5(1)Subject to subsections (1.1) to (1.13), the Chief Electoral Officer shall be appointed by the Lieutenant-Governor in Council on the recommendation of the Legislative Assembly.

5(1.1)Before an appointment is made under subsection (1), a selection committee shall be established for the purpose of identifying persons as potential candidates to be appointed Chief Electoral Officer.

5(1.11)The selection committee shall be composed of

5(1.12)The selection committee shall develop a roster of qualified candidates and submit a list of names of qualified candidates to the Lieutenant-Governor in Council.

5(1.13)The Premier shall consult with the leader of the opposition and the leaders of the other political parties having representation in the Legislative Assembly during the most recent sitting with respect to one or more qualified candidates from the selection committee’s list of qualified candidates.

5(1.2)Subject to subsection (1.3), the Chief Electoral Officer shall hold office for a term of ten years and is not eligible for reappointment.

5(1.3)The Lieutenant-Governor in Council may extend the term of the Chief Electoral Officer for a period of not more than 12 months.

5(1.4)The Chief Electoral Officer shall be paid an annual salary as determined by the Lieutenant-Governor in Council within the deputy head pay plan, and is entitled to receive benefits similar to those received by deputy heads.

5(1.5)The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the Chief Electoral Officer.

5(1.51)The Chief Electoral Officer shall not be a member of the Legislative Assembly and shall not hold any other office of trust or profit, other than his or her office as Chief Electoral Officer, without the prior approval by the Legislative Assembly.

5(1.6)The Chief Electoral Office may resign from office by notice in writing addressed to the Speaker of the Legislative Assembly or, if there is no Speaker or the Speaker is absent from the Province, to the Clerk of the Legislative Assembly.

5(1.7)The Speaker or the Clerk, as the case may be, shall immediately inform the Lieutenant-Governor in Council of the Chief Electoral Officer’s resignation.

5(1.8)The Chief Electoral Officer shall hold office during good behaviour and may only be removed by the Lieutenant-Governor in Council for incapacity, neglect of duty or misconduct upon an address in which 2/3 of the members of the Legislative Assembly concur.

5(1.9)The Lieutenant-Governor in Council, upon an address in which a majority of the members of the Legislative Assembly voting concur, may suspend the Chief Electoral Officer, with or without pay, pending an investigation that may lead to removal under subsection (1.8).

5(2)If the Legislature is not in session, a judge of The Court of King’s Bench of New Brunswick may, on an application by the Lieutenant-Governor in Council, suspend the Chief Electoral Officer, with or without pay, for incapacity, neglect of duty or misconduct.

5(2.1)If the Lieutenant-Governor in Council makes an application under subsection (2), the practice and procedure of The Court of King’s Bench of New Brunswick respecting applications applies.

5(2.2)If a judge of The Court of King’s Bench of New Brunswick suspends the Chief Electoral Officer under subsection (2), the judge shall do the following:

5(2.3)No suspension under subsection (2) shall continue beyond the end of the next session of the Legislature.

5(2.4)If the Chief Electoral Officer has been suspended under subsection (1.9), the Lieutenant-Governor in Council may appoint an acting Chief Electoral Officer to hold office until the suspension has elapsed.

5(2.5)An acting Chief Electoral Officer, while in office, has the powers and duties of the Chief Electoral Officer and shall be paid such salary or other remuneration and expenses as the Lieutenant-Governor in Council may fix.

5(2.6)The Lieutenant-Governor in Council may appoint an acting Chief Electoral Officer for a term of up to one year if

5(2.7)The appointment of an acting Chief Electoral Officer comes to an end when a new Chief Electoral Officer is appointed under subsection (1).

5(2.8)If the Chief Electoral Officer is unable to act because of illness, the Lieutenant-Governor in Council may appoint an acting Chief Electoral Officer, whose appointment comes to an end when the Chief Electoral Officer is again able to act or when the office becomes vacant.

5(2.9)An appointment under subsection (2.2), (2.4), (2.6) or (2.8) shall not impede a person’s subsequent appointment under subsection (1).

5(2.91)The Premier shall consult with the leader of the opposition before an appointment is made under subsection (2.4), (2.6) or (2.8).

5(3)The Chief Electoral Officer is an officer of the Legislative Assembly.

5(3.01)The office of the Chief Electoral Officer shall be known as Elections New Brunswick or Elections N.B.

5(3.1)Notwithstanding any other provision of this Act, the person holding office as Chief Electoral Officer immediately before the coming into force of this Act shall be deemed to be the Chief Electoral Officer appointed under subsection (1).

5(4)The Chief Electoral Officer shall

5(4.1)Before entering upon the exercise of his or her duties, the Chief Electoral Officer shall take an oath to well and truly perform the duties of the office.

5(4.2)The Speaker or the Clerk of the Legislative Assembly shall administer the oath referred to in subsection (4.1).

5(5)If during an election it transpires that insufficient time has been allowed or insufficient election officers or polling stations have been provided for the execution of any of the purposes of this Act, by reason of the operation of any provision of this Act or of any mistake or miscalculation or of any unforeseen emergency, the Chief Electoral Officer may, notwithstanding anything in this Act, extend the time for doing any act or acts, increase the number of election officers who have been appointed for the performance of any duty, or increase the number of polling stations, and, generally, the Chief Electoral Officer may adapt the provisions of this Act to the execution of its intent; but in the exercise of this discretion no votes shall be cast before or after the hours fixed by this Act for the opening and closing of the poll nor shall any nomination be received after the time fixed by this Act for the close of nominations.

