GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 257
Declaration of elector 257 (1) Before delivering a special ballot to an elector, the deputy returning officer for a correctional institution shall require the elector to complete an application for registration and special ballot, if the elector has not already done so, and to make and sign the declaration on the outer envelope. Giving special ballot to elector (2) After the elector has signed the declaration on the outer envelope, the deputy returning officer shall (a) sign the outer envelope; and (b) give the elector a special ballot, an inner envelope and the outer envelope.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 258
Voting by special ballot 258 (1) The elector shall vote by marking a cross or other mark in the circular space provided opposite the word “yes” or “no” on the special ballot, folding the special ballot and, in the presence of the deputy returning officer, (a) placing the ballot in the inner envelope and sealing the envelope; and (b) placing the inner envelope in the outer envelope and sealing the outer envelope. (2) Not applicable. Spoiled special ballot (3) If an elector has inadvertently handled a special ballot in such a manner that it cannot be used, the elector shall return it to the deputy returning officer who shall mark it as a spoiled ballot and give the elector another special ballot. Limit (4) An elector shall not be given more than one special ballot under subsection (3).
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 259
Assistance 259 (1) If an elector is unable to read or because of a physical disability is unable to vote under this Division, the deputy returning officer shall assist the elector by (a) completing the declaration on the outer envelope and writing the elector’s name where his or her signature is to be written; and (b) marking the special ballot as directed by the elector in his or her presence and in the presence of the poll clerk. Note on outer envelope (2) The deputy returning officer and the poll clerk shall sign a note on the outer envelope indicating that the elector was assisted.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 260
Delivery of documents after the vote 260 Without delay after the votes have been cast at a correctional institution, the deputy returning officer shall deliver to the liaison officer for the institution (a) the outer envelopes that contain the marked special ballots; (b) any unused or spoiled outer envelopes; (c) any unused or spoiled special ballots and unused inner envelopes; and (d) the applications for registration and special ballot.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 261
Deadline for return of referendum material 261 Every liaison officer shall ensure that the referendum material referred to in section 260 is received by the special voting rules administrator in Ottawa no later than 6:00 p.m. on polling day.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 262
Integration into final list of electors 262 The applications for registration and special ballot shall be integrated into the final list of electors referred to in section 109.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 263
Application 263 This Division applies to the counting of all special ballots cast in accordance with this Part, except those referred to in Division 7.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 264
Administration 264 (1) The counting of the special ballots shall be conducted by special ballot officers under the supervision of the special voting rules administrator. Special ballot officers (2) Special ballot officers shall work in pairs of persons representing different registered parties.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 265
Directives 265 The Chief Electoral Officer shall prescribe security instructions for the safekeeping of special ballots, inner envelopes, outer envelopes and all other referendum documents, and instructions for the receiving, sorting and counting of special ballots.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 266
Counting of votes 266 The counting of votes shall commence on a date to be fixed by the Chief Electoral Officer or, if no date is fixed, on Wednesday, the 5th day before polling day.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 267
Setting aside of outer envelope 267 (1) The special ballot officers shall set aside an outer envelope unopened when they ascertain on its examination that (a) the information concerning the elector, as described on the outer envelope, does not correspond with the information on the application for registration and special ballot; (b) the envelope, other than an envelope in respect of an elector who has taken a vote under section 216, 243 or 259, does not bear the signature of an elector; (c) the correct electoral district of the elector whose ballot is contained in the outer envelope cannot be ascertained; or (d) the outer envelope has been received in Ottawa by the special voting rules administrator after 6:00 p.m. on polling day; (e) not applicable. Procedure when elector votes more than once (2) If, after receiving but before counting the outer envelopes, the special ballot officers ascertain that an elector has voted more than once, they shall lay the outer envelopes that relate to the elector aside unopened. Disposition of outer envelopes that are laid aside (3) When an outer envelope is laid aside unopened as described in subsection (1) or (2), (a) the outer envelope shall be endorsed by the special voting rules administrator with the reason why it has been laid aside; (b) at least two special ballot officers shall initial the endorsement; and (c) in the case of an outer envelope laid aside under subsection (1), the ballot contained in it is deemed to be a spoiled ballot. Special report (4) The special voting rules administrator shall prepare a report in respect of the number of outer envelopes that are laid aside under this Division.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 268
