CHAPTER 300
OF THE
REVISED STATUTES, 1989
Short title
1 This Act may be cited as the Municipal Elections Act. R.S., c. 300, s. 1.
2 (1) In this Act, unless the context otherwise requires,
(a) "advance polling day" means
(ii) one other day fixed by the Council by resolution that is either Thursday, the ninth day before ordinary polling day or Saturday, the seventh day before ordinary polling day;
(ii) after the close of nominations on nomination day means a person who has been nominated as a candidate;
(d) "corrupt practice" means an act or omission in connection with an election in respect of which an offence is provided under the Criminal Code (Canada), or which is declared to be a corrupt practice by this Act or any other Act or is recognized as such by law;
(e) "council" means the council of a municipality;
(f) "councillor" means a mayor, warden or council member;
(g) "court" means the Supreme Court of Nova Scotia;
(h) "deputy returning officer" means a person appointed under this Act to preside over a polling station;
(i) "during an election" or "at an election" includes the four weeks immediately preceding ordinary polling day;
(j) "election" means an election held pursuant to this Act;
(k) repealed 1994, c. 26, s. 2.
(l) "election officer" means the clerk, the returning officer, the registrar of voters and every deputy returning officer, poll clerk, enumerator and revising officer appointed pursuant to this Act;
(m) "elector" means a person qualified to vote at an election, whether or not his name is on a list of electors;
(n) "electoral district" means a district for the election of a member of a school board;
(o) "enumerator" means a person appointed under this Act to enumerate the electors;
(p) "judge", in the case of a recount, means a judge of the provincial court or of the Supreme Court of Nova Scotia and, in the case of the controverted elections provisions, means a judge of the Supreme Court of Nova Scotia;
(q) "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;
(r) "Minister" means the Minister of Service Nova Scotia and Municipal Relations;
(s) "municipality" means a regional municipality, town or county or district municipality;
(sa) "nomination day", in the case of a regular election, means the second Tuesday in September in a regular election year and, in the case of any other election, means the fourth Tuesday preceding ordinary polling day;
(t) "oath" includes affirmation and statutory declaration;
(u) "ordinarily resident" means ordinarily resident as defined by Section 16;
(v) "ordinary polling day" in the case of a regular election means the third Saturday in October in a regular election year and in the case of any other election means the Saturday fixed for the election;
(w) "poll clerk" means a person appointed under this Act to assist a deputy returning officer;
(x) "polling district" includes a ward or a town which is not divided into wards;
(y) "polling division" means one of the parts into which a polling district is divided for the purpose of better taking the vote;
(z) "prescribed" means prescribed pursuant to this Act;
(aa) "printing" includes words written, painted, engraved, lithographed, photographed or represented or reproduced by any mode of representing or reproducing words in a visible form;
(aaa) "Provincial Court" means the Provincial Court of Nova Scotia;
(ab) "regular election" means the election in which all councillors are to be elected;
(ac) "regular election year" means 2000 and every fourth year thereafter;
(ad) "respondent" means any person whose election or return is complained of by a proceeding under this Act;
(ae) "school board" means a school board as defined in the Education Act;
(af) "seal" means a seal made of some substantial material, having a serial number imprinted thereon, and furnished by the returning officer to seal a ballot box;
(ag) "special election" means an election held pursuant to Section 13 to fill a vacancy on the council;
(ah) "voter" means a person who has voted at an election under this Act.
(2) Subject to the Education Act, this Act shall mutatis mutandis apply to the election of any member of a school board as if such member were a councillor. R.S., c. 300, s. 2; 1990, c. 38, s. 1; 1991, c. 6, s. 41; 1994, c. 26, s. 1; 1995-96, c. 1, s. 150; 1998, c. 18, s. 568; 2003, c. 9, s. 2; 2007, c. 46, s. 1.
3 (1) The Governor in Council shall appoint a person as the Municipal Elections Officer.
(2) The Municipal Elections Officer may
(a) issue to returning officers such instructions as he may deem necessary to assist in the effective execution of this Act;
(b) perform such other duties as are prescribed by or under this Act. R.S., c. 300, s. 3; 2007, c. 46, s. 2.
4 (1) The council shall appoint a returning officer, who may be the clerk, another municipal employee or another person who is not a municipal employee, to conduct all regular and special elections required under this Act.
(1A) The Council may appoint an assistant returning officer who shall assist the returning officer in carrying out the returning officer's duties and who shall act in the place and in the stead of the returning officer when the returning officer is absent or at the request of the returning officer.
(1B) The council shall appoint the returning officer for a regular election on or before the fifteenth day of March of the regular election year.
(2) The returning officer and the assistant returning officer shall, before entering upon the duties of office, take the oath in prescribed form. R.S., c. 300, s. 4; 1994, c. 26, s. 2; 2003, c. 9, s. 3.
5 (1) Where an electoral district of a school board member contains the whole or part of more than one municipality, the municipalities within or partly within the electoral district shall designate one of their returning officers to be the returning officer for the school board election.
(2) Where the municipalities are unable to agree on the designation, the Minister shall designate one of their returning officers to be the returning officer for the school board election.
(3) A returning officer designated pursuant to this Section shall be responsible for accepting nominations, arranging for ballots to be printed, conducting the official addition of votes and determining the disposition of each candidate's deposit. R.S., c. 300, s. 5.
(a) exercise general direction and supervision over the administrative conduct of all elections;
(b) appoint such enumerators, revising officers, deputy returning officers, poll clerks and other election officers as may be necessary;
(c) appoint substitute election officers to act in the stead of election officers who cannot act by reason of death, sickness, conflict of interest, resignation or other cause;
(d) fix such polling places as may be required for the various polling districts;
(e) instruct the election officers in the effective execution of their duties;
(f) require election officers to conduct themselves with fairness and impartiality and in compliance with this Act; and
(g) do all other acts required for holding elections in conformity with the provisions of this Act. R.S., c. 300, s. 6; 1994, c. 26, s. 3.
7 (1) The returning officer may appoint and instruct substitute election officers in anticipation of requirements.
(2) A substitute election officer appointed pursuant to subsection (1) need not be resworn before entering upon his duties as directed by the returning officer when the need arises. R.S., c. 300, s. 7.
8 (1) The returning officer shall not appoint as an election officer any person who has in the ten years preceding ordinary polling day been convicted of a corrupt practice or of bribery.
(2) Except where otherwise provided by this Act, every election officer shall, before entering upon the duties of his office, take the oath in prescribed form. R.S., c. 300, s. 8.
9 (1) On or before the thirty-first day of March in a regular election year, the returning officer shall divide the polling districts in the municipality into such divisions for purposes of better taking the vote as he deems necessary, and shall forthwith report the divisions to the council.
(2) In dividing the polling districts into divisions the returning officer shall take into consideration
(a) geographical and other factors that may affect the convenient conduct of an election;
(b) the desirability of the territorial limits of the divisions conforming as nearly as possible with those established for the last federal, provincial or municipal election;
(c) the incorporation, where practical, of approximately seven hundred electors in a division; and
(d) the desirability of incorporating a hospital, a sanatorium, a home for the aged, a licensed nursing home or an institution for the care and treatment of chronic diseases into a division.
(3) Notwithstanding clause (c) of subsection (2), the returning officer may designate a multiple unit residential building of any size as a separate polling station.
(4) Notwithstanding subsection (2), the returning officer shall establish a separate polling division for each home for the aged approved and each nursing home licensed under the Homes for Special Care Act and in which ten or more electors reside.
(5) Where, by reason of an established practice or other special circumstances, it is more convenient to establish a polling division containing substantially more than seven hundred electors and to divide the list of electors for the polling division between two or more polling stations, the returning officer may establish a polling division which contains as nearly as possible some multiple of seven hundred electors.
