any person coming to, present or remaining at, or going from the polling place, for the purpose of voting or otherwise: or

(

b) otherwise acts in a riotous or disorderly manner;

is guilty of an offence.

Arrest or ejection of offender.

69(2)

Each returning officer and each deputy returning officer shall, during the day of an election or of the voting on a by-law, act as a conservator of the peace; and he may cause any person who, in his opinion, has committed an offence under subsection (1) to be arrested or ejected from the polling place.

Detention of person arrested.

69(3)

Where a returning officer or a deputy returning officer causes any person to be arrested as provided in subsection (2), he shall forthwith deliver that person to a peace officer, and the peace officer may detain the person until he is dealt with in accordance with this section.

Arraignment.

69(4)

A peace officer who receives delivery of, and detains, a person who has been arrested under subsection (2) shall, in accordance with this section, take that person, or cause him to be taken, before a justice to be dealt with as provided in

Part XIV of the Criminal Code and in The

Summary Convictions Act and this section.

Laying of information.

69(5)

Where a person is arrested and taken before a justice as provided in this section, the deputy returning officer who causted him to be arrested shall forthwith lay an information in writing and under oath before a justice; and the justice shall receive the information where it is alleged that the person arrested has committed an offence under subsection (1).

Assistance to returning officer.

69(6)

When so required by the returning officer or deputy returning officer, every peace officer and every person present in the polling place at the time of the arrest or ejection of any person as provided in subsection (2) shall assist the returning officer or deputy returning officer or any constable appointed under this Division or any other peace officer there present in carrying out this section.

Appointment of constables.

70(1)

A returning officer, deputy returning officer or justice of the peace may appoint and swear in any number of special constables to assist in the preservation of the peace or preservation of order at an election or at the voting upon a by-law.

Oath of office.

70(2)

Each constable, before beginning to discharge his duties, shall take the oath of office set out in Form 1.

Offence

70(3)

Any person who is liable to serve as constable, and is required by a returning officer, deputy returning officer, or justice of the peace to be sworn in as a special constable, and who refuses to be sworn in or to serve, is guilty of an offence.

Copies of Act to be posted.

Before the day of polling at each election, the returning officer shall post up in his office a copy of this Act, as amended from time to time.

Poll books.

72(1)

The returning officer shall, as required under

section 65, furnish each deputy returning officer with a suitable poll book in which the deputy returning officer or the poll clerk shall enter the names of all persons applying to vote, unless those names are previously printed therein.

Entries in poll book.

72(2)

The deputy returning officer or poll clerk shall record whether those persons vote for mayor or reeve, or aldermen or councillors, or both, or for school trustees, or a by-law or for all of them and, in any case, whether those persons are objected to or sworn, and, by whom, and. if objected to, whether the person votes or not.

Interference with voters prohibited.

No person shall interfere with, or attempt to interfere with, an elector when marking his ballot or casting his vote, or otherwise attempt to obtain at the polling place information as to the candidate or candidates for whom any elector, at that polling place, is about to vote or has voted.

Information as to candidate for whom elector votes.

No person shall communicate at any-

time to any person any information obtained at a polling place as to the candidate or candidates for whom any elector at that polling place is about to vote or has voted.

Officers to maintain secrecy of voting.

Every returning officer, deputy-returning officer, poll clerk, constable, candidate, and scrutineer of a candidate, in attendance at a polling place or at the counting of the votes, or at both, shall maintain, and aid in maintaining, the secrecy of the voting: and he shall not communicate, or attempt to communicate, any information obtained at the counting of the votes as to any candidate for whom any vote is given in any particular ballot paper or by any particular elector.

No person to induce voter to show marked ballot.

No person shall, directly or indirectly, induce an elector to display his ballot paper after he has marked it. so as to make known to any person the name of any candidate for whom he has voted.

Declaration of secrecy.

77(1)

Before the opening of the polls (including the advance poll),

(

a) the returning officer of the local authority shall make a declaration of secrecy; and

(

b) every deputy returning officer, poll clerk, interpreter, constable, candidate or scrutineer of a candidate, in attendance at a polling place, or at the counting of votes, or at a recount thereof, shall make a declaration of secrecy.