Duties of special ballot officers 268 Each pair of special ballot officers shall count the votes for only one electoral district or part of an electoral district at a time.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 269
Rejection of ballots 269 (1) Each pair of special ballot officers shall, on examining a special ballot, reject it if (a) it has not been supplied by the Chief Electoral Officer; (b) it is not marked; (c) not applicable; (d) it is marked in favour of more than one answer to a referendum question; or (e) there is any writing or mark on it by which the elector could be identified. (2) Not applicable. Disputed ballots (3) If a dispute arises as to the validity of a special ballot, it shall be referred to the special voting rules administrator, whose decision is final. Note of dispute (4) The number of disputed special ballots and the name of the electoral district in which they were cast are to be noted by the special ballot officers.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 270
Statements of the vote 270 (1) Each pair of special ballot officers shall prepare a statement of the vote in the prescribed form and deliver it to the special voting rules administrator. Safekeeping (2) The special voting rules administrator shall keep the statements of the vote in safe custody until the day after the communication of the results under section 280. Copy to special ballot officer (3) On request, after the day that the results are communicated, a special ballot officer may be given a copy of the statement of the vote that he or she prepared.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 271
Chief Electoral Officer to be informed of results of vote 271 Without delay after the counting of the votes for every electoral district has been completed, the special voting rules administrator shall inform the Chief Electoral Officer of (a) the number of votes counted for each answer to a referendum question for every electoral district; (b) the total number of votes counted for each electoral district; and (c) the number of rejected ballots for each electoral district.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 272
Sending of material to Chief Electoral Officer 272 As soon as practicable after the counting of the votes for every electoral district has been completed, the special voting rules administrator shall send to the Chief Electoral Officer, in separate envelopes, (a) the lists of electors; (b) all other documents and referendum materials received from commanding officers, deputy returning officers and special ballot officers; (c) the oaths of office; and (d) the complete files of correspondence, reports and records in his or her possession.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 273
Appointment of deputy returning officer and poll clerk 273 (1) The returning officer shall appoint a deputy returning officer and poll clerk to verify the outer envelopes and to count the special ballots issued to electors in his or her electoral district and received in his or her office. More than one deputy returning officer and poll clerk may be appointed if the number of votes warrants it. Assignment of duties (2) The returning officer shall assign duties so that a deputy returning officer chosen from among the persons recommended by the registered party whose candidate finished first in the last election in the electoral district works with a poll clerk chosen from among the persons recommended by the registered party whose candidate finished second in that election in that electoral district. Merger of parties (3) For the purpose of subsection (2), 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 one or more parties that were registered parties at the last 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 last election. Notification of persons appointed (4) The returning officer shall, as soon as possible, notify the agents of registered referendum committees referred to in subsection 10(1) of the Referendum Act of the name and address of the persons appointed as the deputy returning officer and the poll clerk.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 274
Who may be present at counting 274 An agent of a registered referendum committee or witness may be present for the verification of the outer envelopes and the counting of ballots received at the office of the returning officer.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 275
Ballots to be kept sealed 275 (1) The returning officer shall ensure that the ballots received at his or her office are kept sealed until they are given to the deputy returning officer. Return outer envelopes (2) All outer envelopes received after the prescribed deadline shall be kept separate and sealed and shall be initialled by the returning officer and marked with the date and time of their receipt.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 276
Verification of envelopes 276 (1) A deputy returning officer and a poll clerk shall verify the outer envelopes, at the time fixed by the Chief Electoral Officer and in accordance with his or her instructions, by determining from the information on the outer envelope whether the elector is entitled to vote in the electoral district. Notice (2) The returning officer shall notify the agents of registered referendum committees referred to in subsection 10(1) of the Referendum Act of the time and place of the verification. Provision of materials to deputy returning officer (3) The deputy returning officer shall be provided with the applications for registration and special ballot received before the deadline, along with any other materials that may be required.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 277
