Acts and Regulations

E-3 - Elections Act

Section 51
Disposition versions

Full text
Nomination of candidate
51(1)Any twenty-five or more electors qualified to vote in the electoral district for which an election is to be held may nominate a candidate for that electoral district by signing a nomination paper in the prescribed form, stating therein such particulars of the name, address and occupation of the person proposed as sufficiently to identify such candidate, and the address of the candidate for service of process and papers under this Act, and by causing such nomination paper to be produced to and filed with the returning officer at any time between the date of the proclamation and the close of nominations as hereinafter specified, and by complying in all other respects with this section.
51(2)Each candidate shall be nominated by a separate nomination paper, and an elector shall only sign the nomination paper of one candidate.
51(3)A candidate of a recognized party shall deliver to the returning officer, at the same time as his nomination paper, a certificate, signed by the leader of such party in the presence of two witnesses, declaring that he is an official candidate of the party.
51(4)The nomination paper of a candidate shall designate the name of an agent to whom copies of the lists of electors are to be provided under subsection 20(3) and who may appoint a scrutineer to act at the polls under section 72.
51(4.1)Repealed: 2015, c.6, s.6
51(5)No nomination paper is valid nor shall be acted upon when filed with the returning officer, unless it is accompanied by a deposit of one hundred dollars in legal tender or a certified cheque for that amount made payable to the Minister of Finance and Treasury Board, and by proof by affidavit in the form prescribed by regulation that,
(a) not less than twenty-five persons, naming them, who have signed such nomination paper are duly qualified electors of the electoral district for which the election is to be held;
(b) they have signed it in the presence of a deponent or deponents; and
(c) the consent of the candidate, and the indication of his political party, or that he is an independent candidate, was signed by the candidate in the presence of a deponent; or the person nominated is absent from the Province and has authorized the deponent to give his consent to his nomination and to indicate the name of his political party or to declare that he is an independent candidate.
51(6)The returning officer shall not accept any deposit until after all the other steps necessary to complete the nomination of the candidate have been taken, and upon his accepting a deposit he shall give to the person by whom it is paid a receipt therefor that shall be prima facie evidence that the candidate has been duly and regularly nominated.
51(7)The full amount of every deposit shall forthwith after its receipt be transmitted by the returning officer to the Minister of Finance and Treasury Board.
51(8)The sum deposited by a candidate under this section shall be returned to him or her by the Minister of Finance and Treasury Board when the candidate submits his or her statement of election expenses in accordance with section 81 of the Political Process Financing Act.
51(9)The sum so deposited shall, in case of the death of any candidate after being nominated and before the closing of the poll, be returned to the personal representatives of such candidate.
1967, c.9, s.51; 1974, c.12 (Supp.), s.11; 1978, c.D-11.2, s.18; 1985, c.45, s.7; 1991, c.48, s.4; 1997, c.53, s.8; 1998, c.32, s.45; 2005, c.11, s.2; 2010, c.6, s.38; 2014, c.62, s.1; 2015, c.6, s.6; 2019, c.29, s.44
Nomination of candidate
51(1)Any twenty-five or more electors qualified to vote in the electoral district for which an election is to be held may nominate a candidate for that electoral district by signing a nomination paper in the prescribed form, stating therein such particulars of the name, address and occupation of the person proposed as sufficiently to identify such candidate, and the address of the candidate for service of process and papers under this Act, and by causing such nomination paper to be produced to and filed with the returning officer at any time between the date of the proclamation and the close of nominations as hereinafter specified, and by complying in all other respects with this section.
51(2)Each candidate shall be nominated by a separate nomination paper, and an elector shall only sign the nomination paper of one candidate.
51(3)A candidate of a recognized party shall deliver to the returning officer, at the same time as his nomination paper, a certificate, signed by the leader of such party in the presence of two witnesses, declaring that he is an official candidate of the party.
51(4)The nomination paper of a candidate shall designate the name of an agent to whom copies of the lists of electors are to be provided under subsection 20(3) and who may appoint a scrutineer to act at the polls under section 72.
