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Referendum/Plebiscite process |
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Canada · Newfoundland and Labrador
· Prince Edward Island ·
· Nova Scotia · New
Brunswick · Quebec · Ontario
· Manitoba ·
· Saskatchewan · Alberta
· British Columbia · Yukon
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· Northwest Territories · Nunavut
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Canada |
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Period [R.A., s. 2(1)]
- The referendum period is the period beginning on the day the text of the referendum question is approved and ending on polling day at the referendum.
Polling day [CEA as adapted, s. 79(3)] [R.A., s. 6(5)]
- The day fixed for holding the poll must, at any referendum, be a Monday, unless the Monday of the week is a holiday, in which case, the day fixed for the poll must be Tuesday of the same week.
- Writs of referendum may not be issued during a general election nor may they be dated on a day later than the 36th day before polling day at the referendum.
Conduct [CEA as adapted, s. 4(1)] [R.A., s. 7(1), 7(3)-(4),
7(6)-(7)]
- The Chief Electoral Officer must exercise the powers and perform the duties specified in the Referendum Act.
- The Canada Elections Act, as adapted by regulation, applies in respect of a referendum.
- The Chief Electoral Officer may, by regulation, adapt the Canada Elections Act in such manner as the Chief Electoral Officer considers necessary for the purposes of applying that Act in respect of a referendum.
- The Chief Electoral Officer may make regulations respecting the conduct of a referendum and generally for carrying out the purposes and provisions of the Act.
- A copy of each regulation that the Chief Electoral Officer proposes to make must be deposited with the Clerk of the Senate and the Clerk of the House of Commons at least seven days before the day on which the regulation is proposed to be made.
- A regulation deposited with the Clerk of the Senate stands referred to such committee of the Senate as is designated to review the regulation, and a regulation deposited with the Clerk of the House of Commons stands referred to such committee of the House of Commons as may be designated to review the regulation, and the committees may make such recommendations to the Chief Electoral Officer with respect to the regulation as they consider appropriate.
Publication of results [CEA as adapted, s. 193(a)]
- The Chief Electoral Officer must, immediately after each referendum, cause to be printed a report giving, by polling divisions, the number of votes polled for each answer to a referendum question, the number of rejected ballots and the number of names on the final list of electors, together with any other information that he or she may deem fit to include.
CEO's report [CEA as adapted, s. 195(1)(a), 195(1)(d)]
- The Chief Electoral Officer must, within 60 days after the return of the writ, make a report to the Speaker of the House of Commons setting out: any matter or event that has arisen or occurred in connection with the administration of his or her office in the interval since the date of his or her last preceding report and that he or she considers should be brought to the attention of the House of Commons; and any amendments that, in his or her opinion, are desirable for the better administration of the Canada Elections Act as Adapted for the Purposes of a Referendum and the Referendum Act.
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Newfoundland
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Period [E.A., s. 58]
- The day of polling to be fixed by the proclamation must be a day not less than 21 clear days from the date of the proclamation.
Polling day
Conduct [E.A., s. 217(2), 5, 221, 218, 219(1)]
- Part I of the Elections Act, 1991 relating to the holding of elections applies, with the necessary changes, to a plebiscite or referendum except to the extent that the Lieutenant-Governor in Council by order otherwise directs.
- The Chief Electoral Officer must carry out the powers and duties of the Elections Act, 1991, including sections 217-221 respecting plebiscites.
- The Lieutenant-Governor in Council may make regulations:
- regulating or prohibiting, for the purpose of campaigning for or against a question put to the electors:
- contributions that may be made to political parties, persons or groups of persons; and
- expenses that may be incurred by political parties, persons and groups of persons; and
- generally, which the Lieutenant-Governor in Council considers necessary to facilitate the holding of a plebiscite or referendum.
- Where a plebiscite or referendum is held in conjunction with a referendum or plebiscite held by the government of Canada, the Lieutenant-Governor in Council may agree with the government of Canada that the provisions of the Canada Elections Act, including the use of the list of electors compiled under that Act and the use of returning officers and other election officials appointed under that Act, and the Referendum Act (Canada) must apply to the holding of a plebiscite or referendum.
