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:
The 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
Report of Chief Electoral Officer 172
Custody of Election Documents by
Official Agents, Registration of
Political Parties and Expenses 175-193
(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
(ii) after the close of nominations on nomination day, means
(x) "polling division" means a territorial area fixed by the returning officer under Sections 24 to 26;
(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) repealed 1991, c. 4, s. 33.
(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;
(b) the Chief Electoral Officer; and
(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 but the Chairman shall retire from office upon attaining the age of sixty-five years unless the Governor in Council extends the appointment beyond that age.
(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) an official agent or campaign manager of a candidate or of a political party in a provincial or federal election.
(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 other than the Chief Electoral Officer 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.
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 fifteen 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.
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 be