Acts and Regulations

E-3 - Elections Act

Full text
Custody and inspection of election documents
98(1)The Chief Electoral Officer shall retain in his possession the election documents transmitted to him by any returning officer with the return to the writ for at least one year, if the election is not contested during that time, and, if the election is contested, then for one year after the termination of the contest and thereafter the documents shall be deposited with the provincial archivist or such other person as the Lieutenant-Governor in Council may direct.
98(1.1)The Chief Electoral Officer may, forthwith after the return of election documents under subsection (1), use the lists of electors and all records of revisions or additions to the lists of electors and any other records relating to electors that may be included in the election documents to produce the final list of electors and to establish or update the register of electors.
98(2)Except as provided in subsection (1.1), no election documents shall be inspected or produced except by an order of a judge of The Court of King’s Bench of New Brunswick during the period they are retained in the possession of the Chief Electoral Officer pursuant to subsection (1).
98(3)Where a judge of The Court of King’s Bench of New Brunswick has ordered the inspection or production of any election documents the Chief Electoral Officer need not, unless the judge otherwise orders, appear personally to produce such documents or papers, but it is sufficient if the Chief Electoral Officer certifies such documents or papers and transmits them by registered mail to the clerk of The Court of King’s Bench of New Brunswick for the judicial district in which the judge who has ordered the inspection or production of the election documents resides, and the clerk shall, when such documents have served the purposes of the judge, return them by registered mail to the Chief Electoral Officer.
98(4)Any such documents or papers purporting to be certified by the Chief Electoral Officer are receivable in evidence without further proof thereof.
98(5)An order may be granted by a judge on his being satisfied by evidence on oath that the inspection or production of such election documents is required for the purpose of instituting or maintaining a prosecution for an offence relating to an election, or for the purpose of a petition that has been filed questioning an election or return or for other good cause.
98(6)Any such order for the inspection or production of election documents may be made subject to such conditions as to persons, time, place and mode of inspection or production as the judge deems expedient.
98(7)All other reports or statements received from election officers, all instructions issued by the Chief Electoral Officer pursuant to the provisions of this Act, all decisions or rulings by him upon points arising thereunder, and all correspondence with election officers or others in relation to any election shall be public records, and may be inspected by any person upon request during business hours.
98(8)A person may take extracts from those election documents which are public records and is entitled to receive certified copies of those documents on payment of $0.50 per page.
98(9)Any such copies purporting to be certified by the Chief Electoral Officer under his hand are receivable in evidence without further proof thereof.
1967, c.9, s.98; 1979, c.41, s.42; 1980, c.32, s.7; 1985, c.45, s.21; 1998, c.32, s.68; 2010, c.6, s.108; 2023, c.17, s.64
Custody and inspection of election documents
98(1)The Chief Electoral Officer shall retain in his possession the election documents transmitted to him by any returning officer with the return to the writ for at least one year, if the election is not contested during that time, and, if the election is contested, then for one year after the termination of the contest and thereafter the documents shall be deposited with the provincial archivist or such other person as the Lieutenant-Governor in Council may direct.
98(1.1)The Chief Electoral Officer may, forthwith after the return of election documents under subsection (1), use the lists of electors and all records of revisions or additions to the lists of electors and any other records relating to electors that may be included in the election documents to produce the final list of electors and to establish or update the register of electors.
98(2)Except as provided in subsection (1.1), no election documents shall be inspected or produced except by an order of a judge of The Court of Queen’s Bench of New Brunswick during the period they are retained in the possession of the Chief Electoral Officer pursuant to subsection (1).
98(3)Where a judge of The Court of Queen’s Bench of New Brunswick has ordered the inspection or production of any election documents the Chief Electoral Officer need not, unless the judge otherwise orders, appear personally to produce such documents or papers, but it is sufficient if the Chief Electoral Officer certifies such documents or papers and transmits them by registered mail to the clerk of The Court of Queen’s Bench of New Brunswick for the judicial district in which the judge who has ordered the inspection or production of the election documents resides, and the clerk shall, when such documents have served the purposes of the judge, return them by registered mail to the Chief Electoral Officer.