Form of declaration of secrecy.

77(2)

The declaration of secrecy shall be in Form 12.

No one compellable to disclose his vote.

No person who has voted at an election shall, in any legal proceedings to question the election or return, be required to state for whom he has voted.

POLLING

Voting by ballot.

Where a poll is required at an election, the votes shall be given by ballot.

Placarding of directions.

Before the opening of the poll, or immediately thereafter, on receiving the printed directions for the guidance of the voter in voting, each deputy returning officer shall cause them to be placarded outside his polling place, and also in every compartment of the polling place; and he shall ensure that they remain so placarded until the close of the polling.

Deputy returning officer to show box empty and then lock and seal it.

The deputy returning officer shall, immediately before the commencement of the poll, show the ballot box to such persons as are present in the polling place, so that they may see that it is empty; and he shall then lock the box and place his seal upon it in such manner as to prevent it being opened without breaking the seal; and he shall then place the box in plain view for the receipt of ballot papers, and shall keep it so locked and sealed during the hours of voting.

Persons entitled to be present.

82(1)

During the hours appointed for voting, no person is entitled, or shall be permitted, to be present in any polling place other than

(

a) the election officers;

(

b) the candidates;

(

c) the interpreter, if any, appointed;

(

d) two scrutineers for each candidate appointed for that polling place and authorized as provided under subsection (2);

(

e) a scrutineer-at-large for each candidate appointed and authorized as provided in subsection (3); and

(

f) such electors as are, from time to time, actually within the premises in which the polling place is situated for the purpose of voting.

Appointment of scrutineers.

82(2)

Each candidate may appoint in writing, in respect of each poll, not more than two persons as scrutineers to represent him at that poll and a scrutineer so appointed is entitled to be present in the polling place of that poll

(

a) during polling hours;

(b) 15 minutes before the polls are open; and

(

c) after the poll is closed until the counting of votes at the poll is completed.

Appointment of scrutineers-at-large.

82(3)

Each candidate may appoint in writing not more than two persons as scrutineers-at-large to represent him at the polls of the local authority, or the ward thereof in which he is a candidate, as the case may be, and a scrutineer-at-large is entitled to be present in any polling place in the local authority or the wards thereof, as the case may be,

(

a) during polling hours;

(b) 15 minutes before the polls are open; and

(

c) after the poll is closed until the counting of votes at the poll is completed.

Candidate may undertake duties of a scrutineer.

82(4)

A candidate may himself undertake the duties that any scrutineer of his, if appointed, is authorized to undertake, or may assist his scrutineer in the performance of those duties, and may be present at any place at which his scrutineer, pursuant to this Division, is authorized to attend; but no candidate shall be present at the marking of a ballot by an incapacitated voter or a voter unable to read.

Expressions referring to scrutineers.

82(5)

Where in this Division expressions are used requiring or authorizing any act or thing to be done, or implying that any act or thing is to be done, in the presence of the scrutineers of the candidates, those expressions shall be conclusively deemed to refer to the presence of such scrutineers of the candidates as are authorized to attend, and as have in fact attended, at the time and place where the act or thing is being done; and the non-attendance of any scrutineer at any such time and place does not invalidate the act or thing if otherwise duly done.

Assistance from peace officers.

82(6)

The deputy returning officer may, however, have present, or summon to his assistance in the polling place, any peace officer, for the purpose of maintaining order or of preserving the public peace or preventing any breach thereof, or of removing any person who, in the opinion of the deputy returning officer, is obstructing the polling or wilfully violating any provision of this Act.

Persons entitled to vote at elections.

83(1)

Except in the case of a new local authority or territory added to an authority for which there is no list of electors and subject to

section 9, no person is entitled to vote at an election unless he is

(

a) a person named, or purported to be named, in the list of electors certified as provided in

section 32; or

(

b) a person

(

i) who is qualified to vote at a polling subdivision in the authority,

(ii) whose name, though not on the list of electors, has not been struck off that list by the revising officer, and

(iii) whose application, if any, to have his name placed on the list of electors under

section 22 or 23 has not been rejected by the revising officer.