Publication of results [E.A., s. 164]
- Part I of the Elections Act, 1991 applies to the publication of results. The Chief Electoral Officer must, immediately after each plebiscite or referendum, publish a report giving, by electoral districts: the number of votes cast for each question, the number of cancelled ballots, the number of rejected ballots, and the number of names on the list of electors.
CEO's report
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Prince Edward Island |
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Period
Polling day
Conduct [P.A., s. 3-4]
- The plebiscite must be conducted as nearly as may be possible, with the necessary changes, in the manner provided for the holding of provincial general elections.
- The Lieutenant Governor in Council may make regulations for the proper carrying out of the plebiscite, and particularly for regulating the procedure prior to, at, and after voting, the advertising of the taking of the vote, the publication and dissemination of literature pertaining to the matters to be voted upon, the procedure as to recount and such other matters as may be considered advisable.
Publication of results
CEO's report
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Nova Scotia |
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Period [L.P.R., s. 6(b)]
- Polling day must not be less than 36 days from the date of the letter commencing a plebiscite.
Polling day [L.P.R., s. 6(b)]
- Polling day must be a Tuesday.
Conduct [L.P.R., s. 3, 2(a)] [L.C.A., s. 43(6)(c), 43(7), 43(10)-(11)]
- The Administrator has general supervision over a plebiscite conducted under the Liquor Plebiscite Regulations.
- "Administrator" means the Chief Electoral Officer or the Assistant Chief Electoral Officer of the province.
- The Nova Scotia Liquor Corporation or the Alcohol and Gaming Authority must provide, or cause to be provided, a suitable place or places in the municipality, district or ward, as the case may be, in which the vote upon the question may be taken and must appoint one or more officers to receive and conduct the vote in such places. (NOTE: The responsibilities and duties of the Corporation are usually conducted by the Chief Electoral Officer.)
- Any officer so appointed must have the same powers and privileges as the corresponding officers in the case of an election for a member of the House of Assembly.
- The officers appointed to receive and conduct the vote must immediately after the close of the poll proceed to open the ballot boxes and, in the presence of the clerk at the poll and of at least three electors, to add together the number of votes in favour of the question and the number of votes against the question and must make a return to the Corporation in such form and in such manner as may be prescribed by the regulations.
- Subject to the approval of the Governor in Council, the Corporation must give such directions and make such regulations and prepare such forms as may appear to be necessary or convenient for carrying out the vote and for the guidance of persons appointed to conduct and receive the vote and other officers or persons employed in the taking of a vote.
- The Corporation may apply, modify or alter any of the provisions of the Elections Act and may make due provision for circumstances which may arise and which are not otherwise provided for.
- The forms to be used at the taking of a vote upon the question and the procedure with respect to voting and other matters must be the same as nearly as may be as in the case of an election of a member to the House of Assembly but such forms and procedure may be modified and altered to such extent as may be deemed necessary.
Publication of results [L.P.R., s. 101(1)-(2)]
- Where there is no recount, on the 14th day after ordinary polling day, the returning officer must declare and certify in writing to the Administrator the result of the vote and thereby make the plebiscite return.
- Where there has been a recount and a majority of votes have been cast either for or against the question, the returning officer must, upon receipt of the recapitulation sheet from the judge, declare and certify in writing to the Administrator the result of the vote and thereby make the plebiscite return.
CEO's report
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New Brunswick |
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Period
Polling day [E.A., s. 14(1)]
- The day fixed for the poll must at any election be a Monday, unless the Monday of the week in which it is desired to hold the poll is a holiday when the day fixed for the poll must be Tuesday of the same week.
Conduct [E.A., s. 5(4)(a), 129(5)(b), 129(6)-(7), 129(12), 129(11)]
- The Chief Electoral Officer must exercise general direction and supervision
over the administration of the Election Act.
- In an electoral district where a member is elected by acclamation
the returning officer must issue a notice of taking of a poll in the
form prescribed by regulation and publish in the same manner as if he
or she had granted a poll where more than one candidate was nominated.
