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Statutes of Newfoundland 1992


v CHAPTER E-3

CHAPTER E-3.1

AN ACT RESPECTING ELECTIONS,
CONTROVERTED ELECTIONS AND ELECTION FINANCING

(Assented to June 11, 1992)

Analysis

1. Short title

2. Interpretation

PART I - ELECTIONS

3. Definitions

DIVISION A - ELECTION ORGANIZATION

4. CEO

5. Duties of CEO

6. Acting CEO

7. Staff

8. Oath of officer

9. Budget

10. Adaption of Part I

11. Returning officers appointed

12. Vacating office

13. List in Gazette

14. Replacement appointed

15. Election clerk appointed

16. Duty to notify CEO

17. Acting returning officer

18. Additional election clerk

19. Office and attendance

20. Acting as DRO prohibited

21. Ineligible election officers

22. Other ineligible persons

DIVISION B - PREPARATION OF THE LIST OF ELECTORS

23. Qualified electors

24. At electoral districts

25. Inclusion in list of electors

26. Ordinarily resident

27. District list of electors

28. Polling divisions

29. Urban and rural divisions

30. Appointment of enumerators

31. List of enumerators

32. Removal, etc. of enumerators

33. Enumerator's badge

34. Enumerator's list of electors

35. House-to-house visits

36. Urban lists

37. Rural lists

38. Time for making list

39. List and copies, how dealt with

40. Inclusion of names in list

41. Retention of list of electors

42. Retention of copies

43. Omission of electors' name

44. Revision

45. Notice of revision

46. Conducting revision

47. Matters for revision

48. Extending time

49. Appeal from revision

50. Lists altered on appeal

51. Duties on close of court

52. Where original list is lost

53. Names on supplementary list included

54. Permanent List of Electors

55. Use of lists

56. Updating list

DIVISION C -
PREPARATION OF THE POLL

57. Calling an election

58. Polling day

59. Nomination day

60. General election day

61. Issue of election writ

62. Withdrawal of writ

63. Election supplies

64. Appointment of DRO

65. Appointment of poll clerks

66. Poll clerk as DRO

67. Qualifications of candidates

68. Nominating candidate

69. Proof required

70. Conditions to be met

71. Party's endorsement

72. Political affiliation

73. Disposal of deposit

74. Closing nominations

75. Return of nominations

76. Withdrawal of candidate

77. Death of candidate

78. Election by acclamation

79. Granting a poll

80. Public notice of poll

81. Polling stations

82. Central polling places

83. Extra polling stations

84. Change in polling stations

85. Division of list of electors

86. Proxy for elector

87. Adjourned or deferred poll

88. Procuring ballot boxes

89. Construction of ballot box

90. Ownership

91. Ballots and contents

92. Printing ballots

93. Ballots to returning officer

94. Supplies to DRO

DIVISION D -
PROCEEDINGS AT THE POLL

95. Posting up directions

96. Sealing of ballots

97. Who may enter polling station

98. Presumption of agency

99. Voting by election officers

100. Scrutineers entitlement

101. Right of candidate

102. Validity preserved

103. Beginning of voting

104. Entrance of electors

105. Right at polling station

106. How a proxy votes

107. Prohibited voting

108. Valid votes

109. Elector refusing to be sworn

110. List of electors changed at poll

111. Where candidates vote

112. Secrecy of poll

113. Ballot to elector

114. Instructing how to vote

115. Manner of voting

116. Cancelled ballot

117. Second elector of same name

118. Elector needing aid

119. No delay in voting

120. Electors present at close of poll

121. Voting in hospitals, etc.

122. Entries by poll clerk

123. Irregularities

124. Order for advance poll

125. Time for advance poll

126. Notice of polling station

127. Duties of returning officer

128. Who may vote

129. Requirements of elector

130. Other requirements of elector

131. Record to be kept

132. Security of advance poll

133. List of those who voted

134. Counting advance poll

135. Pre-empting services

136. Application of Part

137. General power to increase staff

DIVISION E - COUNTING, REPORTING AND SECURITY OF THE VOTES

138. How votes to be counted

139. Rejection of ballots

140. Counterfoils found attached

141. Ballots found not initialled

142. Objections, how dealt with

143. Procedure after counting

144. Oaths of officers

145. Statement of the poll

146. Documents to be in box

147. Preliminary statement

148. Communicating count

149. No publishing results

150. Ballot boxes, return of

151. Penalty for default

152. Safe-keeping of ballot boxes

153. Counting by returning officer

154. Procedure if statement missing

155. Re-sealing ballot boxes

156. Declaration of candidate

157. Recount where votes equal

158. Adjournment of official count

159. Missing ballot box

160. Result following missing votes

161. Procedure on 2nd poll

162. Custody of ballot boxes

163. Documents sent to CEO

164. Published returns

165. Application for recount

166. Notice of recount

167. To withhold return

168. Presence of clerk

169. Officials to be present

170. Persons present at recount

171. Procedure by judge

172. Continuous recounting

173. Rules at recount

174. Sealing up ballots

175. Review of decision

176. How result given

177. Costs

178. Payment of deposit

179. Secrecy preserved

180. Procedure

181. Competent witnesses

182. Limitation of actions

183. Care of election documents

184. Production of election documents

185. Destruction of election documents

186. Judicial order

187. Inspection of instructions

DIVISION F -
PRESERVATION OF ORDER AT ELECTIONS

188. Returning officer shall keep order

189. Propaganda activities

190. Wearing party badges, etc.

DIVISION G - ELECTION OFFENCES

191. Offence: inducing to vote

192. Intimidation

193. Personation and multiple voting

194. Illegal voting

195. Attack on secrecy

196. Offences against ballots

197. False statements

198. Printed documents

199. Improper voting by proxy

200. Offences by election officers

201. Other offences by officers

202. Obstructing enumerator

203. Wrongful application

204. False statement re candidate

205. Inducing person to vote

206. Removing notices

207. Hindering employee's vote

208. Penalty

209. For other offences

DIVISION H -
MISCELLANEOUS

210. Employees time to vote

211. Respecting oaths

212. Respecting fees

213. Certification of accounts

214. Compiling statistics

215. Notices generally

216. Time falling on holiday

217. Plebiscite

218. Plebiscite on Constitution

219. Federal Acts may apply

220. Cancellation of plebiscite

221. Regulations

222. Conveyance of elector

223. Regulations

224. Offence under regulation

225. Validity of consolidation of Act

226. Abbreviations

PART II -
CONTROVERTED ELECTIONS

227. Definitions

228. Description of election application

229. When application can be made

230. Application re no return

231. Returning officer as respondent

232. Application re candidates

233. Contents of application

234. Sufficiency of particulars

235. Application time limit

236. Amending application

237. Complaint of no return

238. Counter application

239. Making application

240. Security for costs

241. Notice of application

242. Preliminary objection

243. When application in issue

244. List of applications

245. Trial of application

246. Notice of trial

247. Adjournment of trial

248. Consolidation of applications

249. Corrupt and illegal practice

250. Special case

251. Not void election

252. Non-liability

253. Certificate of the judge

254. Judge's report to speaker

255. Invalidation of election

256. Duty of speaker

257. Speaker to inform House of Assembly

258. Withdrawal of application

259. Consent for withdrawal

260. Costs

261. Proceedings may be stopped

262. Effect of abatement

263. Substituted application

264. Taxation of costs

265. Powers of judge

266. Appeal to Court of Appeal

267. Rules

268. Federal practices

PART III - ELECTION FINANCES

269. Interpretation

270. Exceptions

271. Existing trust funds

272. Staff

273. Duties of CEO

274. Powers to inspect

275. Information

276. Audit

277. Inspection of information

278. Registration of parties

279. District associations

280. Date of application

281. Registration presumed

282. Deregistration

283. Consequential deregistration

284. Registration of candidate

285. Contributions

286. Anonymous contributions

287. Limitations on contributions

288. Contributor to use own funds

289. Funds from other parties

290. Value of goods and services

291. Advertising as contribution

292. Fund-raising

293. Receipts

294. Improper contributions

295. Group contributions

296. Report contributions

297. Transfer of funds, etc.

298. Solicitation of contributions

299. Prohibited contributions

300. Union group contributions

301. Who accepts for candidate

302. Chief financial officer

303. Recording of contributions

304. Borrowing

305. Guarantees

306. Campaign advertising

307. Rates for advertising

308. Appointment of auditor

309. Annual filing of audit

310. Filing financial statement

311. Election expenses

312. Authorization of expenses

313. Candidates' expenses

314. Invoice needed

315. Claim time limit

316. Election expense limits

317. Expenses adjustment formula

318. Reimbursement of expenses

319. Forms

320. Offence: exceeding expense limit

321. Offence: false statement

322. Offence: false receipt

323. Offence: destruction of records

324. Non-compliance with time limit

325. Corporation or union

326. General offence

327. Obstructing investigation

328. False statement

329. False information

330. Style of prosecution

331. Vicarious responsibility

PART IV- ADVISORY COMMITTEE

332. Advisory committee

333. Party representatives

334. Chairperson

335. Members' expenses

336. Meetings of committee

337. Duties of committee

PART V - REPEAL AND CONSEQUENTIAL

338. RSN 1990 cE-3 Rep.

339. Consequential amendments

340. Future amendments

341. Commencement

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:


Short title

1. This Act may be cited as the Elections Act, 1991.

Interpretation

2. (1) In this Act

(a) "candidate", in relation to an election, means a person who is nominated as a candidate at an election;

(b) "Chief Electoral Officer" means the Chief Electoral Officer appointed under Part I;

(c) "election" means an election for which a writ of election has been issued under Part I whether by way of a general election or a by-election;

(d) "elector" means a natural person who is qualified to vote at an election;

(e) "electoral district" means a place, territory or area entitled to return a member to serve in the House of Assembly;

(f) "judge" means a judge of the Trial Division;

(g) "list of electors" means the list of electors as prepared, revised, compiled and recorded under Part I and corrections to it and includes a list of electors for a polling division, electoral district or for the province and a list of electors authorized as a list of electors for an election under Part I; and

(h) "scrutineer", in relation to a candidate, means a person authorized in writing by the candidate to represent him or her at an election or at a proceeding relating to an election.

(2) A reference in this Act to a period described as "during an election", "throughout an election" or "at an election" means the period from the issue of a writ of election to the day that the candidate at the election is returned as elected.

(3) When an expression of time occurs in this Act, that expression is to be understood as the time on the island part of the province, notwithstanding that in the part of the province called Labrador the time would be 30 minutes different.

PART I
ELECTIONS

Definitions

3. In this Part

(a) "ballot box" includes a container in which ballots may be placed after they have been counted and in which their security and integrity can be maintained as if they were in a ballot box;

(b) "election documents", and "election papers" refer to those documents or papers that are directed by this Part to be transmitted to the Chief Electoral Officer by the returning officer after an election;

(c) "election officer" means the Chief Electoral Officer, a returning officer, election clerk, deputy returning officer, poll clerk or other person having a duty to perform in the conduct of an election and includes other employees of the office of the Chief Electoral Officer;

(d) "enumerator" means a person appointed under this Part to prepare a list of electors in a polling division;

(e) "former Act" means The Election Act, Chapter 106 of The Revised Statutes of Newfoundland, 1970;

(f) "nomination day" in relation to an election, means the day fixed in respect of that election for the official closing of nominations of candidates;

(g) "oath" includes affirmation and statutory declaration;

(h) "prescribed" means prescribed by regulations;

(i) "returning officer" means, in relation to an electoral district, the returning officer appointed for that district; and

(j) "speaker" means the Speaker of the House of Assembly or, when the office of speaker is vacant or the speaker is absent from the province or is unable to act, the Deputy Speaker of the House of Assembly or, when the office of the deputy speaker is vacant or the deputy speaker is absent from the province or is unable to act the Clerk of the House of Assembly or another officer of the House of Assembly temporarily performing the duties of the clerk.

DIVISION A
ELECTION ORGANIZATION

CEO

4. (1) There is established the office of the Chief Electoral Officer to be filled by resolution of the House of Assembly.

(2) The Chief Electoral Officer holds office during good behaviour and may only be removed by resolution of the House of Assembly.

(3) The Chief Electoral Officer shall report on his or her activities to the House of Assembly through the speaker.

(4) The Chief Electoral Officer shall be paid a salary determined by the Commission of Internal Economy of the House of Assembly.

(5) The Chief Electoral Officer shall be considered to be a person employed in the public service of the province for the purpose of the Public Service Pensions Act, 1991.

Duties of CEO

5. It is the duty of the Chief Electoral Officer

(a) to exercise general direction and supervision over the administrative conduct of elections and to enforce on the part of election officers fairness, impartiality and compliance with this Act;

(b) to issue to election officers those instructions that he or she considers necessary to ensure effective execution of this Act; and

(c) to perform all other duties that are imposed on him or her by or under this Act.

Acting CEO

6. (1) Where the Chief Electoral Officer is unable to act by reason of absence, incapacity, or other cause or the office is vacant, the Lieutenant-Governor in Council may appoint a person to act as Chief Electoral Officer in a temporary capacity.

(2) Subject to the terms of his or her appointment, a person who is acting Chief Electoral Officer has and may exercise all the powers of and shall discharge all the duties of the Chief Electoral Officer under this Act.

Staff

7. (1) There may be employed in the manner authorized by law those officers, clerks and employees that the Chief Electoral Officer considers necessary, and the Commission of Internal Economy of the House of Assembly approves, to enable the Chief Electoral Officer to perform his or her duties under this Act.

(2) Persons employed under subsection (1) are members of the public service of the province.

(3) Persons employed under subsection (1) are employees for the purpose of the Public Services Pensions Act, 1991.

(4) In carrying out his or her duties under this Act the Chief Electoral Officer may delegate to members of his or her staff those powers and duties of the Chief Electoral Officer that are necessary for the efficient administration of this Act.

Oath of officer

8. The Chief Electoral Officer and a person appointed to act as Chief Electoral Officer shall, before entering upon his or her duties, take the oath of allegiance and the official oath in the form and in the manner prescribed by the Oaths Act.

Budget

9. (1) The Chief Electoral Officer, through the speaker, shall submit annually to the Commission of Internal Economy of the House of Assembly for its approval, estimates of the sums that will be required to be provided by the Legislature for the payment of the salaries, allowances and expenses of the office of the Chief Electoral Officer under this Act during the next fiscal year.

(2) The commission shall review and may alter the estimates submitted under subsection (1) and, upon completion of the review, the Speaker of the House of Assembly shall submit the estimates as approved by the commission to the House of Assembly for the purpose of inclusion in the estimates of the province for approval by the Legislature.

Adaption of Part I

10. (1) Where during the course of an election it appears to the Chief Electoral Officer that, by reason of a mistake, miscalculation, emergency or unusual or unforeseen circumstance, a provision of this Part does not accord with the exigencies of the situation, the Chief Electoral Officer may, by particular or general instructions, extend the time for doing an act, increase the number of election officers or polling stations or otherwise adapt a provision of this Part to the execution of its intent, to the extent that he or she considers necessary.

(2) Notwithstanding subsection (1), the Chief Electoral Officer may not

(a) permit a nomination paper to be received by a returning officer on nomination day after the time provided for it to be received under this Part in respect of that day; or

(b) permit a vote to be cast before or after the hours fixed in this Part for the opening and closing of the poll on an ordinary polling day or on the days on which an advance poll is held.

(3) The Chief Electoral Officer shall, within 30 days of polling day, report to the speaker instructions issued under subsection (1).

(4) The speaker shall lay before the House of Assembly a report made under subsection (3) within 5 days after receiving it or if the House of Assembly is not then sitting within 5 days after the House of Assembly resumes sitting.

Returning officers appointed

11. (1) The Chief Electoral Officer shall appoint a returning officer for each electoral district in the province.

(2) The Chief Electoral Officer shall assign the duties of each returning officer and shall fix their remuneration on a scale approved by the Commission of Internal Economy of the House of Assembly.

(3) A returning officer is responsible to the Chief Electoral Officer for his or her actions.

(4) Each returning officer shall, before taking up office, swear an oath in the prescribed form.

(5) The oath of a returning officer shall be transmitted to the Chief Electoral Officer immediately after its completion.

Vacating office

12. (1) The office of a returning officer is not vacated unless he or she dies or unless, with the prior permission of the Chief Electoral Officer, he or she resigns, or unless he or she is removed from office under subsection (2).

(2) The Chief Electoral Officer shall remove from office a returning officer who

(a) ceases to be ordinarily resident in the electoral district for which he or she is appointed;

(b) is incapable, by reason of illness, physical or mental infirmity or otherwise, of satisfactorily performing his or her duties under this Part;

(c) has failed to discharge competently his or her duties under this Part; or

(d) has, after his or her appointment, conducted himself or herself in a politically partisan manner, whether or not in the course of the performance of his or her duties under this Part.

List in Gazette

13. The Chief Electoral Officer shall publish in the Gazette annually, a list of the names and addresses of the returning officers for each electoral district in the province.

Replacement appointed

14. Where the office of a returning officer becomes vacant, the appointment of a returning officer for that electoral district under section 11 shall be made within 60 days from the date on which the Chief Electoral Officer has been informed of the vacancy.

Election clerk appointed

15. (1) The returning officer shall, subject to the approval of the Chief Electoral Officer, appoint in writing an election clerk for each electoral district, who shall be a person qualified as an elector and ordinarily resident in the electoral district.

(2) An election clerk appointed under subsection (1) shall, before taking up office, swear an oath in the prescribed form.

(3) Where an election clerk dies, becomes disqualified or incapable of acting or refuses to act, or is removed from office for another reason, the returning officer, subject to the approval of the Chief Electoral Officer, shall at once appoint a substitute, who, before taking up his or her appointment, shall swear an oath as required by subsection (2).

Duty to notify CEO

16. (1) The returning officer or the election clerk shall immediately notify the Chief Electoral Officer where the returning officer becomes unable to act by reason of illness, absence from the electoral district or otherwise.

(2) The election clerk shall notify the Chief Electoral Officer of the death of the returning officer.

Acting returning officer

17. (1) Where a returning officer refuses or is unable to act or is disqualified from acting or is removed, the election clerk appointed for his or her electoral district is, until the appointment of a new returning officer, or until the returning officer again becomes able to act, responsible for the administration of a pending election and has the powers and responsibilities of a returning officer for the electoral district.

(2) A writ of election may, where the returning officer has died or become unable to act before the issue of the writ and before his or her successor has been appointed, be addressed to the election clerk.

(3) When an election clerk is required to act as returning officer at an election in the place of the returning officer he or she shall appoint an election clerk.

Additional election clerk

18. (1) On request by the returning officer of an electoral district, the Chief Electoral Officer may designate areas in that electoral district and may appoint an election clerk, in addition to the election clerk appointed under subsection 15(1), for each of these areas.

(2) The Chief Electoral Officer may,

(a) as authorized under subsection (1), appoint an election clerk and establish an office in each area so designated; and

(b) delegate, in writing, to each election clerk so appointed, in respect of the area for which he or she is appointed, the powers of a returning officer with regard to the selection and appointment of enumerators and deputy returning officers and the selection of polling stations.

(3) Sections 16 and 17 and subsection (1) of this section and subsection 19(2) do not apply to an election clerk appointed under this section.

Office and attendance

19. (1) Every returning officer shall,

(a) immediately upon the receipt of notice that a writ has been issued for an election in his or her electoral district, open an office in some convenient place in the electoral district from which he or she can be available to the electors;

(b) maintain an office throughout the election; and

(c) give public notice of the location of the office in the prescribed form, or in the manner that the Chief Electoral Officer may direct.

(2) Either the returning officer or the election clerk shall be on duty in the office of the returning officer during the hours that the polls are open.

(3) An office established or opened under subsection 18(2) or subsection (1) of this section may be maintained only throughout an election.

Acting as DRO prohibited

20. A returning officer or election clerk may not act as deputy returning officer or poll clerk at a polling station.

Ineligible election officers

21. (1) None of the following persons may be election officers under this Part, namely:

(a) members of the Executive Council;

(b) members of the Parliament of Canada or the House of Assembly;

(c) judges of the Supreme Court of Newfoundland, and judges of the Provincial Court of Newfoundland;

(d) persons who have been members of the Parliament of Canada or the House of Assembly in the session immediately preceding the election, or in the then present session of Parliament or of the House of Assembly, if the election takes place during that session;

(e) persons who have been found guilty by a competent tribunal of corrupt or illegal election practices or of an offence under this Act or the former Act;

(f) persons who are intending to be candidates; and

(g) persons made ineligible for appointment under section 22.

(2) A person may not be appointed returning officer unless he or she is qualified as an elector in an electoral district in the province.

(3) Except with the approval of the Chief Electoral Officer, a person may not be appointed deputy returning officer, election clerk or poll clerk, if he or she is not qualified as an elector in the electoral district where he or she is to act.

(4) A person who, within 30 days before an election,

(a) was in the service of a candidate; or

(b) is employed by a candidate or his or her scrutineer or another person on behalf of or in the interest of a candidate in or about an election,

may not be appointed deputy returning officer, election clerk, or poll clerk at that election.

Other ineligible persons

22. A person in the employ of a department of the government of the province or the Government of Canada may not hold an office in connection with an election.

DIVISION B
PREPARATION OF THE LIST OF ELECTORS

Qualified electors

23. Every Canadian citizen 18 years of age or more on polling day is qualified to vote at an election if he or she is ordinarily resident in the province immediately preceding the election.

At electoral districts

24. In order to vote at an election in a polling division in an electoral district a person shall be ordinarily resident in that electoral district on polling day in addition to being otherwise qualified to vote at that election.

Inclusion in list of electors

25. A person may have his or her name placed on the district list of electors for a polling division in an electoral district where he or she is qualified to vote in that polling division of the electoral district.

Ordinarily resident

26. For the purpose of this Part, the place where a person is ordinarily resident is determined in accordance with the following rules of residency:

Rules of Residency

I. The place where a person is ordinarily resident is that place in which he or she has his or her principal or only residence, home, lodging or habitation.

II. (1) A person may not have more than 1 place at a time in which he or she is ordinarily resident.

(2) A person who remains in the province retains his or her ordinary residence in the province as determined under Rule I until he or she has acquired another.

III. Notwithstanding Rule IV, a person who goes to a place either within or outside the province

(a) for a vacation or holiday;

(b) for a temporary purpose only; or

(c) to obtain medical or hospital care,

retains his or her ordinary residence in the province as determined under Rule I.

IV. A person who goes to a place outside the province for a continuous period of more than 6 months ceases to be ordinarily resident in the province, notwithstanding that he or she may intend to return at some future time.

V. Notwithstanding Rule IV, in the absence of evidence to the contrary, a person who has left his or her place of residence in the province to pursue a course of study at an educational institution either outside or within the province is considered to be ordinarily resident in the place where he or she was residing immediately before leaving to pursue the course of study, and he or she is considered to continue to have that ordinary residence until he or she completes or abandons the course of study.

VI. In the absence of evidence to the contrary, a person who has left his or her place of residence outside the province to pursue a course of study at an educational institution in the province is not ordinarily resident in the province.

VII. A prisoner held in custody in a provincial jail or penitentiary is considered to be ordinarily resident in the place where he or she was ordinarily resident immediately before his or her incarceration.