51(4.1)Repealed: 2015, c.6, s.6
51(5)No nomination paper is valid nor shall be acted upon when filed with the returning officer, unless it is accompanied by a deposit of one hundred dollars in legal tender or a certified cheque for that amount made payable to the Minister of Finance, and by proof by affidavit in the form prescribed by regulation that,
(a) not less than twenty-five persons, naming them, who have signed such nomination paper are duly qualified electors of the electoral district for which the election is to be held;
(b) they have signed it in the presence of a deponent or deponents; and
(c) the consent of the candidate, and the indication of his political party, or that he is an independent candidate, was signed by the candidate in the presence of a deponent; or the person nominated is absent from the Province and has authorized the deponent to give his consent to his nomination and to indicate the name of his political party or to declare that he is an independent candidate.
51(6)The returning officer shall not accept any deposit until after all the other steps necessary to complete the nomination of the candidate have been taken, and upon his accepting a deposit he shall give to the person by whom it is paid a receipt therefor that shall be prima facie evidence that the candidate has been duly and regularly nominated.
51(7)The full amount of every deposit shall forthwith after its receipt be transmitted by the returning officer to the Minister of Finance.
51(8)The sum deposited by a candidate under this section shall be returned to him or her by the Minister of Finance when the candidate submits his or her statement of election expenses in accordance with section 81 of the Political Process Financing Act.
51(9)The sum so deposited shall, in case of the death of any candidate after being nominated and before the closing of the poll, be returned to the personal representatives of such candidate.
1967, c.9, s.51; 1974, c.12 (Supp.), s.11; 1978, c.D-11.2, s.18; 1985, c.45, s.7; 1991, c.48, s.4; 1997, c.53, s.8; 1998, c.32, s.45; 2005, c.11, s.2; 2010, c.6, s.38; 2014, c.62, s.1; 2015, c.6, s.6
Nomination of candidate
51(1)Any twenty-five or more electors qualified to vote in the electoral district for which an election is to be held may nominate a candidate for that electoral district by signing a nomination paper in the prescribed form, stating therein such particulars of the name, address and occupation of the person proposed as sufficiently to identify such candidate, and the address of the candidate for service of process and papers under this Act, and by causing such nomination paper to be produced to and filed with the returning officer at any time between the date of the proclamation and the close of nominations as hereinafter specified, and by complying in all other respects with this section.
51(2)Each candidate shall be nominated by a separate nomination paper, and an elector shall only sign the nomination paper of one candidate.
51(3)A candidate of a recognized party shall deliver to the returning officer, at the same time as his nomination paper, a certificate, signed by the leader of such party in the presence of two witnesses, declaring that he is an official candidate of the party.
51(4)The nomination paper of a candidate shall designate the name of an agent to whom copies of the lists of electors are to be provided under subsection 20(3) and who may appoint a scrutineer to act at the polls under section 72.
51(4.1)The nomination papers of a candidate of a registered political party shall include a statement that if the candidate leaves the caucus of the political party for which he or she is elected, the candidate will either sit as an independent member of the Legislative Assembly or resign his or her seat.
51(5)No nomination paper is valid nor shall be acted upon when filed with the returning officer, unless it is accompanied by a deposit of one hundred dollars in legal tender or a certified cheque for that amount made payable to the Minister of Finance, and by proof by affidavit in the form prescribed by regulation that,
(a) not less than twenty-five persons, naming them, who have signed such nomination paper are duly qualified electors of the electoral district for which the election is to be held;
(b) they have signed it in the presence of a deponent or deponents; and
(c) the consent of the candidate, and the indication of his political party, or that he is an independent candidate, was signed by the candidate in the presence of a deponent; or the person nominated is absent from the Province and has authorized the deponent to give his consent to his nomination and to indicate the name of his political party or to declare that he is an independent candidate.
51(6)The returning officer shall not accept any deposit until after all the other steps necessary to complete the nomination of the candidate have been taken, and upon his accepting a deposit he shall give to the person by whom it is paid a receipt therefor that shall be prima facie evidence that the candidate has been duly and regularly nominated.
51(7)The full amount of every deposit shall forthwith after its receipt be transmitted by the returning officer to the Minister of Finance.
51(8)The sum deposited by a candidate under this section shall be returned to him or her by the Minister of Finance when the candidate submits his or her statement of election expenses in accordance with section 81 of the Political Process Financing Act.
51(9)The sum so deposited shall, in case of the death of any candidate after being nominated and before the closing of the poll, be returned to the personal representatives of such candidate.