(6) It shall not be necessary to divide a polling district into divisions if, in the opinion of the returning officer, it is not necessary or desirable to do so, and in such cases the polling district shall be one polling division.
(7) The divisions of a polling district for an election shall be those established by the returning officer pursuant to this Section or, if he has not prescribed new divisions or changes in the existing divisions, the divisions shall be those established for the last municipal election.
(8) A copy of the description of each polling district and polling division in the municipality shall be kept in the municipal office where it shall be open to public inspection during regular office hours.
(9) In an advertisement required by this Act it shall not be necessary to set out the metes and bounds of any polling district or polling division and a general description by which the area can be readily identified shall be sufficient. R.S., c. 300, s. 9.
10 The election of councillors shall be held on the third Saturday in October in the year 2000 and on the third Saturday in October in every fourth year thereafter. R.S., c. 300, s. 10; 1998, c. 18, s. 568.
11 An election shall take place in and for each polling district and electoral district. R.S., c. 300, s.11; 1994, c. 26, s. 4.
12 Except as herein otherwise provided, each councillor shall hold office from the time when he takes his oath of office until his successor is sworn into office or, if there is no successor, until the meeting at which the successor would have been sworn into office if there was a successor. R.S., c. 300, s. 12; 1994, c. 26, s. 5.
13 (1) Subject to subsection (8), within four weeks after a vacancy occurs on a council because
(a) an insufficient number of candidates are nominated to fill the vacancies at a regular or special election; or
(b) a councillor dies, resigns, becomes disqualified or forfeits office,
the council or, where there is no council, the Minister shall name a day for a special election to fill the vacancy and, if no regular meeting of the council is to be held within that time, the clerk shall call a special meeting for the purpose.
(1A) Subject to subsection (8), within four weeks after a vacancy occurs on a school board because
(a) an insufficient number of candidates are nominated to fill the vacancies at a regular or special election; or
(b) a member dies, resigns, becomes disqualified or forfeits office,
the school board, or where there is no school board, the Minister of Education, shall name a day for a special election to fill the vacancy and, if no regular meeting of the school board is to be held within that time, the superintendent shall call a special meeting for that purpose.
(1B) Notwithstanding subsection (1A), but subject to subsection (2), if the municipal returning officer is to be the returning officer for the special election of the school board member, the municipal returning officer shall provide the school board or the Minister of Education with the dates that the returning officer is able to act as returning officer for the special election and the school board or the Minister shall select the day for the special election from the dates that the returning officer provides.
(2) The day fixed for the special election shall be a Saturday not more than eleven weeks after the meeting of the council at which the day was named.
(3) Nomination day for a special election shall be the fourth Tuesday preceding ordinary polling day.
(4) If the vacancy referred to in subsection (1) is in the office of mayor, the nomination day for the office of mayor shall be the fifth Thursday preceding ordinary polling day.
(5) If a vacancy is created in the council by virtue of a councillor being nominated for mayor pursuant to subsection (4), the nomination day for the vacancy shall be as provided in subsection (3).
(6) A special election shall be conducted as nearly as may be in accordance with the provisions governing regular elections.
(7) A councillor elected at a special election shall hold office from the time when he takes his oath of office until his successor is sworn into office or, if there is no successor, until the meeting at which the successor would have been sworn into office if there was a successor.
(8) No special election shall be held for a vacancy on a council within the six months preceding ordinary polling day for a regular election unless otherwise determined by the Minister or the council.
(9) No special election shall be held for a vacancy on a school board within the six months preceding ordinary polling day for a regular school board election unless otherwise determined by the Minister of Education or the school board. R.S., c. 300, s. 13; 1994, c. 26, s. 6; 2003, c. 9, s. 5; 2007, c. 46, s. 3.
14 Subject to the other provisions of this Act, every person who
(a) is of the full age of eighteen years on ordinary polling day;
(b) is a Canadian citizen on ordinary polling day; and
(c) has been ordinarily resident in the municipality or in an area annexed to the municipality for a period of three months immediately preceding ordinary polling day and continues to so reside,
is entitled to be registered on the list of electors and to vote. R.S., c. 300, s. 14; 1994, c. 26, s. 7.
15 The following persons shall not be entitled to be registered on the list of electors or to vote:
(b) repealed 1994, c. 26, s. 8.
(c) a person serving a sentence in a penal or reform institution;
(d) repealed 1994, c. 26, s. 8.
(e) a person who has been convicted of bribery under this Act in the six years preceding ordinary polling day. R.S., c. 300, s. 15; 1994, c. 26, s. 8.
16 (1) Subject to this Section, the place where a person is ordinarily resident is
(a) if the person is a married person,
(ii) if he is living apart from his family with the intent to remain so apart from it, then at the place where he usually lives and sleeps and to which, when away, he intends to return, without regard to where he takes his meals or is employed; and
(2) Where a person is an unmarried student having a family home in the Province, he is ordinarily resident where that home is.
(3) Where a person is ordinarily resident in a dwelling that is generally occupied only during some or all of the months of May to October, inclusive, and the person has no other dwelling to which, at will, the person could move, the person is ordinarily resident at the place where the dwelling is located. R.S., c. 300, s. 16; 2003, c. 9, s. 6.
17 (1) Except as otherwise provided in this Act, every person shall be qualified to be elected as councillor who
(a) is a Canadian citizen of the full age of eighteen years at the time of nomination;
(b) has been ordinarily resident in the municipality or in an area annexed to the municipality for a period of six months preceding nomination day, and continues to so reside;
(c) has obtained a certificate in the prescribed form from the clerk, treasurer, collector or other official having knowledge of the facts that, as of nomination day, the charges that are liens on the person's property and the taxes due to the municipality by the person have been fully paid; and
(d) is not disqualified under this Act.
(2) A councillor who is otherwise qualified shall be eligible for re-election. R.S., c. 300, s. 17; 1998, c. 18, s. 568; 2003, c. 9, s. 7; 2003 (2nd Sess.), c. 5, s. 1.
17A (1) A person who accepts or holds office or employment in the service of a municipality or any utility, board, commission, committee or official of the municipality is, for the purpose of Sections 17B and 17C, an employee of the municipality.
(2) A reference to the chief administrative officer of a municipality is, for the purpose of Sections 17B and 17C, a reference to the clerk of the municipality if there is no chief administrative officer of the municipality. 2000, c. 9, s. 20.
17B Notwithstanding Section 18 of the Municipal Government Act, an employee of a municipality, other than the chief administrative officer, may be nominated and serve as a councillor if the person is on a leave of absence pursuant to Section 17C. 2000, c. 9, s. 20; 2003, c. 9, s. 8.
17C (1) A person who is an employee of a municipality, other than the chief administrative officer, and who intends to become a candidate shall take a leave of absence beginning not later than the day the person becomes a candidate.
(a) is required by subsection (1) to take a leave of absence; or
(b) intends to become a candidate and wishes a leave of absence beginning sooner than required by the required leave of absence,
shall apply for a leave of absence to the chief administrative officer of the municipality and the leave of absence shall be granted.
(3) Where the person withdraws as a candidate and, before the election, notifies the chief administrative officer of the municipality of the person's intention to return to work, the person may return to the position the person held immediately before the leave of absence commenced two weeks after the notice is given, or at such other time as is agreed to by the person and the chief administrative officer.
(4) A leave of absence granted to a person pursuant to subsection (2) terminates on the day the successful candidate in the election is declared elected unless, on or before the day immediately before ordinary polling day, the person notifies the chief administrative officer of the municipality that the person wishes the leave of absence to be extended for such number of days, not exceeding ninety, as the person states in the notice and in such case the leave of absence terminates as stated in the notice.
