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Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
An Act to Amend the Elections Act
 
Legislature :
55
Session :
3
Bill No. :
37
Member :
Hon. Harrison
First Reading :
2006-4-6
Second Reading :
2006-4-12
Committee of the Whole :
2006-4-26
Amended :
Third Reading :
2006-4-27
Royal Assent :
2006-5-12
Download PDF :
  Bill 37         
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Text of Bill :
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:



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



(a)               in the definition "election officer" by striking out "poll clerk" and substituting "poll clerk, special ballot officer";



(b)               by repealing the definition "poll book" and substituting the following:



"poll book" means the book in the form prescribed by regulation in which are set out the names of everyone who is qualified to vote in each polling division of each electoral district and the names of those who have voted;



(c)               by repealing the definition "proper identification" and substituting the following:



"proper identification" means at least one document of identification, excluding financial cards and credit cards, which must include the person's name, address and signature;



(d)               by repealing the definition "psychiatric facility" and substituting the following:



"psychiatric facility" means a psychiatric facility listed in Schedule A of New Brunswick Regulation 94-33 under the Mental Health Act;



(e)               by repealing the definition "public hospital";



(f)                by repealing the definition "spoiled ballot paper" and substituting the following:



"spoiled ballot paper" means a ballot paper that, on polling day, has not been deposited in a ballot box for one of the following reasons:



(a)               a deputy returning officer has found the ballot paper to be soiled or improperly printed;



(b)               an elector has spoiled the ballot paper in marking it and handed it back to a deputy returning officer in exchange for another ballot paper; or



(c)                special ballot officers have determined that the ballot paper does not fulfill the requirements of subsection 87.3(11);



(g)               by repealing the definition "treatment centre" and substituting the following:



"treatment centre" means a nursing home, special care home, assisted living facility, psychiatric facility, extended care unit in a public hospital or any other residential facility operated for the purpose of the care and treatment of ten or more senior citizens or ten or more persons having a physical or mental disability;



2                           Section 10 of the Act is amended



(a)               by repealing paragraph (b);



(b)               in paragraph (c) by striking out "in the electoral district where they are to act" and substituting "in the Province".



3                           The Act is amended by adding after section 10 the following:



10.01               Notwithstanding section 10, a person who is sixteen years of age or older may be appointed as a poll clerk, an information officer or a constable if the person would be qualified as an elector if not for his or her age.



4                           Subsection 11(3) of the French version of the Act is amended by striking out "de vote" and substituting "de scrutin".



5                           Subsection 16(2) of the Act is amended by striking out "with operating hours from nine o'clock in the morning until five o'clock in the afternoon all days except Sundays" and substituting "with operating hours from nine o'clock in the morning until eight o'clock in the afternoon Monday to Saturday, inclusive, and from twelve o'clock noon until six o'clock in the afternoon on Sundays".



6                           The heading "SUPPLY OF ELECTION MATERIALS TO RETURNING OFFICER" preceding section 19 of the Act is repealed.



7                           Section 19 of the Act is repealed.



8                           Subsection 21(2) of the Act is amended by striking out "the registered political party whose candidates received the largest percentage of all votes cast in the previous general election, other than the government party," and substituting "the party of the official opposition".



9                           Subsection 30(5) of the French version of the Act is amended by striking out "bureau de vote" and substituting "bureau de scrutin".



10                        Paragraph 35(1)e) of the French version of the Act is amended by striking out "le le directeur" and substituting "le directeur".



11                        Subsection 42(1) of the French version of the Act is amended by striking out "toutes, les" and substituting "toutes les".



12                        Subparagraph 57(2)c)(i) of the French version of the Act is amended by striking out "les pièces d'identité appropriées" and substituting "une preuve d'identité appropriée".



13                        Subsection 59(5) of the Act is amended by striking out "ballots" and substituting "ballot papers".



14                        Section 61 of the Act is amended



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



61(1.01)       Before noon on the seventh day following the date of the writ, authorized officers of the registered district association in an electoral district associated with the government party may file with the returning officer for that electoral district a list of nominees for the office of deputy returning officer for each polling station in the electoral district.



61(1.02)       Before noon on the seventh day following the date of the writ, authorized officers of the registered district association in an electoral district associated with the party of the official opposition may file with the returning officer for that electoral district a list of nominees for the office of poll clerk for each polling station in the electoral district.



61(1.03)       When appointing deputy returning officers and poll clerks for polling stations under subsection (1), the returning officer shall, if appropriate,



(a)               appoint deputy returning officers from the list of nominees filed by the authorized officers of the registered district association in the electoral district associated with the government party, and



(b)               appoint poll clerks from the list of nominees filed by the authorized officers of the registered district association in the electoral district associated with the party of the official opposition.



61(1.04)       If the returning officer is unable to fill an office in accordance with paragraph (1.03)(a) or (b), the returning officer may appoint a person from either list to the office or appoint any person that the returning officer considers appropriate.



(b)               by repealing subsection (1.1) and substituting the following:



61(1.1)          The returning officer may, by writing in the form prescribed by regulation executed under his or her hand, appoint a supervisory deputy returning officer to coordinate and supervise the work of the deputy returning officers and poll clerks assigned to three or more polling stations in the electoral district.



