CHAPTER 140
OF THE
REVISED STATUTES, 1989
Short title
1 This Act may be cited as the Elections Act. R.S., c. 140, s. 1.
2 For convenience of reference only, the Sections of this Act are grouped under the following titles:
Title SectionThe Chief Electoral Officer and Staff 4-7
Headquarters of Returning Officer 22[-22A]
Supply of Election Materials by
Qualification and Disqualification 28-31
Registration of Electors 31A-46
Revision of the List of Electors 47-64
Nomination of Candidates 65-72
Polling Day and Hours of Poll 78-79
Deputy Returning Officers and Poll Clerks 80-82
Ballot Boxes and Ballot Papers 83-86
Supply of Election Materials to Deputy
Persons Present in Polling Station 92
Agents and Agent at Large of Candidate 93-95
Official List of Electors Used at the Poll 96-97
Voting by Write-In Ballot 100-106A
Proceedings at the Poll 107-119
Who May Vote on Ordinary Polling Day 120-123
Peace and Good Order at Elections 127
Counting and Reporting the Votes 128-132
Time to Employees For Voting 133
Proceedings of Returning Officer After
Return of Ballot Boxes and on Official
Recount by Judge 160-167[167A]
Report of Chief Electoral Officer 172
Custody of Election Documents by
Official Agents, Registration of
Political Parties and Expenses 175-193
Qualification for Election Officers 194
R.S., c. 140, s. 2; 2001, c. 43, s. 1.
(a) "ballot" means the portion of a ballot paper which has been marked by an elector, detached from the counterfoil, and deposited in the ballot box;
(b) "barrister" means a barrister of the Supreme Court of Nova Scotia;
(ba) "by-election" means an election that is held to fill a vacancy in the membership of the House of Assembly that did not arise as a result of the dissolution of the House;
(c) "cancelled ballot paper" means a ballot paper marked "cancelled" under Sections 112 and 115;
(f) "Commission" means the Election Commission;
(g) "during an election" or "at an election" includes the period between the dissolution of the House of Assembly, or the occurrence of a vacancy in consequence of which a writ for an election is eventually issued, and when a candidate is declared elected;
(h) "election" means an election held by an electoral district to elect a member to serve in the House of Assembly;
(i) "election expenses" means all expenses incurred during an election for the purpose of promoting or opposing directly or indirectly the election of a candidate, or a person who becomes or is likely to become a candidate, or the program or policy of a candidate or party and includes expenditures incurred before an election for literature, objects or materials of an advertising nature used during the election for a purpose above referred to, but does not include
(ii) the cost of transmission by a radio or television station of a broadcast of news or comment that is made in the same manner and under the same regulations as outside the election period without payment, reward or promise of payment or reward,
(iii) the necessary cost of holding a convention in respect of an electoral district for the selection of a candidate including the reasonable expenses of the candidates at the convention, the cost of renting a hall and the convening of delegates but not including publicity costs and, apart from expenses of candidates other than the candidates selected, shall not exceed one thousand dollars,
(iv) reasonable expenses incurred by a candidate or any other person, out of his own money, for his lodging and food during a journey for election purposes if those expenses are not reimbursed to him,
(v) a candidate's transportation costs,
(vi) the transportation costs of any person other than a candidate, paid out of his own money if those costs are not reimbursed to him,
(vii) the sum deposited with a nomination paper,
(viii) the usual expenses usually incurred for the current operation of one permanent office in the Province of a recognized party if the leader of the party, before the seventh day following the issue of the writ has given written notice to the Chief Electoral Officer of the existence of the office, of its exact address and of any change of address;
(k) "election petition" means a petition presented in pursuance of the Controverted Elections Act;
(l) "elector" means a person qualified to vote at an election, whether his name is or is not on a list of electors;
(m) "electoral district" means an electoral district or a county entitled to elect a member to serve in the House of Assembly;
(ma) "electoral district association" means an electoral district association endorsed by the leader of a recognized party;
(n) "hours" and all other references to time appearing in this Act relate to local time generally used throughout the Province;
(na) "level access" in respect of any premises means premises that are so located that a person may reach the premises from the street or roadway and enter the premises without going up or down any step, stairs or escalator;
(o) "list of electors" means the preliminary list of electors or the official list of electors defined by Section 96;
(p) "member" means a member of the House of Assembly;
(pa) "municipality" means a municipality within the meaning of the Municipal Government Act;
(q) "nomination day" means the day defined by Section 69 for the close of nominations;
(r) "oath" includes affirmation and statutory declaration;
(s) "official agent" means an agent appointed by a candidate or by a recognized party pursuant to Section 177;
(t) "official list of electors" means the official list of electors for a polling division as defined by Section 96;
(u) "ordinarily resident" means ordinarily resident as defined by Section 31;
(v) "ordinary polling day" means the day fixed under Section 10 for holding the poll at an election;
(B) a person, not sponsored by a political organization, who advises a returning officer in writing that he has been or intends to be officially nominated as a candidate in the electoral district at the election, or
(y) "polling station" means a polling station established under Sections 88 to 91A;
(z) "prescribed" means prescribed by the Chief Electoral Officer pursuant to this Act;
(aa) "printing", "printed" or any term of like import includes words written, painted, engraved, lithographed, photographed or represented or reproduced by any mode of representing or reproducing words in a visible form;
(ab) "recognized party" means a party that is registered by the Chief Electoral Officer pursuant to Section 177A;
(ac) "recount" means a recount made under Section 160;
(ad) "rejected ballot" means a ballot which has been rejected under Section 129 or Section 151;
(ada) "school board" means a school board within the meaning of the Education Act;
(ae) "voter" means any person who has voted at an election; and
(af) "writ" means the writ of election;
(ag) "write-in ballot" means a ballot that is cast pursuant to Sections 100 to 106. R.S., c. 140, s. 3; 2001, c. 43, s. 2; 2005, c. 17, s. 1 .
4 (1) The Governor in Council shall appoint a person, who is a barrister employed or to be employed in the public service of the Province, as the Chief Electoral Officer.
(2) The Chief Electoral Officer shall have a seal of a form approved by the Governor in Council. R.S., c. 140, s. 4.
5 (1) The Chief Electoral Officer shall
(a) exercise general direction and supervision over the administrative conduct of elections;
(b) enforce on the part of election officers fairness, impartiality and compliance with this Act;
(c) issue to election officers such instructions as he may deem necessary to ensure the effective execution of this Act; and
(d) perform such other duties as are prescribed by or under this Act.
(2) The Chief Electoral Officer may
(a) extend the time for doing anything under this Act;
(b) increase the number of election officers;
(c) increase the number of polling stations;
(ca) enter into agreements with municipalities and school boards and the Chief Electoral Officer of Canada providing for the sharing of lists of electors;
(cb) receive complaints of violations of this Act, carry out preliminary investigations of the complaints and request the appropriate police authorities to investigate the complaints;
(cc) set general guidelines for the staffing, design and equipping of returning offices, with power to vary guidelines to suit existing circumstances;
(cd) recommend to the Governor in Council, for each position of returning officer, lists of persons for appointment to the position;
(ce) obtain information for the purpose of Section 31B;
(d) prescribe forms for the purpose of this Act;
(e) vary any of the forms to suit the existing circumstances;
(f) modify a provision of this Act to permit its use at a by-election;
(g) generally adapt the provisions of this Act to existing circumstances;
(h) exercise such other powers as are prescribed by or under this Act,
but the Chief Electoral Officer may not extend the hour for the opening or closing of an ordinary or advance polling station, or for accepting a nomination paper on nomination day.
(2A) A party to an agreement made pursuant to clause (ca) of subsection (2) shall use any information that party receives, under the agreement, from another party to the agreement, for election purposes only.
(2B) Any person who uses information received by that person under an agreement made pursuant to clause (ca) of subsection (2) for purposes other than election purposes is guilty of an offence.
(3) The forms contained in the Schedule to Chapter 83 of the Revised Statutes, 1967, are deemed to be prescribed pursuant to clause (d) of subsection (2) and to have been published in accordance with the Regulations Act and may be amended or repealed pursuant to this Act.
(4) During an election, the Chief Electoral Officer may
(a) remove from office and replace an election officer upon being satisfied that the officer
(ii) has failed to perform satisfactorily the duties of his office, or
(b) order the officer to deliver to a person designated all material in his possession relating to his office. R.S., c. 140, s. 5; 2001, c. 43, s. 3; 2005, c. 17, s. 2.
5A (1) The Chief Electoral Officer may negotiate agreements with recognized parties in the House of Assembly providing for methods of voting at a by-election that are different from the methods prescribed by this Act.
(2) The parties to an agreement made pursuant to subsection (1) are the Chief Electoral Officer and the leader of each recognized party in the House of Assembly.
(3) The agreement shall describe the voting method in detail and refer to the provisions of the Act that will not be complied with.
(4) An agreement negotiated pursuant to this Section must be unanimous.
(5) An election held in accordance with an agreement made pursuant to this Section is not invalid by reason only of non-compliance with this Act if the non-compliance is authorized by the agreement.
(6) The Chief Electoral Officer shall report to the Speaker of the House of Assembly on the use of the alternative voting methods within twelve months of the by-election in which the alternative methods were used. 2001, c. 43, s. 4 .
6 The staff of the Chief Electoral Officer consists of
(a) the Assistant Chief Electoral Officer appointed by the Governor in Council from the public service; and
(b) the employees required by the Chief Electoral Officer to perform the duties of office. R.S., c. 140, s. 6 .
7 The Assistant Chief Electoral Officer shall
(a) assist the Chief Electoral Officer in the performance of the duties of office; and
(b) in the absence or illness of the Chief Electoral Officer, or on his failure to perform his duties, or if the office is vacant, act in the place of the Chief Electoral Officer, and while so acting, the Assistant Chief Electoral Officer shall possess the powers and perform the duties of the Chief Electoral Officer. R.S., c. 140, s. 7 .
8 (1) There shall be a commission to be known as the "Election Commission" which shall
(a) make recommendations to the Chief Electoral Officer respecting amendments to this Act or any related enactment that, in the opinion of the Commission, would improve the elections process or the administration of this Act, and the Chief Electoral Officer may include such recommendations in the Chief Electoral Officer's report under Section 172;
(b) advise the Chief Electoral Officer regarding the administrative conduct of elections.
(2) The Commission shall be composed of
(a) a person appointed by the Governor in Council to be the Chairman of the Commission; and
(b) repealed 2008, c. 13, s. 1.
(c) two persons appointed by each of the leaders of a recognized party as defined by the House of Assembly Act.
(3) The Chairman shall hold office for a term of five years and may be re-appointed.
(4) The Chairman of the Commission shall be removable only for cause by the Governor in Council acting upon a resolution of the House of Assembly.
(5) A person appointed to the Commission by a leader of a recognized party as defined by the House of Assembly Act shall hold office for a term of two years unless the person is sooner replaced by the leader of that party.
(6) Where persons are appointed to the Commission by the leader of a party and the party ceases to be a recognized party as defined by the House of Assembly Act, the persons so appointed shall cease to be members of the Commission.
(7) Only persons entitled to be registered as electors at a general election shall be appointed to the Election Commission by the Governor in Council or a leader of a party.
(8) No person shall be appointed or shall act as a member of the Commission who is
(a) an officially nominated candidate in a provincial or federal election;
(b) a member of the House of Assembly or a member of Parliament.
(c) repealed 2008, c. 13, s. 1.
(9) One half of the members of the Commission at a duly constituted meeting shall be a quorum and any vacancy on the Commission shall not impair the right of the remaining members of the Commission to act.
(10) The Chairman and each other member of the Commission shall be compensated for reasonable expenses incurred in the performance of duties and the Chairman and each member of the Commission shall be paid such salary or other remuneration as the Governor in Council determines. R.S., c. 140, s. 8; 1991, c. 4, s. 33; 2008, c. 13, s. 1.
9 The Chief Electoral Officer is entitled to receive notice and attend all meetings of the Commission and make observations and suggestions on any subject under discussion at such meetings. 2008, c. 13, s. 2.
10 An election shall be instituted by the passing of an order of the Governor in Council, which shall fix
(a) the date of the writ, which shall be the same for all writs issued for a general election; and
(b) the date of ordinary polling day, which shall be a Tuesday, not less than thirty days from the date of the writ. R.S., c. 140, s. 10; 2001, c. 43, s. 5 .
11 Upon receipt of a certified copy of the order in council, the Chief Electoral Officer shall
(a) issue in prescribed form, a writ in accordance with the order; and
(b) cause the writ to be transmitted to the returning officer. R.S., c. 140, s. 11 .
(a) refuses or neglects, or is unable because of death or other cause, to act;
the Governor in Council may appoint another person in his place who may act under a writ already issued as if it had been addressed to him. R.S., c. 140, s. 12 .
13 Where the Chief Electoral Officer certifies that he considers it impossible to hold an election in an electoral district on the day mentioned in a writ, the Governor in Council may order
(a) the withdrawal of the writ; and
(b) the issue of a new writ in which the dates of the writ and ordinary polling day may be changed. R.S., c. 140, s. 13 .
14 (1) The Governor in Council shall appoint a returning officer for
(a) a new electoral district; and
(b) an electoral district in which the office of returning officer is vacant under subsection (2) or (2B).
(1A) Notwithstanding subsection (1), where the Chief Electoral Officer believes exigent circumstances exist that require the immediate appointment of a returning officer for an electoral district to ensure readiness for an election or conduct of an election, the Chief Electoral Officer may appoint a returning officer for that electoral district, and that returning officer holds office until a returning officer is appointed for the electoral district pursuant to subsection (1).
(2) The office of a returning officer, who is appointed on or after the twelfth day of July, 1962, is not vacant until the returning officer
(c) is removed from office under subsection (3).
(2A) In subsections (2B), (2C) and (2E),
(a) "electoral boundaries commission report" means a report by the electoral boundaries commission made pursuant to the House of Assembly Act after this clause comes into force;
(b) "implementation date" means the date on which legislation that implements an electoral boundaries commission report comes into force.
(2B) Notwithstanding anything contained in this Section, each person who was, immediately before an implementation date, a returning officer ceases to be a returning officer on the implementation date.
(2C) The Governor in Council shall appoint, before an implementation date, a returning officer for each electoral district named in the last electoral boundaries commission report.
(2D) A person appointed pursuant to subsection (2C) ceases to be a returning officer where the person's term of office as a returning officer expires by reason of the operation of subsection (2).
(2E) Each returning officer whose term of office begins on or after an implementation date holds office until the next implementation date, and may be appointed for one or more of such terms, and for greater certainty, a person is not disqualified from being appointed as a returning officer pursuant to subsection (1) for a term of office that begins on or after the implementation date by reason only that the person was a returning officer at any time before the implementation date.
(3) The Governor in Council may remove a returning officer from office when satisfied that the returning officer
(a) has attained the age of sixty-five years;
(b) has ceased to reside in his electoral district;
(d) has failed to perform satisfactorily the duties of office; or
(e) is engaging in partisan political activities. R.S., c. 140, s. 14; 2001, c. 43, s. 6; 2004, c. 6, s. 6 .
15 The Chief Electoral Officer shall publish in the Royal Gazette in the month of February in each year a list, giving the name and address of the returning officer for each electoral district and the name of the electoral district for which the returning officer has been appointed. R.S., c. 140, s. 15 .
16 Upon appointment, a returning officer shall complete an oath of office in prescribed form and transmit it to the Chief Electoral Officer. R.S., c. 140, s. 16 .
17 A returning officer shall immediately notify the Chief Electoral Officer if unable to act. R.S., c. 140, s. 17 .
18 (1) A returning officer shall appoint an election clerk by prescribed form.
(2) If the office of election clerk becomes vacant, the returning officer shall appoint another election clerk. R.S., c. 140, s. 18 .
19 Upon his appointment, an election clerk shall complete an oath of office in prescribed form, and the returning officer shall transmit the oath to the Chief Electoral Officer. R.S., c. 140, s. 19 .
20 An election clerk holds office until dismissed by the returning officer or his successor. R.S., c. 140, s. 20 .
21 (1) An election clerk shall
(a) assist the returning officer in the performance of the duties of office; and
(b) act in the place of the returning officer
and while so acting, the election clerk shall possess the powers and perform the duties of the returning officer, and if a writ has already been issued, act under the writ as if it had been already addressed to him without taking the returning officer's oath of office and with power to appoint an election clerk.
(2) An election clerk shall immediately notify the Chief Electoral Officer if the returning officer is unable to act. R.S., c. 140, s. 21 .
22 (1) At the time determined by the Chief Electoral Officer, a returning officer shall
(a) open and maintain throughout the election a headquarters at some convenient place in the electoral district where the electors may have recourse to the returning officer; and
(b) give public notice of the location of the headquarters in the proclamation referred to in Section 23 and in such other manner as the Chief Electoral Officer may direct.
(2) Either the returning officer or the election clerk shall remain continuously on duty in the returning officer's headquarters during such times as are prescribed.
22A (1) Where the Chief Electoral Officer has determined that one headquarters in an electoral district would result in a substantial number of electors not having convenient recourse to the returning officer because of the geographic size of that electoral district, the returning officer
(a) shall establish a second headquarters in the electoral district;
(b) shall appoint an assistant returning officer; and
(c) with the approval of the Chief Electoral Officer, may appoint an assistant election clerk.
(2) Section 22 applies to a second headquarters in an electoral district to the extent and with such variations to suit the circumstances in the electoral district as the Chief Electoral Officer determines.
(3) An assistant returning officer
(a) acts under the direction of and is responsible to the returning officer;
(b) has the same powers as an election clerk; and
(c) shall carry out any other responsibilities delegated by the returning officer except
(ii) the certification of the preliminary and final lists of electors,
(iii) the receipt of nominations,
(v) the establishment of a polling station, and
(vi) any other responsibility prescribed by the Chief Electoral Officer. 2002, c. 34, s. 5.
23 Not later than five days from the date of the writ,
(ii) cause the proclamation to be posted in his headquarters where it shall be kept available for public inspection at all reasonable times, and
(iii) transmit one copy of the proclamation to each political organization in the electoral district,
(b) in the case of a general election the Chief Electoral Officer shall cause a consolidated proclamation in prescribed form to be inserted in every newspaper published in the Province and, in the case of a by-election, to be published in each local newspaper circulating in the electoral district. R.S., c. 140, s. 23; 2001, c. 43, s. 8 .