1967, c.9, s.51; 1974, c.12 (Supp.), s.11; 1978, c.D-11.2, s.18; 1985, c.45, s.7; 1991, c.48, s.4; 1997, c.53, s.8; 1998, c.32, s.45; 2005, c.11, s.2; 2010, c.6, s.38; 2014, c.62, s.1
Nomination of candidate
51(1)Any twenty-five or more electors qualified to vote in the electoral district for which an election is to be held may nominate a candidate for that electoral district by signing a nomination paper in the prescribed form, stating therein such particulars of the name, address and occupation of the person proposed as sufficiently to identify such candidate, and the address of the candidate for service of process and papers under this Act, and by causing such nomination paper to be produced to and filed with the returning officer at any time between the date of the proclamation and the close of nominations as hereinafter specified, and by complying in all other respects with this section.
51(2)Each candidate shall be nominated by a separate nomination paper, and an elector shall only sign the nomination paper of one candidate.
51(3)A candidate of a recognized party shall deliver to the returning officer, at the same time as his nomination paper, a certificate, signed by the leader of such party in the presence of two witnesses, declaring that he is an official candidate of the party.
51(4)The nomination paper of a candidate shall designate the name of an agent to whom copies of the lists of electors are to be provided under subsection 20(3) and who may appoint a scrutineer to act at the polls under section 72.
51(5)No nomination paper is valid nor shall be acted upon when filed with the returning officer, unless it is accompanied by a deposit of one hundred dollars in legal tender or a certified cheque for that amount made payable to the Minister of Finance, and by proof by affidavit in the form prescribed by regulation that,
(a) not less than twenty-five persons, naming them, who have signed such nomination paper are duly qualified electors of the electoral district for which the election is to be held;
(b) they have signed it in the presence of a deponent or deponents; and
(c) the consent of the candidate, and the indication of his political party, or that he is an independent candidate, was signed by the candidate in the presence of a deponent; or the person nominated is absent from the Province and has authorized the deponent to give his consent to his nomination and to indicate the name of his political party or to declare that he is an independent candidate.
51(6)The returning officer shall not accept any deposit until after all the other steps necessary to complete the nomination of the candidate have been taken, and upon his accepting a deposit he shall give to the person by whom it is paid a receipt therefor that shall be prima facie evidence that the candidate has been duly and regularly nominated.
51(7)The full amount of every deposit shall forthwith after its receipt be transmitted by the returning officer to the Minister of Finance.
51(8)The sum deposited by a candidate under this section shall be returned to him or her by the Minister of Finance when the candidate submits his or her statement of election expenses in accordance with section 81 of the Political Process Financing Act.
51(9)The sum so deposited shall, in case of the death of any candidate after being nominated and before the closing of the poll, be returned to the personal representatives of such candidate.
1967, c.9, s.51; 1974, c.12 (Supp.), s.11; 1978, c.D-11.2, s.18; 1985, c.45, s.7; 1991, c.48, s.4; 1997, c.53, s.8; 1998, c.32, s.45; 2005, c.11, s.2; 2010, c.6, s.38
Nomination of candidate
51(1)Any twenty-five or more electors qualified to vote in the electoral district for which an election is to be held may nominate a candidate for that electoral district by signing a nomination paper in the prescribed form, stating therein such particulars of the name, address and occupation of the person proposed as sufficiently to identify such candidate, and the address of the candidate for service of process and papers under this Act, and by causing such nomination paper to be produced to and filed with the returning officer at any time between the date of the proclamation and the close of nominations as hereinafter specified, and by complying in all other respects with this section.
51(2)Each candidate shall be nominated by a separate nomination paper, and an elector shall only sign the nomination paper of one candidate.
51(3)A candidate of a recognized party shall deliver to the returning officer, at the same time as his nomination paper, a certificate, signed by the leader of such party in the presence of two witnesses, declaring that he is an official candidate of the party.
51(4)The nomination paper of a candidate shall designate the name of an agent to whom copies of the lists of electors are to be provided under subsection 20(3) and who may appoint a scrutineer to act at the polls under section 72.