- A question must be printed upon the ballot papers as indicated in
the form prescribed by regulation and in each electoral district in
which a poll has been granted must be printed in like form following
the names of the candidates.
- The votes of electors in answer to a question must be counted and
reported as provided for the counting of votes for candidates, but the
returning officer must not vote in any event.
- The Lieutenant-Governor in Council may make such regulations as he
or she deems necessary for the purposes of holding a plebiscite.
Publication of results [E.A., s. 129(11)]
- The returning officer in each electoral district must certify to the Chief Electoral Officer the total number of affirmative and negative votes given in answer to a question and the Chief Electoral Officer must publish in The Royal Gazette a notice giving the number of such votes cast in each electoral district.
CEO's report [E.A., s. 97(1)]
- The Chief Electoral Officer must, before the commencement of, or during, any session of the Legislature, make a report to the Speaker of the Legislative Assembly as to any matter or event that has arisen or occurred in connection with any election and/or plebiscite in the interval since the date of his or her next preceding report and that he or she considers should be brought to the attention of the House.
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Quebec |
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Period [Special Version of E.A., s. 131]
- The referendum period is a minimum of 33 days and a maximum of 39 days.
Polling day [Special Version of E.A., s. 131]
- The polling must take place on the fifth Monday following the issue of the order instituting the election if the order is issued on a Monday, Tuesday or Wednesday, or on the sixth Monday if the order is issued on another day.
- If polling day falls on a holiday, the poll must be held on the following day.
Conduct [R.A., s. 2-5, 43-44, 47]
- A Conseil du référendum is established, composed of
three judges of the Court of Quebec, one of whom is the chairman, designated
by the chief judge of that Court. It has exclusive jurisdiction to hear
any judicial proceeding relating to a referendum and to the application
of the Referendum Act.
- Only the President or a member of the National Assembly may apply
to the Conseil du référendum to render a decision on the
subject of a referendum. The Conseil must render a decision within 10
days of this application, failing which the subject of the referendum
is deemed to be not substantially similar to that of a referendum held
during the same Legislature.
- The Conseil du référendum must give its opinion on
any question of law or technical question submitted to it by the Government
respecting the holding of a referendum.
- The Chief Electoral Officer and his personnel have with respect to
the holding of a referendum powers similar to those granted to them
by the Election Act with respect to elections.
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Except to the extent that the Referendum Act provides otherwise,
every referendum must be governed by the provisions of the Election
Act that are in force at the time and with, where necessary, the
amendments indicated therein. The regulations made under the Election
Act and writs made under the Act apply, mutatis mutandis,
to a referendum.
- The Chief Electoral Officer must make, in addition to causing a special
version of the Election Act to be printed, such measures of concordance
as are necessary for the carrying out of the Referendum Act in
the special version of the Election Act that is printed.
Publication of results [Special Version of E.A., s. 380-381]
- The Chief Electoral Officer must, as soon as possible, publish a notice in the Gazette officielle du Québec indicating, for each electoral division, the number of votes for each of the options appearing on the ballot paper.
- The Chief Electoral Officer must, as soon as possible after the referendum, publish a detailed return of the referendum, containing, in particular, the results for each electoral precinct, and also indicating the results of each polling subdivision. He or she must submit the return to the Secretary General of the National Assembly.
CEO's report [Special Version of E.A., s. 490]
- If, during the referendum period, it comes to the attention of the Chief Electoral Officer that, subsequent to an error, emergency or exceptional circumstance, a provision of the Act does not meet the demands of the resultant situation, he or she may adapt such provision in order to achieve its object. Within 30 days after polling day, the Chief Electoral Officer must transmit to the President or the Secretary General of the National Assembly a report of the decisions he or she has made pursuant to the above.
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Ontario |
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Period [T.P.A., s. 10]
- The Lieutenant Governor in Council may issue a writ of referendum
and must fix the date of the referendum, which must be at least 28 days
and not more than 56 days after the day on which the writ is issued.
