Endorsation by clerk
40. (1) Where a nomination paper is filed in the office of a clerk, the clerk or the clerk’s assistant returning officer shall endorse upon it the date and time of its filing. Certificate of clerk (2) Where a nomination paper is filed in the office of a clerk prior to nomination day, the paper shall be examined by the clerk and, if satisfied that the requisite number of the nominators whose signatures appear on the nomination paper are electors entitled to vote for the office, the clerk shall so certify in writing. Posting (3) When the nomination papers have been certified, the clerk shall cause the name, mailing address and qualifying address of each candidate nominated and office for which the candidate is nominated, (a) to be posted in the office of the clerk or in a conspicuous place open to inspection by the public; and (b) if Part III applies to the election of the members to the office, to be sent to the Commission. Definition (4) In this section, “qualifying address” means the address which qualifies the candidate to be an elector under clause 13(1)(a) or 14(1)(a). Where filed on nomination day (5) Where a nomination paper is filed in the office of a clerk on nomination day, (a) the clerk shall accept the nomination paper and cause the name of the person nominated to be posted up in accordance with subsection (3); (b) the clerk shall examine the nomination paper before 4 p.m. on the first day following nomination day that is not a Saturday or a holiday and if it appears to the clerk that the requisite number of nominators whose signatures appear on the nomination paper are not electors entitled to vote for the office, the clerk shall reject the nomination and give notice of the rejection immediately by registered mail to the person nominated and all candidates for that office, but if the clerk is satisfied that the nominators meet such requirements, he or she shall so certify in writing. Where number of candidates nominated insufficient (6) Where, at 5 o’clock in the afternoon of the first day following nomination day that is not a Saturday or a holiday, the number of candidates who have been nominated for an office and have not withdrawn under subsection 42(1) is not sufficient to fill the number of vacancies to which candidates may be elected, subsection 43(1) respecting acclamation applies to those candidates, but additional nominations for the remaining vacancies in the office in respect of which there was an insufficient number of candidates may be filed in the office of the clerk on the Wednesday following nomination day between the hours of 9 o’clock in the forenoon and 5 o’clock in the afternoon and the provisions of subsection (5) of this section and subsection 42(1) apply with necessary modifications. Certification by clerk (7) Certification by the clerk in accordance with subsection (2) or (5) with respect to a nomination paper shall be conclusive evidence of the facts certified and shall not be open to challenge thereafter. List of candidates (8) The clerk shall establish and maintain in his or her office a list setting out the name, mailing address and qualifying address of every candidate whose nomination has been certified under this section for the respective offices for which persons may be nominated in the order of certification and copies of this list shall be prominently displayed in one or more locations. Completion of list (9) The list under subsection (8) shall be completed no later than 4 p.m. on the first day following nomination day that is not a Saturday or a holiday but, where the clerk has received additional nominations under subsection (6), a list showing the names of the additional candidates nominated shall be completed and posted by the clerk no later than 4 p.m. on the Thursday following nomination day. R.S.O. 1990, c.M.53, s.40. Death of a Candidate