VIII. Notwithstanding Rule II(1), a member of the Senate or the House of Commons of Canada who at the time of becoming a member was ordinarily resident in the province, his or her spouse unless he or she is living apart from the member and the member's unmarried dependant children are considered to be ordinarily resident in the place in which the member was ordinarily resident at the time of becoming a member, notwithstanding that the member may have established a residence outside the province.

District list of electors

27. (1) Immediately after the commencement of this Part, the Chief Electoral Officer shall order the most recent list of electors prepared under the former Act to be revised for each electoral district in the province.

(2) An order under subsection (1) may direct each returning officer for each electoral district

(a) to superintend the revision of the list of electors for his or her electoral district;

(b) to arrange for the compilation of that list of electors in written form; and

(c) to perform the other duties assigned to him or her in respect of the revision of the list of electors.

Polling divisions

28. (1) Before a district list of electors is revised within an electoral district, the returning officer for that district shall, under the direction of the Chief Electoral Officer, divide the electoral district into parts, to be known as polling divisions, giving proper regard to the geographical and all other factors that might affect the convenience of the electors in casting their votes.

(2) A polling division shall wherever practicable contain no more than 275 electors.

(3) All the polling divisions within an electoral district shall be numbered consecutively commencing with "1".

Urban and rural divisions

29. (1) The Chief Electoral Officer may designate as urban polling divisions the polling divisions situated in a city or town or group of contiguous communities having a population of more than 5,000.

(2) All polling divisions not designated urban polling divisions are rural polling divisions.

Appointment of enumerators

30. (1) Each returning officer shall, under the direction of the Chief Electoral Officer, appoint enumerators to revise the list of electors for the polling divisions located in his or her electoral district.

(2) When appointing an enumerator a returning officer shall make the appointment in accordance with the prescribed form.

(3) Each person appointed an enumerator shall take an oath in the prescribed form before proceeding to revise the list of electors for a polling division.

(4) A person may be appointed an enumerator for the number of polling divisions that the returning officer considers advisable but in no case may more than 3 polling divisions be assigned to 1 enumerator.

List of enumerators

31. (1) Each returning officer shall make out and keep a list containing the name and address of each enumerator appointed by him or her and a description of each polling division for which the enumerator was appointed.

(2) When a returning officer has completed the list referred to in subsection (1), he or she shall send a certified copy of the list to the Chief Electoral Officer.

Removal, etc. of enumerators

32. (1) A returning officer may remove, suspend, reappoint, or reinstate an enumerator for a polling division or appoint another to act in his or her place.

(2) An enumerator replaced under subsection (1) shall, on request in writing signed by the returning officer, deliver to the new enumerator the badge, list of electors, and other papers or information that he or she has obtained or prepared in the performance of his or her duties.

Enumerator's badge

33. Where revising a list of electors under section 35, an enumerator shall wear in a place to be easily seen the enumerator's badge provided by the Chief Electoral Officer and carry on his or her person their written appointment as evidence of the enumerator's authority to register the names of the electors residing in the polling division.

Enumerator's list of electors

34. An enumerator shall to the best of his or her knowledge and belief, revise the list of all qualified electors resident in each polling division for which the enumerator has been appointed.

House-to-house visits

35. (1) The enumerators shall ascertain or verify the names and other prescribed information of the electors referred to in section 34 by making house-to-house visits or by reference to other sources of information available to them.

(2) An enumerator shall provide each elector enumerated with a copy of the information obtained from the elector.

Urban lists

36. In urban polling divisions where dwelling houses are designated by street and number, the lists referred to in section 34 shall be revised geographically in the prescribed form, and in all the other urban polling divisions the lists shall be revised alphabetically in the prescribed form.

Rural lists

37. In rural polling divisions the lists referred to in section 34 shall be revised alphabetically in the prescribed form.

Time for making list

38. Every list of electors for a polling division is to be revised within the period that the returning officer may determine, but the returning officer may extend the period for a polling division.

List and copies, how dealt with

39. (1) When an enumerator has completed the revision of the list of electors for a polling division, he or she shall make an original and 3 copies of it and endorse at the end of the list and of each copy a certificate in the prescribed form.

(2) The enumerator shall

(a) deliver personally or send to the returning officer the revised list of electors for the polling division and 2 certified copies of it; and

(b) send to the Chief Electoral Officer 1 certified copy of the revised list of electors for the polling division.

Inclusion of names in list

40. (1) Where an enumerator has completed the revision of the list of electors for a polling division, he or she shall, by advertisement directed to the electors in that polling division, call on each elector in the polling division who was not included in the list to apply, not later than the date contained in the advertisement, in writing or in person to be included in the list.

(2) An enumerator who, between the date that he or she completes the revision of the list of electors for a polling division and the final revision for that polling division, receives from a person an application to be included in that list of electors for the polling division shall as soon as he or she receives it forward the application to the returning officer for the polling division to which the application relates.

Retention of list of electors

41. The returning officer shall retain the revised lists of electors for a polling division supplied by an enumerator, and the 2 certified copies delivered or forwarded to him or her under section 39 for use at the final revision.

Retention of copies

42. One copy of a list of electors for a polling division referred to in section 41 shall be kept at the office of the returning officer for a period of not less than 12 months after the final revision made in respect of the list of electors for that polling division.

Omission of electors' name

43. An elector whose name has been omitted from the list of electors for a polling division may, before the date prescribed for the final revision of the list of electors in respect of that polling division, apply in the prescribed form to the revising officer to have his or her name added to the list.

Revision

44. (1) As soon as the enumerators for a polling division have been appointed, the returning officer for the electoral district in which the polling division is located, shall, subject to the approval of the Chief Electoral Officer, assemble those polling divisions in groups and determine the place at which a final revision is to be conducted for each group, and set the day on which the final revision will be conducted for each place.

(2) A final revision may be conducted at 1 place for a number of polling divisions.

Notice of revision

45. (1) As soon as the places and days for conducting a final revision in respect of a polling division have been determined and set in accordance with section 44, the returning officer

(a) shall prepare copies of a public notice in the prescribed form setting out the days on and the hours during which a final revision will be conducted at the several places approved by the returning officer under that section; and

(b) by advertisement directed to the electors in the polling divisions affected of the time and place at which the final revision will be conducted.

(2) The advertisement referred to in subsection (1) shall be broadcast or published in a polling division at least 2 days before the final revision begins in the place determined under section 44 for that polling division.

Conducting revision

46. (1) Every returning officer shall conduct a final revision at the places determined and on the days and during the hours set, in accordance with this Part.

(2) A final revision is open to the public.

(3) Where a returning officer is unable to conduct a final revision on the day or during the hours set for it he or she shall proceed at that place as soon as possible afterward.

Matters for revision

47. (1) In conducting the final revision of the list of electors for a polling division, the returning officer shall dispose of

(a) every application made by a person who before the start of the final revision applied to the returning officer or to an enumerator to have his or her name added to the list of electors for the polling division and a verbal application made by a person at the proceeding to have his or her name added; and

(b) an application made to the returning officer before the end of the proceeding for the correction of the name or the particulars of an elector appearing on the list.

(2) Where the returning officer is satisfied that the name of a person entitled to have his or her name inserted in the list of electors has been omitted, the returning officer shall add that name to the list.

Extending time

48. A returning officer may extend the period for conducting the final revision.

Appeal from revision

49. (1) A person who claims to be an elector may appeal from a decision of a returning officer conducting a final revision relating to his or her right to have his or her name included in a list of electors for a polling division.

(2) A person who intends to appeal under subsection (1) shall, within 7 days after the decision of the returning officer, give notice of the appeal to the returning officer.

(3) When a notice of appeal is given under subsection (2), the appeal lies to a Provincial Court judge.

(4) A Provincial Court judge hearing an appeal under this section has all the powers of a returning officer conducting a final revision; and that judge may try to settle the matter of the appeal as if in all respects he or she were acting as a returning officer in the first instance.

Lists altered on appeal

50. (1) Where a Provincial Court judge on hearing an appeal under section 49 orders that the decision of a returning officer from which the appeal was taken be altered or reversed, the judge shall forward the order to the returning officer concerned and to the Chief Electoral Officer.

(2) The Chief Electoral Officer shall order the alteration or other correction directed by the order to be made in the original of the revised list of electors for the polling division.

Duties on close of court

51. (1) When the final revision has been concluded, the returning officer shall

(a) attach at the end of each original revised list of elector for a polling division revised by him or her a certificate, in the prescribed form, signed by him or her; and

(b) record on the remaining copy of the list of electors for a polling division retained by him or her under section 41, all additions, deletions or other alterations made on the revised original list during the final revision and attach at the end of that copy a certificate, in the prescribed form, signed by him or her.

(2) Where the requirements of subsection (1) have been complied with, the returning officer shall forward to the Chief Electoral Officer each original revised list of electors for a polling division referred to in paragraph (1)(a) and retain in his or her office a certified copy of that list as required by section 42.

(3) All original revised lists of electors for polling divisions filed at the office of the Chief Electoral Officer under subsection (2) shall be kept for a period of not less than 2 years from the date they are filed.

Where original list is lost

52. Where an original revised list of electors for a polling division forwarded to the Chief Electoral Officer by a returning officer has been lost or damaged so as to be illegible, the Chief Electoral Officer may obtain and use in place of the original list the certified copy kept at the office of the returning officer under section 42.

Names on supplementary list included

53. In addition to the names added to the list of electors prepared in October, 1988 under the former act as a result of the revision conducted under sections 27 to 51 of this Act, the Chief Electoral Officer shall include those names of electors on the supplementary list as defined by the former Act who were sworn on polling day April 20, 1989.

Permanent List of Electors

54. (1) When the Chief Electoral Officer has revised the lists of electors as ordered under section 27 and included the names of electors on the supplementary list under section 53

(a) he or she shall place the lists in a record to be maintained by him or her, to be known as the Permanent List of Electors; and

(b) he or she shall maintain the Permanent List of Electors in a form so that he or she can extract in written or other form a list of electors for a polling division or all polling divisions in an electoral district for publication in the form, at the time and in the manner that may be required for a general election or by-election under this Part.

(2) The Permanent List of Electors required by this section to be prepared and maintained may be in a bound or loose-leaf form or in a photographic film form, or may be entered or recorded by a system of mechanical or electronic data processing or another information storage device that is capable of reproducing required information in intelligible written form within a reasonable time.

Use of lists

55. (1) The list of electors prepared, revised, compiled and recorded under this Part may be used as the list of electors for an electoral district at an election held in the electoral district after the commencement of this Part.

(2) The Lieutenant-Governor in Council may order that the last list of electors that was prepared, revised, compiled and certified under this Part be used at an election held on a date occurring within the period of 2 years immediately following the commencement of this Part whether or not the placing of those lists in the Permanent List of Electors is completed.

(3) Notwithstanding subsection (1) or (2), the list of electors prepared, revised compiled and printed in accordance with the former Act may be used as the list of electors under this Part at an election held after the commencement of this Part and before the expiration of 5 years from the date on which the printing of those lists of electors for the province under the former Act was completed.

(4) The list of electors shall not be used for any purpose other than that for which it was prepared or other use prescribed by law.

Updating list

56. (1) The Permanent List of Electors may be revised and corrected in accordance with the procedures contained in sections 27 to 53.

(2) In the public interest and at least 5 years after the last revision the Chief Electoral Officer shall

(a) extract from the Permanent List of Electors and prepare in written form lists of electors for the polling divisions in an electoral district;

(b) direct the returning officer of the district to apply sections 27 to 53, with the necessary changes, to provide the Chief Electoral Officer with current corrected lists of electors for the polling divisions within the electoral district;

(c) add the names of those electors sworn at the polls during the immediately preceding election;

(d) add the names of those electors who have applied to have their names added and who are eligible to have them added; and

(e) revise and correct the Permanent List of Electors to correspond with the current corrected list of electors provided to him or her under paragraph (b) by the returning officer and by including the names of those electors added under paragraphs (c) and (d).

DIVISION C
PREPARATION OF THE POLL

Calling an election

57. (1) An election is begun by a proclamation of the Lieutenant-Governor in Council.

(2) A proclamation under subsection (1) shall

(a) appoint a day and place for the close of nomination of candidates and fix the polling day in each electoral district in which the election is to be held;

(b) direct the issue of a writ of election for each electoral district in which an election is to be held; and

(c) fix the date on which the writs will be issued and direct that they be returned at the time and in the manner provided in Division E.

Polling day

58. The day of polling to be fixed by the proclamation required under section 57 shall be a day not less than 30 clear days from the date of the proclamation.

Nomination day

59. The day to be appointed by the proclamation required under section 57 for the close of nominations of candidates shall be the 15th day before the day of polling.

General election day

60. Where an election is a general election, it shall be held on the same day in each district.

Issue of election writ

61. (1) A writ of election shall

(a) be issued by the Chief Electoral Officer in conformity with the instructions of the Lieutenant-Governor in Council as contained in the proclamation issued under section 57 in the prescribed form;

(b) be dated on the day fixed by the Lieutenant-Governor in Council by his or her proclamation issued under section 57;

(c) be directed to the returning officer of the electoral district in respect of which it is issued; and

(d) be forwarded to that returning officer immediately after it is issued.

(2) A writ of election is returnable at the time and in the manner required by Division E.

Withdrawal of writ

62. (1) Where a returning officer to whom a writ of election has been directed refuses or is unable to act or is disqualified from acting or is removed and there is no one able under Division A to act in place of that returning officer, that writ may be withdrawn by the Chief Electoral Officer and another writ of election may be issued which shall be directed to the person in the electoral district concerned that the Chief Electoral Officer may designate.

(2) The person to whom another writ of election has been directed under subsection (1) is then the returning officer for the electoral district to which the writ relates.

(3) Where a writ of election has been withdrawn a notice of withdrawal in the prescribed form shall be published in a special or ordinary issue of the Gazette.

Election supplies

63. The Chief Electoral Officer shall, as soon as practicable after the date of issue of the writ of election, transmit to the returning officer to which the writ relates, a sufficient number of copies of this Act, instructions issued under it, copies of the list of electors for the electoral district in which the returning officer acts, poll books, other books, forms and other supplies for the proper conduct of the election.

Appointment of DRO

64. (1) As soon as convenient after the issue of the writ of election, the returning officer shall, subject to the approval of the Chief Electoral Officer, in writing, in the prescribed form, signed by him or her, appoint a deputy returning officer for each polling station established in his or her electoral district.

(2) A deputy returning officer shall before acting swear an oath in the prescribed form, which shall be forwarded immediately to the returning officer.

(3) The returning officer shall keep a list of the names and addresses of the deputy returning officers showing the polling station for which each has been appointed, and shall permit an opportunity for inspection of the list by a candidate, scrutineer or elector at any time up to the opening of the poll.

Appointment of poll clerks

65. (1) A deputy returning officer shall, subject to the approval of the returning officer, immediately after his or her appointment, appoint, in writing in the prescribed form, a poll clerk, who before acting shall swear an oath in the prescribed form.

(2) The form of appointment and oath of office shall be printed in the poll books.

Poll clerk as DRO

66. (1) Where a deputy returning officer refuses or is unable to act or is disqualified from acting or is removed and no other person is appointed in his or her place, the poll clerk without taking another oath of office, shall act as deputy returning officer.

(2) When the poll clerk acts as deputy returning officer he or she shall, by writing in the prescribed form, which shall be printed in the poll book, in his or her turn appoint another poll clerk, who before taking up his or her appointment, shall swear the oath in the prescribed form.

Qualifications of candidates

67. Every Canadian citizen who is at least 18 years of age on nomination day and who

(a) is ordinarily resident in the province immediately preceding nomination day; and

(b) is not disqualified by this or another Act for election to or from sitting in the House of Assembly,

is qualified to be nominated as a candidate at an election, whether or not he or she is qualified to vote in the electoral district in which he or she is nominated.

Nominating candidate

68. (1) Ten or more electors qualified to vote in an electoral district for which an election is to be held may nominate a candidate for the electoral district

(a) by signing a nomination paper in the prescribed form stating the nominee's name, the place where he or she is ordinarily resident, and his or her address for service of process and papers under this Act and his or her political affiliation; and

(b) by filing the nomination paper with the returning officer between the date of the proclamation commencing the election and the close of nominations.

(2) A returning officer shall not refuse to accept a nomination paper for filing by reason of the ineligibility of the candidate nominated, unless the ineligibility appears on the nomination paper.

(3) A nomination paper that a returning officer has refused to accept for filing may be replaced by another nomination paper or may be corrected, except that a new or corrected nomination paper shall be filed with the returning officer not later than the time for the close of nominations.

Proof required

69. (1) In respect of a nomination paper, the returning officer shall require proof by affidavit in the prescribed form that

(a) not less than 10 of the persons, naming them, who have signed the nomination paper are qualified electors in the electoral district for which the election is to be held; and

(b) the consent of the candidate was signed on the nomination paper in the presence of the person who witnessed the signature, or that the person named as candidate is absent from the province.

(2) The person who signed the affidavit referred to in subsection (1) shall be the person who witnessed the signing by the candidate of the nomination paper, if the candidate was not absent from the province.

Conditions to be met

70. (1) A nomination paper shall be accompanied by

(a) the consent in writing of the person nominated in it except where that person is absent from the province when the absence shall be stated in the nomination paper;

(b) an affidavit of the candidate as to his or her qualifications, in the prescribed form, including the party affiliation of the candidate, where the candidate is affiliated with a party;

(c) a statement signed by the leader of the party to which the candidate claims affiliation verifying the affiliation of the candidate;

(d) a deposit of $100 in legal tender or a certified cheque made payable to the Chief Electoral Officer for that amount to be held in trust by the Chief Electoral Officer;

(e) the name and address of the chief financial officer appointed under section 302 either of the appropriate registered district association where the candidate is affiliated with a political party or the candidate's own where he or she is a non-affiliated candidate; and

(f) the name and address of the auditor appointed under section 308 who shall sign a statement stating that he or she has accepted the appointment as auditor.

(2) The returning officer may not accept a deposit until all the other steps necessary to complete the nomination of the candidate have been taken, and upon his or her accepting a deposit the returning officer shall give the person by whom it is paid a receipt.

(3) The receipt of the returning officer under subsection (2) is conclusive proof that the candidate has been officially nominated.

(4) Where a candidate has the endorsement of a registered party and wishes to have the name of the party shown in the election documents relating to him or her, an instrument in writing, signed by the leader of the party and stating that the candidate is endorsed by the party shall be filed with the returning officer at the time the nomination paper is filed.

(5) Where an instrument referred to in subsection (4) is not filed and the candidate does not wish to be described in the election documents relating to him or her by the word "non-affiliated", a request in writing signed by the candidate and asking that the word "non-affiliated" be omitted from the description in the election documents shall be filed with the returning officer at the time the nomination paper is filed.

(6) The name of a candidate shall not include a title, degree or other prefix or suffix but may include a nickname.

Party's endorsement

71. (1) A registered party may, with respect to an election, give its endorsement to only 1 candidate in each electoral district.

(2) Where a candidate who has been given the endorsement of a registered party dies or withdraws, the party may give its endorsement to another candidate in that electoral district.

Political affiliation

72. (1) Where an instrument is filed in accordance with subsection 70(4), the political affiliation of the candidate shall be stated as being the registered party named in the instrument.

(2) Where no instrument or request is filed in accordance with subsection 70(4) or (5), the political affiliation of the candidate shall be described by the word "non-affiliated".

(3) Where a request is filed in accordance with subsection 70(5), the candidate shall not be described as having any political affiliation or described by the word "non-affiliated".

Disposal of deposit

73. (1) The returning officer shall, immediately after receiving it, transmit to the Chief Electoral Officer a deposit paid under section 70.

(2) The amount deposited by a candidate under section 70 shall

(a) where the district association of the registered party with whom the candidate is affiliated or, where the candidate is a non-affiliated candidate and therefore personally is entitled, under section 318, to be reimbursed in respect of his or her election expenses, be returned to the candidate;

(b) where the candidate dies before the closing of the poll, be returned to the personal representative of the candidate;

(c) where the writ of election for an electoral district is withdrawn, be returned to the candidate; or

(d) where a candidate is acclaimed, be returned to the candidate.

(3) A deposit that is not repayable to a candidate under this section shall be remitted by the Chief Electoral Officer to the Minister of Finance to be remitted to the Consolidated Revenue Fund.

Closing nominations

74. (1) At 10:00 a.m. on nomination day the returning officer and election clerk shall both attend at the place stated in the proclamation authorizing the election, and shall remain there until 2:00 p.m. of the same day for the purpose of receiving nominations of candidates who have not already been nominated.

(2) After 2:00 p.m. on nomination day no further nomination may be received.

(3) At the close of the time for nominating candidates the returning officer shall deliver to each candidate or his or her scrutineer who applies for it, a certified list of the names of candidates who have been nominated.

(4) The Chief Electoral Officer

(a) as soon as possible following the issue of a writ of election, shall furnish to each political party registered under Part III a copy of the list of electors for the electoral districts involved in the election; and

(b) on nomination day or as soon afterward as possible, shall furnish to each candidate a copy of the list of electors for the electoral district in which that candidate is nominated.

(5) In addition to the printed copy of the list of electors provided under subsection (4), the Chief Electoral Officer shall, on request, provide a copy of the list in a form capable of being stored and used in a system of mechanical data processing or another system for information storage and retrieval.

Return of nominations

75. The returning officer shall report on the nomination proceedings held before him or her to the Chief Electoral Officer, listing the names of the candidates nominated and the names of persons rejected for non-compliance with this Part.

Withdrawal of candidate

76. (1) A candidate who is nominated may, not later than 48 hours before the opening of the poll, withdraw, by filing with the returning officer, a declaration in writing to that effect, signed by the candidate and attested by the signature of 2 qualified electors in the electoral district.

(2) The deposit of a candidate who withdraws in accordance with this section is forfeited and is to be credited to the Newfoundland Exchequer Account.

(3) When a candidate withdraws in accordance with this section and there remains but 1 candidate in the electoral district following nomination day, the returning officer shall make a return in the prescribed form declaring as elected the candidate remaining, without waiting for the day fixed for holding the poll.

(4) When a candidate withdraws in accordance with this section after the notice of the granting of the poll has been printed, the returning officer shall advise each deputy returning officer in his or her electoral district of the withdrawal.

(5) On polling day each deputy returning officer

(a) shall prepare and post in a conspicuous place in his or her polling station a notice of every withdrawal made in accordance with this section; and

(b) when delivering a ballot to each elector shall inform the elector of the withdrawal.

Death of candidate

77. (1) Where a candidate dies after the close of the nominations and before the closing of the polls on polling day, the returning officer shall, with the approval of the Chief Electoral Officer, cancel notice of the poll and fix another day for the nomination of candidates.

(2) Notwithstanding that another day for this nomination of candidates is fixed under subsection (1), a candidate who was nominated at the time of the countermand of the poll need not be again nominated.

(3) The returning officer shall by an advertisement in the prescribed form fix a day for the nomination of candidates and a day for the holding of the poll.

(4) The day fixed for nominations shall be no more than 30 days and no less than 20 days after the death of the candidate.

(5) Polling day for the election of a person under this section shall be not later than 10 days after the close of nominations.

(6) Where notice of the poll is cancelled under subsection (1) and a candidate withdraws before the day fixed under that subsection for nominations, the Minister of Finance shall return to that candidate the amount deposited under section 70.