5.1(1)Despite any provision of this Act or the regulations, the Chief Electoral Officer may direct the use at a by-election of a procedure, equipment or technology that is different from that required by this Act or the regulations if the procedure, equipment or technology relates to any of the following:

5.1(1.1)A directive may only be issued under subsection (1) if it has been approved by the advisory committee.

5.1(2)A directive of the Chief Electoral Officer under subsection (1) shall describe in detail the procedure, equipment or technology to be used and shall refer to the provisions of this Act or the regulations that will be varied for or will not apply to the by-election.

5.1(3)A by-election shall not be held in accordance with a directive under this section unless the Chief Electoral Officer has done the following at least 60 days before the writ is issued for the by-election:

5.1(4)A by-election held in accordance with a directive under this section is not invalidated by a failure to comply with this Act or the regulations if the non-compliance is authorized by the directive.

5.1(5)Within 4 months after polling day for a by-election held in accordance with a directive under this section, the Chief Electoral Officer shall submit a report to the Speaker of the Legislative Assembly that includes the following:

5.2(1)If, under the authority of this Act, the Chief Electoral Officer issues an instruction or directive or prescribes the use of a procedure with respect to the nomination of candidates, voting procedures or the counting of ballots, he or she shall ensure that the instruction, directive or procedure is published on the Elections New Brunswick website at least 60 days before the writ is issued for an election.

5.2(2)On request, the Chief Electoral Officer shall promptly provide a person with a copy of an instruction, directive or procedure published under subsection (1).

5.2(3)An oath that is prescribed by the Chief Electoral Officer for use under this Act shall be published on the Elections New Brunswick website.

5.2(4)The Chief Electoral Officer may modify, replace or supplement an instruction, directive, procedure or oath published on the Elections New Brunswick website if he or she considers it necessary to do so in order to deal with an emergency situation or other circumstance during the election period, which modification, replacement or supplement shall be published as soon as practicable.

5.2(5)The Regulations Act does not apply to an instruction, directive, procedure, oath or other matter prescribed by the Chief Electoral Officer under this Act.

6(1)The Lieutenant-Governor in Council shall appoint two Assistant Electoral Officers to the staff of Elections New Brunswick.

6(2)The Chief Electoral Officer may appoint such assistants, legal counsel, auditors and other employees to the staff of Elections New Brunswick as he or she considers necessary for the efficient carrying out of the powers and duties of the Chief Electoral Officer under this Act.

6(3)The staff of Elections New Brunswick may participate in and receive benefits under any health, life, disability or other insurance or superannuation plan available to employees within the public service, in accordance with the terms upon which the right to participate and receive benefits may from time to time be extended to the staff of Elections New Brunswick.

7(1)The Assistant Electoral Officers shall assist the Chief Electoral Officer in the performance of his or her duties.

7(2)In the absence or illness of the Chief Electoral Officer, on the failure of the Chief Electoral Officer to perform the duties of the office or if the office is vacant, the senior Assistant Electoral Officer shall act in the place of the Chief Electoral Officer and, while so acting, possesses the powers of and shall perform the duties of the Chief Electoral Officer.

7(3)For the purposes of subsection (2), the senior Assistant Electoral Officer is the Assistant Electoral Officer who has been appointed to that office for the longer period of time.

8(1)Before entering upon the exercise of his or her duties, a person appointed under subsection 6(1) or (2) shall take an oath to well and truly perform the duties of his or her office.

8(2)The Chief Electoral Officer shall administer the oath referred to in subsection (1).

9(1)The Chief Electoral Officer may appoint a returning officer for each electoral district.

9(2)On receiving notice of his appointment a returning officer shall forthwith notify the Chief Electoral Officer if he is unable to act.

9(3)Immediately after his appointment, every returning officer shall take and subscribe an oath in the form prescribed by regulation, and he shall forward a duplicate of the oath to the Chief Electoral Officer within five days following his appointment.

9(4)The Chief Electoral Officer shall publish in The Royal Gazette in the month of January in each year a list of the names, addresses and occupations of the returning officers for every electoral district in the Province.

9(5)Notwithstanding subsection 14(1.1), the appointment of a returning officer made after the commencement of this subsection expires on the two hundred and fortieth day after the polling day of the general election next following the appointment.

9(6)The Chief Electoral Officer may remove from office, as for cause, any returning officer who

11(1)An election officer may be suspended or dismissed by the returning officer if he or she does any of the following:

11(2)The returning officer may appoint another person to act in the place of an officer who is suspended or dismissed.

11(3)An officer who is suspended or dismissed shall cease to act immediately on being notified of the suspension or dismissal.

12(1)On or before April 1 of each year in which a scheduled general election is to be held, the Chief Electoral Officer shall do the following:

12(2)The polling divisions last established under this section before the issuance of a writ constitute the polling divisions of the electoral district for the purpose of the election.

12(3)Within 3 days following the issuance of a writ, the Chief Electoral Officer shall deliver to the leader of every recognized party a copy of the statement prepared under paragraph (1)(b) for each electoral district.

12(4)At any time that the Chief Electoral Officer considers it necessary, the Chief Electoral Officer may revise the boundaries of the polling divisions within the electoral districts, giving due consideration to the factors referred to in paragraph (1)(a), and, when he or she does so, shall prepare a statement in accordance with paragraph (1)(b).

13(1)Every election shall be commenced by an order of the Lieutenant-Governor in Council.