Questions of qualification.

83(2)

No question of qualification shall be raised at an election except to require a person claiming to be entitled to vote, to take the affidavit of an elector in Form 13.

Voting after taking affidavit of elector.

84(1)

A person who presents himself at the polling place of a polling subdivision, who claims to be entitled to have his name added to the list of electors for that polling subdivision for the purpose of voting, and who applies to have his name so added, is entitled to vote if he swears or affirms the affidavit of an elector in Form 13.

Administration of affidavit.

84(2)

The deputy returning officer shall administer to each person applying under subsection (1) the affidavit of an elector in Form 13; and, if the applicant swears the affidavit, the deputy returning officer shall add his name to the list of electors at that polling place, prefixing a number thereto.

General proceedings on tender of vote.

85(1)

Where a person claiming to be entitled to vote presents himself at the polling place of a polling subdivision for the purpose of voting, the deputy returning officer shall, subject as herein provided, proceed as follows:

(

a) he shall ascertain whether the name of the person is entered on the list of electors for that polling subdivision; and, if it is not, he shall require the person to swear the affidavit of an elector as provided in

section 84;

(

b) he shall record, or cause to be recorded, in the proper column of the poll book, the name, number on the list of electors, and residence of the person;

(

c) where a candidate or his scrutineer or an election officer wishes to have sworn any person claiming to be entitled to vote or presenting himself for the purpose of voting, the candidate or his scrutineer, or that election officer, before that person receives a ballot from the deputy returning officer and not afterwards, shall request that he swear the affidavit in Form 13;

(

d) where the person swears the affidavit in Form 13, the deputy returning officer shall enter, or cause to be entered, opposite that person's name, in the proper column of the poll book the word "sworn" or "affirmed" according to the fact;

(

e) where the person refuses to swear the affidavit in Form 13, the deputy returning officer shall enter or cause to be entered opposite his name, in the proper column of the poll book, the words "refused to be sworn" or "refused to affirm" according to the fact; and the person shall not be permitted to vote;

(

f) where objection to a vote is made by any candidate or his scrutineer, the deputy returning officer shall enter, or cause to be entered, in the poll book, opposite the name of the person in the proper column, the words "objected to", and the name of the candidate by whom, or on whose behalf, the objection is made.

Only one vote.

85(2)

No person may present himself more than once for the purpose of voting.

Inquiries prohibited.

85(3)

Subject to

section 95, no inquiries shall be made of any elector voting except with respect to the facts specified in the affidavit, taken or to be taken by him.

Mode of voting to be explained to voter.

The deputy returning officer may, and upon request shall, either personally or through his poll clerk, explain to the person voting, as concisely as possible, the mode of voting.

Appointment of interpreters.

87(1)

Oath of interpreter.

87(2)

Before acting as interpreter the person appointed shall swear or affirm the affidavit in Form 14.

Ballot to be initialled by deputy returning officer.

Subject to clause 85(1)(e). when the proper entries respecting the person applying to vote have been made in the poll book as required by this Act, the deputy returning officer shall initial the back of the ballot paper, and deliver it to the person so applying.

Entries in poll book.

In the case of any election, the deputy returning officer or poll clerk shall indicate by an entry in the poll book opposite the name of each elector

(

a) whether he has voted for a candidate for the office of mayor or reeve only, or for candidates for office as aldermen or councillors only, or for both or for candidates for office as school trustees: and

(

b) whether he has voted on approval of a by-law under

Part IV.

Marking ballot.

90(1)

Upon receiving from the deputy returning officer the ballot paper, the elector shall forthwith proceed into the compartment provided for the purpose and shall there and then mark his ballot paper in the manner mentioned in the directions for the guidance of electors by placing a cross thus, - X - on the right-hand side opposite the name of any candidate for whom he desires to vote, or at any other place within the division on the ballot that contains the name of that candidate.

Delivery of ballot.

90(2)

The elector shall then fold the ballot paper across so as to conceal the names of the candidates and the marks upon the face of the paper and so as to expose the initials of the deputy returning officer and, leaving the compartment, shall, without delay and without showing the front of the ballot paper to anyone, or so displaying the ballot paper as to indicate the candidate or candidates for whom he has voted, deliver the ballot paper so folded to the deputy returning officer.

