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NEWFOUNDLAND AND LABRADOR
REGULATION 146/97

School Board Election Regulations, 1998
under the
Schools Act, 1997
(O.C. 97-782)

Amended by:

63/05
99/05
76/09
43/16

NEWFOUNDLAND AND LABRADOR
REGULATION 146/97

School Board Election Regulations, 1998
under the
Schools Act, 1997
(O.C. 97-782)

(Filed December 23, 1997)

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

Dated at St. John’s , December 22, 1997.

John R. Cummings
for the Clerk of the Executive Council

REGULATIONS

Analysis


       
1.   Short title

       
2.   Definitions

     
2.1   Interpretation

       
3.   Time of election and first meeting

       
4.   Persons qualified to vote

     
4.1   Persons qualified to vote - conseil scolaire

       
5.   Ballots

       
6.   Candidates

       
7.   Duties of board

       
8.   List of electors

       
9.   Particulars of electoral lists

     
10.   Posting of notices

     
11.   Persons eligible to vote

     
12.   Nomination

     
13.   Returning officer may declare election

     
14.   Where too few candidates are nominated

     
15.   Declaration of poll

     
16.   Ballot papers

     
17.   Procedure on granting of poll

     
18.   Oath or affirmation of office

     
19.   Polling station

   
19.1   Adjournment of election

     
20.   Persons prohibited

     
21.   Examination of ballot box

     
22.   Where one may vote

     
23.   Presentation for vote

     
24.   Voting procedure

     
25.   Cancelled ballots

     
26.   Incapacitated electors

     
27.   Close of poll

     
28.   Rejection of ballot papers

     
29.   Objections to ballots

     
30.   Counting of ballot papers

     
31.   Statement of particulars

     
32.   Successful candidate declared

     
33.   Tie

     
34.   Request for recount

     
35.   Procedure on recount

     
36.   Offence

     
37.   By-election

     
38.   Cost of election

     
39.   Minister may set dates


Short title

        1. These regulations may be cited as the School Board Election Regulations, 1998.

146/97 s1

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Definitions

        2. In these regulations

             (a)  "Act" means the Schools Act, 1997 ;

             (b)  "elector" means a person qualified to vote in an election of trustees to a board or to the conseil scolaire;

             (c)  "returning officer" means,

                      (i)  in relation to a board, the assistant director of finance and business administration appointed under section 79 of the Act unless otherwise determined by the board, and

                     (ii)  in relation to the conseil scolaire, the assistant director of finance and business administration appointed under paragraph 110(1)(b) of the Act unless otherwise determined by the conseil scolaire; and

             (d)  "zone" means a zone established by a board under section 54 of the Act or by the conseil scolaire under section 95.1 of the Act.

146/97 s2; 43/16 s1

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Interpretation

      2.1 (1) For the purpose of these regulations except for paragraph 2(b), subparagraph 2(c)(i), paragraph 2(d), subsections 4(1) and 4.1(3), paragraph 6(5)(c), subsection 7(2.1), section 10 and subsections 11(1), 16(1) and 23(1), a reference to

             (a)  a board shall be considered to include a reference to the conseil scolaire; and

             (b)  a school shall be considered to include a reference to a French first language school

where to do so would not be inconsistent with these regulations.

             (2)  In sections 8, 9, 11, 23 and 37, "elector", notwithstanding paragraph 2(b), means a person who is qualified to vote under section 4.

43/16 s2

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Time of election and first meeting

        3. (1) [Rep. by 43/16 s3]

             (2)  The first meeting of a board following an election of trustees, other than a by-election, shall be called within 30 days of the election.

146/97 s3; 76/09 s1; 43/16 s3

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Persons qualified to vote

        4. (1) A person is qualified to vote in an election of trustees to a board who

             (a)  is not less than 18 years of age;

             (b)  is a Canadian citizen; and

             (c)  is ordinarily resident in the province on the day of the election.