13(2)An Order in Council under subsection (1) shall do the following:

14(1)The day fixed for the poll shall at any election be a Monday, unless the Monday of the week in which it is desired to hold the poll is a holiday when the day fixed for the poll shall be Tuesday of the same week.

14(1.1)Where, pursuant to subsection (1), the day fixed for the poll at an election is a Tuesday, the provisions of this Act requiring any thing to be done on a specified day or within a specified period of time before or after polling day apply as if polling day were a Monday.

14(3)If the date fixed for the close of nomination of candidates is a holiday, nomination day shall be the following:

14(4)All writs for a general election shall be issued on the same day and made returnable on the same day.

15(1)Subject to subsection (1.1), where a vacancy in the Legislative Assembly is certified to the Speaker of the Legislative Assembly or the Clerk of the Legislative Assembly as provided by section 27 of the Legislative Assembly Act, the Lieutenant-Governor in Council shall direct the issue of a writ of election for the electoral district for which the vacancy occurred and shall

15(1.1)If the vacancy in the Legislative Assembly is certified during the 12-month period immediately preceding the date of a scheduled general election, the Lieutenant-Governor in Council is not required to act under subsection (1).

15(2)A writ for a by-election shall cease to have effect and the by-election to be held thereunder shall be cancelled if at any time prior to the ordinary polling day a writ for a general election is issued.

16(1)Upon receipt of a certified copy of the Order in Council ordering an election, the Chief Electoral Officer shall

16(2)On receiving the writ of election, the returning officer shall endorse on the writ the date it is received and, without delay, shall send an acknowledgment of receipt to the Chief Electoral Officer.

16(2.1)The returning officer shall open one or more offices in convenient places in the electoral district where the electors may have recourse to him or her, which offices shall be opened on the following days:

16(2.2)The returning officer shall maintain an office opened in accordance with subsection (2.1) throughout the election, which office shall have the operating hours directed by the Chief Electoral Officer.

16(3)Either the returning officer or the election clerk shall remain continuously on duty in such office during the hours that the polls are open.

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.

18(1)Within 5 days after the issuance of the writ, the returning officer shall issue a proclamation in the prescribed form which shall state the following:

18(2)At least four clear days before nomination day,

20(1)The Chief Electoral Officer shall, forthwith after the issue of the writ, cause to be prepared preliminary lists of all persons who, on the basis of information available under this Act, the Chief Electoral Officer has reason to believe are qualified as electors in each polling division of each electoral district, and shall send such lists to the returning officers along with all other information in the register of electors relating to electors in an electoral district.

20(2)The preliminary list of electors for any polling division or part of a polling division may be prepared from information in the register of electors established and maintained under section 20.1, or from information obtained by an enumeration carried out in accordance with section 20.16, or in part from the register of electors and in part from an enumeration.

20(3)When the preliminary lists of electors have been prepared, the returning officer shall provide one machine readable copy of the list for each polling division in the electoral district to each recognized party which has an officially nominated candidate in the electoral district and to each independent candidate who has been officially nominated in the electoral district.

20(4)Not later the fourteenth day before ordinary polling day, the Chief Electoral Officer shall cause to be sent to each person on the preliminary list of electors for a polling division a notice in the prescribed form advising each person of the polling division and polling station for which he or she is listed as being eligible to vote.

20.5(1)On or before March 31 in each year, the Chief Electoral Officer shall send one machine readable copy of the list of electors, as taken from the register of electors,

20.5(2)The lists of electors referred to in subsection (1) shall set out each elector’s surname, given names, sex, civic address and mailing address, if different from the civic address.

20.5(3)This section does not apply if the date mentioned in subsection (1) falls during a general election, or if the poll at a general election was held during the three months preceding that date.

20.6(1)The register of electors shall be updated and maintained from information

20.6(2)On the recommendation of the Chief Electoral Officer the Lieutenant-Governor in Council may by regulation amend Schedule C, including adding, changing or deleting the name of any department, agency or any other source of information, or the type of information contained therein.

20.6(3)On request by the returning officer, the administrator of a treatment centre shall provide the following information with respect to each resident or patient of the centre to the returning officer for the purposes of updating and maintaining the register of electors or a preliminary list of electors:

20.8(1)Where the Chief Electoral Officer collects information from provincial departments and agencies listed in Schedule C the Chief Electoral Officer shall not add a new elector to the register of electors unless:

20.8(2)This section does not apply in respect of the adding of a new elector

20.9(1)Any person may at any time request that the Chief Electoral Officer include that person in the register of electors, by providing

20.9(2)In addition to the information referred to in subsection (1), the Chief Electoral Officer may invite the person to provide his or her telephone number, and previous civic address, if any, but the person is not required to do so.

20.12(1)The Chief Electoral Officer shall delete from the register of electors the name of any person who

20.12(2)The Chief Electoral Officer may delete from the register of electors the name of any person who fails to reply to a request referred to in paragraph 20.11(b) within sixty days.

20.15(1)The Chief Electoral Officer may enter into an agreement with the Chief Electoral Officer for Canada concerning the acquisition of information contained in the federal Register of Electors or any list of electors established under the statutes of Canada where that information is necessary or desirable to assist in establishing or maintaining the provincial register of electors or a list of electors for a provincial election or plebiscite, and concerning the provision of information contained in the provincial register of electors where that information is necessary or desirable to assist in establishing or maintaining a list of electors for a federal election or referendum.