24 (1) When instructed before the grant of a poll by the Chief Electoral Officer, a returning officer shall
(a) subject to subsection (2), divide the electoral district into as many polling divisions as the returning officer deems necessary, giving due consideration to
(ii) the desirability of the territorial limits of the polling divisions conforming as nearly as possible with those established for the last election, whether provincial or federal,
(iii) the incorporation, where practical, of approximately four hundred and fifty electors in a polling division, and
(b) notwithstanding the provisions of clause (a), establish a separate polling division for each long-term care facility as defined by the Chief Electoral Officer and in which ten or more electors reside;
(c) prepare a statement, in a form prescribed by the Chief Electoral Officer, of the boundaries of the polling divisions in the electoral district, identifying each with a consecutive number which shall, where practical, be that employed in the last election, whether provincial or federal;
(d) within the time prescribed by the Chief Electoral Officer, transmit a copy of the statement to
(ii) each political organization in the electoral district; and
(e) keep the statement available for public inspection at all reasonable times.
(2) Where, by reason of a practice locally established or other special circumstances, it is more convenient to establish a polling division containing substantially more than four hundred and fifty electors and to divide the list of electors for the polling division between two or more polling stations as provided in Section 97, a returning officer may, notwithstanding anything contained in subsection (1), establish a polling division which contains as nearly as possible some multiple of four hundred and fifty electors. R.S., c. 140, s. 24; 2001, c. 43, s. 9 .
25 (1) The Chief Electoral Officer may before or during an election direct a returning officer to
(a) correct an error or omission in the statement of polling divisions;
(b) redefine a boundary, or renumber a polling division, from that set out in the statement.
(2) The Chief Electoral Officer may redefine any boundary of a polling division, amalgamate two or more polling divisions or divide a polling division if the redefinition, amalgamation or division will improve the conduct of an election. R.S., c. 140, s. 25; 2001, c. 43, s. 10.
26 The polling divisions of an electoral district for an election shall be
(a) those established for the last provincial election;
(b) if they have been revised under Sections 24 and 25, those established in the statement completed by the returning officer; or
(c) if they have been changed under Section 25, the boundaries as redefined by the Chief Electoral Officer. R.S., c. 140, s. 26; 2001, c. 43, s. 11 .
27 When the Chief Electoral Officer considers it expedient, or immediately after the issue of the writ, the Chief Electoral Officer shall transmit to a returning officer a sufficient number of copies of this Act, election forms, materials and supplies to enable the returning officer to carry out his duties. R.S., c. 140, s. 27 .
28 (1) Subject to Section 29, a person may have his name registered on the list of electors for a polling division, if the person
(a) is eighteen years of age, or will attain that age on or before ordinary polling day;
(b) is a Canadian citizen on or before ordinary polling day;
(c) has been ordinarily resident within the meaning of Section 31 in the Province for the six months immediately preceding the date of the writ; and
(d) is ordinarily resident in the electoral district.
(2) A candidate at a general election who, on the day before the dissolution of the Legislature immediately preceding the election, was a member, and any spouse or dependant of the candidate who lives with him and is qualified as an elector, may have their names entered on the list of electors for either
(a) the polling division in which they ordinarily reside; or
(b) any polling division in the electoral district in which the former member is a candidate.
(3) A member of the Parliament of Canada representing an electoral district in the Province who has his ordinary residence outside the Province, and the spouse or dependant of the member who lives with him and is otherwise qualified as an elector, shall be permitted to have their names entered on the list of electors in the polling division of the electoral district in which the member last resided in the Province.
(4) A senator in the Parliament of Canada representing the Province who has his ordinary residence outside the Province, and the spouse or any dependant of the senator who lives with him and is otherwise qualified as an elector, shall be permitted to have their names entered on the list of electors in the polling division of the electoral district in which the senator last resided in the Province. R.S., c. 140, s. 28; 2001, c. 43, s. 12; 2006, c. 28, s. 1 .
29 (1) repealed 2005, c. 17, s. 4.
(2) The Chief Electoral Officer and returning officers are not entitled to be registered as an elector. 2001, c. 43, s. 13; 2005, c. 17, s. 4 .
31 (1) The place where a person is ordinarily resident is the place that has always been, or that has been adopted as, the person's dwelling place and to which the person intends to return when away.
(2) There can only be one place where a person is ordinarily resident and it cannot be lost until another is gained.
(3) Temporary absence by a person from a place where the person is ordinarily resident does not cause a loss or change of place of ordinary residence.
(4) Where a person usually sleeps in one place and has meals or is employed in another place, the person is ordinarily resident in the place where the person sleeps.
(4A) Where a person has temporary residential quarters, those quarters are considered to be the place in which the person is ordinarily resident only if the person has no other place the person considers as that person's residence.
(b) detained in a provincial correctional facility or psychiatric institution by reason of that person being found by a court to be not criminally responsible or unfit to stand trial or who is undergoing a psychiatric assessment as a result of being charged with a criminal offence,
the person is ordinarily resident at the place where the person is incarcerated or detained except that, where the person was ordinarily resident in a place immediately before being incarcerated or detained, the person is ordinarily resident in that place.
(4C) Where a person is being provided with food, lodging and other social services by a shelter, hostel or similar institution, the person is ordinarily resident in the shelter, hostel or institution.
(4D) Where the rules set out in subsections (1) to (4C) are not sufficient to determine the place where a person is ordinarily resident, the place where a person is ordinarily resident shall be determined by the appropriate elections officer by reference to all the facts of the case.
(5) A person who, on the date of the writ, is registered and in attendance at an educational institution, and for such purpose resides in an electoral district or polling division other than that of his family home, and if the person is otherwise qualified as an elector, may be included on the list of electors in each electoral district or polling division but the person shall not vote in more than one electoral district or polling division.
(6) Where a person is an unmarried student having a family home in the Province to which, when away, the person intends to return, the person is ordinarily resident where that home is.
(7) Where a person is ordinarily resident in a dwelling which is generally occupied only during some or all of the months of May to October, both inclusive, and on the date of the writ has no other dwelling to which, at will, the person may remove, then the person is ordinarily resident on that date at the place where the dwelling is. R.S., c. 140, s. 31; 2001, c. 43, s. 15 .
31A (1) At any time before, but no later than, the issue of a writ of election for an electoral district pursuant to Section 11, the Chief Electoral Officer shall determine whether the preliminary list of electors for each polling division is to be
(a) prepared by enumeration or confirmation, or both, pursuant to Sections 32 to 42;
(b) prepared from information supplied under an agreement made pursuant to clause (ca) of subsection (2) of Section 5;
(c) the official list of electors used in the most recent election in the polling division; or
(d) from any source the Chief Electoral Officer thinks advisable.
(2) A preliminary list of electors prepared in accordance with the method determined by the Chief Electoral Officer pursuant to subsection (1) is, for all purposes of this Act, the preliminary list of electors for the polling division. 2001, c. 43, s. 16; 2005, c. 17, s. 5 .
31B (1) Notwithstanding Section 31A, on and after the coming into force of this Section, the preliminary list of electors for a polling division is the list of electors used during the most recent election, including all revisions made to that list pursuant to this Act, updated as required by this Section.
(2) Each preliminary list of electors referred to in subsection (1) must be updated during an election and regularly between elections as determined by the Chief Electoral Officer.
(3) The Chief Electoral Officer may engage the personnel necessary to carry out the updating referred to in subsection (2) and, for greater certainty, expenses incurred pursuant to this subsection are fees and expenses for the purpose of subsection (1) of Section 174.
(4) The updating referred to in subsection (2) may be done using
(a) information obtained from any method referred to in subsection (1) of Section 31A;
(b) information provided by the Chief Electoral Officer of Canada that was used for compiling lists of electors for use at a general election, by-election, plebiscite or referendum conducted by the Chief Electoral Officer of Canada;
(c) personal information held by a public body as defined in the Freedom of Information and Protection of Privacy Act if, in the opinion of the Chief Electoral Officer, the information is necessary for the purpose of creating , revising or updating the preliminary list of electors for a polling division;
(d) personal information listed in public telephone directories;
(e) any other information obtained by or available to the Chief Electoral Officer;
(f) information obtained from any source the Chief Electoral Officer thinks advisable.
(5) Notwithstanding any enactment, a public body as defined in the Freedom of Information and Protection of Privacy Act shall, at the request of the Chief Electoral Officer, provide the personal information held by that body that is required to create, revise or update the preliminary list of electors for a polling division.
(6) A public body providing information under subsection (5) may charge a reasonable fee for providing the information, but the fee may not exceed an amount that represents the actual cost of producing a copy of the information.
(7) The preliminary list of electors for a polling division may be revised from time to time as the Chief Electoral Officer considers necessary but must be revised as soon as possible after the conclusion of an electoral boundary review pursuant to the House of Assembly Act.
(8) The preliminary list of electors for a polling division may be created , revised or updated manually or by means of any computer-based system and be kept in printed form or may be stored in any computer-based system or any other information storage device that is capable of reproducing any required information in legible printed form within a reasonable time.
(9) The Chief Electoral Officer may assign, in respect of each elector whose information is contained in the preliminary list of electors for a polling division, a unique and permanent identifier number consisting of numbers or letters, or a combination of numbers and letters, to be used to assist in distinguishing an elector from another elector or verifying the information about an elector.
(10) The preliminary list of electors for a polling division may only contain the following information about persons ordinarily resident in the Province who are electors or will be eligible to be electors:
(a) the residential address, including the postal code of the residence of the person, and the mailing address, including the postal code, if the mailing address is different from the residential address;
(b) the surname, given name and initial of the person;
(d) the telephone number of the person;
(e) the day, month and year of birth of the person;
(f) the unique identifier number assigned under subsection (9); and
(g) any other identification number assigned by other persons who provide information under this Section to the Chief Electoral Officer to assist in distinguishing a person from another person or verifying the information about a person.
(11) The information referred to in clauses (d) to (g) of subsection (10) obtained under this Act may only be used to verify the identification of an elector when creating, revising or updating a preliminary list of electors.
(12) The information provided to the Chief Electoral Officer under subsection (5) shall be used only for the purpose of this Section and Sections 31A, 31C and 31D. 2005, c. 17, s. 6.
31C (1) The Chief Electoral Officer shall annually consolidate the preliminary lists of electors referred to in Section 31B and provide to each recognized party and independent candidate, at the time and in the manner determined by the Chief Electoral Officer, a copy of the consolidated list, except for the information referred to in clauses 31B(10)(c) and (e).
(2) The consolidated list of electors, or any part of the list, provided pursuant to subsection (1), shall only be used by a recognized party or independent candidate for electoral purposes.
(3) No recognized party or independent candidate shall use, or authorize or permit the use of, information contained in the consolidated list of electors for purposes other than those referred to in subsection (2).
(4) In this Section, "independent candidate" means a person referred to in paragraph (B) of subclause (i) of clause (w) of Section 3. 2005, c. 17, s. 6; 2006, c. 28, s. 2.
31D (1) Persons or their agents are entitled to have access to information in the preliminary lists of electors for a polling division about themselves to determine whether the information is correct.
(2) The Chief Electoral Officer may enter into agreements with any person for the purpose of obtaining or providing mapping, geographic or demographic information, but any information provided by the Chief Electoral Officer under this subsection may relate only to the location of residential buildings and not any other elector information.
(3) Any person requesting access to information for the purpose set out in subsection (1) shall complete and sign a declaration. 2005, c. 17, s. 6.
31E Every one is guilty of an offence who uses, authorizes or permits the use of information contained in the consolidated list of electors for purposes other than electoral purposes . 2005, c. 17, s. 6.
32 (1) Subject to subsection (2), when requested by the Chief Electoral Officer at any time prior to issue of the writ, a returning officer shall give written notice to the two opposed political organizations which, at the preceding election in the electoral district, sponsored the candidates who received the highest number of votes and the next highest number of votes respectively, requesting each organization within twenty days from the receipt of the notice to nominate a fit and proper person for appointment as enumerator for each polling division of the electoral district where an enumeration or a confirmation, or both, is to be conducted.
(2) If, in an electoral district,
(a) the candidates elected at the preceding election were sponsored by the same political organization;
(b) a candidate was elected by acclamation at the preceding election;
(c) the boundaries thereof have been altered since the preceding election; or
(d) a political organization mentioned in subsection (1) is not available to nominate persons as enumerators,
a returning officer shall, when requested by the Chief Electoral Officer prior to the issue of the writ, give written notice as provided in subsection (1) to the two opposed political organizations which the returning officer, with the concurrence of the Chief Electoral Officer, shall determine are entitled to nominate the enumerators.
(3) If a returning officer considers that there is good cause for refusing to appoint a nominee of a political organization nominated pursuant to subsection (1), the returning officer shall within twenty days of the receipt of the nomination so notify in writing the political organization, and the organization may, within ten days or such lesser time as is specified by the returning officer, nominate a further person to act as the enumerator. R.S., c. 140, s. 32; 2001, c. 43, s. 17; 2005, c. 17, s. 7 .
33 On the day that a returning officer is advised by the Chief Electoral Officer of the issuance of the writ, the returning officer, before appointing an enumerator, shall
(a) request each political organization, which has nominated a person as enumerator under Section 32 to immediately confirm that the nominee is prepared to accept the appointment, or to submit a nomination in substitution therefor; or
(b) if a nomination for enumerator in a polling division has not been received by the returning officer from a political organization pursuant to Section 32, request the political organization to immediately nominate a fit and proper person for the appointment. R.S., c. 140, s. 33 .
34 (1) Within five days after the date of the writ, a returning officer shall appoint by prescribed form two enumerators for each polling division in the electoral district where an enumeration or a confirmation, or both, is to be conducted.
(2) Subject to subsection (3), the returning officer shall appoint the person nominated by the political organization as enumerator for the polling division for which the person has been nominated.
(a) a returning officer considers there is good cause for refusing to appoint as enumerator a person nominated by a political organization;
(b) a political organization has failed to nominate a fit and proper person for enumerator; or
(c) a person nominated by a political organization refuses or neglects or is unable to act,
the returning officer shall himself select and appoint the enumerator, and, in making an appointment, the returning officer shall endeavour to appoint as enumerators for a polling division two persons who represent different political organizations. R.S., c. 140, s. 34; 2001, c. 43, s. 18 ; 2005, c. 17, s. 8 .
35 (1) A returning officer may for cause dismiss and replace an enumerator, and may appoint an enumerator in the place of one who resigns or dies.
(2) Upon request in writing signed by the returning officer, an enumerator so replaced shall forthwith give up the index sheets and other papers which the enumerator has received as an enumerator to the person designated by the returning officer. R.S., c. 140, s. 35 .
36 The returning officer shall notify each political organization that supplied a list of enumerators of the names of the enumerators and the polling division for which each is to act. 2001, c. 43, s. 19 .
37 (1) The two enumerators appointed for a polling division shall
(a) act jointly and not individually in the preparation of the list of electors; and
(b) report the details of a disagreement between them to the returning officer.
(2) The returning officer shall settle a disagreement reported to the returning officer and communicate his decision to the enumerators who shall be bound by it. R.S., c. 140, s. 37 .
38 The enumerators shall take all necessary precautions and care to ensure that their index sheets referred to in Section 40, when completed
(a) contain the correct name, birth date, address and sex of every qualified elector in the polling division; and
(b) do not contain the name of a person who is not qualified. R.S., c. 140, s. 38; 2001, c. 43, s. 20 .
39 (1) An enumeration or confirmation, or both, of the electors in a polling division shall commence within five days after the date of the writ and continue for seven consecutive days.
(1A) The enumerators for each polling division to be enumerated or confirmed, or both, shall proceed together to ascertain or confirm, as the case may be, the name and particulars of every person qualified under Section 28 to have that person's name placed or confirmed on the list of electors for the polling division for which they have been appointed.
(1B) The enumerators shall visit each dwelling place at least twice, once during the day and once in the evening to obtain the names of the qualified electors unless, as a result of one visit, the enumerators secure the names and particulars of the qualified electors residing at the dwelling place.
(2) repealed 2001, c. 43, s. 21.
(3) Where, on a visit to a dwelling place, the enumerators are unable to communicate with any person from whom they could secure the names and particulars of the qualified electors residing at the dwelling place, the enumerators shall leave at that dwelling place a notification card in such form and having such contents as are prescribed.
(4) repealed 2001, c. 43, s. 21.
R.S., c. 140, s. 39; 2001, c. 43, s. 21 ; 2005, c. 17, s. 9 .
40 (1) The enumerators shall register on index sheets in prescribed form
(a) the names of each elector under the given names and surname by which the elector is known in the polling division;
(aa) the birth date of each elector;
(b) the address of each elector; and
(a) enumerate by registering electors on index sheets in accordance with subsection (1) in designated polling divisions;
(b) as directed by the Chief Electoral Officer, confirm, in the prescribed manner and form, the information that appears on confirmation records and make, in the prescribed manner and form, any changes; or
(c) as directed by the Chief Electoral Officer in designated polling divisions, enumerate in accordance with clause (a) or confirm in the prescribed manner and form in accordance with clause (b), as the case may be, and make, in the prescribed manner and form, any changes.
(3) Notwithstanding anything contained in this Act, a person may refuse consent to have that person's name included on the list of electors and, in that case, the enumerator shall record the address of the person and the fact that the person refused to be enumerated, in the prescribed form.
(4) A record made pursuant to subsection (3) shall not appear in the preliminary list of electors or the official list of electors and shall not be available for public inspection.
(4A) A record made pursuant to subsection (3) shall be given to the returning officer by the enumerators when returning the index sheets and the returning officer may give the record to the revision assistant, but otherwise the enumerators shall not otherwise disclose the content of the record.
(5) Not later than the day fixed by subsection (1) of Section 39 for conclusion of the enumeration, the enumerators shall
(a) complete a certificate in prescribed form; and
(b) deliver to the returning officer the index sheets and certificate completed as prescribed or information obtained from confirming a preliminary list of electors pursuant to subsection (2). R.S., c. 140, s. 40; 2001, c. 43, s. 22; 2005, c. 17, s. 10 .
41 Every one who impedes or obstructs an enumerator or a revising agent in the performance of duties under this Act is guilty of an offence. R.S., c. 140, s. 41 .
42 Upon receipt of the index sheets or confirmation records, the returning officer shall
(a) determine whether or not Section 40 has been complied with; and
(b) where Section 40 has not been complied with, either
(ii) have the enumerators who prepared the index sheets or confirmation records or any other persons appointed by the returning officer as enumerators re-enumerate or re-confirm any or all of the electors in the polling division or otherwise comply with Section 40. 2001, c. 43, s. 23.
43 No later than Monday, the fifteenth day before ordinary polling day, the returning officer shall
(a) prepare a preliminary list of electors for each polling division in the electoral district;
(b) certify the list in the prescribed form; and
(c) provide each political organization with one copy of the list in electronic format and one hard copy of the list. 2001, c. 43, s. 24 .