Election by acclamation

78. (1) Where only 1 candidate is nominated the returning officer shall immediately after the close of nominations on nomination day make his or her return to the Chief Electoral Officer in the prescribed form declaring that the candidate is elected for the electoral district.

(2) The returning officer shall within 48 hours send a duplicate or certified copy of the return made under subsection (1) to the person elected.

Granting a poll

79. Where there is more than 1 candidate the returning officer shall grant a poll for taking the votes of the electors.

Public notice of poll

80. (1) Within 2 days after the poll has been granted, the returning officer shall post at a conspicuous place in each polling division in his or her electoral district a notice in the prescribed form of his or her having granted the poll.

(2) The notice shall state

(a) the names and party affiliations of the candidates nominated, in the order in which they are to be printed on the ballot;

(b) the polling stations established by the returning officer at which the poll will be taken within the polling divisions; and

(c) the boundaries and locations of the polling divisions.

Polling stations

81. (1) The poll shall be held in 1 or more polling stations established for each polling division in premises of convenient access, being public buildings if possible, with an outside door for admittance of electors, and having, if possible, another door through which electors may leave after voting.

(2) The returning officer shall designate for each polling division a suitable polling station or stations having regard to the convenience of the electors in the polling division.

(3) The entrances and facilities of each polling station in a polling division shall, where possible, be accessible to electors in the polling division who are physically disabled.

(4) Where a polling station is not accessible to electors who are physically disabled, the returning officer shall ensure that a convenient alternative is provided to enable those electors to vote.

(5) Each polling station shall contain 1 or more voting compartments so arranged that each elector will be screened from observation and can without interference or interruption mark his or her ballot.

(6) In each voting compartment there shall be provided for the use of electors in marking their ballots a table or desk with a hard smooth surface and a suitable black lead pencil.

(7) The poll shall be opened at 8:00 a.m. and kept open until 8:00 p.m. in the evening of the same day.

(8) During the hours prescribed by subsection (7), each deputy returning officer shall, in the polling station for which he or she has been appointed, receive the votes of the electors qualified to vote at the polling station.

Central polling places

82. (1) The returning officer may, and upon the direction of the Chief Electoral Officer shall, establish in a city or town, central polling places at which the polling stations of 1 or more of the polling divisions of that city or town may be located.

(2) Upon the establishment of a central polling place, the provisions of this Part apply as if each polling station at the central polling place were situated within the polling division of the electoral district to which it belongs.

Extra polling stations

83. With the approval of the Chief Electoral Officer, where the number of names on the list of electors for a polling division exceeds 325 or where he or she considers it appropriate to do so, the returning officer may provide 2 or more polling stations for the polling division in order to allow as nearly as possible an equal number of persons to vote at each polling station.

Change in polling stations

84. The returning officer may, with the approval of the Chief Electoral Officer, on or before polling day, if he or she considers it necessary or desirable to do so,

(a) change the location of polling stations previously established by him or her; or

(b) establish additional polling stations,

and if the location of a polling station is changed or an additional polling station is established, the returning officer shall, if the circumstances permit, post a notice of the change or addition as soon as possible afterward at a conspicuous place in the polling division concerned.

Division of list of electors

85. (1) Where the returning officer establishes more than 1 polling station in a polling division, the list of electors shall be divided so that the electors assigned to each polling station appear on a separate list alphabetically, and the polling stations shall be designated by the number of the polling division to which shall be added the letters A, B, C and so on.

(2) To each portion of the list of electors that is divided under this section, the returning officer shall append a special certificate signed by himself or herself, in the prescribed form, attesting to its correctness before sending it to the deputy returning officer for a polling station at which it is to be used for the taking of the votes on polling day.

Proxy for elector

86. (1) Where an elector whose name appears on the list of electors for a polling division and who is otherwise qualified under this Part to vote but who is or will be unable to vote because he or she is

(a) a person who has reason to believe that on the day fixed for polling at that election, he or she will be absent from and unable to vote in the polling division in which he or she is ordinarily resident;

(b) in service in the merchant marine of Canada or of another country;

(c) detained in a penitentiary or jail in the province;

(d) a fisher in the course of his or her occupation;

(e) a patient in a hospital as defined by the Hospitals Act but including similar hospitals owned or operated by Her Majesty in right of Canada or an agency of Her Majesty in right of Canada;

(f) a full-time student at an educational institution situated within or outside the province;

(g) a worker employed at a construction site that is located at such a distance from his or her polling division that he or she would not conveniently be able to vote; or

(h) a person who because of his or her illness or disability is confined to his or her residence

he or she may, by an application in the prescribed form to the returning officer of the electoral district in which the elector is qualified to vote, authorize another person who is a qualified elector in the same electoral district and polling division in the district to vote on his or her behalf in a specified election in that electoral district.

(2) An application under subsection (1) shall contain a certificate in the prescribed form in the case of a student, signed by the registrar of the educational institution that the applicant is a full-time student described in paragraph (1)(f).

(3) An application under subsection (1) shall contain declarations in the prescribed form verifying

(a) that the applicant is a person referred to in subsection (1) and qualified to vote in a polling division of the electoral district in the election in respect of which the application is made; and

(b) that the proxy designated in the application is an elector qualified to vote in the same electoral district in the same election as the applicant.

(4) An application under subsection (1) shall be received by the returning officer at least 4 days before polling day.

(5) If satisfied that the requirements of this section have been complied with, the returning officer shall issue a proxy certificate entitling the person designated in it to vote at the polling division and electoral district specified on behalf of the elector for whom the proxy is designated.

(6) No more than 1 proxy certificate may be issued for 1 elector in respect of an election, except where the proxy dies or becomes unable to cast a vote by reason of illness or mental incapacity.

(7) A person may not be a proxy for more than 1 elector at an election.

(8) Where, because of geographic remoteness, an elector cannot conveniently apply to a returning officer as required by subsection (1), he or she may apply instead to a deputy returning officer or a justice of the peace and the deputy returning officer or justice of the peace has all the powers of a returning officer with respect to the issue of a proxy certificate.

Adjourned or deferred poll

87. (1) Notwithstanding paragraph 10(2)(b), where because of obstruction or delay due to weather, or where for another appropriate reason, a returning officer or a deputy returning officer is prevented or hindered from proceeding with or taking the poll in a polling division or in a part of a division, the returning officer may, with the prior approval of the Chief Electoral Officer, direct that the taking of the poll in that polling division or part be adjourned or deferred until the next day, not being Sunday or a holiday as defined in the Labour Standards Act, and the next succeeding day also, if necessary, in order to complete the taking of or to take the poll.

(2) Where the taking of the poll is adjourned or deferred under subsection (1), the returning officer shall, if the circumstances permit, post a notice of the adjournment or deferral as soon as possible afterward at a conspicuous place in the polling division concerned.

(3) Where the taking of a poll is adjourned or deferred under subsection (1), the taking of the poll shall be completed or the poll shall be taken on the day to which the taking has been adjourned or deferred.

(4) An adjourned or deferred poll shall be conducted in all respects in the same manner as is provided by this Part for the holding of the poll on the ordinary day of polling and is, in all respects and for all purposes, of the same effect as if it had been held on the ordinary day of polling.

Procuring ballot boxes

88. (1) The Chief Electoral Officer may provide for each electoral district those ballot boxes that are required in the district, or may give to the returning officer instructions to obtain ballot boxes of uniform size and shape for the electoral district.

(2) Where the returning officer fails to furnish a ballot box to the deputy returning officer for a polling station, within the time prescribed by this Part, the deputy returning officer shall otherwise procure one.

Construction of ballot box

89. (1) Each ballot box shall be made of some durable material with a slit or narrow opening in the top and to which the special seals prescribed by the Chief Electoral Officer can be affixed.

(2) Each ballot box shall be so constructed that ballots can be put into the box and cannot be taken from the box without unsealing and opening it.

Ownership

90. The property in ballot boxes, ballots, poll books and other documents procured for or used at an election is vested in the Crown.

Ballots and contents

91. (1) The ballot of each elector is a printed paper, in this Part called a "ballot", on which there shall be printed the names and party affiliations of the candidates for the electoral district

(a) alphabetically arranged in the order of their surnames; or

(b) if there are in the electoral district 2 or more candidates with the same surname, alphabetically arranged in the order of their other names,

exactly as those names, and party affiliations are set out in the nomination papers except that the surname of each candidate shall appear 1st, followed by a comma and the remaining particulars of the candidate's names.

(2) Each ballot shall have a counterfoil and a stub, and have a line of perforations between the ballot and the counterfoil and between the counterfoil and the stub.

Printing ballots

92. (1) The ballots shall be printed upon sheets of ballot paper, and the ballot paper shall be of a grammage of not less than 105 grams per square meter for every 1,000 sheets 43 centimetres by 56 centimetres in size.

(2) The ballots shall be numbered on the back of the stub and of the counterfoil, the same number being printed on the stub as on the counterfoil.

(3) The ballots shall be bound or stitched in books containing 50 for the purpose of supplying the polling stations according to the number of electors in each.

(4) The ballots shall bear on the back the name and address of the printer.

(5) The printer shall, upon delivering the ballots to the Chief Electoral Officer or the returning officer deliver with them an affidavit in the prescribed form, setting out

(a) the description of the ballots printed by him or her;

(b) the number of ballots printed and delivered; and

(c) the fact that no other ballots for that electoral district have been printed by him or her or supplied by him or her to another person.

Ballots to returning officer

93. (1) The Chief Electoral Officer shall furnish to the returning officer of each electoral district a sufficient number of ballots for the purpose of the election to be held in that electoral district.

(2) The Chief Electoral Officer may direct the returning officer for the electoral district to arrange for the printing of the ballots to be used in that electoral district and in that case the Chief Electoral Officer shall furnish to the returning officer a sufficient quantity of sheets of ballot paper for that purpose.

Supplies to DRO

94. (1) The returning officer shall furnish to each deputy returning officer as soon as it is reasonably possible before the opening of the poll on polling day

(a) a sufficient number of ballots for at least the number of electors on the list of electors to be used at the polling station for which he or she has been appointed;

(b) a statement showing the number of ballots supplied together with their serial numbers;

(c) the necessary materials including brailled templates for electors to mark their ballots;

(d) at least 5 copies of printed directions in the prescribed form, for the guidance of electors in voting;

(e) a copy of this Act and a copy of the instructions referred to in section 63;

(f) the list of electors for use at the polling station for which the deputy returning officer has been appointed;

(g) a ballot box and seals;

(h) a poll book;

(i) the several forms of oaths to be administered to electors; and

(j) necessary envelopes and other forms and supplies authorized or furnished by the Chief Electoral Officer.

(2) Until the opening of the poll, the deputy returning officer

(a) shall keep the supplies referred to in paragraph (1)(e) carefully in his or her possession;

(b) shall keep the poll book, list of electors, forms of oaths, envelopes, ballots and other supplies except those referred to in paragraph (1)(e) carefully stored in the ballot box; and

(c) shall take every precaution for the safe-keeping of the ballot box and its contents and to prevent a person from having unlawful access to them.

DIVISION D
PROCEEDINGS AT THE POLL

Posting up directions

95. The deputy returning officer shall, on polling day, at or before the opening of the poll, post the printed directions to electors that have been supplied to him or her at conspicuous places near the polling station and in each voting compartment of the polling station.

Sealing of ballots

96. (1) At the time fixed for the opening of the poll, the deputy returning officer and the election clerk or a qualified elector shall open the ballot box and ascertain that there are no ballots or other papers or material enclosed in them and shall certify that fact in the poll book.

(2) The ballot box shall then

(a) be sealed in a manner to prevent its being opened without breaking the seal; and

(b) be placed on a table in full view of all present.

(3) The ballot box shall be kept on the table until the close of the poll except where the box is moved in accordance with section 81.

Who may enter polling station

97. (1) No person shall enter a polling station except an elector whose polling station it is, an election officer, a candidate for the electoral district in which the polling station is located and a scrutineer.

(2) No person other than the deputy returning officer, the poll clerk, the candidates for the district and their scrutineers shall remain in a polling station.

(3) As soon as he or she is admitted to the polling station a scrutineer shall deliver his or her written appointment to the deputy returning officer.

(4) Each of the scrutineers of the candidates, before being permitted to remain in the polling station shall swear an oath in the form prescribed to keep secret the name of the candidate for whom an elector has marked his or her ballot in the scrutineer's presence.

(5) The oath sworn by a scrutineer under subsection (4) shall refer to the polling station for which the scrutineer is appointed and a scrutineer shall not be present at a polling station for which he or she has not been sworn.

(6) Only 1 scrutineer for each candidate may be present at a polling station at a time and the scrutineer present at the close of the poll may remain there until the votes have been counted.

Presumption of agency

98. A person who produces to the returning officer or deputy returning officer a written authority from a candidate to represent him or her at the election or at a proceeding of the election, is presumed to be a scrutineer of that candidate.

Voting by election officers

99. When a deputy returning officer, poll clerk, or scrutineer, is entitled to vote at an election in an electoral district, he or she has on swearing the prescribed oath the right to vote at the polling station where he or she is actually engaged during polling day, if that polling station is in the electoral district in which he or she is entitled to vote, instead of at the polling station where he or she would otherwise have been entitled to vote.

Scrutineers entitlement

100. Where the scrutineers entitled to be present in the polling station during the hours of polling are in attendance at least 15 minutes before the hour fixed for the opening of the poll, they are entitled

(a) to have the ballots intended for use at the poll carefully counted in their presence before the opening of the poll; and

(b) to inspect the ballots and all other papers, forms and documents relating to the poll.

Right of candidate

101. A candidate may personally undertake the duties that his or her scrutineer, if appointed, might have undertaken, or the candidate may assist his or her scrutineer in the performance of those duties, and may be present at a place at which his or her scrutineer is authorized to attend.

Validity preserved

102. Where in this Part an act or thing is required to be done in the presence of the scrutineer of a candidate, the absence of that person does not invalidate the act or thing done if it is otherwise done in accordance with this Part.

Beginning of voting

103. (1) Immediately after the ballot box is sealed, under section 96, the deputy returning officer shall call upon the electors to vote.

(2) The deputy returning officer shall arrange for the admittance of electors into the polling station and shall see that they are not impeded or molested in the station.

Entrance of electors

104. (1) The deputy returning officer may direct that no more than 1 elector for each voting compartment enter the polling station at one time.

(2) Each elector, upon entering the polling station, shall declare his or her name, the place where he or she is ordinarily resident and the other information that may be prescribed.

(3) The poll clerk shall ascertain whether the person applying to vote is qualified to vote at that station.

(4) Where it has been ascertained that the applicant elector is qualified to vote at the polling station, his or her name, address and other declared information shall be entered in the poll book kept by the poll clerk, a consecutive number being prefixed to the elector's name in the appropriate column of the poll book.

(5) The elector shall then be immediately allowed to vote, unless an election officer or a scrutineer of a candidate present at the polling station requests that the elector 1st swear an oath.

Right at polling station

105. (1) A person who is qualified to vote in an election and whose name appears on the list of electors for a polling station, shall on polling day be permitted to vote at that polling station, if the person is then ordinarily resident in the polling division for which that polling station has been established.

(2) A person who is qualified to vote in the electoral district in which an election is pending and who is on polling day ordinarily resident in a polling division in the district may, notwithstanding that his or her name does not appear on the list of electors for that polling station, vote at the appropriate polling station established in that polling division, if he or she produces identification and swears before the deputy returning officer an oath in the prescribed form.

(3) For the purpose of this section, the question whether a person is ordinarily resident in the province, or in an electoral district or in a polling division shall be determined in accordance with the rules set out in section 26 in respect of residency.

How a proxy votes

106. (1) When a person produces to an election officer a proxy certificate entitling him or her to vote on behalf of another elector under section 86 at that polling station, that person may vote for that elector in the same manner as that elector could vote.

(2) The poll clerk shall take the information that is required for an elector under this Part and enter in the poll book opposite the elector's name the words "by proxy".

(3) A person who, under subsection (1), may vote on behalf of an elector shall before voting file with the poll clerk an affidavit in the prescribed form verifying

(a) that he or she is a person qualified to vote in the same electoral district in the same election as the elector on whose behalf he or she is voting;

(b) that he or she will, when marking the ballot on behalf of the elector, mark the ballot in accordance with instructions received from the elector;

(c) that he or she has not received a proxy certificate for or agreed to vote on behalf of another elector in the same election; and

(d) that he or she will not vote on behalf of another elector in the same election.

Prohibited voting

107. An elector shall not vote in more than 1 electoral district nor more than once in an electoral district, except a person who votes as a proxy under a proxy certificate.

Valid votes

108. (1) A vote given for a person other than a nominated candidate is void.

(2) A vote given to a candidate who has withdrawn under section 76 is void.

(3) A person, in respect of whom a proxy certificate has been issued that designates a proxy to vote for him or her, may not himself or herself vote at the election for which the certificate subsists.

Elector refusing to be sworn

109. (1) When required by the deputy returning officer, a poll clerk, 1 of the candidates or the scrutineer of a candidate to be sworn as a qualified elector, an elector shall, before receiving his or her ballot, take an oath in the prescribed form.

(2) Where an elector refuses to take an oath under subsection (1), erasing lines shall be drawn through his or her name in the poll book and the words "refused to be sworn" shall be written after his or her name.

(3) An elector who, being able to do so, has refused to take an oath, or to answer a question, or to produce evidence required by this Part, shall not be given a ballot or, upon leaving the polling station, for a reason other than to obtain evidence requested of him or her, be permitted to return or be permitted to vote.

List of electors changed at poll

110. (1) Where the correct name and address of a person demanding a ballot is not on the list of electors for the appropriate polling station but there is contained in the list a number and address that corresponds so closely to the name and address of that person as to suggest that the entry in the list was intended to refer to that person, that person is, upon taking an oath in the prescribed form entitled to receive a ballot and to vote.

(2) In a case referred to in subsection (1), the name and address as stated in the list of electors shall be corrected in the list according to the facts and correctly entered in the poll book, and the fact that the oath has been taken shall be entered in the proper column of the poll book and the words "corrected list of electors" in the remarks column.

Where candidates vote

111. (1) A candidate whose name appears upon the list of electors for a polling station established in the electoral district is entitled to vote in a polling station other than the one in which his or her name appears upon the list of electors.

(2) Where a candidate is not qualified to vote at an election in the district for which he or she is a candidate, he or she may, upon taking the prescribed oath, vote in that district instead of in the district where he or she would otherwise be entitled to vote.

Secrecy of poll

112. (1) Every candidate, deputy returning officer, poll clerk, scrutineer or other witness in attendance at a polling station or at the counting of the votes shall maintain and aid in maintaining the secrecy of the voting at the station.

(2) A candidate, deputy returning officer, poll clerk, scrutineer or other witness shall not,

(a) at the polling station, interfere with, or attempt to interfere with an elector when marking his or her ballot, or attempt to obtain information as to the candidate for whom an elector is about to vote or has voted;

(b) communicate information as to the manner in which a ballot has been marked in his or her presence in the polling station;

(c) directly or indirectly induce or endeavour to induce an elector to show his or her ballot after he or she has marked it, so as to make known to a person the name of the candidate for whom he or she has cast his or her vote;

(d) communicate to a person information obtained at a polling station as to the candidate for whom an elector at that polling station is about to vote or has voted; or

(e) at the counting of the votes, attempt to obtain information or communicate information obtained at the counting as to the candidate for whom a vote is cast on a particular ballot.

(3) An elector shall not,

(a) upon entering the polling station and before receiving a ballot, openly declare for whom he or she intends to vote;

(b) show his or her ballot, when marked, so as to allow the name of the candidate for whom he or she has voted to be known; or

(c) before leaving the polling station openly declare for whom he or she has voted.

(4) The deputy returning officer shall draw the attention of an elector who has contravened subsection (3) to the offence that he or she has committed and to the penalty to which he or she has become liable, but the elector shall nevertheless be allowed to vote in the usual way.

Ballot to elector

113. (1) Voting is by ballot.

(2) Each elector is entitled to receive from the deputy returning officer a ballot on the back of which the deputy returning officer has placed his or her initials so that when the ballot is folded the initials can be seen without unfolding the ballot.

(3) The deputy returning officer shall place his or her initials on the ballot under subsection (2) immediately before giving it to the elector.

Instructing how to vote

114. The deputy returning officer shall, upon the request of an elector, instruct the elector in the method of marking a ballot, and shall properly fold the elector's ballot, directing him or her to return it, when marked, folded as shown, but without inquiring for whom the elector intends to vote, except as permitted under this Part when the elector is unable to vote in the ordinary manner prescribed by this Part on account of inability to read, blindness or other physical incapacity.

Manner of voting

115. (1) The elector on receiving the ballot shall immediately proceed into a voting compartment and there mark the ballot by forming the letter "X" with a black lead pencil within the space on the ballot containing the name and particulars of the candidate for whom he or she intends to vote.

(2) Where an elector wishes to decline a ballot, he or she shall do so by following the procedure for voting contained in subsection (1) but instead of marking the ballot as required by that subsection by writing the word "declined" at the bottom of the ballot.

(3) The elector shall then

(a) fold the ballot as directed so that the initials on the back of it and the printed serial number on the back of the counterfoil can be seen without unfolding it; and

(b) hand the ballot to the deputy returning officer.

(4) The deputy returning officer shall then without unfolding the ballot handed to him or her, determine by examining his or her initials and the printed serial number on the counterfoil that it is the ballot delivered to the elector and, if it is, the officer shall immediately, in full view of the elector and all others present, remove and destroy the counterfoil.

(5) The deputy returning officer shall then return the ballot to the elector who shall, in full view of the deputy returning officer and all others present, deposit the ballot in the ballot box.

Cancelled ballot

116. (1) An elector who has inadvertently dealt with the ballot delivered to him or her in a manner that it cannot conveniently be used shall return it to the deputy returning officer who shall write the word "cancelled" across it and immediately place it in the envelope provided for that purpose.

(2) The deputy returning officer shall then deliver another ballot to the elector.

Second elector of same name

117. (1) Where a person representing himself or herself to be a particular elector applies for a ballot after another person has voted as that elector, the person is entitled to receive a ballot and to vote after taking the oath in the prescribed form and otherwise establishing his or her identity to the satisfaction of the deputy returning officer.

(2) Where an elector has voted under subsection (1), the poll clerk shall enter in the poll book opposite the name of the elector

(a) a note of his or her having voted on a 2nd ballot issued under the same name;

(b) the fact of the oath of identity having been taken, and the fact of another oath required having been taken; and

(c) the objections made on behalf of a candidate, naming the candidate.

Elector needing aid

118. (1) The deputy returning officer when requested to by an elector shall,

(a) permit a friend of the elector to accompany the elector into the voting compartment and mark the ballot of the elector; or

(b) assist the elector

(i) by marking the ballot of the elector in the manner directed by the elector, in the presence of the scrutineers of the candidates in the polling station and of no other person, and the deputy returning officer shall, where the elector is unable to do so, then place that ballot in the ballot box, or

(ii) by instructing the elector in the use of a brailled template, prescribed by the Chief Electoral Officer, to be affixed over the ballot so that each hole in the brailled template indicates the place where a mark in that hole would result in a vote for the candidate whose name corresponds to that hole, and by reading to the elector the candidate that corresponds with each hole in the brailled template, so that the elector may understand the method by which he or she may mark his or her ballot for the candidate of his or her choice.