(c)               by repealing subsection (6);



(d)               by repealing subsection (7);



(e)               by repealing subsection (9);



(f)                in subsection (10) by striking out "or deputy returning officer acting under subsection (9)" and substituting ", or the deputy returning officer if there is no supervisory deputy returning officer,";



(g)               by repealing subsection (11) and substituting the following:



61(11)            During the operating hours of the office of the returning officer, the returning officer shall permit any candidate or elector to examine and consult in the 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.



(h)               by repealing subsection (12).



15                        Subsection 62(2) of the English version of the Act is amended by striking out "ballots" and substituting "ballot papers".



16                        Section 63 of the Act is amended



(a)               in subsection (1) of the English version by striking out "ballots" and substituting "ballot papers";



(b)               in subsection (2) by striking out "The ballots shall be printed papers in the form prescribed by regulation; the face of the ballot" and substituting "The ballot papers shall be printed papers in the form prescribed by regulation; the face of the ballot paper";



(c)               by repealing subsection (2.1) and substituting the following:



63(2.1)          The names of the candidates appearing on the ballot paper shall be printed exactly as the names are set out in the headings of the nomination papers, exclusive of any professional, academic or honorary title or its abbreviation, and shall be in large type and shall precede the description of the political affiliations of the candidates.



(d)               in subsection (3) of the French version by striking out "le bulletin de vote" and substituting "le bulletin";



(e)               in subsection (7) of the French version by striking out "ce bulletin" and substituting "ce bulletin de vote";



(f)                in subsection (10) of the English version by striking out "ballot" and substituting "ballot paper".



17                        Subsection 68.1(1) of the French version of the Act is amended by striking out "bureau de vote" and substituting "bureau de scrutin".



18                        Section 70 of the Act is amended



(a)               by repealing paragraph (b);



(b)               in paragraph (e) by striking out "blank".



19                        Section 75 of the Act is amended



(a)               in subsection (1) by striking out "70(1)(a)" and substituting "70(a)";



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



75(7)               If it is ascertained that the applicant elector's name appears on the official list of electors or that the elector is otherwise qualified to vote at the polling station, the elector shall immediately be allowed to vote unless an election officer, a scrutineer or an elector representing a recognized party or an independent candidate, present at the polling station, desires that the elector be sworn first.



20                        Subsection 76(3) of the Act is amended



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



76(3)               In any polling division, a person who is qualified to vote in the electoral district in which an election is pending and who is ordinarily resident in the polling division on polling day may, notwithstanding that the person's name does not appear on the official list of electors for the polling division, vote at the polling station established for the polling division if he or she takes and subscribes an oath in the form prescribed by regulation before an election officer authorized under subsection 124(2) to administer an oath, and



(b)               in paragraph (a) by striking out "to the deputy returning officer or supervisory deputy returning officer" and substituting "to an election officer authorized under subsection 124(2) to administer an oath".



21                        Subsection 76.1(4) of the Act is amended in the portion preceding paragraph (a) by striking out "A deputy returning officer or supervisory deputy returning officer" and substituting "An election officer".



22                        Subsection 77(2) of the English version of the Act is amended by striking out "ballot" and substituting "ballot paper".



23                        Subsection 78(1) of the Act is amended by striking out "ballot" and substituting "ballot paper".



24                        Section 79 of the Act is amended



(a)               in paragraph a) of the French version by striking out "bulletin de vote" and substituting "bulletin";



(b)               in paragraph (b) of the English version by striking out "The" and substituting "the";



(c)               in paragraph d) of the French version by striking out "du l'alinéa" and substituting "de l'alinéa".



25                        Subsection 82(3) of the French version of the Act is amended



(a)               by repealing paragraph b) and substituting the following:



b)                  plier le bulletin de vote suivant les instructions reçues de manière à ce que les initiales apposées au verso du bulletin de vote soient visibles sans déplier le bulletin de vote;



(b)               in paragraph c) by striking out "si le bulletin" and substituting "si le bulletin de vote".



26                        Subsection 83(4) of the English version of the Act is amended by striking out "such ballot" and substituting "such ballot paper".



27                        Section 83.1 of the Act is repealed and the following is substituted:



83.1                  Following receipt of the writ, each returning officer shall determine if there are any treatment centres or public hospitals in the electoral district for which he or she is appointed and, if so, the returning officer shall before nomination day,



(a)               in consultation with the administrator or person appointed by the treatment centre or public hospital,



(i)         determine if a mobile polling station is required to take the vote of the residents or patients of the facility, and



(ii)       if a mobile polling station is required, fix the hours on polling day when the poll will be taken at the treatment centre or public hospital, and



(b)               appoint a deputy returning officer and a poll clerk for each mobile polling station.



28                        Section 87.1 of the Act is repealed and the following is substituted:



87.1(1)          A returning officer shall appoint two special ballot officers in the following manner:



(a)               one from the list of nominees filed under subsection 61(1.01); and



(b)               one from the list of nominees filed under subsection 61(1.02).