Deposit of ballot.

90(3)

The deputy returning officer, without unfolding the ballot paper, or in any way disclosing to himself or any other person the name of any candidate or the marks made by the elector, shall verify his own initials and. in the presence of those present, at once deposit the ballot paper in the ballot box: and the elector shall then forthwith leave the polling place.

Receipt of ballot evidence of having voted.

Subject to sections 93, 94 and 95. the receipt of any elector of a ballot paper within the polling place is evidence that he has there and then voted.

Exclusion from balloting compartment.

Subject to

section 95, while the elector is in the balloting compartment no other person shall be allowed to enter the compartment, or to be in any position from which he can observe the mode in which the elector marks his ballot paper.

Voters not to take ballot from polling place.

93(1)

A person who has received a ballot paper shall not take it out of the polling place.

Forfeiture of vote.

93(2)

When a person leaves the polling place without first delivering his ballot paper to the deputy returning officer in the manner prescribed, or returns it, declining to vote, he thereby forfeits his right to vote; and the deputy returning officer shall make an entry in the poll book, in the column for remarks, to the effect that the person received a ballot paper but took it out of the polling place or returned it declining to vote, as the facts may be.

Action of deputy returning officer.

93(3)

Where a person returns his ballot paper declining to vote, the deputy returning officer shall immediately write the word "declined" upon, and preserve, the ballot paper.

Proceedings if ballot cannot be used.

An elector voting, who has inadvertently spoiled his ballot paper may, on returning it to the deputy returning officer, obtain another ballot paper, and the deputy returning officer shall immediately write the word "spoiled" upon the returned ballot paper and preserve it.

VOTING BY INCAPACITATED PERSON

Proceedings in case of incapacity to mark ballot.

95(1)

Notwithstanding any other provision of this Act. where a person claiming to be entitled to vote presents himself for the purpose of voting and makes a declaration in Form 15, that he is unable to read, or is incapacitated by blindness or other physical cause from marking his ballot paper and the person is unable or unwilling for any reason to vote by using a template as provided in subsection (2), the deputy returning officer shall proceed as follows:

(

a) he shall

(

i) in the presence of any scrutineers of the candidates who are then present in the polling place, cause the vote of that person to be marked on the ballot paper in the manner directed by the person, and shall place the ballot paper in the ballot box. or

(ii) if the person is accompanied by a friend, permit the friend to accompany the person into the voting compartment and mark the person's ballot paper for him:

(

b) he shall state or cause to be stated in the poll book, by entry opposite the name of that person, that the vote is marked pursuant to this section, and the reason why it is so marked: and

(

c) the declaration of inability to read or of incapacity to mark a ballot paper shall be made before, attested by, and given to, the deputy returning officer at the time of voting, in Form 15.

Use of template.

95(2)

Where a voter is, by reason of blindness or other visual impairment, unable to vote in the manner prescribed in sections 85 to 94, and the voter applies to the deputy returning officer to be permitted to vote, the deputy returning officer shall

(

a) provide the voter with a template prepared to assist voters who are blind or otherwise visually impaired in marking their ballots:

(

b) where necessary, instruct the voter in the use of the template:

(

c) lead the voter, or cause the voter to be led, to the voting compartment and leave the voter there to mark the ballot;

(

d) retrieve the template from the voter after the voter has marked the ballot; and

(

e) otherwise follow the procedures laid down by this Act as far as is practicable for the purpose of accepting the marked ballot and depositing it in the ballot box.

Application to vote by mail.

95(3)

An elector who is unable, due to physical incapacity, to go in person to the polling place or advance poll for an election, may apply in writing to the returning officer at least seven days before the day on which polling takes place at the election to vote at the election by mail.

Ballot to be delivered to elector.

