Application for deletion of name
31. (1) At any time after the posting of the preliminary list of electors for a municipality and until the last day for filing applications for revision thereof, any person may file with the clerk an application, in the prescribed form, for deletion from the list of the name of a person who is not entitled as an elector to have his or her name entered thereon. Notice to person where name objected to (2) The clerk, upon receipt of an application under this section, shall forthwith cause to be served personally on or sent by registered mail to the person concerning whom the application is made at the address given in the preliminary list and at such other address, if any, as may be mentioned in the application a notice of hearing requiring such person to appear in person or by his or her representative on a day and at a time to be fixed in the notice. Copy of application to be served (3) A copy of the application shall accompany a notice served or sent under subsection (2). Notice to applicant (4) The clerk shall notify the applicant of the time and place of the hearing. Decision of clerk, etc. (5) On the day for the hearing fixed in a notice given under this section, the person filing the application may attend before the clerk or assistant revising officer to establish the validity of such application and the clerk or assistant revising officer, after reviewing an explanation of the facts alleged and after hearing what is alleged by the person concerning whom the application was made or by his or her representative, may delete the name from the preliminary list if the clerk is satisfied of the validity of the application. Where person objected to does not appear (6) Where a person concerning whom an application has been made under this section or his or her representative does not attend before the clerk or assistant revising officer on the day of hearing fixed in the notice and the clerk or assistant revising officer is satisfied that due notice of application has been given to the person or that the person could not be found and the registered notice could not be delivered, the clerk or assistant revising officer may delete the name of such person from the preliminary list of electors but shall not do so except upon evidence under oath which satisfies him or her that the name should not have been included in the list. Where name deleted from preliminary list (7) Where, under this section, for any reason the name of a person is deleted from a preliminary list of electors, the clerk shall forthwith cause to be served personally on or sent by mail to that person at the address given in the preliminary list a notice indicating the reasons for which the person’s name was deleted from the preliminary list and advising of the voting procedures under sections 36 and 61, but if the clerk is satisfied that the person cannot be found at the address in the preliminary list, or that the notice cannot be delivered to the person, no notice need be given. Special deletions (8) Subsections (2) to (7) do not apply to applications under subsection (1) to delete from the list a person’s own name or the name of a deceased person. Deletions (9) If the clerk receives an application to delete from the list a name of a person described in subsection (8) and the clerk is satisfied of the validity of the application, the clerk may delete the name. R.S.O. 1990, c.M.53, s.31.