GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Referendum Act — R-4.7 2
ided by a government, but does not include any costs incurred by a member of the Senate or the House of Commons in the discharge of the member’s duties and paid out of any allowance or other amount provided to the member pursuant to the Parliament of Canada Act ; ( dépenses référendaires ) referendum finances return means the return required by subsection 19(1) to be filed with the Chief Electoral Officer by the chief agent of a registered referendum committee and includes the bills, vouchers and receipts referred to in subsection 19(2); ( rapport financier référendaire ) referendum period means the period beginning on the day on which the text of the referendum question is approved under section 5 and ending on polling day at the referendum; ( période référendaire ) referendum question means a question directed to be put to electors by a proclamation; ( question référendaire ) registered referendum committee means a referendum committee that is registered under section 13; ( comité référendaire enregistré ) support , in respect of a referendum question, means to be in favour of voting “yes” to the question. ( favoriser ) Words and expressions (2) Unless a contrary intention appears, words and expressions used in this Act have the same meaning as in the Canada Elections Act .
Referendum Act — R-4.7
chief agent , in respect of a registered referendum committee, means the person recorded in the registry maintained under section 17 as the chief agent of that committee; ( agent principal )
Referendum Act — R-4.7 (a)
contribution means money, and the commercial value of goods and services, other than volunteer labour, provided by any person, group or government, whether as a contribution, gift, loan, advance, deposit or otherwise, to any other person or group to be used by that other person or group for the purposes of a referendum, but does not include (a) money provided in the normal course of business, by way of loan, advance or other means of lending, under normal terms and conditions, including the rate of interest thereon, for money provided in that way, and (b) the actual cost to the recipient thereof of goods and services provided in the normal course of business at not less than their commercial value; ( contribution )
Referendum Act — R-4.7
electoral district , in respect of a referendum, means any place or territorial area that would be entitled, at a general election, to return a member to serve in the House of Commons if that House were dissolved on the day on which the proclamation is issued; ( circonscription )
Referendum Act — R-4.7
federal party means any political party that has one or more elected members in the House of Commons on the day on which writs of referendum are issued; ( parti fédéral )
Referendum Act — R-4.7
group means any unincorporated trade union, trade association or other group of persons acting together by mutual consent for a common purpose, and includes a federal party and a provincial party; ( groupe )
Referendum Act — R-4.7
oppose , in respect of a referendum question, means to be in favour of voting “no” to the question; ( s’opposer )
Referendum Act — R-4.7
polling day , in respect of a referendum, means the day named in the writs of referendum on which the poll is to be held at the referendum; ( jour du scrutin )
Referendum Act — R-4.7
proclamation means a proclamation referred to in subsection 3(1); ( proclamation )
Referendum Act — R-4.7
provincial party means any political party that has one or more elected members in a provincial legislature on the day on which writs of referendum are issued or, if the legislature is then dissolved, had one or more of those members immediately before dissolution; ( parti provincial )
Referendum Act — R-4.7
referendum means a referendum held pursuant to a proclamation; ( référendum )
Referendum Act — R-4.7
referendum committee means any person who, or group that, intends to incur referendum expenses over five thousand dollars; ( comité référendaire )
Referendum Act — R-4.7 (a)
referendum expenses means (a) amounts paid, (b) liabilities incurred, (c) the commercial value of goods and services, other than volunteer labour, donated or provided, and (d) amounts that represent the differences between amounts paid and liabilities incurred for goods and services, other than volunteer labour, and the commercial value thereof where they are provided at less than their commercial value, (all of which are in this definition referred to as the “cost”) for the purpose of supporting or opposing, directly and during a referendum period, a referendum question and, without limiting the generality of the foregoing, includes the following costs when incurred for that purpose: (e) the cost of acquiring the right to the use of time on the facilities of any broadcasting undertaking or of acquiring the right to the publication of an advertisement in any periodical publication, (f) the cost of acquiring the services of any person, including remuneration paid to the person or on behalf of the person, as an agent or otherwise, except where the services are donated or provided free of charge, (g) the cost of acquiring meeting space, of provision of light refreshment and of acquiring and distributing mailing objects, material or devices of a promotional nature, and (h) the cost of goods or services provided by a government, but does not include any costs incurred by a member of the Senate or the House of Commons in the discharge of the member’s duties and paid out of any allowance or other amount provided to the member pursuant to the Parliament of Canada Act ; ( dépenses référendaires )
Referendum Act — R-4.7
referendum finances return means the return required by subsection 19(1) to be filed with the Chief Electoral Officer by the chief agent of a registered referendum committee and includes the bills, vouchers and receipts referred to in subsection 19(2); ( rapport financier référendaire )
Referendum Act — R-4.7