51(5)No nomination paper is valid nor shall be acted upon when filed with the returning officer, unless it is accompanied by a deposit of one hundred dollars in legal tender or a certified cheque for that amount made payable to the Minister of Finance, and by proof by affidavit in the form prescribed by regulation that,
(a) not less than twenty-five persons, naming them, who have signed such nomination paper are duly qualified electors of the electoral district for which the election is to be held;
(b) they have signed it in the presence of a deponent or deponents; and
(c) the consent of the candidate, and the indication of his political party, or that he is an independent candidate, was signed by the candidate in the presence of a deponent; or the person nominated is absent from the Province and has authorized the deponent to give his consent to his nomination and to indicate the name of his political party or to declare that he is an independent candidate.
51(6)The returning officer shall not accept any deposit until after all the other steps necessary to complete the nomination of the candidate have been taken, and upon his accepting a deposit he shall give to the person by whom it is paid a receipt therefor that shall be prima facie evidence that the candidate has been duly and regularly nominated.
51(7)The full amount of every deposit shall forthwith after its receipt be transmitted by the returning officer to the Minister of Finance.
51(8)The sum deposited by a candidate under this section shall be returned to him or her by the Minister of Finance when the candidate submits his or her statement of election expenses in accordance with section 81 of the Political Process Financing Act.
51(9)The sum so deposited shall, in case of the death of any candidate after being nominated and before the closing of the poll, be returned to the personal representatives of such candidate.
1967, c.9, s.51; 1974, c.12(Supp.), s.11; 1978, c.D-11.2, s.18; 1985, c.45, s.7; 1991, c.48, s.4; 1997, c.53, s.8; 1998, c.32, s.45; 2005, c.11, s.2; 2010, c.6, s.38
Nomination of candidate
51(1)Any twenty-five or more electors qualified to vote in the electoral district for which an election is to be held may nominate a candidate for that electoral district by signing a nomination paper in the form prescribed by regulation, stating therein such particulars of the name, address and occupation of the person proposed as sufficiently to identify such candidate, and the address of the candidate for service of process and papers under this Act, and by causing such nomination paper to be produced to and filed with the returning officer at any time between the date of the proclamation and the close of nominations as hereinafter specified, and by complying in all other respects with this section.
51(2)Each candidate shall be nominated by a separate nomination paper, but the same electors or any of them may sign as many nomination papers as there are members to be elected for the electoral district.
51(3)A candidate of a recognized party shall deliver to the returning officer, at the same time as his nomination paper, a certificate, signed by the leader of such party in the presence of two witnesses, declaring that he is an official candidate of the party.
51(4)The nomination papers of the candidate of a recognized party shall also designate the name of an agent to whom copies of the lists of electors are to be provided pursuant to subsection 30(4) and who may appoint a scrutineer to act at the polls pursuant to section 72.
51(5)No nomination paper is valid nor shall be acted upon when filed with the returning officer, unless it is accompanied by a deposit of one hundred dollars in legal tender or a certified cheque for that amount made payable to the Minister of Finance, and by proof by affidavit in the form prescribed by regulation that,
(a) not less than twenty-five persons, naming them, who have signed such nomination paper are duly qualified electors of the electoral district for which the election is to be held;
(b) they have signed it in the presence of a deponent or deponents; and
(c) the consent of the candidate, and the indication of his political party, or that he is an independent candidate, was signed by the candidate in the presence of a deponent; or the person nominated is absent from the Province and has authorized the deponent to give his consent to his nomination and to indicate the name of his political party or to declare that he is an independent candidate.
51(6)The returning officer shall not accept any deposit until after all the other steps necessary to complete the nomination of the candidate have been taken, and upon his accepting a deposit he shall give to the person by whom it is paid a receipt therefor that shall be prima facie evidence that the candidate has been duly and regularly nominated.
51(7)The full amount of every deposit shall forthwith after its receipt be transmitted by the returning officer to the Minister of Finance.
51(8)The sum so deposited by a candidate shall be returned to him by the Minister of Finance in the event of his being elected or of his obtaining a number of votes at least equal to one-half the number of votes polled in favour of any candidate elected; otherwise, it shall belong to Her Majesty for the public use of the Province.
51(9)The sum so deposited shall, in case of the death of any candidate after being nominated and before the closing of the poll, be returned to the personal representatives of such candidate.
1967, c.9, s.51; 1974, c.12(Supp.), s.11; 1978, c.D-11.2, s.18; 1985, c.45, s.7; 1991, c.48, s.4; 1997, c.53, s.8; 1998, c.32, s.45; 2005, c.11, s.2