87.1(2)          Notwithstanding section 82, an elector who has reason to believe that, because of absence, illness or incapacity, he or she will be unable to vote on the days set for the advance polls and on polling day may apply in the manner and form prescribed by regulation to a special ballot officer for a special ballot paper for the electoral district in which he or she is ordinarily resident.



87.1(3)          An application under subsection (2) may be made at any time after the issuance of the writ and shall be made in time to permit the return of the special ballot paper to the special ballot officers no later than eight o'clock in the afternoon on polling day.



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



87.2                  Special ballot papers shall be in the form prescribed by regulation, shall be printed on water mark paper and shall be provided to special ballot officers by the Chief Electoral Officer.



30                        Section 87.3 of the Act is repealed and the following is substituted:



87.3(1)          Before issuing a special ballot paper, a special ballot officer shall ensure that the applicant elector's name appears on the list of electors for the electoral district in which the elector ordinarily resides and shall ensure that the elector has not previously been issued a special ballot paper.



87.3(2)          A person who is qualified to vote and whose name does not appear on the list of electors for the electoral district in which the person ordinarily resides may apply to have his or her name added to the list when applying for a special ballot paper under section 87.1.



87.3(3)          A special ballot officer shall issue a special ballot paper



(a)               by giving it to the elector, or



(b)               by forwarding it by certified mail or courier to the address of the elector shown on the application referred to in section 87.1.



87.3(4)          Upon issuing a special ballot paper to an elector, a special ballot officer shall record the following in the special ballot poll book:



(a)               the name and address of the elector;



(b)               the electoral district and the polling division in which the elector ordinarily resides;



(c)                where and when the special ballot paper was issued to the elector; and



(d)               whether the special ballot paper was issued in person, by certified mail or by courier.



87.3(5)          If a special ballot paper is issued to an elector in accordance with paragraph (3)(a),



(a)               the elector shall



(i)         write the name of the candidate for whom he or she votes in the space provided for this on the special ballot paper,



(ii)       place a mark on the special ballot paper beside the word "yes" or "no" opposite a question submitted to plebiscite, and



(iii)    fold the special ballot paper and deposit it in the ballot box, and



(b)               the special ballot officers shall record in the special ballot poll book that the elector has voted.



87.3(6)          If a special ballot paper is issued to an elector in accordance with paragraph (3)(a), two special ballot officers shall be present to take the vote of the elector.



87.3(7)          If an elector is unable to vote without assistance, in accordance with subsection 83(4) and in the presence of another special ballot officer, a special ballot officer may assist the elector in completing a special ballot paper.



87.3(8)          If a special ballot officer is unavailable, a returning officer or an election clerk may issue a special ballot paper to an elector in accordance with paragraph (3)(a) and may take the vote of an elector in the same manner as a special ballot officer.



87.3(9)          If a special ballot paper is issued to an elector in accordance with paragraph (3)(b), the following shall be issued with the special ballot paper:



(a)               instructions indicating how to complete and return the special ballot paper;



(b)               the names and political affiliations of all candidates in the electoral district in which the elector ordinarily resides; and



(c)                a ballot envelope and a certificate envelope.



87.3(10)       Upon receipt of a special ballot paper in accordance with paragraph (3)(b), an elector shall



(a)               write the name of the candidate for whom he or she votes in the space provided for this on the special ballot paper,



(b)               place a mark on the special ballot paper beside the word "yes" or "no" opposite a question submitted to plebiscite,



(c)                fold the special ballot paper, place it in the ballot envelope and seal the ballot envelope,



(d)               place the ballot envelope in the certificate envelope and seal the certificate envelope,



(e)                complete and sign the certificate on the certificate envelope, and



(f)                return the certificate envelope to the special ballot officers of the electoral district in which the special ballot paper was issued no later than eight o'clock in the afternoon on polling day.



87.3(11)       Upon receipt of a certificate envelope, the special ballot officers, acting together, shall ensure that



(a)               the certificate envelope is properly completed,



(b)               the name on the certificate envelope is the same as that of an elector to whom a special ballot paper was issued, and



(c)                the signature on the certificate envelope is the signature of the elector who applied for the special ballot paper.



87.3(12)       If the special ballot officers are satisfied that the requirements of subsection (11) have been fulfilled, they shall



(a)               remove the ballot envelope from the certificate envelope,



(b)               remove the special ballot paper from the ballot envelope without unfolding it,



(c)                deposit the folded special ballot paper in the special ballot box,



(d)               record in the special ballot poll book the date and time that the certificate envelope was received and that the elector named on the certificate has voted, and



(e)                destroy the certificate envelope and the ballot envelope.



87.3(13)       If the special ballot officers are not satisfied that the requirements of subsection (11) have been fulfilled, they shall mark "spoiled ballot paper" on the certificate envelope and deposit the unopened certificate envelope in an envelope designated for spoiled ballot papers.



87.3(14)       If a special ballot officer or a returning officer receives a certificate envelope after eight o'clock in the afternoon on polling day, the certificate envelope shall be dealt with in accordance with subsection (13) and he or she shall record in the special ballot poll book the time, date and place that the certificate envelope was received.



