SENATORIAL SELECTION ACT SENATORIAL SELECTION ACT
Chapter S‑5
Table of Contents
1 Interpretation
Part 1 General
2 Definitions
3 Submission to Privy Council
4 Application of Election Act
5 Authorization to commence election
6 Issue of writ
7 Eligibility as election officers
8 Eligibility for nomination
9 Nomination of candidates
10 Official agents of candidates
11 Filing nomination papers
12 Deposit of candidate
13 Information to be provided to candidate
14 Election by acclamation
15 Necessity of election
16 Withdrawal of candidate
17 Death of candidate
18 Close of nominations
19 Contents of ballots
20 Printing of ballots
21 Conduct of official tabulation
22 Announcement of official results
23 Disclaimer
24 Appeal and recount
25 Publication of elected candidates
26 Application of Part 7 of Election Act
28 Archives
29 Regulations
Part 2 Election Held in Conjunction with Provincial Election or on Date Fixed by Order
30 Application of this Part
31 Application of Election Act
32 List of electors
33 Appointment of returning officers
34 Publication of election proclamation
35 Voting procedure
36 Exception to section 111(5) of Election Act
37 Exception to section 118 of Election Act
Part 3 Election Held in Conjunction with Municipal Elections
38 Application of this Part
39 Application of Local Authorities Election Act
40 Councils to conduct vote
41 Electors list
42 Electors in summer village
43 Appointment of officers
44 Voting subdivisions and stations
45 Voting machines
46 Publication of election proclamation
47 Marking of ballots
48 Exception to section 45 of Local Authorities Election Act
49 Entries in voting register
50 Incapacitated elector at home
51 Advance vote 52 Official count of returning officer
53 Retention of ballot boxes
Part 4 Expiry
54 Expiry
Preamble
WHEREAS the Legislative Assembly of Alberta on May 27, 1985 and March 10, 1987 expressed unanimously its resolve to achieve an elected Senate with equal and effective provincial representation;
WHEREAS in the 1987 Constitutional (Meech Lake) Accord the First Ministers of Canada agreed, as an interim measure until Senate reform is achieved, that any person summoned to fill a vacancy in the Senate is to be chosen from among persons whose names have been submitted by the government of the province to which the vacancy relates; and
WHEREAS it is appropriate that persons whose names are submitted to the Queen’s Privy Council for Canada for appointment to the Senate be determined by the people of Alberta by democratic election;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:
Interpretation
1(1) In this Act,
(a) “candidate” means a person
(i) who is nominated as a candidate,
(ii) who is nominated by a registered political party for endorsation as the official candidate of that party, or
(iii) who, on or after the date of issue of a writ for an election, declares himself or herself to be an independent candidate at the election;
(b) “council” means a council as defined in the Local Authorities Election Act and includes the council of the City of Lloydminster;
(c) “elected authority” means an elected authority as defined in the Local Authorities Election Act and includes the council of the City of Lloydminster;
(d) “election officer” means an election officer under the Election Act or an officer under the Local Authorities Election Act, as the case may be;
(e) “electoral division” means an electoral division under the Electoral Divisions Act;
(f) “Senate nominee” means a person declared elected under this Act.
(2) For the purposes of this Act, a document that is required to be filed with the Chief Electoral Officer is filed when it is accepted by the Chief Electoral Officer.
(3) Except as provided in this Act, words and phrases used in this Act have the meanings given to them in the Election Act.
RSA 2000 cS‑5 s1;2012 c5 s127
Part 1 General
Definitions
2 In this Part,
(a) “deputy returning officer” means a deputy returning officer under the Election Act or a deputy under the Local Authorities Election Act, as the case may be;
(b) “polling day” includes an election day as defined in the Local Authorities Election Act;
(c) “polling place” includes a voting station as defined in the Local Authorities Election Act;
(d) “returning officer” means a returning officer under the Election Act or the Local Authorities Election Act, as the case may be.
1989 cS‑11.5 s2
Submission to Privy Council
3(1) The Government of Alberta shall submit the names of the Senate nominees to the Queen’s Privy Council for Canada as persons who may be summoned to the Senate of Canada for the purpose of filling vacancies relating to Alberta.
(2) A person remains as a Senate nominee until
(a) the person is appointed to the Senate of Canada,
(b) the person resigns as a Senate nominee by submitting a resignation in writing to the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act,
(c) the person’s term as a Senate nominee expires,
(d) the person takes an oath or makes a declaration or acknowledgement of allegiance, obedience, or adherence to a foreign power, or does an act whereby the person becomes a subject or citizen, or entitled to the rights or privileges of a subject or citizen, of a foreign power,
(e) the person is adjudged bankrupt or insolvent, or applies for the benefit of any law relating to insolvent debtors, or becomes a public defaulter,
(f) the person is convicted of treason or convicted of a felony or of any infamous crime, or
(g) the person ceases to be eligible to be nominated as a candidate under section 8,
whichever occurs first.
