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This is not an official version. POINT IN TIME |
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| May 20, 1997 to June 30, 2001 |
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Repealed on July 1, 2001 RSN 1990 CHAPTER S-5
Amended: 1991 c35 s9; 1991 c43 s18; 1992 cE-3.1 s339 [to be proclaimed]; CHAPTER S-5 AN ACT RESPECTING ELECTIONS TO THE COUNCIL OF THE CITY OF
Short title
1.
This Act may be cited as the Interpretation 2. (1) In this Act
(a)
"city" means the City of
(b)
"council" means the (c) "elector" means a person described in section 13 and otherwise qualified under this Act to vote in an election; (d) "minister" means the Minister of Municipal and Provincial Affairs; and (e) "ordinarily resident" means ordinarily resident as determined in accordance with the rules set out in Part V of the Municipalities Act. (2) Where in the opinion of the minister, the area of the city is likely to be larger on polling day than it is when the city clerk conducts an enumeration of electors, the words "the city" shall be construed to mean that larger area for the purpose of preparing the list of electors or determining the qualifications of candidates or electors. (3) Nothing in this Act shall be construed so as to permit a person who on polling day is not ordinarily resident within the boundaries of the city on that day (a) to be an elector; or (b) to be a candidate. 1977 c93 s2; 1979 c33 Sch C; 1981 c4 Sch D Interpretation 2.1 (1) Notwithstanding the definition of "ordinarily resident", where areas or former municipalities have been annexed or amalgamated to the city, a person who resides in those areas or former municipalities is eligible to be a candidate in an election or is eligible to be an elector. (2) Sections 4 and 11 shall apply to a person who resides in those areas or former municipalities annexed or amalgamated to the city as if that person had resided in the city before the annexation or amalgamation. (3) The lists of electors in place in those areas or municipalities annexed or amalgamated to the city shall be used in an election under this Act. Elective offices 3. The mayor, deputy mayor and councillors shall be elected by the vote of the electors of the city. 1977 c93 s3; 1997 c4 s7 Wards 4. (1) Subject to the approval of the Lieutenant-Governor in Council, the council may by by-law carried by a 2/3 vote of the council, divide the city into 2 or more wards, define the boundaries of those wards and fix the number of councillors to be elected for each ward. (2) Subject to section 5 of the City of St. John's Act, where the council fixes a number of councillors to be elected for each ward, the council may also fix a number of councillors to be elected at large. Candidates qualifications 5. A person is qualified to be nominated for the office of mayor, deputy mayor or councillor who is (a) eligible to vote in an election held under this Act; (b) not in arrears in taxes payable to the city for a prior year; and (c) ordinarily resident in the city for a period of 6 months prior to nomination day or in an area that, on election day, is part of the city. By-election provisions for election 6. The provisions of this Act respecting a general election apply to every by-election, and if the provisions cannot in the circumstances be applied to a by-election the minister may make orders governing the time, conduct and procedure relating to the by-election. Term of office 7. (1) A general election shall be held in 1997 and every 4 years after 1997. (2) All terms of office for candidates elected in a general election begin on the second Tuesday in October in the year in which the election is held. 1977 c93 s6; 1996 c20 s1 Polling day 8. (1) Where a vote is required to elect the mayor, deputy mayor and councillors, polling day for a general election is the last Tuesday of September in the year in which a general election is required to be held. (2) [repealed by 1996 c20 s2] 1977 c93 s7; 1985 c14 s1; 1996 c20 s2; 1997 c4 s9 Special election 9. (1) Notwithstanding sections 7 and 8, the minister may, by order, defer the holding of a general election for the city for a period not exceeding 1 year in total and the date of the general election shall be set out in the order. (2) A general election held under subsection (1) is to be held in the same manner as other general elections held under this Act. (3) Where a general election is ordered to be held under subsection (1) the mayor, deputy mayor and councillors affected by that order continue to hold office until the mayor, deputy mayor and councillors elected to succeed them are sworn or affirmed into office. (4) The terms of office for candidates elected in a general election by an order made under this section begin 14 days after the general election. 