Regulation Adapting the Canada Elections Act for the Purposes of a Referendum
Division 6
Counting of Votes at the Office of the
Chief Electoral Officer
Application
263. This Division applies to the counting of
all special ballots cast in accordance with this
Part, except those referred to in Division 7.
Administration
264. (1) The counting of the special ballots
shall be conducted by special ballot officers
under the supervision of the special voting rules
administrator.
Special ballot
officers
(2) Special ballot officers shall work in pairs of
persons representing different registered parties.
Directives
265. The Chief Electoral Officer shall prescribe
security instructions for the safekeeping
of special ballots, inner envelopes, outer envelopes
and all other referendum documents, and
instructions for the receiving, sorting and counting
of special ballots.
Counting of
votes
266. The counting of votes shall commence
on a date to be fixed by the Chief Electoral
Officer or, if no date is fixed, on Wednesday,
the 5th day before polling day.
Setting aside of
outer envelope
267. (1) The special ballot officers shall set
aside an outer envelope unopened when they
ascertain on its examination that
(a) the information concerning the elector,
as described on the outer envelope, does not
correspond with the information on the application
for registration and special ballot;
(b) the envelope, other than an envelope in
respect of an elector who has taken a vote
under section 216, 243 or 259, does not bear
the signature of an elector;
(c) the correct electoral district of the elector
whose ballot is contained in the outer envelope
cannot be ascertained; or
(d) the outer envelope has been received in
Ottawa by the special voting rules administrator
after 6:00 p.m. on polling day;
(e) not applicable.
Procedure when
elector votes
more than once
(2) If, after receiving but before counting
the outer envelopes, the special ballot officers
ascertain that an elector has voted more than
once, they shall lay the outer envelopes that
relate to the elector aside unopened.
Disposition of
outer envelopes
that are laid
aside
(3) When an outer envelope is laid aside
unopened as described in subsection (1) or (2),
(a) the outer envelope shall be endorsed by
the special voting rules administrator with the
reason why it has been laid aside;
(b) at least two special ballot officers shall
initial the endorsement; and
(c) in the case of an outer envelope laid aside
under subsection (1), the ballot contained in
it is deemed to be a spoiled ballot.
Special report
(4) The special voting rules administrator
shall prepare a report in respect of the number
of outer envelopes that are laid aside under this
Division.
Duties of special
ballot officers
268. Each pair of special ballot officers shall
count the votes for only one electoral district or
part of an electoral district at a time.
Rejection of
ballots
269. (1) Each pair of special ballot officers
shall, on examining a special ballot, reject it if
(a) it has not been supplied by the Chief
Electoral Officer;
(b) it is not marked;
(c) not applicable;
(d) it is marked in favour of more than one
answer to a referendum question; or
(e) there is any writing or mark on it by
which the elector could be identified.
(2) Not applicable.
Disputed ballots
(3) If a dispute arises as to the validity of a
special ballot, it shall be referred to the special
voting rules administrator, whose decision is
final.
Note of dispute
(4) The number of disputed special ballots
and the name of the electoral district in which
they were cast are to be noted by the special
ballot officers.
Statements of
the vote
270. (1) Each pair of special ballot officers
shall prepare a statement of the vote in the prescribed
form and deliver it to the special voting
rules administrator.
Safekeeping
(2) The special voting rules administrator
shall keep the statements of the vote in safe
custody until the day after the communication
of the results under section 280.
Copy to special
ballot officer
(3) On request, after the day that the results are communicated, a special ballot officer may be given a copy of the statement of the vote that he or she prepared.
Chief Electoral Officer to be informed of results of vote
271. Without delay after the counting of the
votes for every electoral district has been completed,
the special voting rules administrator
shall inform the Chief Electoral Officer of
(a) the number of votes counted for each
answer to a referendum question for every
electoral district;
(b) the total number of votes counted for each
electoral district; and
(c) the number of rejected ballots for each
electoral district.
Sending of
material to Chief
Electoral Officer
272. As soon as practicable after the counting
of the votes for every electoral district has been
completed, the special voting rules administrator
shall send to the Chief Electoral Officer, in
separate envelopes,
(a) the lists of electors;
(b) all other documents and referendum materials
received from commanding officers,
deputy returning officers and special ballot
officers;
(c) the oaths of office; and
(d) the complete files of correspondence,
reports and records in his or her possession.