referendum period means the period beginning on the day on which the text of the referendum question is approved under section 5 and ending on polling day at the referendum; ( période référendaire )
Referendum Act — R-4.7
referendum question means a question directed to be put to electors by a proclamation; ( question référendaire )
Referendum Act — R-4.7
registered referendum committee means a referendum committee that is registered under section 13; ( comité référendaire enregistré )
Referendum Act — R-4.7
support , in respect of a referendum question, means to be in favour of voting “yes” to the question. ( favoriser )
Referendum Act — R-4.7 3
Proclamation of referendum 3 (1) Where the Governor in Council considers that it is in the public interest to obtain by means of a referendum the opinion of electors on any question relating to the Constitution of Canada, the Governor in Council may, by proclamation, direct that the opinion of electors be obtained by putting the question to the electors of Canada or of one or more provinces specified in the proclamation at a referendum called for that purpose. More than one question (2) A proclamation may direct that more than one question be put to electors. Wording of question (3) A referendum question shall be so worded that each elector may express an opinion on the question by making a cross or other mark after the word “yes” or “no” on the ballot paper. Form of ballot paper (4) The Chief Electoral Officer shall, for the purpose of a referendum, modify the form of the ballot paper used at a general election in such manner as, in the Chief Electoral Officer’s opinion, will best achieve that purpose. Language (5) The Chief Electoral Officer shall ensure that the text of a referendum question is available in such aboriginal languages and in such places in those languages, as the Chief Electoral Officer, after consultation with representatives of aboriginal groups, may determine.
Referendum Act — R-4.7 4
Restrictions 4 No proclamation may be issued (a) when the House of Commons stands dissolved; or (b) before, or more than forty-five days after, the text of the referendum question has been approved under section 5.
Referendum Act — R-4.7 5
Motion for approval of referendum question 5 (1) Subject to subsections (2) and (4), a member of the Queen’s Privy Council for Canada referred to in section 4.1 of the Salaries Act may, in accordance with the procedures of the House of Commons, give notice of a motion for the approval of the text of a referendum question. Consultation (2) The Leader of the Opposition and the leader of each political party having a recognized membership of twelve or more persons in the House of Commons shall be provided with, and be consulted about, the proposed text of a referendum question at least three days before notice of the motion for approval of the text is given. Extended hours (3) On the filing of a request with the Speaker of the House of Commons by any fifteen members of the House after consultation under subsection (2) has commenced, the House shall sit beyond the normal hour of adjournment on each day on which the House is considering the motion until no further member rises in debate, but in any event, not later than midnight. Consideration of motion (4) The motion shall be moved and considered by the House of Commons on the next sitting day of the House following the day on which notice of the motion was given. Vote (5) On the expiration of the third sitting day of the House of Commons on which the motion is considered, or at such earlier time as the House is ready for the question, the Speaker shall forthwith, without further debate or amendment, put every question necessary for the disposition of the motion. Motion for concurrence (6) If the motion is adopted by the House of Commons, with or without amendment, a message shall be sent from that House informing the Senate that the motion has been so adopted and requesting that the motion be concurred in by the Senate. Consideration of motion (7) A motion that is the subject of a request for concurrence shall be dealt with by the Senate in accordance with subsections (4) and (5). Concurrence in amendments (8) If the motion is amended by the Senate, the motion in the House of Commons to concur in the amendment shall be moved and disposed of on the next sitting day of the House following the day on which the message of the amendment was received by the House, and any further amendment by the House shall be similarly dealt with in the Senate. 1992, c. 30, s. 5; 2005, c. 16, s. 15
Referendum Act — R-4.7 6
Issue of writs of referendum 6 (1) On the issue of a proclamation, the Chief Electoral Officer shall, in accordance with the proclamation, issue writs of referendum in the form set out in Schedule I for all electoral districts in Canada or in the province or provinces specified in the proclamation. Date of writs (2) Writs of referendum shall be dated on such day as the Governor in Council may determine. Polling day (3) Polling day at a referendum shall be determined by the Governor in Council and be specified in the writs of referendum. Forwarding to returning officers (4) Writs of referendum shall be directed to the persons appointed pursuant to the Canada Elections Act as returning officers for the various electoral districts and shall be forwarded to them by the Chief Electoral Officer forthwith after their issue. Restrictions (5) Writs of referendum may not be issued during a general election nor may they be dated on a day later than the thirty-sixth day before polling day at the referendum. Deemed withdrawal of writs of referendum (6) Where writs of election at a general election are issued during the period beginning on the day on which writs of referendum are issued and ending on polling day at the referendum, the writs of referendum shall be deemed to be withdrawn on the day on which the writs of election are issued. Notice of withdrawal of writs to be published (7) Where writs of referendum are deemed by subsection (6) to be withdrawn, a notice of the withdrawal of the writs shall be published in the Canada Gazette by the Chief Electoral Officer.