1989 cS‑11.5 s3;1998 c29 s3
Application of Election Act
4 For the purposes of this Part, sections 57, 58, 68, 144 to 148.1 and Parts 5 to 9, except sections 185(2)(c) and 207, of the Election Act apply to an election under this Act as if it were a general election under the Election Act.
RSA 2000 cS‑5 s4;2010 c8 s96
Authorization to commence election
5(1) An election under this Act may be commenced at any time by the passing of an order of the Lieutenant Governor in Council
(a) setting out whether the election under this Act is to be held
(i) in conjunction with a general election under the Election Act,
(ii) separately on a date provided for in the order, or
(iii) in conjunction with the general elections under the Local Authorities Election Act;
(b) authorizing the Lieutenant Governor to issue a writ of election in the prescribed form addressed to the Chief Electoral Officer and prescribing the date of the writ;
(c) setting out the number of persons to be elected;
(d) appointing nomination day;
(e) appointing the day on which voting is to take place if voting is necessary.
(2) Where an election under this Act is to be held in conjunction with a general election under the Election Act,
(a) the order under subsection (1) shall be made not later than 3 days after the issue of the writ of election under the Election Act,
(b) nomination day shall be the 14th day after the date of the writ for the general election under the Election Act, or if that day is a holiday, the next following day not being a holiday, and
(c) polling day, if voting is necessary, shall be the same day as the day on which voting is to take place for the general election under the Election Act.
(3) Where an election under this Act is to be held separately on a date provided for in the order under subsection (1), the order
(a) shall appoint the 14th day after the date of the writ issued under subsection (1)(b) as nomination day, and
(b) shall provide that, if voting is necessary, the 14th day after nomination day or, if the 14th day is a holiday, then the next following day not being a holiday, shall be the day on which voting is to take place.
(4) Where an election under this Act is to be held in conjunction with a general election under the Local Authorities Election Act, the order under subsection (1)
(a) shall be made not later than 14 days before nomination day,
(b) shall appoint nomination day as the day determined in accordance with section 25 of the Local Authorities Election Act, and
(c) shall appoint election day as the day set out in section 11(1)(a) of the Local Authorities Election Act, if voting is necessary.
RSA 2000 cS‑5 s5;2012 c5 s128
Issue of writ
6 On receipt of a writ under section 5, the Chief Electoral Officer shall endorse on it the date on which the Chief Electoral Officer received it and shall
(a) advise each returning officer that a writ has been issued, and
(b) transmit a copy of the writ to each returning officer.
1989 cS‑11.5 s6
Eligibility as election officers
7 A member of the Senate of Canada may not be appointed as an election officer for the purpose of conducting an election under this Act.
1989 cS‑11.5 s7
Eligibility for nomination
8 A person is eligible to be nominated as a candidate in an election under this Act if
(a) on the day the nomination paper is filed, the person
(i) meets the qualifications set out in section 23 of the Constitution Act, 1867,
(ii) is not a Member of the House of Commons or Senate of Canada, and
(iii) is not a Member of the Legislative Assembly,
(b) in the case of an election under this Act that is being held in conjunction with a general election under the Election Act, the person is not a candidate at the general election under that Act,
(c) in the case of an election under this Act that is being held in conjunction with the general elections under the Local Authorities Election Act, the person is not a candidate at a general election under that Act,
(d) the person is not prohibited from being a candidate for an election under the Election Act under section 56(c.2), 57, 58, 178 or 181 of that Act,
(e) the person is not prohibited from being a candidate for an election under this Act under section 56(c.2), 57, 178 or 181 of the Election Act, as those sections apply to this Act, and
(f) the person is and has been ordinarily resident in Alberta for at least 6 months immediately preceding polling day.
RSA 2000 cS‑5 s8;2010 c8 s96
Nomination of candidates
9(1) At any time following publication of the proclamation referred to in section 34 or 46 and prior to 2 p.m. of the date fixed for the closing of nominations, 1500 or more electors may nominate a person eligible to be a candidate as a candidate by signing a nomination paper in the prescribed form and filing it with the Chief Electoral Officer.
(2) The signatures of the electors nominating a candidate shall be witnessed by another elector who shall complete the required affidavit prior to the filing of the nomination papers.
(3) A person who is a candidate by virtue of section 1(1)(a)(ii) or (iii) and who does not file the person’s nomination papers prior to the time set for the closing of nominations ceases to be a candidate on the closing of nominations.