20.15(2)The Chief Electoral Officer may, for the purpose of ensuring the protection of personal information given in accordance with an agreement mentioned in subsection (1), include in the agreement any conditions that the Chief Electoral Officer considers appropriate regarding the use that may be made of that information.

20.15(3)Information provided to the Chief Electoral Officer for Canada in accordance with an agreement mentioned in subsection (1) may be used only for the purpose of updating the federal Register of Electors or for establishing a list of electors for an election or a referendum held under the statutes of Canada.

20.16(1)The Chief Electoral Officer may with the consent of the Lieutenant-Governor in Council at any time direct a general enumeration to be conducted throughout the Province, or may direct a returning officer to conduct an enumeration in any polling division or part of a polling division to identify electors residing in that area.

20.16(2)An enumeration under subsection (1),

20.16(3)An enumeration under subsection (1) shall be conducted in accordance with the procedures prescribed by the Chief Electoral Officer.

34(1)The preliminary list of electors for each polling division in an electoral district shall be open for revision on application to a revision officer from and including the day on which the returning officer receives the preliminary list to and including the fourth day before ordinary polling day.

34(2)During the period for revision of the preliminary lists of electors, a revision officer shall make information about individual electors available to the individual concerned for confirmation or correction.

34(3)On request, a revision officer shall indicate to any person if the name of any other person is included on the preliminary list of electors, but shall not disclose the address of any person named in the preliminary list to any other person without the consent of the person named.

35(1)During the period for revision of the preliminary lists of electors, a revision officer shall dispose of the following types of applications:

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.

36(1)A revision officer shall record all additions to, corrections to and deletions from a preliminary list of electors in accordance with the procedures prescribed by the Chief Electoral Officer and shall prepare, for each polling division in the electoral district, a revised list of electors which incorporates all of the changes to the preliminary list of electors.

36(2)A revised list of electors shall be prepared on the tenth day before ordinary polling day and on the third day before ordinary polling day.

36(3)A revised list of electors shall be prepared under this section regardless of whether any changes have been made to the preliminary list of electors.

42(1)In all polling divisions, the revised list of electors shall be the official list of electors which shall be used for taking votes on the advance polling days and the ordinary polling day.

42(2)A political party or a candidate who has been furnished with copies of the preliminary and official lists of electors may use the lists for communicating with electors during the election period, including communications for the purpose of soliciting contributions and recruiting party members, but for no other purpose.

42.1(1)As soon as possible after ordinary polling day, the Chief Electoral Officer shall prepare a final list of electors for each electoral district, which list shall include the surnames, given names, sex, civic addresses and mailing address, if different from the civic address, of all electors whose names have been included in or added to the official list of electors by the close of polls on ordinary polling day.

42.1(2)The Chief Electoral Officer shall send one copy of the final list of electors to the elected member in respect of his or her electoral district and, on request, send one copy of the list to each registered political party.

42.1(3)A political party or a member who has been furnished with a copy of the final list of electors may use the list for communicating with electors outside an election period, including communications for the purpose of soliciting contributions and recruiting party members, but for no other purpose.

43(1)Except as hereinafter provided every person is qualified to vote and entitled to have his name placed on the list of electors for the polling division in which he ordinarily resides at the time of the preparation and revision of the list of electors therefor, if he

43(2)The following persons are disqualified from voting and shall not vote:

45(1)If, when the preliminary lists of electors are being prepared, a person is residing in a treatment centre or in a lodging, hostel, home or institution conducted for charitable or semicharitable purposes, and is expected to continue to reside there until the day of the election, the person, if otherwise qualified as an elector, is entitled to have his or her name entered on one of the following lists of electors:

45(2)If a person is duly registered and in attendance at a recognized educational institution, and for those purposes resides in a polling division other than that in which he or she ordinarily resides, the person, if otherwise qualified as an elector, is entitled to have his or her name entered on one of the following lists of electors:

45(3)A candidate, and a spouse or dependant of the candidate who lives with him or her and who is qualified as an elector, are entitled

46(1)No person shall, for the purpose of this Act, be deemed to be ordinarily resident in the Province, if occupying quarters or premises that are generally occupied by him only during some or all of the months of May to October, inclusive, and generally remain unoccupied during some or all of the months of November to April, inclusive, unless

46(2)A person shall not be deemed to have gained a residence in the Province, or in an electoral district, if he has come into the Province for temporary purposes only, without the intention of making the Province, and some place in the electoral district, his home.

48.1(1)No person is eligible to be a member of the Legislative Assembly or to sit or vote in the Legislative Assembly who is a mayor or councillor of a local government.

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 Treasury Board, and by proof by affidavit in the form prescribed by regulation that,

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.

52(1)The returning officer or an election clerk shall receive the nominations of candidates at an office of the returning officer at any time between the date of the proclamation and the close of nominations, after which time, no further nominations will be received.

52(3)At the close of the time for nominating the candidates the returning officer shall deliver to every candidate, or the agent of a candidate applying therefor, a certified list of the names of the candidates who have been nominated.

52(4)Any votes given at the election for any person other than a duly nominated candidate are null and void.

54(1)A candidate nominated may withdraw at any time not later than forty-eight hours before the opening of the poll by filing with the returning officer a declaration in writing to that effect, signed by himself and attested by the signatures of two qualified electors in the electoral district; and any votes cast for a candidate who has so withdrawn are null and void.

54(2)The deposit of a candidate so withdrawing is forfeited.