95(4)

Where the returning officer is satisfied that an elector who applied under subsection (3) is entitled to vote at the election and is physically incapacitated, he shall initial a ballot paper for the purposes of

section 88 and shall deliver or cause to be delivered to the residence of the elector not later than four days before the day on which the polling takes place, or shall send to the elector to arrive by ordinary mail at the residence of the elector not later than four days before the day on which the polling takes place

(

a) the ballot paper so marked;

(

b) a ballot envelope with instructions printed thereon as shown on the ballot envelope in Form 26;

(

c) a certificate envelope with a certificate of identification printed thereon as shown on the certificate envelope in Form 27;

(

d) an outer envelope with the address of the returning officer printed thereon as shown on the outer envelope in Form 28; and

(

e) instructions as how to vote by mail as described in subsection (7);

and he shall cross the name of the elector from the list of electors for the polling place at which the elector was entitled to vote.

Record of electors.

95(5)

The returning officer shall keep a record in a separate poll book of the names of the electors to whom he has sent ballots under subsection (4).

Marking of ballot.

95(6)

Except as herein otherwise provided, an elector to whom a ballot is sent under subsection (4) shall mark the ballot and vote in accordance with the provisions of this Act.

Instructions to voter.

95(7)

An elector voting by mail shall follow these instructions:

(

a) the elector shall mark the ballot as required for the purposes of the election;

(

b) the elector shall insert the marked ballot in the ballot envelope, and seal the ballot envelope;

(

c) the elector shall insert the ballot envelope in the certificate envelope and seal the certificate envelope;

(

d) the elector shall complete the form of certificate of identification on the certificate envelope;

(

e) the certificate envelope shall be inserted in the outer envelope and the outer envelope sealed;

(

f) the elector shall deliver the outer envelope containing the ballot, the ballot envelope and the certificate envelope, to the returning officer not later than the close of polls on the day on which the polling takes place at the election.

Receiving mailed ballots.

95(8)

Upon receiving a ballot sent by mail under this section, the returning officer shall remove the certificate envelope from the outer envelope, and

(

a) if he is satisfied from the examination of the certificate on the certificate envelope as to the identity of the elector whose ballot is enclosed, he shall open and destroy the certificate envelope and place the ballot, still enclosed in the ballot envelope, in a ballot box maintained by him for that purpose; but

(

b) if he is not satisfied as to the identity of the elector whose ballot is enclosed, he shall retain the certificate envelope unopened and treat it as a spoiled ballot.

Counting of votes.

95(9)

At the close of polling on polling day, the returning officer shall open the ballot box maintained by him for the purpose of mailed ballots, open the ballot envelopes contained therein and allocate the ballots to their respective polling subdivisions and shall count the ballots allotted to each polling subdivision and distribute the votes recorded on the ballots to the respective candidates, observing as nearly as possible the procedures applicable to an ordinary poll.

Statement of poll.

95(10)

The returning officer shall prepare a statement of his poll of mailed ballots similar to that required under

section 97, and shall take the statement into account before casting up the number of votes under

section 100, adding the number of votes shown for each candidate on the statement so prepared to the total number of votes for that candidate shown by all the statements of the returning officers.

INTERRUPTED POLLS

Proceedings where election interrupted.

96(1)

Where, by reason of riot or other emergency, an election in any polling subdivision is not begun on the proper day, or is interrupted after being begun and before the hour fixed for the closing of the poll, the returning officer or deputy returning officer shall hold or resume the election on the next following day, at the hour of eight o'clock in the forenoon, and continue the election from day to day, if necessary, for four days, until the poll has been opened without interruption and with free access to the electors for a total of 12 hours in all.

Return where no election held.

96(2)

Where at the election, a poll has not, by the end of the fourth day from the day the election began or should have begun, been kept open for the required number of hours, the returning officer or deputy returning officer shall not return any person as elected; but

(

a) the deputy returning officer presiding shall, on the next following day, return to the returning officer the poll book and list of electors and the ballot papers, if any; and

(

b) the returning officer, on receipt of the poll book, list of electors, and ballot papers, if any, shall forthwith return them to the head or chairman of the council of the local authority, certifying the cause of there not being an election;

and thereupon a new election shall be held, and the head or chairman of the council of the authority shall forthwith issue his warrant therefor.

DEPUTY RETURNING OFFICER'S COUNT

Duties of D.R.O. respecting spoiled and declined ballots.