1989 cS‑11.5 s9
Official agents of candidates
10(1) Each person being nominated as a candidate shall appoint an elector to be the person’s official agent on the person’s nomination and shall include the name, address and telephone number of the person so appointed in the appropriate place on the nomination form.
(2) The duties of an official agent are those prescribed by the candidate.
(3) The official agent shall not perform the duties of the chief financial officer unless the official agent is the candidate’s chief financial officer.
(4) If it becomes necessary to appoint a new official agent, the candidate shall immediately notify the Chief Electoral Officer in writing of the name, address and telephone number of the person so appointed.
1989 cS‑11.5 s10
Filing nomination papers
11(1) A nomination paper is not valid unless
(a) it states an address within Alberta at which documents may be served and notices given respecting the candidate,
(b) it contains the appointment, name, address and telephone number of the official agent of the person being nominated,
(c) it states that the person being nominated
(i) is eligible under section 8 for nomination, and
(ii) consents to the person’s nomination,
(d) it states whether the person being nominated is an independent candidate or is the officially endorsed candidate of a registered political party,
(e) it is accompanied with an affidavit in the prescribed form of each elector who witnessed the signatures of the electors nominating the candidate,
(f) the candidate is a registered candidate under the Election Finances and Contributions Disclosure Act for the purposes of an election under this Act,
(g) it is accompanied with a deposit of $4000,
(h) it is signed by the candidate, and
(i) it is filed with the Chief Electoral Officer prior to 2 p.m. of the date fixed for the closing of nominations.
(2) If the person being nominated is the candidate of a registered political party, the person shall, at the time of filing the person’s nomination paper, file a certificate in the prescribed form stating that the person is a candidate for that registered political party.
(3) On the filing of a valid nomination paper, the Chief Electoral Officer shall give a receipt in the prescribed form, which is proof of receipt of the deposit and of the filing of the nomination paper.
1989 cS‑11.5 s11
Deposit of candidate
12(1) The Chief Electoral Officer shall not accept a deposit tendered under section 11(1)(g) unless it consists of
(a) Bank of Canada notes,
(b) a certified cheque or certified bill of exchange,
(c) a bank or postal money order, or
(d) a combination of any of those forms.
(2) The deposit received under section 11(1)(g) shall be refunded to the candidate if the candidate
(a) is elected,
(b) obtains a number of votes equal to at least 1/2 of the total number of votes obtained by the candidate elected with the least number of votes, or
(c) withdraws within 48 hours after the filing of the candidate’s nomination paper.
(3) If a candidate dies after being nominated and prior to the closing of the polling places on polling day, the deposit shall be refunded to the candidate’s chief financial officer.
(4) A deposit that is not refunded under this section shall be deposited in the General Revenue Fund.
RSA 2000 cS‑5 s12;2012 c5 s129
Information to be provided to candidate
13 The Chief Electoral Officer, on filing the nomination paper of a candidate, shall provide to the candidate the name, address and telephone number of each returning officer.
1989 cS‑11.5 s13
Election by acclamation
14 If the number of candidates nominated by the closing of nominations equals or is less than the number of persons to be elected, the Chief Electoral Officer shall
(a) immediately declare the candidate or candidates elected, and
(b) make the Chief Electoral Officer’s return in the prescribed form certifying the election of the candidate or candidates.
1989 cS‑11.5 s14
Necessity of election
15 An election under this Act is necessary if the number of candidates nominated by the closing of nominations exceeds the number of persons to be elected.
1989 cS‑11.5 s15
Withdrawal of candidate
16(1) At any time after the filing of a candidate’s nomination paper but not later than 96 hours before the opening of the polls on polling day, the candidate may withdraw by filing with the Chief Electoral Officer a declaration to that effect signed by the candidate and having the candidate’s signature witnessed.
(2) If after a candidate withdraws the number of candidates equals or is less than the number of persons to be elected, the Chief Electoral Officer shall proceed in accordance with section 14.
(3) If
(a) a candidate withdraws after the ballots are printed, and
(b) there remain more candidates than the number of persons to be elected,
the Chief Electoral Officer shall advise each returning officer of the withdrawal and, if there is sufficient time, the returning officer shall prepare a notice of withdrawal and distribute a copy to each deputy returning officer, who shall post it in a conspicuous location in the deputy returning officer’s polling place.
(4) When there is insufficient time to prepare and distribute a notice of withdrawal under subsection (3), the Chief Electoral Officer, when advising the returning officers of the withdrawal, shall instruct each of them to cause a notice of the withdrawal to be prepared by hand, and each deputy returning officer shall post the notice in a conspicuous location in the deputy returning officer’s polling place.
1989 cS‑11.5 s16
Death of candidate
17(1) If a candidate dies after being nominated and prior to the closing of the polling places on polling day, the election under this Act is cancelled.