             (2)  An elector is entitled to vote in only one zone established by a board.

             (3)  For the purpose of subsection (2), the zone in which an elector is entitled to vote shall be the zone in which the person is ordinarily resident.

             (4)  Section 26 of the Elections Act, 1991 applies for the purpose of determining whether a person is ordinarily resident in the province under paragraph (1)(c) and in a zone under subsection (3).

43/16 s4

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Persons qualified to vote - conseil scolaire

      4.1 (1) An elector is qualified to vote in an election of trustees to the conseil scolaire who meets the requirements in subsection 4(1) and

             (a)  his or her first language learned and still understood is French;

             (b)  he or she received his or her primary school instruction in Canada in a French first language program; or

             (c)  he or she is a parent of a child who is receiving or has received primary or secondary school instruction in a French first language program in Canada .

             (2)  A person who meets the requirements of subsection (1) shall confirm that he or she is qualified to vote in an election of trustees to the conseil scolaire on the day of the election in the form prescribed by the minister.

             (3)  Notwithstanding subsection 4(2), where a person is qualified to vote in an election of trustees to both a board and the conseil scolaire, he or she may vote in both elections.

43/16 s5

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Ballots

        5. A ballot shall clearly state

             (a)  the name of each candidate;

             (b)  the number of trustees for whom an elector may vote in the zone; and

             (c)  where the election includes an election of trustees at large, the number of trustees for whom an elector may vote as a trustee at large and whether each candidate seeks election in a zone or as a trustee at large.

43/16 s6

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Candidates

        6. (1) A person who is qualified to vote for trustees in a zone is qualified to be a candidate in that zone.

             (2)  Notwithstanding subsection (1), a candidate shall be ordinarily resident in the zone in which he or she seeks election on the day of the filing of the nomination.

             (3)  A candidate for election in a zone shall be nominated by 2 persons who are qualified to vote in the zone and in the election for which the person is seeking election.

             (4)  A candidate for election as a trustee at large shall be nominated by 2 persons who are qualified to vote in the election in which the person is seeking election.

             (5)  A person is not eligible to be a candidate at an election of trustees where, if the person is elected, he or she will be a trustee

             (a)  of more than one zone at the same time;

             (b)  of a zone and at large at the same time; or

             (c)  of a board and the conseil scolaire at the same time.

146/97 s6; 43/16 s7

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Duties of board

        7. (1) Not less than 10 days before the deadline for receipt of nominations for an election, other than a by-election, a board shall

             (a)  determine the number of polling divisions required for the election, giving due consideration to geographical and all other factors that may affect the convenience of the electors in casting their votes; and

             (b)  appoint a returning officer.

             (2)  Where a poll is granted under section 15, a board shall, within 3 working days of the closing date for the nomination of candidates,

             (a)  appoint a deputy returning officer and poll clerk for each designated polling station; and

             (b)  designate polling stations to be used for the election.

         (2.1)  Notwithstanding subsection (2), where an election of trustees to a board and an election of trustees to the conseil scolaire are fixed on the same date,

             (a)  polling stations shall be designated to be used jointly in both elections;

             (b)  the deputy returning officer and poll clerk for each designated polling station shall be appointed to act concurrently, in their respective capacities, in both elections; and

             (c)  where practical, there shall be only one list of electors at each polling station and that list of electors shall be used in both elections.

             (3)  Notwithstanding subsection (2), where an election coincides with a municipal election and the boundaries of a district include a municipality, or part of a municipality, a board shall cooperate with the council of the municipality for the purpose of, where practical,

             (a)  designating polling stations to be used jointly in a board and municipal election; and

             (b)  appointing deputy returning officers and poll clerks to act concurrently, in their respective capacities, in a board and municipal election.

             (4)  Notwithstanding subsection (3), where an election does not coincide with a municipal election the board shall, where practical, use schools or board offices as polling stations.