97(1)

Immediately after the closing of the poll the deputy returning officer, in the presence of the poll clerk and the candidates, or their scrutineers, who may lawfully be there, shall

(

a) count the number of the spoiled and declined ballots and place them all in an envelope marked "spoiled and declined ballots", seal it up, and endorse thereon the number of such ballots therein contained;

(

b) count the number of electors whose names appear on the list of electors for the polling subdivision, and the number of electors whose names appear by the poll book to have voted, and shall make an entry thereof in the poll book on the line immediately below the name of the elector who voted last, thus:

Number of names on list

Number who voted

We hereby certify that the above statement is correct.

Dated at this day of , 19 .

Poll Clerk

Deputy Returning Officer

(Scrutineers may also sign); and

(

c) open the ballot box and count the number of the ballot papers therein, and record the result.

Signing of certificate.

97(2)

The deputy returning officer and the poll clerk and such of the candidates and their scrutineers who may desire to do so, shall sign their names to the certificate set out in clause (1)(b).

Disposal of ballots not initialled.

97(3)

The deputy returning officer shall endorse with the words "not initialled" any ballot paper that does not have his initials, or the initials of a person acting on his behalf under

section 61, on the back thereof, and any such ballots shall be counted with the other ballots as provided in subsection (10), but, immediately upon the conclusion of the count, the deputy returning officer shall

(

a) count the number of such ballots; and

(

b) place them in an envelope provided for the purpose marked " Ballots Not Initialled", seal up the envelope, and endorse thereon the number of ballots not initialled therein.

Ballots to be rejected in the count.

97(4)

Subject to subsections (7), (8) and (10) in making the count, the deputy returning officer shall reject any ballot paper that

(

a) has not been supplied by him; or

(

b) has not the symbol X marked thereon; or

(

c) has the symbol X set opposite the name of more candidates than are to be elected; or

(

d) has the symbol X and some other figure set opposite the name of the same candidate; or

(

e) does not show for which candidate the vote is given; or

(

f) has any mark or writing made by the voter by which he may afterwards be identified.

Objections to be noted in poll book.

97(5)

The deputy returning officer shall make a note in the poll book of every objection taken to a ballot paper by a scrutineer or candidate, and shall decide any question arising out of the objection; but the decision of the deputy returning officer may be reversed or modified by the returning officer, whose decision is final, subject only to reversal on a recount or on a petition questioning the election or return.

Numbering of objections.

97(6)

Each objection noted in the poll book shall be numbered and a corresponding number placed on the back of the ballot paper and initialled by the deputy returning officer.

Marks allowed on a ballot.

97(7)

Subject to subsection (8), a ballot paper is not invalid merely because the voter, without any apparent intention of identification, has marked his vote out of, or partly out of, its proper space if the mark clearly indicates the candidate for whom he evidently intended to vote, or has marked his ballot with a form of cross other than an X, or the figure 1, or V, or -, or O, or other mark clearly indicating an intent to vote for the candidate opposite whose name the mark is placed.

Pencil.

97(8)

A ballot paper shall not be rejected merely because the voter, without apparent intention of identification, has marked his vote with a writing instrument other than the pencil provided in the compartment.

Endorsement of rejected and objected to ballots.

97(9)

The deputy returning officer shall endorse

(a) "rejected" on any ballot paper that he rejects as invalid;

(b) "rejection objected to" on any ballot paper when an objection is made to his decision to reject it; and

(c) "objected to but counted" on any ballot paper objected to but counted by him;

and he shall place the ballot papers in separate envelopes provided according to whether they are endorsed "rejected", "rejection objected to", or "objected to but counted", and shall seal up the envelopes and record the number of ballot papers in each, and, in particular, shall keep a careful account of the ballot papers that are endorsed "objected to but counted".

Counting the ballots allowed.

97(10)

The deputy returning officer shall then count the number of votes given for each candidate on the ballot papers by the placing thereon, opposite to the name of the candidate, of the symbol X or such other symbol as, under subsection (7), may lawfully be used, and shall credit each candidate with one vote in respect of each vote given for him on an unrejected and unobjected to ballot, and on each ballot objected to but counted.