Polling day [T.P.A., s. 10]
- Polling day must be a Thursday.
Conduct [T.P.A., s. 18(1), 19]
Publication of results
CEO's report
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Manitoba |
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Period
Polling day
Conduct [B.B.A., s. 11(1), 11(3)] [M.H.A., s. 15.3(2), 15.3(4)]
- A referendum under The Balanced Budget, Debt Repayment and Taxpayer
Protection Act must be conducted and managed by the Chief Electoral
Officer in the same manner, to the extent possible, as a general election
under The Elections Act, and the provisions of The Elections
Act apply with necessary modifications to a referendum.
- The Lieutenant Governor in Council may make any regulations that
he or she considers necessary respecting the referendum process, including,
without limiting the generality of the foregoing:
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A referendum under the Manitoba Hydro Act must be conducted
and managed by the Chief Electoral Officer in the same manner, to
the extent possible, as a general election under The Elections
Act, and the provisions of that Act apply with necessary modifications
to such a referendum.
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For a referendum under the Manitoba Hydro Act, the Lieutenant
Governor in Council may make any regulations that he or she considers
necessary respecting the referendum process including, without limitation,
regulations:
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governing the preparation of a voters list;
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governing the expenses that may be incurred, and the contributions
that may be made, and by whom, in connection with a referendum,
including placing limits on such expenses and contributions and
establishing registration and reporting requirements for persons
or organizations who make such contributions or incur such expenses;
- where greater certainty is required, modifying to the extent necessary
the provisions of The Elections Act to make them applicable
to the requirements of a referendum.
Publication of results
CEO's report
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Saskatchewan |
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Period [R.P.A., s. 3(2)(b), 6(3)(b), 7(4)(b)]
Polling day
Conduct [R.P.A., s. 6(4), 14] [T.A., s. 24, 29]
Referendum and plebiscite
- The Office of the Chief Electoral Officer is responsible for managing
referendums and plebiscites under The Referendum and Plebiscite Act.
- The Lieutenant Governor in Council may make regulations:
Vote within a time option area
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Except as otherwise provided in The Time Act, the provisions
of The Local Government Election Act respecting votes on bylaws
and questions apply, with any modifications that may be prescribed
in the regulations, to a vote taken under The Time Act.
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The Lieutenant Governor in Council may make all regulations necessary
or expedient for the effectual carrying out of the provisions of The
Time Act and for the adapting to the Act of the provisions of
The Local Government Election Act.
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Without limiting the above, the Lieutenant Governor in Council may:
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cause to be adopted such measures as are necessary for removing
any obstacle or the doing of or the omission to do any act of
a technical or formal nature by which, or the want of which, the
due course of the taking of any vote may be impeded;
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provide for any proceeding, matter or thing for which express
provision is not made in the Act, or for which only partial provision
is made;
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prescribe such forms as are deemed necessary;
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make such alterations or extensions of the times provided for
the doing of any act for the purpose of the Act as are deemed
necessary, and make any alteration of dates consequent thereon;
and
- provide for the selection and appointment of persons to attend
at the polling places and act as scrutineers at the voting and counting
of the ballots, and prescribe the duties and powers of such scrutineers.
Publication of results [R.P.A., s. 10]
Referendum and plebiscite
CEO's report
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Alberta |
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Period
Polling day
Conduct [C.R.A., s. 6(1), 7(1), 8(1)-(2), 10] [E.A., s. 4(1)(a),
131]
Referendum
- If a referendum under the Constitutional Referendum Act is
to be held in conjunction with a general election under the Election
Act or separately on a date provided for, the Election Act
and the regulations under it apply, with all necessary modifications,
to the referendum except as otherwise provided by the regulations under
the Constitutional Referendum Act.
- If a referendum is to be held in conjunction with the general elections
under the Local Authorities Election Act, that Act and the regulations
under it apply, with all necessary modifications, to the referendum
except as otherwise provided by the regulations under the Constitutional
Referendum Act.