Referendum Act — R-4.7 7
Application of Canada Elections Act to referendum 7 (1) Subject to this Act, the Canada Elections Act , as adapted pursuant to subsection (3), applies in respect of a referendum, and, for the purposes of that application, the issue of writs of referendum shall be deemed to be the issue of writs for a general election. Provisions not applicable (2) The provisions of the Canada Elections Act referred to in Schedule II do not apply in respect of a referendum. Regulations (3) Subject to this Act, the Chief Electoral Officer may, by regulation, adapt the Canada Elections Act in such manner as the Chief Electoral Officer considers necessary for the purposes of applying that Act in respect of a referendum. Idem (4) The Chief Electoral Officer may make regulations (a) respecting the conduct of a referendum; and (b) generally for carrying out the purposes and provisions of this Act. No examination (5) Section 3 of the Statutory Instruments Act does not apply in respect of a regulation made pursuant to subsection (3) or (4). Deposit of regulation with Clerk (6) A copy of each regulation that the Chief Electoral Officer proposes to make under this section shall be deposited with the Clerk of the Senate and the Clerk of the House of Commons at least seven days before the day on which the regulation is proposed to be made. Reference to committee (7) A regulation deposited with the Clerk of the Senate stands referred to such committee of the Senate, if any, as is designated or established, prior to the deposit, to review the regulation, and a regulation deposited with the Clerk of the House of Commons stands referred to the Special Committee on Electoral Reform established on February 14, 1992 or, if that Special Committee no longer exists, to such committee of the House of Commons as may be designated or established to review the regulation, and the committees may make such recommendations to the Chief Electoral Officer with respect to the regulation as they consider appropriate.
Referendum Act — R-4.7 9.1
Appointment of deputy returning officers 9.1 (1) As soon as convenient after the issue of the writ for a referendum, a returning officer shall, by writing in the prescribed form executed under his hand, appoint one deputy returning officer in each polling division in the electoral district to be appointed from lists supplied by the registered party whose candidate finished first in the electoral district in the last election. Appointment of poll clerks (2) As soon as convenient after the issue of the writ for a referendum, a returning officer shall, by writing in the prescribed form executed under his hand, appoint one poll clerk in each polling division in the electoral district to be appointed from lists supplied by the registered party whose candidate finished second in the electoral district in the last election. (3) to (5) [Repealed, 1996, c. 35, s. 89] 1992, c. 30, s. 9.1; 1996, c. 35, s. 89
Referendum Act — R-4.7 10
Lists made available 10 (1) On a request made before Friday, the tenth day before polling day, by an agent designated in writing for an electoral district by the leader of a registered referendum committee, a federal party or a provincial party, the returning officer for the electoral district shall (a) before Monday, the seventh day before polling day, furnish the agent with one copy of the certified preliminary list of electors for any polling division in the electoral district specified by the agent; and (b) before polling day, furnish the agent with one copy of any amendments to the certified preliminary list of electors and one copy of the lists of electors who have voted in that polling division before polling day. Misuse prohibited (2) No person shall, for any purpose not related to the conduct of the referendum or an election, copy or use a list or any part of a list furnished to an agent under this section.
Referendum Act — R-4.7 11
Appointment of agents 11 (1) The agent of each registered referendum committee designated pursuant to subsection 10(1) may appoint in writing one agent of the committee to be present when voting is taking place at each polling station in the electoral districts in which it indicated, in its application for registration under section 13, it intends to support or oppose the referendum question. Appointment of witnesses (2) In the absence at a polling station in an electoral district of an agent of at least one of the registered referendum committees that support the referendum question or an agent of at least one of those committees that oppose the question or if there is no registered referendum committee that supports or opposes the question in that district, the returning officer for the district shall, as far as possible, appoint a person who supports or opposes the question, as the case may be, to act as a witness at that polling station when voting is taking place. Rights and obligations (3) Each agent of a registered referendum committee, and each witness, appointed for a polling station in an electoral district has, for the purposes of proceedings at the polling station, all the rights and obligations under the Canada Elections Act of a candidate’s agent for that polling station.
Referendum Act — R-4.7 12
Appointments in writing and on oath 12 Every person appointed pursuant to section 11 shall be appointed in writing and shall take such oath of office as the Chief Electoral Officer may specify. 1992, c. 30, s. 12; 1996, c. 35, s. 90
Referendum Act — R-4.7 14
Restriction on contributions 14 No registered referendum committee shall accept contributions from (a) an individual who is not a Canadian citizen or a permanent resident; (b) a corporation that does not carry on business in Canada; (c) a trade union that does not hold bargaining rights for employees in Canada; or (d) a foreign government or an agent thereof.
