Statutes of Newfoundland 1992

Short title

Interpretation

(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.

Definitions

CEO

(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

Acting CEO

(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

(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

Budget

(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

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

(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

(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

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

List in Gazette

Replacement appointed

Election clerk appointed

(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

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

Acting returning officer

(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

(2) The Chief Electoral Officer may,

(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

(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

Ineligible election officers

(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,

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

Other ineligible persons

Qualified electors

At electoral districts

Inclusion in list of electors

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.

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

District list of electors

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

Polling divisions

(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

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

Appointment of enumerators

(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

(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

(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

Enumerator's list of electors

House-to-house visits

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

Urban lists

Rural lists

Time for making list

List and copies, how dealt with

(2) The enumerator shall

Inclusion of names in 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

Retention of copies

Omission of electors' name

Revision

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

Notice of revision

(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

(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

(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

Appeal from revision

(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

(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

(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

Names on supplementary list included

Permanent List of Electors

(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

(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

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

Calling an election

(2) A proclamation under subsection (1) shall

Polling day

Nomination day

General election day

Issue of election writ

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

Withdrawal of writ

(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

Appointment of DRO

(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

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

Poll clerk as DRO

(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

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

(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

(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

(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

(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

(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

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

(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

(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

(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

Withdrawal of candidate

(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

Death of candidate

(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

(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

Public notice of poll

(2) The notice shall state

Polling stations

(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

(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

Change in 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

(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

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

(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

(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

(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

(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

Ballots and contents

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

(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

Ballots to returning officer

(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

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

Posting up directions

Sealing of ballots

(2) The ballot box shall then

(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

(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

Voting by election officers

Scrutineers entitlement

Right of candidate

Validity preserved

Beginning of voting

(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

(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

(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

(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

Prohibited voting

Valid votes

(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

(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

(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

(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

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

(3) An elector shall not,

(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

(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

Manner of voting

(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

(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

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

Second elector of same name

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

Elector needing aid

(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

Electors present at close of poll

(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.

(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

Irregularities

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

(2) The Chief Electoral Officer may fix

Time for advance poll

Notice of polling station

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

Duties of returning officer

Who may vote

Requirements of elector

(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

Record to be kept

Security of advance poll

(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

(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

Pre-empting services

Application of Part

General power to increase staff

How votes to be counted

(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

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

Counterfoils found attached

(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

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

(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

(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

(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

Statement of the poll

(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

(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,

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

(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

Communicating count

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

(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

Penalty for default

(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

(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

(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

(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

Declaration of candidate

(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

Adjournment of official count

(2) Where

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

(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

Result following missing votes

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

Procedure on 2nd poll

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

(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

Documents sent to CEO

(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

(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

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

Application for recount

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

(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

Presence of clerk

Officials to be present

Persons present at recount

(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

(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

Continuous recounting

(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

Sealing up ballots

(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

(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

(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

(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

Secrecy preserved

Procedure

Competent witnesses

Limitation of actions

Care of election documents

Production of election documents

Destruction of election documents

(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,

(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

(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

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.

Returning officer shall keep order

(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

(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.

(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.

Offence: inducing to vote

(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

Personation and multiple voting

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

Illegal voting

Attack on secrecy

Offences against ballots

False statements

Printed documents

(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

Offences by election officers

(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,

Other offences by officers

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

Obstructing enumerator

Wrongful application

False statement re candidate

Inducing person to vote

Removing notices

Hindering employee's vote

Penalty

For other offences

Employees time to 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

Respecting fees

Certification of accounts

(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

Notices generally

Time falling on holiday

Plebiscite

(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

Federal Acts may apply

(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

Regulations

Conveyance of elector

Regulations

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

Offence under regulation

Validity of consolidation of Act

Abbreviations

Definitions

Description of election application

When application can be made

(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

Returning officer as respondent

Application re candidates

(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

(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

(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

(2) When an application

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

Amending application

Complaint of no return

Counter application

Making application

Security for costs

(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

(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

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

When application in issue

(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

(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

Notice of trial

Adjournment of trial

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

Consolidation of applications

Corrupt and illegal practice

Special case

(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

Non-liability

the candidate is not subject to the penalties and disabilities that he or she would, but for this section, incur.

Certificate of the judge

(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

Invalidation of election

Duty of speaker

(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

Withdrawal of application

Consent for withdrawal

Costs

Proceedings may be stopped

(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

Substituted application

(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

Powers of judge

Appeal to 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

(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

Interpretation

(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

Existing trust funds

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),

Staff

Duties of CEO

(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

(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)

(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

Audit

Inspection of information

(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

(2) A political party that

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

(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,

(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

(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

(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,

(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

Registration presumed

(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

(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

(2) The Chief Electoral Officer may deregister

(3) Where, under subsection (2), the Chief Electoral Officer proposes to deregister

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

(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

(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

(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

(5) A candidate who files an application under subsection (3),

(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

(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:

(4) Money contributed to registered parties, registered district associations and registered non-affiliated candidates in amounts in excess of $100 shall be made only

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

(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

(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

(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

(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

(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

(2) The following only are considered as a contribution of goods or services for the purpose of this Part:

(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

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

(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

(2) A receipt issued under subsection (1) shall include

(3) The chief financial officer or other person issuing a receipt shall retain signed duplicates of it.

Improper contributions

(2) An amount equal to the value of every contribution made contrary to this Part shall

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

(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

Transfer of funds, etc.

(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

(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

Union group contributions

(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

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

Recording of contributions

(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

(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

(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

for the purpose of promoting or opposing a political party or the election of a candidate.

(2) Subsection (1) does not apply

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

(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

(2) Where an auditor appointed under subsection (1),

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

(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

Annual filing of audit

(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

(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

(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

(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

(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

(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

(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

(2) Election expenses of a registered district association shall be limited so as not to exceed

(3) Election expenses of a registered non-affiliated candidate shall be limited so as not to exceed

(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

Expenses adjustment formula

(2) For the purpose of this section, the Consumer Price Index for a 12 month period is the result arrived at by

Reimbursement of expenses

(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

Offence: exceeding expense limit

(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

Offence: false statement

Offence: false receipt

Offence: destruction of records

Non-compliance with time limit

(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

General offence

Obstructing investigation

False statement

False information

Style of prosecution

(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

(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.

Advisory committee

(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

(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

Members' expenses

Meetings of committee

Duties of committee

(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.

RSN 1990 cE-3 Rep.

Consequential amendments

Political contribution deduction

10.1 (1) In this section

(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,

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.

Future amendments

Commencement