- The Lieutenant Governor in Council may make regulations:
- modifying the provisions of the Election Act and the Local
Authorities Election Act and the regulations under those Acts
to make them applicable to the requirements of a referendum, including
adding to and declaring any provisions of those Acts and regulations
to be or not to be applicable to the referendum;
- prescribing the duties and powers of the Chief Electoral Officer
in connection with referendums;
- respecting amounts that are payable to elected authorities and
other bodies conducting a referendum;
- prohibiting or regulating, for the purposes of campaigning for
or against any question put to the electors at a referendum, contributions
that may be made to and expenses that may be incurred by political
parties, persons and groups of persons;
- generally respecting any other matters and things relating to
the holding and conduct of a referendum that the Lieutenant Governor
in Council considers necessary to carry out the intent of the Act.
- When a referendum is to be held under the Local Authorities Election
Act, every council must conduct the referendum of the electors residing
in the municipality, notwithstanding that a general election under the
Local Authorities Election Act is not required in that municipality.
- If a 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
must conduct the referendum and has all the rights, powers and duties
of the council to conduct the referendum.
Plebiscite
- The Chief Electoral Officer must provide guidance and supervision
respecting the conduct of all plebiscites conducted under the Election
Act.
- The provisions of the Election Act governing general elections
apply with all necessary modifications to plebiscites taken under the
Act except as otherwise expressly specified by order of the Lieutenant
Governor in Council.
Publication of results
CEO's report [E.A., s. 4(3)]
- The Chief Electoral Officer must, immediately following each plebiscite, prepare and have printed a report including a summary of his or her conduct respecting the plebiscite, a breakdown of results, and a summary of costs, and must transmit the report to the Standing Committee.
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British Columbia |
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Period
Polling day
Conduct [R.A., s. 6] [E.A., s. 12, 282(2)-(3)]
Referendum
- The Lieutenant Governor in Council may make regulations that the
Lieutenant Governor in Council considers necessary or advisable respecting
the manner by which a referendum under the Referendum Act is
to be conducted.
- The regulations may specify what provisions of the Election Act
apply, and adapt any of the provisions of the Election Act with
changes that the regulations may provide.
Plebiscite
- The Chief Electoral Officer must provide guidance and supervision
respecting the conduct of plebiscites.
- For the purposes of a plebiscite held under the Election Act,
the Lieutenant Governor in Council may make regulations governing the
procedure for the plebiscite.
- Where the Lieutenant Governor in Council does not make regulations
governing the procedure for a plebiscite, the plebiscite is to be conducted
in accordance with the regulations of the Chief Electoral Officer.
Publication of results
CEO's report [E.A., s. 13(1)(b)]
Referendum
- N/A
Plebiscite
- After each plebiscite, the Chief Electoral Officer must present a
report respecting the proceedings, the results and the costs to the
Speaker.
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Yukon |
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Period
Polling day
Conduct [P.A., s. 2] [T.P.A., s. 8(3)-(5)(c), 8(8)]
- The Commissioner in Executive Council may make regulations:
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A referendum held under the Taxpayer Protection Act is to
be conducted by the Chief Electoral Officer appointed under the Elections
Act.
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Electors has the same meaning as in the Elections Act.
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The Commissioner in Executive Council may make regulations: governing
the preparation of the list of electors for the referendum; to establish
the schedule and procedures for the conduct of the referendum; and
to prescribe the duties of the officials who conduct the referendum.
- Prior to the conducting of any such referendum, the government must
first fully inform the electors of the consequences of rejecting any
such bill, and the specific programs, services and capital projects
that will be cut or reduced thereby, together with the specific amount
of such a cut or reduction.
Publication of results
CEO's report
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Northwest Territories |
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Period
Polling day [P.A., s. 3(6)-(7)]
- Where the Commissioner directs that a plebiscite be held, and the Chief Plebiscite Officer has recommended to the Commissioner that the plebiscite not be held in a plebiscite district or districts on the day scheduled for the holding of the plebiscite because it is impractical to do so, whether or not a plebiscite proclamation has been issued, the Commissioner may amend the plebiscite direction and provide for an alternative day on which the plebiscite is to be held in that plebiscite district or those plebiscite districts.