146/97 s7; 76/09 s2; 43/16 s8

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List of electors

        8. (1) Not less than 2 months before the date of an election, other than a by-election, the returning officer shall cause a list of electors to be prepared, revised and compiled in accordance with these regulations.

             (2)  The returning officer shall prepare a list of electors for each polling division and, where practical, the list so prepared shall be in a form prescribed by the minister.

             (3)  For the purpose of preparing a list of electors for the district, a returning officer shall use valid sources of information available to the returning officer.

             (4)  Where a list of electors referred to in subsection (1) is to be compiled, the returning officer shall complete the list of electors not later than 30 days before the next election.

146/97 s8; 43/16 s9

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Particulars of electoral lists

        9. The returning officer shall, when the returning officer has completed the preparation of the list of electors for a polling division, a zone or the province, endorse at the end of the list a certificate in a form prescribed by the minister signed by the returning officer.

43/16 s10

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Posting of notices

      10. (1) The returning officer for an election of trustees to a board shall post notices of the period fixed for the nomination of candidates in at least one conspicuous place in each city, town or community where the board operates a school, and the notices shall be posted not less than 7 days before the commencement of the period fixed for the nomination.

             (2)  The returning officer for an election of trustees to a board shall, where a poll is granted, post notices of the poll in at least one conspicuous place in each city, town or community where the board operates a school, and the notices shall be posted within 3 days of the expiration of the period fixed for the nomination of candidates.

             (3)  The returning officer for an election of trustees to the conseil scolaire shall post notices of the period fixed for the nomination of candidates in each French first language school and, in a city, town or community where the conseil scolaire does not operate a French first language school, in the places the notices are posted under subsection (1), and the notices shall be posted not less than 7 days before the commencement of the period fixed for the nomination.

             (4)  The returning officer for an election of trustees to the conseil scolaire shall, where a poll is granted, post notices of the poll in each French first language school and, in a city, town or community where the conseil scolaire does not operate a French first language school, in the places the notices are posted under subsection (2), and the notices shall be posted within 3 days of the expiration of the period fixed for the nomination of candidates.

43/16 s11

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Persons eligible to vote

      11. (1) Where a list of electors is compiled under section 8 for an election of trustees to a board, the persons whose names appear on the list of electors certified by the returning officer shall be those qualified to vote at the next election and a person whose name does not appear upon the list shall not be allowed to vote at the election.

             (2)  Where a list of electors is compiled under section 8 for an election of trustees to the conseil scolaire, the persons whose names appear on the list of electors certified by the returning officer shall be those eligible to vote at the next election but a person is not qualified to vote unless he or she confirms that he or she meets the requirements in subsection 4.1(1) and a person whose name does not appear upon the list or who does not confirm that he or she meets the requirements of subsection 4.1(1) shall not be allowed to vote at the election.

             (3)  Notwithstanding subsections (1) and (2), every person whose name has been omitted from the list of electors may have his or her name inserted before the close of the poll by attending at the election and completing a declaration of eligibility to vote in a form prescribed by the minister.

43/16 s12

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Nomination

      12. (1) Every nomination shall be in a form prescribed by the minister.

             (2)  The nomination form shall be filed with the returning officer between the hours of 9:00 a.m. and 5:00 p.m. during the 5 working days occurring immediately before the 25 days before the date fixed for the election.

             (3)  A nomination form may be delivered to the returning officer by registered mail provided it is postmarked on the first 3 working days fixed for the filing of nomination forms under subsection (2).

             (4)  A nomination form may be filed with a returning officer by facsimile transmission or email provided the date of the transmission is stated on it electronically.

146/97 s12; 43/16 s13

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Returning officer may declare election

      13. Where only as many or fewer candidates are nominated as trustees than are required to be elected the returning officer shall, without a poll being taken, declare those candidates who are nominated to be elected and shall make the declaration publicly at his or her office at 9:00 a.m. of the first working day following that on which nominations close.