(5) A person on a leave of absence granted pursuant to subsection (2) to be a candidate in an election and who is an unsuccessful candidate in the election may return to the position in the employment of the municipality that the person held immediately before the leave of absence commenced.
(6) The leave of absence of a person who is a successful candidate is extended from ordinary polling day of the election at which the person was elected until two weeks after the latest of
(a) the resignation of the person from council, if the resignation occurs before the next election;
(b) the date nominations close for the next election, where the person is not officially nominated as a candidate in the next election; or
(c) declaration day for the next election, if the person is not declared elected in the next election.
(7) Where the person is elected for the second time, the leave of absence granted to that person pursuant to subsection (2) terminates on the day the person is declared elected for the second time and the person ceases to be an employee of the municipality or to hold office for all purposes, including entitlement to all employee or office-related benefits.
(8) Notwithstanding Section 18 of the Municipal Government Act, a person who is not re-elected at the second election held during the leave of absence granted to that person pursuant to subsection (2) may, when the leave of absence expires pursuant to subsection (6), return to the position in the employment of the municipality that the person held immediately before the leave of absence commenced or, where that position has been filled or eliminated, to an equivalent position.
(9) Where a leave of absence is granted pursuant to subsection (2), the person to whom the leave of absence is granted shall not be paid but the person, upon application to the chief administrative officer of the municipality at any time before the leave of absence commences, is entitled to pension credit for service as if the person were not on a leave of absence and to medical and health benefits, long-term disability coverage and life insurance coverage, or any one or more of them, if the person pays both that person's and the municipality's, utility's, board's, commission's, committee's or official's share of the cost. 2000, c. 9, s. 20.
18 (1) No person is qualified to be nominated or to serve as councillor who
(a) is a member of the House of Commons or Senate of Canada;
(b) is a member of the Legislative Assembly;
(c) is a member of the council of another municipality;
(ca) is a judge of the Nova Scotia Court of Appeal, the Supreme Court of Nova Scotia or the Provincial Court;
(d) accepts or holds office or employment in the service of the municipality, or any utility, board, commission, committee or official thereof, to which any salary, fee, wages, allowance, emolument, profit or other remuneration of any kind is attached, for so long as he holds or is engaged in the office or employment unless the person is on a leave of absence granted pursuant to subsection 17C(2), but this disqualification does not apply in respect of an office or employment
(iii) with a joint body of two or more municipalities to which the municipality appoints at least one representative and to which the municipality provides funding; or
(f) has been convicted of any corrupt practice or bribery contrary to this Act within five years preceding nomination day.
(1A) repealed 2003, c. 9, s. 9.
(1B) Where a person who is a councillor is convicted of an indictable offence that is punishable by imprisonment for a maximum of more than five years, the person ceases to be a councillor.
(2) During a special election, no person is qualified to be nominated as councillor who is a member of a school board.
(3) repealed 1991, c. 6, s. 41.
(4) Notwithstanding subsection (1), a councillor who is elected to the Legislative Assembly or the House of Commons or who is appointed to the Senate of Canada or as a judge of the Supreme Court or a judge of the provincial court shall resign his office as councillor within thirty days of such election or appointment.
(5) A councillor who ceases to be ordinarily resident in the municipality shall cease to be qualified to serve as a councillor.
(5A) Notwithstanding subsection (5), where a councillor has the approval of council, a councillor may be ordinarily resident outside the municipality but within the Province for one period of not more than six months in a term.
(6) A councillor who, without leave of the council, is absent from three consecutive regular meetings of the council shall thereby vacate his office, and the office shall be declared vacant by the council, whether or not the councillor has vacated his office.
(7) A councillor who is nominated to fill a vacancy in the office of mayor where a special election is required shall thereby vacate his office as councillor.
(8) Any person who acts or sits as a councillor after becoming disqualified shall be liable to a penalty of not more than five hundred dollars for each day that he so acts or sits.
(9) This Section does not apply to a school board. R.S., c. 300, s. 18; 1991, c. 6, s. 41; 1994, c. 26, s. 9; 1998, c. 18, s. 568; 1999 (2nd Sess.), c. 13, s. 1; 2000, c. 9, s. 21; 2003, c. 9, s. 9; 2004, c. 7, s. 21.
20 (1) repealed 2000, c. 9, s. 22.
(2) If at any time after any person has become disqualified by virtue of this Act the witnesses, or any of them, on whose testimony such person has so become disqualified, are convicted of perjury with respect to such testimony, such person may move a judge to order, and the judge shall, upon being satisfied that such disqualification was procured by reason of perjury, order that such disqualification shall thenceforth cease and determine, and the same shall cease and determine accordingly. R.S., c. 300, s. 20; 2000, c. 9, s. 22.
21 Prior to the thirty-first day of July in a regular election year the returning officer shall prepare a preliminary list of electors for each polling division. R.S., c. 300, s. 21.
22 (1) The council may, on or before the first day of May in a regular election year, appoint a registrar of voters on the recommendation of the returning officer.
(2) The registrar of voters shall oversee the conduct of the enumeration, ensure that the enumerators carry out their duties and otherwise assist the returning officer in the preparation of the preliminary list of electors.
(3) The registrar of voters shall, before entering upon the duties of his office, take the oath in prescribed form.
(4) Where the council does not appoint a registrar of voters, the returning officer shall carry out the duties of the registrar of voters and, in such an event, subsection (3) does not apply. R.S., c. 300, s. 22; 1994, c. 26, s. 11.
23 (1) The returning officer shall appoint a sufficient number of enumerators to complete an enumeration of the electors residing in each polling district or polling division within a polling district.
(2) The returning officer or registrar of voters shall provide the enumerators with a detailed and accurate description of the polling division for which the enumerators have been appointed.
(3) An enumerator shall, before entering upon the duties of his office, take the oath in prescribed form.
(4) A returning officer may for cause dismiss and replace an enumerator, and may appoint an enumerator in the place of one who resigns, dies or becomes incapacitated or may direct a substitute enumerator to act.
(5) Upon request in writing signed by the returning officer, an enumerator so replaced shall forthwith give up the enumerators' index sheets and other papers which he has received as an enumerator to the person designated by the returning officer. R.S, c. 300, s. 23.
24 (1) The enumerators shall, on or before the last day of May, or the date set by the returning officer and approved by council, whichever is later, in a regular election year, proceed to ascertain the full name and particulars of every person qualified to vote in an election in each polling division for which they have been appointed.
(2) The enumerators shall visit each dwelling place, including nursing homes, senior citizens' homes, rooming houses and homes for the aged, in the polling divisions for which they have been appointed for the purpose of obtaining the names and particulars of all qualified electors.
(3) The enumerators shall visit each dwelling place in their divisions from which they were unable to obtain the names of all qualified electors at least a second time.
(4) If the enumerators are unable to obtain the names and particulars by the visits, then they may obtain them from any other reliable sources of information available to them.
(5) 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, as prescribed by the returning officer, on which shall be stated
(a) the purpose of the enumeration; and
(b) the name, telephone number and office address of the returning officer or, if one has been appointed, the registrar of voters for the municipality. R.S., c. 300, s. 24; 2003 (2nd Sess.), c. 5, s. 2; 2007, c. 46, s. 4.
25 (1) The enumerators shall register on index sheets in prescribed form or in such other manner as may be determined by the returning officer
(a) the name of each elector under the given names and surname by which the elector is known in the polling division;
(aa) the birthdate of each elector; and
(b) the address of each elector.
(2) There shall be separate index sheets kept for each polling division within a polling district. R.S, c. 300, s. 25; 2003 (2nd Sess.), s. 5, s. 3.