87.3(15)       An elector who has not returned a certificate envelope in accordance with paragraph (10)(f) shall not be issued a second special ballot paper unless



(a)               the elector returns the damaged or improperly marked special ballot paper that was originally issued to the elector to the special ballot officers, or



(b)               the elector provides the special ballot officers with an affidavit in which the elector subscribes that he or she has reason to believe that the special ballot paper will not be received by the special ballot officers by eight o'clock in the afternoon on polling day, and the affidavit shall include the basis for the elector's belief.



87.3(16)       Subsection 82(4) applies with the necessary modifications to a special ballot issued under paragraph (3)(a).



87.3(17)       No person shall vote at an advance poll or on polling day if



(a)               the person has voted by special ballot, or



(b)               the person has been issued a special ballot paper that has not been returned to a special ballot officer.



31                        Section 87.4 of the Act is repealed and the following is substituted:



87.4(1)          There shall be at least one special ballot box in each electoral district.



87.4(2)          The special ballot officers, in the presence of the returning officer, shall seal the special ballot box before any special ballot papers are issued, and the box shall remain sealed until after the close of the polls on the ordinary polling day.



32                        The Act is amended by adding after section 87.4 the following:



87.5(1)          For the purpose of counting special ballots, a returning officer shall designate one special ballot officer as a deputy returning officer and one special ballot officer as a poll clerk.



87.5(2)          Immediately following the close of the ordinary poll and in the presence of the returning officer and the candidates and their agents who may attend, the special ballots shall be counted at the office of the returning officer by the special ballot officers and they shall 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 the statements and other documents required by this Act to be made and to be written in or attached to the poll book shall be made in the special ballot poll book.



87.5(3)          The special ballot officers shall count and record the special ballots for each electoral district separately and shall notify the returning officer for each electoral district for which they have special ballots of the number of votes for each candidate in that electoral district.



87.5(4)          For the purpose of counting special ballots, a special ballot shall not be rejected if the intent of the elector is clear, notwithstanding that the name of the candidate written on the special ballot does not appear exactly as it is set out in the candidate's nomination paper.



33                        Section 89 of the Act is amended



(a)               by repealing paragraph (a) and substituting the following:



(a)               count the number of voters whose names appear in the poll book as having voted on the ordinary polling day and record that number in the statement of the poll,



(b)               in paragraph b) of the French version by striking out "bulletins" wherever it appears and substituting "bulletins de vote";



(c)               in paragraph g) of the French version by striking out "bulletin de vote" and substituting "bulletin".



34                        Section 90 of the French version of the Act is amended



(a)               in the portion preceding paragraph a) by striking out "bulletins de vote" and substituting "bulletins";



(b)               in paragraph d) by striking out "bulletin de vote" and substituting "bulletin".



35                        Section 91 of the Act is amended



(a)               in subsection (1) of the French version



(i)         in the portion preceding paragraph a) by striking out "bulletin de vote" and substituting "bulletin";



(ii)       in paragraph b) by striking out "bulletin de vote" and substituting "bulletin";



(b)               in subsection (2)



(i)         in the portion preceding paragraph (a) by striking out "ballot paper" and substituting "ballot";



(ii)       in paragraph (a) by striking out "ballot paper" and substituting "ballot";



(c)               in subsection (3) of the French version by striking out "bulletin de vote" wherever it appears and substituting "bulletin";



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



91(5)               When the counting of votes has been completed, the deputy returning officer shall



(a)               put the ballots that have been counted in the envelopes provided for that purpose, separating, so far as possible, the ballots upon which votes have been given for each candidate, and



(b)               put the rejected ballot papers in the separate envelope provided for that purpose,



and the deputy returning officer shall then seal and sign the several envelopes containing the spoiled ballot papers, the unused ballot papers, the counted ballots and the rejected ballot papers and the poll clerk shall, and such other persons present as wish to do so may, sign such envelopes.



(e)               in subsection (7) by striking out "; and he shall also deliver one copy of such statement of the poll to such scrutineers and electors representing recognized parties or independent candidates as are present and shall mail one copy to each candidate, in a special envelope provided for that purpose, to the candidate's address as stated in the nomination paper";



(f)                by repealing subsection (8) and substituting the following:



91(8)               The envelopes containing the ballot papers unused, spoiled or rejected and the counted ballots, each lot in the proper envelope, and other documents used at the poll, other than the poll book and the list of electors, shall be placed in the large envelope supplied for that purpose, and this envelope shall be immediately sealed and placed in the ballot box, along with a separate envelope containing the official statement of the poll prepared for the returning officer.



(g)               in subsection (9) by striking out "transmitted by registered mail, or".



36                        Subsection 92(9) of the French version of the Act is amended by striking out "a cette occasion" and substituting "à cette occasion".