45 Each returning officer shall send a notice of confirmation of registration, in the form prescribed by the Chief Electoral Officer, not later than Monday, the fifteenth day before ordinary polling day, to each elector whose name appears on a list of electors for that electoral district. R.S., c. 140, s. 45; 2001, c. 43, s. 25 .
46 repealed 2001, c. 43, s. 26.
47 (1) The revision of each list of electors for an electoral district is the responsibility of the returning officer for the electoral district.
(2) The returning officer shall appoint one or more revision assistants.
(3) A revision assistant has the powers and shall exercise such duties as are conferred or imposed by this Act on each revision assistant.
(4) For greater certainty, the presiding officer at a special poll, the presiding officer conducting a vote by write-in ballot or the election clerk may be appointed as a revision assistant.
(5) A revision assistant shall take an oath in the prescribed form before acting as a revision assistant. 2001, c. 43, s. 27 .
48 (1) Where, following the certification of a preliminary list of electors for a polling division, it appears to the returning officer that a substantial number of electors were omitted from the polling division, or that the information contained in the preliminary list contains a substantial number of incorrect names and addresses of electors, the returning officer may appoint revising agents to correct the information on the preliminary list for that polling division.
(2) A pair of revising agents shall be appointed in the prescribed form and shall represent the two political organizations that, at the preceding election, sponsored the candidates who received the highest number of votes and the next highest number of votes, respectively.
(3) Revising agents shall report to the returning officer in the prescribed form. 2001, c. 43, s. 27 .
52 Every returning officer or revision assistant shall dispose of all matters coming before him in a manner not inconsistent with this Act, and save as otherwise provided may prescribe or confirm such procedure as to notice, evidence or otherwise as in his judgement is fair and reasonable, according to the circumstances, and in case any matter or thing respecting the revising of lists under this Act is not specifically provided for in this Act the returning officer or revision assistant shall deal with the same on principles of equity and justice. R.S., c. 140, s. 52; 2001, c. 43, s. 28 .
53 The Chief Electoral Officer shall, as soon as possible after the issue of a writ, fix the commencement date for the revision of the preliminary lists of electors, but the revision period terminates at eight o'clock in the afternoon of Wednesday, the sixth day before ordinary polling day. 2001, c. 43, s. 29 .
55 (1) The Chief Electoral Officer shall give public notification of how and when the preliminary lists of electors are to be revised by advertisement or any other means of communication as the Chief Electoral Officer thinks is advisable.
(2) The returning officer shall, in such manner as is prescribed, notify each political organization as to how and when the preliminary lists of electors are to be revised. 2001, c. 43, s. 31 .
56 (1) Each revision assistant for an electoral district shall
(a) make and retain, in the prescribed form, a record of all changes made to a list of electors by the revision assistant;
(b) permit one representative at a time from each political organization that is sponsoring a candidate or who is a candidate in the electoral district to be present during revision, who may object to or support an application made to the revision assistant; and
(c) submit to the returning officer for the electoral district, for review by the returning officer, all applications for additions to, correction of or deletion from lists of electors.
(2) Each returning officer shall ensure that
(a) each list of electors provided to the deputy returning officer for each polling division in the electoral district contains the revisions for that polling station; and
(b) the list of electors for each polling division in the electoral district containing the revisions for that polling division is provided to each political organization. 2001, c. 43, s. 32 .
57 The name and particulars of an elector whose name does not appear on a list of electors may be added to the list if
(a) the elector completes a prescribed registration form that establishes that the elector is entitled to be included on the list, provides satisfactory proof of identity and residence and, where the elector's address has changed during the last six months, provides the elector's previous address;
(b) another elector, who lives at the same residence as the elector whose name does not appear on the list, completes a prescribed registration form, establishes that the elector is entitled to be included on the list and provides satisfactory proof of identity and residence in respect of the elector whose name does not appear on the list; or
(c) another elector, who does not live at the same residence as the elector whose name does not appear on the list, completes a prescribed registration form, establishes that the elector is entitled to be included on the list and provides
(ii) satisfactory proof of identity in respect of the elector whose name does not appear on the list. 2001, c. 43, s. 32.
58 (1) An error in the name and particulars of an elector appearing on a list of electors may be corrected
(a) on the verbal application of the elector or his agent; or
(b) by the returning officer or revision assistant on his own initiative.
(2) Where the returning officer or revision assistant is made aware of the fact that one or more names on the list of electors for a polling division should properly be on the list of electors for another polling division in the same electoral district, he may, on his own initiative, strike off the names of the electors on the first mentioned list of electors and enter them on the last mentioned list of electors by entering the correction in the record of revisions.
(2A) Where the preliminary list of electors for a polling division is prepared from information supplied under an agreement made pursuant to clause (ca) of subsection (2) of Section 5 and the returning officer is made aware of the fact that one or more of the names should be properly on the list of electors for a polling division in another electoral district, or the information provided by an elector indicates that the name of the elector may appear on the list of electors for a polling division in another electoral district, the returning officer shall so notify either the returning officer of the other electoral district or the Chief Electoral Officer, as directed by the Chief Electoral Officer in the manner prescribed.
(3) The returning officer shall notify the elector of the particulars of a transfer made pursuant to subsection (2) by written notice. R.S., c. 140, s. 58; 2001, c. 43, s. 33 .
59 The returning officer or revision assistant may strike the name of a person from a list of electors if the person applies in person to have his own name struck off the list of electors. R.S., c. 140, s. 59; 2001, c. 43, s. 34 .
60 (1) No later than the eleventh day before polling day, an elector whose name appears on the list of electors for a polling division may make an objection before the returning officer respecting the inclusion of the name of another person on the list for that elector's electoral district.
(2) An elector who wishes to make an objection shall complete an affidavit of objection in the prescribed form, alleging that another person whose name appears on the list of electors is not qualified to vote, and shall submit the affidavit to the returning officer.
(3) The returning officer shall, on the day of receipt of an affidavit of objection or on the following day, deliver to the person objected to, at the person's address given on the preliminary list and also at any other address given on the affidavit, a notice in the prescribed form advising the person referred to in the affidavit that the person may
(a) appear personally or by representative before the returning officer at a specified time no later than the seventh day before polling day; or
(b) send the returning officer, before that time, proof that the person is qualified as an elector.
(4) The returning officer shall, as soon as possible, send to each candidate in the electoral district a copy of the notice referred to in subsection (3).
(5) Where the person objected to decides to appear before the returning officer pursuant to clause (a) of subsection (3), the returning officer shall permit one representative of each candidate in the electoral district to be present, but no such representative, except with the permission of the returning officer, has any right to intervene. 2001, c. 43, s. 35 .
61 (1) Where an objection is made in respect of the affidavit of objection taken pursuant to subsection (2) of Section 60, notice of which has been sent by the returning officer to the person objected to, the returning officer may examine, on oath, the elector making the objection, the person against whom the objection is made, where that person wishes to present that person's position, and any witness present, and make a decision on the basis of the information so obtained.
(2) The onus of presenting sufficient evidence to warrant the striking off of any name from the list of electors is on the elector making the objection.
(3) It is not necessary for the person against whom an objection is made to prove in the first instance that person's name properly appears on the list of electors.
(4) The non-attendance before the returning officer, or the failure to send proof that the person is qualified as an elector, at the time an objection is dealt with, of the person against whom the objection is made does not relieve the elector making the objection from substantiating, in the absence of evidence to the contrary, a case that is considered by the returning officer sufficient to establish the fact that the name of the person objected to improperly appears on the list of electors.
(5) After an objection is dealt with by the returning officer, the returning officer shall either delete the name of the person objected to from the list of electors on which the name appears or allow the name to stay on that list. 2001, c. 43, s. 35 .
62 (1) When the revision is complete, the returning officer shall certify, in the prescribed manner and form, the list for each polling division, as revised, as the official list of electors for the polling division.
(2) As soon as the official list of electors is certified pursuant to subsection (1), the returning officer shall provide each political organization with one copy of the list in electronic format and one hard copy of the list. 2001, c. 43, s. 35 .
63 and 64 repealed 2001, c. 43, s. 35.
65 A person may be nominated as a candidate at an election who
(b) is eighteen years of age; and
(c) is not disqualified or ineligible under this Act, the House of Assembly Act, or any other Act, to be a candidate or a member of the House of Assembly. R.S., c. 140, s. 65; 2001, c. 43, s. 36; 2002, c. 32 .
66 (1) Any five or more persons, qualified under Section 28 to have their names registered on the list of electors for a polling division of an electoral district for which a writ has been issued, may nominate a candidate at the election for the electoral district by
(a) filing a nomination paper in prescribed form, duly completed, with the returning officer at any time between the date of the proclamation and the hour of two o'clock in the afternoon on nomination day; and
(b) depositing with the returning officer the sum of one hundred dollars in legal tender or a certified cheque or money order for that amount made payable to the Minister of Finance.
(2) The nomination paper shall include or be accompanied by a statement of the candidate naming the party that the candidate represents or stating that the candidate is an independent candidate.
(3) Where a nomination paper contains or is accompanied by a statement of the candidate naming the recognized party that the candidate represents there shall be filed with it a letter or statement signed by the leader of the recognized party or by a person designated in writing by the leader declaring that the candidate is the official candidate of that party.
(4) The nomination paper shall contain or be accompanied by an appointment by the candidate of his official agent.
(5) A nomination paper is only valid for one election period and, for greater certainty, a nomination paper is superseded and withdrawn if a by-election is superseded and withdrawn by a general election. R.S., c. 140, s. 66, 2006, c. 28, s. 3 .
67 (1) For the purposes of Section 66, a candidate who is absent from the Province may, by telegram, cable or other form of written communication, name an official agent and authorize him to complete the nomination paper on his behalf.
(2) The official agent shall cause the authorization to be filed with the returning officer before the nomination paper is filed. R.S., c. 140, s. 67 .
68 A nomination paper is not invalid by reason only that
(a) a person, who signed it, has signed the nomination paper of another candidate;
(b) a person, who signed it, is not qualified under Section 66 to do so, provided five persons qualified have signed it; or
(c) the name and address of a person, as it appears on the nomination paper, differs from that appearing on the list of electors, if any, when the returning officer is satisfied with his identity. R.S., c. 140, s. 68 .
69 (1) On nomination day, which shall be Tuesday, the fourteenth day before ordinary polling day, a returning officer shall attend at his headquarters, between the hours of twelve o'clock noon and two o'clock in the afternoon, to receive the nomination of a person who has not been already officially nominated.
(2) If the provisions of Section 66 have been complied with, the returning officer shall
(a) accept a nomination paper at any time between the date of the proclamation and the hour of two o'clock in the afternoon on nomination day; and
(b) sign the receipt of the deposit on the nomination paper and transmit the deposit to the Chief Electoral Officer who shall, upon satisfying himself that the deposit is one within the meaning of Section 66, forward it to the Minister of Finance.
(3) The signing of the receipt of the deposit on the nomination paper by the returning officer shall be evidence that the candidate has been officially nominated. R.S., c. 140, s. 69.
70 (1) Before three o'clock in the afternoon of nomination day a candidate, or his official agent, may direct the returning officer in writing to change the particulars of the name of the candidate that appears in the nomination paper, and if the returning officer is satisfied that the particulars, as changed, correspond to those by which the candidate is known in the electoral district, the returning officer shall attach the direction to the nomination paper and amend it accordingly.
(2) Where two members are to be elected for an electoral district, the candidates may, in writing, within one hour after the close of nominations agree to their names being arranged on the ballot paper otherwise than alphabetically, and the returning officer shall have the names arranged accordingly. R.S., c. 140, s. 70; 2001, c. 43, s. 37 .
71 After the time provided for changes in particulars of the candidate appearing in the nomination paper and agreements among candidates respecting arrangement of their names on the ballot paper, the returning officer shall immediately forward a copy of the nomination paper and complete information regarding subsequent changes in particulars or agreements to the Chief Electoral Officer. R.S., c. 140, s. 71 .
72 The Minister of Finance shall dispose of the deposit of a candidate as follows:
(ii) receives a number of votes equal to ten per cent of the total number of valid votes polled in the election in the electoral district in which he was a candidate and his official agent has been granted an interim certificate by the Chief Electoral Officer after filing a report of his expenses, or
the Minister of Finance shall return it to the candidate, his official agent or personal representative;
(aa) if a nomination paper is superseded and withdrawn pursuant to subsection (5) of Section 66, the Minister of Finance shall return the deposit to the candidate, the candidate's official agent or personal representative; or
(b) in all other cases, the Minister of Finance shall pay it into the Consolidated Fund of the Province. R.S., c. 140, s. 72; 2006, c. 28, s. 4; 2008, c. 13, s. 3.
73 Before one o'clock in the afternoon on nomination day, a person officially nominated as a candidate may appear in person or by his official agent before the returning officer and file with the returning officer a declaration in prescribed form signed by either of them that the person withdraws as a candidate, whereupon the person shall be deemed not to have been officially nominated and his deposit shall be forfeited. R.S., c. 140, s. 73 .
74 A person, who, before or during an election, for the purpose of procuring the election of a candidate, knowingly publishes a false statement of the withdrawal of another candidate at the election is guilty of an offence. R.S., c. 140, s. 74 .
75 (1) If a candidate, officially nominated, dies before the close of nominations on nomination day, the candidate shall be deemed not to have been officially nominated.
(2) If a candidate, officially nominated, dies between the close of nominations and of the poll, the returning officer, after consulting with the Chief Electoral Officer, shall
(a) revoke the grant of the poll by transmitting a declaration in prescribed form to the Chief Electoral Officer; and
(b) fix the date of a new ordinary polling day, which shall be a Tuesday not more than forty-five days and not less than thirty days from the date of the death of the candidate,
and the writ shall be deemed to have been amended accordingly.
(3) After revoking the grant of the poll, the returning officer shall issue a proclamation as provided in Section 23, and commence afresh all the other proceedings for the election as if the amended writ had been received immediately following the revocation of the grant of the poll, but
(a) a person, other than the candidate who died, nominated before the revocation of the grant of the poll, or nominated in accordance with Sections 66 and 69 between the date of the new proclamation and two o'clock on the new nomination day, shall be deemed to have been duly nominated; and
(b) the list of electors, prepared after the issue of the writ, shall be used at the postponed election as the list of electors, or if revised, as the official list of electors.
(4) The returning officer shall make a full report to the Chief Electoral Officer of any action taken under this Section with the return of the writ. R.S., c. 140, s. 75; 2001, c. 43, s. 38 .
75A A candidate or candidate's representative may enter any apartment building or other multiple residence during reasonable hours for the purpose of lawfully campaigning. 2001, c. 43, s. 39 .
75B It is an offence to obstruct a candidate or a candidate's representative in lawfully campaigning. 2001, c. 43, s. 39 .
75C (1) No landlord or person acting on the landlord's behalf may prohibit a tenant from displaying election advertising posters on the premises leased by the tenant and no condominium corporation or any of its agents may prohibit the owner of a condominium unit from displaying election advertising posters on the premises of that person's unit.
(2) Notwithstanding subsection (1), a landlord, person, condominium corporation or agent referred to in that subsection may set reasonable conditions relating to the size or type of election advertising posters that may be displayed on the premises and may prohibit the display of election advertising posters in common areas of the building in which the premises are found. 2001, c. 43, s. 39 .
76 Where only one candidate, or only the number of candidates authorized by law to be elected to represent the electoral district, are officially nominated within the time fixed for that purpose, the returning officer shall
(a) declare the candidate or candidates duly elected by completing the return in prescribed form on the writ; and
(b) comply with the provisions of Section 169. R.S., c. 140, s. 76 .
77 (1) If more candidates than the number required to be elected for the electoral district are officially nominated, a returning officer, after the hour of three o'clock in the afternoon on nomination day, shall immediately
(a) grant a poll for taking the votes of the electors;
(b) issue a notice of grant of a poll in prescribed form;
(c) transmit one copy of the notice of grant of a poll to each political organization in the electoral district; and
(d) repealed 2001, c. 43. s. 40.
(e) transmit to the Chief Electoral Officer one copy of the notice of grant of a poll, together with the name of any person proposed for nomination, but rejected by the returning officer for non-compliance with this Act, and the reasons for the rejection;
(f) repealed 2001, c. 43. s. 40.
(2) Following the close of nominations on nomination day, the Chief Electoral Officer, during a general election, shall cause a consolidated notice of grant of a poll in prescribed form to be published once in every newspaper published in the Province and, is during a by-election, to be published in each local newspaper circulating in the electoral district.
(3) In any notice of grant of a poll, the name of a candidate shall be shown in the same manner as it will appear on the ballot paper. R.S., c. 140, s. 77; 2001, c. 43, s. 40 .
78 At a general election, the date fixed for ordinary polling day shall be the same for all electoral districts. R.S., c. 140, s. 78 .
79 The poll shall be opened for the taking of votes on ordinary polling day at the hour of eight o'clock in the forenoon and kept open until the hour of seven o'clock in the afternoon. R.S., c. 140, s. 79 .
80 (1) The returning officer for an electoral district shall appoint as deputy returning officer for each polling station a person from lists supplied by the candidate of the political organization whose candidate finished first in that electoral district in the last election.
(1A) The returning officer for an electoral district shall appoint as poll clerk for each polling station a person from lists supplied by the political organization whose candidate finished second in that electoral district in the last election.
(1B) The lists referred to in subsections (1) and (1A) shall be transmitted to the returning officer no later than five o'clock in the afternoon of the tenth day before ordinary polling day.
(1C) A returning officer shall proceed to appoint deputy returning officers and poll clerks without the lists if the lists submitted by the time mentioned in subsection (1B) do not contain a sufficient number of qualified persons.
(1D) A returning officer may, on reasonable grounds, refuse to appoint a deputy returning officer or poll clerk recommended by a political organization, and shall advise the political organization of the refusal immediately.
(a) the boundaries of an electoral district have been altered since the last election for the electoral district; or
(b) there is no political organization to which subsection (1) or (1A) applies,
the Chief Electoral Officer shall determine which political organization is entitled to submit the lists to the returning officer.
(a) dismiss and replace a deputy returning officer or poll clerk for cause;
(b) appoint a deputy returning officer or poll clerk in the place of one who resigns or dies;
(c) direct the person so replaced to deliver up anything relating to his office to the person designated in writing by the returning officer.
(3) Where a returning officer establishes a central polling place in which five or more polling stations are located, he may appoint a person, who shall be called a "supervising deputy returning officer", to attend at the central polling place on polling day for the purpose of keeping the returning officer informed with respect to matters affecting peace and good order in the central polling place and the person so appointed shall attend at the central polling place throughout polling day and keep the returning officer promptly and fully informed with respect to all matters affecting or likely to affect peace and good order therein.