- An alternative day must be after the original day for the holding of a plebiscite and within 30 days after the original day for the holding of the plebiscite.
Conduct [P.A., s. 8(1), 9(1)(a), 9(5), 22, 31]
- The Chief Plebiscite Officer must be appointed by the Commissioner in Executive Council for a term not to exceed four years. (NOTE: This position is normally filled by the Chief Electoral Officer.)
- The Chief Plebiscite Officer must exercise general direction and supervision over the administrative conduct of plebiscites.
- Where, during the course of holding a plebiscite, it appears to the Chief Plebiscite Officer that by reason of any mistake, miscalculation, emergency or unusual or unforeseen circumstance, any of the provisions of the Act or the regulations do not accord with the exigencies of the situation, the Chief Plebiscite Officer may, by particular or general instructions and to the extent that the Chief Plebiscite Officer considers necessary:
- extend the time for doing any act;
- increase the number of polling stations; and
- otherwise adapt any of the provisions of the Act and the regulations to the execution of its intent.
- The poll at each polling station must be conducted in accordance with the regulations.
- The sections of the Elections Act respecting polling divisions, ballot boxes, polling stations, advance polls, secrecy of votes, the manner of voting, mobile polls, voting by proxy, time to employees for voting, peace and good order, plebiscite districts with two or more local times, and Official Languages other than English or French apply to the Plebiscite Act with such modifications as the circumstances require.
Publication of results [P.A., s. 36]
- Immediately after the plebiscite, the Chief Plebiscite Officer must cause to be printed a report giving, by polling stations, the number of votes polled in support of, in opposition to or in response to a question, the number of rejected ballots and the number of names on the official list, together with any other information that the Chief Plebiscite Officer may consider fit to include.
CEO's report
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Nunavut |
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Period
Polling day [P.A., s. 3(6)-(7)]
- Where the Commissioner directs that a plebiscite be held, and the Chief Plebiscite Officer has recommended to the Commissioner that the plebiscite not be held in a plebiscite district or districts on the day scheduled for the holding of the plebiscite because it is impractical to do so, whether or not a plebiscite proclamation has been issued, the Commissioner may amend the plebiscite direction and provide for an alternative day on which the plebiscite is to be held in that plebiscite district or those plebiscite districts.
- An alternative day must be after the original day for the holding of a plebiscite and within 30 days after the original day for the holding of the plebiscite.
Conduct [P.A., s. 8(1), 9(1)(a), 9(5), 22, 31]
- The Chief Plebiscite Officer must be appointed by the Commissioner in Executive Council for a term not to exceed four years. (NOTE: This position is normally filled by the Chief Electoral Officer.)
- The Chief Plebiscite Officer must exercise general direction and supervision over the administrative conduct of plebiscites.
- Where, during the course of holding a plebiscite, it appears to the Chief Plebiscite Officer that by reason of any mistake, miscalculation, emergency or unusual or unforeseen circumstance, any of the provisions of the Act or the regulations do not accord with the exigencies of the situation, the Chief Plebiscite Officer may, by particular or general instructions and to the extent that the Chief Plebiscite Officer considers necessary:
- extend the time for doing any act;
- increase the number of polling stations; and
- otherwise adapt any of the provisions of the Act and the regulations to the execution of its intent.
- The poll at each polling station must be conducted in accordance with the regulations.
- The sections of the Elections Act respecting polling divisions, ballot boxes, polling stations, advance polls, secrecy of votes, the manner of voting, mobile polls, voting by proxy, time to employees for voting, peace and good order, plebiscite districts with two or more local times, and Official Languages other than English or French apply to the Plebiscite Act with such modifications as the circumstances require.
Publication of results [P.A., s. 36]
- Immediately after the plebiscite, the Chief Plebiscite Officer must cause to be printed a report giving, by polling stations, the number of votes polled in support of, in opposition to or in response to a question, the number of rejected ballots and the number of names on the official list, together with any other information that the Chief Plebiscite Officer may consider fit to include.
CEO's report
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