(2) Where a friend of the elector accompanies the elector into the voting compartment as provided for in paragraph (1)(a), the poll clerk shall, in addition to the other requirements prescribed by this Part, enter the name of the friend in the remarks column of the poll book opposite the entry relating to the elector.

(3) A person at an election shall not act or shall not be allowed to act under paragraph (1)(a) as the friend of more than 1 elector.

(4) A friend who is permitted to mark the ballot of an elector under paragraph (1)(a) shall 1st take an oath in the prescribed form that he or she will keep secret the name of the candidate for whom the ballot of the elector is marked by him or her and that he or she has not already acted as the friend of an elector for the purpose of marking his or her ballot at that election.

No delay in voting

119. An elector shall vote without undue delay and shall leave the polling station as soon as his or her ballot has been put in the ballot box.

Electors present at close of poll

120. (1) If at the hour of the closing of the poll there are electors in the polling station who are qualified to vote and have not been able to do so since their arrival at the polling station, the poll shall be kept open a sufficient time to enable them to vote.

(2) Only those persons actually present inside the polling station at the hour of closing shall vote or be allowed to vote even if the poll is still open when he or she arrives.

Voting in hospitals, etc.

121. (1) Where a polling station has been established in a home for the aged, a hospital or similar institution for the care and treatment of chronic illness, the deputy returning officer and the poll clerk shall, while the poll is still open on polling day and when considered necessary by the deputy returning officer,

(a) suspend temporarily the voting in the polling station; and

(b) with the approval of the person in charge of the institution, carry the ballot box, poll book, ballots and other necessary election documents from room to room in the institution to take the votes of those patients unable to come to the polling station who are ordinarily resident in the polling division in which the institution is situated and are otherwise qualified as electors.

(2) The procedure to be followed in taking the votes of patients unable to come to the polling station referred to in subsection (1) shall be the same as that prescribed for an ordinary polling station.

(3) The deputy returning officer shall give patients assistance in accordance with the provisions of section 118 when necessary.

Entries by poll clerk

122. The poll clerk shall

(a) make the additions, entries, alterations and erasures in the poll book that the deputy returning officer directs in accordance with this Part;

(b) enter in the poll book, opposite the name of each elector, as soon as the elector's ballot has been deposited in the ballot box, the word "voted";

(c) enter in the poll book, opposite the name of an elector to whom a 2nd ballot has been delivered after the defacement of the 1st, the words "2nd ballot";

(d) enter in the poll book opposite the name of an elector to whom a ballot has been given after another has voted in the same name and who has taken the oath of a personated elector in the prescribed form, the words "2nd elector";

(e) enter in the poll book, the word "sworn" opposite the name of each elector to whom an oath as to qualifications or otherwise has been administered, indicating the nature of the oath;

(f) enter in the poll book the words "refused to answer" opposite the name of each elector who has refused to take an oath when he or she has been lawfully required to answer; and

(g) enter in the poll book the other entries that the deputy returning officer, in accordance with this Part, directs him or her to make.

Irregularities

123. An election is not invalid, nor may it be declared invalid, by reason of

(a) an irregularity on the part of the returning officer, or an irregularity in a proceeding preliminary to the poll;

(b) lack of qualification of an election officer;

(c) lack of qualification in a person signing a nomination paper received by the returning officer under this Part;

(d) a failure to hold a poll at a place appointed for holding a poll;

(e) non-compliance with the provisions of this Part concerning the taking of the poll, the counting of the votes or a limitation of time;

(f) failure to open or close a poll on the hour prescribed by this Part; or

(g) a mistake in the use of prescribed forms,

if it is shown to the satisfaction of a judge having cognizance of the question that the election was conducted in accordance with the principles laid down in this Part and that the irregularity, failure, non-compliance or mistake did not materially affect the result of the election.

Order for advance poll

124. (1) The Chief Electoral Officer may order that an advance poll be held in an election for the purpose of receiving the votes of persons qualified to vote at the election

(a) who are physically disabled; or

(b) who have reason to believe that on the day fixed for polling at that election, they will be absent from and unable to vote in the polling division in which they are ordinarily resident.

(2) The Chief Electoral Officer may fix

(a) the number of advance polls to be held in an electoral district; and

(b) the places at and the days upon and the hours during which the advance polls will be held.

Time for advance poll

125. Advance polls may be held on 1 or more of the 7 days immediately preceding the ordinary polling day.

Notice of polling station

126. (1) Where an advance poll is ordered to be held, the returning officer subject to the approval of the Chief Electoral Officer shall designate a suitable polling station for the purpose and shall give notice of the places where, the days on and the hours during which it will be held.

(2) A notice under subsection (1) shall be published

(a) by advertisement in a newspaper circulating in the electoral district concerned or by other appropriate means; and

(b) if the Chief Electoral Officer considers it necessary, by those other means that he or she may direct.

Duties of returning officer

127. The returning officer for the electoral district where an advance poll is ordered to be held shall

(a) appoint a deputy returning officer and a poll clerk to hold the advance poll; and

(b) supply the deputy returning officer with the list of electors for that electoral district together with a ballot box, ballots, poll books, forms of oaths and other documents and supplies required for the purpose of holding the advance poll.

Who may vote

128. In addition to satisfying the requirements of section 124, an elector who would on the ordinary polling day be qualified under this Part to vote in a polling division in an electoral district may vote at an advance poll held in that electoral district.

Requirements of elector

129. (1) A person who wishes to vote at an advance poll shall 1st swear an oath in the prescribed form before a deputy returning officer.

(2) An oath taken under this section shall be kept by the deputy returning officer with the other records of the poll.

(3) An elector who, being able to do so, has refused to take an oath, or who is unable to answer a question, or to produce evidence required by this Part, shall not be given a ballot, or, upon leaving the polling station, for a reason other than to obtain evidence requested of him or her, be permitted to return or be permitted to vote.

Other requirements of elector

130. The deputy returning officer or a candidate or the scrutineer of a candidate may require that a person offering himself or herself as an elector at an advance poll take, before being handed a ballot, an oath, not referred to in section 129, that an elector at an ordinary poll may be required to take.

Record to be kept

131. The poll clerk shall record in the poll book in the column headed "Remarks" a note stating that the elector has taken an oath required by or under this Part and the number of the polling division where the elector is ordinarily resident.

Security of advance poll

132. (1) After the opening of an advance poll, the ballot box used at the poll shall not be opened until 8:00 p.m. of the ordinary polling day.

(2) On adjourning the advance poll each day the deputy returning officer shall, and a candidate or the scrutineer of a candidate who is present may, place his or her seal on the ballot box in a manner that it cannot be opened and a ballot cannot be deposited in it, without breaking the seals or the scrutineer may initial the seal placed on the box by the deputy returning officer.

(3) The deputy returning officer shall, at all times after the opening of an advance poll, take the necessary precautions to prevent access being had by a person, other than the poll clerk during the polling, to the ballot box.

(4) A seal placed on the ballot box shall not be removed between the opening of the advance poll and the time fixed for the deputy returning officer to count the ballots in it, except only at the start of voting on each day of the advance poll, and then only that seal shall be removed that is necessary to permit the insertion of ballots in the ballot box.

List of those who voted

133. (1) At the close of an advance poll, the deputy returning officer shall immediately make up and deliver to the returning officer a list of the names of all persons who have voted showing in each case the number of the polling division in which the elector resides.

(2) The returning officer shall, at the request of a candidate or his or her scrutineer, furnish the candidate or scrutineer with a copy of the list of the names made under subsection (1).

Counting advance poll

134. At the hour fixed for the closing of the poll on the ordinary polling day, the deputy returning officer in charge of an advance poll, shall, in the presence of those candidates and scrutineers who may be present, open the ballot box, count the votes, and perform all other duties required of a deputy returning officer in charge of a polling station on the ordinary polling day.

Pre-empting services

135. The Chief Electoral Officer may, for a purpose set out in sections 125 to 134, require the services of the returning officer in the electoral district where an advance poll is held.

Application of Part

136. The provisions of this Part relating to ordinary polls, with the necessary changes, apply to advance polls.

General power to increase staff

137. The Chief Electoral Officer may, during the course of an election and before the closing of the poll, appoint or authorize the appointment of additional election officers.

DIVISION E
COUNTING, REPORTING AND SECURITY OF THE VOTES

How votes to be counted

138. (1) Immediately after the close of the poll and, in the presence and in full view of the poll clerk and the candidates or their scrutineers or another witness where no candidates or scrutineers are present, the deputy returning officer shall, in the following order,

(a) count the number of electors whose names appear in the poll book as having voted and make an entry of the number on the line immediately below the name of the elector who voted last, as follows: "The number of electors who voted at this election in this polling station is (stating the number)", and sign his or her name;

(b) count the cancelled ballots, place them in the special envelope supplied for that purpose and indicate on it the number of the cancelled ballots and seal it;

(c) count the unused ballots, place them with all the stubs of all used ballots in the special envelope supplied for that purpose and indicate on it the number of unused ballots;

(d) check the number of ballots supplied by the returning officer against the number of cancelled ballots, the number of unused ballots and the number of electors whose names appear in the poll book as having voted, in order to ascertain that all ballots are accounted for;

(e) open the ballot box and empty its contents upon a table;

(f) count the number of votes cast for each candidate on 1 of the tally sheets supplied, giving full opportunity to those present to examine each ballot; and

(g) count the number of ballots marked "declined", giving full opportunity to those present to examine each ballot.

(2) The poll clerk and at least 2 witnesses shall each be supplied with a tally sheet upon which he or she can keep his or her own score as each vote is called out by the deputy returning officer.

Rejection of ballots

139. (1) In counting the votes the deputy returning officer shall reject all ballots

(a) that have not been supplied by him or her;

(b) that have not been marked for a candidate other than ones marked "declined";

(c) on which votes have been cast for more than 1 candidate; or

(d) upon which there is writing or a mark or other means by which the elector could be identified.

(2) A ballot may not be rejected under subsection (1) by reason only that

(a) it has on it writing, a number or mark placed on it by the deputy returning officer;

(b) it has been marked with a writing instrument other than black lead pencil or it has a mark other than the letter "X" if the mark does not constitute identification of the elector; or

(c) it is marked out of or partly out of the place where it should be marked.

Counterfoils found attached

140. (1) Where, in the course of counting the votes, a ballot is found with the counterfoil still attached to it, the deputy returning officer,

(a) shall comply with subsection 115(4) and then remove and destroy the counterfoil; and

(b) may not reject the ballot merely by reason of his or her failure to remove the counterfoil.

(2) Nothing in subsection (1) relieves the deputy returning officer from a penalty to which he or she might have become liable by reason of a failure to remove and destroy the counterfoil at the time of the casting of the vote to which it relates.

Ballots found not initialled

141. (1) Where, in the course of counting the votes, the deputy returning officer discovers that he or she has omitted to affix his or her initials on the back of a ballot the officer shall, in the presence of the poll clerk and the scrutineers, affix his or her initials to that ballot and count the ballot as if it had been initialled by him or her in the 1st place.

(2) Subsection (1) applies only when the deputy returning officer is satisfied that

(a) the ballot is 1 that has been supplied by him or her; and

(b) the omission of his or her initials has really been made, and that every ballot supplied to him or her by the returning officer has been accounted for, as provided by paragraph 138(d).

(3) Nothing in subsection (1) or (2) relieves the deputy returning officer from a penalty to which he or she might have been liable by reason of a failure to affix his or her initials on the back of a ballot before handing it to the elector.

Objections, how dealt with

142. (1) The deputy returning officer shall

(a) consider every objection made by a candidate, or his or her scrutineer or witness present, to a ballot found in the ballot box; and

(b) decide every question arising out of the objection.

(2) The decision of the deputy returning officer is final, subject to reversal on a recount or on an application questioning the election or return.

Procedure after counting

143. (1) All the ballots not rejected by the deputy returning officer shall be counted and a record kept of the number of votes cast for each candidate and of the number of rejected ballots and the number of declined ballots.

(2) The ballots marked for each candidate shall be put in separate envelopes and the contents of each envelope shall be recorded on the outside.

(3) The rejected ballots shall be put in a special envelope and the number of ballots contained in it written on the outside.

(4) The ballots marked "declined" shall be put in a special envelope and the number of ballots contained in it written on the outside.

(5) All the envelopes shall be endorsed so as to indicate their contents, and shall be sealed by the deputy returning officer.

(6) The deputy returning officer and the poll clerk shall place their signatures on those seals, and the candidates or their scrutineers or other witnesses present may place their signatures there too.

Oaths of officers

144. The deputy returning officer and the poll clerk, immediately after the completion of the counting of the votes, shall each take an oath in the prescribed form.

Statement of the poll

145. (1) The deputy returning officer shall make the necessary number of copies of the statement of the poll in the prescribed form, of which 1 copy is to be attached to the poll book, 1 copy is to be retained by the deputy returning officer and 1 copy which is the official statement of the poll is for the returning officer, and shall be enclosed in a special envelope supplied for the purpose.

(2) The deputy returning officer shall seal the special envelope and deposit it in the ballot box.

(3) The deputy returning officer shall deliver 1 copy of the statement of the poll to each of the scrutineers, and mail 1 copy to each candidate in the special envelope provided for the purpose to the candidate's address as provided by the returning officer.

Documents to be in box

146. (1) The deputy returning officer shall place in the envelope supplied for the purpose, which shall be sealed with the seal provided for the purpose and initialled by the deputy returning officer, the poll clerk and the candidates, their scrutineers or other witnesses,

(a) the poll book in its own paper envelope supplied for the purpose;

(b) the ballots that are

(i) unused,

(ii) cancelled,

(iii) rejected,

(iv) declined, and

(v) counted for each candidate,

with each lot in its paper envelope supplied for the purpose and sealed as required by section 143; and

(c) all oaths under section 110 together with all other oaths taken at the poll, in the proper envelope supplied for the purpose.

(2) The deputy returning officer shall then place the large envelope described in subsection (1) and containing the material described in that subsection in the ballot box ensuring as he or she does so that the documents referred to in section 147 are not enclosed in that envelope or in either of the envelopes described in subsections (3) and (4).

(3) The deputy returning officer shall ascertain that there is in the ballot box the official statement of the poll prepared for the returning officer placed in its proper envelope as provided for by section 145 but not enclosed in another envelope.

(4) The deputy returning officer shall place in the ballot box, in the envelope supplied for the purpose,

(a) the list of electors used at the poll;

(b) the copies of this Act that were supplied by the returning officer;

(c) all other forms, material and supplies provided for use at the polling station and not specifically referred to in this subsection or in subsections (1) and (3); and

(d) all other forms and documents used in the election and not specifically referred to in this subsection.

(5) After compliance with subsections (1) to (4), the ballot box shall be

(a) sealed with 1 of the special seals supplied for the use of the deputy returning officer; and

(b) transmitted immediately to the returning officer.

(6) The returning officer may appoint a person to collect the ballot boxes from a given number of polling stations and that person shall, on delivering the ballot boxes to the returning officer, take an oath in the prescribed form.

Preliminary statement

147. The deputy returning officer shall, with the ballot box, transmit or deliver to the returning officer, in the envelope provided for that purpose,

(a) a preliminary statement of the poll in the form directed by the Chief Electoral Officer; and

(b) the polling station account, having 1st had that account filled in and signed by the officials of his or her polling station who are entitled to fees.

Communicating count

148. Each deputy returning officer shall forward to the returning officer of the electoral district at which the deputy returning officer is acting

(a) statements of the count during the counting of the vote as directed by the Chief Electoral Officer, if it is possible to do so, and the Chief Electoral Officer so directs; and

(b) a preliminary statement of the poll as soon as available after the votes have been counted,

and the returning officer shall as soon as possible after they are received forward all those statements received to the Chief Electoral Officer.

No publishing results

149. (1) A person in attendance at a poll or at the counting of the votes shall not publish a result of the counting at the poll until the conclusion of the count on polling day.

(2) Nothing in subsection (1) prevents the publication of the results of the count by the Chief Electoral Officer or another person designated by the Chief Electoral Officer for the purpose.

Ballot boxes, return of

150. The returning officer may direct that the ballot boxes be returned to him or her and may direct the method by which they are to be returned.

Penalty for default

151. (1) When a deputy returning officer omits to enclose within the ballot box, and in the proper envelopes provided for that purpose, a document mentioned in sections 143, 145, 146 and 147, all rights to payment for his or her services as deputy returning officer are subject to forfeiture under subsection (2), in addition to another punishment to which he or she might be liable.

(2) A returning officer shall not make a claim for payment for the services as a deputy returning officer if it appears to the returning officer that an omission mentioned in subsection (1) was made deliberately by the deputy returning officer.

Safe-keeping of ballot boxes

152. (1) The returning officer upon the receipt of each ballot box, shall take every precaution for its safe-keeping and for preventing a person other than himself or herself and his or her election clerk from having access to it.

(2) The returning officer shall examine the special seal placed on each ballot box by the deputy returning officer under section 146, and if it is not in good order, the returning officer shall place on it his or her own special seal.

(3) The returning officer shall record the condition of the special seal required to be placed on every ballot box by the deputy returning officer in the appropriate column of his or her record book.

Counting by returning officer

153. (1) After all the ballot boxes have been received, and in any event no later than 3 days after polling day, the returning officer, at the place, date and hour fixed for the official addition of the polls, and in the presence of the election clerk and of the candidates or their scrutineer, shall open the ballot boxes, and, from the official statements of the poll contained in it, shall add together the number of votes given for each candidate.

(2) Where, at the official addition of the votes, none of the candidates or his or her scrutineer is present, the returning officer shall find at least 2 electors who shall remain in attendance until the official addition of the votes has been completed by the returning officer.

Procedure if statement missing

154. (1) Where a ballot box does not appear to contain an official statement of the poll either loose or in its separate envelope as required by this Division, the returning officer may, for the purpose of finding that statement of the poll and until he or she finds that statement, open, in the following order,

(a) the envelope in the ballot box that appears to contain miscellaneous papers; and

(b) the envelope that appears to contain the poll book, and make a copy of the completed statement of the poll as signed in the poll book.

(2) When the steps authorized by subsection (1) have been taken, all the papers, other than the official statement of poll, if found, shall be placed by the returning officer in a special envelope, which shall be sealed and endorsed by him or her.

(3) This section does not authorize the opening of envelopes that appear to contain only ballots marked for the candidates.

(4) In the absence of other information, the endorsement on the envelopes referred to in subsection (1) may be adopted as indicating the result of the poll at the polling station to which the envelopes relate.

Re-sealing ballot boxes

155. After the returning officer has removed the official statement of the poll from each ballot box, or the procedure has been followed as provided by section 154 for a ballot box from which the official statement is missing, the returning officer shall seal each box, from which only the official statement is taken, with a special seal supplied to him or her for that purpose.

Declaration of candidate

156. (1) On the official addition of the votes, the candidate who receives the largest number of votes shall be declared elected.

(2) The declaration made under subsection (1) shall be in writing in the prescribed form and a copy of it shall be delivered immediately to each candidate or his or her scrutineer if either of them is present at the official addition of votes or, if a candidate is not present or is not represented at the official addition of the votes, the declaration shall be sent to the candidate immediately.

(3) Notwithstanding subsection (1), where, on the official addition of the votes, 10 or less votes separate the candidate with the largest number of votes from the candidate with the next largest number, the Chief Electoral Officer shall within 7 days apply to a judge for a recount in accordance with section 165.

Recount where votes equal

157. Where, on the official addition of the votes, an equality of votes is found to exist between 2 or more candidates the Chief Electoral Officer shall within 7 days apply to a judge for a recount in accordance with section 165.

Adjournment of official count

158. (1) Where the ballot boxes are not all returned on the day fixed for the official addition of the votes, the returning officer shall adjourn the proceedings to a subsequent day, which shall be not more than a week later than the day originally fixed for the official addition of the votes.

(2) Where

(a) the official statement of the poll for a polling station cannot be found and the number of votes cast at it for the several candidates cannot be ascertained; or

(b) when for another cause, the returning officer cannot, at the time appointed by him of her for that purpose, ascertain the exact number of votes cast for each candidate,

the returning officer may then adjourn to a further time the official addition of the votes, and so adjourn until the exact number of votes given for each candidate can be ascertained.

Missing ballot box

159. (1) Where a ballot box has been destroyed or lost, or, for another reason has not been received by the returning officer on the day appointed, the returning officer shall

(a) ascertain the cause of the disappearance of the ballot box; and

(b) obtain from the deputy returning officer whose ballot box is missing, or from another person having it, a copy of the statement of the poll given to the candidates or their scrutineers as required by this Part, the whole of which shall be verified on oath.

(2) When the official statement of the poll, or copies of it, cannot be obtained, the returning officer shall ascertain, by the evidence available, the total number of votes cast for each candidate, and to that end, may summon a deputy returning officer, his or her poll clerk, or another person, to appear before him or her at a time set by the officer, and to bring all necessary papers and documents with him or her.

(3) A candidate shall be given notice of the time of the intended proceedings.

(4) The returning officer may examine under an oath the deputy returning officer or poll clerk or another person whom he or she has summoned respecting the matter in question.

(5) In case of an adjournment by reason of a deputy returning officer not having placed the official statement of the poll in the ballot box the returning officer shall, in the meantime, make all reasonable efforts to ascertain the exact number of votes cast for each candidate in the polling station of that deputy returning officer, and for that purpose he or she has all the powers set out in subsections (2) and (3).

(6) In a case arising under this section, the returning officer shall

(a) declare the name of the candidate appearing to have obtained the largest number of votes; and

(b) mention specially in a report to be sent to the Chief Electoral Officer the circumstances accompanying the disappearance of the ballot boxes, or the absence of a statement, and the means by which he or she ascertained the number of votes given to each candidate.

Result following missing votes

160. (1) Where

(a) a ballot box for a polling station has been destroyed or lost after the votes in it were counted, and it is not possible to ascertain in accordance with section 159 the exact number of votes cast for each candidate at that polling station;

(b) after the opening of the poll and before the votes were counted by the deputy returning officer, a ballot box for a polling station that contains votes cast by electors has been destroyed or so damaged that the votes cast cannot be counted; or

(c) between the opening and closing of the poll, a polling station is destroyed or so damaged as to be unusable,

the returning officer shall proceed with the addition of the votes cast at the remaining polling stations in his or her electoral district.

(2) When all the votes at the remaining polling stations have been added up the returning officer shall determine whether, if all of the electors appearing on the list of electors for the polling station concerned had voted for the same candidate and their votes were included in that addition, the result of the election would have been affected.

(3) Where it is determined under subsection (2) that the result of the election would not have been affected, the returning officer shall declare elected the candidate who appears to have the majority of the votes on the addition of the votes cast.

(4) Where it is determined under subsection (2) that the result of the election would have been affected, the returning officer, with the approval of the Chief Electoral Officer, shall

(a) direct that another poll be held at and for that polling station, at a time to be appointed by the returning officer as soon as possible but within not more than 20 days from the holding of the 1st poll; and

(b) postpone the declaration of the poll until after the holding of the 2nd poll under this section.

Procedure on 2nd poll

161. (1) Where a 2nd poll is directed to be held under section 160, the returning officer shall by advertisement inform the electors where the polling station concerned is located by a notice in the prescribed form.