(2) Nominations of candidates previously filed remain valid for a period of 6 months following the date the election is cancelled.
1989 cS‑11.5 s17
Close of nominations
18(1) At 2 p.m. on the date fixed for the closing of nominations, the Chief Electoral Officer shall, at the place fixed for the filing of nominations,
(a) declare the nominations closed,
(b) announce the names of all officially nominated candidates,
(c) announce the name, address and telephone number of each candidate’s official agent, and
(d) announce the polling date and the place, date and time at which the official results of the election will be announced.
(2) On complying with subsection (1), the Chief Electoral Officer shall, as soon as possible,
(a) make available a list of the candidates to each candidate or each candidate’s official agent, and
(b) publish in the prescribed form the names and addresses of the candidates’ official agents on the Chief Electoral Officer’s website and in one or more newspapers of general circulation
(i) in each electoral division, in the case of an election held in accordance with Part 2, and
(ii) in each local jurisdiction, in the case of an election held in accordance with Part 3.
RSA 2000 cS‑5 s18;2012 c5 s130
Contents of ballots
19(1) Every ballot used in an election shall contain a brief explanatory note stating the maximum number of candidates who can be voted for in order not to make the ballot void.
(2) The name of each candidate shall be printed on each ballot together with
(a) the name of the registered political party for which the candidate is the candidate, or
(b) the word “Independent” if the candidate is not a candidate for a registered political party.
(3) The names of the candidates shall be printed on the ballot as follows:
(a) the candidate’s
(i) given name,
(ii) initials, or
(iii) nickname
or any combination of them;
(b) the candidate’s surname shall appear following the given name, initials or nickname, as the case may be;
(c) the candidates’ names shall be listed in alphabetical order by surname;
(d) no titles, degrees, prefixes or suffixes may be included with a name.
(3.1) The Chief Electoral Officer may disallow the use of a nickname if in the opinion of the Chief Electoral Officer it is a nickname by which the candidate is not generally known or that is unacceptable on any reasonable basis.
(4) The ballot shall be in the prescribed form unless the ballot is prescribed pursuant to a bylaw made under section 84 of the Local Authorities Election Act that was approved pursuant to section 45 of this Act.
RSA 2000 cS‑5 s19;2012 c5 s131
Printing of ballots
20(1) The Chief Electoral Officer shall have the ballots for use in the election printed.
(2) The printer shall deliver to the Chief Electoral Officer with the printed ballots a completed and executed Affidavit of Printer in the prescribed form.
(3) The Chief Electoral Officer shall provide each returning officer with a sufficient quantity of ballots and shall maintain a record of the number provided.
(4) Each returning officer shall maintain a record of the quantity of ballots provided to the deputy returning officers.
(5) This section does not apply in a jurisdiction where the elected authority passes a bylaw under section 84 of the Local Authorities Election Act and the bylaw is approved under section 45 of this Act.
1989 cS‑11.5 s20
Conduct of official tabulation
21(1) Each returning officer shall, within 8 days after the vote has taken place, submit to the Chief Electoral Officer the Statement of Official Results prepared by the returning officer.
(2) The Chief Electoral Officer shall add together the results of the counts set out in the Statements of Official Results prepared by the returning officers in order to determine which candidate or candidates received the most votes.
(3) The Chief Electoral Officer shall give written notice to each candidate or each candidate’s official agent of the place, date and hour of commencement of the addition referred to in subsection (2).
(4) If it appears on the addition of the votes that 2 or more candidates received the same number of votes, and if it is necessary for determining which candidate is elected, the Chief Electoral Officer shall write the names of those candidates separately on blank sheets of paper of equal size and of the same colour and texture and, after folding the sheets of paper in a uniform manner and so that the names are concealed, shall deposit them in a receptacle and direct some person to draw one of the sheets, and the Chief Electoral Officer shall declare the candidate whose name appears on the drawn sheet to have one more vote than the other candidate or candidates, as the case may be.
(5) The drawn sheet shall be sealed in an envelope marked with the words “Declared Vote” and kept separate from the other ballots.
(6) On completing the addition, the Chief Electoral Officer shall provide to each candidate or each candidate’s official agent a Certificate and Return in the prescribed form indicating the number of votes for each candidate and the name of the candidate or candidates to be declared elected pursuant to section 22.
(7) On complying with subsection (6), the Chief Electoral Officer shall prepare the Tabulation of Official Results.
RSA 2000 cS‑5 s21;2012 c5 s132
Announcement of official results
22(1) The Chief Electoral Officer shall attend at the place, date and time stated in the election proclamation to announce the official results of the election under this Act and declare which candidate or candidates are elected.