Referendum Act — R-4.7 15
Limit on referendum expenses 15 (1) No person or group, other than a registered referendum committee, shall incur referendum expenses during a referendum period that, in the aggregate, exceed five thousand dollars. Idem (2) No registered referendum committee shall incur referendum expenses during a referendum period that, in the aggregate, exceed the product obtained by multiplying the number referred to in subsection (3) by the number of names appearing on all preliminary lists of electors at the referendum for the electoral districts in which the committee indicated, in its application for registration under section 13, it intends to support or oppose the referendum question. Escalator (3) For the purposes of subsection (2), the number (a) for the year commencing on April 1, 1992, is 56.4 cents; and (b) for the year commencing on any subsequent April 1 is the product obtained by multiplying 30 cents by the fraction published pursuant to subsection 39(2) of the Canada Elections Act for that year. Records (4) Every registered referendum committee shall keep such record of the referendum expenses and contributions of the committee as the Chief Electoral Officer may prescribe. Bank accounts (5) Every registered referendum committee shall, with any of the following financial institutions, keep such accounts and make such deposits therein and payments therefrom as the Chief Electoral Officer may prescribe: (a) a member of the Canadian Payments Association; and (b) any local cooperative credit society that is a member of a central cooperative credit society having membership in the Canadian Payments Association.
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Payment out of contributions 16 (1) A registered referendum committee that incurs referendum expenses during the referendum period shall pay the expenses out of contributions received by it during or after that period, except that it shall not knowingly pay them out of contributions accepted contrary to subsection (4). Use of borrowed money (2) Money provided to a registered referendum committee in the manner and under the conditions described in paragraph (a) of the definition contribution in subsection 2(1) may be used to pay referendum expenses incurred by the committee during the referendum period. Repayment of borrowed money (3) Before the chief agent of a registered referendum committee files the referendum finances return with the Chief Electoral Officer, the committee shall repay any money provided and used as described in subsection (2) and pay any interest thereon or other charges or costs of obtaining it out of contributions received by the committee during or after the referendum period. No contributions after return filed (4) No person shall accept a contribution on behalf of a registered referendum committee after the chief agent of the committee has filed the referendum finances return. Repayment of contribution (5) Any person who accepts a contribution contrary to subsection (4) shall return the amount of the contribution to the contributor or, if that is not possible, shall pay that amount to Her Majesty in right of Canada. Idem (6) Where the aggregate of all contributions received by a registered referendum committee exceeds the aggregate of all referendum expenses and other expenses incurred by the committee before the chief agent of the committee files the referendum finances return with the Chief Electoral Officer, the committee shall return the amount of the excess to the contributors in proportion to their contributions or, to the extent that a return is not possible, shall pay to Her Majesty in right of Canada an amount equal to the amount of the excess that is not returnable. Debt due to Her Majesty (7) Any amount not paid as required by subsection (5) or (6) is a debt due to Her Majesty in right of Canada and is recoverable as such in any court of competent jurisdiction.
Referendum Act — R-4.7 17
Registry of chief agents 17 The Chief Electoral Officer shall maintain a registry of chief agents of registered referendum committees in which shall be recorded the name, address and telephone number of the chief agent of each such committee.
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Appointment of chief agent and auditor 18 (1) Every referendum committee that intends to apply for registration under section 13 shall, before applying, appoint a chief agent and an auditor. Appointment of new chief agent (2) Where the position of chief agent of a registered referendum committee or of a referendum committee that has applied for registration becomes vacant or the chief agent is unable to perform the duties of chief agent, the committee shall forthwith appoint a new chief agent and file with the Chief Electoral Officer a notice in writing, signed by the leader of the committee, of the name, address and telephone number of the new chief agent and a statement, signed by the new chief agent, that the signer has accepted the appointment as chief agent of the committee. Appointment of new auditor (3) Where the position of auditor of a registered referendum committee or of a referendum committee that has applied for registration becomes vacant or the auditor ceases to be qualified as an auditor or becomes ineligible to act as an auditor before having complied with this Act in respect of any referendum finances return of the committee, the committee shall forthwith appoint a new auditor and file with the Chief Electoral Officer a notice in writing, signed by the leader of the committee, of the name, address and telephone number of the new auditor and a statement, signed by the new auditor, that the signer has accepted the appointment as auditor of the committee. Election officers ineligible (4) No returning officer or assistant returning officer, or the partner or employee of any of them, shall act as chief agent or auditor of any registered referendum committee.