Acts and Regulations

E-3 - Elections Act

Section 129
Disposition versions

Full text
Procedure for plebiscites
129(1)The Lieutenant-Governor in Council may, by proclamation issued not later than the date of an order in council commencing a general election, order the taking of a plebiscite for the purpose of submitting a question or questions to the electors of the Province at the same time as the general election.
129(2)The proclamation shall state fully the question to be submitted at the plebiscite in the same words and form as it will appear on the ballot paper.
129(3)A proclamation issued under this section shall be published in
(a) The Royal Gazette, and
(b) such newspapers as are prescribed in subsection 18(2).
129(4)Every person qualified to vote at the general election is qualified to vote upon any question submitted to the electors.
129(5)In an electoral district where a member is elected by acclamation the returning officer shall
(a) make his return of election as directed in section 56,
(b) issue a notice of taking of a poll in the form prescribed by regulation and publish the same in the same manner as a notice of grant of poll would have been required to be published under subsection 57(2), and
(c) proceed in all other respects to poll the votes of the electors upon any questions submitted to the electors in the same manner as if he had granted a poll under subsection 57(1).
129(6)A question shall be printed upon the ballot papers as indicated in the form prescribed by regulation and in each electoral district in which a poll has been granted shall be printed in like form following the names of the candidates.
129(7)The votes of electors in answer to a question shall be counted and reported as provided in sections 91.1 to 93 but the returning officer shall not vote in any event.
129(8)Where a ballot paper is incorrectly marked with respect to the candidates and one or more questions but correctly marked with respect to one or more other questions it shall be
(a) counted with respect to the questions for which it is correctly marked, and
(b) rejected with respect to the candidates and any questions for which it is incorrectly marked.
129(9)Where a ballot paper is incorrectly marked with respect to one or more questions but correctly marked with respect to
(a) the candidates, or
(b) the candidates and one or more questions,
it shall be
(c) counted with respect to the candidates and any questions for which it is correctly marked, and
(d) rejected with respect to the questions for which it is incorrectly marked.
129(10)Sections 94 to 94.3 do not apply to questions submitted to the electors.
129(11)The returning officer in each electoral district shall certify to the Chief Electoral Officer the total number of affirmative and negative votes given in answer to a question and the Chief Electoral Officer shall publish in The Royal Gazette a notice giving the number of such votes cast in each electoral district.
129(12)The Lieutenant-Governor in Council may make such regulations as he deems necessary for the purposes of this section.
1967, c.9, s.129; 1974, c.12 (Supp.), s.29; 1974, c.92 (Supp.), s.18; 1998, c.32, s.80; 2010, c.6, s.126
Procedure for plebiscites
129(1)The Lieutenant-Governor in Council may, by proclamation issued not later than the date of an order in council commencing a general election, order the taking of a plebiscite for the purpose of submitting a question or questions to the electors of the Province at the same time as the general election.
129(2)The proclamation shall state fully the question to be submitted at the plebiscite in the same words and form as it will appear on the ballot paper.
129(3)A proclamation issued under this section shall be published in
(a) The Royal Gazette, and
(b) such newspapers as are prescribed in subsection 18(2).
129(4)Every person qualified to vote at the general election is qualified to vote upon any question submitted to the electors.
129(5)In an electoral district where a member is elected by acclamation the returning officer shall
(a) make his return of election as directed in section 56,
(b) issue a notice of taking of a poll in the form prescribed by regulation and publish the same in the same manner as a notice of grant of poll would have been required to be published under subsection 57(2), and
(c) proceed in all other respects to poll the votes of the electors upon any questions submitted to the electors in the same manner as if he had granted a poll under subsection 57(1).
129(6)A question shall be printed upon the ballot papers as indicated in the form prescribed by regulation and in each electoral district in which a poll has been granted shall be printed in like form following the names of the candidates.
129(7)The votes of electors in answer to a question shall be counted and reported as provided in sections 91.1 to 93 but the returning officer shall not vote in any event.
129(8)Where a ballot paper is incorrectly marked with respect to the candidates and one or more questions but correctly marked with respect to one or more other questions it shall be
(a) counted with respect to the questions for which it is correctly marked, and
(b) rejected with respect to the candidates and any questions for which it is incorrectly marked.
129(9)Where a ballot paper is incorrectly marked with respect to one or more questions but correctly marked with respect to
(a) the candidates, or
(b) the candidates and one or more questions,
it shall be
(c) counted with respect to the candidates and any questions for which it is correctly marked, and
(d) rejected with respect to the questions for which it is incorrectly marked.
129(10)Sections 94 to 94.3 do not apply to questions submitted to the electors.
129(11)The returning officer in each electoral district shall certify to the Chief Electoral Officer the total number of affirmative and negative votes given in answer to a question and the Chief Electoral Officer shall publish in The Royal Gazette a notice giving the number of such votes cast in each electoral district.
129(12)The Lieutenant-Governor in Council may make such regulations as he deems necessary for the purposes of this section.
1967, c.9, s.129; 1974, c.12(Supp.), s.29; 1974, c.92(Supp.), s.18; 1998, c.32, s.80; 2010, c.6, s.126
Procedure for plebiscites
129(1)The Lieutenant-Governor in Council may, by proclamation issued not later than the date of an order in council commencing a general election, order the taking of a plebiscite for the purpose of submitting a question or questions to the electors of the Province at the same time as the general election.
129(2)The proclamation shall state fully the question to be submitted at the plebiscite in the same words and form as it will appear on the ballot paper.
129(3)A proclamation issued under this section shall be published in
(a) The Royal Gazette, and
(b) such newspapers as are prescribed in subsection 18(2).
129(4)Every person qualified to vote at the general election is qualified to vote upon any question submitted to the electors.
129(5)In an electoral district where a member is elected by acclamation the returning officer shall
(a) make his return of election as directed in section 56,
(b) issue a notice of taking of a poll in the form prescribed by regulation and publish the same in the same manner as a notice of grant of poll would have been required to be published under subsection 57(2), and
(c) proceed in all other respects to poll the votes of the electors upon any questions submitted to the electors in the same manner as if he had granted a poll under subsection 57(1).
129(6)A question shall be printed upon the ballot papers as indicated in the form prescribed by regulation and in each electoral district in which a poll has been granted shall be printed in like form following the names of the candidates.
129(7)The votes of electors in answer to a question shall be counted and reported as provided in sections 89 to 93 but the returning officer shall not vote in any event.
129(8)Where a ballot paper is incorrectly marked with respect to the candidates and one or more questions but correctly marked with respect to one or more other questions it shall be
(a) counted with respect to the questions for which it is correctly marked, and
(b) rejected with respect to the candidates and any questions for which it is incorrectly marked.
129(9)Where a ballot paper is incorrectly marked with respect to one or more questions but correctly marked with respect to
(a) the candidates, or
(b) the candidates and one or more questions,
it shall be
(c) counted with respect to the candidates and any questions for which it is correctly marked, and
(d) rejected with respect to the questions for which it is incorrectly marked.
129(10)Sections 94 and 95 do not apply to questions submitted to the electors.
129(11)The returning officer in each electoral district shall certify to the Chief Electoral Officer the total number of affirmative and negative votes given in answer to a question and the Chief Electoral Officer shall publish in The Royal Gazette a notice giving the number of such votes cast in each electoral district.
129(12)The Lieutenant-Governor in Council may make such regulations as he deems necessary for the purposes of this section.
1967, c.9, s.129; 1974, c.12(Supp.), s.29; 1974, c.92(Supp.), s.18; 1998, c.32, s.80