26 The enumerators shall take all necessary precautions and care to ensure that their index sheets, when completed,
(a) contain the correct name and particulars of every qualified elector in the polling division;
(b) do not contain the name of a person who is not qualified; and
(c) do not duplicate any names. R.S., c. 300, s. 26; 2003 (2nd Sess.), c. 5, s. 4.
27 Not later than the tenth day of June, or the date set by the returning officer and approved by council, whichever is later, the enumerators shall
(a) complete the certificate in prescribed form on the last page of the index sheets; and
(b) deliver to the returning officer or registrar of voters the index sheets completed as prescribed or determined. R.S., c. 300, s. 27; 2007, c. 46, s. 6.
28 Every one who impedes or obstructs an enumerator in the performance of duties under this Act is guilty of an offence against this Act. R.S., c. 300, s. 28.
29 If the enumerators have left off a substantial number of persons from the preliminary list of electors, the returning officer or registrar of voters may
(a) appoint additional enumerators to register the names omitted from the list and add the same;
(b) deduct the cost of such additional enumerators from the fees otherwise payable to the enumerators who omitted the names. R.S., c. 300, s. 29.
29A (1) Notwithstanding any other provision of this Act, a person may refuse to be enumerated.
(2) Where a person refuses to be enumerated, the enumerator shall record the address of that person and the fact that the person refused to be enumerated.
(3) A record made pursuant to subsection (2) shall not be included in the index, the preliminary list of electors or the final list of electors.
(4) A record made pursuant to subsection (2) shall not be available for public inspection and shall not be included with the final list of electors provided to the candidates pursuant to subsection (1) of Section 48.
(5) A record made pursuant to subsection (2) shall be given to the registrar of voters or returning officer by the enumerators on returning the index sheets, and the returning officer may give the record to the revising officer but the enumerator shall not otherwise disclose the content of the record. 1994, c. 26, s. 12.
30 (1) By the fifteenth day of April in a regular election year, the council may, by resolution, provide that the returning officer
(b) use the lists of electors used in the most recent federal or provincial election, or in an election held pursuant to this Act; or
(c) use any permanent register of electors established and maintained for use in a federal or provincial election,
as the basis for the preliminary list of electors for all or part of the municipality.
(2) Where a special election is to be held, the returning officer may
(b) use the list of electors prepared in the most recent federal or provincial election, or in an election held pursuant to this Act; or
(c) use any permanent register of electors established and maintained for use in a federal or provincial election,
as the basis for the preliminary list of electors for all or part of the municipality.
(3) Where a federal or provincial election, or an election pursuant to this Act, has not been held but it is to be held on a day not less than six weeks prior to ordinary polling day, the lists prepared for use in that election may be used as provided in this Section. 2003, c. 9, s. 11.
30B (1) to (3) repealed 2003, c. 9, s. 13.
(4) The Chief Electoral Officer for the Province shall not provide a list of electors or permanent register of electors to a returning officer until the council of the municipality or the school board, as the case may be, has entered into an agreement with the Chief Electoral Officer for the Province that protects the privacy and security of the information supplied and any required fee has been paid to the Chief Electoral Officer for the Province.
(5) An agreement entered into pursuant to subsection (4) may contain provisions that require the return to the Chief Electoral Officer for the Province of the revisions made to the preliminary list of electors by the revising officer for the municipality or school board, as well as information respecting electors who were added to the final list of electors pursuant to Sections 98 and 123.
(6) The Chief Electoral Officer for the Province may transfer the information received pursuant to subsection (5) to the Chief Electoral Officer for Canada for the purpose of updating information in the National Register of Electors with respect to the Province. 2000, c. 9, s. 24; 2003, c. 9, s. 13.
31 (1) Upon receipt of the enumerators' index book the returning officer or registrar of voters shall
(a) satisfy himself that the provisions of this Act respecting enumeration have been complied with; and
(b) where the provisions have not been complied with, either
(ii) have the enumerators who prepared the index sheets, or any other persons appointed by him as enumerators, re-enumerate all or any of the electors in the polling division, or otherwise comply with the provisions of this Act respecting enumeration.
(3) The returning officer, or registrar of voters if one has been appointed, shall arrange the names of the persons shown on the index sheets as corrected in alphabetical order according to surname or by civic address, if that has not been done by the enumerators, and shall transmit a copy of the preliminary list of electors so prepared for each polling division to the printer. R.S., c. 300, s. 31; 1994, c. 26, s. 13; 2003, c. 9, s. 14; 2003 (2nd Sess.), c. 5, s. 5.
33 (1) The returning officer shall appoint a revising officer for each polling district in the municipality to conduct the revision of the preliminary list of electors.
(2) The returning officer may appoint one revising officer to conduct the revision for more than one polling district, or for all polling districts.
(3) The registrar of voters may be appointed as a revising officer.
(4) Where the returning officer does not appoint a revising officer, he shall act as the revising officer. R.S., c. 300, s. 33.
34 (1) After the preliminary lists of electors have been prepared, the returning officer or the registrar of voters shall give notice by at least two insertions in a newspaper circulating in the municipality that the preliminary lists of electors have been prepared.
(2) The notice shall set out the fact that the lists have been prepared, how a person can check if the person's name is on the list and how, when and where the revising officer will receive applications for amendments to the lists.
(3) It shall not be necessary to insert a separate notice with respect to the preliminary list of electors for each polling district or polling division provided the information required by subsection (2) is clearly set out with respect to each polling district or polling division.
(4) In addition to the notice referred to in subsection (1), the returning officer or the registrar of voters shall, if directed by the council, give additional notification that the preliminary lists of electors have been prepared by
(a) distributing flyers to households;
(c) providing for advertisements, as directed by the council.
(5) repealed 1994, c. 26, s. 14.
R.S., c. 300, s. 34; 1994, c. 26, s. 14; 2003 (2nd Sess.), c. 5, s. 7; 2007, c. 46, s. 7.
35 (1) The revising officer shall
(a) add to the list of electors the name of every person where the revising officer is satisfied that the person is entitled to be registered on the list;
(b) strike off the list of electors the name of every person proved not to be entitled to be registered;
(ba) strike a person's name from the list of electors where that person requests the revising officer to do so; and
(c) correct errors of name or address on the list of electors.
(2) No person shall be struck off the list of electors unless the applicant has given him notice of the application to strike off his name by personal service or by registered mail addressed to his last known mailing address, and either proof of service or proof of mailing is given to the revising officer, provided that where the person is present at the sitting of the revising officer, it shall not be necessary to prove that he was notified and his case shall be dealt with as if he had been properly notified whether he was or not and where the revising officer is satisfied that the person is dead, it is not necessary to provide notification to any person.
(3) Every revising officer 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 revising officer shall deal with the same on principles of equity and justice.
(4) A revising officer may require the attendance of a peace officer to keep order during the sittings. R.S., c. 300, s. 35; 1994, c. 26, s. 15.
36 (1) A person may apply for an amendment to the list of electors by telephone, in writing or in person.
(2) An application shall be sufficiently detailed to allow the revising officer to determine whether the information can be verified from other sources available to the revising officer and, if the revising officer determines that this is not possible, then the applicant shall be required to appear personally and make an application accompanied by a declaration under oath, administered by the revising officer, of the facts that support the application, and the application may be in the prescribed form or to like effect.
(3) Any person making a false statement in a declaration is guilty of an offence.
(4) Any person inducing or coercing a person to make a false statement in any declaration is guilty of a corrupt practice and is liable to a fine of not less than one thousand dollars nor more than ten thousand dollars, or to imprisonment for a term of not less than ninety days or more than twelve months, or to both. R.S., c. 300, s. 36; 1994, c. 26, s. 16.
