BILL 60



An Act to Amend the Elections Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1Section 2 of the Elections Act, chapter E-3 of the Revised Statutes of New Brunswick, 1973, is amended

(a)by adding the following definitions in alphabetical order:

"advisory committee" means the advisory committee on the political process established under section 154;

"final list of electors" means the list of electors prepared by the Chief Electoral Officer under subsection 42(2) setting out for each electoral district the names and civic address of each elector on the list of electors by the closing of the polls on polling day;

"register of electors" means the register established under section 20.1;

"special ballot poll book" means the book, in the form prescribed by regulation, in which the names of the persons voting under section 87.3 are recorded;

(b)by repealing the definitions "appointed official", "Minister", "revising agent", "revisal district", "revising officer", "rural polling division", "urban polling division" and "write-in ballot poll book";

(c)by repealing the definitions "election officer", "elector", "list of electors", "official list of electors" and "preliminary list of electors" and substituting the following:

"election officer" includes the Chief Electoral Officer, the Assistant Electoral Officer and every returning officer, election clerk, supervisory deputy returning officer, deputy returning officer, poll clerk, information officer, constable, enumerator or any other person having any duty to perform under this Act to the faithful performance of which duty he or she may be sworn;

"elector" means

(a)a person who is qualified to vote at an election under this Act, whether or not his or her name is on the register of electors or on a list of electors, or

(b)a person who, based on information available under this Act, the Chief Electoral Officer has reason to believe is qualified to vote at an election under this Act, unless and until satisfactory evidence to the contrary is made available to the Chief Electoral Officer or any returning officer;

"list of electors" means the preliminary list of electors, the official list of electors, or the final list of electors;

"official list of electors" means a copy of the preliminary list of electors prepared by the Chief Electoral Officer or a returning officer together with a copy of the statement of changes and additions certified by the returning officer for each electoral district;

"preliminary list of electors" means a list of electors prepared in accordance with section 20;

2Section 5 of the Act is amended

(a)in subsection (1) by adding "on the recommendation of the Legislative Administration Committee or such other committee of the Legislative Assembly as may be de-termined by resolution of the Legislative Assembly from time to time" after "Chief Electoral Officer";

(b)by repealing subsection (3) and substituting the following:

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

(c)by adding after subsection (3) the following:

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).

(d)in subsection (4)

(i)in paragraph (a) by adding "and the administration of this Act" after "elections",

(ii)in paragraph (b.1) by striking out "urban".

3Paragraph 6(1)(a) of the Act is amended by striking out "who shall be subject to the Civil Service Act".

4Subsection 9(5.1) of the Act is repealed.

5Paragraph 10(b) of the Act is amended by striking out "twelve" and substituting "six".

6Section 10.1 of the Act is amended by striking out "an appointed official" and substituting "an election officer, other than a returning officer or an enumerator,".

7Section 10.2 of the Act is repealed.

8Section 11 of the Act is amended

(a)in subsection (2) by striking out "substitute revising officer" and substituting "supervisory deputy returning officer";

(b)in subsection (3) by adding ", information officer", after "poll clerk".

9Subsection 15(1) of the Act is amended by striking out "Minister" and substituting "Chief Electoral Officer".

10Section 16(2) of the Act is amended by adding "with operating hours from nine o'clock in the morning until five o'clock in the afternoon all days except Sundays" after "the election".

11Subsection 17(6) of the Act is repealed.

12Paragraph 19(b) of the Act is repealed and the following substituted:

(b)sufficient supplies for any enumerators appointed under subsection 21(1), including record books and the necessary blank forms, and

13The heading "LIST OF ELECTORS" preceding section 20 of the Act is repealed and the following is substituted:

PRELIMINARY LIST

14Section 20 of the Act is repealed and the following substituted:

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.

15The Act is amended by adding after section 20 the following:

REGISTER OF ELECTORS

20.1The Chief Electoral Officer shall establish and maintain a register of electors in printed form, on film, by electronic means or otherwise, from which lists of electors for each polling division of each electoral district may be compiled for use in any election or plebiscite conducted in accordance with this Act or the Municipal Elections Act.

20.2The register of electors shall contain information about persons who are ordinarily resident in the Province who, based on information available under this Act, the Chief Electoral Officer has reason to believe are qualified electors or will be qualified electors on satisfying age or residency requirements.

20.3The register of electors may be established from any or all of

(a)a general enumeration throughout the province or an enumeration of part or all of any electoral district conducted in accordance with the provisions of this Act, or

(b)a list of electors that was prepared for an election, plebiscite, or referendum held under the statutes of the Province or Canada, to the extent that such a list includes electors who the Chief Electoral Officer has reason to believe have resided in the Province for at least six months.

20.4As soon as the establishment of the register of electors has been completed, the Chief Electoral Officer shall give notice of that fact in The Royal Gazette.

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

(a)to the elected member in respect of his electoral district, and

(b)on request, to each registered political party.

20.5(2)The lists of electors mentioned in subsection (1) shall set out, for each elector, the surname, given names, sex, civic address, and mailing address if different than the civic address, and shall be arranged according to the alphabetical order of surnames.

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.

UPDATING THE REGISTER

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

(a)that electors have given the Chief Electoral Officer through individual applications for registration or in the course of an enumeration carried out under section 20.16;

(b)that is held by the Chief Electoral Officer for Canada and that may be given to the Chief Electoral Officer for the province; or

(c)that is held by a provincial department or agency mentioned in Schedule C and that the Chief Electoral Officer considers reliable and necessary for updating the surname, given names, sex, date of birth, date of death, telephone number, and present or previous civic or mailing addresses of electors who are included in the register, or for identifying persons who may become eligible to be electors within six months by meeting age or residency requirements.

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.

20.7After polling day, the Chief Electoral Officer shall update the register of electors from any information obtained during the election period under this Act.

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:

(a)the Chief Electoral Officer sends the elector the information relating to that elector,

(b)the elector indicates that he or she wishes to be included in the register,

(c)the elector confirms, corrects or completes the information provided in paragraph (a) in writing, and returns it to the Chief Electoral Officer, and

(d)the elector provides the Chief Electoral Officer with a signed certification that the elector is a Canadian citizen.

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

(a)at to the elector's own request;

(b)at the time the register of electors is established under section 20.3; or

(c)based on a list of electors established under the statutes of the Province or Canada, to the extent that such list contains the surname, given names and civic address of an elector, and from which it can be presumed that the elector has resided in the province for at least six months.

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

(a)a signed certification, in the form prescribed by regulation, that he or she is a Canadian citizen, of the full age of eighteen years, has resided in the Province for at least six months and is not for any reason disqualified as an elector;

(b)his or her surname, given names, sex, date of birth, civic address, and mailing address if different than the civic address; and

(c)satisfactory proof of identity.

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.

20.10An elector may give the Chief Electoral Officer any changes to the information in the register of electors relating to that elector, and the Chief Electoral Officer shall make the necessary corrections to the register.

20.11The Chief Electoral Officer may at any time

(a)contact a person to verify the Chief Electoral Officer's information relating to that person; and

(b)request the person to confirm, correct or complete the information within sixty days after receiving the request.

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

(a)is not, or is no longer, qualified to vote at an election in the Province;

(b)requests in writing to have his or her name deleted from the register; or

(c)dies.

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.

20.13If an elector so requests in writing, information in the register of electors relating to that elector shall be used only for provincial, municipal, and federal electoral or referendum purposes.

20.14If a person so requests in writing, the Chief Electoral Officer shall send the person all the information in the Chief Electoral Officer's possession relating to that person.

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.

16The Act is amended by adding before section 21 the following:

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),

(a)if conducted during an election period, shall be used to prepare or revise the preliminary lists of electors throughout the province or in affected polling divisions; and

(b)if conducted outside of an election period, shall be used to establish or update the register of electors.

17The heading "ENUMERATORS" preceding section 21 of the Act is repealed and the following is substituted:

ENUMERATIONS

18Section 21 of the Act is amended

(a)by repealing subsection (1) and substituting the following:

21(1)Where the Chief Electoral Officer has directed that an enumeration be conducted, the returning officer responsible for each affected electoral district or polling division shall by writing in the prescribed form appoint such persons as enumerators as are necessary to carry out the enumeration, and such persons shall, before acting, take the oath in the prescribed form.

(b)in subsection (2) by striking out "the enumerators for each urban polling division shall, as far as possible, select one enumerator from each of the said lists" and substituting "enumerators for a polling division shall, as far as possible, select enumerators from such lists";

(c)in subsection (3) by striking out "The two enumerators appointed for an urban polling division shall", and substituting "Where two enumerators are appointed to enumerate a polling division or a part of a polling division, they shall";

(d)by repealing subsection (4) of the English version and substituting the following:

21(4)When making a house-to-house visitation, pursuant to the provisions of section 26 of this Act, each enumerator shall wear and prominently display an enumerator's badge provided by the Chief Electoral Officer as evidence of the enumerator's authority to register the names of electors residing in the polling division.

19Section 22 of the Act is repealed.

20Section 23 of the Act is amended by adding "or parts of polling divisions" after "polling divisions".

21The heading "PRELIMINARY LIST" preceding section 26 of the Act is repealed.

22Section 26 of the Act is amended

(a)by repealing subsection (1) and substituting the following:

26(1)Where an enumeration is directed, the enumerator or enumerators appointed to conduct such enumeration in any polling division or part of a polling division shall proceed forthwith in accordance with the terms of their appointment to ascertain the names of all persons residing in the designated enumeration area who are qualified under this Act to vote in that polling division, obtaining the information required by a house-to-house visitation, except to a public hospital, and from such other sources as may be available.

(b)by repealing subsection (2) and substituting the following:

26(2)An enumerator or enumerators shall leave at the residence of every person who applies to be registered as an elector and to have their name added to the list of electors a notice in the prescribed form signed by the enumerator or enumerators, and detached from the enumerator's record book, stating that such application has been granted, or refused, as the case may be, and indicating the location of the polling station, if applicable, at which the person may vote.

23Section 27 of the Act is amended

(a)by repealing subsection (1) and substituting the following:

27(1)The enumerator or enumerators of each enumerated area shall, within seven days of commencing the enumeration, not including Sundays or holidays, prepare and certify, in the prescribed form a complete list in alphabetical order of persons who are qualified as electors in the enumerated area.

(b)by repealing subsection (2) and substituting the following:

27(2)Enumerators shall list each enumerated elector under the surname and given name or names by which the elector is known in the polling division, and shall enter the civic address and the sex of each elector on the list.

(c)by repealing subsection (3) and substituting the following:

27(3)Where an elector requests that his or her name be included in the register of electors in addition to a list of electors to be prepared for an election, enumerators shall request additional information as to the date of birth, mailing address, previous civic address, date of becoming a resident of the Province and telephone number of each elector, but an elector is not required to provide such information if he or she certifies that he or she is of the full age of eighteen years and has resided in the province for at least six months.

(d)by repealing subsection (4).

24Section 28 of the Act is amended

(a)in the portion preceding paragraph (a) by striking out "an urban polling division, immediately after completing the preliminary list" and substituting "a polling division or part of a polling division, immediately after completing the list";

(b)by repealing paragraph (a).