Setting aside of outer envelope 277 (1) The deputy returning officer shall set aside an outer envelope unopened when he or she ascertains on its examination that (a) the information concerning the elector, as described on the outer envelope, does not correspond with the information on the application for registration and special ballot; (b) the outer envelope, other than an outer envelope in respect of an elector who has taken a vote under section 243 or 243.1, does not bear the signature of an elector; (c) more than one ballot has been issued to an elector; or (d) the outer envelope was received after the prescribed deadline. Registering objections (2) When the outer envelopes are verified, the poll clerk shall register any objection to an elector’s right to vote in the electoral district in the prescribed form. Noting of reasons for setting aside (3) When an outer envelope is set aside unopened as described in subsection (1), the deputy returning officer shall note on it the reasons for the rejection. The deputy returning officer and the poll clerk shall initial the envelope.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 278
Counting of outer envelopes 278 (1) The deputy returning officer and the poll clerk shall count all valid outer envelopes. Inner envelopes (2) The deputy returning officer and the poll clerk shall open the outer envelopes and put all the inner envelopes in a ballot box provided by the returning officer. Counting the votes (3) After the close of the polling stations, the deputy returning officer shall open the ballot box and he or she together with the poll clerk shall open the inner envelopes and count the votes.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 279
Rejection of ballots 279 (1) The deputy returning officer shall, in counting the ballots, reject a ballot if (a) it has not been supplied for the referendum; (b) it is not marked; (c) not applicable; (d) it is marked in favour of more than one answer to a referendum question; or (e) there is any writing or mark on it by which the elector could be identified. (2) Not applicable. (3) Not applicable.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 280
Communication of results 280 (1) The Chief Electoral Officer shall, without delay after the closing of the polling stations at a referendum, inform each returning officer of the results of the count under Division 6 for the returning officer’s electoral district, giving the number of votes cast for each answer to a referendum question and the number of rejected ballots. Release of information (2) When the returning officer receives information from the Chief Electoral Officer respecting the results of the count under Division 6, the returning officer shall add those results to the results of the count under Division 7 and release all of them as being the results of the vote under the Special Voting Rules.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 281
Prohibitions — inside or outside Canada 281 No person shall, inside or outside Canada, (a) wilfully disclose information as to how a special ballot has been marked by an elector; (b) wilfully interfere with, or attempt to interfere with, an elector when marking a special ballot, or otherwise attempt to obtain any information as to the answer to a referendum question for which any elector is about to vote or has voted; (c) knowingly make a false statement in an application for registration and special ballot; (d) knowingly apply for a special ballot to which that person is not entitled; (e) knowingly make a false statement in a declaration signed by him or her before a deputy returning officer; (f) knowingly make a false declaration in the statement of ordinary residence completed by him or her; (g) wilfully prevent or endeavour to prevent an elector from voting at a referendum; or (h) wilfully at the counting of the votes, attempt to obtain information or communicate information obtained at the counting as to the answer to a referendum question for which a vote is given in a particular special ballot.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 282
Prohibitions — outside Canada 282 No person shall, outside Canada, (a) by intimidation or duress, compel a person to vote or refrain from voting or vote or refrain from voting for a particular answer to a referendum question under this Part; or (b) by any pretence or contrivance, including by representing that the ballot or the manner of voting at a referendum is not secret, induce a person to vote or refrain from voting or vote or refrain from voting for a particular answer to a referendum question under this Part.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 283