43/16 s14

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Where too few candidates are nominated

      14. Where fewer candidates are nominated as trustees than are required to be elected, the returning officer shall notify the board and the board shall notify the minister of the deficiency.

43/16 s15

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Declaration of poll

      15. Where more candidates are nominated as trustees than are required to be elected, the board shall grant a poll for the taking of votes.

43/16 s16

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Ballot papers

      16. (1) When a poll has been granted in relation to an election of trustees to a board, the returning officer shall immediately cause to be printed a number of ballot papers, not less than the number of electors in the zone in which the election is to be held, and all ballot papers to be used in an election of trustees to a board shall be printed with the stamp or seal of the board.

         (1.1)  When a poll has been granted in relation to an election of trustees to the conseil scolaire, the returning officer shall immediately cause to be printed a number of ballot papers, not less than the number, in the opinion of the returning officer, sufficient for the number of electors in the zone in which the election is to be held, and all ballot papers to be used in an election of trustees to the conseil scolaire shall be printed with the stamp or seal of the conseil scolaire.

             (2)  Notwithstanding subsections (1) and (1.1), the returning officer shall not cause to be printed ballot papers with the stamp or seal of the board except those forwarded to the deputy returning officers and the existence of a ballot paper printed with the stamp or seal of the board other than those provided to the deputy returning officers is, in the absence of evidence to the contrary, evidence of malfeasance in office by the returning officer.

             (3)  The ballot papers shall contain the names of the candidates and shall be alphabetically arranged in the order of their surnames or, if there are 2 or more candidates with the same surname, in the order of their other names and the names shall be as set out in the nomination papers with the description given in it.

             (4)  The ballot papers shall be in a form prescribed by the minister.

146/97 s16; 43/16 s17

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Procedure on granting of poll

      17. (1) On a poll being granted, the returning officer shall deliver to every deputy returning officer

             (a)  a list in alphabetical order of the persons eligible to vote in the polling division for which the deputy returning officer has been appointed if such a list has been compiled;

             (b)  one ballot box;

             (c)  a sufficient number of ballots and the materials necessary to enable electors to mark them;

             (d)  a sufficient number of copies of directions for the guidance of electors which shall be in a form prescribed by the minister; and

             (e)  one or more poll books which shall be in a form prescribed by the minister.

             (2)  Every returning officer or deputy returning officer shall cause a copy of the directions for the guidance of electors to be posted prominently outside the polling booth and in every compartment of the polling booth and shall see that they remain so posted until the close of polling.

146/97 s17; 43/16 s18

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Oath or affirmation of office

      18. (1) Every returning officer, deputy returning officer and poll clerk shall, before assuming office under section 7, take an oath or affirmation of office in the form prescribed by the minister.

             (2)  The oath or affirmation of office referred to in subsection (1) may be sworn or affirmed before a justice of the peace, a commissioner for oaths or a notary public.

146/97 s18

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Polling station

      19. (1) Every returning officer or deputy returning officer shall at 8:00 a.m. on polling day open the poll assigned to the returning officer or deputy returning officer and shall until 8:00 p.m. keep the poll open and shall during that time receive in the manner prescribed the votes of all electors qualified to vote at the polling booth.

             (2)  Every polling booth shall be provided with compartments in which electors may mark their ballots screened from observation.

146/97 s19

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Adjournment of election

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

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

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

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

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

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

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

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

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

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

99/05 s1

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Persons prohibited

      20. (1) During the holding of the poll, a person, other than the officers appointed under section 7 to hold the election and an elector actually engaged in voting, is not entitled and shall not be permitted to be present in the polling place.

             (2)  The returning officer or deputy returning officer may order the removal from the polling booth of a person who is not entitled to be present or who, being so entitled, obstructs the voting, and the order shall be executed by a peace officer without the order being in writing and without a warrant.