37 (1) A revising officer may require witnesses to attend before him to give evidence on behalf of any applicant, and failure to attend when so summoned shall be an offence against this Act.
(2) An error in the name and particulars of an elector appearing on a list of electors may be corrected by a revising officer at the sittings
(a) on the application of the elector or his agent; or
(b) by the revising officer on his own initiative,
and the revising officer shall enter the particulars of the correction in the record of revisions.
(3) Where the revising officer is made aware of the fact that one or more names on the list of electors for a polling district or polling division should properly be on the list of electors for another polling district or polling division, he may, on his own initiative, strike off the names of the electors on the first mentioned list of electors, enter them on the last mentioned list of electors and advise the returning officer or registrar of voters.
(4) The revising officer shall notify the elector of the particulars of a transfer made pursuant to subsection (3) by written notice sent by registered mail.
(5) The revising officer may strike the name of a person from a list of electors if the person applies in person during the sittings to have his own name struck off the list of electors. R.S., c. 300, s. 37.
38 (1) On or before the date chosen by the council on the advice of the returning officer, the revising officers shall furnish the returning officer or registrar of voters with the preliminary lists of electors together with the amendments that they have made to the lists as a result of their sittings.
(2) When the provisions of subsection (1) have been complied with, the returning officer shall
(a) remove the birthdate information and transmit the original copy of the preliminary list of electors for each polling division as amended by the revising officers to the printer for printing; and
(b) retain a copy of the preliminary list of electors for each polling division as amended in his headquarters. R.S., c. 300, s. 38; 2003, c. 9, s. 16; 2003 (2nd Sess.), c. 5, s. 8.
39 (1) Where the final list of electors for a polling division contains the names of more than seven hundred electors, the 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 seven hundred, to vote at each polling station; and
(b) in the prescribed manner, divide the final list of electors for the polling division into as many separate lists as required for the taking of the vote at each polling station.
(2) Notwithstanding subsection (1), where an election is only for the office of a member of a school board, the returning officer may consolidate some or all of the polling divisions in the polling district into one polling division. R.S., c. 300, s. 39; 2007, c. 46, s. 8.
40 (1) The final lists of electors shall be completed on or before the date chosen by the council with advice from the returning officer and that date must be at least one day before the first day when nomination papers may be filed.
(2) The final list of electors for each polling division shall include a description of the polling division.
(3) The returning officer or registrar of voters shall stamp his certificate, to the effect that the list is correct and final and as to the number of sheets in the final list, on the facing sheet of the list of electors for each polling division and the list so certified shall be used by deputy returning officers in any election.
(4) The final list of electors shall be the list of electors to be used at each polling station.
(5) The final lists shall be lists of electors for the municipality until new lists have been prepared and revised.
(6) The final list of electors shall be used for election purposes only and for no other purpose and, in particular, shall not be open for inspection, disposed of or sold.
(7) A list of electors may be given by the municipality to the Chief Electoral Officer for the Province or the Chief Electoral Officer of Canada for the purpose of preparation of a provincial list of electors, a federal list of electors or a permanent register of electors, and the giving of the list of electors to the Chief Electoral Officer for the Province or the Chief Electoral Officer of Canada is an electoral purpose within the meaning of subsection (6).
(8) The final list of electors may be given by a municipality to a village for the purpose of preparation of a village list of electors, and the giving of the list of electors to the village is an electoral purpose within the meaning of subsection (6). R.S., c. 300, s. 40; 1994, c. 26, s. 17; 1997, c. 6, s. 2; 2000, c. 9, s. 26; 2003, c. 9, s. 17; 2003 (2nd Sess.), c. 5, s. 9.
41 The validity of a list of electors shall not be affected by
(a) failure to appoint any official within, at, on or before the time limited by this Act;
(b) failure to complete any list of electors or do any thing within, at, on or before the time limited by this Act;
(c) failure of any official to take any oath required by this Act;
(d) the inclusion on any list of electors of one or more names not authorized to be contained therein, or the omission from any list of one or more names which should have been included therein,
unless in any such case a court finds that the irregularity may have affected the result of an election at which the list of electors was used. R.S., c. 300, s. 41.
41A (1) Following the completion of the final list of electors and not later than five o'clock in the evening on the Friday the eighth day before ordinary polling day, a person may apply for a certificate of eligibility to vote.
(2) An application shall be accompanied by a declaration under oath of the facts that support the application, and the application may be in the prescribed form or to like effect.
(3) Any person making a false statement in a declaration is guilty of an offence.
(4) Any person inducing or coercing a person to make a false statement in any declaration is guilty of a corrupt practice and is liable to a fine of not less than one thousand dollars nor more than ten thousand dollars, or to imprisonment for a term of not less than ninety days or more than twelve months, or to both.
(5) A returning officer or assistant returning officer who issues a certificate of eligibility 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 the certificate to the deputy returning officer of the polling station where the name of the person to whom the certificate has been issued should appear on the list of electors; and
(e) transmit a copy of the certificate to each candidate.
(6) Once a certificate of eligibility is issued, a person's name is deemed to appear on the final list of electors.
(7) Notwithstanding Section 40, the information from a certificate of eligibility may be incorporated into the final list of electors for the purpose of an election. 2003, c. 9, s. 18; 2003 (2nd Sess.), c. 5, s. 10; 2007, c. 46, s. 9.
42 (1) The returning officer shall advertise that nominations for the offices for which an election is to be held may be filed on nomination day.
(2) The notice shall specify the date of nomination day, the address of the office of the returning officer and the times during which nominations may be filed as set out in this Act.
(3) The notice shall be inserted at least twice, not less than seven nor more than fourteen days apart, the second insertion to precede nomination day by at least seven days, in a newspaper circulating in the municipality, and shall also be posted in at least two public locations in each polling district. R.S., c. 300, s. 42.
43 (1) Every candidate for the office of councillor shall be nominated by not less than five persons whose names appear on the final list of electors and who are qualified to vote at the election of a councillor for the polling district.
(2) Every candidate for the office of mayor shall be nominated by not less than five persons whose names appear on the final list of electors and who are qualified to vote at the election of the mayor.
(3) Every candidate for the office of school board member shall be nominated by not less than five persons whose names appear on the final list of electors and who are qualified to vote at the election of the school board member. R.S., c. 300, s. 43; 2003, c. 9, s. 19.
44 (1) A nomination shall be in writing in prescribed form or to the like effect.
(2) A nomination shall be filed at the office of the returning officer between the hours of nine o'clock in the forenoon and five o'clock in the afternoon on the second Tuesday in September.
(3) No nomination shall be valid or shall be accepted by the returning officer unless it has been completed and is signed by the candidate.
(4) The returning officer shall not accept a nomination unless there is attached to the nomination paper a certificate in the prescribed form of the clerk, treasurer, collector or other official having knowledge of the facts that the charges that are liens on the person's property due by the person to the municipality and the taxes due by the person to the municipality have been fully paid or all instalments or interim payments that are due as of nomination day have been paid.
(4A) Subsection (4) does not apply with respect to a candidate for election to a school board.
(5) The returning officer shall not accept the nomination of a person who he knows is not qualified under this Act to be elected.
(6) The returning officer shall not accept a nomination unless it contains the consent and oath of the candidate or his official agent in prescribed form.
(7) Where a deposit is required, the returning officer shall not accept a nomination unless it is accompanied by the deposit of
(b) a certified cheque or demand drawn on a chartered bank, trust company or credit union and payable to the municipality; or
(c) a postal money order or chartered bank draft payable to the municipality.
(8) The nomination paper may contain an appointment by the candidate of his official agent.
(9) Notwithstanding subsection (2), a nomination may be filed by appointment with the returning officer during the five business days immediately preceding nomination day. R.S., c. 300, s. 44; 2000, c. 9, s. 27; 2003, c. 9, s. 20; 2007, c. 46, s. 10.