(2) A 2nd poll directed to be held under section 160

(a) is to be conducted in all respects in the same manner as this Part provides for the holding of the 1st poll; and

(b) is, in all respects and for all purposes of the same effect as if it had been held upon the day 1st fixed for the taking of the poll.

(3) The deputy returning officer shall count the votes cast at a 2nd poll held in accordance with this section and make his or her returns to the returning officer in the manner and subject to the conditions provided by this Part for the counting of votes and the making of returns upon the holding of a 1st poll.

(4) Upon adding the votes cast at the 2nd poll with the votes previously counted, the returning officer shall declare elected the candidate who has obtained the majority of the votes.

(5) The other provisions of this Part relating to the addition of the votes cast at a 1st poll and declaring a candidate to be elected apply in respect of a 2nd poll under this section.

Custody of ballot boxes

162. After the close of the election, the Chief Electoral Officer has the care and custody of all ballot boxes.

Documents sent to CEO

163. (1) The returning officer, 12 clear days following the date upon which he or she has completed the official addition of the votes, unless before that time the returning officer has received notice that he or she is required to appear before a judge for the purpose of a recount, and if there has been a recount, then immediately afterward, shall send, in the manner directed by the Chief Electoral Officer to the Chief Electoral Officer,

(a) a copy of the declaration of election referred to in subsection 156(2);

(b) the writ of election, with his or her return in the prescribed form endorsed on it that the candidate entitled to be elected is declared to be elected;

(c) a report of his or her proceedings, in the form directed by the Chief Electoral Officer containing those observations that the returning officer thinks proper respecting the state of the election papers received from his or her deputy returning officers, together with his or her record book and his or her recapitulation sheets showing, in respect of each polling station, the number of votes cast for each candidate, the number of rejected ballots, the number of ballots marked "declined" and the number of cancelled ballots;

(d) the official statements of the poll from which the official addition of the votes was made; and

(e) the nomination papers of each candidate together with the affidavits of attestation of the nomination.

(2) The returning officer shall also send all the documents sealed in the ballot boxes as provided for by section 155, including the poll book and the ballots unused, cancelled, marked "declined", rejected and counted for each candidate and the stubs of used ballots, still intact in the sealed ballot boxes, together with all other ballot boxes in his or her custody to and in the manner directed by the Chief Electoral Officer.

(3) The Chief Electoral Officer shall

(a) on receiving the return of a member elected to serve in the House of Assembly, enter it, in the order in which the return is received by him or her, in a book to be kept for that purpose; and

(b) then immediately give notice in an ordinary or special edition of the Gazette of the name of the candidate so elected.

(4) Where the Chief Electoral Officer is satisfied that a deposit taken in relation to the candidacy of a person should be returned, the Chief Electoral Officer shall return it.

Published returns

164. The Chief Electoral Officer shall, immediately after each election, publish a report giving, by electoral districts,

(a) the number of votes cast for each candidate;

(b) the number of ballots marked "declined";

(c) the number of cancelled ballots;

(d) the number of rejected ballots; and

(e) the number of names on the list of electors,

together with other information that he or she considers appropriate to include.

Application for recount

165. (1) Where,

(a) upon an application of a candidate or elector made within 10 days after that on which the returning officer has made the addition of the votes for the purpose of declaring a candidate elected, it is made to appear by affidavit to a judge that

(i) a deputy returning officer has, in counting the votes,

(A) improperly counted a ballot,

(B) improperly rejected a ballot, or

(C) made an incorrect statement of the number of ballots cast for a candidate, or

(ii) the returning officer has improperly added up the votes; or

(b) an application is made by the Chief Electoral Officer under subsection 156(3) or section 157,

the judge shall appoint a time and place to recount or finally to add up the votes cast at the election.

(2) An applicant referred to in paragraph (1)(a) shall deposit within that time with the Registrar of the Supreme Court the sum of $100 as security for costs in connection with the recount or final addition.

Notice of recount

166. (1) At least 4 days' notice in writing of the time and place appointed for the recount or final addition shall be given to the candidates and to the returning officer and the election clerk.

(2) The judge may, at the time of the application or afterwards, direct that substituted service of the notice be made upon the candidates, the returning officer and the election clerk, or that service of the notice be made by mail, or in some other manner.

To withhold return

167. Upon receipt of a notice of a recount or final addition, the returning officer shall delay making his or her return to the Chief Electoral Officer until he or she receives a certificate from the judge of the result of the recount or final addition, and shall then make the return upon receipt of the certificate.

Presence of clerk

168. The judge may require a clerk of the Supreme Court to be present at the time and place appointed for the recount.

Officials to be present

169. The returning officer and his or her election clerk shall attend at the time and place appointed for the recount or final addition with the envelopes containing the ballots, or the original statements of the poll.

Persons present at recount

170. (1) The Chief Electoral Officer or a designate or 1 of his or her employees may be present at the recount or final addition, and each candidate is entitled to be represented by not more than 3 scrutineers, and may be present in person.

(2) Where a candidate is not represented, 3 electors who declare their desire to attend on his or her behalf may attend.

(3) Except with the sanction of the judge, no other person shall be present at a recount or final addition.

Procedure by judge

171. (1) At the time and place appointed for the recount or final addition and in the presence of the persons mentioned in section 170, the judge shall make the final addition from the statements of the poll returned by the deputy returning officers, or recount all the votes or ballots returned by the several deputy returning officers, as the circumstances require.

(2) Upon a recount of all the votes or ballots returned by the several deputy returning officers, the judge shall open all the sealed envelopes that contain

(a) the used ballots that have been counted;

(b) the rejected ballots;

(c) the number of ballots marked "declined";

(d) the cancelled ballots; and

(e) the unused ballots.

Continuous recounting

172. (1) The judge shall, as far as practicable, proceed continuously, except on Sunday, with the recount or final addition of the votes.

(2) During the time when the recount is interrupted, the judge shall keep the ballots and other documents relating to the election closed under his or her own seal and the seals of those of the other persons present who wish to affix their seals.

(3) The judge shall take all precautions necessary for the security of those papers and documents.

Rules at recount

173. In the case of a recount, the judge shall proceed according to the rules for the counting of the ballots at the close of the poll by a deputy returning officer, and shall verify or correct the statement of the poll.

Sealing up ballots

174. (1) Upon the completion of the recount, the judge shall seal up all the ballots in their separate envelopes.

(2) Upon the completion of a final addition the judge shall seal up the original statements of the poll in their respective envelopes.

Review of decision

175. (1) The judge may, or if required to do so by a candidate shall, review the decision of the returning officer with respect to the number of votes given for a candidate at a polling station, where the ballot box used was missing when he or she made his or her decision, or if the proper statements or papers were not found in it.

(2) For the purpose of arriving at the facts, the judge may compel the attendance of witnesses or the judge may act upon the evidence taken by the returning officer.

How result given

176. (1) The judge shall, within 2 days after the recount or final addition, certify the result to the returning officer who shall then immediately declare to be elected the candidate having the greatest number of votes.

(2) In case of an equality of votes, the seat is vacant and the provisions of this Act respecting the holding of an election shall apply, with the necessary changes, to the holding of a new election.

(3) An election held under subsection (2) shall be held not later than 6 months from the day on which the seat becomes vacant.

Costs

177. (1) The costs of the recount or final addition are in the discretion of the judge who may order by whom, to whom, and in what manner they are to be paid.

(2) The judge shall assess the costs, and shall, as nearly as possible, follow the tariff of costs with respect to proceedings in the Supreme Court.

Payment of deposit

178. Where costs are directed to be paid by the applicant, the money deposited as security for costs shall be paid out to the party entitled to them, so far as necessary, and if the deposit is insufficient for the purpose, the judge may make an order for the payment of the balance.

Secrecy preserved

179. A person who has voted at an election may not, in a judicial proceeding to question the election or the result of it, be required to state for whom he or she has voted.

Procedure

180. It is sufficient for the plaintiff in a civil action or suit taken under this Part to state that the defendant is indebted to him or her in the sum of money claimed, and to state the particular provision under which the action arises, without mentioning the writ of election or the return of the writ.

Competent witnesses

181. In a civil action, suit or proceeding, under this Part, the parties, and the spouses of the parties are competent and compellable to give evidence to the same extent and subject to the same exceptions as in other civil suits, but evidence given by them may not afterward be used in a criminal proceeding under this Part against a party or witness.

Limitation of actions

182. A prosecution for an offence under this Part, and an action for a pecuniary penalty given by this Part to the person suing for the penalty shall be commenced within 1 year after the act or omission on which it is grounded, unless the prosecution or action is prevented by the withdrawal or absconding of the defendant out of the jurisdiction of the court.

Care of election documents

183. The Chief Electoral Officer has the care and custody of all documents and ballot boxes transmitted to him or her by a returning officer.

Production of election documents

184. Election documents and election papers sealed in ballot boxes, or that have been removed in accordance with section 185, shall not be inspected or produced except as a result of an order of a judge.

Destruction of election documents

185. (1) The Chief Electoral Officer shall retain the ballot boxes, sealed, for a period of 1 year after the date of the election in which they were last used and then, unless otherwise directed by an order of a judge, shall destroy all those documents, ballots, and papers contained in the ballot boxes except the poll books, the supplementary list of electors and all oaths.

(2) Notwithstanding subsection (1), where a ballot box or its contents are required in respect of an election during the 1 year period referred to in subsection (1), the Chief Electoral Officer may, in the presence of the Clerk of the House of Assembly open the required number of ballot boxes and, with respect to a ballot box,

(a) if only the contents or some of the contents are required, remove those contents and reseal the ballot box with a numbered seal, making a record of the number on the seal used, and furnishing the Clerk of the House of Assembly with a copy of the record; or

(b) if the ballot box is required or the ballot box and its contents are required, use that ballot box or ballot box and the contents for the purpose of the election.

(3) As soon as possible after a ballot box is opened under paragraph (2)(b), the Chief Electoral Officer shall place the contents of it, other than those of the contents that are required, in a secure place.

(4) A ballot box referred to in paragraph (2)(a) shall remain sealed and the contents of a ballot box placed in a secure place until the expiration of 1 year after the date of the election referred to in subsection (1).

(5) The election materials retained under subsection (1) may be removed from the container in which they are kept and used by the Chief Electoral Officer or made available for the purpose approved by the Chief Electoral Officer.

Judicial order

186. (1) A ruling or order may be made under section 184 upon evidence on oath that the inspection or production of the election documents or election papers is required for the purpose of instituting or maintaining a prosecution of an offence in relation to an election, or for the purpose of an application that has been filed questioning an election or return.

(2) A ruling or order under subsection (1) may be made subject to those conditions as to persons, time, place and method of inspection or production as the judge considers appropriate.

Inspection of instructions

187. All

(a) reports or statements received from election officers, other than election documents and election papers contained in the sealed box or removed in accordance with subsection 185(2);

(b) copies of instructions issued by the Chief Electoral Officer; and

(c) copies of decisions made by the Chief Electoral Officer under this Part,

are, while in the care and custody of the Chief Electoral Officer, public records and may be inspected during office hours by any person upon request.

DIVISION F
PRESERVATION OF ORDER AT ELECTIONS

Returning officer shall keep order

188. (1) A returning officer, an election clerk, a deputy returning officer and a poll clerk shall maintain peace and order at a polling station during an election.

(2) For the purpose of maintaining peace and order at a polling station during an election, an official referred to in subsection (1) has all the authority of a peace officer.

(3) An official referred to in subsection (1) may require the assistance of a peace officer or other person to assist him or her in maintaining peace and order at an election.

Propaganda activities

189. (1) A person shall not take part in a demonstration, parade, motorcade or other outdoor gathering, or supply for that purpose a loud speaker, bunting, flag, banner, placard or other object or material in support of the election of a candidate or political party, during the period when the polls are open on polling day.

(2) A person shall not post a sign or display a flag, banner, placard or other object in support of the election of a candidate or a political party within 100 meters of the building within which a polling station is located on polling day.

Wearing party badges, etc.

190. (1) A person shall not furnish or supply a flag, ribbon, label or similar object to or for a person with intent that it be worn or used by that person within an electoral district, during the period when the polls are open on polling day at an election, as a party badge to distinguish the wearer as the supporter of a candidate, or of the political or other opinions entertained or supposed to be entertained by that candidate.

(2) A person shall not use or wear a flag, ribbon, label, or other favour, as a party badge described in subsection (1), within an electoral district on polling day during the period when the polls are open.

(3) The Chief Electoral Officer may approve identity cards to be worn by candidates, and scrutineers on polling day and the cards may indicate the political affiliation of the wearer.

DIVISION G
ELECTION OFFENCES

Offence: inducing to vote

191. (1) A person is guilty of an offence who

(a) gives or promises to give to a person money or other consideration to induce an elector to vote or refrain from voting for a candidate or to refrain from voting in an election;

(b) gives or promises to give to a person money or other consideration, in order to induce that person to procure, or endeavour to procure, the election of a person to serve as a member of the House of Assembly or the vote of an elector at an election;

(c) upon or in consequence of a gift, loan, offer, promise, procurement or agreement, procures or promises or endeavours to procure, the election of a person to serve as a member of the House of Assembly or the vote of an elector at an election;

(d) directly or indirectly accepts or receives or agrees to accept or receive money, a valuable consideration, an office, employment, food or drink as payment for voting or for illegally agreeing to assist a candidate at an election; or

(e) in order to induce a person to allow himself or herself to be nominated as a candidate, or to refrain from becoming a candidate or to withdraw, if he or she has become a candidate, gives or procures an office or employment, or agrees to give or procure, or offers or promises to procure, or to endeavour to procure an office or employment for that person.

(2) Payments made in good faith for the fair costs of printing and advertising and payments made in connection with other lawful and reasonable expenses incurred in connection with an election do not contravene subsection (1).

Intimidation

192. A person is guilty of an offence who

(a) directly or indirectly by himself or herself, or by another person on his or her behalf,

(i) makes use of or threatens to make use of force, violence or restraint, or

(ii) inflicts, or threatens to inflict by himself or herself, or by another person, an injury, damage, harm or loss

upon or against a person, in order to induce or compel that person to vote or refrain from voting, or on account of that person having voted or having refrained from voting at an election; or

(b) impedes or prevents the free exercise of the franchise by an elector.

Personation and multiple voting

193. (1) A person is guilty of an offence who, at an election,

(a) applies for a ballot in the name of some other person, whether that name is that of a person living or dead, or of a fictitious person;

(b) having voted once at that election, applies at the same election, for another ballot;

(c) votes in more than 1 electoral district; or

(d) aids, abets, counsels, procures or endeavours to procure the commission by a person of an act described in paragraph (a), (b) or (c).

(2) Subsection (1) does not apply in respect of a person who votes in accordance with this Part as a proxy.

Illegal voting

194. A person is guilty of an offence who, at an election, votes or attempts to vote knowing he or she is disqualified, not qualified or incompetent to vote at that election.

Attack on secrecy

195. A person is guilty of an offence who represents to an elector, directly or indirectly, that the ballot to be used, or the mode of voting at an election, is not secret.

Offences against ballots

196. A person is guilty of an offence who

(a) forges, counterfeits, fraudulently alters, defaces, or fraudulently destroys a ballot or the initials of the deputy returning officer placed on the ballot;

(b) without authority supplies a ballot to a person;

(c) not being a person entitled to be in possession of a ballot, has a ballot in his or her possession;

(d) fraudulently puts or arranges to be put into a ballot box a paper other than a ballot authorized by this Part;

(e) fraudulently takes a ballot out of the polling station;

(f) without authority destroys, takes, opens or otherwise interferes with a ballot box or ballots then in use for the purpose of an election;

(g) being a deputy returning officer fraudulently puts, otherwise than as authorized by this Part, his or her initials on the back of a paper purporting to be or capable of being used as a ballot at an election;

(h) with fraudulent intent, prints a ballot or what purports to be or is capable of being used as a ballot at an election;

(i) being authorized by the Chief Electoral Officer or a returning officer to print the ballots for an election, prints without authority more ballots than he or she is authorized to print;

(j) being a deputy returning officer, places upon a ballot, except as authorized by this Part, any writing, number, or mark with intent that the elector to whom the ballot is to be or has been given may be identified by it;

(k) manufactures, constructs, brings into the province, has in possession, supplies to an election officer, or uses for the purpose of an election a ballot box containing or including a compartment, appliance, device or mechanism by which a ballot can be secretly placed or stored in it, or having been deposited in it during polling, can be secretly diverted, misplaced, affected or manipulated; or

(l) knowingly makes a false statement in an application made under this Act.

False statements

197. A person is guilty of an offence who, before or during an election, for the purpose of affecting the return of a candidate at that election, makes or publishes a false statement in relation to the personal character or conduct of that candidate.

Printed documents

198. (1) A printed advertisement, handbill, placard or poster having reference to an election is to bear upon its face the name and address of its printer and the person who authorized it on behalf of or as the representative of a candidate or party.

(2) A person is guilty of an offence who prints, publishes, distributes or posts up, or arranges to be printed, published, distributed or posted up, a document described in subsection (1), unless it bears upon its face the name and address of its printer and the person who authorized it on behalf of or as the representative of a candidate or party.

Improper voting by proxy

199. A person is guilty of an offence who,

(a) appoints a proxy to vote for reward or remuneration;

(b) induces or procures an elector by undue influence to appoint a proxy to vote at an election;

(c) unduly solicits or attempts to solicit from an elector an appointment as a proxy to vote at an election;

(d) having appointed a proxy to vote at an election, attempts to vote at the election otherwise than by means of that proxy while the proxy is in force;

(e) knowingly appoints more than 1 person as a proxy to vote; or

(f) having been appointed a proxy to vote at an election, votes or attempts to vote at the election under the authority of the proxy when he or she knows or has reasonable grounds for supposing that his or her appointment has been cancelled or that the elector who made the appointment is no longer entitled to vote or is dead.

Offences by election officers

200. (1) A deputy returning officer or poll clerk acting at a polling station in administering an oath who mentions as a disqualification a fact or circumstance that to his or her knowledge is not a disqualification according to the provisions of this Part, is guilty of an offence.

(2) An enumerator who wears an enumerator's badge referred to in section 33 at any time other than when preparing or revising the list of electors and a person who is not an enumerator who wears a badge or another badge purporting to be an enumerator's badge is guilty of an offence.

(3) A person is guilty of an offence who, being appointed under this Part to prepare a list of electors, wilfully and without reasonable excuse,

(a) includes in a list of electors prepared by him or her the name of a person whose name he or she has good reason to believe should not be included; or

(b) omits to include in the list the name of a person whom he or she has good reason to believe has the right to have his or her name included.

Other offences by officers

201. (1) An election officer who fails or refuses to comply with a provision of this Part is guilty of an offence.

(2) Subsection (1) does not apply to an election officer where

(a) he or she was acting in good faith;

(b) his or her failure or refusal was reasonable; and

(c) he or she did not intend to

(i) affect the result of the election,

(ii) permit a person to vote whom he or she believed was not qualified to vote, or

(iii) prevent a person from voting whom he or she believed was qualified to vote.

Obstructing enumerator

202. A person who impedes or obstructs an enumerator in the performance of his or her duty under this Part is guilty of an offence.

Wrongful application

203. A person is guilty of an offence who

(a) applies under this Part to be included in a list of electors in the name of some other person, whether that name is that of a person living or dead, or of a fictitious person; or

(b) having once to his or her knowledge been properly included in a list of electors under this Part as an elector entitled to vote at an election applies to be included in a list of electors prepared for another polling division as an elector entitled to vote at the same election.

False statement re candidate

204. A person is guilty of an offence who, for the purpose of procuring the election of a candidate, knowingly publishes before or during an election, a false statement of the withdrawal of another candidate at the election.

Inducing person to vote

205. A person is guilty of an offence who induces or procures another person to vote at an election, knowing that the other person is disqualified from voting or incompetent to vote at the election.

Removing notices

206. A person is guilty of an offence who unlawfully takes down, covers up, mutilates, defaces or alters a printed or written proclamation, notice, or other document, authorized or required by this Part.

Hindering employee's vote

207. An employer is guilty of an offence who refuses, or by intimidation, undue influence, or in another way, interferes with the granting to an elector in his or her employ, of the consecutive hours for voting provided in section 210.

Penalty

208. A person who is guilty of an offence under section 191, 192, 193, 194, 195, 196, 197, 198 or 199 is liable on summary conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both a fine and imprisonment.

For other offences

209. A person who is guilty of an offence under this Part that is not an offence referred to in section 208 and for which no other penalty is specifically provided, is liable on summary conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months, or to both a fine and imprisonment.

DIVISION H
MISCELLANEOUS

Employees time to vote

210. (1) An employee who is qualified to vote at an election, is, while the polls are open on polling day at an election, entitled to have 4 consecutive hours for the purpose of casting his or her vote.

(2) When the hours of employment of a person described in subsection (1) do not allow for 4 consecutive hours, his or her employer shall allow the person the additional time for voting that is necessary to provide the 4 consecutive hours.

(3) No employer shall make a deduction from the pay of an employee or impose upon or exact from the employee a penalty by reason of absence from his or her work during the 4 consecutive hours that the employee is entitled to under this section to vote.

(4) Additional time for voting required under subsection (2) may be granted at the convenience of the employer.

Respecting oaths

211. Where it is required or intimated by a prescribed form that an oath be taken before a person, that person may administer the oath required, and the deputy returning officer may administer the oath except an oath that is required to be sworn to the returning officer.

Respecting fees

212. The Chief Electoral Officer, subject to the approval of the Commission of Internal Economy of the House of Assembly, may by regulation prescribe the remuneration, allowances or expenses to be paid and allowed to returning officers, deputy returning officers, poll clerks, enumerators, other election officers and other persons employed at or with respect to elections under this Part.

Certification of accounts

213. (1) A returning officer shall certify the accounts presented by enumerators and by all other persons employed by him or her in the preparation and revision of a list of electors.

(2) A returning officer shall certify the accounts of all deputy returning officers for his or her electoral district and of all other persons employed by the returning officer or by a deputy returning officer in conducting an election under this Part.

Compiling statistics

214. The Chief Electoral Officer shall publish within 9 months after each general election and each by-election a book containing pertinent statistics of the election, including poll-by-poll results of each electoral district.

Notices generally

215. When an election officer is by this Part authorized or required to give a public notice and no special mode of notification is prescribed, the notice may be by advertisement, placard, handbill, or otherwise as the officer considers will best effect the purpose intended.

Time falling on holiday

216. Where anything is required by this Part to be done on a day or stated number of days before or after a named event and that day falls on a holiday within the meaning of the Labour Standards Act,

(a) if the act is required to be done before the event, it shall be done on the day before the holiday; and

(b) if the act is required to be done after the event, it shall be done on the day after the holiday.

Plebiscite

217. (1) Where it appears to the Lieutenant-Governor in Council that an expression of opinion of the electors is desirable on a matter of public concern, the Lieutenant-Governor in Council may direct that a plebiscite or referendum be held to obtain the expression of opinion.

(2) The provisions of this Part relating to the holding of elections and the provisions of Part III respecting election finances apply, with the necessary changes, to a plebiscite or referendum held under subsection (1) except to the extent that the Lieutenant-Governor in Council by order otherwise directs.