146/97 s20

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Examination of ballot box

      21. At the hour fixed for opening the poll, the returning officer or deputy returning officer shall examine the ballot box in the presence of at least one other witness or see that the ballot box is empty, and shall immediately lock it, place it in view for the receipt of ballot papers and keep it locked until the close of the poll.

146/97 s21

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Where one may vote

      22. Notwithstanding subsection 4(3), the returning officer at the request of an elector who has been appointed deputy returning officer or poll clerk shall give a deputy returning officer or poll clerk a certificate in a form prescribed by the minister entitling the deputy returning officer or poll clerk to vote at the polling division where he or she is to be stationed during polling day.

146/97 s22

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Presentation for vote

      23. (1) When a person claiming to be qualified to vote in an election of trustees to a board presents himself or herself at the polling booth for the purpose of voting, the person shall state his or her name and place of residence, and the returning officer or the deputy returning officer shall proceed as follows:

             (a)  the returning officer or deputy returning officer shall ascertain that the name of the person is entered or purports to be entered upon the copy of the list of electors for the polling division and if the name of the person proposing to vote is not found on the list the person shall be so informed and, in accordance with subsection 11(3), be given a declaration to sign and, upon signing the declaration, shall be permitted to vote;

             (b)  the returning officer or deputy returning officer shall enter or cause to be entered in the poll book the name of the person presenting himself or herself at the polling booth for the purpose of voting; and

             (c)  the returning officer or deputy returning officer shall deliver to the person a ballot paper which the returning officer or deputy returning officer has initialled.

             (2)  When a person claiming to be qualified to vote in an election of trustees to the conseil scolaire presents himself or herself at the polling booth for the purpose of voting, the person shall state his or her name and place of residence, and the returning officer or the deputy returning officer shall proceed as follows:

             (a)  the returning officer or deputy returning officer shall ascertain that the name of the person is entered or purports to be entered upon the copy of the list of electors for the polling division and if the name of the person proposing to vote is not found on the list the person shall be so informed and, in accordance with subsection 11(3), be given a declaration to sign;

             (b)  where the name of the person is entered or purports to be entered upon the copy of the list of electors or the person signs the declaration in paragraph (a), the person shall be given a confirmation in the form prescribed by the minister in accordance with subsection 4.1(2) and, upon signing the confirmation, shall be permitted to vote in the election;

             (c)  the returning officer or deputy returning officer shall enter or cause to be entered in the poll book the name of the person presenting himself or herself at the polling booth for the purpose of voting; and

             (d)  the returning officer or deputy returning officer shall deliver to the person a ballot paper which the returning officer or deputy returning officer has initialled.

43/16 s19

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Voting procedure

      24. Upon receiving the ballot paper, the elector shall

             (a)  immediately proceed into a voting compartment of the polling booth;

             (b)  then immediately mark his or her ballot paper by marking a cross with a pencil on a part of the ballot paper containing the name or names of the candidate or candidates for whom the elector intends to vote;

             (c)  then fold the ballot paper so as to conceal the names of the candidates and the mark or marks upon the face of the paper;

             (d)  upon leaving the compartment, without showing the front to anyone or so displaying the ballot paper so as to make known the candidate or candidates for whom the elector voted, deposit the ballot paper in the ballot box; and

             (e)  then shall immediately leave the polling booth.

146/97 s24

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Cancelled ballots

      25. An elector who has inadvertently dealt with his or her ballot paper in a manner that it cannot be conveniently used is, upon returning it to the returning officer or deputy returning officer, entitled to obtain another ballot paper, and the returning officer or deputy returning officer shall write the word "cancelled" upon the ballot paper returned to the returning officer or deputy returning officer and preserve it.

146/97 s25

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Incapacitated electors

      26. (1) When an elector

             (a)  is incapacitated by blindness or other physical cause from marking his or her ballot paper; or

             (b)  claims to be unable to read,

the returning officer or deputy returning officer shall obtain from the elector an oral oath or solemn declaration or another declaration as prescribed by the minister.

