Indian Referendum Regulations (C.R.C., c. 957)

Regulations are current to 2017-10-13 and last amended on 2013-03-01. Previous Versions

Information Meetings

 Before the day on which a referendum is to be held, the electoral officer shall ensure that at least one information meeting is held to provide electors with information regarding the designation or surrender that is the subject of the referendum.

  • SOR/2000-392, s. 4.

Preparation for Referendum

[SOR/2000-392, s. 4]
  •  (1) The electoral officer shall

    • (a) prepare sufficient ballots, initialled on the back by the electoral officer, stating the question to be submitted to the electors;

    • (b) and (c) [Repealed, SOR/2000-392, s. 5]

    • (d) procure a sufficient number of ballot boxes; and

    • (e) before the poll is open cause to be delivered to the deputy electoral officer the ballot papers and a sufficient number of lead pencils for marking the ballot papers.

  • (2) and (3) [Repealed, SOR/2000-392, s. 5]

  • SOR/2000-392, s. 5.

Voting by Mail-in Ballot

  •  (1) An elector may vote by mail-in ballot by

    • (a) marking the ballot by placing a cross, check mark or other mark, clearly indicating the elector’s response to the question stated on the ballot;

    • (b) folding the ballot in a manner that conceals the question and any marks, but exposes the initials on the back;

    • (c) placing the ballot in the inner envelope and sealing that envelope;

    • (d) completing and signing the voter declaration form in the presence of a witness who is at least 18 years of age;

    • (e) placing the inner envelope and the completed, signed and witnessed voter declaration form in the outer envelope; and

    • (f) delivering or, subject to subsection (6), mailing the outer envelope to the electoral officer before the time at which the polls close on the day of the referendum.

  • (2) Where an elector is unable to vote in the manner set out in subsection (1), the elector may enlist the assistance of another person to mark the ballot and complete and sign the voter declaration form in accordance with subsection (1).

  • (3) A witness referred to in paragraph (1)(d) shall attest to

    • (a) the fact that the person completing and signing the voter declaration form is the person whose name is set out in the form; or

    • (b) where the elector enlisted the assistance of another person under subsection (2), the fact that the elector is the person whose name is set out in the form and that the ballot was marked according to the directions of the elector.

  • (4) An elector who inadvertently spoils a mail-in ballot may obtain another ballot by returning the spoiled ballot to the electoral officer.

  • (5) An elector who loses a mail-in ballot may obtain another ballot by delivering to the electoral officer a written affirmation that the elector has lost the mail-in ballot, signed by the elector in the presence of the electoral officer, a justice of the peace, a notary public or a commissioner for oaths.

  • (6) Mail-in ballots that are not received by the electoral officer before the time at which the polls close on the day of the referendum are void and shall not be counted as a vote cast.

  • SOR/2000-392, s. 6.

Voting at Polling Stations

 The electoral officer shall establish at least one polling station on the reserve.

  • SOR/2000-392, s. 6.

 The electoral officer or the deputy electoral officer shall provide a compartment at each polling place where the elector can mark his ballot paper free from observation.

 The electoral officer or the deputy electoral officer shall, immediately before the opening of the poll, open the ballot box and call upon such persons who may be present to witness that it is empty and shall then lock and properly seal the box and place it in view for the reception of the ballots.

  •  (1) Polling stations shall be kept open from 9:00 a.m., local time, until 8:00 p.m., local time, on the day of the referendum.

  • (2) An elector who is inside a polling station at the time that the polling station is to close is entitled to vote.

  • SOR/2000-392, s. 7.
  •  (1) Subject to subsection 4.2(5), where a person attends at a polling station for the purpose of voting, the electoral officer or deputy electoral officer shall, if the person’s name is set out in the voters list, provide the person with a ballot.

  • (2) The electoral officer or the deputy electoral officer shall place on the list of electors a mark opposite the name of every elector receiving a ballot paper.

  • (3) An elector to whom a mail-in ballot was mailed, delivered or provided under subsection 4.2(1) or (3) may obtain a ballot and vote in person at a polling station if

    • (a) the elector returns the mail-in ballot to the electoral officer or deputy electoral officer; or

    • (b) where the elector has lost the mail-in ballot, the elector provides the electoral officer or deputy electoral officer with a written affirmation that the elector has lost the mail-in ballot, signed by the elector in the presence of the electoral officer, deputy electoral officer, a justice of the peace, a notary public or a commissioner for oaths.

  • SOR/2000-392, s. 8.
  •  (1) The electoral officer or the deputy electoral officer shall explain the mode of voting to an elector when requested to do so by such elector.

  • (2) On the application of an elector who is

    • (a) not able to read, or

    • (b) incapacitated by blindness or other physical cause,

    the electoral officer or the deputy electoral officer shall assist that elector by marking his ballot paper in the manner directed by the elector and shall place such ballot paper in the ballot box.

  • (3) The electoral officer or the deputy electoral officer shall make an entry in the list of electors opposite the name of the elector that the ballot paper was marked by him at the request of the elector and the reasons therefor.

 Except as provided in subsection 10(2), every elector receiving a ballot paper shall

  • (a) proceed immediately to the compartment provided for marking the ballot paper;

  • (b) mark the ballot by placing a cross, check mark or other mark, clearly indicating the elector’s response to the question stated on the ballot;

  • (c) fold the ballot in a manner that conceals the question and any marks, but exposes the initials on the back;

  • (d) forthwith deliver it to the electoral officer or the deputy electoral officer for deposit in the ballot box.

  • SOR/2000-392, s. 9.
  •  (1) An elector who receives a soiled or improperly printed ballot paper, or inadvertently spoils his ballot paper in marking it shall, upon returning the ballot paper to the electoral officer or the deputy electoral officer, be entitled to another ballot paper.

  • (2) An elector who has received a ballot paper and

    • (a) leaves the compartment for marking ballot papers without delivering the same to the electoral officer or the deputy electoral officer in the manner provided, or

    • (b) refuses to vote,

    shall forfeit his right to vote on the referendum and the electoral officer or the deputy electoral officer shall make an entry on the list of electors opposite the name of the elector that the elector did not return the ballot paper or refused to vote as the case may be.

 The electoral officer or the deputy electoral officer shall allow only one elector in the compartment for marking ballot papers at any one time.

 [Repealed, SOR/2000-392, s. 10]

 No person shall interfere or attempt to interfere with an elector when marking his ballot paper or obtain or attempt to obtain at the polling place information as to how an elector is about to vote or has voted.

 The electoral officer and deputy electoral officer shall maintain peace and good order during the voting.

  • SOR/2000-392, s. 11.

 Whenever the electoral officer or the deputy electoral officer does not understand the language spoken by an elector, he or she shall enlist the aid of an interpreter to communicate with respect to all matters required to enable that elector to vote.

  • SOR/2000-392, s. 11.
 
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