45 (1) A candidate who is absent from the municipality may, by letter, telegram, cable or other form of written communication, name an agent and authorize him to complete the nomination paper and the certificate attached thereto on his behalf.
(2) The agent shall cause the authorization to be filed with the returning officer before the nomination paper is filed. R.S., c. 300, s. 45; 1994, c. 26, s. 18.
46 A nomination 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 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, when the returning officer is satisfied with his identity. R.S., c. 300, s. 46.
47 No candidate shall be nominated for more than one office of councillor or school board member in the same election. R.S., c. 300, s. 47.
48 (1) If the returning officer is satisfied that all requirements of this Act have been complied with, the returning officer shall sign the receipt on the nomination paper and transmit the deposit, if any, to the clerk and provide the candidate or his official agent with a copy of the final lists of all electors entitled to vote for the office for which the candidate has been nominated.
(2) The signing of the receipt on the nomination paper by the returning officer shall be evidence that the candidate has been officially nominated.
(3) A returning officer shall not reject a nomination paper after he has signed the receipt on the nomination paper.
(4) Once signed by the returning officer, a nomination paper is open to inspection by the public, but shall not be photocopied or otherwise reproduced for members of the public. R.S., c. 300, s. 48; 2003, c. 9, s. 21.
49 (1) Before four o'clock in the afternoon of the day after nomination day a candidate, or his official agent, may direct the returning officer in writing to change the particulars of the name and address of the candidate that appears in the nomination.
(2) Where the returning officer is satisfied that the particulars, as changed, correspond to those by which the candidate is known in the district, he shall attach the direction to the nomination paper and amend it accordingly. R.S., c. 300, s. 49.
49A (1) In this Section and Section 49B,
(a) "agent" means the official agent of a candidate and includes the candidate if the candidate is acting as official agent and, in the case of an association, means the person appointed by the association to act as agent;
(b) "association" means an association of one or more people established to, a trust established for or a fund established to further the election of the candidate;
(c) "contributions" means services, money or other property donated to an association or a person to support the political purposes of an association or candidate, but does not include personal services or the use of a vehicle volunteered by a person and not provided as part of that person's work in the service of an employer;
(d) "spouse" means a person married to another person and, for the purpose of this Section, includes persons who, not being married to each other, live together as if they are spouses and have done so for at least one year.
(2) An association shall appoint an agent for the purpose of this Section and shall file the appointment with the clerk or the secretary of a school board.
(3) Contributions to a candidate or association shall be made only to the agent.
(4) All contributions to a candidate shall be deposited in a separate account and be dealt with separately from the candidate's personal funds.
(5) The agent shall record the full name and residential or business address, other than a post office box address unless that is the only address available, of each contributor together with the amount of the contribution.
(6) An agent shall not accept an anonymous contribution in any amount and, if any anonymous contribution cannot be returned to the contributor, it shall be remitted to the treasurer of the municipality or school board.
(7) No person shall contribute to any association or candidate funds not beneficially belonging to the person or funds that have been given or furnished to that person by another person for the purpose of contributing those funds unless the person to whom the funds beneficially belong is identified as the contributor or unless the person contributing the funds is the spouse of the person to whom the funds beneficially belong.
(8) Within sixty days after regular polling day in an election, every candidate and agent of an association shall file with the clerk of a municipality or the secretary of a school board a disclosure statement showing the full name and residential or business address, other than a post office box unless that is the only address available, of each contributor whose contributions received during the period since the previous election exceed fifty dollars in total and the amount of the total contributions by that contributor.
(9) Where a trust or fund is established to further the goals of a candidate or association and the trust or fund is not controlled by an association or candidate, the names of contributors to the trust or fund shall be disclosed when a transfer is made from the trust or fund to either an association or candidate.
(10) Where a contribution or gift of goods or services is made to a candidate or association for the purpose of sale or auction, the value of the contribution is the dollar value at which those goods or services are sold or auctioned.
(11) A candidate who is not nominated is not required to file a disclosure statement.
(12) Subject to subsection (11), every candidate who fails to file a disclosure statement within sixty days after regular polling day, or who files a false disclosure statement, is guilty of an offence. 1998, c. 18, s. 568; 2003, c. 9, s. 22.
49B (1) Any person may examine a disclosure statement respecting contributions to a candidate.
(2) Disclosure statements shall be available for examination at any time during regular office hours.
(3) A person who examines a disclosure statement may obtain a copy of that statement upon payment of the reasonable cost of copying the statement.
(4) The disclosure statement shall be as nearly as may be in the form prescribed by the Minister. 1998, c. 18, s. 568.
50 (1) As soon as may be after nomination day, the returning officer shall cause a notice to be published in a newspaper circulating in the municipality setting out
(a) the purpose of the election;
(b) the names of the candidates and the offices they seek;
(c) the names of the candidates who have been acclaimed and the offices to which they have been acclaimed;
(d) the date of election day and of advance polling day, and the hours of polling at each;
(e) the location of the various polling places; and
(f) a statement that the descriptions of each of the polling divisions in the municipality may be inspected at the municipal office during regular office hours.
(2) In addition to the notice referred to in subsection (1), the returning officer shall give notice
(a) by flyers distributed to households;
(b) by mailing cards to voters; or
(c) in any manner approved by council. R.S., c. 300, s. 50; 2007, c. 46, s. 11.
51 (1) Every nomination paper shall be accompanied by a deposit of two hundred dollars, provided that the council may by by-law specify that a lesser deposit, or no deposit, shall be required.
(2) repealed 2003, c. 9, s. 23.
(3) Upon the removal of all advertising material within seven days after ordinary polling day and the filing of an affidavit of the candidate in prescribed form confirming the removal, or to the like effect, with the clerk, and upon return of all copies of the final list of electors in the candidate's possession, including any electronic copies of the list provided to the candidate, or the deletion or destruction of any electronic copies, the clerk shall
(a) refund the deposit to a candidate who was elected or who polled at least half of the number of votes polled by the successful candidate; or
(b) refund half of the deposit to a candidate who polled less than half of the number of votes polled by the successful candidate.
(4) Where a candidate dies before the close of the poll, the clerk shall refund the whole of the deposit to the candidate's official agent or personal representative.
(5) Where no more than the number of candidates authorized to be elected are officially nominated and as a result no poll is granted, upon the filing of the affidavit referred to in subsection (3), the clerk shall refund the whole of the deposit to the candidate or his official agent.
(6) A candidate who fails to file an affidavit or to return all the candidate's copies of the list of electors within seven days after the date of the election shall forfeit the candidate's deposit refund.
(7) Every candidate who fails to remove all advertising material from public places after ordinary polling day and within seven days after notice is served upon him by the clerk by registered mail is guilty of an offence. R.S., c. 300, s. 51; 2003, c. 9, s. 23; 2007, c. 46, s. 12.
52 (1) A candidate seeking election to a district school board in an electoral district located in more than one municipality shall be required to make only one deposit with his nomination paper.
(2) If the municipalities have determined different amounts for a candidate's deposit, the larger or largest amount determined by the municipalities shall be the amount of the deposit.
(3) Where the whole or part of the deposit made by a candidate is forfeited, the amount forfeited shall be divided equally between or among the municipalities. R.S., c. 300, s. 52.
53 Before four o'clock in the afternoon of the day after nomination day, a candidate may appear in person or by his official agent before the returning officer and file with him a declaration signed by either of them that he withdraws as a candidate, whereupon he shall be deemed not to have been nominated and his deposit shall be forfeited. R.S., c. 300, s. 53.
54 (1) If a candidate dies before the close of nominations on nomination day, he shall be deemed not to have been officially nominated.
