Acts and Regulations

E-3 - Elections Act

Full text
Election clerks
17(1)Following his or her appointment, the returning officer shall appoint in writing in the prescribed form an election clerk for each office opened under subsection 16(2.1), and an election clerk, before entering on his or her duties, shall take an oath in the prescribed form.
17(2)The election clerk shall assist the returning officer in the performance of his duties, and if the returning officer dies, refuses to act, or is disqualified or unable to perform his duties, the election clerk shall, until the appointment of a new returning officer, or until the returning officer again becomes able to act, perform the duties of the returning officer, and any act done by the election clerk under the authority of this section shall have the same effect as if it had been done by the returning officer.
17(2.1)If more than one election clerk has been appointed under subsection (1) and an election clerk is required to perform the duties of the returning officer in accordance with subsection (2), the Chief Electoral Officer shall designated which of the election clerks will perform those duties.
17(3)Every election clerk who is required to act as returning officer at an election in place of the returning officer by whom he was appointed shall himself appoint an election clerk.
17(4)Every election clerk holds office during the pleasure of the returning officer by whom he has been appointed, and, after the death or resignation of such returning officer, until his successor has appointed a new election clerk.
17(5)It is the duty of the returning officer and of the election clerk forthwith to notify the Chief Electoral Officer if the returning officer at any time becomes unable to act by reason of illness, absence from the electoral district or otherwise, and it is the duty of the election clerk forthwith to notify the Chief Electoral Officer of the death of the returning officer.
17(6)Repealed: 1998, c.32, s.11
1967, c.9, s.17; 1978, c.D-11.2, s.18; 1998, c.32, s.11; 2010, c.6, s.10
Election clerks
17(1)The returning officer, upon receipt of a writ, shall appoint in writing in the form prescribed by regulation an election clerk who shall, before entering upon his duties, take and subscribe an oath in the prescribed form, which appointment and oath of office shall be either endorsed on or attached to the writ.
17(2)The election clerk shall assist the returning officer in the performance of his duties, and if the returning officer dies, refuses to act, or is disqualified or unable to perform his duties, the election clerk shall, until the appointment of a new returning officer, or until the returning officer again becomes able to act, perform the duties of the returning officer, and any act done by the election clerk under the authority of this section shall have the same effect as if it had been done by the returning officer.
17(3)Every election clerk who is required to act as returning officer at an election in place of the returning officer by whom he was appointed shall himself appoint an election clerk.
17(4)Every election clerk holds office during the pleasure of the returning officer by whom he has been appointed, and, after the death or resignation of such returning officer, until his successor has appointed a new election clerk.
17(5)It is the duty of the returning officer and of the election clerk forthwith to notify the Chief Electoral Officer if the returning officer at any time becomes unable to act by reason of illness, absence from the electoral district or otherwise, and it is the duty of the election clerk forthwith to notify the Chief Electoral Officer of the death of the returning officer.
17(6)Repealed: 1998, c.32, s.11
1967, c.9, s.17; 1978, c.D-11.2, s.18; 1998, c.32, s.11