NEWFOUNDLAND AND LABRADOR REGULATION 99/05

NEWFOUNDLAND AND LABRADOR
REGULATION 99/05

School Board Election Regulations, 1998
(Amendment)
under the
Schools Act, 1997
(O.C. 2005-542)

(Filed October 7, 2005)

Under the authority of section 118 of the Schools Act, 1997, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John's, October 7, 2005, 2005.

Robert C. Thompson
Clerk of the Executive Council

REGULATIONS

Analysis

NLR 146/97
as amended

1. The School Board Election Regulations, 1998 are amended by adding immediately after section 19 the following:

Adjournment of election

19.1 (1) Notwithstanding subsection 19(1), where a returning officer or a deputy returning officer appointed under subsection 7(2) is of the opinion, due to circumstances beyond his or her control, that polling in one or more zones or parts of zones on polling day cannot continue or take place, the returning officer may direct that the election proceedings at polls in one or more zones or parts of zones be adjourned.

(2) Where the election proceedings are adjourned under subsection (1), the returning officer shall, in the manner that he or she considers appropriate, give notice of that adjournment to the persons affected by it.

(3) Election proceedings may be adjourned under subsection (1)

(a) temporarily to another time on the same day or to another place and time on the same day as specified by the returning officer; or

(b) to another day, time or place directed by the returning officer.

(4) Where an election is adjourned to another day, time or place under paragraph (3) (b), the time shall be not later than 10 working days after the original date set for the election.

(5) While an election is adjourned, the returning officer shall make all reasonable effort to ensure that election materials are secured and that the integrity of the election is not compromised.

(6) Election proceedings that recommence after an adjournment shall continue for the time that, when added to the time preceding the adjournment, totals the time during which those election proceedings were to occur regardless of the adjournment.

(7) Where voting proceedings are adjourned, the counting of the vote shall not begin until the close of voting for the adjourned election proceeding.

(8) Notwithstanding subsection (4), where, in the opinion of the returning officer, it is not possible or practical to resume the election proceedings within 10 working days after the original date set for the election, the returning officer shall notify the minister who shall order that the adjourned election be carried out in the zone or part of a zone at a time, date and place specified by him or her and subsection (6) shall apply to that election.

Commencement

2. These regulations shall be considered to have come into effect on September 27, 2005.