(2) If a candidate dies between the close of nominations and the close of the poll, the returning officer shall
(a) revoke the grant of the poll; and
(b) fix the date of a new polling day, which shall be a Saturday not more than forty-five days and not less than thirty-six days from the date of the death of the candidate.
(3) After revoking the grant of the poll, the returning officer shall again proceed to call nominations for the election and
(a) a person, other than the candidate who died, nominated before the revocation of the grant of the poll, shall be deemed to have been duly nominated without having to be again nominated on the new nomination day; and
(b) the list of electors prepared for the election that was postponed shall be used at the postponed election, and the election shall be conducted as if it were a special election under this Act.
(4) Nomination day in an election held pursuant to this Section shall be the fourth Tuesday preceding ordinary polling day. R.S., c. 300, s. 54; 2003, c. 9, s. 24.
54A A candidate or candidate's representative may enter any apartment building or other multiple residence during reasonable hours for the purpose of lawfully campaigning. 2003, c. 9, s. 25.
54B It is an offence to obstruct a candidate or a candidate's representative in lawfully campaigning. 2003, c. 9, s. 25.
54C (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. 2003, c. 9, s. 25.
55 Where only one candidate or only the number of candidates authorized by law to be elected to represent the polling district are officially nominated within the time fixed for that purpose, the returning officer shall so inform the clerk, who shall declare the candidate or candidates duly elected at the first meeting of the council after ordinary polling day or, in the case of a special election where holding a poll is no longer necessary, at the first meeting after being so informed. R.S., c. 300, s. 55; 2003, c. 9, s. 26.
56 (1) When more candidates than the number required to be elected for the polling district are officially nominated, the returning officer shall grant a poll for the taking of the votes of the electors.
(2) The returning officer shall grant a poll for the determination of any matter that the council has directed him to put before the electors. R.S., c. 300, s. 56.
57 On ordinary polling day the poll shall be opened for the taking of votes at the hour of eight o'clock in the forenoon and be kept open until the hour of seven o'clock in the afternoon. R.S., c. 300, s. 57.
57A (1) Notwithstanding Section 57, the returning officer may establish a mobile polling station to be located in a hospital, a sanitorium [sanatorium], a home for the aged, a licensed nursing home or an institution for the care and treatment of chronic diseases, including a polling division required to be established pursuant to subsection (4) of Section 9, for such period of time between eight o'clock in the forenoon and seven o'clock in the afternoon of ordinary polling day as the returning officer determines is necessary to give electors resident therein an opportunity to vote.
(2) A ballot box may be used for more than one mobile polling station.
(3) Notwithstanding subsection (2) of Section 82, an elector resident in an institution in which a mobile polling station is established, may vote at the mobile polling station.
(4) A deputy returning officer for a mobile polling division shall be issued an official list of electors for each polling division in which the mobile polling station is to be located.
(5) The mobile polling station is deemed to be closed at seven o'clock in the afternoon, at which time the deputy returning officer shall return with the ballot box to a location chosen by the returning officer to perform the duties imposed on the deputy returning officer by Sections 106 to 113. 1994, c. 26, s. 19.
58 (1) Not later than the eighth day before ordinary polling day, the returning officer shall appoint a deputy returning officer and a poll clerk for each polling station in the municipality.
(a) dismiss and replace a deputy returning officer or poll clerk for cause;
(ii) appoint a deputy returning officer or poll clerk in the place of one who resigns, dies or becomes incapacitated.
59 (1) The deputy returning officers and poll clerks shall before entering upon the duties of their offices subscribe to the oath in prescribed form in the poll book.
(2) Where a deputy returning officer votes at the polling place to which he has been appointed to act, the poll clerk may administer to him any of the oaths required by law to be taken by an elector who intends to vote. R.S., c. 300, s. 59.
60 (1) The returning officer shall secure for each polling division in the municipality 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 municipality where the polling stations of some or all of the polling divisions in the municipality may be conveniently centralized, then within the centralized polling place.
(2) Where it is found unpractical to hold a poll in the place originally designated, then it shall be held in another polling station as near as practical to the original polling station, and thereupon the returning officer shall on polling day cause notices to be affixed at or near the polling station first designated stating the new location of the polling station. R.S., c. 300, s. 60.
61 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 K.) or as the case may be. R.S., c. 300, s. 61.
62 (1) A polling station shall be in premises with level access and shall contain an adequately lighted compartment where an elector may mark the elector's ballot paper in secrecy.
(2) Throughout the hours of polling, the compartment shall contain a suitable surface on which to mark the ballots and a pencil or pen. R.S., c. 300, s. 62; 2003, c. 9, s. 27.
64 (1) The returning officer shall obtain such number of ballot boxes as he considers are required for each polling station in the municipality.
(a) of uniform size and shape;
(b) made of a durable material;
(d) so constructed, with a slit or narrow opening on the top, so that the ballot papers may be deposited but the ballots cannot be withdrawn without unsealing the box.
(3) Where the returning officer fails to furnish ballot boxes to a deputy returning officer for a polling station, or a box which was furnished has been lost or destroyed, the deputy returning officer shall procure or cause to be made sufficient ballot boxes for the polling station. R.S., c. 300, s. 64.
65 If a poll is required, the returning officer shall cause to be printed ballot papers in sufficient quantity to supply all polling stations. R.S., c. 300, s. 65.
66 (1) A ballot paper shall be in prescribed form and have on the front thereof
(a) at the top of the ballot the title "Election for Mayor" or "Election for Councillor" or "Election for School Board Member", as the case may be;
(b) immediately below the title the warning "vote for one candidate only" or "vote for not more than (the number of candidates to be elected) candidates", as the case may be; and
(c) following a substantial space, the names or names by which they are commonly known of the candidates with given names followed by surnames, arranged alphabetically in order of their surnames and, where necessary, their given names.
(2) No title, honour, decoration or degree shall be included with a candidate's name on the ballot.
(3) On the back of each of the stub and the counterfoil shall be printed a serial number, which shall be the same on both.
(4) The ballot paper shall be printed with the face of the ballot paper printed in black ink and with the title, warning and names of candidates and a small circular space immediately to the right of the name of each candidate, appearing in the colour of the paper. R.S., c. 300, s. 66; 1994, c. 26, s. 21; 2003 (2nd Sess.), c. 5, s. 11.
67 (1) All ballot papers shall, subject to subsection (2),
(a) be of the same description and as nearly alike as possible;
(b) have a counterfoil and a stub with lines of perforations between the ballot form and the counterfoil and between the counterfoil and the stub; and
(c) be bound in books containing twenty-five, fifty or one hundred ballot papers, according to the requirements of the polling stations.
(2) The returning officer shall ensure that the ballot for mayor, the ballot for councillor, the ballot for school board member and any other ballot required be of different colours of paper. R.S., c. 300, s. 67; 2007, c. 46, s. 13.
68 (1) Not later than ten o'clock in the afternoon on the day before polling day, the returning officer shall furnish to each deputy returning officer for the polling station to which he has been appointed a ballot box with seals and, sealed in the ballot box,
(a) ballot papers for each office for which an election is to be held and each question to be voted on for at least ten per cent more than the number of electors on the final 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) at least two copies of directions to electors in prescribed form;
(e) a copy of this Act and of the instructions prescribed by him;
(f) a copy of the final list of electors for use at the polling station;
(h) a seal to seal each ballot box at the opening of the poll, a seal to seal each ballot box after the ballots are counted and one additional seal for each ballot box to be used at the polling station; and
(i) other materials and supplies authorized or furnished by him.
(2) The returning officer shall at the time referred to in subsection (1) supply such additional number of ballot boxes for the polling station as he considers are required, and shall record on the inside front cover of the poll book the number of ballot boxes supplied to the polling station.