(2) Where only one person is to be elected, the candidate with the highest number of votes shall be declared elected.
(3) Where more than one person is to be elected, the candidate with the highest number of votes shall be declared elected and the candidate with the next highest number of votes shall be declared elected and so on until the number of candidates to be elected at the election under this Act are declared elected.
(4) The Chief Electoral Officer shall retain the Statements of Official Results and the Tabulation of Official Results for a period of 10 days after announcing the official results of the election under this Act to allow for possible appeals or applications for a recount of the votes.
1989 cS‑11.5 s22
Disclaimer
23(1) A candidate who has been declared elected under this Act may, by filing a disclaimer in the prescribed form with the Chief Electoral Officer, request
(a) that the candidate’s name not be submitted to the Queen’s Privy Council for Canada, or
(b) that, if the candidate’s name has been submitted, the submission of the candidate’s name be withdrawn.
(2) Subject to subsection (3), if a disclaimer is filed under subsection (1), the election of that candidate is void and a new election shall be held to elect another person.
(3) The filing of a disclaimer under subsection (1) does not affect any application for an appeal or recount by another candidate or the right of that other candidate to be declared elected if that application or appeal is successful.
1989 cS‑11.5 s23
Appeal and recount
24(1) Notwithstanding section 144 of the Election Act, for the purposes of this Act,
(a) an application may be made within 8 days after the date the Chief Electoral Officer announces the results of the official count and declares one or more candidates elected;
(b) a recount may also be made in relation to the addition of the results contained in the Tabulation of Official Results;
(c) the Chief Electoral Officer shall also be given notice of the time and place appointed for the recount.
(2) Notwithstanding section 145 of the Election Act, for the purposes of this Act,
(a) where a recount of the votes is required, the Chief Electoral Officer shall attend at the place, date and time appointed for the recount but the Court shall determine which election officers, if any, are required also to attend;
(b) where the application is limited to a decision of a returning officer, only the returning officer and the Chief Electoral Officer are required to attend;
(c) the Chief Electoral Officer shall bring all the ballot boxes and documents required for the purposes of disposing of the matter.
(3) Notwithstanding section 146 of the Election Act, a reference in that section to a returning officer shall be read as a reference to the Chief Electoral Officer.
(4) The judge shall verify and, if necessary, amend the Tabulation of Official Results.
(5) Notwithstanding section 147 of the Election Act, for the purposes of this Act,
(a) repealed 2010 c8 s96;
(b) on conclusion of a recount, the judge shall immediately certify the result to the Chief Electoral Officer, who shall, on the 3rd day after that certification, unless the Chief Electoral Officer is served with a notice of appeal within that period, declare elected the candidate or candidates who received the highest number of votes pursuant to the recount;
(c) if on a recount an equality of votes exists for 2 or more candidates, the vote drawn pursuant to section 21(4) shall be counted.
(6) Notwithstanding section 148 of the Election Act, for the purposes of this Act,
(a) the Chief Electoral Officer shall also be served with a notice of appeal and shall be notified of the date of the hearing,
(b) subsection (5)(c) applies,
(c) on determination of the appeal, the Registrar of the Court of Appeal shall immediately certify the result to the Chief Electoral Officer, who shall then declare elected the candidate or candidates who received the highest number of votes pursuant to the appeal, and
(d) if a decision of the Court of Appeal is successfully appealed to the Supreme Court of Canada, then on receipt by the Chief Electoral Officer of a certified copy of the judgment of that Court, the Chief Electoral Officer shall declare elected the candidate or candidates who received the highest number of votes pursuant to the appeal.
RSA 2000 cS‑5 s24;2010 c8 c96
Publication of elected candidates
25(1) Subject to subsection (2), 8 days after the candidate or candidates are declared elected the Chief Electoral Officer shall submit a notice of the name of the candidate or candidates declared elected under this Act for publication in the next issue of The Alberta Gazette.
(2) If there is an appeal in accordance with sections 144 to 148 of the Election Act as those sections apply to this Act, the names of the persons declared elected shall be published after the expiration of the appeal period.
1989 cS‑11.5 s25
Application of Part 7 of Election Act
26 For the purposes of this Act,
(a) the reference in section 185(1) of the Election Act to “a candidate as the member of the Legislative Assembly for an electoral division” is deemed to be a reference to a candidate at an election under the Senatorial Selection Act;
(b) the reference in section 185(2)(b) of the Election Act to “section 149” is deemed to be a reference to section 25 of this Act.
1989 cS‑11.5 s26
27 Repeal 2012 c5 s133.
Archives
28 The Chief Electoral Officer shall provide a copy of the writ, the Tabulation of Official Results and the Statements of Official Results to the Provincial Archives after each election under this Act.