Plebiscite on Constitution

218. Where the Lieutenant-Governor in Council decides to hold a plebiscite on a question relating to the Constitution of Canada or relating to or arising out of a possible change to the Constitution of Canada, the plebiscite may be held in conjunction with a plebiscite or referendum held by the government of Canada.

Federal Acts may apply

219. (1) Notwithstanding subsection 217(2), where a plebiscite is held under section 218, the Lieutenant-Governor in Council may agree with the government of Canada that the provisions of the Canada Elections Act including the use of the list of electors compiled under that Act and the use of returning officers and other election officials appointed under that Act, and the Referendum Act (Canada) shall apply to the holding of a plebiscite under section 218.

(2) Where subsection (1) applies to the holding of a plebiscite, that plebiscite shall be considered to have been as validly held as if it had been conducted according to the provisions of this Act.

Cancellation of plebiscite

220. The Lieutenant-Governor in Council may, at any time before the day on which the plebiscite is to be held, cancel the plebiscite.

Regulations

221. The Lieutenant-Governor in Council may make regulations

(a) regulating or prohibiting, for the purpose of campaigning for or against a question put to the electors at a plebiscite,

(i) contributions that may be made to political parties, persons or groups of persons, and

(ii) expenses that may be incurred by political parties, persons and groups of persons; and

(b) generally, which the Lieutenant-Governor in Council considers necessary to facilitate the holding of a plebiscite.

Conveyance of elector

222. It is lawful for a candidate or a person on behalf of a candidate to transport an elector to or from a polling place, and to pay the expenses of so doing.

Regulations

223. (1) The Lieutenant-Governor in Council may make those regulations that are necessary for the better administration of this Part and, in particular may make regulations prescribing for those matters, other than forms, that are required to be prescribed under this Part.

(2) The Chief Electoral Officer, may by regulation, prescribe forms for use under this Act.

Offence under regulation

224. A person who contravenes a regulation made under subsection 223(1) is guilty of an offence and liable on summary conviction to a fine, not exceeding $1,000, that the regulations may prescribe.

Validity of consolidation of Act

225. The furnishing of a copy of the consolidation of the Act, to a deputy returning officer is in compliance with paragraph 94(1)(e) with respect to the furnishing of a copy of this Act to a deputy returning officer.

Abbreviations

226. A political party may refer to itself by a recognized abbreviation of its name and may be referred to in election materials prepared under this Act by that abbreviation.

PART II
CONTROVERTED ELECTIONS

Definitions

227. In this Part

(a) "application" or "election application" means an application described in section 228;

(b) "court" means the Trial Division;

(c) "corrupt practices" means those acts in relation to elections that are declared to be offences under sections 191, 192, 193, 194 and 195 or another Act of the Legislature or recognized as corrupt practices by the common law of Parliament;

(d) "illegal practices" means those acts in relation to elections that are declared to be offences under sections 196, 197 and 198;

(e) "judge" means a judge of the court;

(f) "prescribed" means prescribed by this Part or by Rules of Court;

(g) "Rules of Court" means Rules of Court made under the Judicature Act;

(h) "trial judge" means the judge trying an election application or performing a duty to which the enactment in which the expression occurs has reference.

Description of election application

228. An election application is one that complains

(a) of an improper return of an election or improper election of a member to the House of Assembly;

(b) of no return or a double return of the election of a member to the House of Assembly; or

(c) of an unlawful act by a candidate not returned by which he or she is alleged to have become disqualified to sit in the House of Assembly.

When application can be made

229. (1) An application relating to an election may be made to the court by

(a) a candidate at that election; or

(b) a person who had the right to vote at that election.

(2) The production of the list of electors containing the name of the applicant as set out in the application or of a copy of the list certified by the Chief Electoral Officer to be a true copy of the list of electors used in the electoral district at the election to which the application relates is conclusive proof that the applicant could lawfully make the application.

(3) Where the applicant was a candidate at the election to which the application relates, an affidavit by the applicant that he or she was a candidate or a qualified elector at that election, is conclusive proof that the applicant could lawfully make the application.

Application re no return

230. Where an application is made under this Part that complains of no return, the court may make an order for compelling a return to be made, or the court may allow the application to be tried in the manner provided in this Part with respect to ordinary election applications.

Returning officer as respondent

231. When an application complains of the conduct of a returning officer, the returning officer is presumed to be a respondent.

Application re candidates

232. (1) Two or more candidates may be made respondents to the same application and their cases may, for convenience, be tried at the same time.

(2) An application to which 2 or more candidates are made respondents is presumed to be a separate application against each respondent for the purpose of the security to be given on behalf of the application and for all other purposes of this Part.

Contents of application

233. (1) An election application need not be in a particular form but it shall complain

(a) of the improper return of an election or improper election of a member;

(b) that no return or a double return has been made; or

(c) of an unlawful, illegal or corrupt act.

(2) An application shall contain those particulars of the complaint set out in it that may be necessary to prevent surprise or unnecessary expense to the respondent and to assure a fair and effective trial.

(3) An application shall be signed by the applicant or all the applicants if there is more than 1 person making the application.

Sufficiency of particulars

234. (1) A judge may, on application of either of the parties made within 5 days of the service of an application, summarily determine the sufficiency of the particulars given in the application.

(2) Where the judge determines that the particulars given in the application are insufficient, he or she shall order the production by the applicant, within a period fixed by the judge, not being more than 5 days, of those additional particulars that the judge may prescribe and define.

Application time limit

235. (1) An application shall be made within 2 months after the day on which polling day was held for the election to which the application relates.

(2) When an application

(a) questions the return or an election upon an allegation of a corrupt practice or an illegal practice; and

(b) specifically alleges a payment of money or other act to have been made or done

(i) by the member to whose return the application relates, or

(ii) by a scrutineer of that member with the consent and knowledge of the member or his or her official agent

in pursuance or in furtherance of the corrupt or illegal practice alleged in the application,

the application may be made within 1 month of the payment of that money or the doing of that other act.

Amending application

236. An application that is made within the time limited for it by this Part may, for the purpose of questioning the return of an election upon an allegation of a corrupt practice or illegal practice, be amended, with the leave of a judge, within the time within which an application questioning the return upon an allegation of a corrupt or illegal practice may be made under this Part.

Complaint of no return

237. An application that complains of no return may be made after the expiration of 7 days after the day upon which the return should have been made and before it is made.

Counter application

238. A candidate against whom an application is made may, within 15 days from the making of that application, make an application to the court complaining of the undue return or undue election of a person or of an unlawful, illegal or corrupt act committed by a person who has been a candidate at an election under Part I.

Making application

239. An application is made under this Part by delivering the application to the office of the Registrar of the Supreme Court.

Security for costs

240. (1) When making an application, the applicant shall deposit with the Registrar of the Supreme Court the sum of $500 as security for the payment of all costs, charges and expenses that become payable by the applicant.

(2) The Registrar shall give a receipt to the applicant for a sum deposited under subsection (1) and the receipt is conclusive proof of the making of the deposit and the sufficiency of it.

Notice of application

241. (1) Notice of the making of an application under this Part, and of the depositing of security for it, accompanied by a copy of the application shall be served on the respondent within 10 days, or the further time that a judge may allow, from the delivering of the application to the office of the Registrar of the Supreme Court.

(2) Substituted service may be made under subsection (1) by leave of a judge in the manner prescribed by the Rules of Court.

Preliminary objection

242. (1) Within 10 days after the service of an application or within the further time that a judge may allow, the respondent may file in the office of the Registrar of the Supreme Court preliminary objections that he or she might have to argue against the application or applicant or against further proceedings on the application, and at the same time the respondent shall serve a copy of the preliminary objection upon the applicant.

(2) The judge shall hear the parties on the preliminary objections and decide them in a summary manner.

When application in issue

243. (1) Within 5 days after a decision upon a preliminary objection or on the expiration of the time for filing a preliminary objection, if none is filed, the respondent may file a written answer to the application and shall serve a copy upon the applicant.

(2) Whether or not an answer to an application is filed, the application is at issue after the expiration of the time for filing an answer to it.

(3) The court may, after the application is in issue, fix, upon the application of either party, a convenient time for the trial of the application.

List of applications

244. (1) The Registrar of the Supreme Court shall, as soon as possible, make out a list of all applications made under this Part that are at issue.

(2) The applications are to be listed in the order in which they were made and shall be tried in the order in which they stand on the list.

(3) The list of applications at issue is open to inspection on application to the office of the Registrar.

Trial of application

245. Every application shall be tried by a judge without jury.

Notice of trial

246. Notice of the time and place at which an application will be tried shall be given not less than 10 days before the day on which the trial is to take place.

Adjournment of trial

247. (1) The trial of an application may be adjourned and may be continued at another place, upon cause shown supported by affidavit where special circumstances exist that in the opinion of the trial judge make it desirable to do that.

(2) A trial shall as far as practicable be proceeded with from day to day until concluded.

Consolidation of applications

248. When more applications than 1 are presented relating to the same return or election, all the applications may be dealt with, on the application of the respondent, in the same manner as actions are consolidated according to the practice of the court.

Corrupt and illegal practice

249. Unless the trial judge otherwise directs a charge of corrupt practice or illegal practice may be heard and evidence in relation to it received before proof has been given of agency on the part of a candidate in respect of the corrupt or illegal practice.

Special case

250. (1) Where, upon the application of a party to an election application made to the trial judge, it appears to him or her that the case raised by the application can be conveniently stated as a special case, the trial judge may direct one to be so stated.

(2) A special case shall be heard before the trial judge, and he or she may give the judgment that the justice of the case requires.

(3) In the manner and at the time prescribed in this Part, the trial judge who heard the special case shall certify his or her decision on the special case to the speaker.

Not void election

251. A corrupt practice or illegal practice does not void an election if the corrupt or illegal practice

(a) is committed by a scrutineer without the knowledge or consent of the candidate; and

(b) was of such trifling nature or extent that the result of the election cannot have been affected by it either alone or in conjunction with other corrupt or illegal practices at the election.

Non-liability

252. When it appears to the trial judge upon the trial of an election application

(a) that an act constituting in law a corrupt practice or illegal practice was committed by a candidate or with his or her knowledge and consent, but without a corrupt intent and by excusable misadventure; and

(b) it is proved that the candidate honestly desired and in good faith endeavoured, as far as he or she could, to have an election conducted according to law,

the candidate is not subject to the penalties and disabilities that he or she would, but for this section, incur.

Certificate of the judge

253. (1) At the conclusion of the trial the trial judge shall determine whether the candidate whose return or election is complained of or another person was returned or elected, or whether the election was void, and immediately certify that determination in writing to the speaker.

(2) As soon as is reasonably possible after the conclusion of a trial referred to in subsection (1), the trial judge shall forward to the speaker a copy of the reasons for his or her determination.

Judge's report to speaker

254. Where a charge is made in an application of a corrupt practice or illegal practice having been committed at the election to which the application relates, the trial judge shall, in addition to and when forwarding the certificate referred to in section 253, report in writing to the speaker

(a) whether a corrupt or illegal practice has or has not been proved to have been committed by or with the knowledge or consent of a candidate at that election and the nature of the corrupt or illegal practice;

(b) the names of all persons who have been proved at the trial to have been guilty of a corrupt or illegal practice; and

(c) whether there is reason to believe that corrupt or illegal practices have extensively prevailed at the election to which the application relates.

Invalidation of election

255. Where it is found by the report of the trial judge upon an application that a corrupt or illegal practice has been committed by, or with the knowledge or consent of a candidate at the election complained of, his or her election, if he or she has been elected, is void.

Duty of speaker

256. (1) The speaker shall, at the earliest practicable moment after receiving the certificate and report of the trial judge, give the necessary directions, and adopt all the proceedings necessary, for confirming or altering the return, or shall request the Lieutenant-Governor in Council to issue a writ for a new election.

(2) Where the Lieutenant-Governor in Council receives a request from the speaker under subsection (1), he or she shall, as soon as practicable, issue a writ for a new election.

Speaker to inform House of Assembly

257. The speaker shall, without delay, communicate to the House of Assembly the determination, report and certificate of the trial judge and his or her own proceedings on it.

Withdrawal of application

258. An application

(a) may be withdrawn by leave of the court on application of the applicant, subject to those terms that the court may direct; or

(b) may, upon the application of the respondent and by leave of the court, be dismissed, after 2 months from the making of the application, for want of prosecution.

Consent for withdrawal

259. Where there are more applicants than 1, an application to withdraw an application may be made only with the consent of all the applicants.

Costs

260. Where an application is withdrawn the applicant shall pay the costs of the respondent, unless the court otherwise orders.

Proceedings may be stopped

261. (1) An application made by 1 applicant is put an end to by his or her death.

(2) An application made by several applicants is put an end to by the death of the survivor of those applicants.

(3) An application is put an end to by the death of the respondent.

Effect of abatement

262. The putting an end to of an application does not affect the liability of the applicant for the payment of costs previously incurred.

Substituted application

263. (1) On the putting an end to of an application by reason of the death of an applicant, a person who, in respect of the election to which the ended application relates, could have been an applicant may, within 21 days after the putting an end to of it, apply to the court to be substituted as an applicant.

(2) The court may substitute as an applicant an applicant under subsection (1) on whose behalf security is deposited in the same amount as was required in the case of the original application.

Taxation of costs

264. All costs, charges and expenses paid or incurred by a party to an application shall be taxed by the Registrar of the Supreme Court and may be recovered by execution as in ordinary cases.

Powers of judge

265. The judge trying an election application has all the powers of summoning and compelling the attendance of witnesses and process and punishment for contempt that the court has, and has all the powers, jurisdiction and authority of the court.

Appeal to Court of Appeal

266. (1) An appeal on a question of law lies from a decision of a judge under this Part to the Court of Appeal.

(2) An appeal under subsection (1) shall be made not later than 10 days from the day on which the decision appealed from was given.

(3) Where an appeal is made under subsection (1), the Court of Appeal shall give its decision on the question referred to it within 30 days of the notice of appeal.

(4) Where an appeal is made under subsection (1), sections 255, 256 and 257 shall not apply until the Court of Appeal gives its decision on the appeal.

Rules

267. (1) The procedure governing the hearing of a matter provided by the Judicature Act and the Rules of Court apply, with the necessary changes, to election applications and the trial of them.

(2) Notwithstanding subsection (1), where there is a conflict between a provision of this Part and a provision of the Judicature Act or the Rules of Court, the provision of this Part prevails.

Federal practices

268. In matters not provided for by or under this Part, the Judicature Act or the Rules of Court, the principles, practice and rules under which election applications touching the election of members of the House of Commons of the Parliament of Canada are dealt with, shall, to the extent that it is possible to do so consistently with this Part, be observed in the trial of election applications under this Part.

PART III
ELECTION FINANCES

Interpretation

269. (1) In this Part

(a) "broadcasting undertaking" means a broadcasting undertaking as defined in section 2 of the Broadcasting Act (Canada);

(b) "by-election" means an election other than a general election;

(c) "campaign period" means the period beginning with the issue of a writ for an election and ending 6 months after polling day;

(d) "candidate" means,

(i) a person who is nominated as a candidate for an electoral district in accordance with Part I,

(ii) a person who is selected by a district association of a registered party in an electoral district as the official candidate of that party in the electoral district, or

(iii) a person who, on or after the date of the issue of a writ for an election in an electoral district, declares himself or herself to be a non-affiliated candidate at the election in an electoral district;

(e) "contribution" means services, money or other property donated to a political party, district association or candidate to support a political purpose;

(f) "district association" in an electoral district means the association or organization endorsed by a registered party as the official association of that party in the electoral district;

(g) "election expenses" means all expenses, except expenses referred to in section 313, incurred during a campaign period for the purpose of promoting or opposing, directly or indirectly, the election of a candidate or that of the candidates of a party and includes all expenses incurred before a campaign period for literature, objects or materials of an advertising nature used during the campaign period for that purpose;

(h) "general election" means an election in respect of which election writs are issued for all electoral districts;

(i) "outdoor advertising facilities" means facilities, other than radio and television and newspapers, magazines and other periodical publications, of a natural person, corporation or trade union who or that is in the business of providing those facilities on a commercial basis for advertising purposes;

(j) "person" does not include a trade union;

(k) "political party" means an organization that fields candidates for the purpose of contesting an election of members to the House of Assembly;

(l) "polling day" means the day fixed under Part I for holding the poll at an election;

(m) "registered non-affiliated candidate" means a non-affiliated candidate registered under this Part;

(n) "registered district association" means a district association registered under this Part;

(o) "registered party" means a political party registered under this Part;

(p) "revised list of electors" means the list of electors certified by the Chief Electoral Officer under Part I; and

(q) "trade union" means a trade union as defined by the Labour Relations Act or the Canada Labour Code that holds bargaining rights for employees in the province.

(2) Corporations that are associated with one another under section 256 of the Income Tax Act (Canada) shall be considered as a single corporation for the purpose of this Act.

Exceptions

270. This Part does not apply to campaigns and conventions carried on or held in relation to the leadership of a registered party or in relation to district nominations for endorsement of official party candidates.

Existing trust funds

271. (1) Where, on the coming into force of this Part,

(a) funds are held in trust; or

(b) funds raised before the expiration of 30 days after the commencement of this Part, by a fund-raising function organized before that day are placed in trust,

for the purpose of a political party, district association or the future candidacy of a person at an election or a future election campaign of a person, those funds shall be dealt with under subsection (2).

(2) The trustees of each trust referred to in subsection (1),

(a) shall, within 60 days after the commencement of this Part, report in writing to the Chief Electoral Officer the existence of the trust and the total amount of the funds in it;

(b) shall maintain the funds remaining in the trust on deposit with a financial institution that is lawfully entitled to accept deposits or in investments authorized for trust money by the Trustee Act;

(c) shall not permit funds or other property to be added to the trust other than interest on the amounts on deposit or the income from the investments referred to in paragraph (b);

(d) shall file with the Chief Electoral Officer before May 1 in each year a report of the expenditures from the trust during the previous year and their declaration that they have complied with the provisions of paragraphs (b) and (c); and

(e) where the trust is terminated, shall immediately notify the Chief Electoral Officer.

Staff

272. There may be employed in the manner provided by law an electoral finances director, legal counsel, auditors and other staff that are necessary to enable the Chief Electoral Officer to properly carry out his or her responsibilities under this Part.

Duties of CEO

273. (1) The Chief Electoral Officer, in addition to his or her other powers and duties under this Act, shall

(a) assist registered parties, registered district associations and registered non-affiliated candidates in the preparation of returns required under this Part;

(b) ensure that every registered party, registered district association and registered non-affiliated candidate has appropriate auditing services in order to properly comply with this Part;

(c) examine all financial returns filed with him or her;

(d) reimburse registered district associations that endorsed candidates and registered non-affiliated candidates for election expenses in accordance with section 318;

(e) recommend amendments to this Part that he or she considers advisable;

(f) prescribe forms and the contents of forms for use under this Part and provide for their use;

(g) prepare, print and distribute forms for use under this Part;

(h) provide those guidelines that he or she considers necessary for the guidance of auditors and registered parties, registered district associations and registered non-affiliated candidates and their officers; and

(i) publish a report of the election receipts, expenses and subsidy of each registered party, registered district association and registered non-affiliated candidate in the Gazette.

(2) The Chief Electoral Officer shall conduct periodic investigations and examinations of the financial affairs and records of registered parties, registered district associations and of registered non-affiliated candidates in relation to elections and may conduct an audit of the accounts of a registered party, registered district association or registered non-affiliated candidate where he or she considers it necessary to do so.

(3) The Chief Electoral Officer shall report annually to the speaker upon the affairs of the office of the Chief Electoral Officer under this Part and the report shall be laid before the House of Assembly at the 1st convenient opportunity.

Powers to inspect

274. (1) For the purpose of determining whether this Part is being complied with, a representative of the Chief Electoral Officer, upon production of his or her authorization from the Chief Electoral Officer to enter the premises that are referred to in the authorization and in which the books, papers and records of a political party, district association or candidate are kept, may at any reasonable time enter those premises and examine those books, papers and records.

(2) Where the Chief Electoral Officer or a representative of the Chief Electoral Officer believes on reasonable grounds that a party, district association or candidate is contravening or has contravened a provision of this Part, the Chief Electoral Officer or his or her representative may, with a warrant issued under subsection (3)

(a) enter and search premises;

(b) make inquiries;

(c) make copies or abstracts of books, papers or records that may give evidence of a contravention of this Part; or

(d) take away books, papers or records for the purpose of making copies.

(3) A provincial court judge who is satisfied by information on oath or affirmation that there are reasonable grounds for believing that there is on a premises evidence with respect to a contravention of this Part may issue a warrant authorizing the Chief Electoral Officer or his or her representative named in the warrant to enter and search those premises and to make those inquiries and copies of books, papers and records that are necessary, subject to the conditions that may be specified in the warrant.

(4) The person in charge of the premises and a person found there shall give the Chief Electoral Officer or his or her representative reasonable help to enable him or her to carry out his or her duties under this section and shall provide the information that the Chief Electoral Officer or his or her representative may reasonably require.

Information

275. The information, with respect to the affairs of a registered party, registered district association or registered non-affiliated candidate that is reasonably required in respect of its or his or her duties under this Part, that the Chief Electoral Officer may request, shall be provided by the registered party, registered district association or registered non-affiliated candidate within 30 days after receiving a written request for it from the Chief Electoral Officer or within the extended period that the Chief Electoral Officer may determine.

Audit

276. The accounts and financial transactions of the Chief Electoral Officer under this Part shall be audited by the auditor general.

Inspection of information

277. (1) All documents filed under this Part with the Chief Electoral Officer are public records and may be inspected by a person upon request at the offices of the Chief Electoral Officer during normal office hours.

(2) A person may take extracts from the documents referred to in subsection (1) and is entitled to copies of them upon payment for the preparation of the copies at a rate that the Chief Electoral Officer may determine.

Registration of parties

278. (1) A political party and a natural person, corporation or trade union acting on behalf of the political party shall not accept contributions for the purpose of the party at an election or for an election campaign of a person unless the party is registered under this Part.

(2) A political party that

(a) nominated candidates in at least 13 of the electoral districts in the most recent general election;

(b) nominates candidates in at least 13 of the electoral districts following the issue of a writ for a general election; or

(c) other than during a campaign period, provides the Chief Electoral Officer with names, addresses and signatures of 1,000 persons who

(i) are eligible to vote in an election, and

(ii) attest to the existence of the political party concerned,

shall apply to the Chief Electoral Officer for registration in the register of political parties.

(3) The Chief Electoral Officer shall maintain a register of political parties and shall register in it a political party that is qualified to be registered and that files an application for registration with the Chief Electoral Officer.

(4) An application under subsection (2) shall set out

(a) the full name of the political party;

(b) the political party name or abbreviation to be shown in an election document;

(c) the name of the leader of the political party;

(d) the address of the place where records of the political party are maintained and of the place to which communications may be addressed;

(e) the names of the principal officers of the political party;

(f) the names and addresses of the chief financial officer and the auditor of the political party;

(g) the names of all persons authorized by the political party to accept contributions;

(h) the name and address of every chartered bank, trust company, or other financial institution that is lawfully entitled to accept deposits, to be used by the political party as the depositories for contributions made to that political party;

(i) the names of the political party signing officers responsible for each depository referred to in paragraph (h); and

(j) an audited statement of the assets and liabilities of the political party as of a date not earlier than 90 days prior to the date of its application for registration and attested to by the chief financial officer.