             (2)  If an incapacitated elector referred to in subsection (1) is accompanied by a friend, the returning officer or deputy returning officer, if requested to do so by the elector, shall permit that friend to accompany the elector into a voting compartment for the purpose of marking the elector’s ballot and the ballot paper when marked shall be delivered by the elector or the friend to the returning officer or the deputy returning officer to be placed in the ballot box.

             (3)  Except as provided in subsection (2), the returning officer or deputy returning officer shall mark the ballot of an elector referred to in subsection (1) in the manner directed by that elector, and shall immediately place the ballot paper in the ballot box.

             (4)  The returning officer or deputy returning officer shall make an entry opposite the name of the person in the poll book that the vote of the person is marked under this section and the reason why it is so marked.

146/97 s26

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Close of poll

      27. (1) Immediately after the close of the poll the returning officer or deputy returning officer shall first place all the cancelled ballot papers in a separate packet, seal it and shall then count the number of electors whose names appear on the poll book and sign the following certificate which shall be entered in the poll book on the line immediately below the name of the elector who voted last:

"I certify that the number of electors who voted at the election in this polling booth is (stating the number in words) and that A.B. was the last person who voted at this polling booth.".

             (2)  Immediately after the certificate required by subsection (1) has been signed by the returning officer or deputy returning officer, the returning officer or deputy returning officer, in the presence and in full view of candidates or their agents who may be present, shall open the ballot box and count the number of votes for each candidate, giving full opportunity to those present to examine each ballot paper.

146/97 s27

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Rejection of ballot papers

      28. (1) In counting the votes the returning officer or deputy returning officer shall reject a ballot paper

             (a)  that has not been initialled by the returning officer or the deputy returning officer;

             (b)  where the elector has voted for more candidates than the number to be elected; or

             (c)  upon which there is a writing or mark by which the elector can be identified or that has been torn, defaced or otherwise dealt with by the elector in a manner so that the elector can be identified.

             (2)  A ballot paper shall not be rejected under subsection (1) by reason only that it has been marked with a writing instrument other than a black lead pencil or it has a mark other than a cross, as long as the mark does not constitute identification of the elector.

             (3)  Notwithstanding subsection (1), a ballot paper shall not be rejected in its entirety only because one or more of the votes on the ballot paper is rejected and in such a case the votes not rejected shall be counted.

146/97 s28

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Objections to ballots

      29. (1) The returning officer or deputy returning officer shall note in the poll book every objection taken to a ballot paper by a candidate or his or her agent and shall decide the objection, subject to review on recount or in a proceeding questioning the validity of the election.

             (2)  Each objection shall be numbered and a corresponding number shall be placed on the back of the ballot paper and initialled by the returning officer or the deputy returning officer and when the objection is upheld the word "rejected" or "partially rejected" shall be marked on the face of the ballot paper.

146/97 s29

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Counting of ballot papers

      30. All the ballot papers except those rejected shall be counted and an account shall be kept of the number of votes given and allowed for each candidate and all the ballot papers shall be put into separate packets as follows:

             (a)  all the used ballot papers which have not been objected to and have been counted;

             (b)  all the used ballot papers which have been objected to and have been counted;

             (c)  all of the partially rejected ballot papers;

             (d)  all the rejected ballot papers;

             (e)  all the cancelled ballot papers;

             (f)  all the ballot papers used but unmarked; and

             (g)  all the unused ballot papers.

146/97 s30

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Statement of particulars

      31. (1) The returning officer or deputy returning officer shall make out a statement in duplicate of

             (a)  the number of ballot papers received from the returning officer;

             (b)  the number of used ballot papers which have not been objected to and have been counted;

             (c)  the number of used ballot papers which have been objected to and have been counted;

             (d)  the number of partially rejected ballot papers;

             (e)  the number of rejected ballot papers;

             (f)  the number of cancelled ballot papers;

             (g)  the number of ballot papers used but not marked;

             (h)  the number of ballot papers taken from the polling booth;

              (i)  the number of unused ballot papers; and

              (j)  the number of votes given for each candidate.