25Section 29 of the Act is repealed.

26Section 30 of the Act is amended

(a)by repealing subsection (1) and substituting the following:

30(1)The returning officer shall, upon receipt from enumerators of the lists of enumerated electors in a polling division or part of a polling division,

(a)if the enumeration is conducted during an election period and throughout an entire polling division, use the list as the preliminary list of electors for that polling division;

(b)if the enumeration is conducted during an election period in only a part of a polling division, revise the preliminary list of electors provided by the Chief Electoral Officer for that polling division; or

(c)if the enumeration is conducted outside of an election period, deliver the lists to the Chief Electoral Officer to establish or revise the register of electors.

(b)by repealing subsection (2) and substituting the following:

30(2)Where an enumeration is conducted during an election period, the returning officer shall complete and prepare copies of the preliminary lists of electors for all polling divisions in the electoral district not later than Wednesday, the nineteenth day before polling day.

(c)by repealing subsection (3) and substituting the following:

30(3)The preliminary lists of electors shall be printed, in alphabetical order by surname, in accordance with the specimen forms supplied by the Chief Electoral Officer, and each copy of a preliminary list of electors for each polling division shall bear a certificate by the returning officer that such copy accurately sets out the names, civic address, and sex of each elector so far as they are known to reside in the polling division to which the list relates, but that the list is subject to revision during the revision period.

(d)in subsection (4) by striking out "printed" and "ten copies" and substituting "prepared" and "one paper copy and one machine readable copy" respectively;

(e)by repealing subsection (5) and substituting the following:

30(5)The Chief Electoral Officer, not later than Monday, the fourteenth day before polling day, shall cause to be delivered to each person on the preliminary list of electors for each polling division a notice in a prescribed form advising each person of the polling division and polling station for which they are listed as being eligible to vote.

(f)in subsection (6)

(i)by striking out "urban and rural",

(ii)by striking out "ten copies" and substituting "one paper copy and one machine readable copy";

(g)by repealing subsection (7).

27Section 31 of the Act is repealed.

28Section 31.1 of the Act is repealed.

29The heading "REVISING OFFICERS" preceding section 32 of the Act is repealed.

30Section 32 of the Act is repealed.

31Section 33 of the Act is repealed.

32The Act is amended by adding the heading "REVISION OF LISTS" preceding section 34.

33Section 34 of the Act is amended

(a)by repealing subsection (1) and substituting the following:

34(1)The preliminary lists of electors for each polling division in each electoral district shall be open for revision on application to either the returning officer or the election clerk, acting individually, from and including Wednesday, the twelfth day before polling day to and including the fourth day before polling day at the office of the returning officer during the regular operating hours of the office as described in subsection 16(2).

(b)by repealing subsection (2) and substituting the following:

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

(c)by adding after subsection (2) the following:

34(3)The returning officer shall, on request, 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.

34Section 35 of the Act is amended

(a)in subsection (1)

(i)in the portion preceding paragraph (a) by striking out "At the sittings for revision of the lists of an urban polling division, the revising officer shall dispose of", and substituting "During the period for revision of the preliminary lists of electors, the returning officer or election clerk shall dispose of",

(ii)in paragraph (a) by striking out "the enumerators" and substituting "an enumerator or enumerators",

(iii)by repealing paragraph (b.1),

(iv)in paragraph (c) by striking out "revisal" and substituting "electoral",

(v)by repealing paragraph (e) and substituting the following:

(e)any objection made on oath before the returning officer or election clerk in the prescribed form by a qualified elector whose name appears on a preliminary list of electors for the electoral district to the inclusion of any other name on the preliminary list of electors; if notice of such objection in the prescribed form, signed by the electoral officer, together with a copy of the oath of the elector who has made the objection, has been transmitted to the person, the inclusion of whose name on the list of electors is objected to, at the person's address as given on the preliminary list, not later than the eighth day before polling day of the sittings for revision, and

(b)in subsection (2) by striking out "revisal", and "revising officer" wherever it appears and substituting "returning" and "returning officer or election clerk" respectively;

(c)in subsection (3) by striking out "revising officer" wherever it appears and substituting "returning officer or election clerk".

35Section 36 of the Act is repealed and the following substituted:

36The returning officer and election clerk shall keep a record in the form prescribed by the Chief Electoral Officer on which each application for revision, and its disposition shall be noted, which record shall be termed the Record of Revisions.

36Section 37 of the Act is repealed.

37Section 39 of the Act is repealed and the following substituted:

39Not later than the third day before polling day, the returning officer shall prepare from the Record of Revisions the statement of changes and additions, in the prescribed form for each polling division in the electoral district, and shall complete the required certificate on each copy thereof.

38Section 40 of the Act is repealed.

39Section 41 of the Act is repealed and the following substituted:

41(1)The returning officer shall deliver or transmit one copy of the statement of changes and additions for each polling division in the electoral district to the appropriate deputy returning officer, together with the preliminary list of electors, enclosing the same in the ballot box for use on polling day.

41(2)The returning officer shall deliver or transmit one copy of the statement of changes and additions for each polling division in the electoral district to each party and candidate who has been furnished with copies of the preliminary lists of electors under subsection 30(4).

40Section 42 of the Act is amended

(a)in subsection (1) by striking out "urban and rural" and substituting "all";

(b)by repealing subsection (2) and substituting the following:

42(2)The Chief Electoral Officer shall, as soon as possible after polling day, prepare a final list of electors for each electoral district, which shall include the surnames, given names, sex, civic addresses, and mailing address if different from 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 polling day.

(c)by adding after subsection (2) the following:

42(2.1)The Chief Electoral Officer shall send one copy of the list to the elected member in respect of his or her district, and send on request, one copy of the list to each registered political party.

(d)by repealing subsection (3) and substituting the following:

42(3)Each political party and 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 members, but for no other purpose.

(e)by adding after subsection (3) the following:

42(4)Each political party and each member who has been furnished with a copy of the final list of electors pursuant to subsection (2) may use such list for communicating with electors outside of an election period, including communications for the purpose of soliciting contributions and recruiting members, but for no other purpose.

41Paragraph 43(1)(c) of the Act is amended by adding "or will have been" after "has been".

42Section 45 of the Act is amended

(a)by repealing subsection (1) and substituting the following:

45(1)Where at the time of preparation of the preliminary list of electors a person is residing in a treatment centre or in a lodging, hostel, home, or institution conducted for charitable or semi-charitable purposes, and is expected to so continue to reside until the day of the election, he is deemed to be ordinarily resident in the treatment centre or the lodging, hostel, home, or institution.

(b)by repealing subsection (2);

(c)by repealing subsection (3);

(d)by repealing subsection (4).

43Subsection 46(1) of the Act is amended by

(a)in the portion preceding paragraph (a) by striking out "a resident, at the date of the issue of the writ, in" and substituting "ordinarily resident in the Province, if occupying";

(b)in paragraph (b) by striking out ", at the date of the issue of the writ,".

44Subsection 48.1(2) of the Act is repealed.

45Section 51 of the Act is amended

(a)in subsection (5), in the portion preceding paragraph (a) by striking out "Minister" and substituting "Minister of Finance";

(b)in subsection (7) by striking out "Minister" and substituting "Minister of Finance";

(c)in subsection (8) by striking out "Minister" and substituting "Minister of Finance".

46Subsection 57(2) of the Act is amended

(a)by striking out the portion preceding paragraph (a) and substituting the following:

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

(b)in paragraph (a) by striking out "and" at the end of the paragraph;

(c)in paragraph (b) by striking out the period at the end of the paragraph and substituting a comma;

(d)by adding after paragraph (b) the following:

(c)the days and times fixed for the revision of the list of electors at the office of the returning officer, and that any electors who have not received a notice confirming that they are named on the list of electors for that electoral district

(i)may apply at the returning office during the revision period to have their names added to the list of electors for the polling division in which they ordinarily reside, and if they choose, to the register of electors, on providing proper identification, or

(ii)may vote at an advance or ordinary poll after having their names added to the list of electors for the polling division in which they ordinarily reside on an advance or ordinary polling day on providing proper identification;

(e)by adding after paragraph (c) the following:

(d)the information with respect to advance polls required under subsection 99(5), and

(f)by adding after paragraph (d) the following:

(e)that a special ballot may be applied for under section 87.1.

47Section 58 of the Act is repealed.

48Section 60 of the Act is amended

(a)in subsection (2)

(i)by repealing paragraph (a),

(ii)in paragraph (b) by striking out "in the case of a rural polling division,";

(b)by repealing subsection (3).

49The heading "DEPUTY RETURNING OFFICER AND POLL CLERKS" preceding section 61 of the Act is repealed and the following is substituted:

DEPUTY RETURNING OFFICERS,
SUPERVISORY DEPUTY RETURNING
OFFICERS AND POLL CLERKS

50Section 61 of the Act is amended

(a)by adding after subsection (1) the following:

61(1.1)Where four or more polling stations are located in one building, the returning officer may, by writing in the prescribed form executed under the returning officer's hand, appoint a supervisory deputy returning officer to coordinate and assist the work of the deputy returning officers and poll clerks assigned to the polling stations in that location.

(b)in subsection (2) by adding ", supervisory deputy returning officer" after "deputy returning officer";

(c)in subsection (3) by adding ", supervisory deputy returning officer" after "deputy returning officer";

(d)in subsection (4) by adding ", supervisory deputy returning officers" after "deputy returning officers", and by adding "or stations" after "polling station";

(e)in subsection (5) by adding ", supervisory deputy returning officers" after "deputy returning officers", and by adding "or stations" after "polling station";

(f)in subsection (6) by striking out "the returning officer, the returning officer may" and substituting "the returning officer, or supervisory deputy returning officer where one has been appointed, the returning officer or supervisory deputy returning officer may";

(g)in subsection (8) by adding after "deputy returning officers" ", supervisory deputy returning officers";

(h)in subsection (9) by striking out "deputy returning officer" and substituting "supervisory deputy returning officer where one has been appointed, or the deputy returning officer if there is no supervisory deputy returning officer";

(i)in subsection (10) by striking out "If the deputy returning officer" and substituting "If the supervisory deputy returning officer or deputy returning officer acting under subsection (9)";

(j)subsection (11) is repealed and the following substituted:

61(11)From nine o'clock in the morning until five o'clock in the afternoon on all days except Sundays, the returning officer shall permit any candidate or elector to examine and consult in the returning officer's office the notice of grant of a poll and the list of deputy returning officers, supervisory deputy returning officers and poll clerks, after they have been posted.

51Subsection 63(2) of the Act is amended by striking out the period at the end of the subsection and by adding ", and a small notch shall be cut from the right edge of the ballot paper next to each circular space."

52The Act is amended by adding after section 68 the following:

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.

53Section 69 of the Act is amended

(a)in paragraph (a) by adding "or a braille facsimile of a ballot paper" after "ballot paper";

(b)in paragraph (b) by adding "or a braille facsimile of a ballot paper" after "ballot paper";

(c)in paragraph (e) by adding "or a braille facsimile of a ballot paper" after "ballot paper".