54(3)If, after the withdrawal, there remains but one candidate, the returning officer shall return as duly elected the candidate so remaining, without waiting for the day fixed for holding the poll.

54(4)When a candidate has withdrawn after the notice of the granting of the poll and the ballot papers have been printed, the returning officer shall advise the appropriate poll officials of the electoral district of the withdrawal.

54(5)On polling day, the poll officials shall post notices of the withdrawal in conspicuous places in the polling station and, when delivering a ballot paper to an elector, shall inform the elector of the withdrawal.

55(1)Where a candidate dies after the close of nomination and before the poll has closed, the returning officer, upon being satisfied of the fact of the death and with the consent of the Chief Electoral Officer, shall countermand notice of the poll, and fix another day for the nomination of candidates but no fresh nomination is necessary in the case of a candidate who stood nominated at the time of the countermand of the poll.

55(2)Notice of the day fixed, which shall not be more than one month from the death of the candidate nor less than twenty days from the issue of the notice, shall be given by a further proclamation distributed and published as required by section 18, and in addition to the new day for nomination there shall also be named by such proclamation a new polling day, which shall be the seventeenth day after the day fixed for the nomination.

55(3)The election, in other respects, shall be held in accordance with the provisions of this Act.

55(4)The lists of electors to be used at such postponed election shall be the official lists of electors prepared and revised after the issue of the writ.

55(5)Full particulars of any action taken under this section shall be reported by the returning officer to the Chief Electoral Officer with the return of the writ.

57(1)If more candidates than one are nominated in the manner required by this Act, the returning officer shall grant a poll for taking the votes of the electors.

57(2)Within five days after the poll has been granted, the Chief Electoral Officer shall publish a notice of grant of poll in at least one newspaper circulated in each electoral district indicating

57(3)During the normal operating hours of an office of the returning officer, the returning officer shall permit a candidate or an elector to examine and consult, in the office, the notice of grant of poll.

59(1)The poll for each polling division shall be held at a polling station located in a court house, municipal hall, school or other public building or, if none is available, in any other suitable building.

59(1.1)Each polling station shall

59(1.2)Upon the request of the Chief Electoral Officer, the Minister of Education and Early Childhood Development or any person authorized by the Minister of Education and Early Childhood Development to do so shall make available for use as a polling station any public school if such use does not disrupt instructional time for students.

59(2)The returning officer shall designate for each polling division a suitable polling station or stations having regard to the convenience of the voters in such polling division.

59(4)Each polling station shall contain one or more compartments so arranged that each elector may be screened from observation, and may, without interference or interruption, mark his ballot paper.

59(5)For the use of electors in marking their ballot papers, each compartment shall be provided with a table or desk with a hard smooth surface and a black lead pencil, kept properly sharpened throughout the hours of polling, a black pen or other marking device provided by the Chief Electoral Officer.

59(6)On an ordinary polling day or an advance polling day, the polls shall be open from 10 a.m. until 8 p.m., and, during that time, the poll officials appointed for a polling station shall receive in the prescribed manner the votes of the electors duly qualified to vote at that polling station.

59(7)If for any reason the opening of a poll is delayed past 10 a.m., the poll supervisor shall notify the returning officer of the reason for the delay, shall make a record of the hour at which the poll is opened and shall keep the poll open for voting for 10 full hours after it opens.

59(8)At the time of the closing of a poll, if there are any electors in the polling station or in line at the door who have not voted since their arrival at the polling station, the poll shall be kept open a sufficient time to enable them to vote, but a person who is not present at the time of closing shall not be allowed to vote, even if others are still voting when he or she arrives.

61(1)As soon as convenient after the issuance of the writ, the returning officer shall appoint any of the following poll officials that are necessary for the holding of the poll:

61(2)No person who is under the age of 18 years shall be appointed as a poll supervisor.

61(3)A person appointed under this section shall be paid for his or her services according to the fees prescribed by regulation.

61(4)Nothing in this section prevents a person from holding more than one appointment under this section.

61(5)Before noon on the seventh day following the issuance of the writ, authorized officers of the registered district association associated with each registered political party may file with the returning officer for their electoral district a list of nominees for appointment as poll officials under this section.

61(6)Any person may apply to the returning officer to be appointed as a poll official.

61(7)The returning officer shall appoint those persons to the positions listed in subsection (1) that he or she considers appropriate and, to the extent possible, shall appoint to each polling station at least one nominee from each of the registered political parties that were, immediately before the commencement of the election period, the governing party and the party of the official opposition.

61(8)When the returning officer appoints nominees from the registered political parties in accordance with subsection (7), he or she shall ensure, to the extent possible, that at each polling station there are an equal number of poll officials appointed from the parties that were, immediately before the commencement of the election period, the governing party and the party of the official opposition.

61(9)Before acting as a poll official, every person appointed under this section shall take an oath in the prescribed form.

61(10)At least 2 days before the ordinary polling day, the returning officer shall post in each of his or her offices a list of the names and addresses of the poll officials, showing the polling station for which each of them is appointed, and shall permit, up to the opening of the poll, free access to and afford full opportunity for inspection of the list by a candidate, agent or elector during normal operating hours.

61(11)Not later than the tenth day before ordinary polling day, the returning officer shall furnish each candidate with a list of the poll officials assigned to the advance polls, showing the polling station for which each of them is appointed.

61(12)If the returning officer makes changes in the appointments of poll officials after the list has been furnished to the candidates and posted, he or she shall notify each candidate without delay and correct the posted list.