(4) A supervising deputy returning officer shall have all of the powers and privileges of the deputy returning officer and may be dismissed or replaced in the same manner as a deputy returning officer. R.S., c. 140, s. 80; 2001, c. 43, s. 41 .
81 When a deputy returning officer dies or fails to act and another person has not been appointed in his stead, the poll clerk shall act as the deputy returning officer and appoint a poll clerk by prescribed form in the poll book. R.S., c. 140, s. 81 .
82 Not later than Saturday, the third day before ordinary polling day, a returning officer shall prepare in prescribed form a list of the names of the supervising deputy returning officers, of the deputy returning officers and of the poll clerks, appointed by him, and of the polling divisions for which each is to act, and shall
(a) provide a copy of the list to each political organization in his electoral district;
(b) repealed 2001, c. 43. s. 42.
R.S., c. 140, s. 82; 2001, c. 43, s. 42 .
83 (1) The Chief Electoral Officer shall obtain ballot boxes for each electoral district, and shall
(a) give the necessary instructions for procuring the ballot boxes to the returning officer; or
(b) have the ballot boxes delivered to the returning officer.
(a) of uniform size and shape;
(b) made of suitable material;
(c) furnished with seals or a lock and key; and
(d) so constructed, with a slit or narrow opening on the top, that the ballot papers may be deposited but the ballots cannot be withdrawn without unlocking or unsealing the box.
(3) Where a returning officer fails to furnish a ballot box to a deputy returning officer for a polling station, or the box which was furnished has been lost or destroyed, the deputy returning officer shall procure or cause one to be made. R.S., c. 140, s. 83 .
84 (1) A ballot paper shall be in prescribed form and
(a) on the front thereof the names of the candidates with given names followed by surnames in the first line and the name of the party of each official candidate of a recognized party or the word "independent" as the case may be, under the candidate's name;
(b) on the back of the stub and counterfoil, a serial number, the same number being printed or written on the stub as on the counterfoil; and
(c) on the back of the ballot paper,
(ii) the stamp of the returning officer supplied by the Chief Electoral Officer,
(2) Except as provided in subsection (2) of Section 70, the names of candidates shall be alphabetically arranged in order of their surnames and, where necessary, given names. R.S., c. 140, s. 84; 2001, c. 43, s. 43 .
(a) be of the same description and as nearly alike as possible;
(b) have a counterfoil and a stub, with a line of perforations, between the ballot form and the counterfoil, and between the counterfoil and the stub;
(c) be printed on paper of a quality, weight and size determined and supplied by the Chief Electoral Officer; and
(d) be bound or stitched in books containing twenty-five, fifty or one hundred ballot papers, according to the requirements of the polling stations. R.S., c. 140, s. 85 .
86 (1) The Chief Electoral Officer shall
(a) be responsible for and keep a record of each sheet of paper which has been received or disposed of by him for the printing of the ballot papers; and
(b) transmit to each returning officer a sufficient number of sheets for printing the ballot papers.
(a) count the sheets of paper received by him and forward a receipt for them to the Chief Electoral Officer; and
(b) transmit to the printer a sufficient number of sheets for printing the ballot papers, which shall be not less than twenty per cent more than the total number of electors in the electoral district.
(a) count the sheets of paper received by him and forward a receipt for them to the returning officer; and
(b) unless otherwise authorized by the Chief Electoral Officer, print the ballot paper in prescribed form, with the face of the ballot paper printed in black ink and with the names, addresses, political affiliations and a small circular space at the right of the name of each candidate appearing in the natural colour of the paper.
(4) Upon completing the printing of the ballot papers, the printer shall deliver to the returning officer
(a) the ballot papers printed by him;
(b) the paper used for printing ballot papers, which has been spoiled or not used;
(c) the stereotype blanks supplied to the printer by the returning officer; and
(d) a completed affidavit in prescribed form. R.S., c. 140, s. 86 .
87 (1) Not later than noon on Monday, the day before ordinary polling day, a returning officer shall furnish to each deputy returning officer for the polling station to which the deputy returning officer has been appointed
(a) ballot papers for at least ten per cent more than the number of electors on the official list of electors of the polling station;
(b) a statement showing the number of ballot papers supplied with their serial numbers;
(c) pencils or pens to permit the electors to mark their ballot papers;
(d) copies of directions to electors in prescribed form;
(e) a copy of this Act and of the instructions issued by the Chief Electoral Officer;
(f) the official list of electors for use at the polling station;
(i) other materials and supplies authorized or furnished by the Chief Electoral Officer.
(2) Until the opening of the poll, a deputy returning officer shall be responsible for the election materials and supplies received from the returning officer, and shall prevent any person from having unlawful access to them. R.S., c. 140, s. 87; 2001, c. 43, s. 44 .
88 (1) Not later than Friday, the twenty-fifth day before ordinary polling day, a returning officer shall secure for each polling division in his electoral district suitable premises for one or more polling stations
(a) within the polling division;
(b) if the returning officer is unable to secure suitable premises for a polling station within the polling division, then within an adjacent polling division; or
(c) if there is a central polling place in the electoral district where the polling stations of not more than ten of the polling divisions may be centralized, then within the centralized polling place.
(2) Where it is found impractical to hold a poll in the place indicated to the electors as the place where the poll is to be held, then it shall be held in another polling station as near as practicable to the original polling station, and thereupon the returning officer shall
(a) give notice in writing of the new location of the polling station to each political organization in the electoral district; and
(b) cause to be affixed on polling day notices at or near the polling station first designated stating the new location of the polling station. R.S., c. 140, s. 88; 2001, c. 43, s. 45 .
89 A polling station shall bear the number of the polling division, and when there is more than one polling station for a polling division, the number shall be followed by the initial letter of the surnames of the first and last electors on the list of electors for the polling station, such as Polling Station No. (A. to L.) or as the case may be. R.S., c. 140, s. 89 .
90 (1) A polling station shall be in premises of convenient access, and shall contain a compartment, adequately lighted, where an elector may mark his ballot paper in secrecy.
(2) Throughout the hours of polling, the compartment shall contain a table and a pen or pencil. R.S., c. 140, s. 90 .
91 (1) Subject to subsections (2) and (3), every polling station in an electoral district shall be in premises with level access.
(2) Where a returning officer is unable to secure suitable premises with level access as a polling station, the returning officer may, with the prior approval of the Chief Electoral Officer, locate the polling station in premises without level access.
(3) A returning officer may, with the consent of the Chief Electoral Officer, locate the polling station in a polling division in an adjacent electoral district, if such a location would be the most convenient for the electors in that polling division. 2001, c. 43, s. 46 .
91A (1) Where, pursuant to clause (b) of subsection (1) of Section 24, a separate polling division is established for one or more long-term care facilities, as defined by the Chief Electoral Officer, the returning officer may, with the approval of the Chief Electoral Officer, establish a mobile polling station to be located in each of those facilities successively.
(2) The returning officer shall set the times during which a mobile polling station will be in the facilities referred to in subsection (1).
(3) Notwithstanding subsection (2), a mobile polling station shall be in a facility referred to in subsection (1) for not less than three hours.
(4) The returning officer shall give notice to the candidates of the itinerary of the mobile polling station in such form and manner as are prescribed.
(5) Subject to the instructions of the Chief Electoral Officer, the provisions of this Act relating to ordinary polls apply to mobile polls so far as they are applicable. 2001, c. 43, s. 46 .
92 In addition to the supervising deputy returning officer, deputy returning officer, poll clerk, and an elector intending to vote thereat, only the following persons shall be permitted to be in the polling station while the poll remains open:
(b) the returning officer or election clerk;
(c) subject to subsection (2) of Section 93, two agents for each candidate upon delivering his appointment in prescribed form to the deputy returning officer and taking an oath in prescribed form in the poll book;
(d) until an agent of a candidate has delivered his written appointment to the deputy returning officer, one elector to represent the candidate on the request of the elector;
(e) the agent at large of a candidate if appointed under Section 94;
(ea) the official agent of a candidate if appointed under Section 94;
(f) a constable, if appointed under Section 127;
(g) any person necessarily present in order to comply with any other Section of this Act; and
(h) at the discretion of and on such terms and conditions as specified in writing by the Chief Electoral Officer, any person or group of persons for educational purposes. R.S., c. 140, s. 92; 2001, c. 43, s. 47; 2006, c. 28, s. 5; 2008, c. 13, s. 4 .
93 (1) A candidate officially nominated, or his official agent, may appoint by prescribed form, one or more agents to represent the candidate at each polling station in the electoral district.
(2) An agent, or an elector representing a candidate where an agent for the candidate has not presented his appointment to a deputy returning officer, may absent himself from and return to a polling station from time to time while the polling station is open, but only two agents or electors representing a candidate, shall be entitled to remain in the polling station at any one time while the polling station is open.
(3) An agent is entitled to represent a candidate to the exclusion of an elector who was not appointed by the candidate or his official agent. R.S., c. 140, s. 93; 2001, c. 43, s. 48 .
94 (1) A candidate officially nominated, may appoint by prescribed form, either his official agent or an agent at large or both to represent the candidate at all the polling stations in the electoral district, who, before acting, shall complete an oath of office in prescribed form before the returning officer.
(2) Upon exhibiting his appointment to the deputy returning officer and without taking an oath, the official agent or an agent at large may represent a candidate in any polling station in the same manner as, and in addition to, an agent. R.S., c. 140, s. 94 .
95 A candidate may himself act as or assist an agent. R.S., c. 140, s. 95 .
96 (1) The official list of electors shall be used at a polling station.
(2) The list of electors for a polling division that is certified pursuant to Section 62 is the official list of electors for that polling division. R.S., c. 140, s. 96; 2001, c. 43, s. 49 .
97 Where the official list of electors for a polling division contains the names of more than four hundred and fifty electors, a returning officer shall
(a) provide two or more polling stations for the polling division, to allow, as nearly as possible, an equal number of electors, not exceeding four hundred and fifty, to vote at each polling station; and
(b) in the prescribed manner, divide the official list of electors for the polling division into as many separate lists as required for the taking of the vote at each polling station. R.S., c. 140, s. 97; 2001, c. 43, s. 50 .
98 (1) A candidate whose name appears on the official list of electors for a polling station and any agent of the candidate, where the agent's name appears on the official list of electors, is entitled on request to receive a transfer certificate to vote at another polling station in the electoral district.
(2) A returning officer or election clerk shall issue a transfer certificate to any person whose name appears on the official list of electors for a polling station and who has been appointed after the last day of advance polls to act as an election officer for another polling station in the electoral district.
(3) An elector who has a physical disability that prevents the elector from voting at the polling station where the elector's name is on the official list of electors may apply for a transfer certificate to vote at another polling station with level access in the same electoral district.
(4) An application pursuant to subsection (3) shall be in the prescribed form, and shall be delivered to the returning officer or election clerk by the elector, or a person designated by the elector in writing.
(5) An application pursuant to subsection (1) or (3) shall be delivered to the returning officer or election clerk prior to eight o'clock in the evening on Saturday, the third day before ordinary polling day.
(6) Where a transfer certificate is issued pursuant to this Section to an elector to vote at a polling station other than the polling station where the elector is on the official list of electors, the elector may vote at the other polling station. 2001, c. 43, s. 51 .
99 A returning officer or election clerk, on issuing a transfer certificate, shall
(a) complete the certificate in triplicate;
(b) consecutively number each certificate in the order of its issue;
(c) deliver the original certificate to the elector;
(d) transmit a copy of a certificate issued pursuant to subsection (1) or (3) of Section 98, and, where possible, a copy of a certificate issued pursuant to subsection (2) of Section 98, to the deputy returning officer of the polling station where the name of the person to whom the certificate is issued appears on the official list of electors; and
(e) keep a copy of the certificate in his headquarters where it shall be kept available for public inspection at all reasonable times. R.S., c. 140, s. 99; 2001, c. 43, s. 52 .
100 (1) An elector may apply to the returning officer for the electoral district in which the elector is ordinarily resident to vote by write-in ballot.
(2) An application pursuant to subsection (1) shall contain such information and proof of identification as is prescribed.
(3) The returning officer shall begin to receive applications to vote by write-in ballot as soon as is possible after the date of the writ of election, but no later than Saturday, the twenty-fourth day before ordinary polling day. 2001, c. 43, s. 53; 2006, c. 28, s. 6 .
101 (1) An elector may make an application for a write-in ballot
(a) in person at the office of the returning officer until eight o'clock in the evening of Wednesday, the thirteenth day before ordinary polling day, during the hours that are prescribed, excluding Sunday;
(b) by mail, if the application is received no later than eight o'clock in the evening of Saturday, the tenth day before ordinary polling day; or
(c) by an agent, if the elector is unable, because of a disability or illness, to attend at the returning officer's office to vote at the special poll, or to vote at the advance poll or on ordinary polling day, or to apply for a write-in ballot by mail, no later than eight o'clock in the evening of Saturday, the third day before ordinary polling day.
(2) The returning officer shall approve an application for a write-in ballot from an elector if
(a) subject to subsection (3), the name of the elector is on the list of electors for a polling division in the electoral district; and
(b) the application is complete and is filed with the returning officer in accordance with subsection (1).
(3) Where an application is received pursuant to subsection (1) but the name of the applicant is not on a preliminary list of electors for a polling division in the electoral district for which the election is held, the applicant is deemed to have also applied to be added to the list of electors for a polling division in the electoral district and, where all the information that is required pursuant to Section 57 is provided by the applicant, and the returning officer or revision assistant is satisfied that the elector is qualified to be registered as an elector in the polling division, the name of the applicant shall be added to the list of electors for the polling division.
(4) Where an elector's application is approved, the elector may vote only by write-in ballot. 2001, c. 43, s. 53 .
102 (1) The returning officer shall appoint a presiding officer to conduct the vote by write-in ballot, and may appoint a deputy presiding officer to assist the presiding officer.
(2) The election clerk or revision assistant may be appointed and act as presiding officer or deputy presiding officer, and the presiding officer and deputy presiding officer appointed pursuant to this Section may also act as the presiding officer or deputy presiding officer for the special poll.
(3) When a returning officer approves an application pursuant to Section 101, the returning officer or the presiding officer shall transmit to the elector, in the prescribed manner,
(a) a declaration envelope or outer envelope in such form as is prescribed, to which is attached a declaration that contains such information as is prescribed;
(b) a ballot envelope or inner envelope, in such form as is prescribed;
(c) a ballot paper, in such form as is prescribed, initialed by the presiding officer;
(d) an instructional guide containing such information as is prescribed;
(e) a return envelope on which is placed the address of the returning officer; and
(f) the name of each person nominated as a candidate and the name of the recognized party, if any, that is sponsoring the candidate, if the transmission of the voting materials takes place after the time limited by this Act for acceptance of nominations has expired.
(4) The presiding officer shall, in the poll book to be used for the write-in ballot, in the prescribed manner and form,
(a) record the date on which the application was approved;
(b) assign to the elector a consecutive number as an applicant;
(c) record the name and address of the elector;
(d) record the number of the polling division in which the elector is entitled to vote;
(e) record the elector's number on the preliminary list of electors, or indicate that the elector was added to the list by the revision assistant; and
(f) record the date that the write-in ballot was transmitted to the elector.
(5) At the conclusion of each day that electors are entitled to apply to vote by write-in ballot, the returning officer shall cause the names of the electors whose applications to vote by write-in ballot have been approved to be identified in the prescribed manner on the list of electors.
(6) A candidate may have access to the list of electors whose applications to vote by write-in ballot have been approved. 2001, c. 43, s. 53 .
103 (1) In order to vote by write-in ballot, the elector shall, after receiving the items transmitted to the elector,
(a) mark the ballot by printing or writing on it, in the prescribed manner
(ii) the name of the recognized party that sponsors the candidate the elector wishes to have elected,
(b) place the marked ballot in the inner envelope;
(d) place the inner envelope in the outer envelope;
(f) sign the declaration on the outer envelope; and
(g) transmit, in the prescribed manner, to the returning officer the sealed outer envelope that contains the sealed inner envelope that contains the marked ballot so that they are received by the returning officer no later than the close of polls on ordinary polling day.
(2) When the outer envelope containing the inner envelope and marked ballot are transmitted to the returning officer, and received by the returning officer before the close of polls on ordinary polling day, the presiding officer shall, without unsealing the envelope,
(a) place the presiding officer's initials on the outer envelope;
(b) deposit the outer envelope in the sealed ballot box to be used for the write-in ballots; and
(c) record in the poll book, in the prescribed manner and form, the date and time that the outer envelope containing the inner envelope and marked ballot paper was received in the returning officer's headquarters and placed in the ballot box.
(3) At the time fixed by clause (a) of subsection (1) of Section 101 for the close of receipt for applications for write-in ballots, the presiding officer shall, in the presence of the deputy presiding officer, the returning officer, the election clerk, candidates, agents or electors representing candidates who are present,
(a) affix seals on the ballot box in such a manner that the ballot box cannot be opened or anything deposited in or removed from it without breaking the seal;
(b) secure the unused ballot papers and the poll book in the prescribed manner; and
(c) give the ballot box and other voting materials to the returning officer who shall secure them until the opening of the time for accepting write-in ballots the next day.
(4) At the time fixed for accepting write-in ballots on each day, the presiding officer, in the presence of the persons referred to in subsection (3) who are present, shall remove the seals from the ballot box and open the secured materials and commence to receive write-in ballots. 2001, c. 43, s. 53 .
104 (1) At the close of the polls on ordinary polling day, the presiding officer and the deputy presiding officer shall proceed to count the write-in ballots.
(2) Where a deputy presiding officer has not previously been appointed, the returning officer shall appoint one to assist the presiding officer with the counting of the ballots.
(3) In the presence of the candidates, their agents or electors representing candidates who are present and at the time fixed by the Chief Electoral Officer and in accordance with the instructions of the Chief Electoral Officer, the presiding officer shall verify the outer envelopes by opening the ballot box and examining the outer envelopes.
(4) The presiding officer shall lay aside unopened and record as a rejected ballot any outer envelope that
(a) contains the name of an elector who is not on the official list of electors for the electoral district;
(b) contains the name of an elector who has voted at the special or advance poll;
(c) shows the information about the elector, as described on the envelope, that does not correspond to the information on the application for registration and for write-in ballot;
(d) does not contain the signature of the elector;
(e) is completed in such a way that the identity of the elector cannot be determined; or
(f) shows that it was received after time specified by clause (g) of subsection (1) of Section 103.