37                        Section 94 of the Act is amended



(a)               in subsection (1) of the French version by striking out "bulletins de vote" wherever it appears and substituting "bulletins";



(b)               in subsection (1.1) of the French version by striking out "à déclaré" and substituting "a déclaré";



(c)               in subsection (4) by striking out "the ballots counted, rejected and spoiled" and substituting "the counted ballots, the rejected ballot papers and the spoiled ballot papers";



(d)               in subsection (6) by striking out "the ballots counted, rejected and spoiled" and substituting "the counted ballots, the rejected ballot papers and the spoiled ballot papers";



(e)               in subsection (8) of the French version by striking out "rejeter un bulletin de vote" and substituting "rejeter un bulletin";



(f)                in subsection (12) by striking out "all the ballot papers" and substituting "all the ballots and ballot papers";



(g)               by repealing subsection (13) and substituting the following:



94(13)            The judge shall deliver a copy of the certificate under subsection (12) to each candidate in the same manner as the declaration delivered by the returning officer under subsection 92(9), and the judge's certificate shall be deemed to be substituted for the certificate previously issued by the returning officer.



38                        The heading "PROCEDURE IF JUDGE OF THE COURT OF QUEEN'S BENCH OF NEW BRUNSWICK FAILS TO COMPLY" preceding section 95 of the Act is repealed.



39                        Section 95 of the Act is repealed.



40                        Paragraph 96(1)(i) of the Act is repealed and the following is substituted:



(i)                the returns from the various polling stations enclosed in sealed envelopes, as prescribed by subsection 91(8), and containing the envelopes containing ballot papers unused, spoiled and rejected, and the counted ballots, and a packet containing the poll book, the official list of electors used at the poll, the written appointments of scrutineers and the used transfer certificates; and



41                        Section 99 of the Act is amended



(a)               by repealing subsection (4.1);



(b)               by repealing paragraph (5)(c).



42                        Section 100 of the French version of the Act is amended by striking out "anticpation" and substituting "anticipation".



43                        Section 101 of the Act is repealed and the following is substituted:



101                   An elector who is ordinarily resident in a polling division comprised in an advance polling district may vote at the advance polling station in the district.



44                        Section 102 of the Act is amended



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



102(1)            The deputy returning officer, upon being satisfied that a person who applies to vote at an advance polling station is a person who is qualified to vote in a polling division comprised in the advance polling district, shall require the person to complete and sign a declaration for voting at an advance poll.



(b)               in subsection (1.1) by striking out "completing the affidavit required under subsection (1)" and substituting "being permitted to vote";



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



102(2)            A person who applies to vote at an advance polling station shall be permitted to vote unless an election officer or scrutineer present at the advance poll desires that the person take an oath in the form prescribed for subsection 77(1), and he or she refuses to do so.



(d)               by repealing subsection (4);



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



102(5)            No elector who votes at an advance poll is entitled to vote on the ordinary polling day.



45                        Section 103 of the Act is amended



(a)               in paragraph (2)(b) by striking out "and the completed affidavits for voting at an advance poll, in the prescribed form";



(b)               in subsection (3)



(i)         in paragraph (b) by striking out "ballot papers" wherever it appears and substituting "ballots";



(ii)       by repealing paragraph (d) and substituting the following:



(d)               count the unused ballot papers and place them in the special envelope supplied for that purpose, seal the envelope with a gummed paper seal prescribed by the Chief Electoral Officer and indicate on the envelope the number of unused ballot papers.



(c)               in subsection (6) of the French version by striking out "le les registres de scrutin pour les bureaux de scrutin par anticipation anticipation" and substituting "les registres de scrutin pour les bureaux de scrutin par anticipation";



(d)               in subsection (7) of the French version by striking out "bulletins" and substituting "bulletins de vote";



(e)               by repealing subsection (8).



46                        Section 105 of the Act is repealed.



47                        Paragraph 106(1)h) of the French version of the Act is amended by striking out "à voté" and substituting "a voté".



48                        Section 109.1 of the Act is repealed.



49                        Section 113 of the Act is repealed and the following is substituted:



113                   An election officer authorized under subsection 124(2) to administer an oath 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 the election officer to an elector, shall for every such neglect or refusal pay the sum of two hundred dollars.



50                        Subsection 116(1) of the French version of the Act is amended by striking out "l'affichage" and substituting "l'affichage, est coupable d'une infraction".



51                        Subsection 117(1.1) of the French version of the Act is amended by striking out the semicolon at the end of the subsection and substituting a period.



52                        Subsection 124(2) of the Act is amended by striking out "a poll clerk" and substituting "a poll clerk, a special ballot officer, an information officer".



53                        Paragraph 138(1)(c) of the Act is repealed and the following is substituted:



(c)                an official agent appointed under section 69 of the Political Process Financing Act and filed under this section.



54                        Schedule B of the Act is amended by striking out



105(a)    F

105(b)    F

109.1       C



55                        This Act or any provision of it comes into force on a day or days to be fixed by proclamation.



EXPLANATORY NOTES



Section 1



(a)               Consequential amendment.



(b)               Consequential amendment.



(c)                The existing definition is as follows:



"proper identification" means two documents of identification, excluding financial cards and credit cards, one of which must include the person's name and signature and one of which must include the person's name and address;



(d)               A correction is made.