1989 c14 s1; 1997 c4 s10 Returning officer 10. In elections under this Act, unless the council otherwise provides by resolution, the city clerk is the returning officer. Deputies, poll clerks appointed 11. (1) The returning officer shall appoint deputies, poll clerks and other persons that may be required for an election. (2) A person is not eligible to accept an appointment referred to in subsection (1) if he or she (a) is mayor, deputy mayor or councillor in the city; (b) has been found guilty by a court of an offence under this Act; (c) is nominated as candidate in the election in relation to which he or she is appointed; or (d) is not eligible to vote as an elector. 1977 c93 s9; 1997 c4 s11 Polling divisions 12. The council may divide the city into polling divisions and may alter the boundaries of a polling division. Qualifications of elector 13. (1) Every Canadian citizen who is 18 years of age or older is qualified to vote at an election if he or she has been ordinarily resident for 30 days immediately preceding election day in the city or in an area that, on election day, is part of the city. (2) An elector may not vote in an election unless (a) his or her name is on the list of electors for that election; or (b) he or she presents his or her declaration in Form C of the Schedule signed on polling day by the returning officer or deputy returning officer. 1977 c93 s11; 1981 c49 s5; 1985 c14 s2 Electors enumerated 14. The city clerk shall, in each year in which a vote for a general election is required (a) conduct an enumeration of electors in the city; and (b) prepare before October 1, a list of those electors. Enumerators appointed 15. (1) The council may prescribe regulations and forms governing the enumeration of the electors but unless otherwise provided the city clerk shall appoint those enumerators that he or she considers necessary to complete an enumeration of electors living in each polling division in which a vote for an election is required. (2) An enumerator appointed under this section, before acting as enumerator, shall take the oath or affirmation of office in Form A of the Schedule and the oath or affirmation may be sworn or taken before a justice of the peace, a commissioner for oaths or city clerk, and the city clerk shall retain the oaths or affirmations as part of the records of his or her office. (3) Where an enumerator is unable to fulfil his or her duties or is found to be incapable, the city clerk shall cancel the appointment of the enumerator and appoint another enumerator in his or her place. Duties of enumerator 16. (1) An enumerator shall visit each place of residence in the area assigned to him or her and may record the name and address of each person living in that area (a) who is a Canadian citizen 18 years of age or over; and (b) who is ordinarily resident in the city. (2) An enumerator, on completion of his or her duties shall give to the city clerk a list of names of all persons enumerated by him or her. 1977 c93 s14; 1985 c14 s3; 1993 c21 s3 List of electors 17. (1) Not later than 3 weeks before polling day the city clerk shall have prepared a list of electors upon which shall be placed the names of the persons eligible to vote and enumerated in accordance with section 16. (2) The names shall be entered on the list of electors and arranged according to the polling division in which that person is ordinarily resident. List to be posted 18. Three weeks before polling day the city clerk shall post up in his or her office 1 copy of the list of electors, and shall publish, in a newspaper circulating in the city, a notice stating that the list of electors has been prepared and posted for inspection in the office of the city clerk and the time within which application for amendment to the list may be received. List may be amended 19. (1) A person who is otherwise qualified to vote but whose name does not appear on the list referred to in section 18 may, during office hours of a day up to and including the day before polling day, apply to the city clerk to have his or her name added to the list. (2) The application referred to in subsection (1) shall be made personally and shall be in the form of a declaration setting out the qualifications of the person applying. (3) The city clerk shall receive all applications properly made under this section and may require the applicant to provide satisfactory proof in order to verify the qualifications of the applicant and the city clerk may take the affidavits which he or she considers necessary. (4) Where the city clerk is satisfied that the applicant is qualified to have his or her name added to the list of electors he or she shall add the name to the list in the proper polling division and shall notify the applicant of the addition and give to the applicant a certificate signed by the city clerk that indicates the name of the applicant is on the list of electors. City clerk to certify list 20. (1) The city clerk shall certify the list of electors over his or her signature and the corporate seal of the city on or before polling day and that list shall constitute the list of electors for the 1st following general election and by-elections held before the 2nd following general election. (2) The city clerk shall send a copy of the list of electors to the Minister of Justice. Nomination days 21. Nomination