(3) The format of the poll book shall be as prescribed.
(4) 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.
(5) The use of each seal provided pursuant to subsection (1) shall be recorded on the inside front cover of the poll book, and the extra seal shall, if unused, be sealed in the ballot box after the ballots have been counted.
(6) Subject to Section 88, a ballot box shall not be removed from the polling station during the hours the poll is open and until the votes have been counted. R.S., c. 300, s. 68.
69 (1) In addition to the 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:
(c) the assistant returning officer;
(d) one agent 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;
(e) the official agent of a candidate unless the official agent is the candidate;
(f) a peace officer if authorized by the returning officer or the deputy returning officer; and
(g) any person necessarily present in order to comply with any other Section of this Act.
(2) The returning officer may prescribe and supply a badge or other form of identification for all election officers and agents entitled to be in a polling station, but no such badge or other form of identification shall indicate for which candidate a person is acting as agent. R.S., c. 300, s. 69; 1994, c. 26, s. 22; 2003, c. 9, s. 29.
70 (1) A candidate shall, on becoming a candidate, file with the clerk or the secretary of a school board an appointment of official agent or a declaration that the candidate will personally act as the official agent.
(2) A candidate who has filed a declaration that the candidate will personally act as the official agent may subsequently appoint an official agent at any time before close of nominations.
(2A) A candidate, at any time before ordinary polling day, by writing delivered to the returning officer, may dismiss the candidate's official agent and appoint another.
(3) A candidate who has not filed an appointment of official agent is deemed to be personally acting as the official agent. 1998, c. 18, s. 568; 2007, c. 46, s. 14.
71 (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.
(2) An agent may absent himself from and return to a polling station from time to time while the polling station is open.
(3) Only one agent for each candidate shall be entitled to remain in the polling station at any one time while the polling station is open.
(4) Upon exhibiting the appointment to the deputy returning officer and without taking an oath, the official agent, other than a candidate acting as official agent, may represent a candidate in any polling station in the same manner as, and in addition to, an agent. R.S., c. 300, s. 71; 2003, c. 9, s. 30.
73 (1) Not later than five o'clock in the evening on the Wednesday before ordinary polling day, a returning officer or an assistant returning officer shall, upon the production of a duly completed affidavit in prescribed form, issue a transfer certificate in prescribed form to any of the following persons whose name appears on the list of electors for a polling division in the municipality and who has not voted at the advance poll for the polling division:
(b) an agent appointed by a candidate to act in a polling station other than where his name appears on the list of electors who produces a duly completed appointment and affidavit in prescribed form;
(c) a deputy returning officer or poll clerk who has been appointed to act at a polling station other than where his name appears on the list of electors; or
(d) repealed 1994, c. 26, s. 23.
(e) an elector with a physical disability which prevents him from voting at a polling station where his name appears on the list of electors.
(2) A transfer certificate issued pursuant to subsection (1) shall permit the elector to vote
(a) at another polling station within the polling district; or
(b) at the polling station in another polling district within the municipality.
(3) In the case of a transfer certificate issued pursuant to clause (b) of subsection (2), the transfer certificate shall permit the elector to vote for only those offices or matters for which he could have voted at the polling station where his name appears on the list of electors. R.S., c. 300, s. 73; 1994, c. 26, s. 23.
74 A returning officer or assistant returning officer who issues 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 the certificate to the deputy returning officer of the polling station where the name of the person to whom the certificate has been issued appears on the 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. 300, s. 74; 1994, c. 26, s. 24.
75 Subject to Section 76, an elector may vote by a proxy voter if the elector is on the list of electors and will be unable to vote at a polling station because of illness, physical disability or absence from the municipality. 1994, c. 26, s. 25.
76 (1) Between the day that the final list of electors is certified and five o'clock on the afternoon of Friday the eighth day before ordinary polling day, the returning officer shall issue a proxy paper in prescribed form upon
(a) the elector or proxy voter delivering in person the application for a proxy vote, duly completed, to the returning officer;
(b) the returning officer being satisfied that the elector is within a class of electors described in Section 75;
(c) the returning officer being satisfied that
(ii) the proxy voter has not been previously appointed a proxy for any other elector, other than for an elector who is a child, grandchild, brother, sister, parent, grandparent, husband or wife of the proxy voter.
(b) the elector's number on the list of electors or the number of the elector's certificate of eligibility;
(c) the reason for applying for a proxy vote, which shall be because of
(ii) inability to attend at the polling station because of illness or physical disability;
(d) the name of the person who is to act as proxy voter for the elector, the number of the proxy voter on the voter's list or the number of the proxy voter's certificate of eligibility, where applicable, and the relationship of the elector to the proxy voter, where applicable. R.S., c. 300, s. 76; 1994, c. 26, s. 26; 2003, c. 9, s. 32.
77 A returning officer shall complete each proxy paper in triplicate and
(a) deliver the original to the elector, or proxy voter, who appears before him;
(b) retain a copy together with the application for proxy vote, referred to in clause (a) of subsection (1) of Section 76, where they shall be available for public inspection at all reasonable times until five o'clock in the evening on the third day before ordinary polling day; and
(c) transmit a copy to the deputy returning officer of the polling station where the name of the elector appears on the list of electors. R.S., c. 300, s. 77; 1994, c. 26, s. 27.
78 Subject to Section 76, where a list of electors contains a name and address which corresponds so closely to the name and address of the elector appointing a proxy voter or the proxy voter, that the returning officer is satisfied that the entry is intended to refer to the elector or proxy voter, the returning officer shall issue the proxy paper with the particulars in it conforming to the entries on the list of electors. R.S., c. 300, s. 78.
79 An elector may return a proxy paper to the returning officer for cancellation no later than five o'clock in the afternoon of Friday the eighth day before ordinary polling day, and, subject to Section 76, if a proxy paper is returned to the returning officer for cancellation, the elector may appoint another elector to act as his proxy voter, and the returning officer shall issue another proxy paper. R.S., c. 300, s. 79; 1994, c. 26, s. 28.
(a) knowing that he is not qualified to vote by proxy, has or attempts to have a proxy paper issued;
(b) knowing that the person who appointed him a proxy voter is not qualified to vote by proxy, has or attempts to have a proxy paper issued to him as a proxy voter for such person;
(c) repealed 1994, c. 26, s. 29.
(d) knowingly makes a false statement in the application for a proxy vote;
(e) repealed 1994, c. 26, s. 29.
(f) votes as proxy voter on behalf of another, knowing that the elector is deceased; or
(g) votes as proxy voter on behalf of another where he is not the proxy voter named in the proxy paper,
is guilty of an offence. R.S., c. 300, s. 80; 1994, c. 26, s. 29.
81 (1) During the fifteen minutes prior to the opening of a polling station, the deputy returning officer in full view of the poll clerk, candidates and agents who are present shall
(a) cause the directions to electors referred to in subsection (1) of Section 68 to be posted in a conspicuous place 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 or agent who is present to inspect and count them; and
(c) open the ballot box, ascertain that it is empty, seal it, and place it on a table in full view of all present, where it shall remain sealed until the close of the poll.
(2) During the fifteen minutes prior to the opening of a polling station, or so soon thereafter as is practicable, and in the presence of the poll clerk, candidates or agents who 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 bound or stitched books. R.S., c. 300, s. 81; 2003 (2nd Sess.), c. 5, s. 12.
82 (1) An elector may vote once for mayor, once for councillor, once for each school board member to be elected for which the elector is qualified to vote and once on each other matter for which a poll has been granted.
(2) Unless he has been issued a transfer certificate, an elector may vote only at the polling station for the polling division in which he resides on ordinary polling day.