62(1)The Chief Electoral Officer shall provide the returning officer in each electoral district with the required ballot boxes.

62(2)Every ballot box shall be made of durable material and shall have a slit or narrow opening in the top, so constructed that the ballot papers may be introduced therein, but cannot be withdrawn therefrom unless the metal or plastic seal is broken.

62(4)The property in ballot boxes and all election documents is vested in the Crown.

63(1)The Chief Electoral Officer, or a returning officer acting on the instructions of the Chief Electoral Officer, shall prepare or have prepared a sufficient number of ballot papers for each electoral district.

63(2)The ballot paper shall be in the prescribed form and shall comply with the requirements of this section.

63(3)The Chief Electoral Officer shall provide the returning officer or the printer with the paper on which ballot papers shall be printed.

63(4)The ballot paper shall have the following printed on it:

63(5)The names and political affiliations of the candidates shall appear on the ballot paper, and the names of the candidates

63(6)The names of candidates of recognized parties shall be arranged in the following order on the ballot paper:

63(7)If there are any independent candidates, their names shall appear on the ballot paper below those of the candidates of the recognized parties in alphabetical order according to the first letter of the candidate’s surname.

68(1)On delivering the printed ballot papers to the Chief Electoral Officer or a returning officer, the printer shall also provide a declaration containing the following information and documents:

68(2)When received by a returning officer, a declaration shall be immediately transmitted to the Chief Electoral Officer.

68.1(1)The Chief Electoral Officer shall arrange for the printing of braille facsimiles of the ballot papers for each electoral district and shall deliver to the returning officer one braille facsimile of the ballot paper for each polling station in the electoral district.

68.1(2)The person preparing braille facsimiles of any ballot paper, on delivering such facsimiles to the Chief Electoral Officer shall file a statutory declaration stating that the braille facsimiles are true and accurate representations of the printed ballot papers, the number of braille facsimiles prepared, the name of the person or persons who prepared the braille facsimiles, and that no copies of the braille facsimiles of the ballot papers have been provided to any person except the Chief Electoral Officer.

68.2(1)The Chief Electoral Officer may provide those assistive devices or services in each electoral district that he or she considers necessary to enable electors with visual, hearing or other impairments to vote independently.

68.2(2)Taking into consideration the nature, cost and availability of the necessary assistive devices and services, the Chief Electoral Officer may direct that any or all of these devices or services will only be available for an electoral district at an office of the returning officer or at designated polling stations.

71(1)In accordance with the procedures prescribed by the Chief Electoral Officer, the returning officer shall distribute the materials and equipment received under section 70 and the lists of electors and the ballot papers for each polling station to the appropriate poll officials.

71(2)Until the opening of the poll, a poll official who receives materials, equipment or documents under subsection (1) shall keep them in his or her possession and shall take every precaution for their safekeeping and to prevent any person from having unlawful access to them.

74(1)If the scrutineers and the electors entitled to be present during polling hours in the room where the poll is held as representatives of parties or candidates are in attendance at least fifteen minutes before the hour fixed for the opening of the poll, they are entitled to inspect the ballot box, the ballot papers, and all other papers, forms and documents relating to the poll.

74(2)A candidate may himself undertake the duties that a scrutineer, if appointed, might have undertaken.

75(1)The Chief Electoral Officer shall cause to be posted in a conspicuous place in each polling station during the hours that it is open, instructions to electors regarding the proper method of voting.

75(2)Approximately 15 minutes before the poll is open in a polling station where ballots are to be counted by hand, the ballot counting officer shall show all other election officers, candidates and scrutineers present that the ballot boxes are empty and shall seal the boxes, which boxes shall remain sealed and in public view until the close of polls, after which they shall be dealt with in accordance with the procedures prescribed by the Chief Electoral Officer.

75(3)Approximately 15 minutes before the poll is open in a polling station where ballots are to be counted by a vote tabulation machine, the poll supervisor or vote tabulation machine officer shall prepare the vote tabulation machine for polling in accordance with the procedures prescribed by the Chief Electoral Officer, so as to demonstrate to all other election officers, candidates and scrutineers present that no votes have been recorded on the machine, and then he or she shall open the machine for the purpose of accepting votes.

75(4)On the opening of a polling station, if the ballot boxes have been sealed or the vote tabulation machine has been opened, as the case may be, the poll supervisor shall call on the electors to vote.

75(5)On entering a polling station, a person shall state his or her name and address to a voters list officer, who shall verify if the person’s name is on the official list of electors.

75(6)If the person’s name is on the official list of electors for that polling station, the voters list officer shall strike off the person’s name on the list and direct the person to a ballot issuing officer.

75(7)If the person’s name is not on the official list of electors for that polling station, the person may apply under subsection 75.01(1) to have his or her name added to the list.

75.01(1) A person may apply to have his or her name added to the official list of electors for a polling station by completing an application to be added to the list and a declaration of qualification to vote, in the prescribed forms, and

75.01(2)An application under subsection (1) shall be made to a voters list officer, a poll revision officer or the poll supervisor.

75.01(3)An elector may vouch for more than one person under paragraph (1)(b) if the elector personally attends at the polling station with each person to be vouched for and takes an oath in the prescribed form with respect to each person to be vouched for.

75.01(4)If a scrutineer or an election officer has reason to believe that a person applying to vote is not qualified to vote, at all or at that polling station, he or she shall require the person to take an oath in the prescribed form confirming the person’s qualification to vote.