(5) Upon receipt of an application for registration of a political party, the Chief Electoral Officer shall examine the application and determine if the political party can be registered and,

(a) if the political party can be registered, enter it in the register of political parties and so inform the political party; or

(b) if the political party cannot be registered, so inform the political party with written reasons for this determination.

(6) The Chief Electoral Officer shall not register a political party if the name of the party includes the word "non-affiliated" or if in the opinion of the Chief Electoral Officer the name or the abbreviation of the name of the party so nearly resembles the name or abbreviation of the name of a registered party as to be likely to be confused with the registered party.

(7) Where any of the information referred to in paragraphs (4)(a) to (i) is altered, the registered party shall in writing notify the Chief Electoral Officer within 30 days of the alteration and, upon receipt of a notice, the Chief Electoral Officer shall vary the register of political parties accordingly.

(8) Immediately after each general election, every registered party shall certify to the satisfaction of the Chief Electoral Officer that it continues to meet the criteria for registration set out in subsection (2).

District associations

279. (1) A district association of a registered party and a natural person, corporation or trade union who or that is acting on behalf of the district association shall not accept contributions for the purpose of the district association or for the purpose of the registered party or for the candidacy of a person at an election or for an election campaign of a person unless the district association is registered under this Part.

(2) The Chief Electoral Officer shall maintain a register of district associations and shall register in it a district association of a registered party that files an application for registration.

(3) An application under subsection (2) shall set out

(a) the full name of the district association and of the registered party by which it is endorsed;

(b) a statement by the party with which the association claims an affiliation stating that the party supports its application for registration;

(c) the address of the place where records of the district association are maintained and of the place to which communications may be addressed;

(d) the names of the principal officers of the district association;

(e) the names and addresses of the chief financial officer and the auditor of the district association;

(f) the names of all persons authorized by the district association to accept contributions;

(g) the name and address of every chartered bank, trust company, or other financial institution that is lawfully entitled to accept deposits, to be used by the district association as the depositories for all contributions made to that district association;

(h) the names of the district association signing officers responsible for each depository referred to in paragraph (g); and

(i) an audited statement of the assets and liabilities of the district association as of a date not earlier than 90 days prior to the date of its application for registration and attested to by the chief financial officer.

(4) Upon receipt of an application for registration of a district association, the Chief Electoral Officer shall examine the application and determine if the district association can be registered and,

(a) if the district association can be registered, enter it in the register of district associations and so inform the district association and the party with which it is affiliated; or

(b) if the district association cannot be registered, so inform the district association and the party with which it is affiliated with written reasons for this determination.

(5) Where any of the information referred to in paragraphs (3)(a) to (h) is altered, the registered district association shall in writing notify the Chief Electoral Officer within 30 days of the alteration and, upon receipt of a notice, the Chief Electoral Officer shall vary the register of district associations accordingly.

Date of application

280. Sections 278 and 279 do not apply to a political party or its district associations, except the political parties and their district associations that are considered by section 281 to be registered under this Part, until the date named in a notice published by the Chief Electoral Officer in the Gazette as the 1st day upon which applications for registration of political parties and district associations will be received for filing by the Chief Electoral Officer.

Registration presumed

281. (1) A political party that is qualified under subsection 278(2) to be registered under this Part is considered to be registered under this Part on the commencement of this Part and each district association of that political party is considered to be registered under this Part on the same day.

(2) Where a political party or district association referred to in subsection (1) or (6) receives a request in writing from the Chief Electoral Officer to file an application for registration under this Part, it shall immediately comply with that request and where the political party or district association becomes registered as the result of the application, subsection (1) ceases to apply to it.

(3) Where contributions are received, by or on behalf of a political party or district association referred to in subsection (1), during the period from the commencement of this Part to and including the day it becomes registered as a result of an application under subsection (2), the political party and district association

(a) shall record each contribution accepted by it in the case of contributions under $100, as to amount and in the case of contributions equal to or greater than $100, as to amount and source and shall deposit all contributions in an account in a chartered bank, trust company or other financial institution that is lawfully entitled to accept deposits; and

(b) shall issue receipts for a contribution in accordance with this Part within a reasonable time after it becomes registered as the result of an application under subsection (2).

(4) Where by reason of an amendment to the House of Assembly Act, a district association referred to in subsection (1) ceases to exist, it is presumed never to have been registered under subsection (1) and the assets of that association shall be vested in and its liabilities and obligations shall be assumed by the political party with which the association was affiliated.

(5) Where by reason of this Part a district association referred to in subsection (1) is replaced by another district association, that other district association is presumed to be an association referred to in subsection (1) and the assets of that association shall be vested in and its liabilities and obligations shall be assumed by the successor district association.

(6) Where by reason of an amendment to the House of Assembly Act, a new district association endorsed by a political party referred to in subsection (1) was formed and it does not replace a district association referred to in subsection (1) the new district association is presumed to be registered under this Part on the date of its formation.

Deregistration

282. (1) The Chief Electoral Officer shall deregister

(a) a party on an application by the party;

(b) a district association on an application by the registered party with which the association is affiliated; or

(c) a party which is unable to certify to the Chief Electoral Officer that it continues to meet the criteria for registration set out in subsection 278(2) or subsection 279(3).

(2) The Chief Electoral Officer may deregister

(a) a party where no registered district association of that party nominates a candidate at a general election or where the party fails to comply with subsection 278(7) or the chief financial officer of the registered party fails to comply with section 309 or 310; or

(b) a district association where the association fails to comply with subsection 279(5) or the chief financial officer of the association fails to comply with section 309 or 310.

(3) Where, under subsection (2), the Chief Electoral Officer proposes to deregister

(a) a party, he or she shall give notice in writing of the proposal with written reasons to the party; or

(b) a district association, he or she shall give notice in writing of the proposal with reasons to the district association and the party concerned,

and the party or district association so notified may, within 30 days after the sending of the notice, request the Chief Electoral Officer in writing to review his or her proposal.

(4) Where the Chief Electoral Officer receives a written request to review his or her proposal, the Chief Electoral Officer shall review the proposal and give the political party and district association notified under subsection (3), an opportunity to make representations.

(5) Following a review of the proposal, the Chief Electoral Officer may withdraw his or her proposal or deregister the political party or district association, and

(a) if the proposed deregistration involves a political party, the Chief Electoral Officer shall notify that political party in writing of his or her decision; and

(b) if the proposed deregistration involves a district association the Chief Electoral Officer shall notify the district association and the political party concerned in writing of his or her decision.

(6) Where the Chief Electoral Officer deregisters a political party or district association, the party or association may appeal to the Trial Division from the decision of the Chief Electoral Officer.

(7) The judge hearing an appeal under subsection (6) may affirm the decision of the Chief Electoral Officer to deregister a political party or district association or may reinstate the registration of the party or association.

Consequential deregistration

283. (1) Where a political party is deregistered, the registered district associations of the political party are also deregistered.

(2) Where a political party or district association is deregistered for failure to comply with section 309 or 310, it may not apply for registration until the financial statements required by section 309 or 310 together with the auditor's report required by subsection 308(6) that were not filed have been filed with the Chief Electoral Officer.

(3) Where a political party or district association is deregistered, all funds of the political party or district association not required to pay outstanding debts shall be paid over to the Chief Electoral Officer and held by him or her in trust for the political party or district association.

(4) Where the political party or district association does not again become registered under this Part within a period of 2 years following its deregistration, its funds are forfeited to the Crown and shall be remitted by the Chief Electoral Officer to the Consolidated Revenue Fund.

(5) Notwithstanding its deregistration, the provisions of this Part continue to apply to a political party or district association until the Chief Electoral Officer is satisfied that the party or association has satisfied all of its liability and obligations incurred while it was registered under this Part.

Registration of candidate

284. (1) Every non-affiliated candidate shall, prior to polling day, file with the Chief Electoral Officer an application for registration under this Part.

(2) A natural person, corporation or trade union who or that is acting on behalf of a person shall not accept contributions for the candidacy of that person at an election or for an election campaign of that person unless that person is a non-affiliated candidate registered under this Part.

(3) The Chief Electoral Officer shall maintain a register of non-affiliated candidates in relation to each election held after this Part comes into force and shall register a candidate who files an application for registration with the Chief Electoral Officer.

(4) An application under subsection (3) shall set out

(a) that the candidate

(i) has been nominated in accordance with Part I in the electoral district specified in his or her application, or

(ii) has not been nominated in accordance with Part I but, after the issue of a writ for an election in an electoral district, has declared himself or herself a non-affiliated candidate at the election in that electoral district;

(b) the full name and address of the candidate;

(c) the address of the place where records of the candidate are maintained and of the place to which communications may be addressed;

(d) the name of the auditor and the chief financial officer of the candidate;

(e) the names of all persons authorized by the candidate to accept contributions;

(f) the name and address of every chartered bank, trust company or other financial institution that is lawfully entitled to accept deposits to be used by or on behalf of the candidate as the depositories for all contributions made to that candidate; and

(g) the names of the persons responsible for each depository referred to in paragraph (f).

(5) A candidate who files an application under subsection (3),

(a) prior to the issue of a writ for an election is presumed to be registered with effect from the issue of the writ; and

(b) after the issue of a writ for an election is presumed to be registered on and after the day following the day of filing.

(6) An application under subsection (3) may be filed with the Chief Electoral Officer by registered mail in which case it is presumed to be filed on the date of registration.

(7) Where a registered non-affiliated candidate who was nominated in accordance with Part I, withdraws his or her candidacy in accordance with that Part, he or she shall so notify the Chief Electoral Officer in writing and the Chief Electoral Officer shall delete his or her name from the register of candidates.

(8) Where a registered non-affiliated candidate ceases to be registered, all contributions that have been collected by the candidate and that are still held by or on behalf of him or her at the time of termination of registration shall be paid over to the Chief Electoral Officer.

(9) The money paid over to the Chief Electoral Officer under subsection (8) shall be applied by him or her to the legitimate debts of the candidate and if there is a balance it shall be held in trust by the Chief Electoral Officer on behalf of the candidate and paid out according to subsection (10) or (11).

(10) Where a person on whose behalf money is held in trust under subsection (9), becomes a candidate, either in a by-election called before the next general election or in the next general election, the money held in trust for the person shall be paid to him or her for the purpose of contesting the election.

(11) Where a person, on whose behalf money is held in trust under subsection (9), does not become a candidate in an election referred to in subsection (10), the Chief Electoral Officer shall remit the money to the Minister of Finance who shall deposit it in the Consolidated Revenue Fund.

Contributions

285. (1) Contributions to registered parties, registered district associations and registered non-affiliated candidates shall be made only by natural persons individually, or by corporations and trade unions, individually.

(2) Only a registered party, registered district association or registered non-affiliated candidate may solicit, collect or accept contributions.

(3) The following are not considered as contributions for the purpose of this Part:

(a) an annual amount of not more than $25 paid by a person as dues for membership in a political party or district association;

(b) an amount of not more than $50 in each case paid as an entrance fee to an activity or demonstration of a political nature;

(c) the donation by a natural person of his or her personal services, talents or expertise, or the use of his or her vehicle or other personal property and the product of that donation, where it is given freely and not as part of his or her work in the service of an employer; and

(d) a donation, other than a donation of money, for political purpose made by a person, where

(i) the donation is made out of the property or undertaking of that person,

(ii) the total value of all the donations made by that person in a calendar year is less than $100, and

(iii) the person is not reimbursed or rewarded in any way for having made the donation.

(4) Money contributed to registered parties, registered district associations and registered non-affiliated candidates in amounts in excess of $100 shall be made only

(a) by a cheque that has the name of the contributor legibly printed on it and that is signed by the contributor and drawn on an account in the contributor's name;

(b) by a money order that is signed by the contributor; or

(c) in the case of money contributed by an individual, by the use of a credit card having the name of the individual contributor imprinted or embossed on it,

and a contribution of money shall not be accepted unless the contribution is made as required by this subsection.

(5) All money accepted by or on behalf of a registered party, registered district association or registered non-affiliated candidate shall be paid into the appropriate depository on record with the Chief Electoral Officer.

Anonymous contributions

286. (1) An anonymous contribution equal to or greater than $100 received by a registered party, registered district association or registered non-affiliated candidate shall not be used or expended, and shall be returned to the contributor if the contributor's identity can be established.

(2) Where a contributor's identity cannot be established, the contribution shall be paid over to the Chief Electoral Officer who shall remit the amount to the Consolidated Revenue Fund.

Limitations on contributions

287. (1) The total value of all contributions, excluding contributions made to defray expenses incurred during a campaign period, made during a calendar year shall not exceed

(a) in the case of an individual, the amount of $2,500; and

(b) in the case of a corporation or trade union, the amount of $10,000.

(2) In a campaign period for a general election, in addition to the contributions permitted by subsection (1), the total value of all contributions shall not exceed

(a) in the case of an individual, the amount of $2,500; and

(b) in the case of a corporation or trade union, the amount of $10,000.

(3) Money to be used for a political campaign by a candidate out of his or her own funds other than money from those funds paid for his or her own food, lodging and transportation during a journey for election purposes constitutes a contribution for the purpose of this Part and shall be paid into a depository on record with the Chief Electoral Officer.

Contributor to use own funds

288. (1) A natural person, corporation or trade union shall not contribute to a registered party, registered district association or registered non-affiliated candidate

(a) funds not actually belonging to him or her or it; or

(b) funds that have been given or furnished to him or her or it by a natural person or group of persons or by a corporation or trade union for the purpose of making a contribution.

(2) A registered party, registered district association or registered non-affiliated candidate and a person on its or his or her behalf shall not solicit or knowingly accept a contribution contrary to subsection (1).

(3) Where the chief financial officer learns that a contribution received by or on behalf of the registered party, registered district association or registered non-affiliated candidate for whom he or she acts was made contrary to subsection (1), he or she shall, within 30 days after learning that the contribution was made contrary to subsection (1), return the contribution or an amount equal to the sum contributed.

Funds from other parties

289. (1) A registered party, registered district association or registered non-affiliated candidate shall not accept a contribution from a federal political party registered under the Canada Elections Act or a provincial political party recognized by the chief electoral officer in another province except that, during a campaign period, a registered party may accept from such a federal or provincial political party an amount not exceeding, in the aggregate, $1,000 for each candidate endorsed by that registered party.

(2) The funds referred to in subsection (1) are not considered to be contributions for the purpose of this Part but they shall be recorded as to source and deposited in the appropriate depository on record with the Chief Electoral Officer.

(3) Subsection (1) does not apply to contributions made by a federal party to a provincial party to defray expenses incurred by the provincial party in carrying out activities on behalf of the federal party.

Value of goods and services

290. (1) The value of goods or services, other than those that are not contributions under subsection 285(3), provided to a registered party, registered district association or registered non-affiliated candidate is

(a) if the contributor is in the business of supplying those goods or services, the lowest amount charged by the contributor for an equivalent amount of the same goods or services at or about the time and in the market area in which the goods or services are provided; and

(b) if the contributor is not in the business of supplying those goods or services, the lowest amount charged, at or about the time the goods or services are provided, by another person who provides the same goods on a commercial retail basis or services on a commercial basis in the market area in which the goods or services are provided.

(2) The following only are considered as a contribution of goods or services for the purpose of this Part:

(a) a contribution of goods or services that have a value of more than $100; and

(b) contributions of goods or services that are from a single source in 1 year, excluding a campaign period for a general election, or part of a period in that year or in a campaign period for a general election and that in the aggregate have a value of more than $100.

(3) Where goods or services are provided to a registered party, registered district association or registered non-affiliated candidate for a price that is less than the value of the goods or services as determined under subsection (1), the amount that the price is less than that value is a contribution for the purpose of this Part.

(4) Where an employee spends time working for a registered party, registered district association or registered non-affiliated candidate for which he or she is compensated by his or her employer, the value of that compensation is a contribution of the employer for the purpose of this Part, where the employer is not a political party, district association or candidate.

Advertising as contribution

291. (1) Where

(a) a natural person, corporation or trade union with the knowledge and consent of a registered party, registered district association or registered non-affiliated candidate promotes the political party, its policies or the election of a candidate or opposes another registered party or the election of a registered non-affiliated candidate

(i) by advertising on the facilities of a broadcasting undertaking,

(ii) by publishing an advertisement in a newspaper, magazine or other periodical publication,

(iii) by publishing printed leaflets, pamphlets or other documents, or

(iv) through the use of an outdoor advertising facility; and

(b) the amount of the cost of the advertising

(i) is, in the case of a single advertisement or publication, more than $100, and

(ii) in the aggregate exceeds $100 in the case of advertisements and publications from a single source published in a year, excluding a campaign period, or part of a period in that year or in a campaign period

the amount of the cost is, for the purpose of this Part, a contribution to the registered party, registered district association or registered non-affiliated candidate with whose knowledge and consent the advertising or publishing was done.

(2) A natural person, corporation, trade union, registered party, registered district association or registered non-affiliated candidate shall not publish a political advertisement in a newspaper, magazine or other periodical publication or through the use of an outdoor advertising facility unless he or she or it furnishes to the publisher of the advertisement his or her or its identification, in writing, together with the identification in writing, of a natural person, corporation, trade union, registered party, registered district association or registered non-affiliated candidate sponsoring the political advertisement.

(3) A publisher who publishes a political advertisement shall maintain records for a period of 2 years after the date of publication setting out the advertisement, the charge for it and material relating to identification furnished to him or her in connection with the advertising and the public is entitled to inspect those records during normal office hours.

(4) For the purpose of subsections (2) and (3), "political advertisement" means a matter promoting or opposing a registered party or the election of a candidate but does not include news stories, including interviews, commentaries or other works prepared for and published by a newspaper, magazine or other periodical publication if the publication of those works are not paid for by or on behalf of a political party, district association or candidate.

Fund-raising

292. (1) In this section, "fund-raising function" includes suppers, dances, garden parties and other functions held for the purpose of raising funds for the registered party, registered district association or registered non-affiliated candidate by whom or on whose behalf the function is held.

(2) The gross income from a fund-raising function shall be recorded and reported to the Chief Electoral Officer by the chief financial officer of the registered party, registered district association or registered non-affiliated candidate that held the function or on whose behalf the function was held where the gross income from the fund-raising function is equal to or greater than $2,500.

(3) Where an individual charge by the sale of tickets or otherwise is made for a fund-raising function, half of the charge shall be allowed for expenses and, where the amount of the other half of the charge exceeds $25, that amount is a contribution to the registered party, registered district association or registered non-affiliated candidate that held or on whose behalf the function was held, but if the individual charge is $100 or more the amount to be allowed for expenses is $50 and the amount of the charge in excess of $50 is a contribution.

(4) Except as provided in subsection (3), funds raised by a fund-raising function are not contributions for the purpose of this Part.

Receipts

293. (1) The chief financial officer, or a person designated by him or her in writing, of a registered party, registered district association or registered non-affiliated candidate shall issue receipts in the case of contributions under $100 where requested, and in all other cases for every contribution accepted.

(2) A receipt issued under subsection (1) shall include

(a) the name and address of the contributor;

(b) a statement whether the contribution is one of money or otherwise;

(c) a statement whether the contributor is an individual, a corporation or trade union;

(d) the amount or value of the contribution;

(e) the date the contribution is made; and

(f) the other information that the Chief Electoral Officer may require.

(3) The chief financial officer or other person issuing a receipt shall retain signed duplicates of it.

Improper contributions

294. (1) A registered party, registered district association or registered non-affiliated candidate and a person acting on its or his or her behalf shall not knowingly accept a contribution in excess of the limits imposed by this Part.

(2) An amount equal to the value of every contribution made contrary to this Part shall

(a) where the identity of the contributor is known, be returned to that contributor; or

(b) where the identity of the contributor is not known, be remitted to the Chief Electoral Officer

by the chief financial officer of the registered party, registered district association or registered non-affiliated candidate who received the benefit of the contribution.

(3) All amounts remitted to the Chief Electoral Officer under subsections (2) shall be remitted by the Chief Electoral Officer to the Consolidated Revenue Fund.

Group contributions

295. (1) A contribution to a registered party, registered district association or registered non-affiliated candidate made through an unincorporated association or organization shall be recorded by the unincorporated association or organization as to the individual sources and amounts making up the contribution.

(2) The amounts making up a contribution under subsection (1) that are attributable to a person, occupation or trade union are contributions of that person, occupation or trade union for the purpose of this Part.

Report contributions

296. An unincorporated association or organization recording amounts under section 303 shall forward a copy of its records relating to the amounts to the Chief Electoral Officer and to the political party, district association or candidate that received those contributions.

Transfer of funds, etc.

297. (1) A registered party and its district associations may transfer to or accept funds, goods and services from each other.

(2) All funds, goods and services accepted under subsection (1) by a registered party or registered district association are not contributions for the purpose of this Part but they shall be recorded as to source.

(3) Funds accepted under subsection (1) shall be deposited in the appropriate depository on record with the Chief Electoral Officer.

Solicitation of contributions

298. (1) Contributions shall be solicited only under the direction of the chief financial officer of a registered party, registered district association or registered non-affiliated candidate by persons authorized by the chief financial officer.

(2) A person authorized to solicit contributions by a chief financial officer shall, on request, exhibit a certificate signed by the chief financial officer evidencing his or her authority.

Prohibited contributions

299. A registered party, registered district association or registered non-affiliated candidate shall not directly or indirectly

(a) knowingly accept contributions from a person normally resident outside the province, from a corporation that does not carry on business in the province or from a trade union other than a trade union as defined in this Part; or

(b) contribute or transfer funds to a political party, district association or non-affiliated candidate not registered under this Part.

Union group contributions

300. (1) Amounts contributed to a registered party, registered district association or registered non-affiliated candidate from funds obtained from members of a bargaining unit represented by a trade union are a contribution from the trade union and not contributions from persons for the purpose of this Act.

(2) A trade union or an employer shall not make contributions through payroll deductions.

(3) A trade union or employer shall not make it a condition of membership or employment that a person shall contribute money to a political party, district association or candidate.

Who accepts for candidate

301. No contribution shall be accepted by a registered party, registered district association or registered non-affiliated candidate otherwise than through his or her or its chief financial officer or other person on record with the Chief Electoral Officer as authorized to accept contributions.

Chief financial officer

302. (1) A political party and district association that is applying for registration under this Part, before filing its application with the Chief Electoral Officer, and a political party and district association that is considered by section 281 to be registered under this Part, shall, within 30 days after the commencement of this Part, appoint a chief financial officer.

(2) Every registered non-affiliated candidate shall appoint a chief financial officer for the purpose of this Part.

(3) Where a chief financial officer appointed under subsection (1) or (2) ceases for any reason to hold office, the registered party, registered district association or registered non-affiliated candidate shall immediately appoint another chief financial officer.

(4) The chief financial officer of a registered party, registered district association or registered non-affiliated candidate, in relation to the affairs of the party, district association or non-affiliated candidate who or that appointed him or her, shall ensure

(a) that proper records are kept of all money received and expenditures;

(b) that contributions are placed in the appropriate depository;

(c) that proper receipts are completed and dealt with in accordance with this Part;

(d) that the financial statement as required by sections 309 and 310 together with the auditor's report on them are filed with the Chief Electoral Officer in accordance with this Part; and

(e) that contributions consisting of goods or services are valued and recorded in accordance with this Part.

