GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 3
Persons qualified as electors 3 Every person who is a Canadian citizen and is 18 years of age or older on polling day is qualified as an elector.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 4
Disentitlement from voting 4 The following persons are not entitled to vote at a referendum: (a) the Chief Electoral Officer; (b) the Assistant Chief Electoral Officer; and (c) every person who is imprisoned in a correctional institution serving a sentence of two years or more.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 5
Prohibition 5 No person may (a) vote or attempt to vote at a referendum knowing that they are not qualified as an elector or not entitled to vote under section 4; or (b) induce another person to vote at a referendum knowing that the other person is not qualified as an elector or not entitled to vote under section 4.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 6
Persons entitled to vote 6 Subject to this Act, every person who is qualified as an elector is entitled to have his or her name included in the list of electors for the polling division in which he or she is ordinarily resident and to vote at the polling station for that polling division.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 7
Only one vote 7 No elector who has voted at a referendum may request a second ballot at that referendum.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 8
Place of ordinary residence 8 (1) The place of ordinary residence of a person is the place that has always been, or that has been adopted as, his or her dwelling place, and to which the person intends to return when away from it. One place of residence only (2) A person can have only one place of ordinary residence and it cannot be lost until another is gained. Temporary absence (3) Temporary absence from a place of ordinary residence does not cause a loss or change of place of ordinary residence. Place of employment (4) If a person usually sleeps in one place and has their meals or is employed in another place, their place of ordinary residence is where they sleep. Temporary residence (5) Temporary residential quarters are considered to be a person’s place of ordinary residence only if the person has no other place that they consider to be their residence. Temporary residential quarters (6) A shelter, hostel or similar institution that provides food, lodging or other social services to a person who has no dwelling place is that person’s place of ordinary residence.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 9
Interpretation of ordinary residence 9 If the rules set out in section 8 are not sufficient to determine the place of ordinary residence, it shall be determined by the appropriate referendum officer by reference to all the facts of the case.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 11
Part 11 11 Any of the following persons may vote in accordance with Part 11: (a) a Canadian Forces elector; (b) an elector who is an employee in the federal public administration or the public service of a province and who is posted outside Canada; (c) a Canadian citizen who is employed by an international organization of which Canada is a member and to which Canada contributes and who is posted outside Canada; (d) a person who has been absent from Canada for less than five consecutive years and who intends to return to Canada as a resident; (e) an incarcerated elector within the meaning of that Part; and (f) any other elector in Canada who wishes to vote in accordance with that Part.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 16
Powers and duties of Chief Electoral Officer 16 The Chief Electoral Officer shall (a) exercise general direction and supervision over the conduct of referendums; (b) ensure that all referendum officers act with fairness and impartiality and in compliance with this Act and the Referendum Act ; (c) issue to referendum officers the instructions that the Chief Electoral Officer considers necessary for the administration of this Act and the Referendum Act ; and (d) exercise the powers and perform the duties and functions that are necessary for the administration of this Act and the Referendum Act .