(5) A candidate, agent or elector representing a candidate may object to the rejection of an outer envelope, and the presiding officer shall record the objection in the prescribed form.
(6) An inner envelope that is found in the ballot box other than within an outer envelope shall be so marked and shall be laid aside and is deemed to be a rejected ballot.
(7) A ballot paper found in the ballot box other than in an outer envelope shall be so marked and shall be laid aside and is deemed to be a rejected ballot.
(8) When the verification of the outer envelopes is complete, the presiding officer shall
(a) record the number of envelopes accepted and rejected;
(b) open the outer envelopes that have been accepted and remove the inner envelopes;
(c) mix the inner envelopes together in the ballot box;
(d) remove the inner envelopes from the ballot box; and
(e) open the inner envelopes and count the votes cast for each candidate.
(9) A ballot paper that is not contained in an inner envelope shall not be rejected if it is found in the ballot box in a sealed outer envelope but, after being taken from the outer envelope, the ballot paper shall be placed and sealed in an inner envelope without being unfolded and the envelope shall be mixed together with the other inner envelopes. 2001, c. 43, s. 53 .
105 (1) Where the elector has printed or written on the ballot paper
(a) the name of a person who has not been nominated as a candidate;
(b) the name of a person and the name of a political party that is not recognized or the name of a recognized party that did not sponsor the person; or
(c) the name of a recognized party that did not sponsor a candidate,
the ballot shall be laid aside and is deemed to be a rejected ballot.
(2) It is not necessary that an elector print or write on a ballot the name of a candidate as it appears on the ballot used at an ordinary poll or the registered name of a recognized party as long as the name of the candidate or recognized party is printed or written on the ballot in such manner that it is clear for which candidate the elector intended to vote or to which recognized party the elector intended to refer.
(3) Where an elector has printed or written the name of a recognized party on a ballot in accordance with clause (a) of subsection (1) of Section 103, the elector is deemed to have voted for the candidate sponsored by that recognized party and the ballot shall be counted as a ballot cast for that candidate.
(4) The presiding officer shall keep a record of every objection made by a candidate, an agent of a candidate or an elector who was present during the counting of the ballot papers. 2001, c. 43, s. 53 .
106 (1) Subject to subsection (2), where an elector is unable, because of a disability or illness, to personally attend at the office of the returning officer of the electoral district or to vote in person at the special, advance or ordinary polls, and the elector wishes to vote by write-in ballot, the elector may appoint an agent to receive and return the write-in ballot on the elector's behalf.
(2) The appointment of the agent shall be in writing, and shall contain a declaration signed by the elector that shows that the elector is qualified under subsection (1) to appoint an agent.
(3) The returning officer shall not accept the appointment of an agent unless the agent
(a) is on the same list of electors for the polling division where the elector is ordinarily resident;
(b) is a child, grandchild, brother, sister, parent, grandparent, husband or wife of the elector and is ordinarily resident in the Province and is of voting age.
(4) A person can act as an agent for only one elector, unless the person is the child, grandchild, brother, sister, parent, grandparent, husband or wife of the person making the appointment.
(5) Upon the acceptance by the returning officer of the appointment of an agent and upon the agent taking an oath in the prescribed form, the returning officer shall deliver to the agent the voting materials described in subsection (3) of Section 102. 2001, c. 43, s. 53 .
(a) makes a false statement in a declaration made pursuant to Section 101, 102 or 106; or
(b) votes at the election after having voted by write-in ballot,
is guilty of an offence. 2001, c. 43, s. 53 .
107 (1) During the fifteen minutes prior to the opening of a polling station, the deputy returning officer in full view of the poll clerk, the candidates, or their agents, or the electors representing candidates, as are present in the polling station, shall
(a) cause the directions to electors in prescribed form to be posted in two conspicuous places outside of and near to the polling station, and in a conspicuous place in the voting compartment of the polling station;
(b) count the ballot papers and permit any candidate, agent or elector, who is present, to inspect and count them; and
(c) open the ballot box, ascertain that it is empty, seal or lock it with a seal or lock, and place it on a table in full view of all present, where it shall remain sealed or locked until the close of the poll.
(2) During the fifteen minutes prior to the opening of a polling station or as soon thereafter as is practicable and in the presence of such of the persons mentioned in subsection (1), as are present, the deputy returning officer shall affix uniformly his initials, either entirely with ink of one colour, or entirely with black lead pencil, in the space provided for that purpose on the back of the ballot papers without taking them from the the bound or stitched books. R.S., c. 140, s. 107 .
108 (1) At the hour fixed for opening a polling station and during polling hours, the deputy returning officer shall
(a) admit into the polling station each elector who has not already voted and see that the elector is not impeded or molested;
(b) have the elector, who is before him, declare his name and address;
(c) if the elector is qualified to vote under Section 121, have the poll clerk enter the name and address of the elector in the poll book;
(d) fold the ballot paper so that when folded, his initials can be seen without unfolding it;
(e) direct the elector to return the ballot paper, when marked, folded as shown with the counterfoil attached;
(f) deliver a pencil or pen to the elector, with instructions to use it for marking the ballot paper and to return it to the deputy returning officer; and
(g) subject to subsection (2), deliver the ballot paper to the elector.
(2) If required by the deputy returning officer, poll clerk, candidate, his agent, or elector representing a candidate, who is present, an elector shall, before receiving the ballot paper, take an oath in prescribed form in the poll book before the deputy returning officer, and if the elector refuses to take the oath, the elector shall not be permitted to vote and erasing lines shall be drawn through his name on the official list of electors and in the poll book, and a check mark shall be placed under the words "sworn or affirmed" or "refused to swear or affirm" opposite the name of the elector in the poll book.
(3) An elector, who refuses to take the oath referred to in subsection (2), shall not receive a ballot paper, or be permitted to vote, or be again admitted to the polling station. R.S., c. 140, s. 108; 2001, c. 43, s. 54 .
109 An elector, on receiving a ballot paper, shall
(a) proceed into the voting compartment and there mark with a pencil or pen the circular space on the ballot paper at the right of the name of the candidate for whom the elector intends to vote with a cross, an "X", a check mark or a line;
(b) fold the ballot paper, so that the initials and the serial number on the back can be seen without unfolding it;
(c) return and hand the ballot paper, so folded, to the deputy returning officer, who shall
(ii) if it is, in full view of the elector and all others present, remove and destroy the counterfoil and deposit the ballot paper in the ballot box; and
110 Subject to Section 111, a deputy returning officer shall not inquire or see for whom the elector intends to vote. R.S., c. 140, s. 110 .
111 (1) Subject to subsection (2), where an elector is unable to vote in the manner prescribed by Section 109 because the elector is unable to read, or is incapacitated by blindness or other physical infirmity, a deputy returning officer shall
(a) where the elector has a friend to assist him and where the elector is not the child, grandchild, brother, sister, parent, grandparent, husband or wife of the friend, the friend is a person who has not already acted, in the same election, as a friend to another elector who is not the child, grandchild, brother, sister, parent, grandparent, husband or wife of the friend,
(ii) permit the friend to accompany the elector into the voting compartment and mark the elector's ballot paper; or
(b) where the elector requests assistance,
(ii) accompany the elector, with an agent or elector representing each candidate, if present, into the voting compartment and there assist the elector by marking the ballot paper in the manner directed by the elector.
(2) Where an elector has the ballot paper marked as provided in subsection (1), the poll clerk shall enter in the poll book opposite the elector's name, in addition to any other requisite entry
(a) the reason why the ballot paper was so marked;
(b) the name of the person who marked it; and
(c) the taking of the oaths. R.S., c. 140, s. 111; 2001, c. 43, s. 55 .
112 Where an elector has inadvertently dealt with a ballot paper so that it should not be used
(a) the elector shall return it to the deputy returning officer; and
113 (1) Where an elector applies for a ballot paper in a name and address which corresponds so closely with a name and address on the official list of electors so as to make it appear probable to the deputy returning officer that the entry in the official list was intended to refer to that elector, the elector may receive a ballot paper and vote
(a) if the elector takes an oath respecting the error in prescribed form in the poll book; and
(b) if required by the deputy returning officer, the poll clerk, a candidate, his agent, or an elector representing a candidate, who is present, takes an oath of qualification in prescribed form in the poll book.
(2) The poll clerk shall enter in the poll book
(a) the correct name and address of the elector; and
(b) the taking of the oath respecting the error. R.S., c. 140, s. 113 .
114 (1) An elector, who applies for a ballot paper after another person has voted as such elector, may receive a ballot paper and vote
(a) if the elector takes an oath respecting the matter in prescribed form in the poll book; and
(b) if required by the deputy returning officer, the poll clerk, a candidate, his agent, or an elector representing a candidate, who is present, takes an oath of qualification in prescribed form in the poll book.
(2) The poll clerk shall enter in the poll book, opposite the name of the elector, that the elector
(a) voted on a second ballot paper issued under the same name;
(b) took the oath respecting the matter; and
(c) if required, took the oath of qualification. R.S., c. 140, s. 114 .
115 An elector, who received a ballot paper and declines to vote, shall return the ballot paper to the deputy returning officer, who, without showing it to any person, shall mark "cancelled" upon it and place it in Envelope A, and the elector shall not be given a further ballot paper. R.S., c. 140, s. 115 .
116 (1) Where a deputy returning officer does not understand the language spoken by an elector, the deputy returning officer shall, if possible, obtain an interpreter who, after taking an oath in prescribed form in the poll book, shall be the means of communication between the deputy returning officer and the elector with reference to all matters required to enable the elector to vote.
(2) If no interpreter is obtained, the elector shall not be allowed to vote until one is obtained. R.S., c. 140, s. 116 .
117 Where a polling station has been established in a a long-term care facility as defined by the Chief Electoral Officer, the deputy returning officer and poll clerk, while the polling station is open, may
(a) suspend temporarily the voting in the polling station; and
(b) accompanied by an officer of the facility, and not more than one agent of each candidate, if any, carry the ballot box, poll book, ballot papers and other necessary election documents from room to room in the facility, and take the votes of the bedridden patients, who are qualified under Section 121 to vote in the polling station. R.S., c. 140, s. 117; 2001, c. 43, s. 56 .
118 A poll clerk shall enter on a record of poll in prescribed form in the poll book
(a) prefixed by a consecutive number, the name, the address and the number on the official list of electors of each elector who applies to vote or, where the elector's name is not on the official list of electors, then either
(ii) the notation "added", if the application to be added to the list of electors is made to the deputy returning officer;
(b) a check mark under the word "voted" and opposite the name of the voter, as soon as the ballot is deposited in the ballot box;
(c) a check mark under the words "sworn or affirmed" and opposite the name of an elector to whom an oath is administered, with a note indicating the nature of the oath;
(d) a check mark under the words "refused to swear or affirm" and opposite the name of an elector who refuses to take an oath when he is legally required to do so;
(e) a check mark under the word "transfer" and the certificate number opposite the name of an elector who votes under a transfer certificate;
(f) any other entries which the deputy returning officer may direct. R.S., c. 140, s. 118; 2001, c. 43, s. 57 .
119 At the hour for the closing of the polling station, a deputy returning officer shall
(a) cause the name of all electors, then in or actually present at and awaiting admission to the polling station, to be listed;
(b) keep the polling station open a sufficent [sufficient] time to enable the electors to vote,
but no elector, other than those whose names are so listed, shall be permitted to vote after the hour. R.S., c. 140, s. 119 .
120 A person may not vote at a polling station on ordinary polling day if
(a) the person refuses to take the oath, in the poll book, as provided for in subsection (2) of Section 108;
(b) repealed 2001, c. 43, s. 58.
(c) subject to clause (d) of Section 121, the deputy returning officer has, pursuant to Section 99, received a transfer certificate from the returning officer certifying that the elector has received a transfer certificate entitling him to vote at another polling station; or
(d) the person fails to comply with Section 121. R.S., c. 140, s. 120; 2001, c. 43, s. 58 .
121 Subject to Section 120, a person may vote at a polling station on ordinary polling day, if
(a) the person's name is on the official list of electors for the polling station;
(b) the person's name is not on the official list of electors for the polling station, but he complies with Section 122;
(c) the person delivers to the deputy returning officer of the polling station the original transfer certificate authorizing him to vote at that polling station; or
(d) the person delivers to the deputy returning officer of the polling station where his name is on the official list of electors the original transfer certificate issued under Section 99. R.S., c. 140, s. 121 .
122 (1) A person whose name is not on the official list of electors for a polling division where the elector is ordinarily resident may vote at the special poll, the advance poll or the polling station on ordinary polling day if the person applies to be registered on the list of electors by completing the prescribed application for registration and providing evidence of identification and residence of a prescribed type.
(2) The application for registration shall be made to a revision assistant at the advance poll or at the polling station on ordinary polling day or, where there is no revision assistant at the polling station, the application shall be made to the deputy returning officer of the polling station.
(3) Where there is a revision assistant at the polling station, the revision assistant shall permit one representative of each candidate to be present.
(4) Upon accepting the application for registration, the revision assistant shall issue to the elector a certificate to be presented to the deputy returning officer of the polling station where the elector is to vote.
(5) Where the deputy returning officer accepts the application for registration, a certificate to vote need not be prepared for the elector.
(6) On Monday, the day before ordinary polling day, between nine o'clock in the forenoon and six o'clock in the afternoon, an elector may apply in person to the returning officer, election clerk or revision assistant at the returning officer's office for a certificate to vote, and subsection (1) applies to the application. 2001, c. 43, s. 59 .
123 repealed 2001, c. 43, s. 60.
124 A person in attendance at a polling station, or at the counting of the votes, shall maintain and aid in maintaining the secrecy of the voting. R.S., c. 140, s. 124 .
125 A person is guilty of an offence, who directly or indirectly,
(a) at or about a polling station, interferes or attempts to interfere with an elector when marking a ballot paper, or otherwise attempts to ascertain the name of the candidate for whom an elector is about to vote or has voted;
(b) communicates information about the manner in which a ballot paper has been marked in his presence in a polling station;
(c) induces or endeavours to induce a voter to show his ballot paper so as to make known the name of the candidate for or against whom he has cast his vote; or
(d) communicates information obtained in a polling station as to the candidate for whom an elector at the polling station is about to vote or has voted. R.S., c. 140, s. 125 .
126 Subject to Sections 111 and 116, a person is guilty of an offence, who
(a) openly declares in a polling station for whom the person intends to vote or has voted; or
(b) shows his ballot paper to permit the name of the candidate, for whom the person has voted, to be known. R.S., c. 140, s. 126 .
127 A returning officer, during an election, and a supervising deputy returning officer and a deputy returning officer, during the hours a polling station is open or while the votes are being counted may
(a) of his own accord, or on the written requisition of a candidate, his agent or an elector representing a candidate, appoint a constable by prescribed form in the poll book;
(b) order any person to aid the officer in maintaining peace and good order at the election;
(c) arrest or cause by verbal order to be arrested, and place or cause to be placed in the custody of a constable or other person, a person disturbing the peace and good order at the election;
(d) cause an arrested person to be imprisoned, under an order signed by the officer, until an hour not later than the close of the poll. R.S., c. 140, s. 127 .
128 At the close of the poll, and in the presence of the poll clerk, candidates, agents and electors representing candidates, who are present, and in the presence of one additional agent for each candidate whom he shall admit if requested, and if none is present, then in the presence of at least two electors, the deputy returning officer shall
(a) complete the record of poll in the poll book by
(ii) writing after the last entry: "The number of electors who voted at this election in this polling station is (state the number)" and signing it;
(b) open Envelope A containing the cancelled ballot papers and
(ii) mark the number on the front of the envelope, and
(iii) place them in the envelope, seal it with a gummed paper seal and initial it;
(c) count the unused ballot papers undetached from the books of ballot papers and
(ii) place them, with the stubs of all used ballot papers, in the envelope, seal it with a gummed paper seal and initial it;
(d) complete entries indicating the number of ballot papers received from the returning officer, the number of cancelled ballot papers in Envelope A and the number of unused ballot papers in Envelope B on the statement of the poll in prescribed form in the poll book;
(e) open the ballot box and empty its contents on a table; and
(f) subject to Sections 129 to 131, count the votes by
(ii) after each person present is given full opportunity to examine a ballot, decide whether the ballot should be rejected under Sections 129 or 130 or counted, and
(iii) if the ballot is to be counted, call out the vote and have it entered on the tally sheets. R.S., c. 140, s. 128.
129 In counting the votes, a deputy returning officer shall reject and place in an envelope marked "C", a ballot
(a) that was not supplied by the deputy returning officer;
(b) that is not marked for any candidate;
(c) upon which the circular space at the right of the name of a candidate is not marked with a cross, an "X", a check mark or a line made with a pencil or pen;
(d) on which votes have been given for more candidates than are to be elected;
(e) that is so marked to render it uncertain for which candidate or candidates the voter has voted; or
(f) upon which there is any writing or mark by which the elector can be identified, but no ballot shall be rejected because of a writing, number, or mark placed thereon by the deputy returning officer. R.S., c. 140, s. 129.
130 If during the counting of the votes, a candidate, his agent, or an elector, who is present, objects to any ballot found in the ballot box, a deputy returning officer shall
(a) hear and decide every question arising out of the objection, and subject to reversal on a recount or on a petition questioning the election or return, the deputy returning officer's decision shall be final;
(b) if the deputy returning officer declares that the ballot be rejected, place it in Envelope C; and
(c) if the deputy returning officer declares that the ballot be not rejected, count the vote. R.S., c. 140, s. 130 .
131 When, in the course of counting the ballots, a ballot is found with the counterfoil attached or without the initials of the deputy returning officer affixed thereto, a deputy returning officer shall, in the presence of any person present in the polling station,
(a) after carefully concealing the number on the counterfoil and without examining it himself, remove and destroy the counterfoil; or
(b) where the deputy returning officer is satisfied that the ballot is one that was supplied by the deputy returning officer, affix his initials to the ballot,
and, subject to Section 129, count the vote on the ballot. R.S., c. 140, s. 131 .
132 After counting the votes, a deputy returning officer shall
(a) complete entries indicating the number of ballots cast for each candidate and the number of rejected ballots in Envelope C on the statement of the poll in the poll book referred to in Section 128;
(b) place the ballots for each candidate in separate envelopes marked "D", provided that if more than one candidate has been elected in the electoral district, place the ballots for the candidates in envelopes marked "D", or as directed by the returning officer;
(c) place all rejected ballots in Envelope C;
(d) write on each envelope a list of the contents and seal the envelope with a gummed paper seal;
(e) place his signature on the paper seals, and have the poll clerk and such of the persons present who desire to do so place their signatures on the paper seals;
(f) complete the required number of the statements of the poll in the poll book referred to in Section 128, sign them, and have the poll clerk and such of the persons present who desire to do so sign them, and dispose of them as follows:
(ii) deliver one statement to each agent, or elector representing a candidate, who is present, and requests it, and
(g) enclose in the ballot box or such other container as may be prescribed by the Chief Electoral Officer
(h) seal the container prescribed by the Chief Electoral Officer and deliver it to the returning officer or to the agent of the returning officer appointed by prescribed form and the agent, after completing the agent's duties, shall complete an affidavit in the prescribed form. R.S., c. 140, s. 132; 2001, c. 43, s. 61 .
