Acts and Regulations

E-3 - Elections Act

Section 35
Disposition versions

Full text
Application for revision of preliminary list
35(1)During the period for revision of the preliminary lists of electors, a revision officer shall dispose of the following types of applications:
(a) an application to be added to a preliminary list made by a person whose name was omitted from the list;
(b) an application to correct the information on a preliminary list respecting an elector, which application may be made by any of the following:
(i) the elector;
(ii) a family member of the elector who has the information necessary to make the application; or
(iii) any other member of the elector’s household who has the information necessary to make the application;
(c) an application to delete an elector from a preliminary list because the elector has died or moved from the electoral district, which application may be made by any of the following:
(i) the elector;
(ii) a family member of the elector who has the information necessary to make the application; or
(iii) any other person who has the information necessary to make the application; and
(d) an application to delete an elector’s name from a preliminary list, which application may be made by a current resident of the address associated with the elector on the preliminary list.
35(2)An application under subsection (1) shall be in the prescribed form and shall be dealt with by the revision officer in accordance with the procedures prescribed by the Chief Electoral Officer.
35(3)In order for a revision officer to make an addition to, a correction to or a deletion from a preliminary list of electors, he or she must be satisfied that sufficient information has been provided in the application to justify revising the preliminary list as requested.
1967, c.9, s.35; 1980, c.17, s.11; 1998, c.32, s.34; 2006, c.6, s.10; 2010, c.6, s.29
Procedure
35(1)During the period for revision of the preliminary lists of electors, the returning officer or election clerk shall dispose of
(a) personal applications made by persons whose applications to have their names included in the preliminary list of electors have been refused by an enumerator or enumerators,
(b) personal applications made by persons whose names were omitted from the preliminary list,
(b.1) Repealed: 1998, c.32, s.34
(c) sworn applications in the form prescribed by regulation made by a qualified elector whose name appears on a preliminary list of electors for the electoral district on behalf of persons claiming the right to have their names included in the list of electors accompanied by a request in the form prescribed by regulation signed by the person who desires to be registered as an elector, which two Forms shall be written on the same sheet and shall be kept attached,
(d) verbal applications for the correction of names or particulars of electors appearing on the preliminary list,
(e) any objection made on oath before the returning officer or election clerk in the prescribed form by a qualified elector whose name appears on a preliminary list of electors for the electoral district to the inclusion of any other name on the preliminary list of electors; if notice of such objection in the prescribed form, signed by the returning officer or election clerk, together with a copy of the oath of the elector who has made the objection, has been transmitted to the person, the inclusion of whose name on the list of electors is objected to, at the person’s address as given on the preliminary list, not later than the eighth day before polling day of the sittings for revision, and
(f) personal applications made by persons who object to their names being included in the preliminary list.
35(2)Every applicant under the provisions of paragraph (1)(a), (b), (c), (d) or (f) shall appear in person at the returning office and answer to the satisfaction of the returning officer or election clerk all such relevant questions as the returning officer or election clerk shall deem necessary and proper to put to him.
35(3)Where an objection is made under paragraph (1)(e) the onus of establishing a ground to strike a name from the list is upon the elector making the objection and the non-attendance before the returning officer or election clerk of the person whose name is objected to does not relieve the elector making the objection from establishing such ground by evidence that, in the absence of rebuttal evidence, is considered by the returning officer or election clerk sufficient to establish that the name of the person objected to appears improperly on the preliminary list.
1967, c.9, s.35; 1980, c.17, s.11; 1998, c.32, s.34; 2006, c.6, s.10