98(4)Any such documents or papers purporting to be certified by the Chief Electoral Officer are receivable in evidence without further proof thereof.
98(5)An order may be granted by a judge on his being satisfied by evidence on oath that the inspection or production of such election documents is required for the purpose of instituting or maintaining a prosecution for an offence relating to an election, or for the purpose of a petition that has been filed questioning an election or return or for other good cause.
98(6)Any such order for the inspection or production of election documents may be made subject to such conditions as to persons, time, place and mode of inspection or production as the judge deems expedient.
98(7)All other reports or statements received from election officers, all instructions issued by the Chief Electoral Officer pursuant to the provisions of this Act, all decisions or rulings by him upon points arising thereunder, and all correspondence with election officers or others in relation to any election shall be public records, and may be inspected by any person upon request during business hours.
98(8)A person may take extracts from those election documents which are public records and is entitled to receive certified copies of those documents on payment of $0.50 per page.
98(9)Any such copies purporting to be certified by the Chief Electoral Officer under his hand are receivable in evidence without further proof thereof.
1967, c.9, s.98; 1979, c.41, s.42; 1980, c.32, s.7; 1985, c.45, s.21; 1998, c.32, s.68; 2010, c.6, s.108
Custody and inspection of election documents
98(1)The Chief Electoral Officer shall retain in his possession the election documents transmitted to him by any returning officer with the return to the writ for at least one year, if the election is not contested during that time, and, if the election is contested, then for one year after the termination of the contest and thereafter the documents shall be deposited with the provincial archivist or such other person as the Lieutenant-Governor in Council may direct.
98(1.1)The Chief Electoral Officer may, forthwith after the return of election documents under subsection (1), use the lists of electors and all records of revisions or additions to the lists of electors and any other records relating to electors that may be included in the election documents to produce the final list of electors and to establish or update the register of electors.
98(2)Except as provided in subsection (1.1), no election documents shall be inspected or produced except by an order of a judge of The Court of Queen’s Bench of New Brunswick during the period they are retained in the possession of the Chief Electoral Officer pursuant to subsection (1).
98(3)Where a judge of The Court of Queen’s Bench of New Brunswick has ordered the inspection or production of any election documents the Chief Electoral Officer need not, unless the judge otherwise orders, appear personally to produce such documents or papers, but it is sufficient if the Chief Electoral Officer certifies such documents or papers and transmits them by registered mail to the clerk of The Court of Queen’s Bench of New Brunswick for the judicial district in which the judge who has ordered the inspection or production of the election documents resides, and the clerk shall, when such documents have served the purposes of the judge, return them by registered mail to the Chief Electoral Officer.
98(4)Any such documents or papers purporting to be certified by the Chief Electoral Officer are receivable in evidence without further proof thereof.
98(5)An order may be granted by a judge on his being satisfied by evidence on oath that the inspection or production of such election documents is required for the purpose of instituting or maintaining a prosecution for an offence relating to an election, or for the purpose of a petition that has been filed questioning an election or return or for other good cause.
98(6)Any such order for the inspection or production of election documents may be made subject to such conditions as to persons, time, place and mode of inspection or production as the judge deems expedient.
98(7)All other reports or statements received from election officers, all instructions issued by the Chief Electoral Officer pursuant to the provisions of this Act, all decisions or rulings by him upon points arising thereunder, and all correspondence with election officers or others in relation to any election shall be public records, and may be inspected by any person upon request during business hours.
98(8)Any person may take extracts therefrom and is entitled to certified copies of the papers relating to any subject upon payment for the preparation of such certified copies at the rate of ten cents per folio of one hundred words.
98(9)Any such copies purporting to be certified by the Chief Electoral Officer under his hand are receivable in evidence without further proof thereof.
1967, c.9, s.98; 1979, c.41, s.42; 1980, c.32, s.7; 1985, c.45, s.21; 1998, c.32, s.68