133 (1) An employee, who is an elector, shall, while the poll is open on ordinary polling day, have three consecutive hours for the purpose of casting his vote.
(2) If the employment of an employee does not permit the use of three consecutive hours of his own time for voting, the employer shall allow the employee such additional time with pay from the hours of his employment as may be necessary to provide the three consecutive hours, but the additional times for voting shall be granted to the employee at the time of day that best suits the convenience of the employer.
(3) This Section does not apply to an employee who is engaged in the operation and dispatch of scheduled railway trains, buses, motor transports, ships, and aircraft, and to whom the three consecutive hours mentioned in subsection (1) cannot be allowed without interfering with the scheduled operation or dispatch of the trains, buses, motor transports, ships or aircraft.
(4) An employer who refuses, or by intimidation, undue influence, or in any other way, interferes with the use by an employee of the three consecutive hours for voting, or fails to pay the employee, as provided in this Section, is guilty of an offence. R.S., c. 140, s. 133 .
134 For the purpose of taking the advance poll of the electors, a returning officer shall
(a) group all the polling divisions in the electoral district into one advance polling district and establish an advance polling station for the district; or
(b) with the authority of the Chief Electoral Officer, divide and group the polling divisions of the electoral district into two or more advance polling districts and establish an advance polling station in each district. R.S., c. 140, s. 134 .
135 (1) A returning officer shall establish an advance polling station in a convenient place within an advance polling district.
(2) An advance polling station shall be located in premises which permit convenient access by an elector who is physically disabled. R.S., c. 140, s. 135 .
136 An advance polling station shall be open on the Friday and Saturday before ordinary polling day between the hours of ten o'clock in the forenoon and eight o'clock in the afternoon. R.S., c. 140, s. 136; 2001, c. 43, s. 62 .
(a) appoint a deputy returning officer by prescribed form and one or more poll clerks by prescribed form for an advance polling station; and
(b) supply the deputy returning officer with two copies of the official list of electors for the polling divisions within the advance polling district. R.S., c. 140, s. 137 .
138 (1) repealed 2001, c. 43, s. 63.
(2) The Chief Electoral Officer shall give notice of the holding of the advance poll during a general election
(a) by inserting, on the Thursday, Friday and Saturday before ordinary polling day, a consolidated notice of advance poll in prescribed form in every newspaper published daily in the Province;
(b) by inserting once during the seven days immediately preceding the Friday of the week immediately preceding ordinary polling day the consolidated notice in every newspaper published weekly in the Province; and
(c) by using any other means of communication as he considers advisable.
(3) Subsection (2) applies with respect to a by-election, with such modifications as the Chief Electoral Officer thinks appropriate. R.S., c. 140, s. 138; 2001, c. 43, s. 63 .
139 The provisions of this Act relating to a polling station, in so far as they are applicable, apply to an advance polling station. R.S., c. 140, s. 139 .
140 (1) Subject to Section 139, a person may vote at an advance polling station if
(a) that person's name is on the official list of electors of a polling division situate within the advance polling district or that person has received, pursuant to Section 122, a certificate to vote in a polling division within the advance polling district; and
(b) repealed 2006, c. 28, s. 7.
(c) repealed 2001, c. 43, s. 64.
(2) repealed 2001, c. 43, s. 64.
R.S., c. 140, s. 140; 2001, c. 43, s. 64; 2006, c. 28, s. 7 .
142 At the close of the advance polling station on each day, the deputy returning officer and poll clerks shall, and a candidate, his agent or any elector representing a candidate, who is present, may affix seals
(a) on the ballot box in such a manner that it cannot be opened, or anything deposited in or removed from it, without breaking the seals; and
(b) on Envelope B, in which the deputy returning officer has placed the unused ballot papers and stubs, and on which he has endorsed
(ii) the serial number embossed on the seal used for sealing the ballot box, if any,
and prior to the counting of the votes at the close of the poll on ordinary polling day, none of the seals shall be broken or removed, except at the opening of the advance polling station on Saturday when the seals, placed on the ballot box to prevent the insertion of the ballot papers in the box and those placed on Envelope B, may be broken or removed. R.S., c. 140, s. 142; 2001, c. 43, s. 66 .
143 (1) A ballot box used at an advance polling station shall not be opened until the counting of the votes takes place at the close of the poll on ordinary polling day.
(2) On the close of an advance poll, the deputy returning officer shall deliver the ballot box to the returning officer, and the ballot box shall remain in the custody of the returning officer until the counting of the votes takes place at the close of the poll on ordinary polling day.
(3) Subsection (2) does not apply if the returning officer directs the deputy returning officer to maintain custody of the ballot box. 2001, c. 43, s. 67 .
144 (1) At the close of an advance poll on Saturday, the deputy returning officer shall complete a list of the persons who voted at the advance polling station in prescribed form, and forthwith deliver to the returning officer
(b) repealed 2001, c. 43, s. 68.
(2) At the close of the poll on ordinary polling day, the deputy returning officer for each advance polling station shall, at the place where the advance poll was held or at the returning office for the electoral district and in full view of the poll clerks, candidates, agents and electors representing candidates, who are present, and if none is present, then in the presence of at least two electors
(c) perform all the other duties required by Sections 128 to 132 of a deputy returning officer in charge of a polling station. R.S., c. 140, s. 144; 2001, c. 43, s. 68; 2006, c. 28, s. 8 .
145 Before the opening of the polls on ordinary polling day, the returning officer shall transmit a list of persons who voted at the advance poll to each candidate. 2001, c. 43, s. 69 .
146 A person commits an offence who
(a) and (b) repealed 2001, c. 43, s. 70.
(c) after having voted at an advance polling station, votes or attempts to vote at a polling station on ordinary polling day. R.S., c. 140, s. 146; 2001, c. 43, s. 70 .
147 (1) A special poll shall be conducted every day except Sunday during that period of time commencing at twelve o'clock noon on the twelfth day before ordinary polling day and ending at eight o'clock on the afternoon of the sixth day before ordinary polling day during such hours of each day as are prescribed.
(2) repealed 2006, c. 28, s. 9.
(3) A special poll shall be established in the office of each returning officer.
(4) A special poll shall be established in premises that permit convenient access by a physically disabled person and, if the office of the returning officer is not in accessible premises, the special poll shall be established in accessible premises at another convenient location.
(5) The returning officer shall appoint a presiding officer to conduct the special poll, and may appoint a deputy presiding officer to assist the presiding officer.
(5A) The election clerk or revision assistant may be appointed and act as presiding officer or deputy presiding officer, and a presiding officer and deputy residing officer appointed pursuant to this Section may also act as presiding officer or deputy presiding officer to conduct the vote by write-in ballot.
(6) Before twelve o'clock noon on Thursday, the twelfth day before ordinary polling day, the returning officer for each electoral district shall cause ballot papers to be prepared in the form prescribed by the Chief Electoral Officer with the names of each of the candidates in that electoral district entered on each ballot paper in a uniform manner. R.S., c. 140, s. 147; 2001, c. 43, s. 71; 2006, c. 28, s. 9 .
148 (1) At twelve o'clock noon on Thursday, the twelfth day before ordinary polling day, in the place at which a special poll is to be conducted and in full view of such of the candidates or their agents or electors representing the candidates as are present, the presiding officer shall
(a) open the ballot box and ascertain that nothing is contained therein;
(b) seal the ballot box with a seal prescribed by the Chief Electoral Officer;
(c) note the number of the seal in the poll book to be used for the special poll.
(2) An elector whose name is not on the preliminary list of electors for the polling division may vote at the special poll if the elector produces a certificate to vote from a revision assistant pursuant to Section 122.
(3) and (4) repealed 2001, c. 43, s. 72.
(5) In the intervals between voting hours at the special poll and until the closing of the polls on ordinary polling day, the ballot box shall be kept securely in the returning office.
149 (1) Before the opening of the poll on the first day of the advance poll and before ordinary polling day, the returning officer shall strike off the list of electors to be used at the advance poll and at an ordinary poll the name of all the electors who have voted at the special poll or by write-in ballot.
(2) Before the opening of the poll on the first day of the advance poll, the returning officer shall transmit a list of the persons who voted at the special poll or by write-in ballot to each candidate. R.S., c. 140, s. 149; 2001, c. 43, s. 73 .
150A (1) The special poll shall be conducted in the same manner as the advance poll with respect to voting procedure and the keeping of records of the polling station.
(2) At the close of voting on each day of the special poll and in the presence of the deputy presiding officer, candidates and agents or electors representing candidates who are present, the presiding officer shall
(a) affix paper seals on the ballot box in such a manner that the ballot box cannot be opened or anything deposited in or removed from it without breaking the seal;
(b) make such records in the poll book as are prescribed;
(c) secure the unused ballot papers and the poll book in the prescribed manner; and
(d) give the ballot box and other voting materials to the returning officer who shall secure them until the opening of the special poll the next day.
(3) At the opening of the special poll on each voting day, the presiding officer, in the presence of the deputy presiding officer, candidates and agents or electors representing candidates who are present shall remove the seals from the special poll ballot box and open the secured materials in order that voting may be commenced. 2001, c. 43, s. 75 .
151 (1) Where there is no deputy presiding officer, the returning officer shall appoint an additional presiding officer who, with the presiding officer, shall count the votes cast at the special poll.
(2) At the time of the closing of the polls on ordinary polling day and at the place where the special poll was conducted or such other place as the returning officer may designate, the presiding officers, in the presence of such of the candidates, their agents or electors representing the candidates as are present or, if none of such persons is present, in the presence of at least two electors, shall
(b) count the votes cast for each candidate.
(c) to (e) repealed 2001, c. 43, s. 76.
(3) to (6) repealed 2001, c. 43, s. 76.
(7) The presiding officer shall keep a record of every objection made by a candidate, an agent of a candidate or an elector who was present during the counting of the ballot papers.
(8) Where fewer than fifteen persons have voted at a special poll, the returning officer shall take the ballot box used at the special poll to the place where ballots cast at an advance poll are to be counted and the deputy returning officer and poll clerk at the advance polling station shall proceed to open the ballot box and count the ballot papers from the special poll in the manner set out in this Section except that the ballot papers shall be mixed together with the ballot papers cast at the advance poll and a total of the votes cast for each candidate will be recorded. R.S., c. 140, s. 151; 2001, c. 43, s. 76 .
152 The Chief Electoral Officer shall prescribe the manner in which the time and place of a special poll shall be advertised during an election. R.S., c. 140, s. 152 .
153 The provisions of this Act relating to a polling station, in so far as they are applicable, apply to a special poll. R.S., c. 140, s. 153 .
(a) repealed 2001, c. 43, s. 77.
(b) votes at the same election after having voted at a special poll,
is guilty of an offence. R.S., c. 140, s. 154; 2001, c. 43, s. 77 .
155 Upon receipt of a ballot box, a returning officer shall
(a) if the seal or lock is not in good order, affix a further seal or lock without removing the existing one, and record its condition;
(b) take every precaution for the safe-keeping of the ballot box and for preventing any person from having unlawful access to it. R.S., c. 140, s. 155.
156 (1) Subject to Section 157, the official addition of the votes shall be held by the returning officer at his headquarters commencing at ten o'clock on Thursday, the second day after ordinary polling day.
(2) On the official addition of the votes, a returning officer shall, in the presence of the election clerk, candidates, agents and electors representing candidates, who are present, or if none is present then in the presence of at least two electors, ascertain the number of votes cast for each candidate in each polling station in the electoral district by obtaining the information
(a) if no candidate or his agent objects in writing, from the statement of the poll enclosed in Envelope E;
(b) if a candidate or his agent objects in writing to the use of the statement of the poll in Envelope E, or the envelope is missing, from the statement of the poll in the poll book; or
(c) if the statement of the poll in the poll book is not available, from the statement of the poll in the possession of the deputy returning officer, a candidate, or an agent or elector representing a candidate, but the correctness of the statement must be verified upon oath by the deputy returning officer or poll clerk. R.S., c. 140, s. 156; 2001, c. 43, s. 78 .
157 (1) Where the statement of the poll cannot be obtained for a polling station, the returning officer may ascertain the number of votes cast for each candidate
(a) from the endorsements, on Envelopes D in the ballot box which contains the ballots cast for the candidates;
(b) from the deputy returning officer, his poll clerk or any other person; or
(c) from such evidence as he is able to obtain.
(2) The returning officer, in the performance of his duties under subsection (1),
(a) may summon any person to appear before him at a day and hour to be named by him and to bring all necessary papers and other documents;
(b) shall give notice of the proceedings, and of the day and hour thereof, to the candidates or their official agents; and
(c) may examine on oath any person respecting the matter in question.
(3) A person refusing or neglecting to attend on the summons of a returning officer issued under this Section is guilty of an offence. R.S., c. 140, s. 157 .
158 If a ballot box is opened for the purpose of ascertaining the number of votes cast for the candidates, a returning officer, on returning the documents to the ballot box, shall seal or lock the ballot box with a seal or lock, and permit a candidate or his agent to affix his seal to it. R.S., c. 140, s. 158 .
159 (1) At the conclusion of the official addition of the votes which shall be completed not later than Thursday, the second day after ordinary polling day or, where the statement of poll cannot be obtained and the returning officer ascertains the number of votes cast for each candidate pursuant to Section 157, at the conclusion of the official addition of the votes not later than Tuesday, the seventh day after ordinary polling day, a returning officer shall
(a) complete the recapitulation sheet in prescribed form;
(b) transmit, by personal delivery to each candidate or his official agent, a copy of the recapitulation sheet;
(c) transmit to the Chief Electoral Officer by personal delivery or registered mail
(ii) if a statement of a poll was not obtained for a polling station, a statement of how he ascertained the number of votes cast for each candidate at that polling station; and
(d) repealed 2001, c. 43, s. 79.
(2) Where, on the official addition of the votes,
(a) there is an equality of votes between two or more candidates and an additional vote for one of such candidates would enable one of those candidates to be declared as having obtained the largest number of votes; or
(b) the number of votes separating the candidate receiving the highest number of votes and any other candidate is fewer than ten,
(c) apply for a recount to a judge to whom a petition may be made pursuant to Section 160; and
(d) give written notice to each candidate in the electoral district or his official agent of the application for a recount.
(3) The provisions of this Act relating to a recount by a judge, except provisions for security of costs, apply, with such modification as the circumstances require, to an application under subsection (2). R.S., c. 140, s. 159; 2001, c. 43, s. 79 .
160 (1) Within four days after the day on which the returning officer has completed and distributed the recapitulation sheet under Section 159, any candidate or his official agent may, for the purpose of challenging the election of a candidate, petition a judge of the Supreme Court for a recount of all the ballots cast in the electoral district by filing a petition in prescribed form with the a prothonotary of the Supreme Court, and depositing with him the sum of one hundred dollars in legal tender or a cheque made payable to the Minister of Finance for that amount drawn upon and accepted by a chartered bank doing business in Canada, as security for the costs of the recount.
(2) Whereupon the judge shall within two days after the filing of the petition by order appoint a place and a time for the recount. R.S., c. 140, s. 160; 2001, c. 43, s. 80; 2008, c. 13, s. 5 .
161 (1) A petitioner shall give at least five days written notice of the time and place appointed to recount the votes to
(a) the candidates or their official agents; and
(b) the returning officer and election clerk.
(2) The judge may direct that service of the notice of the time and place of the recount be substitutional, or be made by mail, or by posting, or in any other manner. R.S., c. 140, s. 161 .
162 Upon receipt of the notice of the time and place of the recount, the returning officer shall
(a) delay making his return to the Chief Electoral Officer under Section 168 until the returning officer receives a certificate from the judge of the result of the recount; and
(b) attend throughout the proceedings at the place and time appointed for the recount with the sealed or locked ballot boxes of the polling stations, and hold or dispose of them according to the directions of the judge. R.S., c. 140, s. 162.
163 (1) The following persons may be present at a recount:
(ba) the Chief Electoral Officer;
(c) the returning officer and his election clerk;
(d) the candidates and not more than three persons representing each candidate;
(e) when a candidate is not present or represented, then three persons who have demanded to attend on the candidate's behalf; and
(f) any person authorized by the judge.
(2) A recount shall, so far as practicable, proceed continuously as directed by the judge. R.S., c. 140, s. 163; 2001, c. 43, s. 81 .
164 The judge, at the time and place appointed for the recount and in the presence of those entitled to be present, shall
(a) inspect the poll book and open the sealed envelopes containing
(b) proceed to recount the ballots;
(c) verify or correct the statement of the poll for each polling station;
(d) if required, review the decision of the deputy returning officer made under Section 130;
(e) cause the ballots and other documents during any recess to be kept enclosed in their respective ballot boxes which shall be sealed or locked with seals or locks and take all precautions for their security. R.S., c. 140, s. 164 .
165 In making the recount, all the provisions of Sections 128 to 132 apply mutatis mutandis. R.S., c. 140, s. 165 .
166 At the conclusion of a recount and in the presence of those in attendance, the judge shall
(a) ensure that the ballots are sealed in their respective envelopes and the envelopes and other documents are sealed or locked in their respective ballot boxes;
(b) add the number of votes cast for each candidate as ascertained on the recount;
(c) certify on the recapitulation sheet in duplicate the result of the recount; and
167 At the conclusion of a recount, the judge may make such order as he sees fit respecting costs, including the disposition of money deposited as security for costs. R.S., c. 140, s. 167.
167A (1) Where no petition is made pursuant to Section 160, the Chief Electoral Officer may, upon the written request of a candidate or the official agent of a candidate, conduct a recount of all the ballots cast in the electoral district for the sole purpose of determining whether a candidate received the required percentage of the valid votes cast in an election to be entitled to a reimbursement pursuant to Section 182.
(2) The Chief Electoral Officer may designate a person to conduct a recount pursuant to subsection (1).
(3) The Chief Electoral Officer or the person designated pursuant to subsection (2), as the case may be, is not required to give notice to any person before conducting a recount pursuant to subsection (1).
(4) Only persons authorized by the Chief Electoral Officer or the person designated pursuant to subsection (2), as the case may be, may be present at a recount pursuant to subsection (1).