54Section 70 of the Act is amended

(a)by repealing paragraph (c.1);

(b)by adding after paragraph (e) the following:

(e.1)one braille facsimile of the official ballot;

55Section 72 of the Act is amended by adding after paragraph (d) the following:

(d.1)the Chief Electoral Officer, the Assistant Electoral Officer, the returning officer, the election clerk, or a supervisory deputy returning officer; and

56Subsection 75.1(b) of the Act is amended by striking out "an appointed official" and substituting "any other election officer".

57Section 76 of the Act is amended

(a)by repealing subsection (2) and substituting the following:

76(2)Subject to subsection (3), a person shall not be allowed to vote in a polling division if his name does not appear on the official list of electors for such polling division unless he has obtained a transfer certificate pursuant to section 80 and fully complies with the provisions of subsection 80(5), and such certificate is delivered to the deputy returning officer before the elector is allowed to vote.

(b)in subsection (3)

(i)in the portion preceding paragraph (a) by adding "before a deputy returning officer or supervisory deputy returning officer" before "an oath",

(ii)in paragraph (a) by adding "or supervisory deputy returning officer" after "deputy returning officer".

58Section 76.1 of the Act is amended

(a)by repealing subsection (1);

(b)by repealing subsection (2);

(c)by repealing subsection (3);

(d)by repealing subsection (3.1);

(e)in subsection (4)

(i)by striking out the portion preceding paragraph (a) and substituting "A deputy returning officer or supervisory deputy returning officer shall not, under the authority of subsection 76(3), take the oath of any person",

(ii)in paragraph (a) by striking out "revising officer or a substitute revising officer" and substituting "returning officer or election clerk",

(f)by adding after subsection (4) the following:

76.1(5)A person's name shall be added to the official list of electors and the person shall be allowed to vote without being sworn under subsection 76(3) where through inadvertence the person's name was left off the official list of electors and where the deputy returning officer or supervisory deputy returning officer has ascertained from the returning officer that the carbon copy in the enumerator's record book or the affidavit of revisions shows that an omission has been made and

(a)a notice described under subsection 26(2) was issued by an enumerator or enumerators to the person, or

(b)the person applied personally or through an agent under the authority of paragraph 35(1)(c) to have his or her name included in the list of electors and his or her application has been accepted.

59The heading "WRITE-IN BALLOTS" preceding section 87.1 is repealed and the following is substituted:

SPECIAL BALLOTS

60Paragraph 87.1(3)(c) of the Act is amended by striking out "write-in" and substituting "special".

61Section 87.2 of the Act is repealed and the following substituted:

87.2(1)Notwithstanding section 63, each special ballot paper shall be in the form prescribed by regulation, and on its face shall be printed

(a)the names and political affiliations of all candidates in the electoral district in which the vote is to be counted,

(b)any question submitted to plebiscite, and

(c)appropriate spaces for the elector to indicate the elector's choice of candidate and the elector's answer to any question submitted to plebiscite.

87.2(2)The Chief Electoral Officer shall furnish to the returning officers the necessary paper for the printing of special ballot papers.

87.2(3)Such paper shall be water mark paper of sufficient weight so as not to reveal a pencil mark made on the front thereof when the paper has been folded.

62Section 87.3 of the Act is amended

(a)in subsection (1) by

(i)repealing paragraph (a),

(ii)repealing paragraph(b);

(b)in subsection (2) in the portion preceding paragraph (a) by striking out "by printing or writing," and by adding "to indicate" after "pen or pencil";

(c)in subsection (4) by striking out "the fourth day" and substituting "eight o'clock in the afternoon of Friday, the third day";

(d)in paragaph (5)(b) by striking out "write-in" and substituting "special";

(e)in subsection (6)

(i)in paragraph (b) by striking out "write-in" and substituting "special",

(ii)in paragraph (c) by striking out "write-in" and substituting "special".

63Section 87.4 of the Act is amended

(a)in subsection (3.2) by striking out "write-in" wherever it appears and substituting "special";

(b)in subsection (3.3) in the portion preceding paragraph (a) by striking out "write-in" wherever it appears and substituting "special";

(c)by repealing subsection (5).

64Section 88 of the Act is amended

(a)in subsection (1) in the portion preceding paragraph (a) by striking out "and every deputy returning officer," and substituting ", deputy returning officer and supervisory deputy returning officer" after "deputy returning officer";

(b)in subsection (2) by adding "the supervisory deputy returning officer, where one is appointed, or" after "authorize";

65Subsection 91(12) of the Act is amended by striking out "issue any warrant in payment of" and substituting "certify any account for payment for".

66Section 93 of the Act is amended

(a)in subsection (8) by striking out "final" and substituting "official";

(b)subsection (14) by striking out "special mail bags" and "bags" and substituting "special boxes or containers" and "boxes or containers" respectively.

67Section 96 of the Act is amended

(a)in subsection (1)

(i)in paragraph (f) by striking out "urban and rural", and by adding "where an enumeration was directed to be carried out" after "divisions",

(ii)by repealing paragraph (g),

(iii)by repealing paragraph (h) and substituting the following:

(h)the returning officer's and election clerk's record sheets and other papers relating to the revision of the lists of electors;

(b)by repealing subsection (6) and substituting the following:

96(6)The Chief Electoral Officer shall, on receiving the return of a member or members elected to the Legislative Assembly,

(a)publish in the next issue of The Royal Gazette a notice of the return and of the name of each candidate elected, and

(b)deliver the returns to the Speaker of the Legislative Assembly.

(c)in subsection (7) by striking out "Minister" and substituting "Speaker of the Legislative Assembly".

68Section 98 of the Act is amended

(a)by adding after subsection (1) the following:

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.

(b)in subsection (2) by striking out "No" and substituting "Except as provided in subsection (1.1), no".

69Section 99 of the Act is amended

(a)by repealing subsection (1) and substituting the following:

99(1)The returning officer of each electoral district shall, with the approval of the Chief Electoral Officer, group together the polling divisions in such number of advance polling districts as the returning officer deems necessary to enable the electors to vote at advance polling stations with a minimum of inconvenience.

(b)by repealing subsection (2);

(c)by repealing subsection (4) and substituting the following:

99(4)Advance polls shall be open at each advance polling station between the hours of ten o'clock in the forenoons and eight o'clock in the afternoons of Saturday, Monday, Tuesday, Wed-nes-day and Thursday the ninth, seventh, sixth, fifth and fourth days before the ordinary polling day.

(d)by repealing subsection (5) and substituting the following:

99(5)The returning officer shall include in the notice of grant of poll published under subsection 57(2),

(a)the numbers of the polling divisions comprised in each advance polling district in the electoral district;

(b)the location of each advance polling station and the days and hours when such stations will be open;

(c)the days and hours when the returning office will be open for the taking of additional advance polls;

(d)the place where the deputy returning officer of each advance polling station and the additional advance polls held in the returning office will count the votes cast at each such advance poll; and

(e)that the counting referred to in paragraph (d) will take place at eight o'clock in the afternoon of the ordinary polling day.

70Section 101 of the Act is amended by striking out "whose name appears on the official list of electors for" and substituting "who is ordinarily resident in".

71Section 102 of the Act is amended

(a)in subsection (1) in the portion preceding paragraph (a) by striking out "whose name appears on the list of electors prepared for" and substituting "who is qualified to vote in";

(b)by repealing paragraph (1)(e) and substituting the following:

(e)direct the poll clerk to keep a record in the poll book for the advance poll of every affidavit in the order in which it was taken and subscribed to.

(c)by adding after subsection (1) the following:

102(1.1)Where the name of a person who applies to vote at an advance poll does not appear on the official list of electors for any polling division in the advance polling district, the person applying to vote shall, before completing the affidavit required under subsection (1), apply to have his or her name added to the list of electors in accordance with subsection 76(3).

(d)by repealing subsection (3);

(e)by repealing subsection (4) and substituting the following:

102(4)The poll clerk shall immediately after an affidavit for voting at an advance poll in the prescribed form has been completed, enter in the poll book for the advance poll, the name, civic address and sex of the elector who completed the affidavit and the number of the polling division appearing in the affidavit.

72Section 103 of the Act is amended

(a)in subsection (6) by striking out "Record of Completed Affidavits for Voting at an Advance Poll" and substituting "the poll books for the advance polls";

(b)by repealing subsection (7) and substituting the following:

103(7)The deputy returning officer shall, at eight o'clock in the afternoon of the ordinary polling day, attend with his or her poll clerk at the place mentioned in the notice of grant of poll and there in the presence of such candidates and their scrutineers as may attend open the ballot box and the sealed envelopes containing ballot papers, count the votes and take all other proceedings provided by this Act for deputy returning officers and poll clerks in connection with the conduct of an election after the close of the ordinary poll.

(c)by adding after subsection (7) the following:

103(8)Subsections (1) through (7) apply equally to advance polls held in the returning officers' offices on the sixth, fifth and fourth days before the ordinary polling days, with the necessary modifications as to the referenced days.

73Section 104 is amended

(a)in subsection (1) by striking out "Records of Completed Affidavits for Voting at an Advance Poll" and substituting "poll books for the advance polls";

(b)in subsection (2) by striking out "Records of Completed Affidavits for Voting at an Advance Poll" and substituting "poll books for the advance polls";

(c)by repealing subsection (4) and substituting the following:

104(4)The returning officer shall, not later than Friday, the third day before the ordinary polling day, provide a list of all voters who have voted at advance polls held in the electoral district to each candidate officially nominated in his or her electoral district.

74Paragraph 107(a) of the Act is amended by adding "the register of electors or" after "included in".

75The Act is amended by adding after section 112 the following:

112.1Any person who uses a list of electors or the register of electors for any purpose other than those specifically provided in this Act commits an offence.

76Section 113 of the Act is amended by adding ", supervisory deputy returning officer" after "A returning officer".

77Subsection 116(1) of the Act is amended by striking out "list of electors".

78Section 123 of the Act is amended

(a)by repealing subsection (3) and substituting the following:

123(3)All such fees, costs, allowances and expenses shall be paid by separate cheques issued from the office of the Minister of Finance and sent directly to each person entitled to payment.

(b)in subsection (5) by striking out "; moreover, the Minister of Finance shall not pay any urban enumerator's account until after the revision of the lists of electors has been completed".

79Subsection 124(2) of the Act is amended by striking out "revising officer" and substituting "supervisory deputy returning officer".

80Paragraph 129(5)(b) of the Act is amended by striking out "and post the same in the same places as a notice of grant of poll would have been required to be posted" and substituting "and publish the same in the same manner as a notice of grant of poll would have been required to be published".

81The Act is amended by adding after section 153 the following:

ADVISORY COMMITTEE

154(1)An advisory committee on the electoral process is established.

154(2)The advisory committee shall consist of the Chief Electoral Officer and two representatives of each registered political party that had official candidates in at least one-half of all electoral districts at the immediately preceding general election.

155(1)The leader of each registered political party that had official candidates in at least one-half of all electoral districts at the immediately preceding general election shall, within fifteen days after the commencement day of each session of the Legislative Assembly, designate that party's representatives on the advisory committee by a certificate signed by the leader and filed with the Chief Electoral Officer.