(e)                The existing definition is as follows:



"public hospital" means a hospital facility that is prescribed by regulation to be a public hospital for the purposes of this Act;



(f)                The existing definition is as follows:



"spoiled ballot paper" means a ballot paper that, on polling day, has not been deposited in the ballot box but has been found by the deputy returning officer to be soiled or improperly printed, or has been handed by the deputy returning officer to an elector to cast his vote, and



(a)               has been spoiled in marking by the elector, and



(b)               has been handed back to the deputy returning officer and exchanged for another;



(g)               The existing definition is as follows:



"treatment centre" means a nursing home, special care home, sanatorium, psychiatric facility, extended care unit in a public hospital or any other residential facility operated for the purpose of the care and treatment of ten or more persons having a physical or mental disability;



Section 2



The existing provision is as follows:



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



(a)               persons under the age of eighteen years;



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



(c)                persons not qualified as electors in the electoral district where they are to act;



(d)               persons who have been found guilty of a corrupt practice under the electoral laws of Canada, of any province, or of any municipality.



Section 3



New provision.



Section 4



A correction is made.



Section 5



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 with operating hours from nine o'clock in the morning until five o'clock in the afternoon all days except Sundays.



Section 6



Consequential amendment.



Section 7



The existing provision is as follows:



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



(a)               such number of copies of this Act as are required for the proper conduct of the election by the returning officer and to enable him to supply to each election officer a copy thereof,



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



(c)                sufficient election supplies, blank poll books and blank forms, including the forms of oaths, for the purposes of the election.



Section 8



The existing provision is as follows:



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 enumerators for a polling division shall, as far as possible, select enumerators

from such lists.



Sections 9 to 13



Corrections are made.



Section 14



(a)               New provisions.



(b)               The existing provision is as follows:



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.



(c)                The existing provision is as follows:



61(6)               Where a deputy returning officer fails from any cause to perform his duties to the satisfaction of the returning officer, or supervisory deputy returning officer where one has been appointed, the returning officer or supervisory deputy 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.



(d)               The existing provision is as follows:



61(7)               Where the poll clerk acts as deputy returning officer, he shall by writing in the form prescribed by regulation entered in the poll book, in his turn appoint another poll clerk, who shall take and subscribe the oath in the form prescribed by regulation.



(e)                The existing provision is as follows:



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 supervisory deputy returning officer where one has been appointed, or the deputy returning officer if there is no supervisory deputy returning officer shall appoint another person whom he deems competent to act in his place.



(f) & (g) Consequential amendments.



(h)               The existing provision is as follows:



61(12)            If in the opinion of the Chief Electoral Officer there is a need to clarify the location of a polling station, and if the Chief Electoral Officer so advises the deputy returning officer for that polling station, the deputy returning officer shall cause to be mailed, at least seven days before polling day, to each elector who may vote at that polling station a notice stating the location of the polling station.



Section 15



A correction is made.



Section 16



(a) & (b)               Corrections are made.



(c)                The existing provision is as follows:



63(2.1)          The names of the candidates appearing on the ballot shall be printed exactly as such names are set out in the headings of the nomination papers, and shall be in large type and shall precede the description of the political affiliations of the candidates.



(d) - (f)    Corrections are made.



Section 17



A correction is made.



Section 18



The existing provisions are as follows:



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



(b)               a copy of this Act; …



(e)                a blank poll book, in the form prescribed by regulation;



Section 19



(a)               A correction is made.



(b)               The existing provision is as follows:



75(7)               When it has been ascertained that the applicant elector's name appears on such list or that he is otherwise qualified to vote at the polling station, his name, address and sex shall be entered in the poll book to be kept by the poll clerk, in the form prescribed by regulation, a consecutive number being prefixed to the elector's name in the appropriate column of the poll book, and the elector shall immediately be allowed to vote unless an election officer, a scrutineer, or an elector representing a recognized party or an independent candidate, present at the polling station desires that he be first sworn.



Section 20



Consequential amendments.



Section 21



Consequential amendment.



Sections 22 to 26



Corrections are made.



Section 27



The existing provision is as follows:



83.1(1)          Each returning officer shall, following receipt of the writ, determine if there are in the electoral district for which he was appointed any treatment centres and public hospitals and, if so, he shall before nomination day,



(a)               in consultation with the administrator or person appointed by the treatment centre or public hospital,



(i) determine the number of mobile polling stations to be established, and



(ii) fix the hours on polling day when the poll will be taken at the treatment centre or public hospital,



and



(b)               appoint a deputy returning officer and poll clerk for each mobile polling station.



83.1(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 offices of deputy returning officer and poll clerk respectively for mobile polling stations in the electoral district.



83.1(3)          In appointing deputy returning officers and poll clerks for mobile polling stations under subsection (1), the returning officer shall



(a)               appoint deputy returning officers from the list of nominees filed or caused to be filed by the authorized officers of the registered district association in the electoral district associated with the government party, and



(b)               appoint poll clerks from the list of nominees filed or caused to be filed by the authorized officers of the registered district association in the electoral district associated with the registered political party whose candidates received the largest percentage of all votes cast in the previous general election, other than the government party.



Section 28



The existing provision is as follows:



87.1(1)          Notwithstanding section 82, an elector who is entitled to vote at an election and who has reason to believe that, because of absence, illness or incapacity, he will be unable to vote in the polling division at which he is entitled to vote on the days set for the advance polls and on polling day may apply in the manner and form prescribed by regulation to the returning officer of the electoral district where he is ordinarily resident for a ballot paper.