Statement of poll.

97(11)

The deputy returning officer shall make out a statement in triplicate in Form 16, showing the number of votes given for each candidate and such other particulars as are indicated in the form; and the statement shall forthwith be signed by him and the poll clerk, and such of the scrutineers of the candidates as may be present and desire to sign it.

Disposal of copies.

97(12)

One copy of the statement shall be attached to the poll book, another shall be retained by him, and the third shall be enclosed by him in a separate envelope supplied for the purpose, and handed to the returning officer.

Delivery of certificates.

97(13)

After making the statement mentioned in subsection (11), the deputy returning officer shall deliver to the candidates present or to the scrutineers present, a certificate in Form 17.

Duties of deputy returning officer after votes are counted.

98(1)

On the completion of the counting of the votes, each deputy returning officer shall, in the presence of the persons authorized to attend, make up into separate packets

(

a) the statement of poll in Form 16;

(

b) the used ballot papers that have not been objected to and have been counted;

(

c) the ballot papers that have been objected to, but that have been counted by him;

(

d) the rejected ballot papers not objected to;

(

e) the rejected ballot papers objected to;

(

f) the spoiled and declined ballot papers;

(

g) the unused ballot papers;

(

h) the poll book with the affidavit of the deputy returning officer therein duly taken in Form 18;

(

i) the list of electors used at the polling;

(

j) the affidavits of electors made before the deputy returning officer;

(

k) a statement of the number of electors whose votes are marked by the deputy returning officer under the heads, "physical incapacity", and "unable to read", with the declaration of inability, and the notes taken of objections made to ballot papers found in the ballot box; and

(

l) all other documents that were completed, prepared, or used at the election.

Certificate respecting poll book.

98(2)

Before returning the poll book to the returning officer, the deputy returning officer shall complete and sign a certificate in Form 18.

Certificate.

98(3)

The certificate of the deputy returning officer shall be annexed to the poll book.

Sealing of packets.

98(4)

The deputy returning officer shall seal each of the packets mentioned in subsection (1) with his own seal; and such scrutineers of the candidates as desire to affix their seals may do so.

Statement of contents of packets.

98(5)

The deputy returning officer shall mark on the outside of each of the packets a short statement of the contents thereof, the date of the election, his name, the name of the local authority, and the number of the polling subdivision.

Disposal of ballot box.

99(1)

The deputy returning officer shall forthwith place the packets in, and lock and seal, the ballot box; and, subject to subsection (2), as soon as possible thereafter he shall personally deliver the ballot box and the key thereof, together with the statement in Form 16, to the returning officer.

Delivery of ballot box by messenger.

99(2)

Where, owing to illness or other imperative cause, the deputy returning officer is unable personally to deliver the ballot box and key, and statement in Form 16, to the returning officer, he shall deliver them to the poll clerk or, if there is no poll clerk or the poll clerk is unable to act, the deputy returning officer shall deliver them to a reliable messenger; and he shall write on the ballot box, or on a ticket attached thereto; the name of the person to whom they have been delivered, and shall take a receipt therefor in Form 19.

Affidavit of messenger.

99(3)

The poll clerk or other reliable messenger chosen shall, without delay, deliver the ballot box, key, and statement in Form 16 to the returning officer, and forthwith thereafter shall make and deliver or mail to the returning officer an affidavit in Form 20.

Settlement of disputes as to statements.

100(1)

Where the deputy returning officer and any one or more of the scrutineers of the candidates present at the counting of the ballot papers are unable to agree as to the statement of the poll, the returning officer shall break open the packets of ballot papers in the presence of the deputy returning officer and such of the candidates or of their scrutineers as are present, on the day succeeding the polling day, at an hour and place to be appointed and of which they have been notified by the returning officer.

Returning officer to determine disputes.

100(2)

The returning officer, after examining the ballot papers, shall finally determine the matter in dispute, and sign the statement of the poll; and he shall forthwith, in the presence of the deputy returning officer and such of the candidates or their scrutineers as are then present, securely seal up the ballot papers that have been examined by him in their several packets and the ballot box, as they were before being opened.