1989 cS‑11.5 s28
Regulations
29(1) The Lieutenant Governor in Council may make regulations
(a) respecting the amounts of honoraria and fees that may be payable to election officers conducting a vote under Part 2;
(b) respecting amounts that are payable to elected authorities and other bodies conducting a vote under Part 3;
(c) respecting forms, notices, declarations and oaths to be used for the purpose of an election under this Act.
(2) The Lieutenant Governor in Council may make regulations respecting any matter not provided for or not sufficiently provided for in this Act, but any regulation made under this subsection ceases to have effect after the last day of the next session of the Legislature.
(3) The Lieutenant Governor in Council may make regulations
(a) fixing the term of a Senate nominee;
(b) respecting the duties and functions of a Senate nominee;
(c) respecting the remuneration and expenses to be paid to a Senate nominee;
(d) respecting the performance and accountability of a Senate nominee.
(4) Where an election under this Act is held in conjunction with a general election under the Election Act, a form, oath or notice prescribed under the Election Act may be combined with a form, oath or notice, as the case may be, prescribed under this Act, and the form, oath or notice is valid for both the general election under the Election Act and the election under this Act.
(5) Where an election under this Act is held in conjunction with general elections under the Local Authorities Election Act, a form, oath, statement or notice prescribed under the Local Authorities Election Act may be combined with a form, oath, statement or notice, as the case may be, prescribed under this Act, and the form, oath, statement or notice is valid for both the general elections under the Local Authorities Election Act and the election under this Act.
(6) Regulations made under the Local Authorities Election Act apply to an election held in accordance with Part 3 as if it were a general election under the Local Authorities Election Act.
RSA 2000 cS‑5 s29;2010 c8 s96
Part 2 Election Held in Conjunction with Provincial Election or on Date Fixed by Order
Application of this Part
30 Where an election under this Act is to be held in conjunction with a general election under the Election Act or separately on a date provided for in an order under section 5, Part 1 and this Part apply to the election under this Act.
1989 cS‑11.5 s30
Application of Election Act
31(1) Except as provided in this Part, Parts 3 and 4 of the Election Act apply to an election held in conjunction with a general election under the Election Act or held separately on a date fixed in an order under section 5 as if it were a general election under the Election Act.
(2) For the purposes of this Part, sections 39, 40, 55, 56, 59 to 67, 82, 83, 101, 111(5)(a), 126 to 131, 137(5) and (6), 138, 139, 149, 150 and 153 of the Election Act do not apply.
RSA 2000 cS‑5 s31;2010 c8 s96
List of electors
32 The list of electors compiled and revised under the Election Act is to be the list of electors for an election under this Act.
1989 cS‑11.5 s32
Appointment of returning officers
33 The returning officers appointed under the Election Act are to be the returning officers for the purposes of an election under this Act.
1989 cS‑11.5 s33
Publication of election proclamation
34(1) The Chief Electoral Officer shall, as soon as possible following the making of the order referred to in section 5, publish by proclamation in the prescribed form in respect of each electoral division
(a) the place, dates and hours for considering applications for revisions to the list of electors,
(b) the place and hours fixed for the nomination of candidates and the date fixed for the closing of nominations,
(c) the place, dates and hours fixed for voting at an advance poll if voting is necessary,
(d) the date of polling day and the hours at which the polling places will open and close if voting is necessary,
(e) the place, date and time for announcing the results of the official tabulation, that date being the 10th day after polling day, and
(f) the name, address and telephone number of the returning officer.
(2) The proclamation referred to in subsection (1), a map of the electoral division indicating the numbered polling subdivisions, and a list of the locations of the polling places shall be published by
(a) posting a copy of each in the office of the returning officer, and
(b) publishing a copy of each in one or more newspapers of general circulation within the electoral division.
(3) A returning officer may post additional copies of the proclamation, map and list of locations at any other places in the electoral division where the returning officer considers they will be reasonably safe from damage and will serve to provide information to the public.
(4) If the information as published is or becomes inaccurate for any reason, the Chief Electoral Officer shall
(a) publish details of the correction in the newspapers in which the proclamation was published under subsection (2), and
(b) immediately provide to all candidates or their official agents written details of the correction.
1989 cS‑11.5 s34
Voting procedure
35(1) The deputy returning officer shall, without inquiring or ascertaining for whom a voter intends to vote, instruct the voter to
(a) proceed to one of the polling booths and there, with the marker provided, mark the voter’s ballot by placing an “X” in the space opposite the name of the candidate or candidates of the voter’s choice,
(b) refold the ballot so that the initials, the words “Senatorial Selection” and the year of the election on the back of the ballot and the number on the back of the counterfoil can be seen without unfolding it, and
(c) hand the folded ballot to the deputy returning officer.