87.1(2)          An application under subsection (1) may be made at any time after the issue of the writ and shall be made in such time to allow for the return of the ballot paper at the time set out in subsection 87.3(4) or (4.1).



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



(a)               ensure that the name of the elector is on the list of electors for the electoral district,



(b)               if the ballot paper is to be issued to an agent, ensure that the agent is authorized to act on behalf of the elector,



(c)                enter in the special 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



(d)               ensure that the signature of the returning officer appears on the back of the ballot paper and the certificate envelope.



87.1(3.1)      The returning officer shall issue a ballot paper by



(a)               forwarding it by certified mail to the address of the elector shown on the application referred to in subsection (1), or



(b)               giving it to the elector or to the agent who is authorized to receive the ballot paper.



87.1(4)          Repealed: 1985, c.45, s.17.



87.1(5)          The returning officer shall not issue more than one ballot paper to each elector applying therefor except when a ballot paper is spoiled and is returned to the returning officer.



87.1(6)          No person shall act or hold himself out as an agent for more than ten electors with respect to any election.



Section 29



The existing provision is as follows:



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.



Section 30



The existing provision is 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)               Repealed: 1998, c.32, s.62.



(b)               Repealed: 1998, c.32, s.62.



(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 in the space provided on the face of the ballot paper, in pen or pencil to indicate,



(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 eight o'clock in the afternoon of Friday, the third 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 special 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 "special ballot" opposite the name of the elector, and



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



87.3(7)          If a certificate envelope is received by a returning officer after the time prescribed by subsection 87.3(4) or (4.1), the ballot it contains shall be considered a spoiled ballot and the certificate envelope shall be retained by the returning officer, who shall record on it the reason for its rejection.



Section 31



The existing provision is as follows:



87.4(1)          Repealed: 1980, c.17, s.32.



87.4(2)          Repealed: 1980, c.17, s.32.



87.4(3)          Each returning officer who, pursuant to subsection 87.3(4) or (4.1), is in possession of certificate envelopes containing ballots to be counted in an election in his electoral district shall safeguard the certificate envelopes until polling day.



87.4(3.1)      Repealed: 1985, c.45, s.20.



87.4(3.2)      Special 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 special ballot poll book.



87.4(3.3)      There shall be a ballot box provided for the counting of special ballots in each electoral district, and immediately prior to counting the special 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.



87.4(4)          Prior to counting the votes the deputy returning officer shall, in full view of those present, examine each certificate envelope and



(a)               if satisfied as to the identity of the person signing the envelope, that he is qualified to vote in the election, that he has not already voted and that the certificate envelope has been signed by a returning officer, shall remove the ballot envelope from the envelope, destroy the certificate envelope and deposit the ballot envelope in the ballot box, or



(b)               if not satisfied in accordance with paragraph (a), retain the certificate envelope and treat the ballot in the certificate envelope as a spoiled ballot, and mark the envelope accordingly.



87.4(4.1)      When all the certificate envelopes have been examined and such ballots as have not been treated as spoiled ballots have been placed in the ballot box, the deputy returning officer shall, in full view of those present, open the ballot box and proceed to count the votes.



87.4(4.2)      In counting the votes the deputy returning officer shall reject all ballot papers that do not bear the signature of the returning officer.



87.4(5)          Repealed: 1998, c.32, s.63.



Section 32



New provision.



Section 33



(a)               Consequential amendment.



(b) & (c) Corrections are made.



Section 34



Corrections are made.



Section 35



(a) - (d)   Corrections are made.



(e)                The existing provision is as follows:



91(7)               The deputy returning officer shall make the necessary number of copies of the statement of the poll in the form prescribed by regulation, one copy to be retained by the deputy returning officer and one copy for the returning officer that shall be enclosed in a special envelope supplied for the purpose, which envelope he shall seal and deposit by itself in the ballot box; and he shall also deliver one copy of such statement of the poll to such scrutineers and electors representing recognized parties or independent candidates as are present and shall mail one copy to each candidate, in a special envelope provided for that purpose, to the candidate's address as stated in the nomination paper.



(f)                The existing provision is as follows:



91(8)               The poll book, the several envelopes containing the ballot papers unused, spoiled, rejected or counted, each lot in the proper envelope, and the envelope containing the list of electors and other documents used at the poll, shall then be placed in the large envelope supplied for the purpose; and this envelope shall be immediately sealed and placed in the ballot box with, but not including the envelope containing the official statement of the poll prepared for the returning officer.



(g)               The existing provision is as follows:



91(9)               The ballot box shall then be sealed by the deputy returning officer with a metal or plastic seal and forthwith shall be transmitted by registered mail, or delivered to the returning officer according to the manner prescribed by the Chief Electoral Officer.



Sections 36 and 37



Corrections are made.



Section 38



Consequential amendment.



Section 39



The existing provision is as follows:



95(1)               In case of any omission, neglect or refusal of a judge of The Court of Queen's Bench of New Brunswick to comply with section 94, any party aggrieved may, within eight days thereafter, make application to a judge of the Court of Appeal for an order commanding the judge of The Court of Queen's Bench of New Brunswick to comply with section 94 and complete such recount or final addition.