             (2)  The statement referred to in subsection (1) shall be signed by the returning officer or the deputy returning officer, and one copy shall be attached to the poll book and the other shall be delivered to the assistant director of finance and business administration for the board.

146/97 s31

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Successful candidate declared

      32. The returning officer, after he or she has received the ballot boxes and statements of the number of votes given at each polling booth, shall, without opening any of the ballot boxes, total the number of votes received by each candidate and at his or her office shall publicly declare the candidate receiving the largest number of votes, together with, in the case where more than one candidate is entitled to be elected, the candidate or candidates up to the remaining number entitled to election standing in order on the basis of the number of votes received, and the returning officer shall also put up in some conspicuous place a statement under his or her hand showing the number of votes for each candidate.

146/97 s32

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Tie

      33. If, upon the casting of votes, 2 or more candidates have an equal number of votes where both or all of the candidates cannot be elected, the returning officer shall write the names of those candidates separately on blank sheets of paper of equal size and of the same colour and texture, and after folding them in a uniform manner so that the names are concealed, deposit them in a receptacle and direct some person to withdraw one of the sheets and the returning officer shall declare to be elected the candidate whose name appears on the sheet thus drawn.

146/97 s33

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Request for recount

      34. (1) If, within 3 days after the declaration of an election, a candidate by himself or herself or his or her agent requests in writing a recount of the votes cast in a zone in which the candidate was nominated or the votes cast in an election of a trustee at large in which the candidate was nominated, the returning officer shall appoint a time within 5 days after the receipt of all ballot boxes to recount the votes at the returning officer’s office.

             (2)  The returning officer shall notify every candidate at the election of the request and of the time and place appointed to recount the votes.

             (3)  The returning officer for an election and the person the returning officer appoints to assist the returning officer and each candidate or his or her agent or at least 3 electors qualified to vote in that election shall be present for the recounting of votes.

146/97 s34; 43/16 s20

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Procedure on recount

      35. (1) At the time and place appointed and in the presence of the persons referred to in section 34, the returning officer shall proceed to recount the votes in the ballot boxes returned to the returning officer and in so counting shall decide upon the validity of every ballot.

             (2)  When the recount is determined, the returning officer shall immediately declare to be elected the candidate having the largest number of votes, together with, in the case where more than one candidate is entitled to be elected, the candidate or candidates up to the remaining number entitled to election standing next in order on the basis of the number of votes received, and in the event of a tie the result of the election shall be determined in the manner prescribed in section 33.

146/97 s35

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Offence

      36. Every returning officer, deputy returning officer or poll clerk who is guilty of a wilful malfeasance or a wilful act or omission in contravention of these regulations is guilty of an offence and liable on summary conviction to a fine of not more than $500.

146/97 s36

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By-election

      37. (1) Where the Lieutenant-Governor in Council orders that there be an election of a board or a by-election of a trustee under section 59 or section 96 of the Act, the board shall call an election or by-election at the time the minister directs.

             (2)  A by-election shall be held in accordance with these regulations as if it were a general election except that if a list of electors was prepared for the previous general election then that list of electors shall be used in the by-election.

146/97 s37; 43/16 s21

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Cost of election

      38. The cost of an election or by-election conducted by a board under these regulations shall be paid from the funds of that board.

146/97 s38

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Minister may set dates

      39. Notwithstanding subsections 7(1) and (2), 8(1) and (4), section 10, subsections 12(2) and (3), section 13 and subsection 34(1), the minister may, with the approval of the Lieutenant-Governor in Council, set dates and prescribe time periods for the purposes of these regulations.

43/16 s22