(2) An elector may not vote for more than the number of persons to be elected.
(3) The deputy returning officer, without unfolding the ballot, shall in full view of the voter and all present
(a) ascertain by examining
(i) the initials, and
(ii) the number on the counterfoil,
that it is the same ballot that the deputy returning officer provided to the voter,
(b) remove and tear up the counterfoil, and
(c) place the ballot in the ballot box.
1989 cS‑11.5 s35
Exception to section 111(5) of Election Act
36 Notwithstanding section 111(5)(d) of the Election Act, for the purposes of this Part, the deputy returning officer shall reject and place in a rejected ballot envelope any ballot that contains votes for more candidates than the number of persons to be elected.
1989 cS‑11.5 s36
Exception to section 118 of Election Act
37 Notwithstanding section 118 of the Election Act, for the purposes of this Part, a voter may mark only the name of the candidate or candidates, as the case may be.
1989 cS‑11.5 s37
Part 3 Election Held in Conjunction with Municipal Elections
Application of this Part
38 Where an election under this Act is to be held in conjunction with the general elections under the Local Authorities Election Act, Part 1 and this Part apply to the election under this Act.
1989 cS‑11.5 s38
Application of Local Authorities Election Act
39(1) Except as provided in this Part, sections 5, 13 to 20, 35(2), 35(4), Parts 2 and 3 and sections 152 to 157 of the Local Authorities Election Act apply to an election under this Act held in conjunction with the general elections under the Local Authorities Election Act as if it were a general election under the Local Authorities Election Act.
(2) For the purposes of this Part, sections 41 to 44, 50, 51, 62, 63, 70, 71, 73, 88(2) and 95 to 99 of the Local Authorities Election Act do not apply.
(3) Notwithstanding section 1(3) of this Act, words and phrases used in this Part have the meanings given to them in the Local Authorities Election Act.
1989 cS‑11.5 s39;1991 c23 s2(68);1998 c29 s7
Councils to conduct vote
40(1) Where an election under this Act is to be held in accordance with this Part, every council, except the council of a summer village, and every Metis settlement council shall conduct a vote of the electors residing in the municipality or Metis settlement, as the case may be, for the purposes of the election under this Act.
(2) The council shall conduct the vote notwithstanding that a general election under the Local Authorities Election Act is not required in that municipality on that day.
(3) If the council has entered into an agreement with one or more elected authorities in the same area for the conduct of a general election under the Local Authorities Election Act, the elected authority that is responsible for the conduct of the general election under the agreement shall conduct the vote for the purposes of the election under this Act and has all the rights, powers and duties of the council to conduct the vote.
(4) The Minister responsible for the Local Authorities Election Act is responsible for conducting the vote of the electors residing in an improvement district, special area, summer village or Indian reserve or a park as defined in the National Parks Act (Canada) and for the purposes of an election under this Act has all the rights, powers and duties of a council to conduct the vote including the authority to appoint returning officers and other election officers.
(5) The Minister responsible for the Local Authorities Election Act may enter into an agreement
(a) with any elected authority in the area or in an area adjacent to the improvement district, special area, summer village or Indian reserve or park as defined in the National Parks Act (Canada), or
(b) with the advisory committee of an improvement district or special area or the council of a summer village
to conduct the vote on the Minister’s behalf, and the elected authority, advisory committee and council are authorized to enter into such an agreement.
(6) An elected authority, advisory committee or council that enters into an agreement under subsection (5) has all the rights, powers and duties of the Minister to conduct the vote.
(7) In accordance with the regulations under section 29, payments shall be made to elected authorities and other bodies that conduct a vote for the purposes of an election under this Act.
1989 cS‑11.5 s40;1991 c23 s2(68);1998 c22 s41;1998 c29 s8
Electors list
41(1) The list of electors, if any, for a municipality compiled and revised under the Local Authorities Election Act shall be the list of electors for conducting a vote for the purposes of an election under this Act in that municipality.
(2) Where an election under this Act is to be held in accordance with this Part in a Metis settlement, a list of electors must be compiled and revised in accordance with the Local Authorities Election Act for the purposes of the election.
1989 cS‑11.5 s41;1998 c22 s41
Electors in summer village
42 In the case of a summer village, only residents of the summer village are entitled to vote at an election under this Act.
1989 cS‑11.5 s42
Appointment of officers
43(1) The officers and constables appointed under the Local Authorities Election Act for the general elections under that Act are officers for the purposes of an election under this Act.
(2) The officers have the duties and the necessary powers under the Local Authorities Election Act to conduct an election under this Act, except where inconsistent with this Act.
1989 cS‑11.5 s43;1991 c23 s2(68)
Voting subdivisions and stations
44 The voting subdivisions and voting stations established for the purposes of the general elections under the Local Authorities Election Act are the voting subdivisions and voting stations for the purposes of the election under this Act.