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 17
Power to adapt Act 17 (1) During a referendum period or within 30 days after it, if an emergency, an unusual or unforeseen circumstance or an error makes it necessary, the Chief Electoral Officer may adapt any provision of this Act and, in particular, may extend the time for doing any act, subject to subsection (2), or may increase the number of referendum officers or polling stations. Limitation — power to adapt (2) The Chief Electoral Officer shall not extend the voting hours at an advance polling station or, subject to subsection (3), the voting hours on polling day. Emergency — extending voting hours (3) If voting at a polling station is interrupted on polling day by an emergency and the Chief Electoral Officer is satisfied that, if the voting hours at the polling station are not extended, a substantial number of electors will not be able to vote, the Chief Electoral Officer shall extend the voting hours at the polling station for the period the Chief Electoral Officer considers necessary to give those electors a reasonable opportunity to vote, as long as the polling station does not in any case (a) close later than midnight on polling day; or (b) remain open during polling day for a total of more than 12 hours.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 18
Public education and information programs 18 (1) The Chief Electoral Officer may implement public education and information programs to make the referendum process better known to the public, particularly to those persons and groups most likely to experience difficulties in exercising their democratic rights. Communication with the public (2) The Chief Electoral Officer may, using any media or other means that he or she considers appropriate, provide the public, both inside and outside Canada, with information relating to Canada’s referendum process and the democratic right to vote at a referendum. Information outside Canada (3) The Chief Electoral Officer may establish programs to disseminate information outside Canada concerning how to vote under Part 11.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 18.1
Electronic voting process 18.1 The Chief Electoral Officer may carry out studies on voting, including studies respecting alternative voting means, and may devise and test an electronic voting process for future use in a general election, a by-election or a referendum. Such a process may not be used for an official vote without the prior approval of the committees of the Senate and of the House of Commons that normally consider electoral matters.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 20
Casual and temporary staff 20 Any additional officers, clerks and employees that the Chief Electoral Officer considers necessary for his or her exercise of powers, and discharge of duties, under this Act and the Referendum Act related to the preparation for, and the conduct of, a referendum may be employed, in the manner authorized by law, on a casual or temporary basis.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 21
Delegation by Chief Electoral Officer 21 The Chief Electoral Officer may authorize the Assistant Chief Electoral Officer or any other officer on his or her staff to perform any of the Chief Electoral Officer’s functions under this Act and the Referendum Act .
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 23
Oath 23 (1) Before assuming duties, a referendum officer shall swear an oath in writing, in the prescribed form, to perform the duties of the office in an impartial manner. Prohibition (2) No referendum officer shall communicate information obtained in the course of performing his or her duties under this Act and the Referendum Act , other than for a purpose related to the performance of those duties. Sending of oaths (3) The returning officer shall send the documents containing the oaths of the returning officer and assistant returning officer without delay to the Chief Electoral Officer.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 24
24 (1) Not applicable. (1.1) Not applicable. (1.2) Not applicable. (1.3) Not applicable. (1.4) Not applicable. (1.5) Not applicable. Responsibility of returning officer (2) A returning officer is responsible, under the general direction of the Chief Electoral Officer, for the preparation for and conduct of a referendum in his or her electoral district. Obligation to act to enable referendums to be held (3) Every returning officer to whom a writ is directed shall, on its receipt, or on notification by the Chief Electoral Officer of its issue, cause to be promptly taken any of the proceedings directed by this Act and the Referendum Act that are necessary in order that the referendum may be regularly held. (4) Not applicable. (5) Not applicable. (6) Not applicable. Removal from office (7) The Chief Electoral Officer may remove from office any returning officer who (a) is incapable, by reason of illness, physical or mental disability or otherwise, of satisfactorily performing his or her duties under this Act or the Referendum Act ; or (b) fails to discharge competently a duty of a returning officer under this Act or the Referendum Act , or to comply with an instruction of the Chief Electoral Officer described in paragraph 16(c); (c) Not applicable; (d) Not applicable.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 27
Authorization 27 (1) The returning officer for an electoral district may, with the prior approval of the Chief Electoral Officer, authorize any person acting under his or her direction to perform any of the functions of a returning officer under this Act, except those described in subsection 24(3), sections 62, 103, 104, 130, 293 to 298, subsections 300(4) and 301(6), and sections 313 to 316. Authorization in writing (2) An authorization under subsection (1) shall be signed and dated by the returning officer.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 28
28 (1) Not applicable. (2) [Repealed] (3) Not applicable. Designated person to act (3.1) If a returning officer and an assistant returning officer are both absent or unable to act or if both their offices are vacant during a referendum period, the Chief Electoral Officer shall designate a person to act in place of the returning officer, and that person may, during and after that period, perform the duties of a returning officer in relation to that referendum. (4) Not applicable. (5) Not applicable.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 30
30 (1) Not applicable. (2) Not applicable. Delegation limited (3) An assistant returning officer appointed under subsection 30(2) of the Canada Elections Act may perform the functions of an assistant returning officer only in respect of the area for which they are appointed. Further limitation (4) An assistant returning officer appointed under subsection (2) may not perform the functions described in subsections 28(1), 60(2) and 293(1).