Counting the votes 283 (1) Immediately after the close of a polling station, the deputy returning officer shall count the votes in the presence of the poll clerk and any agents of registered referendum committees or witnesses who are present or, if no agents or witnesses are present, in the presence of at least two electors. Tally sheets (2) The deputy returning officer shall supply the poll clerk and all the persons referred to in subsection (1) who are present and who so request with a tally sheet to keep their own score of the voting. Steps to follow (3) The deputy returning officer shall, in the following order, (a) count the number of electors who voted at the polling station, make an entry at the end of the list of electors that states “The number of electors who voted at this referendum in this polling station is ( stating the number )”, sign the list, and place the list in the envelope supplied for the purpose; (b) count the spoiled ballots, place them in the envelope supplied for the purpose, indicate on the envelope the number of spoiled ballots, and seal it; (c) count the unused ballots that are not detached from the books of ballots, place them with the stubs of the used ballots in the envelope supplied for the purpose, indicate on the envelope the number of unused ballots, and seal it; (d) total the numbers arrived at in paragraphs (a) to (c) in order to ascertain that all ballots that were provided by the returning officer are accounted for; (e) open the ballot box and empty its contents onto a table; and (f) examine each ballot, show the ballot to each person who is present, and ask the poll clerk to make a note on the tally sheet beside the answer to a referendum question for which the vote was cast for the purpose of arriving at the total number of votes cast for each answer to a referendum question.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 284
Rejection of ballots 284 (1) In examining the ballots, the deputy returning officer shall reject one (a) that has not been supplied by him or her; (b) that has not been marked in a circle opposite a referendum question; (c) not applicable; (d) that has been marked in more than one circle opposite a referendum question; or (e) on which there is any writing or mark by which the elector could be identified. Limitation (2) No ballot shall be rejected by reason only that the deputy returning officer placed on it any writing, number or mark, or failed to remove the counterfoil. Counterfoils remaining attached (3) When a ballot is found with the counterfoil attached, the deputy returning officer shall, while concealing the number on it from all persons present and without examining it, remove and destroy the counterfoil.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 285
Ballots not initialled by deputy returning officer 285 If the deputy returning officer determines that he or she has failed to initial a ballot, the deputy returning officer shall, in the presence of the poll clerk and witnesses, initial and count the ballot if he or she is satisfied that (a) the ballot was supplied by him or her; and (b) all ballots that were provided by the returning officer have been accounted for, as described in paragraph 283(3)(d).
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 286
Objections to ballots 286 (1) The deputy returning officer shall keep a record, in the prescribed form, of every objection to a ballot made by an agent of a registered referendum committee or a witness, give a number to the objection, write that number on the ballot and initial it. Decision of deputy returning officer (2) The deputy returning officer shall decide every question that is raised by an objection described in subsection (1), and the decision is subject to reversal only on a recount.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 287
Statement of the vote 287 (1) The deputy returning officer shall prepare a statement of the vote, in the prescribed form, that sets out the number of votes in favour of each answer to a referendum question and the number of rejected ballots and place the original statement and a copy of it in the separate envelopes supplied for the purpose. Copies of the statement of the vote (2) The deputy returning officer shall give a copy of the statement of the vote to each of the agents of registered referendum committees and witnesses present at the count.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 288
Marked ballots 288 (1) The deputy returning officer shall place the ballots for each answer to a referendum question into separate envelopes, write on each envelope the number of votes cast for that answer, and seal it. The deputy returning officer and the poll clerk shall sign the seal on each envelope, and the witnesses may also sign them. Rejected ballots (2) The deputy returning officer shall place into separate envelopes the rejected ballots, the registration certificates and the list of electors, and shall seal the envelopes. Documents to be enclosed in a large envelope (3) The deputy returning officer shall seal in a large envelope supplied for the purpose (a) the envelopes that contain the marked ballots for each answer to a referendum question, any spoiled ballots, unused ballots or rejected ballots, and the official list of electors; and (b) any other referendum documents, except for the envelopes that contain the statements of the vote and the registration certificates. Documents to be placed in the ballot box (4) The large envelope described in subsection (3) and the envelope that contains the copy of the statement of the vote shall be placed in the ballot box. Sealing ballot box (5) The ballot box shall be sealed by the deputy returning officer with the seals provided by the Chief Electoral Officer.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 289
Counting of votes on polling day 289 (1) The deputy returning officer of an advance poll shall, at the close of the polling stations on polling day, attend with the poll clerk at the place mentioned in the notice of advance poll in subparagraph 172(a)(iii) to count the votes. Application of rules for counting votes (2) Subsections 283(1) and (2), paragraphs 283(3)(e) and (f) and sections 284 to 288 apply with any necessary modifications to the counting of the votes of an advance poll. Prohibition (3) No person shall make a count of the votes cast at an advance poll before the close of the polling stations on polling day.