155(2)No member of the Legislative Assembly, no member of the House of Commons, no officially nominated candidate in a provincial or federal election, and no official agent or campaign manager of a candidate or of a political party shall be a member of the advisory committee.

155(3)Persons appointed to the advisory committee pursuant to subsection (1) shall continue as members until fifteen days following the commencement day of the next ensuing session of the Legislative Assembly.

156The Chief Electoral Officer shall chair the advisory committee.

157Members of the advisory committee other than the Chief Electoral Officer shall be reimbursed for reasonable expenses incurred in the performance of their duties, and shall receive an attendance allowance, prescribed by the Lieutenant-Governor in Council, for each meeting of the committee.

158At the request of the chairperson, the advisory committee shall meet as often as is necessary for the proper exercise of its duties.

159The advisory committee shall give its advice and opinion on any matter or question posed by the Chief Electoral Officer relating to the electoral process and to the application of this Act.

160The advisory committee may make the results of its work public.

161The Chief Electoral Officer shall consult the advisory committee periodically with regard to the application of this Act.

82Schedule B of the Act is amended by adding after

112 F

the following:

112.1 E

83The Act is amended by adding after Schedule B the following:

SCHEDULE C

Provincial departments or agencies:

1)Department of Transportation, for name, address, sex, date of birth and other related information;

2)Department of Health and Community Services, Vital Statistics Branch, for name, address, sex, date of birth, date of death and other related information; and

3)Department of Municipalities, Culture and Housing, for address data and other related information.

An Act to Amend the Elections Act

84An Act to Amend the Elections Act, chapter 53 of the Acts of New Brunswick, 1997, is amended

(a)by repealing section 2;

(b)by repealing section 17.

Legislative Assembly Act

85The Legislative Assembly Act, chapter L-3 of the Revised Statutes, 1973, is amended

(a)in section 23 by striking out "Minister of Municipalities, Culture and Housing" and substituting "Chief Electoral Officer";

(b)in section 24 by striking out "Minister of Municipalities, Culture and Housing" and substituting "Chief Electoral Officer".

Motor Vehicle Act

86The Motor Vehicle Act, chapter M-17 of the Revised Statutes, 1973, is amended by adding after section 7 the following:

7.1The Registrar shall disclose to the Chief Electoral Officer or the Municipal Electoral Officer the name, address, date of birth, sex and other related information of a person found in any record of the Division for the purpose of establishing or maintaining a register of electors under the Elections Act or the Municipal Elections Act.

Vital Statistics Act

87The Vital Statistics Act, chapter V-3 of the Acts of New Brunswick, 1979, is amended by adding after section 40 the following:

40.1The Registrar General shall disclose to the Chief Electoral Officer or the Municipal Electoral Officer information respecting the name, address, sex, date of birth and date of death and other related information of any person.

88This Act comes into force on February 27, 1998.

EXPLANATORY NOTES

Section 1

(a)Definitions are added.

(b)The existing definitions are as follows:

"appointed official" includes a returning officer, election clerk, deputy returning officer, poll clerk, revising agent, revising officer, constable, qualification officer and any other person having any duty to perform pursuant to this Act who is appointed by the Chief Electoral Officer, the Assistant Electoral Officer, a returning officer or any of their appointees;

"Minister" means the Minister of Municipalities, Culture and Housing;

"revisal district" means a revisal district established by a returning officer pursuant to subsection 31(1);

"revising agent" means a revising agent appointed pursuant to section 31.1;

"revising officer" includes a substitute revising officer;

"rural polling division" means a polling division other than an urban polling division;

"urban polling division" means a polling division within a municipality having a population of five thousand or more, designated as an urban polling division by the Chief Electoral Officer;

"write-in ballot poll book" means the book, in the form prescribed by regulation, in which the names of the persons voting pursuant to section 87.3 are recorded.

(c)The existing definitions are as follows:

"election officer" includes the Chief Electoral Officer, the Assistant Electoral Officer and every returning officer, election clerk, deputy returning officer, poll clerk, enumerator, revising officer, or any other person having any duty to perform pursuant to this Act to the faithful performance of which duty he may be sworn;

"elector" means a person qualified to vote at an election whether or not his name is on a list of electors;

"list of electors" means either the preliminary list of electors or the official list of electors as the context requires;

"official list of electors" means,

(a)in an urban polling division, any copy of the printed preliminary list prepared by the enumerators together with a copy of the statement of changes and additions certified by the revising officer, and

(b)in a rural polling division, any copy of the preliminary list of electors prepared by the enumerator together with a copy of the statement of changes and additions certified by the enumerator;

"preliminary list of electors" means a list of electors prepared by enumerators pursuant to section 26;

Section 2

(a)The existing provision is as follows:

5(1)The Lieutenant-Governor in Council shall appoint a Chief Electoral Officer.

(b)The existing provision is as follows:

5(3)Subject to subsection (2), the Chief Electoral Officer is subject to the Civil Service Act.

(c)The new subsection 5(3.1) is a grandfathering clause. The Chief Electoral Officer who holds office immediately before the coming into force of the Act is deemed appointed under subsection 1.

(d)The existing provision is as follows:

5(4)The Chief Electoral Officer shall

(a)exercise general direction and supervision over the administrative conduct of elections,

(b.1)designate urban polling divisions,

Section 3

The existing provision is as follows:

6(1)The staff of the Chief Electoral Officer shall consist of

(a)an Assistant Electoral Officer appointed by the Lieutenant-Governor in Council who shall be subject to the Civil Service Act, and

Section 4

(a)The existing provision is as follows:

9(5.1)The appointment of a returning officer made before the commencement of this subsection expires on June 9, 1988.

Section 5

The existing provision is as follows:

10None of the following persons shall be appointed as election officers: ...

(b)persons who have not been resident for twelve months in the electoral district where they are to act;

Section 6

The existing provision is as follows:

10.1No person who is a family associate of a candidate may be appointed, act or continue to act as an appointed official in any electoral district in which a ballot may be cast for that candidate.

Section 7

The existing provision is as follows:

10.2Section 11 applies with the necessary modifications to an appointed official who is prohibited from acting or continuing to act by section 10.1.

Section 8

(a)The existing provision is as follows:

11(2)If such officer is an election clerk or a substitute revising officer the suspension or dismissal may be made by the Chief Electoral Officer or by the returning officer.

(b)The existing provision is as follows:

11(3)If such officer is an enumerator, a deputy returning officer, a poll clerk or a constable, the suspension or dismissal may be made by the returning officer.

Section 9

(a)The existing provision is as follows:

15(1)Where a vacancy in the Legislative Assembly is certified to the Minister as provided by section 24 of the Legislative Assembly Act, the Lieutenant-Governor in Council shall within one year from the date upon which the vacancy was so certified, direct the issue of a writ of election for the electoral district for which the vacancy occurred.

Section 10

(a)The existing provision is as follows:

16(2)On receiving the writ of election, the returning officer shall forthwith endorse thereon the date of his receipt thereof and send an acknowledgment of receipt to the Chief Electoral Officer, and shall forthwith open an office in some convenient place in the electoral district where the electors may have recourse to him, and shall maintain such office throughout the election.

Section 11

(a)The existing provision is as follows:

17(6)The Chief Electoral Officer shall communicate all such notifications to the Minister.

Section 12

(a)The existing provision is as follows:

19Immediately after the issue of a writ of election, the Chief Electoral Officer shall cause to be transmitted to every returning officer ...

(b)sufficient supplies for enumerators and revising officers, including record books, index books and the necessary blank forms, and

Section 13

The heading "LIST OF ELECTORS" is repealed.

Section 14

The existing provision is as follows:

20The returning officer shall, forthwith on receiving the writ, cause to be prepared preliminary lists of all persons who are qualified as electors in the polling divisions in his electoral district, in the manner hereinafter provided.

Section 15

The new sections 20.1 to 20.15 provide for the establishment and maintenance of a register of electors.

Section 16

The new section 20.16 provides that a general enumeration may be conducted throughout the province or any polling division or part of a polling division. The information collected during an enumeration may be used by the Chief Electoral Officer to establish or update the register of electors.

Section 17

The heading "ENUMERATORS" is replaced with "ENUMERATIONS".

Section 18

The existing provisions are as follows:

21(1)The returning officer shall by writing in the form prescribed by regulation appoint two persons for each urban polling division to prepare the preliminary list of the electors therein, and they shall, before acting, take the oath in the prescribed form.

21(2)Authorized officers of the registered district association in an electoral district associated with the government party and the registered political party whose candidates received the largest percentage of all votes cast in the previous general election, other than the government party, may file or cause to be filed with the returning officer for that electoral district, before noon on the second day next following the date of the writ, a list of nominees for the office of enumerator, and the returning officer for that electoral district in appointing the enumerators for each urban polling division shall, as far as possible, select one enumerator from each of the said lists.

21(3)The two enumerators appointed for an urban polling division shall, with relation to every process of the preparation of the list of electors, act jointly and not individually, and they shall report forthwith to the returning officer who appointed them the fact and details of any disagreement between them, whereupon the returning officer shall decide the matter of difference and shall communicate his decision to the enumerators who shall accept and apply it as if it had been originally their own.

21(4)When making a house-to-house visitation, pursuant to the provisions of section 26 of this Act, each enumerator shall wear and prominently display an urban enumerator's badge provided by the Chief Electoral Officer as evidence of his authority to register the names of the electors residing in the polling division.

Section 19

(a)The existing provision is as follows:

22The returning officer shall, by writing in the form prescribed by regulation appoint a person resident in the polling division to be enumerator for each rural polling division who shall, before acting, take the oath in the prescribed form.

Section 20

(a)The existing provision is as follows:

23Every returning officer shall make and keep a list of the names and addresses of all enumerators appointed by him, and of the polling divisions for which each is to act, and forthwith upon its completion shall mail a copy thereof to the Chief Electoral Officer.

Section 21

The heading "PRELIMINARY LIST" is repealed.

Section 22

The existing provisions are as follows:

26(1)Each enumerator or, in an urban polling division, each pair of enumerators acting jointly shall beginning on the seventh day before nomination day proceed to ascertain the names of all persons qualified under this Act to vote in the polling division for which he or they have been appointed, obtaining the information required,

(a)in urban polling divisions, by a joint house-to-house visitation except to a public hospital and from such other sources as may be available to them, leaving at the residence of every person who applies to be registered as an elector a notice in the form prescribed by regulation, signed by both enumerators, and detached from the enumerators record book, stating that such application has been granted, or refused, as the case may be, and indicating the location of the polling station, if available, at which the person may vote,

(b)in rural polling divisions, by a house-to-house visitation except to a public hospital and from such other sources of information as may be available to the enumerator,

(i)leaving at the residence of every person who applies to be registered as an elector a notice in the form prescribed by regulation, signed by the enumerator and detached from the enumerator's record book, stating that such application has been granted, or refused, as the case may be, and indicating the location of the polling station, if available, at which the person may vote, and

(ii)entering in an index book in the form prescribed by regulation, the names of the electors so ascertained, grouped according to the first letter of their respective surnames, together with the post office address, or the residence address if available, and the sex of each.