Returning officer to cast up votes and declare who is elected.

101(1)

Subject to

section 100, the returning officer, after he has received the ballot papers and the statement of the votes given for each candidate at each polling place, shall, without opening the sealed packets of ballot papers, cast up the number of votes for each candidate from the statements furnished to him as required under

section 97; and subject to subsection (6), he shall, at the offices of the local authority or some other public place in the local authority, at noon of the day following the return of the ballot papers, publicly declare to be elected the candidate or candidates having the greatest number of votes, beginning with that candidate who has the greatest number of votes and continuing until the number of persons to be elected has been elected; and he shall also put up in some conspicuous place a statement under his hand showing the number of votes given for each candidate.

Casting up votes where polling interrupted.

101(2)

When a poll has been duly held after being interrupted, in each of the polling subdivisions in which it is not held in whole or part at the time at first fixed therefor, and the statement of the poll has been returned to the returning officer, he shall cast up therefrom the number of votes given for each candidate together with the votes appearing, by the statement of the poll previously returned for other polling subdivisions, to be given for each of the candidates.

Statement of tie vote.

101(3)

Where it appears that two or more candidates have an equal number of votes, the returning officer shall, at the time he declares the result of the poll, state that two or more candidates, naming them, have an equal number of votes.

Equality of votes at top of poll.

101(4)

Where it appears that each of two or more candidates has an equal number of votes, and there are no other candidates having a number of votes as great as the number of votes cast for each of the candidates having such an equality of votes, the returning officer shall declare each of the candidates having such an equality of votes to be elected, if, in the result, the number of persons so elected will not be greater than the number of persons to be elected.

Equality of votes in other cases.

101(5)

Where it appears that each of two or more candidates has an equal number of votes, if

(

a) the number of candidates having a number of votes greater than the number of votes cast for each of the candidates having such an equality of votes;

(

b) together with the number of candidates having such an equality of votes;

is not greater in total than the number of persons to be elected, the returning officer shall declare each of the candidates having such an equality of votes to be elected.

Application for recount.

101(6)

Where

(

a) it appears that each of two or more candidates has an equal number of votes; and

(

b) for any reason, the returning officer, on complying with subsections (1) to (5) cannot declare to be elected the full number of persons to be elected without it first being determined whether any one or more of the persons apparently having such an equality of votes actually has received more votes than the other or others of those persons;

the returning officer shall, on behalf of. and at the cost of, the local authority, apply, within seven days from the making of the declaration under subsection (1), to a judge of the Court of Queen's Bench for a recount of the ballots as herein provided.

Inspection of poll books.

101(7)

At any time before five o'clock in the afternoon on the day following the election, any elector of the authority may, in the presence of the returning officer, inspect the poll book for any polling subdivision and the statement of votes given made by the deputy returning officer.

Ballot boxes and contents delivered to clerk.

101(8)

On the second day following the election, the returning officer, if he is not the clerk of the authority, shall deliver over to the clerk the ballot boxes and contents and other documents.

Meaning of "it appears".

101(9)

In this section, the expression "it appears" means that it appears upon the casting up of votes as provided in subsection (1).

RECOUNT OF VOTES

Time and place of recount.

102(1)

Where

(

a) a returning officer makes an application under subsection 101(6): or

(

b) it is made to appear by the affidavit of a credible person filed in the Court of Queen's Bench at any time within 14 days after the date of the election that any ballot papers may have been improperly counted or rejected:

a judge of the Court of Queen's Bench shall appoint a time when, and a place where, he will proceed to recount the ballots and he shall give notice thereof in writing to the clerk of the local authority, the returning officer, to the candidates and, where an affidavit has been filed under clause (b), to the person filing the affidavit.

Provisions respecting recount.

102(2)

In recounting the ballots the judge shall, subject to subsection (3), follow the provisions which a returning officer is required to observe under subsections 101(4) and 101(5).

Certifying of result and declaration of election.

102(3)

Upon the completion of the recount, or as soon as he has ascertained the result of the poll, the judge shall seal up all the ballot papers in separate packets, and unless he orders a new election shall forthwith certify the result to th