(5) The Chief Electoral Officer shall establish procedures to be followed during a recount pursuant to subsection (1).
(6) Following a recount pursuant to subsection (1), the Chief Electoral Officer shall advise the candidate or the official agent of a candidate who requested the recount, as the case may be, whether, as a result of the recount, the candidate is entitled to a reimbursement pursuant to Section 182, the amount of the reimbursement to which the candidate is entitled pursuant to that Section and whether the candidate is entitled to a return of the deposit pursuant to Section 72.
(7) A written request for a recount pursuant to subsection (1) must be received by the Chief Electoral Officer within thirty days of the election to which it relates.
(8) The decision of the Chief Electoral Officer or the person designated pursuant to subsection (2), as the case may be, respecting a recount pursuant to subsection (1) is final. 2008, c. 13, s. 6.
168 (1) Subject to subsection (2) and where a poll is held, a returning officer shall
(a) where there is no recount, then on the tenth day following ordinary polling day or, where the official addition has been conducted in accordance with Section 157, not later than the fourteenth day after ordinary polling day; or
(b) where there has been a recount, then upon receipt of the recapitulation sheet in duplicate from the judge pursuant to Section 166,
declare elected the candidate, or candidates if more than one are to be elected, having the largest number of votes, by completing the return in prescribed form on the writ.
(2) Where the recapitulation sheet received from the judge shows that an equality of votes exists between candidates on a recount, and the addition of a vote would entitle any of those candidates to be declared elected, the returning officer shall, at the close of the recount and in the presence of the election clerk, the candidates or their agents, who are present, or if none are present then in the presence of at least two electors and in the presence of the judge who conducted the recount, place the names of the candidates on equal size pieces of paper of the same colour and then
(a) fold the pieces of paper so that the names of the candidate placed thereon cannot be seen;
(b) place the pieces of paper, so folded, in a box;
(c) place a cover on the top of the box;
(e) remove the cover from the top of the box;
(f) draw one of the pieces of paper from the box and then unfold the piece of paper so that the name on it can be seen; and
(g) declare elected the candidate whose name appears on the piece of paper so drawn and endorse the return on the writ. R.S., c. 140, s. 168; 2001, c. 43, s. 82 .
169 Upon completing the return on a writ, the returning officer shall
(a) transmit to the Chief Electoral Officer by personal delivery or registered mail
(ii) the nomination paper of each candidate officially nominated,
(iii) where there has been a recount, the recapitulation sheet duly completed in duplicate by the judge or himself, and
(iv) such number of copies of the list of electors in electronic format and in hard copy as is requested by the Chief Electoral Officer;
(b) transmit to the Chief Electoral Officer by personal delivery or express
(ii) all unused election documents and supplies, and
(iii) the paper used for printing ballot papers that remains unused or has been spoiled, and the printer's affidavit referred to in subsection (4) of Section 86; and
(c) upon receipt from the prothonotary of the Supreme Court for the county in which the election was held of a certificate issued under Section 79 of the Controverted Elections Act, a returning officer shall
(ii) return the ballot boxes to the person from whom he obtained them, or as directed by the Chief Electoral Officer, and
(iii) destroy all other ballot papers, election documents and supplies which are not required to be transmitted to the Chief Electoral Officer under this Section. R.S., c. 140, s. 169; 2001, c. 43, s. 83.
170 If a returning officer does not comply with the provisions of Section 168 in making a return, the Chief Electoral Officer shall give back the return and any or all election documents connected therewith to the returning officer for completion or correction or retention pending the recount, and the return shall not be deemed to have been received by the Chief Electoral Officer until the provisions of that Section have been complied with. R.S., c. 140, s. 170 .
171 Subject to Section 170, the Chief Electoral Officer, on receiving the return of a member elected to the House of Assembly, shall
(a) give notice of the name of the member so elected in an issue of the Royal Gazette;
(b) inform the Minister of Finance of the number of votes received by each candidate according to the return;
(c) cause to be prepared and printed after a general election a report for submission to the House of Assembly containing the number of names on the official list of electors, the total number of ballots cast, the number of ballots cast for each candidate and the number of rejected ballots for, and the location of, each polling station for each electoral district and such other information as the Chief Electoral Officer may consider fit to include; and
(d) at the end of each year, cause a similar report to be printed for any by-elections held during the year. R.S., c. 140, s. 171 .
172 (1) The Chief Electoral Officer may, before or within ten days after the commencement of a session of the House of Assembly, make a report to the Speaker of the House on
(a) any matter that has occurred in connection with the administration of his office since the date of his last report and that the Chief Electoral Officer considers should be brought to the attention of the House; and
(b) any amendments that are, in the Chief Electoral Officer's opinion, desirable for the more convenient administration of this Act, including any recommendations made to the Chief Electoral Officer pursuant to clause (a) of subsection (1) of Section 8.
(2) The Speaker shall submit a report received from the Chief Electoral Officer to the House of Assembly. R.S., c. 140, s. 172; 2008, c. 13, s. 7 .
173 Where an election is not contested under the Controverted Elections Act, the Chief Electoral Officer shall retain the election documents transmitted to the Chief Electoral Officer under Section 169 for at least one year, but where an election is contested, the Chief Electoral Officer shall retain them until the time for appeal has expired or for one year whichever is longer. R.S., c. 140, s. 173 .
174 (1) Upon the recommendation of the Chief Electoral Officer, the Governor in Council may make a tariff of fees and expenses to be paid to any person for his services and expenses under this Act, and may revise and amend the tariff.
(2) Where it appears to the Governor in Council that the fees and expenses provided for by the tariff are not sufficient remuneration for services required to be performed or expenses to be incurred, or that a claim for any necessary services performed or expenses incurred is not covered by the tariff, the Governor in Council may authorize the payment of such compensation for the services or expenses as is considered just and reasonable.
(3) An account for services or expenses payable under this Section shall be
(a) accompanied by satisfactory vouchers showing disbursements made, if any;
(b) duly certified by the returning officer; and
(c) taxed by the Chief Electoral Officer in accordance with the tariff of fees and expenses or the special authorization of the Governor in Council.
(4) The fees, expenses, and compensations authorized under this Section, and expenses incurred by the Chief Electoral Officer under this Act, shall be paid out of the Consolidated Fund of the Province. R.S., c. 140, s. 174 .
175 (1) During an election no person other than the official agent of a candidate or of a recognized party or a representative of such an agent authorized in writing by the agent shall incur or authorize election expenses.
(2) No person shall accept or execute an order for election expenses that is not given by an official agent of a candidate or of a recognized party or by a representative of such an agent authorized in writing by the agent.
(3) No person shall claim or receive for election expenses a price different from his regular price for similar work, service or merchandise outside the election period or accept different remuneration or renounce remuneration.
(4) Notwithstanding subsection (3), a person may contribute without remuneration his personal services and the use of his vehicle if the person does so freely and not as part of his work in the service of an employer.
(5) Notwithstanding the other provisions of this Section, a candidate may himself pay his personal expenses during an election up to the amount of one thousand dollars, and, subject to subclauses (iii), (iv) and (v) of clause (i) of Section 3, the expenses so paid shall form part of his election expenses but shall not include the expense of any publicity.
(6) A candidate who pays personal expenses pursuant to subsection (5) shall give to his official agent a detailed statement of the payments. R.S., c. 140, s. 175 .
176 (1) Every advertisement relating to an election printed, broadcast, published or distributed, either electronically or in hard copy, or in any other manner determined by the Chief Electoral Officer, that promotes or opposes any candidate or recognized party shall bear the words "authorized by the official agent for [name of candidate or recognized party]" and shall indicate on whose behalf the advertisement was printed, broadcast, published or distributed.
(2) No person shall print, broadcast, publish or distribute an advertisement referred to in subsection (1) that does not comply with subsection (1). 2006, c. 28, s. 10.
177 (1) For the purpose of this Section and Section 177A, "political party" means a group of individuals comprising an organization that has as its primary purpose the fielding of candidates for election as members.
(2) A political party may apply in prescribed form to the Chief Electoral Officer to be registered.
(3) An application pursuant to subsection (1) shall be signed by the leader and shall set out
(a) the full name of the party;
(b) the party name or the abbreviation, if any, of the party name to be shown in any election documents or official materials;
(d) the name and address of the party leader;
(e) the address to which communications intended for the party may be addressed and where its books, records and accounts, including those pertaining to contributions to and expenditures by the party, are maintained;
(f) the names and addresses of the officers of the party;
(g) the name, address and telephone number of the party's official agent or agents;
(h) the name, address and telephone number of the party's auditor;
(i) the financial institution in which all contributions to the party are to be deposited, and the account number;
(j) a written statement that its primary purpose is to field candidates for election as members; and
(k) any other information of an administrative nature required by the Chief Electoral Officer.
(4) An application for registration pursuant to this Section shall be accompanied by a complete and accurate petition in prescribed form signed by no fewer than twenty-five electors in each of ten different electoral districts, requesting recognition of the party. 2001, c. 43, s. 84 .
177A (1) On receipt of the application pursuant to Section 177, the Chief Electoral Officer shall
(a) examine the application and determine whether the political party is eligible to be registered;
(b) where the political party's application does not fully comply with Section 177, inform the leader of the political party of that fact, in writing, setting out where the application does not comply; or
(c) where the political party's application complies with Section 177, register the political party and inform the leader that the party is recognized.
(2) The Chief Electoral Officer shall not register a political party if
(a) the Chief Electoral Officer is of the opinion that the name, abbreviation or logo so closely resembles the name, abbreviation or logo of another recognized political party that it is likely to be confused with the other recognized political party; or
(b) the name, abbreviation or logo of the political party includes the word "independent" or an abbreviation of that word. 2001, c. 43, s. 84 .
177B (1) A recognized party shall advise the Chief Electoral Officer in writing of any alteration in the information filed pursuant to subsection (3) of Section 177 within thirty days of the alteration.
(2) A recognized party shall file an annual statement in prescribed form by March 31st in each year that confirms the information required by subsection (3) of Section 177.
(3) Not later than ten days after a writ of election is issued, every recognized political party shall file with the Chief Electoral Officer a statement in writing, signed by the leader, confirming or bringing up to date the information on record with the Chief Electoral Officer.
(4) Every party that is recognized pursuant to this Act at the time of the coming into force of this subsection is subject to this Act. 2001, c. 43, s. 84 .
177C (1) Every electoral district association of a recognized party shall register in prescribed form with the Chief Electoral Officer, which shall set out
(a) the name of the electoral district association;
(b) the name, address and telephone number of its official agent; and
(c) the name of the financial institution in which all contributions to the electoral district association are to be deposited, and the account number.
(2) The information filed pursuant to subsection (1) shall be confirmed annually, in prescribed form, by March 31st of each year.
(3) Every electoral district association registered in accordance with the Members and Public Employees Disclosure Act is subject to this Act. 2001, c. 43, s. 84 .
177D (1) The Chief Electoral Officer shall deregister and cease to recognize a recognized party if
(a) the leader of the recognized party sends the Chief Electoral Officer a written notice stating that the party does not wish to remain registered;
(b) at the close of nominations at a general election, the party endorses fewer than ten candidates; or
(c) the recognized party fails to comply with Section 177B or Section 184 of this Act or Section 14 of the Members and Public Employees Disclosure Act.
(2) At least thirty days before deregistering a recognized party pursuant to clause (c) of subsection (1), the Chief Electoral Officer shall deliver a written notice to the recognized party and shall give the recognized party an opportunity to be heard.
(3) The Chief Electoral Officer may decide not to deregister the recognized party if the Chief Electoral Officer is satisfied that the recognized party has rectified the contravention, or will rectify it within thirty days of the hearing, and the recognized party does rectify the contravention.
(4) Where the recognized political party is deregistered, the Chief Electoral Officer shall place a notice to that effect in the Royal Gazette and the official agent of the party shall not issue tax receipts for donations received after the date of the entry in the Royal Gazette. 2001, c. 43, s. 84; 2005, c. 17, s. 11 .
177E (1) The Chief Electoral Officer shall deregister an electoral district association for failure to comply with Section 177C of this Act or Section 14 of the Members and Public Employees Disclosure Act.
(2) At least thirty days before deregistering an electoral district association pursuant to subsection (1), the Chief Electoral Officer shall send a written notice to the official agent of record of the electoral district association, and to the leader of the recognized party that endorsed the electoral district association, and shall give both an opportunity to be heard.
(3) The Chief Electoral officer may decide not to deregister the electoral district association if the Chief Electoral Officer is satisfied that the electoral district association has rectified the contravention, or will rectify it within thirty days of the hearing, and the electoral district association does rectify the contravention. 2001, c. 43, s. 84 .
(b) entitled to be registered as an elector at a general election; and
(c) not a member of the House of Assembly, a candidate or an auditor acting for a recognized party, electoral district association or candidate,
may act as official agent for any one or more recognized parties, electoral district associations and candidates.
(2) The leader of a recognized party may appoint up to three official agents and may, at any time, in writing delivered to the Chief Electoral Officer, revoke any appointment of an official agent.
(3) Where there is more than one official agent, all are jointly and severally liable for any violation of Section 181. 2001, c. 43, s. 84 .
178 (1) Every candidate shall have an official agent whose name and address shall be contained in or accompany the nomination paper of the candidate.
(2) If the official agent named in or with a nomination paper dies, resigns or becomes unable to act the candidate shall appoint another forthwith by a writing delivered to the returning officer.
(3) A candidate by writing delivered to the returning officer may dismiss his official agent and appoint another.
(4) The returning officer shall immediately notify the Chief Electoral Officer of every appointment and replacement of an official agent. R.S., c. 140, s. 178 .
180 (1) Any payment of twenty-five dollars or more for election expenses shall be evidenced by a receipt which shall provide all the particulars required for auditing each item of work or material and the rate or unit price used for computing the amount.
(2) Every person to whom an amount is due for election expenses shall present his claim not later than thirty days after polling day to the official agent or, if the agent has died or resigned or is incapable and has not been replaced, to the leader of the party or to the candidate.
(3) The right of a person to recover election expenses is barred unless he presents his claim within the time prescribed by subsection (2) or in the event of his death the claim is presented by his personal representative within thirty days of the grant of probate or letters of administration. R.S., c. 140, s. 180 .
181 (1) The election expenses of a party during a general election shall not exceed in the aggregate forty cents multiplied by the number of electors in the electoral districts in which the party has one or more official candidates.
(2) The official agent of a party shall not incur election expenses during a by-election to an amount greater than one thousand dollars.
(3) The election expenses of a candidate shall not exceed during any election the aggregate of
(a) one dollar per elector in respect of not more than five thousand electors;
(b) eighty-five cents per elector in respect of the number of electors in the electoral district in excess of five thousand and not in excess of ten thousand; and
(c) seventy-five cents per elector in respect of the number of electors in the district in excess of ten thousand.
(4) Where more than one candidate is to be elected in an election in an electoral district at a general election or a by-election the election expenses of all candidates for the same party shall not exceed the amounts prescribed by subsection (3) which amounts may be divided equally among those candidates.
(5) The maximum expenses set out in this Section shall be increased or decreased in accordance with the consumer price index of the Province published by Statistics Canada using the annual 1969 index as the base and the latest available index, as determined by the Chief Electoral Officer, as the current index.
(6) During an election the Chief Electoral Officer shall calculate the maximum expenses pursuant to subsection (4) and shall provide this calculation to each official agent of a candidate or of a recognized party. R.S., c. 140, s. 181 .
182 (1) The Chief Electoral Officer shall reimburse each candidate who has been declared elected or who has received not less than ten per cent of the valid votes cast in an election by making payment to the official agent of the candidate in respect of the candidate's election expenses to an amount not exceeding twenty-five cents for each elector whose name was on, or who registered to vote and was added to, the list on ordinary polling day.
(2) In an electoral district in which there is more than one official candidate of a recognized party the total reimbursement of all the official candidates for that party shall not exceed twenty-five cents for each elector whose name was on, or who registered to vote on ordinary polling day and the reimbursement shall be divided equally among those candidates.
(3) After the official agent of the candidate has reported the election expenses of the candidate as required by this Act, the Chief Electoral Officer shall
(a) approve, as soon as possible, payment of seventy-five per cent of the reimbursement to which a candidate is entitled when the Chief Electoral Officer is satisfied that election expenses in at least that amount have been incurred; and
(b) approve the remaining amount of reimbursement to which a candidate is entitled when the Chief Electoral Officer has determined that the report is accurate and that the expenses claimed are election expenses as defined in Section 3.
(4) The reimbursement provided for in this Section shall be increased or decreased in accordance with the consumer price index of the Province published by Statistics Canada using the annual 1969 index as the base and the latest available index, as determined by the Chief Electoral Officer, as the current index.
(5) During an election the Chief Electoral Officer shall calculate the reimbursement pursuant to this Section and shall provide this calculation to each official agent of a candidate. R.S., c. 140, s. 182; 2005, c. 17, s. 12; 2008, c. 13, s. 8 .
183 (1) The official agent of each candidate within sixty days after the day fixed for the return of the writ of election shall deliver to the Chief Electoral Officer a report of election expenses in prescribed form together with invoices, receipts and other vouchers or certified copies of them and a list of those documents and an affidavit of the agent verifying the report and stating that no payment not permitted by the Act was made with his knowledge and consent and that to the best of his knowledge and belief every expense incurred is entered in the report.
(2) Within ten days after receiving each report of election expenses, the Chief Electoral Officer shall publish a summary in prescribed form and in such manner as the Chief Electoral Officer determines, including electronically through a website of the Chief Electoral Officer.
(3) The Chief Electoral Officer shall preserve the report, invoices, receipts and vouchers or copies of them for a period of one month after they have been delivered to the Chief Electoral Officer and during that period shall permit any elector, during ordinary office hours, to inspect and make copies or extracts therefrom upon payment of a fee of one dollar.
184 (1) Each official agent of a party within one hundred and twenty days after the day fixed for the return of writs of election shall deliver to the Chief Electoral Officer a report of election expenses in a form prescribed by the Chief Electoral Officer accompanied by the invoices, receipts and other vouchers and an affidavit to the same effect as the affidavit required by subsection (1) of Section 183.
(2) Within ten days after receiving each report of election expenses, the Chief Electoral Officer shall publish a summary in prescribed form and in such manner as the Chief Electoral Officer determines, including electronically through a website of the Chief Electoral Officer.
(3) The Chief Electoral Officer shall preserve the report, invoices, receipts and vouchers for a period of six months and during that period shall permit any elector, during ordinary office hours to inspect and make copies or extracts therefrom upon payment of the actual cost of providing copies of the requested report, invoices, receipts or vouchers .