days for a general election are those days from and including the 28th day to and including the 21st day before polling day excluding Saturdays, Sundays and public holidays. Hours nomination received 22. The returning officer shall receive nominations at City Hall in the city between the hours of 9 a.m. and 4 p.m. on nomination days. Publication of time and place of nomination 23. The returning officer shall, once a week for the 2 weeks before nomination days, publish in a newspaper circulating in the city a notice of the time and place of the nomination. Elected persons must be nominated 24. Only persons nominated for an office may hold that office and candidates shall deliver their nomination to the returning officer during the period described in section 22. Form of nomination 25. (1) A nomination for a candidate for an elective office shall be in Form D of the Schedule and shall be (a) in writing, signed by at least 2 electors; (b) accompanied by (i) a written acceptance signed by the person nominated stating the name and residence of the nominee, and (ii) a declaration of qualification in Form B of the Schedule; and (c) shall be accompanied by a deposit of $50 either in cash or by certified cheque payable to the council. (2) The returning officer shall return to a candidate who made a deposit in accordance with paragraph (1)(c) and who in the election was elected or who (a) in the case of a candidate for office of councillor, received a number of votes at least equal to 1/2 of the total number of votes polled for the candidate elected with the lowest number of votes; (a.1) in the case of a candidate for the office of deputy mayor, received a number of votes at least equal to 1/2 of the total number of votes polled for the candidate elected as deputy mayor; and (b) in the case of a candidate for office of mayor, received a number of votes at least equal to 1/2 of the total number of votes polled for the candidate elected as mayor. (3) Where a candidate does not obtain the number of votes stipulated in subsection (2), the deposit shall be paid to the council and applied towards the expenses of the election. (4) In stating a nominee's name in a nomination paper, (a) any but 1 of the nominee's given names may be omitted and his or her given names may be indicated by initial only; and (b) a name by which the nominee is commonly or familiarly known may be shown in parenthesis along with his or her given names. 1977 c93 s26; 1981 c49 ss4&7; 1993 c21 s4 City clerk keeps nomination papers 26. The returning officer immediately after the last nomination day shall, if he or she is not the city clerk, give to the city clerk nomination papers submitted under section 22. Publication of candidates 27. The returning officer shall within 2 days after the last nomination day publish in a newspaper circulating in the city the names of the candidates. Nominated persons elected 28. Where the number of persons nominated for office is equal to or does not exceed the number required to be elected, the returning officer shall at 9 a.m. of the 1st day after nomination days declare elected, those persons to the office for which they are nominated. Election declared 29. Where more than the required number of persons are nominated for an office, the returning officer shall declare that a general election shall be held as provided for in section 8. Publication that nominated persons elected or election declarations 30. The returning officer shall publish in a newspaper circulating in the city declarations made in accordance with section 28 or 29 within 2 days of the making of those declarations. Advanced polls 31. The council may hold an advance poll on the 7th day immediately preceding the day established as polling day. Notice of advance poll published 32. The returning officer shall give notice of the time and place of the advance poll by publishing at least once, in each of the 2 weeks preceding the advance poll in a newspaper circulating in the city, the time and place of the advance poll. Administration of advance poll 33. (1) The advance poll shall be conducted in the same manner as is provided for the conduct of other polls in an election except that upon the ballot box being sealed at the opening of the 1st day of the advance poll, it shall remain sealed until opened for the counting of ballots after the close of the polls on polling day. (2) A ballot box that is used in the conduct of an advance poll shall not be used on polling day. Elector at advance poll 34. A voter who is otherwise eligible to vote and who is (a) a physically disabled person; (b) an election official; or (c) a person who has reason to believe that he or she will be absent from the city on polling day, may vote at an advance poll. Electors recorded 35. At an advance poll, the poll clerk shall record in the poll book the names of the voters who vote at the advance poll and the polling divisions in which the voters live. Polling booths 36. (1) The returning officer may designate the locations at which polling booths shall be opened when a vote is required, and there