26(2)The enumerator of every rural polling division shall, before acting, post in three public places in the polling division a notice in the form prescribed by regulation that he is about to prepare a list of qualified electors in the polling division, which said list will be revised and corrected by him at a stated place where he will be found between the hours of ten o'clock in the forenoon and ten o'clock in the afternoon on the second day after nomination day.

Section 23

The existing provisions are as follows:

27(1)The enumerator, or enumerators, of every polling division shall, at least two days before nomination day, prepare, in a form prescribed by regulation, the complete list of the name, address and sex of each person who is qualified as an elector in the polling division, endorsing, signing and attaching to the completed list of names, a certificate in the form prescribed by regulation.

27(2)In urban polling divisions such lists shall be prepared in geographical order, that is by streets, roads and avenues, as in the form prescribed by regulation.

27(3)In rural polling divisions such lists shall be prepared in alphabetical order as in the form prescribed by regulation.

27(4)The enumerator or enumerators shall in such list register electors as follows:

(a)each elector shall be registered under the given name or names and surname by which the elector is known in the polling division;

(b)the address of each elector shall be entered on the list; and

(c)the sex of each elector shall be entered on the list.

Section 24

The existing provision is as follows:

28The enumerators of an urban polling division, immediately after completing the preliminary list referred to in section 27, shall

(a)post one certified copy of the list in a conspicuous place within their polling division to which place the public has access,

Section 25

The existing provision is as follows:

29The enumerator of a rural polling division, immediately after completing the preliminary list referred to in section 27, shall

(a)post one certified copy of the list at the place within the polling division designated by him in the notice in the form prescribed by regulation as the place where he may be found for the revision and correction of the list, attaching thereto a copy of the notice in that prescribed form,

(b)transmit or deliver to the returning officer the list together with a certified voucher of the enumerator's fees, according to the schedule prescribed by the Lieutenant-Governor in Council, and

(c)shall retain in his possession one copy of the list and keep it available for inspection by any interested person at all reasonable times.

Section 26

The existing provisions are as follows:

30(1)The returning officer shall, upon receipt of the copies of the preliminary lists of electors from the enumerators of each polling division

(a)retain one copy of each list, keeping it available for public inspection at his office at all reasonable hours until the close of the poll on polling day, and allowing any person to make a copy thereof, and

(b)use one copy of each list for the printing of the preliminary lists.

30(2)The returning officer shall wherever possible cause the preliminary lists for both urban and rural polling divisions to be printed, and shall have the printing thereof completed not later than Thursday, the eleventh day before polling day; the printing of the preliminary lists of electors shall be in accordance with the specimen forms supplied by the Chief Electoral Officer; the preliminary list of electors for every polling division printed by the returning officer shall bear the name and address of the printer and a certificate by the returning officer that such print accurately sets out the name, address and sex of each elector as prepared by the enumerator or enumerators for the polling division to which such list relates; the arrangement of names on the lists shall be as follows:

(a)in the case of urban polling divisions, the names of the electors shall be arranged on the printed preliminary lists in geographical order, that is, by streets, roads and avenues, as prepared by the enumerators in the form prescribed by regulation except as provided in subsection (7) in which case the names of the electors shall be arranged alphabetically; notices shall be printed at the top of the preliminary list for each urban polling division, setting forth the necessary details relating to the sittings for revision of the revising officer and the exact location of the polling station established in the urban polling division for the taking of the votes on polling day; and

(b)in the case of rural polling divisions, the names of the electors shall be arranged on the printed preliminary lists in alphabetical order, as in the preliminary lists prepared by the enumerators in the form prescribed by regulation.

30(3)Where by reason of lack of printing facilities or of time or for any other reason, a returning officer is unable to cause the preliminary list of electors for any polling division to be printed in accordance with the requirements of this Act, he shall, wherever possible and with the prior approval of the Chief Electoral Officer, cause such list to be reproduced by any other means, and a preliminary list so reproduced shall, for the purposes of this Act, be deemed, except in subsections (4) to (6), to be printed; the preliminary list for every polling division reproduced by the returning officer under this subsection shall bear a certificate by the returning officer that such reproduction accurately sets out all the names, addresses and sex of the electors as prepared by the enumerator or enumerators for the polling division to which such list relates; the arrangement of names on the lists shall be the same as is provided for printed preliminary lists by paragraphs (2)(a) and (b); where a preliminary list is reproduced in accordance with this subsection, the returning officer shall furnish the Chief Electoral Officer and each recognized party and independent candidate with two copies thereof.

30(4)When the preliminary lists of electors have been printed, the returning officer shall furnish ten copies thereof for each polling division in his electoral district to each recognized party which has officially nominated a candidate in the electoral district and to each independent candidate who has been nominated in the electoral district.

30(5)The returning officer, not later than Friday, the seventeenth day before polling day, shall, for an urban polling division, forward to the postmaster sufficient copies of a notice, in a form prescribed by regulation, for delivery to each mailing address within the division, advising persons at each address to inspect the preliminary list of electors for their polling division to ascertain whether they have been included on the list.

30(6)The returning officer shall, forthwith after the preliminary lists for the urban and rural polling divisions comprised in his electoral district have been printed, transmit to the Chief Electoral Officer ten copies of the preliminary lists.

30(7)In an urban polling division

(a)composed wholly of a large institution, or

(b)in which the residences of electors are not designated by street, road or avenue numbers, the returning officer shall instruct each pair of enumerators to prepare a complete list of the name, address and sex of each elector in such polling division in alphabetical order, as in the form prescribed by regulation.

Section 27

The existing provisions are as follows:

31(1)The returning officer of an electoral district containing urban polling divisions shall, as soon as possible after the receipt of a writ of election,

(a)advise the revising officer of the issue of the writ;

(b)group together the urban polling divisions in his electoral district into one or more revisal districts, and prepare descriptions of the boundaries of such revisal districts;

(c)appoint a place, to be known as the "revisal office", in each revisal district for the revision therein, but the revision of all or any number of such districts may be held at the same place;

(d)upon being notified by the revising officer of the names of all substitute revising officers appointed for his electoral district, cause to be printed a notice of revision in the form prescribed by regulation, describing the boundaries of each of the revisal districts established by him, giving the name and address of the revising officer for each district, and stating the location of the revisal office and the day and time during which the revisal office will be open;

(e)at least five days before the day fixed for the sittings for revision, cause a copy of the notice referred to in paragraph (d) to be published in at least one newspaper circulated in the electoral district of that returning officer and transmit or deliver five copies of the notice to each candidate who applies therefor;

(f)at least once during the five days before the day fixed for the sittings for revision, cause an advertisement to be published in at least one newspaper circulated in the electoral district of that returning officer bearing the name of the electoral district and advising electors whose names were not included on the preliminary list of electors for that electoral district to contact the returning officer at a stated address and telephone number on or before the day fixed for the sittings for revision.

31(2)The returning officer shall, forthwith after the preliminary lists for the urban polling divisions in his electoral district have been printed, furnish to each revising officer at least three copies of the printed preliminary list of electors for every polling division in his revisal district.

Section 28

The existing provisions are as follows:

31.1(1)Where it appears to the returning officer for an electoral district that the enumerators in one or more urban polling divisions in that electoral district failed to visit one or more particular geographic areas in their polling division and, as a result, the names of qualified electors were omitted from the preliminary list of electors the returning officer may, anytime before the day set for the sittings for revision of the lists of electors for the urban polling division in the electoral district appoint in writing in the prescribed form two persons to act as revising agents for that electoral district.

31.1(2)Before acting each revising agent shall take an oath in the form prescribed by regulation.

31.1(3)Upon being duly appointed and sworn the revising agents shall commence forthwith and continue until the day set for the sittings for revision of the lists of electors in the urban polling divisions in the electoral district, to visit each house or other residential dwelling place in every geographic area in the electoral district specified to them by the returning officer.

31.1(4)Where at any place in an urban polling division the revising agents are directed to visit pursuant to subsection (3) there is found any person who was entitled to have his name included on the preliminary list of electors for that polling division but whose name was not included and that person completes his application in the form prescribed by regulation, the revising agents shall jointly complete and swear their application in the form prescribed by regulation and present both completed forms to the appropriate revising officer during such times as he may be sitting pursuant to section 34.

31.1(5)Any revising agent who fails to comply with subsection (4) shall forfeit all right to any remuneration for his duties as revising agent.

31.1(6)The remuneration to be paid to revising agents for their duties as revising agents, including an allowance for expenses, shall be fixed by the Lieutenant-Governor in Council.

Section 29

The heading "REVISING OFFICERS" is repealed.

Section 30

The existing provisions are as follows:

32(1)For every urban polling division the Chief Electoral Officer shall in the form prescribed by regulation appoint a person to act as revising officer and such revising officer shall, before entering upon his duties, take the oath prescribed in the form prescribed by regulation.

32(2)For every rural polling division the preliminary list of electors shall be revised by the enumerator appointed for that division.

Section 31

The existing provisions are as follows:

33(1)The revising officer, upon being advised by the returning officer of the issue of a writ for an election in an electoral district containing urban polling divisions, and included within an area under his jurisdiction, shall forthwith determine the revisal district, if any, for which he is prepared to revise the list of electors, and shall appoint in writing in the form prescribed by regulation a substitute revising officer for every other revisal district, notifying the returning officer of the names of all revising officers together with the revisal district for which each is to act.

33(2)Every substitute revising officer shall be a person qualified as an elector in the electoral district, and before acting shall take and subscribe an oath in the form prescribed by regulation to be attached to or endorsed on his appointment, which appointment and oath shall be forwarded to the Chief Electoral Officer with the return of election.

Section 32

A new heading "REVISION OF LISTS" is added.

Section 33

(a) and (b)The existing provisions are as follows:

34(1)The sittings of the revising officers for the revision of the lists for urban polling divisions shall be held on the second day after nomination day

(a)from ten o'clock in the forenoon until noon,

(b)from two o'clock until five o'clock in the afternoon, and

(c)from seven o'clock until ten o'clock in the afternoon or until all applications have been disposed of, whichever is later.

34(2)The enumerator of every rural polling division shall attend at the place and time designated by him in the notice described in subsection 26(2) for the purpose of revising the list prepared by him.

(c)The new subsection 34(3) indicates that the address of any person named in the preliminary list of electors may not be disclosed to any other person without consent.

