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Statutes of Newfoundland 1992


CHAPTER 52

CHAPTER 52

AN ACT TO AMEND THE ELECTION ACT, THE JURY ACT, 1991 AND THE ELECTIONS ACT, 1991

(Assented to December 23, 1992)

Analysis

ELECTION ACT

1. Ss.3, 4 & 5 R&S
3. Qualifications of electors
4. Exceptions to s.3
5. Disqualification of CEO

2. Ss.12 & 13 R&S
12. Determination of residence
13. Determination of residence

3. S.15 Amdt.
Lists sent to reviser

4. S.33(6) Added
Printing of list

5. Forms valid
JURY ACT, 1991

6. S.16(1) R&S
Revision of list
ELECTIONS ACT, 1991

7. S.54.1 Added
New list of electors
S.341 R&S
341. Commencement

8. Commencement

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

ELECTION ACT


RSN 1990 cE-3

1. Sections 3, 4 and 5 of the Election Act are repealed and the following substituted:

Qualifications of electors

3. 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.

Residence in electoral district

4. 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.

2. Sections 12 and 13 of the Act are repealed and the following substituted:

Ordinarily resident

12. 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.

3. (1) Subsection 15(2) of the Act is repealed and the following substituted:

(2) An enumerator shall deliver personally or send by registered mail to the revising justice the list of electors and 4 certified copies of the list.

(2) Subsection 15(3) of the Act is repealed and the following substituted:

(3) Where an enumerator has completed the preparation of the list of electors for a polling division, the enumerator shall by notice call on every elector who was not included in the list to deliver to that enumerator not later than a date mentioned in the notice, which shall be the date of the opening of the court of revision for that polling division, a written application to be included in the list, setting out the grounds on which he or she should be so included and signed by the elector.

4. Section 33 of the Act is amended by adding immediately after subsection (5) the following:

(6) The list certified by the compiling officer under subsection (5), may be produced by means of a system of mechanical or electronic data processing and a list produced by that means shall be considered to be an original list of electors for the purpose of this Act.

Forms valid

5. Forms prepared under the Act in force prior to June 1, 1992 shall be considered as valid for use under the Act which came into force as part of the Revised Statutes of Newfoundland 1990, notwithstanding a difference in numbering of the forms or in a reference to a section of the Act contained in those forms or notwithstanding that the forms do not contain a number, as if they had been enacted by or prepared under that Act or had been contained in regulations made under that Act.

JURY ACT, 1991

1991 c16

6. Subsection 16(1) of the Jury Act, 1991 is repealed and the following substituted:

Revision of list

16. (1) The supervising enumerator shall sit daily to revise the jury list at the place and time and for the period considered necessary by the supervising enumerator.

ELECTIONS ACT, 1991

1991 cE-3.1

7. (1) The Elections Act, 1991 is amended by adding immediately after section 54 the following:

New list of electors

54.1 Where a list of electors is prepared under the former Act, but not earlier than 1 year prior to the coming into force of Part I of this Act,

(a) sections 27, 53 and 54 shall not apply;

(b) the list of electors shall be considered the Permanent List of Electors; and

(c) the list may be revised according to section 56.

(2) Section 341 of the Elections Act, 1991 is repealed and the following substituted:

Commencement

341. (1) This Act or a Part or a section or subsection of this Act comes into force on a day or days to be proclaimed by the Lieutenant-Governor in Council.

(2) In a proclamation bringing into force Part III and subsection 339(2) the Lieutenant-Governor in Council may provide that the provisions of Part III and subsection 339(2) shall not apply to a registered district association.

(3) Where, in a proclamation bringing into force Part III and subsection 339(2), the Lieutenant-Governor in Council provides that the provisions of Part III and subsection 339(2) shall not apply to a registered district association, the Lieutenant-Governor in Council may by another proclamation declare that Part III and subsection 339(2) apply to a district association.

Commencement

8. This Act or a section or subsection comes into force on a day or days to be proclaimed by the Lieutenant-Governor in Council.

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