75.01(5)A person who refuses to take an oath under subsection (4) when required to do so may not vote.

75.01(6)If a person applies to vote and that person’s name has been struck off on the list of electors as having voted, the person may vote if he or she does the following:

75.01(7)The voters list officer or poll revision officer shall keep a record of any person who applies to vote under this section and shall note in the record if the person took the oath.

75.02(1)A ballot issuing officer shall give each elector a ballot paper for the electoral district in which the elector is qualified to vote, explain how to mark the ballot paper, and direct the elector to a voting compartment where the elector can mark the ballot paper without being observed by another person.

75.02(2)An elector who makes a mistake in marking a ballot paper may return it to the ballot issuing officer who issued the ballot paper, who shall mark it as a “spoiled ballot paper” and give the elector a new ballot paper.

75.02(3)When an elector has marked his or her ballot paper,

75.02(4)No elector shall vote more than once at the same election.

75.1(1)During the time that an ordinary, advance or additional poll remains open, no telephone, including a cellular phone, or other telecommunications device shall be used in the room where the poll is held, except by the following people:

75.1(2)If an election officer has been designated under paragraph (1)(b), he or she shall use the telephone or other device in accordance with the directions of the designator.

79(1)On the list of electors, the voters list officer or the poll revision officer shall do the following:

79(2)If a person is required to take an oath under subsection 75.01(4), the voters list officer or the poll revision officer shall record the following information in the record of objections:

80(1)If an elector’s name appears on the list of electors for a polling station that is not physically accessible by the elector, the returning officer or election clerk may issue a transfer certificate to the elector entitling the elector to vote at another polling station in the same electoral district that the elector is able to access.

80(2)The returning officer or election clerk who issues a transfer certificate shall complete the certificate, dating and signing it, consecutively number the certificate in the order of its issue and keep a record of it, and no blank certificate shall be issued.

80(3)The returning officer or election clerk shall indicate on the list of electors those electors to whom a transfer certificate has been issued or, if that list has been delivered to the appropriate poll officials, deliver to the poll supervisor a duplicate of the certificate, who shall provide the duplicate to the appropriate voters list officer or poll revision officer.

80(4)Immediately on receiving a duplicate transfer certificate, the voters list officer or the poll revision officer shall add to the list of electors the name of the elector to whom it has been issued and indicate that the elector will vote under the authority of a transfer certificate.

80(5)Before being allowed to vote, a person entitled to vote under the authority of a transfer certificate shall surrender his or her certificate to the voters list officer or the poll revision officer.

80(6)When a vote is polled under the authority of this section, the voters list officer or the poll revision officer shall enter on the list of electors opposite the voter’s name an indication that the voter voted under a transfer certificate, giving the number of the certificate.

80(7)No person who has obtained a transfer certificate is entitled to vote at the polling station for which his name originally appeared on the list of electors, except on producing the certificate and delivering it to the voters list officer or the poll revision officer at that polling station.

81(1)Every candidate, officer, clerk, scrutineer or other person in attendance at a polling station or at the counting of the votes shall maintain and aid in maintaining the secrecy of the voting, and shall not attempt to obtain, or communicate or attempt to communicate, any information as to the candidate for whom any elector has voted.

81(2)Except as provided in section 83, no elector shall during the time he is in the polling station disclose in any manner the name of a candidate for whom he intends to vote or has voted.

81(3)Every person who contravenes or fails to observe any provision of this section is guilty of an illegal practice.

83(1)If an elector requires assistance to mark his or her ballot paper, he or she shall be assisted by an election officer at the polling station or, if the elector prefers, by another person chosen by the elector.

83(2)A person assisting an elector under this section, other than an election officer, shall take an oath in the prescribed form to mark the elector’s ballot paper in accordance with the elector’s directions and to keep that elector’s vote secret.

83(3)A person other than an election officer may assist only one elector to vote.

85(1)If an elector speaks neither English nor French, the poll supervisor, if possible, shall appoint an interpreter who shall be the means of communication between the election officers and the elector with respect to all matters required to enable the elector to vote.

85(2)The Interpreter shall take the oath following:

86(1)Every employee who is a qualified elector shall, while the polls are open on polling day at an election, have three consecutive hours for the purpose of casting his vote, and if the hours of his employment do not allow for such three consecutive hours, his employer shall allow him such additional time for voting as may be necessary to provide three consecutive hours.

86(2)No employer shall make any deduction from the pay of any such employee nor impose upon or exact from him any penalty by reason of absence from his work during such consecutive hours.

86(3)Any additional time for voting shall be granted at the convenience of the employer.

86(4)This section extends to railway companies and their employees, except such employees as are actually engaged in the running of trains and to whom such time cannot be allowed without interfering with the manning of the trains.

86(5)Any employer who, directly or indirectly, refuses, or by intimidation, undue influence, or in any other way, interferes with the granting to any elector in his employ, of the consecutive hours for voting, as in this section provided, is guilty of an illegal practice and of an offence.

87.51(1)Subject to subsections (2) and (3), the returning officer shall appoint 4 or more special voting officers in the following manner:

87.51(2)The returning officer

87.51(3)If the lists of nominees filed under subsection 61(5) are unable to provide the returning officer with a sufficient number of appointees to provide adequate additional voting opportunities to electors in the electoral district, the returning officer may appoint special voting officers from the applicants under subsection 61(6).

87.51(4)The special voting officers are responsible for administering the additional polls and the special ballot voting in the electoral district.