Recording of contributions

303. (1) Where a person, on behalf of a registered party, registered district association or registered non-affiliated candidate accepts in a year, a contribution, the chief financial officer shall record that contribution as to amount and in the case of a single contribution equal to or more than $100 the name and address of the contributor.

(2) A registered party, registered district association and registered non-affiliated candidate shall file, with the Chief Electoral Officer, within the period during which an annual financial statement shall be filed, a return setting out all the information required to be recorded under subsection (1).

Borrowing

304. (1) A registered party, registered district association or registered non-affiliated candidate shall not borrow except from a chartered bank or other recognized lending institution or from a federal political party registered under the Canada Elections Act or a provincial political party recognized by the Chief Electoral Officer in the appropriate province.

(2) All loans referred to in subsection (1) and the terms of the loans shall be recorded by the political party, district association or candidate and reported by it or him or her to the Chief Electoral Officer.

Guarantees

305. (1) A person, corporation, trade union, or unincorporated association or organization shall not sign, co-sign, or provide collateral responsibility for indebtedness on behalf or in the interest of a registered party, registered district association or registered non-affiliated candidate unless it is a loan referred to in section 304.

(2) A guarantee or a payment made by a guarantor in respect of a loan referred to in subsection 304(1) shall be considered to be a contribution for the purpose of this Part.

(3) Notwithstanding subsection (2), where a loan to a registered party, registered district association or registered non-affiliated candidate that is guaranteed by a person, corporation, trade union or unincorporated association or organization is paid off by the registered party, registered district association or registered non-affiliated candidate, the guarantor may make a contribution to the registered party, registered district association or registered non-affiliated candidate in the same year in which the loan guarantee was given to the limits set out in section 287.

Campaign advertising

306. (1) A registered party, registered district association or registered non-affiliated candidate and a person, corporation or trade union acting with its or his or her knowledge and consent shall not, after the issue of a writ for an election and before the day immediately following the polling day, except during the period of 21 days immediately preceding the day before polling day,

(a) advertise on the facilities of a broadcasting undertaking; or

(b) procure for publication, publish or consent to the publication of, except during that period, an advertisement in a newspaper, magazine or other periodical publication or through the use of outdoor advertising facilities,

for the purpose of promoting or opposing a political party or the election of a candidate.

(2) Subsection (1) does not apply

(a) to advertising of public meetings in districts;

(b) to announcing district headquarters locations;

(c) to announcing services for electors by district associations respecting enumeration and revision of lists of electors; or

(d) to another matter respecting administrative functions of district associations,

if the advertisements, announcements and other matters are done in accordance with the guidelines of the Chief Electoral Officer.

(3) A person who broadcasts or publishes an advertisement contrary to this section is guilty of an offence.

Rates for advertising

307. (1) A person, corporation or trade union shall not

(a) charge a registered party, registered district association or registered non-affiliated candidate, or a person acting with its or his or her knowledge and consent, a rate for broadcasting time on a broadcasting undertaking in the period beginning on the 21st day before the day immediately before polling day at an election and ending on the day before polling day, that exceeds the lowest rate charged by him or her or it for an equal amount of equivalent time on the same facilities made available to another person in that period; or

(b) charge a registered party, registered district association or registered non-affiliated candidate, or a person acting with its or his or her knowledge and consent, a rate for an advertisement in a periodical publication published or dispersed and made public in the period referred to in paragraph (a) that exceeds the lowest rate charged by him or her or it for an equal amount of equivalent advertising space in the same issue of the periodical or in another issue published or disbursed and made public in that period.

(2) The rates charged a registered party, registered district association or registered non-affiliated candidate for broadcasting time on a broadcasting undertaking or for an advertisement in a periodical publication in the period referred to in paragraph (1)(a) shall be the same as the rate charged for an equal amount of equivalent broadcasting time or an equal amount of equivalent advertising space outside that period.

(3) The rates referred to in subsection (1) shall be the same for all registered parties, registered district associations or registered non-affiliated candidates during the period referred to in paragraph (1)(a).

Appointment of auditor

308. (1) A registered non-affiliated candidate, at the time of appointment of his or her chief financial officer, and a registered party and registered district association, within 30 days after becoming registered under this Part, shall appoint an auditor licensed under the Public Accountancy Act or a firm whose partners are licensed under that Act.

(2) Where an auditor appointed under subsection (1),

(a) ceases for any reason, including resignation, to hold office;

(b) ceases to be qualified as provided in subsection (1); or

(c) becomes ineligible as provided in subsection (3),

the registered party, registered district association or registered non-affiliated candidate, shall immediately appoint another auditor licensed under the Public Accountancy Act or a firm whose partners are licensed under that Act.

(3) A returning officer, deputy returning officer, an election clerk, a candidate, or an official agent or a chief financial officer of a registered non-affiliated candidate, registered party or registered district association may not act as the auditor for a registered party, registered district association or registered non-affiliated candidate.

(4) Where a registered district association or registered non-affiliated candidate is unable to obtain the services of an auditor licensed under the Public Accountancy Act, the Chief Electoral Officer may approve the appointment of another person who he or she is satisfied is competent to fulfil the role of auditor.

(5) Nothing in subsection (3) makes ineligible the partners or firm with which a returning officer, deputy returning officer, election clerk, candidate, official agent or chief financial officer of a registered party, registered district association or registered non-affiliated candidate is associated from acting as an auditor for a registered party, registered district association or registered non-affiliated candidate.

(6) The auditor appointed under subsection (1) or (2) shall make a report to the chief financial officer of a registered party, registered district association or registered non-affiliated candidate that appointed him or her in respect of the financial statements, as required by sections 309 or 310, and shall make an examination according to generally accepted accounting principles that will enable him or her to state in his or her report whether in his or her opinion the financial statement presents fairly the information contained in the accounting records on which the financial statement is based.

(7) An auditor, in his or her report under subsection (6), shall make those statements that he or she considers necessary in any case where

(a) he or she has not received from the chief financial officer all the information and explanation that he or she has required; or

(b) proper accounting records have not been kept by the chief financial officer so far as appears from his or her examination.

(8) An auditor appointed under subsection (1) or (2) shall upon request have access at all reasonable times to all records, documents, books, accounts and vouchers of the registered party, registered district association or registered non-affiliated candidate that appointed him or her and is entitled to require from his or her or its chief financial officer the information and explanation that in his or her opinion is necessary to enable him or her to report as required by subsection (6).

(9) The Chief Electoral Officer shall subsidize the cost of auditor services for registered district associations and registered non-affiliated candidates by paying

(a) to the auditor of each registered district association in respect of an audit for the association under section 309 and under section 310, the lesser of $250 and the amount of the auditor's account to the association; and

(b) to the auditor of a registered non-affiliated candidate in respect of an audit for the candidate under section 310 the lesser of $500 and the amount of the auditor's account to the candidate.

Annual filing of audit

309. (1) The chief financial officer of a registered party or a registered district association shall, on or before April 1 in each year, file with the Chief Electoral Officer financial statements, prepared in accordance with generally accepted accounting principles, of assets and liabilities and of income and expenses for the previous year of the registered party or registered district association for which he or she acts, together with the auditor's report as required by subsection 308(6).

(2) Where a political party or district association becomes registered under this Part within the last 4 months of a year, the financial statement filed with its application for registration is compliance with subsection (1) in relation to that year.

Filing financial statement

310. (1) The chief financial officer of every registered party, registered district association and registered non-affiliated candidate shall, within 6 months after polling day, file with the Chief Electoral Officer a financial statement of income and expenses of the party, district association or candidate for which he or she acts relating to the election during the campaign period, together with the auditor's report as required by subsection 308(6).

(2) In relation to a by-election, subsection (1) applies only to registered parties and registered district associations that received contributions or made expenditures in relation to the by-election and to registered non-affiliated candidates at the by-election.

Election expenses

311. (1) Election expenses may be incurred only in accordance with this Part.

(2) Election expenses may be incurred only by registered parties on behalf of candidates who are affiliated with them or by registered district associations on behalf of candidates who are affiliated with them.

(3) Notwithstanding subsection (2), election expenses may be incurred by a registered non-affiliated candidate or by a person authorized by a registered non-affiliated candidate.

Authorization of expenses

312. (1) No person other than the chief financial officer of a registered party, registered district association or registered non-affiliated candidate shall authorize election expenses for that party, district association or candidate and no election expenses shall be incurred except by a chief financial officer or a person designated in writing by a chief financial officer for that purpose.

(2) Notwithstanding subsection (1), no person during a campaign period shall accept or execute an order for election expenses in excess of $100 if that order is not given or authorized by the chief financial officer or a person designated in writing by the chief financial officer for that purpose.

Candidates' expenses

313. (1) The reasonable personal expenses incurred by a candidate including expenses for his or her own food, lodging and transportation during a journey for election purposes are not subject to the limits imposed by this Part.

(2) A candidate shall submit to the chief financial officer of his or her district association and a registered non-affiliated candidate shall submit to his or her chief financial officer not later than 90 days after the polling day a detailed statement of all expenses incurred under subsection (1).

Invoice needed

314. (1) A payment for election expenses in excess of $100 shall be evidenced by an itemized invoice.

(2) An itemized invoice shall provide all the particulars required for auditing each item of work, service or material for which the expense was incurred and the rate or unit price used for computing the amount of the invoice.

Claim time limit

315. (1) A person to whom an amount is due for election expenses shall present his or her claim to the appropriate chief financial officer not later than 60 days following polling day.

(2) A person who fails to comply with subsection (1) forfeits his or her right to recover the claim.

(3) Where there is no chief financial officer to whom to submit a claim under subsection (1), the claim shall be forwarded within 60 days following polling day to the leader of the registered party, the president of the district association or to the candidate.

Election expense limits

316. (1) Election expenses of a registered party shall be limited so as not to exceed

(a) for a general election, an amount equal to the product obtained by multiplying $3 by the number of persons on the revised list of electors in the aggregate of the electoral districts in which the party has candidates; and

(b) for a by-election, an amount equal to the product obtained by multiplying $3 by the number of people on the revised list of electors in the electoral district in which the by-election is held.

(2) Election expenses of a registered district association shall be limited so as not to exceed

(a) for a general election, an amount equal to the product obtained by multiplying $3 by the number of persons on the revised list of electors in the electoral district to which the association belongs to a maximum of $20,000; and

(b) for a by-election, an amount equal to the product obtained by multiplying $3 dollars by the number of persons on the revised list of electors in the electoral district in which the by-election is held to a maximum of $30,000.

(3) Election expenses of a registered non-affiliated candidate shall be limited so as not to exceed

(a) for a general election, an amount equal to the product obtained by multiplying $3 by the number of persons on the revised list of electors in the electoral district for which he or she is a candidate to a maximum of $30,000; and

(b) for a by-election, an amount equal to the product obtained by multiplying $3 by the number of persons on the revised list of electors in the electoral district in which he or she is a candidate to a maximum of $30,000.

(4) Notwithstanding subsections (1), (2) and (3), in no case shall the election expenses of a registered political party, a registered district association or a registered non-affiliated candidate be limited in relation to an electoral district

(a) for a general election, to an amount less than $8,000; or

(b) for a by-election, to an amount less than $12,000.

Expenses adjustment formula

317. (1) The monetary amounts set out in section 316 shall be adjusted with effect from the date on which this Act comes into force and with effect from January 1 in each succeeding year by multiplying each of the amounts by the ratio that the Consumer Price Index for the 12 month period that ended on December 31 immediately before bears to the Consumer Price Index for the 12 month period that ended on the immediately previous December 31.

(2) For the purpose of this section, the Consumer Price Index for a 12 month period is the result arrived at by

(a) aggregating the Consumer Price Index for Canada, as published by Statistics Canada, for each month of that period;

(b) dividing the aggregate obtained under paragraphs (a) by 12; and

(c) rounding the result obtained under paragraph (b) to the nearest 1/1000, or if the result is equidistant from 2/1000, to the higher.

Reimbursement of expenses

318. (1) A registered district association whose candidate in an electoral district receives at least 15% of the popular vote or whose candidate is elected by acclamation in that electoral district is entitled to be reimbursed by the Chief Electoral Officer for the lesser of

(a) its campaign expenses for the campaign period as shown on its financial statement of receipts and expenses filed with the Chief Electoral Officer in accordance with section 310, together with the auditor's report in accordance with subsection 308(6); and

(b) an amount equal to 1/3 of the amount of its allowable expenses as calculated under subsection 316(2) and section 317.

(2) A registered district association is not entitled to be reimbursed for expenses under subsection (1) unless its chief financial officer has filed a financial statement of receipts and expenses as required by section 310, together with the auditor's report as required by subsection 308(6), and the Chief Electoral Officer certifies in writing that the statement meets the requirements of this Part.

(3) Where the registered district association's financial statement shows a deficit and it is entitled to be reimbursed for expenses under subsection (1), the money payable to its chief financial officer shall be 1st applied by the chief financial officer to discharge the debts creating the deficit, and to the extent the money is not sufficient to pay all the debts, the debts shall be ratably reduced.

(4) Subsections (1) to (3) apply, with the necessary changes, to a registered non-affiliated candidate.

(5) A surplus, created either as a result of contributions made to the campaign of a registered non-affiliated candidate or arising from the payment of an amount to a registered non-affiliated candidate under this section, shall be paid back to the Chief Electoral Officer who shall hold the money in trust on behalf of the candidate and pay it out according to subsection (6) or (7).

(6) Where a person on whose behalf money is held in trust under subsection (5), becomes a non-affiliated candidate, either in a by-election called before the next general election or in the next general election, the money held in trust for the person shall be paid to him or her for the purpose of contesting the election.

(7) Where a person on whose behalf money is held in trust under subsection (5), does not become a non-affiliated candidate in an election referred to in subsection (6), the Chief Electoral Officer shall remit the money to the Consolidated Revenue Fund.

Forms

319. All applications, returns, statements, balance sheets, and other documents required to be filed with the Chief Electoral Officer shall be filed with the Chief Electoral Officer in the form that the Chief Electoral Officer prescribes.

Offence: exceeding expense limit

320. (1) A person who knowingly incurs or authorizes election expenses contrary to subsection 311(2) or exceeding the maximum set by section 316 or who wilfully submits a false statement of election expenses under section 309 or 310 commits an offence and is liable on summary conviction to a fine not exceeding $10,000, to imprisonment for a term not exceeding 3 months or to both a fine and imprisonment.

(2) Where a contravention of this Part that is an offence by virtue of subsection (1) is committed by a chief financial officer of a registered party, registered district association or registered non-affiliated candidate the political party or district association or candidate for which the chief financial officer acts is guilty of an offence and on summary conviction is liable

(a) in the case of a registered party, to a fine not exceeding $2,000; and

(b) in the case of a registered district association or registered non-affiliated candidate, to a fine not exceeding $1,000.

Offence: false statement

321. A person who knowingly makes a false statement in a financial return, statement or other document filed under this Part commits an offence and is liable on summary conviction to a fine not exceeding $5,000, to imprisonment for a term not exceeding 3 months or to both a fine and imprisonment.

Offence: false receipt

322. A person who knowingly makes or issues or participates in, assents to or acquiesces in the making or issuance of a false or deceptive receipt for a contribution or purported contribution commits an offence and is liable on summary conviction to a fine not exceeding $5,000, to imprisonment for a term not exceeding 3 months or to both a fine and imprisonment.

Offence: destruction of records

323. A person who knowingly withholds, conceals or destroys books, papers, documents or other things relevant to the subject matter of an investigation or inquiry under this Part commits an offence and is liable on summary conviction to a fine not exceeding $5,000, to imprisonment for a term not exceeding 3 months or to both a fine and imprisonment.

Non-compliance with time limit

324. (1) A chief financial officer who wilfully or through neglect fails to file a financial return with the Chief Electoral Officer within the time required by section 309 or 310 commits an offence and is liable on summary conviction to a fine of $50 per day for each day he or she is in default of filing the return until it is filed with the Chief Electoral Officer.

(2) Notwithstanding subsection (1), the Chief Electoral Officer may, either before or after the institution of proceedings against a chief financial officer, accept from the officer alleged to have been guilty of the offence the payment of a sum equal to $50 for each day the officer is in default of filing the return.

(3) Where the Chief Electoral Officer accepts an amount under subsection (2), the proceedings instituted against the chief financial officer shall be withdrawn.

(4) For the purpose of this section, a financial return that is forwarded to the Chief Electoral Officer in writing is considered to have been filed with him or her on the date of the registration on the envelope in which it is mailed.

(5) All money paid to the Chief Electoral Officer under subsection (2) shall be remitted by him or her to the Consolidated Revenue Fund.

Corporation or union

325. A corporation or trade union that contravenes a provision of this Part is guilty of an offence and on summary conviction is liable to a fine not exceeding $10,000.

General offence

326. A person, political party or district association who or that fails to comply with a provision of this Part, for which no penalty is otherwise provided, is guilty of an offence and on summary conviction is liable to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both a fine and imprisonment.

Obstructing investigation

327. A person who obstructs a person making an investigation or examination under this Part or withholds from him or her or conceals or destroys books, papers, documents or things relevant to the subject-matter of the investigation or examination is guilty of an offence.

False statement

328. A person shall not knowingly make a false statement in an application, return, financial statement or other document filed with the Chief Electoral Officer under this Part.

False information

329. A person shall not knowingly give false information to a chief financial officer or other person authorized to accept contributions.

Style of prosecution

330. (1) A prosecution for an offence under this Part may be instituted against a political party, district association or trade union in the name of the political party, district association or trade union.

(2) For the purpose of a prosecution for an offence under this Part, a political party, district association or trade union has the capacity of a natural person of full age and capacity.

Vicarious responsibility

331. (1) An act or thing done or omitted to be done by an officer, official or agent of a political party, district association or trade union within the scope of his or her authority to act on behalf of the political party, district association or trade union is an act or thing done or omitted by the political party, district association or trade union.

(2) Where a registered district association that is affiliated with a registered party fails to comply with this Part and is required on conviction to pay a penalty, the political party is liable to and shall pay the same penalty.

PART IV
ADVISORY COMMITTEE

Advisory committee

332. (1) An advisory committee on the political process is established.

(2) The advisory committee shall consist of the Chief Electoral Officer and 2 representatives of each registered party that had official candidates in at least 1/2 of all electoral districts at the immediately preceding general election.

Party representatives

333. (1) Each registered party that had official candidates in at least 1/2 of all electoral districts in the immediately preceding general election shall, within 15 days after the commencement of the 1st session of the Legislature following a general election, designate that party's representatives on the advisory committee by a certificate signed by the leader and filed with the Chief Electoral Officer.

(2) A member of the House of Assembly is not eligible to be a member of the advisory committee.

(3) The persons appointed to the advisory committee under subsection (1) shall continue as members until 15 days following the commencement of the 1st session of the Legislature following a general election.

Chairperson

334. The Chief Electoral Officer shall serve as the chairperson of the advisory committee.

Members' expenses

335. The members of the advisory committee other than the Chief Electoral Officer shall be reimbursed for reasonable expenses incurred in the performance of their duties in accordance with a scale prescribed by the Lieutenant-Governor in Council, for each meeting of the committee.

Meetings of committee

336. At the request of the Chief Electoral Officer or of at least 1/3 of its members the advisory committee shall meet as often as is necessary for the proper exercise of its duties.

Duties of committee

337. (1) The advisory committee shall advise the Chief Electoral Officer on the functioning of this Act and in particular on the functioning of the provisions relating to the financing of the political process.

(2) The Chief Electoral Officer shall consult the advisory committee periodically with regard to the application of this Act.

(3) The advisory committee may make the results of its work public.

PART V
REPEAL AND CONSEQUENTIAL

RSN 1990 cE-3 Rep.

338. The Election Act is repealed.

Consequential amendments

339. (1) Paragraph 13(b) of the Conflict of Interest Act is amended by striking out the words "the Elections Act" and substituting the words and figures "the Elections Act, 1991".

(2) The Income Tax Act is amended by adding immediately after section 10 the following:

Political contribution deduction

10.1 (1) In this section

(a) "contribution" means a contribution made to a registered political party, a registered district association or a registered non-affiliated candidate under Part III of the Elections Act, 1991 and "contributor" means a person who makes a contribution under that Act;

(b) "corporation" means a corporation incorporated under the laws of the province and a corporation having its head or other office or doing business or a part of it in the province;

(c) "individual" means a natural person;

(d) "receipt" means a receipt for a contribution issued under Part III of the Elections Act, 1991;

(e) "registered district association" means a district association that is registered under section 279 of the Elections Act, 1991;

(f) "registered non-affiliated candidate" means an independent candidate who is registered under section 284 of the Elections Act, 1991;

(g) "registered political party" means a political party that is registered under section 278 of the Elections Act, 1991; and

(h) "tax otherwise payable under this Act" means the amount that would, but for this section, be the tax otherwise payable under this Act.

(2) There may be deducted from the tax otherwise payable under this Act by a taxpayer who is an individual or a corporation for a taxation year in respect of the aggregate of all amounts, each of which is the amount of a contribution of money made by the taxpayer in a year to a registered political party, a registered district association or a registered non-affiliated candidate,

(a) 75% of the aggregate if the aggregate does not exceed $100,

(b) $75 plus 50% of the amount by which the aggregate exceeds $100 if the aggregate exceeds $100 and does not exceed $550, or

(c) $300 plus 33 1/3% of the amount by which the aggregate exceeds $550 if the aggregate exceeds $550,

if each contribution that is included in the aggregate is proven by filing with the minister a receipt signed by the chief financial officer of the registered political party, registered district association or registered non-affiliated candidate.

(3) The maximum allowable deduction under subsection (2) is $500.

(4) Subsection (2) applies only with respect to contributions made after the coming into force of that subsection.

(5) An amount may not be deducted under subsection (2) with respect to a contribution to a registered non-affiliated candidate unless it was made during an election period as defined in the Elections Act, 1991 and after his or her chief financial officer was registered under that Act in the election in which he or she is a candidate.

(6) For the purpose of this section, a contribution shall be considered to have been made on the date it is considered to have been made under Part III of the Elections Act, 1991.

(7) Subject to the provisions of Part III of the Elections Act, 1991 every chief financial officer shall retain signed duplicates of all receipts issued by him or her.

(8) Notwithstanding a provision of Part III of the Elections Act, 1991, for the purpose of this section the minister may examine and make copies of receipts or duplicates, and of a return, record, report or other document filed with the Chief Electoral Officer under Part III of the Elections Act, 1991.

(9) A person shall not file a false or deceptive receipt with the minister.

(3) Paragraph 2(n) of the Local Road Boards Act is amended

(a) by striking out the word "last"; and

(b) by striking out the words "the Election Act" and substituting the words and figures "the Elections Act, 1991".

(4) Paragraph 2(f) of the St. John's Municipal Elections Act is amended by striking out the words "in accordance with the rules in sections 11 and 11A of The Elections Act" and substituting the words and figures "in accordance with sections 26 and 27 of the Elections Act, 1991".

Future amendments

340. Unless expressly otherwise provided in it, no provision of an Act that amends Part I is applicable to an election for which a writ of election is issued within 3 months of the commencement of the provision, unless, before the issue of the writ of election, the Chief Electoral Officer has published in the Gazette a notice that the provision can be applied in an election following the date of that notice.

Commencement

341. This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council.

©Earl G. Tucker, Queen's Printer