95(2)               Such application may be made upon affidavit, which need not be entitled in any matter or cause, setting forth the facts relating to such omissions, refusal or neglect.



95(3)               The judge to whom the application is made shall, if it appears that there is such omission, refusal or neglect, make an order appointing a time, within eight days, and a place for the consideration of such application and directing the attendance of all parties interested at such time and place, and giving such directions for the service of the order, and of the affidavit or affidavits upon which the order was granted, upon the judge so alleged to be in default, and upon the other parties interested, as he thinks proper.



95(4)               If the circumstances appear to the judge to warrant it, he may direct that service upon any of such parties may be substitutional, or may be made by mail, or by posting, or in any other manner.



95(5)               The judge of The Court of Queen's Bench of New Brunswick complained of, or any of the parties interested, may file in the office of the Registrar of the Court of Appeal affidavits in reply to those filed by the applicant, and upon demand shall furnish the applicant with copies thereof.



95(6)               At the time and place appointed, or at any other time and place to which the hearing may be adjourned, after hearing the parties, or such of them as are present, or their counsel, the judge or some other judge of the Court of Appeal shall make such order as the facts of the case in the opinion of such judge warrant, either dismissing the application or ordering the judge in default to take such action as is necessary in order to comply with the requirements of this Act in respect of the recount or final addition of votes, and to proceed with and complete such recount or final addition, and the judge may make such order as to costs as he thinks proper.



95(7)               A judge of The Court of Queen's Bench of New Brunswick so found to be in default shall forthwith carry out the directions of any order so made and there shall be the same remedies for the recovery of the costs awarded by such order as for that of the costs in ordinary cases in the Court of Appeal.



95(8)               In the event of a return to the writ of election having been, at the time of issue of an order under this section, made by the returning officer to the Chief Electoral Officer under the provisions of subsection 94(12), the Chief Electoral Officer shall, upon being furnished with a certified copy of such order, send back to the returning officer all election papers required for use on the recount or final addition.



95(9)               Upon receiving the judge's certificate of the result of the recount or final addition, the returning officer shall make and give due notice of a fresh declaration of the election that shall replace any previous declaration, and if the result of the recount or final addition is that some person other than the person named in the original return is certified to be returned a second return to the writ shall be made by the returning officer and shall be dealt with in all respects in the same way as, and has the effect of cancelling, the original return; if, however, the result of the recount or final addition is to confirm the original return the returning officer shall forthwith send back the papers to the Chief Electoral Officer, but shall not make any second or substitute return to the writ of election.



Section 40



Consequential amendment.



Section 41



(a)               The existing provision is as follows:



99(4.1)          Additional advance polls shall be held in the office of the returning officer for each electoral district between the hours of ten o'clock in the forenoons and eight o'clock in the afternoons of Tuesday, Wednesday, and Thursday, the sixth, fifth, and fourth days before the ordinary polling day.



(b)               The existing provision is as follows:



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



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



Section 42



A correction is made.



Section 43



The existing provision is as follows:



101                   Any elector who is ordinarily resident in 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 44



(a)               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 who is qualified to vote in a polling division comprised in the advance polling district, shall



(a)               fill in the affidavit for voting at an advance poll, in the form prescribed by regulation, to be taken and subscribed to by the person so applying,



(b)               allow such person to take and subscribe to such

affidavit before him,



(c)                complete the attestation clause on such affidavit,



(d)               consecutively number each such affidavit in the order in which it was taken and subscribed to, and



(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.



(b)               The existing provision is as follows:



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).



(c)                The existing provision is as follows:



102(2)            After a person who applies to vote at an advance polling station has taken and subscribed to the affidavit referred to in subsection (1), he shall be allowed to vote unless an election officer or agent present at the advance poll desires that he take an oath in the form prescribed for subsection 77(1), and he refuses.



(d)               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 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.



(e)                The existing provision is as follows:



102(5)            No elector who has taken and subscribed to an affidavit for voting at an advance poll in the prescribed form, is entitled to vote on the ordinary polling day.



Section 45



(a)               Consequential amendment.



(b)(i)         A correction is made.



(b)(ii)       Consequential amendment.



(c) & (d) Corrections are made.



(e)                Consequential amendment.



Section 46



Consequential amendment.



Section 47



A correction is made.



Section 48



Consequential amendment.



Section 49



Consequential amendment.



Sections 50 and 51



Corrections are made.



Section 52



The existing provision is as follows:



124(2)            Where in this Act any oath, affirmation, affidavit or statutory declaration is authorized or directed to be made, taken or administered, the oath, affirmation or declaration shall be made before and administered by the person who by this Act or the regulations is expressly required to administer it, and if no particular person is required to administer it, then by the judge of any court, the returning officer, the election clerk, a supervisory deputy returning officer, a deputy returning officer, a poll clerk, a notary public or a commissioner of oaths.



Section 53



A correction is made.



Section 54



Consequential amendments.



Section 55



Commencement provision.


.........................................................................................................................................................................................................
Legend
* Private Bill
** Bill referred to Standing Committee on Law Amendments
+ Private Member's Public Bill
++ Motion for second reading defeated
+++ Debate at second reading adjourned
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