GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 290
Sending ballot boxes and statement to returning officer 290 (1) The deputy returning officer for a polling station or an advance poll shall, without delay after sealing the ballot box, send the box, with the envelope that contains the original statement of the vote and the envelope that contains the registration certificate, to the returning officer. Collection of ballot boxes (2) A returning officer may appoint persons to collect ballot boxes together with the envelopes referred to in subsection (1) from polling stations, and any person so appointed shall take the prescribed oath when he or she sends those materials to the returning officer.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 291
Provision of statements to agents 291 A returning officer shall, on request, provide each agent referred to in subsection 10(1) of the Referendum Act one copy of each statement of the vote in the electoral district.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 292
Safekeeping of ballot boxes 292 A returning officer, on the receipt of each ballot box, shall (a) take every precaution to prevent any other person, except the assistant returning officer, from having access to it; and (b) examine and record the condition of the seals affixed to it and, if necessary, affix new seals.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 293
Validation of results 293 (1) After a returning officer receives all of the ballot boxes, he or she shall, at his or her office, in the presence of the assistant returning officer at the time indicated in paragraph 62(c), validate the results of the vote from the original statements of the vote and the information communicated under section 280. Adjournment if ballot boxes or information not received (2) If, on the day fixed for the validation of the results as described in paragraph 62(c), a returning officer has not received all the ballot boxes or the information required by section 280, the returning officer shall adjourn the proceedings for not more than seven days. Further adjournment (3) If, on the day fixed for the proceedings by virtue of an adjournment under subsection (2), the returning officer has not, for any reason, received the ballot boxes or information referred to in that subsection, the returning officer may make further adjournments. The further adjournments may not exceed a total of two weeks.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 294
Witnesses at validation 294 Agents of registered referendum committees may attend the validation of the results, but if none of them is present, the returning officer shall ensure the presence of at least two electors until the validation is completed.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 295
Opening ballot box in certain cases 295 (1) If the original statement of the vote is missing, appears to contain an error, to be incomplete or to have been altered, or is disputed by an agent of a registered referendum committee, the returning officer may open the ballot box and the envelope that contains the copy of the statement of the vote or, if that copy is missing, the large envelope. Information on envelopes containing ballots (2) If a copy of the statement of the vote is not found or is not useful for the purpose of validating the results, the returning officer may use the information that is written on the envelopes that contain the ballots for that purpose. Limitation (3) The returning officer shall not open an envelope that appears to contain ballots. Resealing of loose papers (4) If the returning officer opens the large envelope, he or she shall place its contents into another envelope, seal that envelope and initial the seal.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 296
Loss or destruction of ballot boxes 296 (1) If a ballot box has been destroyed or is missing, the returning officer shall ascertain the cause of the destruction or loss and shall complete the validation of the results from the original copy of the statement of the vote in the same manner as if he or she had received the ballot box. Power to summon and examine (2) If the returning officer is unable to obtain either the original statement of the vote or the ballot box, he or she (a) shall ascertain, by any evidence that he or she is able to obtain, the total number of votes cast for each answer to a referendum question at the polling stations; (b) for ascertaining the total number of votes under paragraph (a), may summon any deputy returning officer, poll clerk or other person to appear before him or her at a fixed date and time and to bring with them all necessary documents; and (c) may examine on oath the deputy returning officer, poll clerk or other person respecting the matter in question. Notice to agents (3) If paragraph (2)(b) applies, the returning officer shall give notice to the agents of registered referendum committees referred to in subsection 10(1) of the Referendum Act for that electoral district of the date and time fixed for the appearance. Obligation to comply with summons (4) Every person to whom a summons is directed under paragraph (2)(b) shall obey it.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 297
Certificate of votes cast 297 Without delay after the validation of the results, the returning officer shall prepare a certificate in the prescribed form that sets out the number of votes cast for each answer to a referendum question, and shall deliver the original of the certificate to the Chief Electoral Officer and a copy of it to each agent that made a request pursuant to subsection 10(1) of the Referendum Act . In the case described in section 296, the certificate shall indicate the number of votes that have been ascertained to have been cast for each answer to a referendum question.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 298
Ballot boxes 298 After the close of a referendum, each returning officer shall dispose of the ballot boxes as instructed by the Chief Electoral Officer.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 299
Definition of judge 299 (1) In this Part, judge means a judge who sits in the electoral district where the results are validated. Powers of judge (2) A judge who is authorized by subsections 300(4), 301(4) to (6), sections 302, 304 to 306, and 308 of this Act, and sections 29 and 30 of the Referendum Act to act may act, to the extent authorized, within or outside his or her judicial district.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 300
300 (1) Not applicable. (2) Not applicable. (3) Not applicable. Documents to be supplied (4) The returning officer shall attend the recount and shall bring all relevant referendum materials including (a) the ballot boxes; (b) the statements of the vote used to validate the results; and (c) all ballots cast and statements of the vote made in accordance with Part 11.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 301