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 31
Prohibition — acting in another capacity 31 No returning officer or assistant returning officer appointed under subsection 26(1) of the Canada Elections Act shall act in any other capacity under this Act or the Referendum Act .
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 32
Referendum officers 32 After the issue of the writ, a returning officer shall appoint the following referendum officers in the prescribed form: (a) the revising agents that the returning officer considers necessary, provided that the Chief Electoral Officer approves of their number; (b) one deputy returning officer and one poll clerk for each advance polling station in the electoral district; (c) one deputy returning officer and one poll clerk for each polling station in the electoral district; and (d) a registration officer for each registration desk.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 33
Solicitation of names 33 (1) Before appointing revising agents, a returning officer shall solicit names of suitable persons from the registered parties whose candidates finished first and second in the last election in the electoral district and, if sufficient names are not provided by those parties within three days after receipt of the request, the returning officer may solicit names from any other source. Equal distribution (2) A returning officer shall appoint half of the revising agents from among the persons recommended by the registered party whose candidate finished first in the last election in the electoral district, and half from among the persons recommended by the registered party whose candidate finished second in that election. Revising agents to work in pairs (3) A returning officer shall appoint revising agents to work in pairs and each pair shall consist, as far as possible, of persons recommended by different registered parties. Replacement (4) A returning officer may replace a revising agent at any time and the former revising agent shall return all referendum materials in his or her possession to the returning officer. Lists of revising agents (5) Each returning officer shall make available to each agent who made a request pursuant to subsection 10(1) of the Referendum Act a list of the revising agents for the electoral district, on completion of the list. Identification (6) Each revising agent shall, while performing his or her functions, wear or carry the identification that is supplied by the Chief Electoral Officer and shall show it on request.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 34
34 (1) Not applicable. Replacing deputies (2) A returning officer may, at any time, remove a deputy returning officer.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 35
35 (1) Not applicable. Replacing poll clerks (2) A returning officer may, at any time, remove a poll clerk.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 38
Replacement for deputy returning officer 38 (1) When the office of deputy returning officer is vacant or if the deputy returning officer is unable or unwilling to act, and the returning officer has not appointed a replacement, the poll clerk shall act as deputy returning officer without taking another oath. Another poll clerk appointed (2) When a poll clerk acts as deputy returning officer, the poll clerk shall, in the prescribed form, appoint a person to act as poll clerk.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 39
Registration offices 39 (1) The returning officer shall establish one or more registration desks in accordance with the instructions of the Chief Electoral Officer. Appointment of registration officers (2) The returning officer shall appoint, for each registration desk, a registration officer to receive, on polling day, the applications for registration of electors whose names are not on the list of electors. Solicitation of names (3) Before appointing registration officers, the returning officer shall solicit names of suitable persons from the registered parties whose candidates finished first and second in the last election in the electoral district, to be submitted to the returning officer no later than the 17th day before polling day. If, by that time, a sufficient number of names of suitable persons are not provided by those parties, the returning officer may solicit names from other sources. Equal distribution of appointments (4) The returning officer shall, as far as possible, appoint half of the registration officers from among the persons recommended by each of the registered parties under subsection (3). If either of those parties did not provide a sufficient number of names of suitable persons, that party’s remaining share of the appointments shall be made from among the names solicited by the returning officer from other sources.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 41
Results transposed 41 (1) When a new electoral district is established, the Chief Electoral Officer shall transpose the results from the previous general election to the polling divisions that are in the new electoral district in order to determine which registered parties have the right to provide the returning officer with lists of persons to be appointed as referendum officers. Special case (2) If the Chief Electoral Officer cannot transpose the results from the previous general election to a portion of the new electoral district because no candidate was returned in respect of that portion due to an equality of votes, the Chief Electoral Officer shall transpose the results from the by-election that was subsequently held under subsection 29(1.1) of the Parliament of Canada Act in respect of that portion. Exception (3) If, in a case to which subsection (2) applies, a referendum is held before the by-election, the registered parties that have the right to provide the returning officer with lists of names of suitable persons to be appointed as referendum officers in respect of that referendum are the same registered parties as those that had that right for the purposes of the election that resulted in the equality of votes. Notice to parties (4) When the Chief Electoral Officer has determined which parties have the right to provide lists of names under subsection (1), (2) or (3), he or she shall notify the parties without delay of that right.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 42