1989 cS‑11.5 s44
Voting machines
45 If an elected authority makes a bylaw under section 84 of the Local Authorities Election Act that is applicable to the conducting of a vote of electors for the purposes of an election under this Act, the bylaw, with respect to its application under this Act, is not valid unless it is approved by the Minister responsible for the Local Authorities Election Act.
1989 cS‑11.5 s45
Publication of election proclamation
46(1) The Chief Electoral Officer shall, as soon as possible following the date of the order referred to in section 5, publish by proclamation in the prescribed form in respect of each municipality
(a) the place and hours fixed for the nomination of candidates and the date fixed for the closing of nominations,
(b) the date of election day and the hours at which the voting stations will open and close if voting is necessary,
(c) the place, date and time for announcing the results of the official tabulation, that date being the 10th day after election day, and
(d) the name, address and telephone number of the returning officer.
(2) The proclamation referred to in subsection (1) shall be published by
(a) posting a copy of it in the office of the returning officer, and
(b) publishing a copy of it in one or more newspapers of general circulation within the municipality.
(3) A returning officer may post additional copies of the proclamation at other places in the municipality where the returning officer considers they will be reasonably safe from damage and will serve to provide information to the public.
(4) If the information as published is or becomes inaccurate for any reason, the Chief Electoral Officer shall
(a) publish details of the correction in the newspapers in which the proclamation was published under subsection (2), and
(b) immediately provide to all candidates or their official agents written details of the correction.
1989 cS‑11.5 s46
Marking of ballots
47(1) On receiving a ballot from the officer presiding at the voting station, the elector shall forthwith proceed into the voting compartment provided and shall mark the ballot by placing an “X” on the right‑hand side opposite the name of the candidate of the elector’s choice.
(2) After marking the ballot, the elector shall fold the ballot so as
(a) to conceal the names of the candidates and the marks on the face of the ballot, and
(b) to expose the initials of the officer issuing the ballot at the voting station,
and immediately after leaving the voting compartment shall, without delay and without showing the front to anyone, deliver the ballot so folded to the officer supervising at the ballot box.
(3) The officer supervising at the ballot box shall, without unfolding the ballot or in any way disclosing the marks made by the elector on the ballot, verify the initials on the ballot and deposit the ballot at once in the ballot box.
(4) After the ballot is deposited in the ballot box, the elector shall forthwith leave the voting station.
(5) This section, except subsection (4), does not apply in a jurisdiction where the elected authority passes a bylaw under section 84 of the Local Authorities Election Act and the bylaw has been approved under section 45 of this Act.
1989 cS‑11.5 s47
Exception to section 45 of Local Authorities Election
48 Notwithstanding section 45 of the Local Authorities Election Act, for the purposes of this Part, the deputy returning officer shall post a copy of the bulletin referred to in section 90(1)(c) of the Election Act and copies of sections 116 and 117 of the Local Authorities Election Act.
1989 cS‑11.5 s48;1991 c23 s2(68)
Entries in voting register
49(1) For the purposes of this Part, a reference to “senatorial candidate” shall be included in the register referred to in section 59 of the Local Authorities Election Act.
(2) The officer shall, with respect to each elector who receives a ballot, denote on the register that the elector received a ballot for the purpose of voting under this Act.
1989 cS‑11.5 s49
Incapacitated elector at home
50 For the purposes of this Part, if an elected authority provides under section 79 of the Local Authorities Election Act for the taking of votes of electors who because of physical incapacity are unable to attend a voting station or an advance voting station to vote, the resolution applies in respect of taking a vote for the purposes of an election under this Act.
1989 cS‑11.5 s50
Advance vote
51(1) An elected authority that is conducting a vote under this Act shall provide for the holding of an advance vote in respect of an election under this Act.
(2) An advance vote may be held on any day after the 4th Monday in September, but not within 24 hours of election day.
1989 cS‑11.5 s51
Official count of returning officer
52(1) The returning officer may publish unofficial results of the counting of ballots after an election under this Act as the results are received from voting stations.
(2) Each returning officer shall add together the ballot accounts as prepared by the deputy returning officers.
(3) On complying with subsection (2), the returning officer shall prepare the prescribed Statement of Official Results.
1989 cS‑11.5 s52
Retention of ballot boxes
53 For the purposes of this Part, the ballot boxes referred to in section 101 of the Local Authorities Election Act shall be retained for 3 months.
1989 cS‑11.5 s53
Part 4 Expiry
Expiry
54 This Act expires on December 31, 2016.
RSA 2000 cS‑5 s54;2004 c13 s2;2009 c54 s2