Section 34

The existing provisions are as follows:

35(1)At the sittings for revision of the lists of an urban polling division, the revising officer shall dispose of

(a)personal applications made by persons whose applications to have their names included in the preliminary list of electors have been refused by the enumerators,

(b)personal applications made by persons whose names were omitted from the preliminary list,

(b.1)sworn applications made by two revising agents for that revisal district appointed pursuant to section 31.1 in the form prescribed by regulation together with an application in the form prescribed by regulation signed by the person who claims to be entitled to be included in the list of electors,

(c)sworn applications in the form prescribed by regulation made by a qualified elector whose name appears on a preliminary list of electors for the revisal district on behalf of persons claiming the right to have their names included in the list of electors accompanied by a request in the form prescribed by regulation signed by the person who desires to be registered as an elector, which two Forms shall be written on the same sheet and shall be kept attached,

(d)verbal applications for the correction of names or particulars of electors appearing on the preliminary list,

(e)any objection made on oath before the revising officer in the form prescribed by regulation by a qualified elector whose name appears on a preliminary list of electors for the revisal district to the inclusion of any other name on the preliminary list of electors; if notice of such objection in the form prescribed by regulation, signed by the revising officer, together with a copy of the oath of the elector who has made the objection, has been transmitted by registered mail addressed to the person the inclusion of whose name on the list of electors is objected to, at his address as given on the preliminary list, not later than the fourth day before the day of the sittings for revision, and

(f)personal applications made by persons who object to their names being included in the preliminary list.

35(2)Every applicant under the provisions of paragraph (1)(a), (b), (c), (d) or (f) shall appear in person at the revisal office and answer to the satisfaction of the revising officer all such relevant questions as the revising officer shall deem necessary and proper to put to him.

35(3)Where an objection is made under paragraph (1)(e) the onus of establishing a ground to strike a name from the list is upon the elector making the objection and the non-attendance before the revising officer of the person whose name is objected to does not relieve the elector making the objection from establishing such ground by evidence that, in the absence of rebuttal evidence, is considered by the revising officer sufficient to establish that the name of the person objected to appears improperly on the preliminary list.

Section 35

The existing provision is as follows:

36The revising officer shall keep a record in the form prescribed by the Chief Electoral Officer upon which each application, as it is made, and its disposition, shall be noted, which record shall be termed the "Revising Officer's Record".

Section 36

The existing provision is as follows:

37The revising officer shall permit to be present in the revisal office during the sittings for revision two representatives of each recognized and opposed political interest in the electoral district, but no such representative has, except with the permission of the revising officer, any right to take part or intervene in the proceedings.

Section 37

The existing provision is as follows:

39The revising officer shall, immediately after the conclusion of his sittings and not later than the eleventh day before polling day,

(a)prepare from his record at least five plainly written or typewritten copies of the statement of changes and additions, in the form prescribed by regulation, for each urban polling division in his revisal district, and shall complete the certificate at the foot of each copy thereof,

(b)transmit or deliver to the returning officer the certified copy of the preliminary list of electors for each urban polling division delivered to him by the returning officer pursuant to section 21, together with the five certified copies of the statement of changes and additions for each such urban polling division, and every application or objection filed with him and all other documents in his possession relating to the revision of the list of electors for the various urban polling divisions in his revisal district.

Section 38

The existing provisions are as follows:

40(1)The enumerator of a rural polling division shall attend at the time and place designated by him for the revision of the list, and shall, at any time after he has posted his preliminary list, and before the close of his sitting for revision, on being fully satisfied from representations made to him by any credible person that the preliminary list as prepared by him requires amendment as hereinafter mentioned,

(a)add to such list in the index book, the name of any person who is qualified as an elector in the polling division at the election then pending, but whose name has been omitted from the preliminary list,

(b)strike from such list in the index book the name of any person who is not qualified as an elector in the polling division, and

(c)correct in the index book any inaccurate statement as to the name, address or sex of any person whose name properly appears in such list.

40(2)Any change that the enumerator makes in the preliminary list of electors shall be made by correcting the index book with ink of a colour different from that used in its preparation and shall be initialled and dated by him in the remarks column on the same line immediately after the correction is made.

40(3)The enumerators shall, after completing the revision of the preliminary list of electors, prepare from the index book at least five plainly written or typewritten copies of the statement of changes and additions, in the form prescribed by regulation completing the certificate at the foot of each copy thereof and, not later than the eleventh day before polling day, transmit or deliver to the returning officer the said statements, and the index book, duly certified in the form prescribed by regulation, which certificate shall be printed on the outside back cover of the said book, together with all other documents in his possession relating to the revision of the list of electors for his polling division.

Section 39

The existing provision is as follows:

41The returning officer, upon receipt of the five certified copies of the statement of changes and additions for each polling division in the electoral district, shall

(a)deliver one copy, together with the preliminary list of electors, to the appropriate deputy returning officer, enclosing the same in the ballot box for use on polling day, and

(b)immediately transmit or deliver one copy of each such statement to each party and candidate who has been furnished with copies of the preliminary lists of electors pursuant to subsection 30(4).

Section 40

(a) to (c)The existing provisions are as follows:

42(1)In urban and rural polling divisions, the preliminary lists and the statements of changes and additions together constitute the official list of electors, to be used for the taking of the votes on polling day.

42(2)If, after the sittings of the revising officer, it is discovered that the name of an elector to whom a notice described in paragraph 26(1)(a) has been duly issued by the enumerators has, through inadvertence, been left off the official list for an urban polling division, the returning officer shall, on an application made in person by the elector concerned, upon the production by such elector of the notice issued to him and signed by the two enumerators, and upon ascertaining from the carbon copy contained in the enumerator's record books in his possession that such an omission has actually been made, issue to such elector a certificate in the form prescribed by regulation entitling him to vote at the polling station for which his name should have appeared on the official list; the returning officer shall, at the same time, send a copy of such certificate to the deputy returning officer concerned and the official list of electors shall, for all purposes, be deemed to have been amended in accordance with such certificate; no such certificate shall be issued by the returning officer in the case of a name struck off the printed preliminary lists of electors by the revising officer during his sittings for revision.

42(3)If, after the sittings of the revising officer, it is discovered that the name of an elector who has personally applied to a revising officer, or on whose behalf a sworn application has been made by an agent pursuant to paragraph 35(1)(c) to have his name included in the list of electors, and whose application has been duly accepted by the revising officer during his sittings for revision, was thereafter inadvertently left off the official list of electors, the returning officer shall, on an application made in person by the elector concerned, and upon ascertaining from the revising officer's record sheets in his possession that such an omission has actually been made, issue to such elector a certificate in the form prescribed by regulation, entitling him to vote at the polling station for which his name should have appeared on the official list; the returning officer shall, at the same time, send a copy of such certificate to the deputy returning officer concerned and the official list of electors shall be deemed for all purposes to have been amended in accordance with such certificate.

(d)The new subsection 42(4) provides for the use of the final list of electors by members and political parties for soliciting contributions and recruiting members but for no other purpose.

Section 41

The existing provision is as follows:

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...

(c)has been ordinarily resident in the Province for six months immediately preceding the date of the election, and

Section 42

The existing provisions are as follows:

45(1)Where a person, for the ten days preceding the date of the writ, has been living and sleeping in a lodging, hostel, home or institution conducted for charitable or semi-charitable purposes, he is ordinarily resident on the date of the writ in the lodging, hostel, home or institution.

45(2)Where a person, for the ten days preceding the date of the writ, has been living and sleeping in a treatment centre, he is ordinarily resident on the date of the writ in the treatment centre.

45(3)Where a person is a school teacher, or the spouse or dependent of a school teacher, he or she is ordinarily resident on the date of the writ

(a)in the place where he or she is ordinarily resident within the meaning of section 44, or

(b)if for the purpose of teaching school under a contract with an educational authority, the teacher is living and sleeping in another polling division from that where he is ordinarily resident on the date of the writ, if he so elects, in the other polling division.

45(4)Where a person is on full time service with the Armed Forces of Canada, he is ordinarily resident on the date of the writ in the polling division where he is ordinarily resident within the meaning of section 44.

Section 43

The existing provision is as follows:

46(1)No person shall, for the purpose of this Act, be deemed to be a resident, at the date of the issue of the writ, in 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

(a)he is occupying such quarters in the course of and in the pursuit of his ordinary gainful occupation, or

(b)he has no quarters in any other electoral district to which, at the date of the issue of the writ, he might at will remove.

Section 44

The existing provision is as follows:

48.1(2)Subsection (1) does not apply so as to prevent from sitting and voting in the Legislative Assembly any person who, on the coming into force of this section, is both a member of the Legislative Assembly and a mayor or councillor of a municipality, but this exemption shall apply only until

(a)a municipal election or by-election is held, subsequent to the 1980 triennial municipal election, or

(b)an election is held under this Act,

in which the person is a candidate, whichever occurs first.

Section 45

The amendments are consequential on the amendments made in section 2 of this amending Act.

Section 46

(a) to (c)The existing provision is as follows:

57(2)Within two days after such poll has been granted the returning officer shall cause to be printed and published in the same manner as the proclamation was published under section 18, a notice in the form prescribed by regulation of his having granted such a poll, and indicating

(a)the names, addresses, occupations, and the party designations of the candidates in the order in which their names are to be placed on the ballot papers, and

(b)the several polling stations including mobile polling stations at which the poll will be taken within the various polling divisions.

(d)The new paragraph (c) provides that the Chief Electoral Officer must include in the notice of grant of poll that electors who have not received a notice confirming that they are named on the list of electors may have their names added to the list at the returning office or at an advance or ordinary poll.

(e)The new paragraph (d) provides that the Chief Electoral Officer must include in the notice of grant of poll the information listed under subsection 99(5) relating to advance polls.

(f)The new paragraph (e) requires that the Chief Electoral Officer publish in the notice of grant of poll that a special ballot may be applied for under section 87.1.

Section 47

The existing provision is as follows:

58The returning officer shall, as soon as possible, deliver or send by registered mail ten copies of the notice mentioned in subsection 57(2) to each candidate officially nominated.

Section 48

The existing provisions are as follows:

60(2)In such case the returning officer shall divide the list of electors for such polling division into as many separate lists as there are polling stations established under this section, and each list shall,

(a)in the case of an urban polling division, be divided numerically according to the consecutive number given to each elector on the official list of electors so that approximately an equal number of electors will be allotted to each polling station and the polling stations so established shall be designated by the number of the polling division to which shall be added the letters A, B, C, and so on;

(b)in the case of a rural polling division, be divided between two first letters of the surname of the electors, as they appear thereon, that is to say, between K and L, or between R and S, or as the case may be, the additional names on the statement of changes and additions being assigned to the appropriate list in accordance with their first letter, and the polling stations so established shall be designated by the number of the polling division to which shall be added the letters A to K, or L to R, or S to Z, in whatever way the list is divided.

60(3)In addition to the separate lists provided for in subsection (2), the returning officer shall prepare a list of electors in each urban polling division, arranging the list according to the alphabetical order of the surnames of the electors and indicating opposite the names the polling stations at which the electors are to vote.

Section 49

A new heading "DEPUTY RETURNING OFFICERS, SUPERVISORY DEPUTY RETURNING OFFICERS AND POLL CLERKS" is added.

Section 50

(a)The new subsection 61(1.1) provides for the appointment of a supervisory deputy returning officer where four or more polling stations are located in one building.

(b) to (j)The existing provisions are as follows:

61(2)An enumerator may be appointed as deputy returning officer or poll clerk.

61(3)Every deputy returning officer and every poll clerk shall, before acting as such, take and subscribe an oath in the forms prescribed by regulation that shall forthwith be returned to the returning officer.