301 (1) Not applicable. (2) Not applicable. (3) Not applicable. Date for recount and summons (4) Where an application for recount is made under subsections 29(1) or (2) of the Referendum Act , and the judge orders a recount, the judge shall summon the returning officer to attend and to bring the relevant ballot boxes and statements of the vote together with the ballots that were counted, and the statements that were completed, under Part 11. Notice to applicants (5) The judge shall notify each person who made an application pursuant to subsection (4) in writing of the time and place fixed for the recount. The judge may decide that service of the notice will be substitutional, by mail or posting or in any other manner. Returning officer required to attend (6) A returning officer to whom a summons is directed under subsection (4) shall obey it and shall be present throughout the recount.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 302
More than one application 302 If a judge receives more than one application for a recount for more than one electoral district, the recounts shall be conducted in the order in which the judge receives the applications.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 304
Recount procedure 304 (1) The judge shall conduct the recount by adding the number of votes reported in the statements of the vote or by counting the valid ballots or all of the ballots returned by the deputy returning officers or the Chief Electoral Officer. Documents that may be examined (2) If a recount of all of the ballots returned is required, the judge may open the sealed envelopes that contain the used and counted, unused, rejected and spoiled ballots. The judge shall not open any envelopes that appear to contain other documents or refer to any other referendum documents. Steps to be taken by judge (3) At a recount, the judge shall (a) count the ballots in the manner prescribed for a deputy returning officer or a special ballot officer; (b) verify or correct, if necessary, each statement of the vote; and (c) review the decision of the returning officer with respect to the number of votes cast for each answer to a referendum question, in the case of a missing or destroyed ballot box or statement of the vote. Powers of judge (4) For the purpose of arriving at the facts with respect to a missing ballot box or statement of the vote, the judge has all the powers of a returning officer with regard to the attendance and examination of witnesses who, in case of non-attendance, are subject to the same consequences as in the case of refusal or neglect to attend on the summons of a returning officer. Additional powers of judge (5) For the purpose of conducting a recount, a judge has the power to summon any deputy returning officer or poll clerk as a witness and to require him or her to give evidence on oath and, for that purpose, has the same power that is vested in any court of record. Clerical assistants (6) Subject to the approval of the Chief Electoral Officer, a judge may retain the services of support staff to assist in the performance of his or her duties under this Part.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 305
Proceedings to be continuous 305 The judge shall, as far as practicable, proceed continuously with a recount, except for necessary breaks and, unless the judge orders otherwise, between 6:00 p.m. and 9:00 a.m.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 306
Security of documents 306 (1) During a break described in section 305, the judge or any other person who has possession of ballots and other referendum documents shall keep them sealed in parcels, and the seal shall be signed by the judge and may be signed by any other person in attendance. Supervision of sealing (2) The judge shall personally supervise the parcelling and sealing of ballots and documents at a recount and take all necessary precautions for their security.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 308
Procedure at conclusion of recount 308 At the conclusion of a recount, the judge shall (a) seal the ballots in a separate envelope for each polling station and without delay prepare a certificate in the prescribed form that sets out the number of votes cast for each answer to a referendum question; and (b) deliver the original of the certificate to the returning officer and a copy of it to each agent who made a request pursuant to subsection 10(1) of the Referendum Act .
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 311
Failure of judge to act 311 (1) If a judge does not comply with the provisions of subsections 300(4), 301(4) to (6), sections 302, 304 to 306, and 308 of this Act, and sections 29 and 30 of the Referendum Act , an aggrieved party may, within eight days after the failure to comply, make application for an order under subsection (3) (a) in the Province of Ontario, to a judge of the Superior Court of Justice; (b) in the Province of Quebec, New Brunswick or Alberta, Yukon, the Northwest Territories or Nunavut, to a judge of the Court of Appeal of the Province or Territory; (c) in the Province of Nova Scotia or British Columbia, to a judge of the Supreme Court of the Province; (d) in the Province of Manitoba or Saskatchewan, to a judge of the Court of Queen’s Bench for the Province; and (e) in the Province of Prince Edward Island or Newfoundland, to a judge of the trial division of the Supreme Court of the Province. Application on affidavit (2) An application under subsection (1) may be made on affidavit, which need not be entitled in any matter or cause, that sets out the facts relating to the failure to comply. Order of judge (3) The judge to whom an application is made under subsection (1) shall, if it appears that there was a failure to comply, make an order (a) fixing the time, within the following eight days, and place to hear the application; (b) directing the attendance of all parties interested at that time and place; and (c) giving directions for the service of the order, and of any affidavit on which it was granted, on the judge alleged to have failed to comply and on any other interested party. Affidavits may be filed in reply (4) The judge complained of and any interested party may file in the office of the clerk, registrar or prothonotary of the court of the judge to whom the application is made affidavits in reply to those filed by the applicant and shall provide the applicant with copies of them on demand.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 312
