Acts and Regulations

E-3 - Elections Act

Full text
Safekeeping of ballot boxes
92On receiving a ballot box, the returning officer shall take every precaution for its safekeeping and for preventing any person other than the returning officer and an election clerk from having access to it.
1967, c.9, s.92; 1974, c.92 (Supp.), s.14; 1980, c.17, s.34; 2006, c.6, s.36; 2010, c.6, s.101
Safekeeping of ballot boxes
92On receiving a ballot box, the returning officer shall take every precaution for its safekeeping and for preventing any person other than the returning officer and an election clerk from having access to it.
1967, c.9, s.92; 1974, c.92(Supp.), s.14; 1980, c.17, s.34; 2006, c.6, s.36; 2010, c.6, s.101
Safekeeping of ballot boxes
92(1)The returning officer upon the receipt of each ballot box shall take every precaution for its safekeeping and for preventing any person other than himself and his election clerk from having access thereto.
92(2)The returning officer shall examine the metal or plastic seal affixed to each ballot box by the deputy returning officer, pursuant to subsection 91(9), and if such seal is not in good order the returning officer shall affix his own metal or plastic seal supplied by the Chief Electoral Officer.
92(3)The returning officer shall record the condition of the metal or plastic seal required to be affixed by the deputy returning officer to every ballot box, in the returning officer’s record book.
92(4)After the ballot boxes have been received, the returning officer, at the place and hour fixed by the proclamation for the official addition to the votes, and in the presence of the election clerk and of such of the candidates or their representatives as are present, or of at least two electors if none of the candidates or their representatives are present, shall open the ballot boxes and from the official statements of the poll therein contained add together the number of votes given for each candidate and enter the number of votes counted and the number rejected on a recapitulation sheet.
92(5)If any ballot box does not appear to contain an official statement of the poll either loose or in its separate envelope as hereinbefore provided, the returning officer may, for the purpose of finding a statement of the poll open the large envelope found in the ballot box and appearing to contain miscellaneous papers.
92(6)If the power conferred by subsection (5) is exercised, all the papers, other than the statement of the poll, if found, shall be placed by the returning officer in a special large envelope that shall be sealed and duly endorsed by him and his election clerk.
92(7)Nothing in this section authorizes the opening of any envelope appearing to contain ballot papers.
92(8)If the official statement of the poll cannot be found in the ballot box or in the large envelope contained therein the returning officer may use the statement of the poll attached to the poll book for the purpose of adding the votes.
92(9)The candidate who, on such addition of the votes, is found to have the largest number of votes, shall then be declared elected in writing in the form prescribed by regulation, and a copy of such declaration shall forthwith be delivered to each candidate or his agent if present at the addition of votes, or, if any candidate is neither present nor represented thereat, shall forthwith be transmitted to such candidate by registered mail.
92(10)Where on the addition of votes by the returning officer an equality of votes is found to exist between any two or more candidates, and an additional vote would entitle any of such candidates to be declared elected, the returning officer shall cast such additional vote.
1967, c.9, s.92; 1974, c.92(Supp.), s.14; 1980, c.17, s.34; 2006, c.6, s.36