61(4)The returning officer shall, at least two days before the day fixed for polling, post in his office a list of the names and addresses of the deputy returning officers, and of the poll clerks showing the polling station for which each is appointed, and shall permit free access to and afford full opportunity for inspection of the list by any candidate, agent or elector at any time up to the opening of the poll.

61(5)Not later than the seventh day after nomination day, the returning officer shall furnish each candidate with a certified list of all the deputy returning officers and poll clerks appointed by him and the number and address of the polling station where each of them is to act.

61(6)Where a deputy returning officer fails from any cause to perform his duties to the satisfaction of the returning officer, the returning officer may dismiss him, and in such event, or in the event of the death of the deputy returning officer, appoint another person instead as deputy returning officer, and if no such appointment is made before the opening of the poll, the poll clerk, without taking another oath of office, shall act as deputy returning officer...

61(8)Where a returning officer has to make changes in the appointments of deputy returning officers or poll clerks after he has furnished such list to the candidates and posted it up, he shall so notify each candidate forthwith and correct the list posted up, as the changes are made.

61(9)If, on polling day, a poll clerk dies or refuses or is unable to act, neglects to discharge his duties or fails to appear at the polling station, the deputy returning officer shall appoint another person whom he deems competent to act in his place.

61(10)If the deputy returning officer cannot find a person competent to act as poll clerk, the polling shall not be delayed or suspended on that account, and the deputy returning officer shall perform both functions, but he is entitled to be remunerated as deputy returning officer only.

61(11)From nine o'clock in the morning until noon and from one o'clock to five o'clock in the afternoon, on days that are not holidays, the returning officer shall permit any candidate or elector to examine and consult, in his office, the notice of grant of a poll and the list of deputy returning officers and poll clerks, after they have been posted up, and the electoral lists to be used at the voting.

Section 51

The existing provision is as follows:

63(2)The ballots shall be printed papers in the form prescribed by regulation; the face of the ballot shall be printed in black ink, and the names and political affiliations of the candidates and a small circular space at the right of the names of the candidates shall appear in the natural color of the paper.

Section 52

The new section 68.1 provides for the preparation of a braille facsimile of the ballot paper.

Section 53

The existing provision is as follows:

69Every one who

(a)forges, counterfeits, fraudulently alters, defaces or fraudulently destroys a ballot paper or the initials of the deputy returning officer signed thereon;

(b)without authority supplies a ballot paper to any person;

...

(e)fraudulently takes a ballot paper out of the polling station;...

is disqualified from voting at any election for a term of seven years thereafter and is guilty of an offence.

Section 54

(a)The existing provision is as follows:

70The returning officer shall furnish to each deputy returning officer, at least two days before polling day...

(c.1)in the case of a polling station in an urban polling district, a copy of the list of electors in the polling division, prepared in accordance with subsection 60(3);

(b)The new paragraph (e.1) requires the returning officer to furnish a braille facsimile of the official ballot.

Section 55

The new paragraph (d.1) provides that the Chief Electoral Officer, the Assistant Electoral Officer, the returning officer, the election clerk and a supervisory deputy returning officer may be present at the poll.

Section 56

The existing provision is as follows:

75.1No telephone, including a cellular telephone, or any other device that may be used to communicate directly or indirectly with another person shall be used in any room where a poll, including a mobile poll, is held during the time the poll remains open except

(a)by the deputy returning officer;

(b)by an appointed official as directed by the deputy returning officer; or

(c)where such use is approved in writing by the Chief Electoral Officer.

Section 57

The existing provisions are as follows:

76(2)Subject to subsection (3), in an urban polling division a person shall not be allowed to vote if his name does not appear on the official list of electors for such polling division unless

(a)he has obtained a transfer certificate pursuant to section 80 and fully complies with the provisions of subsection 80(5),

(b)he has obtained from the returning officer a certificate in the form prescribed by regulation issued pursuant to subsection 42(2) or a certificate in the prescribed form issued pursuant to subsection 42(3), or

(c)he has obtained from the qualification officer a certificate in the form prescribed by regulation issued pursuant to section 76.1,

which certificate shall be delivered to the deputy returning officer before the elector is allowed to vote.

76(3)In any polling division a person who is qualified to vote in the electoral district in which an election is pending and is, on polling day, ordinarily resident in the polling division may, notwithstanding that his name does not appear on the official list of electors for such polling division, vote at the polling station established therefor if he takes and subscribes an oath in the form prescribed by regulation, and

(a)presents proper identification to the deputy returning officer, or

(b)is vouched for by an elector whose name appears on the official list of electors for such polling division and who personally attends with him at the polling station and takes and subscribes an oath in the form prescribed by regulation.

Section 58

(a) to (e)The existing provisions are as follows:

76.1(1)The revising officer appointed for an urban polling division, or a substitute revising officer appointed by the revising officer and designated by him to so act, shall act on polling day as a qualification officer and shall hold sittings from ten o'clock in the forenoon until eight o'clock in the afternoon, at which time applications may be made by persons whose names were omitted from the official list of electors for the polling division.

76.1(2)The qualification officer shall permit to be present in his office during the sittings referred to in subsection (1) two representatives of each recognized and opposed political interest in the electoral district, but no such representative has, except with the permission of the qualification officer, any right to take part or intervene in the proceedings.

76.1(3)Where an applicant under subsection (1) personally appears before the qualification officer, answers to the satisfaction of the qualification officer such questions as the qualification officer considers necessary and proper to put to him, takes and subscribes an oath in the form prescribed by regulation, and

(a)presents proper identification to the qualification officer, or

(b)is vouched for by an elector whose name appears on the list of electors for the polling division in which the applicant would be qualified to vote and who personally attends with him before the qualification officer and takes and subscribes an oath in the form prescribed by regulation,

and where the qualification officer is satisfied that the applicant is a qualified voter in the polling division, the qualification officer shall issue a certificate in the form prescribed by regulation.

76.1(3.1)An elector may vouch for more than one applicant under paragraph (3)(b) if the elector personally attends before the qualification officer with each applicant to be vouched for and subscribes an oath in the form prescribed by regulation with respect to each applicant vouched for.

76.1(4)A certificate shall not be issued under this section to any person

(a)who appeared before a revising officer or a substitute revising officer pursuant to section 35 and whose application to be placed on the list of electors for the polling division was refused;

(b)on behalf of whom an application was made under section 35 by a qualified elector to have that person's name included on the list of electors for the polling division, and such application was refused; or

(c)whose name appeared on the preliminary list of electors but was removed pursuant to an application by a qualified elector pursuant to section 35 objecting to the inclusion of the person's name on the list of electors for the polling division.

(g)The new subsection 76.1(5) allows for a person's name to be added to the official list of electors without being sworn where the person's name was left off the list through inadvertence.

Section 59

The heading "WRITE-IN BALLOTS" is replaced with \xc7 SPECIAL BALLOTS\xc8 .

Section 60

The existing provision is as follows:

87.1(3)Prior to issuing a ballot paper the returning officer shall ...

(c)enter in the write-in ballot poll book

(i)the elector's name and address, and

(ii)the name and number of the polling division in which the elector resides, and

Section 61

The existing provision is as follows:

87.2Notwithstanding section 63, each ballot paper shall be in the form prescribed by regulation and on its face shall contain a space in which may be written

(a)Repealed: 1985, c.45, s.18.

(b)the name of the candidate for whom the elector votes, and

(c)the answer to any question submitted to plebiscite.

Section 62

The existing provisions are as follows:

87.3(1)A returning officer issuing a ballot paper pursuant to an application under section 87.1 shall provide with the ballot paper

(a)a list of all candidates in the electoral district in which the vote is to be counted,

(b)a copy of the exact wording of any question submitted to plebiscite,

(c)a sheet of instructions as to how the elector is to vote, and

(d)a ballot envelope and a certificate envelope in the form prescribed by regulation.

87.3(2)On receipt of the ballot paper issued under section 87.1 the elector shall mark the ballot by printing or writing, in the space provided on the face of the ballot paper, in pen or pencil,

(a)the name of the candidate for whom the elector votes, and

(b)the answer to any question submitted by plebiscite.

87.3(3)After marking the ballot paper in accordance with subsection (2) the elector shall

(a)place the marked ballot paper in the ballot envelope,

(b)seal the ballot envelope,

(c)place the ballot envelope in the certificate envelope, and

(d)complete and sign the certificate and seal the certificate envelope.

87.3(4)Subject to subsection (4.1), the sealed certificate envelope shall be returned to the returning officer of the electoral district in which the vote is to be counted no later than the fourth day before polling day.

87.3(4.1)Where an elector is admitted to a public hospital during the period that falls within the fourth day before polling day and forty-eight hours before the closing of the poll, the certificate envelope may be returned to the returning officer of the electoral district in which the vote is to be counted no later than forty-eight hours before the closing of the poll.

87.3(5)The returning officer shall, on receipt of the certificate envelope, satisfy himself that

(a)the certificate envelope is properly completed,

(b)the name on the certificate envelope is the same as that of an elector already recorded in the write-in ballot poll book, and

(c)the signature of the person signing the certificate envelope is the signature of the elector who has made application under section 87.1.

87.3(6)Where the returning officer is satisfied in accordance with subsection (5), he shall

(a)sign the certificate,

(b)enter on the list of electors the words "write-in ballot" opposite the name of the elector, and

(c)record in the write-in ballot poll book in the appropriate column the date he received the certificate envelope.

Section 63

The existing provisions are as follows:

87.4(3.2)Write-in ballots shall be counted on polling day at the office of the returning officer as soon as possible after the counting of the ballots cast at the advance polls, at which time a deputy returning officer who presided over an advance poll shall attend with his clerk and, in the presence of the returning officer and such candidates and their agents as may attend, count the votes and take all other proceedings provided by this Act for deputy returning officers and poll clerks in connection with the conduct of an election after the close of the ordinary poll, except that such statements and other documents as other provisions of this Act may require to be made and to be written in or attached to the poll book shall be made in the write-in ballot poll book.

87.4(3.3)There shall be a ballot box provided for the counting of write-in ballots in each electoral district, and immediately prior to counting the write-in ballots the deputy returning officer shall, in full view of those present,

(a)open the ballot box and ascertain that there are no ballot papers or other papers or material contained therein,

(b)seal the ballot box with a metal or plastic seal prescribed by the Chief Electoral Officer, and

(c)place the ballot box on a table in full view of all present and keep it so placed until all ballots have been placed in the ballot box.

(c)The existing provision is as follows:

87.4(5)Notwithstanding section 90 or any other provision of this Act respecting the manner in which ballots are to be marked in order to be counted, a ballot marked in conformity with the provisions of subsection 87.3(2) and upon which appears the signature of a returning officer is to be counted as a vote for the candidate whose name appears thereon, and as a vote on any question submitted to plebiscite.

Section 64

The existing provisions are as follows:

88(1)Every returning officer and every deputy returning officer, from the time he takes his oath of office until completion of the performance of his duties as such officer, is a conservator of the peace invested with all the powers appertaining to a justice of the peace, and he may...

88(2)The returning officer may appoint, or may authorize the deputy returning officer to appoint, a constable or constables to maintain order in any polling station throughout polling day, and where three or more polling stations are located in the same premises at least one constable shall be so appointed.