Order of court after hearing 312 (1) After hearing the judge complained of and any other parties, the judge to whom the application was made or another judge of the same court (a) shall make an order dismissing the application or ordering the judge in default to comply with the requirements of this Act and the Referendum Act in respect of the recount; (b) not applicable. Judge to obey order (2) A judge found to be in default shall without delay comply with an order made under subsection (1). (3) Not applicable.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 313
Referendum return 313 (1) The returning officer, without delay after the 10th day that follows the completion of the validation of results or, if there is a recount, without delay after receiving the certificate referred to in section 308, shall declare which answer to a referendum question obtained the largest number of votes by completing the return of the writ in the prescribed form on the back of the writ. Equality of votes (2) If there is an equality of votes between each answer to a referendum question, the returning officer shall indicate that on the return of the writ.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 314
Sending of documents 314 (1) On completing the return of the writ, the returning officer shall without delay send to the Chief Electoral Officer all referendum documents in his or her possession together with (a) a report of the returning officer’s proceedings in the prescribed form including his or her comments with respect to the state of the referendum documents received from the deputy returning officers; (b) a summary, in the prescribed form, of the number of votes cast for each answer to a referendum question at each polling station; and (c) all other documents that were used at the referendum. Report re disappearance of ballot box, etc. (2) In any case arising under section 296, the returning officer shall mention specially in the report the circumstances accompanying the disappearance of the ballot boxes or the lack of any statement of the vote, and the mode by which the returning officer ascertained the number of votes cast for each answer to a referendum question.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 315
315 (1) Not applicable. Premature return (2) A premature return of the writ is deemed not to have reached the Chief Electoral Officer until it should have reached the Chief Electoral Officer in due course. Correction of writ (3) The Chief Electoral Officer shall, if necessary, send back the return of the writ and any or all of the related referendum documents to the returning officer for completion or correction.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 316
Where report made before recount 316 (1) Where, at the time of the issue of an order under section 311 or 312, the returning officer for the electoral district in respect of which the order is made has made a return of the writ under section 314, the Chief Electoral Officer shall, on being provided with a certified copy of the order, send back to the returning officer all referendum documents required for use at the recount. Duties of returning officer on recount (2) On receiving a judge’s certificate with respect to the result of a recount, the returning officer shall (a) if the result of the recount does not confirm the original return of the writ, make a substitute return of the writ; or (b) if the result of the recount is to confirm the return, send the papers back to the Chief Electoral Officer without delay and not make a substitute return of the writ. Effect of substitute return (3) A substitute return made under paragraph (2)(a) has the effect of cancelling the original return.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 319
Definitions 319 The definitions in this section apply in this Part. referendum advertising means the transmission to the public by any means during a referendum period of an advertising message that supports or opposes an answer to a referendum question. For greater certainty, it does not include (a) the transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news; (b) the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be a referendum; (c) the transmission of a document directly by a person or a group to their members, employees or shareholders, as the case may be; or (d) the transmission by an individual, on a non-commercial basis on what is commonly known as the Internet, of his or her personal political views. ( publicité référendaire ) referendum survey means an opinion survey of how electors voted or will vote at a referendum. ( sondage référendaire )
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — (a)
referendum advertising means the transmission to the public by any means during a referendum period of an advertising message that supports or opposes an answer to a referendum question. For greater certainty, it does not include (a) the transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news; (b) the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be a referendum; (c) the transmission of a document directly by a person or a group to their members, employees or shareholders, as the case may be; or (d) the transmission by an individual, on a non-commercial basis on what is commonly known as the Internet, of his or her personal political views. ( publicité référendaire )
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — Regulation Adapting the Canada Elections Act for the Purposes of a Referendum
referendum survey means an opinion survey of how electors voted or will vote at a referendum. ( sondage référendaire )
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 322
Referendum advertising posters 322 (1) No landlord or person acting on their behalf may prohibit a tenant from displaying referendum advertising posters on the premises to which the lease relates and no condominium corporation or any of its agents may prohibit the owner of a condominium unit from displaying referendum advertising posters on the premises of his or her unit. Permitted restrictions (2) Despite subsection (1), a landlord, person, condominium corporation or agent referred to in that subsection may set reasonable conditions relating to the size or type of referendum advertising posters that may be displayed on the premises and may prohibit the display of referendum advertising posters in common areas of the building in which the premises are found.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 325
Prohibition — prevention or impairment of transmission 325 (1) No person shall prevent or impair the transmission to the public of a referendum advertising message without the consent of a person with authority to authorize its transmission. Exception (2) Subsection (1) does not apply with respect to (a) the prevention or impairment, by a public authority, of an unlawful transmission if reasonable notice has first been given to the person who authorized the transmission; or (b) the removal by an employee of a public authority of a sign, poster or banner where the posting of it is a hazard to public safety.