CONSOLIDATED NEWFOUNDLAND REGULATION 1111/96

Election Rules
under the
Law Society Act
(O.C. 96-941)

Under the authority of subsection 13(2) of the Law Society Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following rules.

RULES

Analysis

        1.   Short title

        2.   Nomination for election as bencher

        3.   When ballots required

        4.   Voting

        5.   Counting of ballots

        6.   Results of elections

        7.   Repeal

Short title

        1. These rules may be cited as the Election Rules.

65/91 s1

Nomination for election as bencher

        2. (1) Nomination of a member of the society eligible to serve as a bencher shall be made in writing on a nomination paper, in the form prescribed by the Law Society, setting out the full name and addresses of the proposer and seconder and the nomination paper shall be signed by the 3 parties.

             (2)  The completed nomination papers shall be filed with the secretary not later than 45 days before the annual general meeting of the society.

65/91 s2

When ballots required

        3. If more members are nominated than there are positions to be filled then within 15 days of the close of nominations the secretary shall prepare forms of ballots containing the names of the barristers nominated under Rule 4.01(1) of the Rules of the Law Society and shall forward, by mail or otherwise, one of each of those ballots to each member of the society.

65/91 s3

Voting

        4. (1) Each member of the society may vote for a number of candidates in each district equal to the number of vacancies to be filled by election for that district at that election.

             (2)  A member wishing to vote in the election may do so by

             (a)  mailing his or her ballot to the offices of the society not less than 7 days before the first day of the annual meeting;

             (b)  by delivering it

                      (i)  to the offices of the society before the first day of the annual general meeting, or

                     (ii)  on the first day of the annual general meeting to the executive director before 12:00 noon on that day.

65/91 s4

Counting of ballots

        5. (1) The ballot papers shall be counted by 3 scrutineers consisting of members present at the meeting, all of whom shall be appointed by the treasurer or the person presiding at the annual general meeting.

             (2)  A plurality of votes cast shall decide the members elected as benchers.

             (3)  In the event of a tie occurring for the last position of a bencher to be filled the meeting shall be advised of the names of the members who are tied and the members present at the annual general meeting and qualified to vote shall vote on a paper to be supplied by the executive director and the person receiving the plurality of votes shall be declared elected.

             (4)  A vote cast for a person who is ineligible to be an elective bencher or a ballot paper containing more than the number of votes to be cast in respect of any district shall be null and void in respect of that district and the election shall be declared as if that vote had not been cast.

65/91 s5

Results of elections

        6. The treasurer or the person presiding at the annual general meeting shall advise the meeting of the results of the votes for each district and shall cause the result of the election and names of the elected benchers to be published in the issue of the Gazette next ensuing after that election.

65/91 s6

Repeal

        7. The Election Rules, 1991, Newfoundland Regulation 65/91, are repealed.

©Earl G. Tucker, Queen's Printer