Section 65

The existing provision is as follows:

91(12)If any deputy returning officer omits to enclose within the ballot box, and in the proper envelopes provided for that purpose, any of the documents mentioned in this section, or omits to seal the ballot box and deliver it, he shall, in addition to any other punishment to which he may be liable, forfeit all right to payment for his services as such officer; and the returning officer shall not issue any warrant in payment of the services of such deputy returning officer if it appears that the omission was made by reason of any want of good faith on the part of the deputy returning officer.

Section 66

(a)The existing provision is as follows:

93(8)When the final addition of the votes has been completed, the official statements of the poll, or copies thereof used as such addition, will be arranged in the order of the entry upon the recapitulation sheets and kept ready for transmission to the Chief Electoral Officer.

(b)The existing provision is as follows:

93(14)The returning officer shall, if no recount is ordered, on the seventh day following the official addition of the votes, remove the large envelopes from the ballot boxes and transmit them to the Chief Electoral Officer in special mail bags provided for that purpose, which bags shall be closed and sealed in such manner as the Chief Electoral Officer prescribes.

Section 67

(a)The existing provision is as follows:

96(1)The returning officer, immediately after the sixth day next following the date upon which he has completed the official addition of the votes, unless before that time he has received notice that he is required to attend before a judge for the purpose of a recount or final addition, and, where there has been a recount or final addition, then immediately thereafter, shall forthwith declare elected the candidate who obtained the largest number of votes, by completing the return to the writ on the form provided for that purpose on the back of the writ and shall then transmit by registered mail the following documents to the Chief Electoral Officer:

(f)the enumerator's record books used in urban and rural polling divisions;

(g)the index books prepared by enumerators in rural polling divisions;

(h)the revising officers' record sheets and other papers relating to the revision of the lists of electors in urban polling divisions;

(b)The existing provision is as follows:

96(6)The Chief Electoral Officer shall, on receiving the return of a member or members elected to the Legislative Assembly, publish in the next issue of The Royal Gazette a notice of the return and of the name of each candidate elected.

(c)The existing provision is as follows:

96(7)The Minister shall lay the returns of all elections before the Legislative Assembly at the next session after such election.

Section 68

(a)The new subsection 98(1.1) provides that the Chief Electoral Officer may use information to establish or update the register of electors.

(b)The existing provision is as follows:

98(2)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).

Section 69

(a)The existing provision is as follows:

99(1)The returning officer of each electoral district shall, subject to subsection (2),

(a)with respect to urban polling divisions, establish an advance polling district in each revisal district, and

(b)with respect to rural polling divisions, with the approval of the Chief Electoral Officer, group together the polling divisions in such number of advance polling districts as he deems necessary to enable electors to vote at advance polling stations with a minimum of inconvenience.

(b)The existing provision is as follows:

99(2)In an electoral district that contains both urban and rural polling divisions the returning officer may, with the approval of the Chief Electoral Officer, include in the advance polling district for a revisal district any rural polling division that it is desirable to so include.

(c)The new subsection (4) provides that additional advance polls will be provided. The new subsection specifies the days and times during which the polls will be opened. The existing provision is as follows:

99(4)Advance polls shall be open between the hours of ten o'clock in the forenoons and eight o'clock in the afternoons of Saturday and Monday, the ninth and seventh days before the ordinary polling day, and shall not be open at any other time.

(d)The existing provision is as follows:

99(5)The returning officer shall, after nomination day and not later than Wednesday, the twelfth day before the ordinary polling day,

(a)give a public notice in the form prescribed by regulation setting out

(i)the numbers of the polling divisions comprised in each advance polling district in the electoral district,

(ii)the location of each advance polling station and the days and hours when such stations will be open,

(iii)the place where the deputy returning officer of each advance polling station will count the votes cast at such polling station, and

(iv)that the counting referred to in subparagraph (iii) will take place at eight o'clock in the afternoon of the ordinary polling day;

(b)cause such notice to be published in at least one newspaper circulated in the electoral district.

Section 70

The existing provision is as follows:

101Any elector whose name appears on the official list of electors for a polling division comprised in an advance polling district who has reason to believe that he will be absent from and unable to vote in such polling division during the hours prescribed for voting on the ordinary polling day may vote at the advance polling station in such district if, before casting his vote, he takes and subscribes to an affidavit for voting at an advance poll in the form prescribed by regulation.

Section 71

(a) and (b)The existing provision is as follows:

102(1)The deputy returning officer, upon being satisfied that a person who applies to vote at an advance polling station is a person whose name appears on the list of electors prepared for a polling division comprised in the advance polling district, shall

(e)direct the poll clerk to keep a record, called the "Record of Completed Affidavits for voting at an Advance Poll" on the form prescribed by the Chief Electoral Officer, of every such affidavit in the order in which it was taken and subscribed to.

(c)The new subsection 102(1.1) provides that a person may have his name added to the list of electors at an advance poll even if his name is not on the official list.

(d)The existing provision is as follows:

102(3)There shall be no poll book supplied to or kept at an advance poll, but the poll clerk at the advance poll shall, under the direction of the deputy returning officer, preserve each completed affidavit for voting at an advance poll, in the prescribed form, and mark thereon such notations as he would be required by this Act to mark opposite the elector's name in the poll book at an ordinary station.

(e)The existing provision is as follows:

102(4)The poll clerk shall, immediately after an affidavit for voting at an advance poll, in the prescribed form, has been completed, enter in Record of Completed Affidavits for Voting at an Advance Poll the name, address and sex of the elector who completed the affidavit and the number of the polling division appearing in the affidavit.

Section 72

(a) and (b)The existing provisions are as follows:

103(6)As soon as possible after the close of advance polls at eight o'clock in the afternoon of Monday, the seventh day before the ordinary polling day, the returning officer shall cause to be collected the Record of Completed Affidavits for Voting at an Advance Poll, in the most expeditious manner available, from the deputy returning officer of every advance polling district established in his electoral district.

103(7)The deputy returning officer shall, at eight o'clock in the afternoon of the ordinary polling day attend with his poll clerk at the place mentioned in the Notice of Holding of Advance Poll required by subsection 99(5), and there in the presence of such candidates and their scrutineers as may attend open the ballot box and the sealed envelopes containing ballot papers, count the votes and take all other proceedings provided by this Act for deputy returning officers and poll clerks in connection with the conduct of an election after the close of the ordinary poll, except that such statements and other documents as other provisions of this Act may require to be made and to be written in or attached to the poll book shall be made in a special book of statements and oaths relating to advance polls prescribed by the Chief Electoral Officer.

(c)The new subsection 103(8) provides for additional advance polls.

Section 73

The existing provisions are as follows:

104(1)As soon as the returning officer has collected the Records of Completed Affidavits for Voting at an Advance Poll pursuant to subsection 103(6) and before the lists of electors are placed in the ballot boxes to be distributed to ordinary polling stations, he shall strike off such lists the names of all electors appearing in such records.

104(2)If the ballot boxes have been distributed to the ordinary polling stations, the returning officer shall notify each deputy returning officer concerned by the best means available of the names of the electors appearing in the Record of Completed Affidavits for Voting at an Advance Poll that are on the list of electors for his polling station and shall instruct him to strike those names off such list, and each deputy returning officer so instructed shall forthwith comply with those instructions.

104(4)The returning officer shall, not later than Wednesday, the fifth day before the ordinary polling day, transmit a copy of each Record of Completed Affidavits for Voting at an Advance Poll collected by him pursuant to subsection 103(6) to each candidate officially nominated in his electoral district.

Section 74

The existing provision is as follows:

107Every person who

(a)applies under this Act to be included in any list of electors in any name other than his own,...

is guilty of the corrupt practice of personation.

Section 75

The new section 112.1 provides that the use of an elections list for purposes other than those provided in the Act is an offence.

Section 76

The existing provision is as follows:

113A returning officer or deputy returning officer who, on request of any candidate or scrutineer or elector representing a candidate, neglects or refuses to administer any oath authorized or required to be administered by him to an elector, shall for every such neglect or refusal forfeit the sum of two hundred dollars.

Section 77

The existing provision is as follows:

116(1)Any person unlawfully taking down, covering up, mutilating, defacing or altering any printed or written proclamation, notice, list of electors or other document authorized or required by this Act to be posted up, is guilty of an offence.

Section 78

The existing provisions are as follows:

123(3)Such fees, costs, allowances and expenses shall be paid in the manner following:

(a)with regard to polling stations other than advance polling stations the fees or allowances, fixed by the tariff of fees, of deputy returning officers and poll clerks, and for the rental of polling stations, shall be paid direct to each claimant by special warrants drawn on the Minister of Finance and finally issued by the returning officer for each electoral district; the necessary forms of warrants shall be furnished to each returning officer by the Chief Electoral Officer; such warrants shall bear the printed signature of the Chief Electoral Officer, and when countersigned by the appropriate returning officer, are negotiable without charge at any chartered bank branch in the Province; immediately after the official addition of the votes has been held, every returning officer shall fill in the necessary spaces in the warrants, affix his signature thereon, and dispatch the warrants by mail to the deputy returning officers, poll clerks, and landlords of polling stations entitled to receive them; and

(b)all claims made by other election officers, including the returning officer, election clerk, enumerators, revising agents, revising officers, advance polling station officers, constables, and various other claims relating to the conduct of an election shall be paid by separate cheques issued from the office of the Minister of Finance and sent direct to each person entitled to payment.

123(5)The returning officer shall exercise special care in the certification of enumerators' accounts; any enumerator who wilfully and without reasonable excuse omits from the list of electors prepared by him, or by him jointly with another enumerator, the name of any person entitled to have his name entered thereon, or enters on the list the name of any person who is not qualified as an elector in his polling division, shall forfeit his right to payment for his services and expenses; in all such cases, the returning officer shall not certify the account of the enumerator concerned, but shall send it uncertified to the Chief Electoral Officer with a special report attached thereto stating the relevant facts; moreover, the Minister of Finance shall not pay any urban enumerator's account until after the revision of the lists of electors has been completed.

Section 79

The amendment substitutes supervisory deputy returning officer for revising officer.

Section 80

The existing provision is as follows:

129(5)In an electoral district where a member is elected by acclamation the returning officer shall

(b)issue a notice of taking of a poll in the form prescribed by regulation and post the same in the same places as a notice of grant of a poll would have been required to be posted under subsection 57(2), and

Section 81

A new heading \xc7 ADVISORY COMMITTEE\xc8 is added. The new sections 154 to 161 create an advisory committee.

Section 82

The amendment is consequential on the amendment made in section 75 of this amending Act.

Section 83

A new schedule is added.

Section 84

The amendments repeal unproclaimed sections of An Act to Amend the Elections Act.

Section 85

The amendments are consequential on the amendments made in section 2 of this amending Act.

Section 86

The amendment is consequential on the amendments made in sections sections 15 and 16 of this amending Act.

Section 87

The amendment is consequential on the amendments made in sections sections 15 and 16 of this amending Act.

Section 88

Commencement provision


Last Modified: 03:50pm , February 17, 1998