shall be at least 1 polling booth in each polling division. (2) The returning officer shall before polling day publish a list of the polling divisions, the numbers of the polling divisions and the places in the polling divisions where the polling booths are located and the number of the polling booth which the returning officer shall assign to it. (3) The returning officer shall mark each polling booth with the number of the polling division to which it relates, and the number of the polling booth. Set-up of polling booth 37. (1) The returning officer shall ensure that each polling booth is provided with 1 or more compartments so arranged that an elector is screened from observation and may mark his or her ballot paper without interference. (2) The returning officer shall ensure that in each compartment an elector may mark a ballot on a table, desk or shelf with a hard surface and that there is available to the elector a black lead pencil with which he or she may mark his or her ballot. Time of voting 38. Polling booths shall be kept open on polling day from 8 a.m. until 8 p.m. Number of votes 39. (1) An elector may vote once only for office of mayor, for the office of deputy mayor and for the number of councillors that he or she chooses, not exceeding the number of councillors under section 5 of the City of St. John's Act and may vote only in an advance poll or in the polling division for which his or her name is entered on the list of electors. (2) Notwithstanding subsection (1), where an election official is assigned to a polling division other than that for which his or her name is entered on the list of electors, that election official may only vote in the polling division to which he or she has been assigned or at an advance poll or by proxy. (3) Notwithstanding subsections (1) and (2), where an election official is assigned to a polling division in a ward other than the ward in which he or she ordinarily lives on election day, that election official may only vote at an advance poll or by proxy. 1977 c93 s40; 1981 c49 s8; 1993 c21 s8; 1997 c4 s13 Separate ballot papers 40. The name of the candidates for mayor and deputy mayor shall each be on a different ballot paper from the names of candidates for councillors but all ballot papers shall be in a form which the Lieutenant-Governor in Council may prescribe. Complaint 41. The returning officer or deputy returning officer may require an elector, as a result of a written complaint signed by a candidate, to declare an oath or affirmation in a form that may be required and an elector who refuses to comply with the requirement shall not vote in that election. Results of voting 42. A deputy returning officer may, during the counting of ballots, report to the returning officer the results of the votes then counted and the returning officer may then announce those results. Municipalities Act applies 43. Section 542 and sections 552.1 to 633 of Part V of the Municipalities Act apply, with the necessary changes, to elections held under this Act. Regulations 44. The Lieutenant-Governor in Council may make regulations to give effect to the purpose of this Act. Schedule FORM A
I,
, appointed enumerator for the City of FORM B Declaration of Qualification of Candidate
I, ______________________, a candidate for the office of _________________________ in the City of 1. I am a Canadian citizen of at least 18 years of age. 2. I have been ordinarily resident in the city for at least 6 months immediately preceding nomination day. 3. I am not indebted to council for arrears of taxes for a period before January 1 in this year in which the election is required. AND I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same effect as if made under oath or affirmation and by virtue of the DECLARED before me at ) ) this day of 19 ) ) ...............................................
............................................... FORM C Declaration of Qualification of Elector
I,
, an elector in the City of 1. I am a Canadian citizen of at least 18 years of age.
2.
I have been ordinarily resident in the city for at least 30 days immediately preceding election day in the City of 3. I have not already voted in this election. AND I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same effect as if made under oath or affirmation and by virtue of the DECLARED before me at ) ) this day of 19 ) ) Returning Officer or
............................................. Deputy Returning Officer
FORM D Nomination Form
We, A.B. and B.C., being eligible to vote in the City of D.E. of ___________________ as a candidate for the elective office of ____________________ (mayor/at large/ward ). ...................................................... ...................................................... I, D.E., accept this nomination. ...................................................... DECLARED before me at ) ) this day of 19 ) ) ........................................................ 1977 c93 Sch A; 1981 c49 ss4&9; 1986 c42 Sch B; 1991 c43 s18; 1992 c39 s14; 1993 c21 s10 ŠEarl G. Tucker, Queen's Printer |