Attribution of votes for appointments 42 For the purposes of subsections 33(1) and (2), subsections 39(3) and (4), section 41, and section 9.1 of the Referendum Act in determining whether the candidate of a registered party finished first or second in the last election in a case where the registered party is the result of a merger with two or more parties that were registered parties at that election, there shall be attributed to the candidate of the merged party the number of votes of the candidate of the merging party with the largest number of votes at that election.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 43
Prohibitions 43 No person shall (a) wilfully obstruct a referendum officer in the performance of his or her duties; (b) without authority, use identification simulating that used by a revising agent or intended to replace that prescribed by the Chief Electoral Officer for that purpose; or (c) having been replaced as a referendum officer, fail to give to their replacement or to an authorized person any referendum documents or other referendum materials that the person has received or prepared in the performance of his or her duties.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 43.1
Right of access 43.1 (1) No person who is in control of an apartment building, condominium building or other multiple-residence building or a gated community may prevent a referendum officer or a member of the staff of a returning officer from obtaining access to the building or gated community, as the case may be, between 9:00 a.m. and 9:00 p.m., to perform his or her duties under this Act or the Referendum Act . Exception (2) Subsection (1) does not apply in respect of a person who is in control of a multiple-residence building whose residents’ physical or emotional well-being may be harmed as a result of permitting the activities referred to in that subsection.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 47
Duty of returning officer 47 During the referendum period, each returning officer shall update the Register of Electors from the information that he or she obtains under this Act, other than information in relation to an elector with respect to whom an application has been granted under subsection 233(1.1).
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 57
57 (1) Not applicable. (1.1) Not applicable. (1.2) Not applicable. Polling day (2) In the case of a referendum, (a) the date of issue of the writs shall be the same for all electoral districts; and (b) polling day shall be the same for all electoral districts; (c) not applicable. Polling day held on a Monday (3) Subject to subsection (4), polling day shall be on a Monday. Exception (4) If, in the week in which the referendum is to be held, the Monday is a holiday, polling day shall be held on the Tuesday of that week. Times when polling day is Tuesday (5) If the day fixed for the vote is a Tuesday because of subsection (4), any time period specified under this Act or the Referendum Act before or after polling day is to be calculated as if polling day were the Monday.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 59
Withdrawal of writ 59 (1) The Governor in Council may order the withdrawal of a writ for any electoral district for which the Chief Electoral Officer certifies that by reason of a flood, fire or other disaster it is impracticable to carry out the provisions of this Act or the Referendum Act . Duties of Chief Electoral Officer (2) If the Governor in Council orders the withdrawal of a writ, the Chief Electoral Officer shall publish a notice of the withdrawal in the Canada Gazette . (3) Not applicable.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 60
Returning officer to open and maintain an office 60 (1) Every returning officer shall, without delay after receiving the writ or notice by the Chief Electoral Officer of the issue of the writ, open an office in premises with level access in a convenient place in the electoral district and shall maintain the office throughout the referendum period. Hours (2) The Chief Electoral Officer may fix the hours that the office must be open and the minimum number of hours of compulsory attendance at it by the returning officer and the assistant returning officer.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 61
Appointment of staff 61 (1) The Chief Electoral Officer may authorize returning officers to appoint the staff that they consider necessary for the purposes of this Act and the Referendum Act . Employment of staff (2) Staff mentioned in subsection (1) shall (a) be appointed in the prescribed form; (b) take the prescribed oath; and (c) be discharged as soon as their services are no longer needed.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 62
Notice of referendum 62 Within four days after the issue of the writ, each returning officer shall sign and issue a Notice of Referendum in Form 2 of Schedule 1 that indicates (a) not applicable; (b) the date for polling day; (c) the date and time, not later than seven days after polling day, for the validation of results; and (d) the address of the returning officer’s office.