185 (1) If the report and affidavit prescribed by Section 183 or 184 are not delivered within the period prescribed the candidate or party leader, as the case may be, shall be disqualified from sitting or voting in the House of Assembly until the report and affidavit are delivered unless a judge by order excuses the delay.
(2) A person who sits or votes in the House of Assembly contrary to subsection (1) is liable to a fine of five hundred dollars for each day on which he so sits or votes. R.S., c. 140, s. 185 .
186 (1) If a report or an affidavit contains an error, the official agent, candidate or party leader may request
(b) the Chief Electoral Officer,
to direct the necessary correction and, where he is satisfied that the correction should be made, he shall cause the report to be amended.
(2) Where, in the opinion of the judge, a substantial change is made by reason of a correction pursuant to subsection (1), the judge may order the publication of a summary of the amended election expense report.
(a) pursuant to subsection (2), the judge orders publication; or
(b) in the opinion of the Chief Electoral Officer, a substantial change is made by reason of a correction pursuant to subsection (1),
the Chief Electoral Officer shall publish a summary of the amended election expense report in such manner as the Chief Electoral Officer determines, including electronically through a website of the Chief Electoral Officer.
(3) If a candidate or party leader establishes before a judge that the absence, death, illness or misconduct of an official agent or other reasonable cause prevents the preparation of a report prescribed by Section 183 or 184, the judge may make any order that the judge considers necessary to enable the applicant to obtain all the information and documents to make the report and affidavit and grant such further delay as the circumstances appear to the judge to require.
(4) Failure to comply with an order made under this Section is punishable in the same manner as failure to appear or to testify before the court. R.S., c. 140, s. 186; 2008, c. 13, s. 11 .
187 (1) In the report prescribed by Section 183 or 184, an official agent shall report separately election expenses which are
(b) unpaid and uncontested; and
(2) An official agent, party leader or candidate shall not pay a claim that is so contested except in compliance with a judgment of a court in favour of the creditor after hearing of the case and not upon a confession of judgment or an agreement of settlement.
(3) Notwithstanding subsection (2), a judge may authorize the payment of a contested claim or of a claim not presented within the prescribed time if it is established before him that the contestation or delay in filing results from a bona fide error or oversight and that the payment will not increase the expenses to an amount exceeding the limit fixed by Section 181. R.S., c. 140, s. 187 .
188 (1) The judge having jurisdiction on an application under Section 185, 186 or 187 is in the case of a candidate other than a party leader, a judge of a county court and in the case of a party leader a judge of the Supreme Court.
(2) No such application shall be heard without notice of at least three clear days to the Chief Electoral Officer and to each of the other candidates for election in the electoral district or in the case of a party leader to each of the other recognized party leaders. R.S., c. 140, s. 188 .
189 (1) Every official agent who wilfully
(a) incurs election expenses exceeding the maximum fixed by Section 181;
(b) delivers or files a false report or affidavit;
(c) produces a falsified invoice, receipt or other voucher; or
(d) after the delivery of his report, pays a claim otherwise than as permitted by Section 187,
is guilty of a corrupt practice.
(2) A candidate or party leader whose official agent has been guilty of any of the acts mentioned in subsection (1) is also guilty of a corrupt practice unless it is established that the act is of no great gravity and could not have affected the result of the election, or that the candidate or party leader had taken in good faith all possible and reasonable precautions to carry out the election honestly according to the requirements of this Act or that the act of the official agent was committed without the knowledge of the candidate or party leader.
(3) A candidate or party leader who wilfully incurs, pays or authorizes any election expense otherwise than as permitted by this Act is guilty of a corrupt practice. R.S., c. 140, s. 189 .
190 (1) The Chief Electoral Officer shall prescribe forms
(a) for recording information with respect to amounts of money provided to a candidate or recognized party by way of contribution;
(b) for use as an official receipt to be issued by official agents for the purpose of the Income Tax Act,
and every candidate and official agent shall use such forms, and no others, for the purposes for which they are prescribed.
(2) A form prescribed to be a receipt for the purpose of the Income Tax Act shall provide for the inclusion therein by the official agent of such information as is required by the Income Tax Act.
(3) The Chief Electoral Officer shall cause to be printed a sufficient supply of forms prescribed by him pursuant to subsection (1) and the forms shall be provided by the Chief Electoral Officer to official agents of recognized parties and by returning officers to official agents of candidates for use by the official agents and all the forms that are not used shall be returned to either the Chief Electoral Officer or the returning officer not later than one month after ordinary polling day. R.S., c. 140, s. 190 .
191 (1) Every candidate shall, at the time of appointment of his official agent, appoint an auditor.
(2) Every recognized party shall, at the time of appointment of its official agent, appoint an auditor.
(3) An auditor shall be a public accountant licensed under the Public Accountants Act or a chartered accountant.
(4) Where an auditor appointed by a candidate or a recognized party ceases for any reason to hold office as such, ceases to be qualified as provided in subsection (3) or becomes ineligible as provided in subsection (5), the candidate or recognized party shall forthwith appoint another auditor.
(5) No returning officer, deputy returning officer or election clerk and no candidate, official agent of a candidate or official agent of a recognized party is eligible to act as the auditor for a candidate or a recognized party.
(6) A partner or employee in a firm of public accountants may act as an auditor nowithstanding [notwithstanding] that another person in the firm is a candidate, an official agent of a candidate, an official agent of a recognized party or an auditor for another candidate or recognized party.
(7) The auditor appointed by a candidate or a recognized party shall make a report to the official agent of the candidate or the recognized party on the election expense report form prescribed
(a) respecting election expenses incurred by or on behalf of the candidate or the recognized party; and
(b) respecting the total contributions for which the official agent has issued a receipt for income tax purposes,
and the auditor shall make such examinations as will enable the auditor to state in his report whether in his opinion the return presents fairly the financial transactions required to be detailed in the report.
(8) An auditor, in his report pursuant to subsection (7), shall make such statements as the auditor considers necessary in any case where
(a) the return to which the report relates does not present fairly the financial transactions required to be detailed in the report;
(b) the auditor has not received all the information and explanation that the auditor has required; or
(c) proper accounting records have not been kept by the official agent so far as appears from his examination.
(9) An auditor appointed by a candidate shall have access at all reasonable times to all records, documents, books, accounts and vouchers of the official agent of the candidate and of the candidate relating to the election, and is entitled to require from the official agent of the candidate and the candidate such information and explanation as in his opinion may be necessary to enable the auditor to report as required by this Section.
(10) An auditor appointed by a recognized party shall have access at all reasonable times to all records, documents, books, accounts and vouchers of the party, and is entitled to require from the official agent and officers of the party such information and explanation as in his opinion may be necessary to enable the auditor to report as required by this Section. R.S., c. 140, s. 191; 2006, c. 28, s. 11 .
192 (1) Where the aggregate of all contributions received by an official agent of a candidate for which the official agent has issued a receipt for income tax purposes is in excess of the amount required by the candidate to pay the aggregate of
(c) auditor's fees in excess of the amount for which reimbursement is provided; and
(d) costs with respect to a recount,
incurred by the candidate in relation to the election, the amount of such excess shall be paid by the official agent
(e) where the political affiliation of the candidate is shown on the ballot paper as a recognized party, to any local organization or association of members of the party in the electoral district of the candidate or, where there is no local organization or association, to the official agent of the recognized party; or
(f) in any other case, to the Minister of Finance,
within one month after the candidate receives his reimbursement of election expenses pursuant to this Act, or where the candidate is not entitled to reimbursement, within two months after the filing by the official agent of the election expense report.
(2) Where an official agent of the candidate pays an excess amount pursuant to this Section, he shall forthwith transmit to the Chief Electoral Officer notification of such payment in the form prescribed.
(3) Where, after payment to the Minister of Finance of an excess amount pursuant to this Section, an official agent is required to make a further payment, the official agent may make application to the Chief Electoral Officer for the repayment to the official agent of an amount not exceeding the lesser of
(a) the excess amount paid by the official agent to the Minister of Finance; or
(b) the amount of such further payment,
and upon receipt of a certificate from the Chief Electoral Officer to the effect that such further payment has been or may properly be made by the official agent, the Minister of Finance shall pay out of the Consolidated Fund of the Province to the official agent to whom a certificate relates the amount certified by the Chief Electoral Officer.
(4) An official agent who fails to make a payment as required by this Section, or who knowingly makes a payment that is less than the amount that the official agent is required by this Section to pay, is guilty of an offence. R.S., c. 140, s. 192 .
193 Where an official agent refuses, fails or is unable to comply with the provisions of this Act, the Chief Electoral Officer may apply to a judge of the county court for an order directing the official agent to attend before the judge to show cause why the official agent has not complied with the Act and, upon the hearing of the matter, the judge may order the official agent to be examined with respect to any report or particulars which have not been provided in accordance with this Act and may order the official agent to make such return and declaration or supply such statement of particulars as the judge thinks appropriate within the time, to the person and in the manner as the judge may direct. R.S., c. 140, s. 193.
194 (1) No person shall be appointed as a returning officer, election clerk, enumerator, supervising deputy returning officer, deputy returning officer, or revision assistant unless the person is qualified as an elector in the Province.
(2) For the purposes of subsection (1), clause (b) of Section 29 does not disqualify a person as an elector in the Province. R.S., c. 140, s. 194; 2001, c. 43, s. 86 .
195 (1) When an election officer is by this Act authorized or required to give a public notice and no special mode of notification is provided, the notice may be by advertisement, placard, handbill or by such other means of communication as he considers will best effect the intended purpose.
(2) Notwithstanding the provisions of any statute, regulation, municipal ordinance or by-law, notices and other documents required by this Act to be posted may be affixed to a wooden fence, post, pole or tree on or adjoining a public highway. R.S., c. 140, s. 195 .
196 (1) An oath, affirmation, affidavit or statutory declaration, authorized or required to be made under this Act, may be taken before
(a) the person who by this Act is expressly required to administer it; or
(b) if no person is expressly required to administer it, then before the Chief Electoral Officer, a returning officer, election clerk, revision assistant, deputy returning officer, a judge, barrister, notary public, justice of the peace, or a commissioner for taking affidavits.
(2) The oath, affirmation, affidavit or declaration shall be administered gratuitously. R.S., c. 140, s. 196; 2001, c. 43, s. 87 .
197 Except in the case of ordinary polling day, the Chief Electoral Officer may advance or postpone a day on which this Act provides for the doing or carrying out of any act or thing to the first day immediately following or preceding such day that is not a holiday and in that event he shall immediatly [immediately] give notice in the next issue of the Royal Gazette. R.S., c. 140, s. 197 .
198 Every one is guilty of an offence who, not being authorized by this Act, wilfully
(a) has a ballot paper or ballot in his possession;
(b) alters, defaces, or destroys a ballot paper;
(c) supplies a ballot paper to any person;
(d) deposits a paper other than a ballot paper in a ballot box;
(e) takes a ballot paper out of a polling station;
(f) delivers to the deputy returning officer, to be placed in a ballot box, anything other than the ballot paper given him by the deputy returning officer;
(g) destroys, takes, opens or otherwise interferes with a ballot box or a ballot;
(h) prints anything capable of being used as a ballot paper;
(j) places any writing, number or mark on a ballot paper so that an elector may be thereby identified. R.S., c. 140, s. 198 .
199 Every one is guilty of an offence who
(a) gives, offers, procures or provides;
(b) accepts or receives or agrees to accept or receive; or
(c) applies to a candidate or his agent for,
money, valuable consideration, office, employment, food or drink to induce a person, to
(d) vote or refrain from voting,
(e) procure the vote of any person,
(f) procure the election or return of any person to serve as a member of the House of Assembly, or
(g) accept or refuse a nomination as a candidate, or withdraw if nominated. R.S., c. 140, s. 199 .
200 Section 199 does not extend to
(a) the personal expenses of a candidate; or
201 Every one is guilty of an offence who knowingly makes or publishes a false statement concerning the personal character or conduct of a candidate. R.S., c. 140, s. 201.
202 Subject to Section 123, every one is guilty of an offence who
(a) applies to be included in a list of electors in the name of some other person, whether that person is living, dead or fictitious;
(b) applies to be included in a list of electors for a polling division in which he is not ordinarily resident with intent to be improperly included in that list;
(c) applies for a ballot paper in the name of some other person, whether that person is living, dead or fictitious;
(d) having voted, applies at another polling station for a ballot paper;
(e) votes more than once at the same election; or
(f) votes or induces a person to vote knowing that he is for any reason not qualified. R.S., c. 140, s. 202; 2006, c. 28, s. 12 .
203 Every one is guilty of an offence who, by intimidation, duress or any pretence or contrivance
(a) compels, induces or prevails upon any person to vote or refrain from voting at an election; or
(b) represents to any person that the ballot paper to be used or the mode of voting at an election is not secret. R.S., c. 140, s. 203 .
204 Every candidate is guilty of an offence who, during an election
(a) agrees, at the request of any person, to follow a course of action that will prevent him from exercising freedom of action in the House of Assembly, or to resign therefrom if called upon by any person;
(b) makes a payment, advance, loan or deposit, except the personal expenses of the candidate, for the purposes of the election, other than through his official agent;
(c) makes or promises to make any subscription or donation for a religious, charitable, educational, athletic or philanthropic purpose, or to any club, society or association;
(d) makes or promises to make a bet or wager upon the result of the election or on any event or contingency relating to it; or
(e) pays or promises to pay the wages or earnings of an elector lost as a result of casting or agreeing to cast his vote. R.S., c. 140, s. 204 .
205 Every one who removes, mutilates, defaces or alters any notice or document required by this Act to be posted, is guilty of an offence. R.S., c. 140, s. 205 .
206 Every election officer is guilty of an offence who, knowingly,
(a) fails or refuses to comply with any of the provisions of this Act;
(b) while performing the duties of his office, acts as an agent or canvasser for any candidate;
(c) makes any alteration or insertion in or omission from the enumerators' index book, a list of electors, poll book, or other election document, with intent to falsify it; or
(d) acts as an election officer without lawful authority. R.S., c. 140, s. 206 .
207 Every one is guilty of an offence who, during the hours of polling on ordinary polling day
(a) supplies, carries or wears any flag, ribbon, emblem, badge or like favour with the intent to distinguish the user as the supporter of a candidate or political organization;
(b) supplies, carries or uses a loud speaker, public address system, flag or banner with the intent that it be used to support a candidate or political organization;
(c) posts or displays in or within two hundred feet of a polling station or the building in which a polling station is situate, any literature, emblem, ribbon, flag, banner, card, bill, poster or device that supports a candidate or political organization; or
(d) organizes or participates in a parade or demonstration that supports a candidate or political organization. R.S., c. 140, s. 207 .
208 Every one is guilty of an offence who acts, incites others to act or conspires to act in a disorderly manner with intent to prevent the transaction of the business of a public meeting called for the purposes of the election. R.S., c. 140, s. 208 .
209 (1) The provisions of the Summary Proceedings Act shall apply to every proceeding taken against a person charged with an offence under this Act.
(2) A prosecution for an offence against this Act shall be commenced within nine months next after the day on which the offence was committed and not thereafter. R.S., c. 140, s. 209 .
210 Every one who is guilty of an offence against this Act is liable to
(a) a fine not exceeding two thousand dollars;
(b) imprisonment for a term not exceeding two years; or
(c) to both fine and imprisonment,
and if the fine is not paid, to imprisonment for a term or further term not exceeding three months. R.S., c. 140, s. 210 .
211 Every one is guilty of an offence and liable to the same punishment as the person who commits it who
(a) attempts to commit or is an accessory after the fact to the commission of; or
(b) aids, abets, counsels or procures the commission of,
an offence punishable under this Act. R.S., c. 140, s. 211 .
212 (1) Subject to subsections (2) and (3), no person shall be excused from answering any question put to him in any proceeding under this Act concerning any election or the conduct of any person thereat or in relation thereto on the ground of privilege.
(2) The evidence of an elector to show for whom the elector voted at an election is not admissible in evidence in any proceeding under this Act.
(3) No answer given by any person claiming to be excused on the ground of privilege shall be used in any other proceedings under this Act but the person presiding at the proceeding shall give the witness a certificate that the witness claimed the right to be excused on such ground and made full and true answers to the satisfaction of that person. R.S., c. 140, s. 212 .
213 In any proceeding under this Act,
(a) it is not necessary to produce the writ of election or the return thereof, or the authority of the returning officer founded upon the writ, but general evidence of such facts is sufficient evidence; and
(b) the certificate of the returning officer is sufficient evidence of the holding of the election, or of any person named in the certificate having been a candidate thereat. R.S., c. 140, s. 213 .
214 Every one who commits a breach of any of the provisions of Sections 198 to 204 or Section 206 may be found guilty of a corrupt practice under the Controverted Elections Act. R.S., c. 140, s. 214 .
215 Every one who is reported under the Controverted Elections Act as having been found guilty of a corrupt practice, in addition to any other punishment provided herein, shall during the five years after the report, be incapable of being elected to or of sitting in the House of Assembly, or of holding any office at the nomination of the Governor in Council. R.S., c. 140, s. 215 .
216 (1) Subject to subsection (2), if it is found by the judge trying an election petition under the Controverted Elections Act that a corrupt practice has been committed by or with the actual knowledge and consent of a candidate at an election, his election, if the candidate has been elected, shall be held void.
(2) No election shall be held void under subsection (1) unless the act or omission which constituted the corrupt practice was done or omitted by
(c) an agent of the candidate with the actual knowledge or consent of the candidate. R.S., c. 140, s. 216 .
217 If the witnesses, or any of them, on whose testimony a person has become disqualified under Section 216, are convicted of perjury with respect to the testimony, a court shall, upon being satisfied that the disqualification was procured by reason of the perjury, order that the disqualification shall thereupon cease and determine, and it shall cease and determine accordingly. R.S., c. 140, s. 217 .
218 No election shall be declared invalid by reason of a non-compliance with the provisions of this Act as to the taking of the poll, or the counting of the votes, or by reason of any want of qualification in the persons signing a nomination paper received by the returning officer, under the provisions of this Act, or of any mistake in the use of the forms, if it appears to the tribunal having cognizance of the question that the election was conducted in accordance with the principles laid down in this Act, and that such non-compliance or mistake did not affect the result of the election. R.S., c. 140, s. 218 .
219 (1) After the passing of any amendment to this Act, the Chief Electoral Officer may
(a) consolidate the amendment in copies of the Act printed for distribution; and
(b) correct and reprint all forms and instructions affected thereby.
(2) No amendment to this Act applies in any election for which a writ is issued within six months from the passing thereof. R.S., c. 140, s. 219.