87.51(5)When the vote of an elector is taken by special voting officers outside an office of the returning officer, it shall be taken by 2 special voting officers.

87.51(6)When it is possible to do so, the returning officer shall ensure the following:

87.52(1)The ballot papers that are to be used in the electoral district on ordinary polling day shall be the ballot papers used for voting at additional polls and shall be the special ballot papers issued to electors under section 87.61.

87.52(2)The Chief Electoral Officer may prescribe a write-in special ballot paper to be used by electors who wish to vote at an election before the ballot papers referred to in subsection (1) are available.

87.53(1)Before the first day of advance polls, if there are any treatment centres in an electoral district, the returning officer, in consultation with the administrator of or person appointed by each centre, shall determine if an additional poll is required to take the vote of the residents or patients of the centre and, if it is required, shall fix the day, time and place for holding the additional poll at the centre.

87.53(2)When an additional poll is held in a treatment centre where residents or patients are unable to move about on their own, the special voting officers shall do the following:

87.53(3)Despite section 72, only the following persons may accompany a polling station as it moves from room to room in a treatment centre:

87.53(4)If, in the opinion of the administrator or person appointed by the treatment centre, it is considered advisable to do so, the special voting officers may limit those present at a polling station to the following persons:

87.53(5)On the close of an additional poll at a treatment centre, the administrator of or person appointed by the centre shall sign a statement certifying that all the electors who are a resident or a patient of the centre, who were present at the time fixed for the additional poll and who wished to vote were given an opportunity to vote.

87.53(6)A special voting officer shall sign the statement referred to in subsection (5) after it has been signed by the administrator of or person appointed by the treatment centre.

87.53(7)When an additional poll is to be held under this section, the returning officer shall do the following:

87.53(8)When an additional poll is held under this section, the special ballot papers used shall be the special ballot papers used for the electoral district in which the treatment centre is located.

87.53(9)An elector who is temporarily resident in a treatment centre at the time of an election may vote in the electoral district in which he or she is ordinarily resident by applying for a special ballot paper under section 87.6.

87.54(1)Before the first day of advance polls, the returning officer, in consultation with the Chief Electoral Officer, shall determine if an additional poll should be held in the electoral district at any of the following for the convenience of electors:

87.54(2)If it is determined that an additional poll should be held under this section, the returning officer shall fix the day, time and place for holding the additional poll.

87.54(3)When an additional poll is to be held under this section, the returning officer shall do the following:

87.54(4)When an additional poll is held under this section, the special voting officers shall set up the polling station to take the vote, at the fixed day, time and place, of any electors served by the poll who choose to vote at the polling station.

87.54(5)When an additional poll is held under this section, the special ballot papers used shall be the special ballot papers used for the electoral district in which the poll is located.

87.55(1)An additional poll shall be conducted in accordance with the procedures prescribed by the Chief Electoral Officer.

87.55(2)Special voting officers shall provide any necessary assistance to electors in accordance with section 83.

87.55(3)Special voting officers shall count and report the votes cast at an additional poll in accordance with the provisions respecting special ballots in section 87.64 and the procedures prescribed by the Chief Electoral Officer.

87.55(4)An elector who is a resident or a patient of a treatment centre, community or region where an additional poll is to be held may vote as follows:

87.6(1)An elector may apply in the manner and form prescribed by the Chief Electoral Officer to a special voting officer for a special ballot paper for the electoral district in which the elector ordinarily resides.

87.6(2)An application under subsection (1) may be made at any time after the writ is issued and shall be made in time to permit the return of the special ballot paper to the special voting officers no later than 8 p.m. on ordinary polling day.

87.6(3)When applying for a special ballot paper, a person who is qualified to vote and whose name does not appear on the list of electors for the electoral district in which the person ordinarily resides may apply to have his or her name added to the list in accordance with subsection 75.01(1).

87.61(1)Before issuing a special ballot paper, a special voting officer shall ensure that the applicant’s name appears on the list of electors for the electoral district in which the applicant ordinarily resides and shall ensure that the applicant has not previously voted at the election.

87.61(2)A special voting officer shall issue a special ballot paper by doing one of the following:

87.61(3)Despite subsection (2), the special voting officers may issue a special ballot paper by personally delivering it to an elector outside an office of the returning officer if they are satisfied that the elector will be unable to attend the ordinary or advance polls due to the illness or incapacity of the elector or due to the illness or incapacity of a person for whose care the elector is primarily responsible.

87.61(4)On issuing a special ballot paper to an elector, a special voting officer shall record the following in the special ballot poll book:

87.61(5)If a special voting officer is unavailable, a returning officer or an election clerk may issue a special ballot paper to an elector under paragraph (2)(a) and shall take the vote of an elector in the same manner as a special voting officer under subsection 87.62(1).

87.61(6)If a special ballot paper is issued to an elector under paragraph (2)(b), the following shall be issued with the special ballot paper:

87.62(1)If a special ballot paper is issued to an elector in accordance with paragraph 87.61(2)(a) or subsection 87.61(3),

87.62(2)If a special ballot paper is issued to an elector under subsection 87.61(3), 2 special voting officers shall be present to take the vote of the elector.

87.62(3)On receipt of a special ballot paper issued under paragraph 87.61(2)(b), an elector shall do the following:

87.62(4)On receipt of a certificate envelope, the special voting officers, acting together, shall ensure the following:

87.62(5)If the special voting officers are satisfied that the requirements of subsection (4) have been fulfilled, they shall do the following: