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Regulation Adapting the Canada Elections Act for the Purposes of a Referendum

Part 21

GENERAL

Reports of Chief Electoral Officer

Polling division reports
  • 533. The Chief Electoral Officer shall, in the case of a referendum, without delay, publish, in the manner and form that he or she considers appropriate, a report that sets out
    • (a) by polling division, the number of votes cast for each answer to a referendum question, the number of rejected ballots and the number of names on the final list of electors; and
    • (b) any other information that the Chief Electoral Officer considers relevant.
Report to Speaker on referendum
  • 534. (1) In the case of a referendum, the Chief Electoral Officer shall, within 90 days after the return of the writ, make a report to the Speaker of the House of Commons that sets out
    • (a) any matter or event that has arisen or occurred in connection with the administration of the Chief Electoral Officer's office since the last report and that he or she considers should be brought to the attention of the House of Commons; and
    • (b) any measures that have been taken under subsection 17(1) or (3) or sections 509 to 513 since the issue of the writs that he or she considers should be brought to the attention of the House of Commons.
  • (2) Not applicable.
Report on proposed legislative amendments
  • 535. The Chief Electoral Officer shall, as soon as possible after a referendum, make a report to the Speaker of the House of Commons that sets out any amendments that, in his or her opinion, are desirable for the better administration of the Referendum Act.
Consultation
  • 535.1 The Chief Electoral Officer may, before making a report under section 534 or 535, consult the Director of Public Prosecutions on any question relating to measures taken under section 511 or 512.
  • 535.2 Not applicable.
Submission of report to House of Commons
  • 536. The Speaker of the House of Commons shall submit a report received by him or her from the Chief Electoral Officer under section 534 or 535 to the House of Commons without delay.
  • 536.1 Not applicable.
  • 537. Not applicable.

Polling Divisions

  • 538. Not applicable.

Amendments to Schedule 3

  • 539. Not applicable.

Custody of Referendum Documents and Documents Relating to the Register of Electors

Chief Electoral Officer to retain referendum documents
  • 540. (1) The Chief Electoral Officer shall retain in his or her possession the referendum documents sent to him or her by a returning officer, with the return of the writ, for at least one year.
Documents relating to Register of Electors
  • (2) The Chief Electoral Officer shall, for at least two years after receiving them, retain in his or her possession, on film or in electronic form, all documents that relate to the updating of the Register of Electors.
Inspection of documents
  • (3) No referendum documents, or documents that relate to the establishment or updating of the Register of Electors, that are retained in the custody of the Chief Electoral Officer under subsection (1) or (2) shall, during the period of their retention, be inspected or produced except under an order of a judge of a superior court, which, if made, the Chief Electoral Officer shall obey.
Exception
  • (4) Subsection (3) does not prohibit the Chief Electoral Officer, any authorized member of his or her staff or the Commissioner from inspecting the documents referred to in that subsection, and any of those documents may be produced by the Commissioner for the purpose of an inquiry made under section 510 or provided to the Director of Public Prosecutions who may produce them for the purpose of a prosecution — or possible prosecution — by the Director for an offence under this Act or the Referendum Act.
Referendum documents or papers admissible in evidence when certified
  • (5) When a judge of a superior court has ordered the production of referendum documents, the Chief Electoral Officer need not, unless the judge orders otherwise, appear personally to produce them but shall certify the documents and send them by courier to the clerk or registrar of the court, who shall, when the documents have served the purposes of the judge, return them by courier to the Chief Electoral Officer.
Certified documents
  • (6) Documents purporting to be certified by the Chief Electoral Officer are admissible in evidence without further proof.
Filmed or electronic evidence
  • (7) In any proceedings under this Act or the Referendum Act, a print that is made from a photographic film or from a document in electronic form made by the Chief Electoral Officer for the purpose of keeping a permanent record of a document, and certified by the Chief Electoral Officer or by a person acting in the name of or under the direction of the Chief Electoral Officer, is admissible in evidence for all purposes for which the recorded document would be admitted as evidence, without proof of the signature or official character of the person appearing to have signed the certificate.
Order of Court
  • (8) A judge may make an order under subsection (3) on being satisfied by evidence on oath that the inspection or production of a document referred to in that subsection is required for the purpose of instituting or maintaining a prosecution for an offence in relation to a referendum.
Conditions of inspections
  • (9) An order for the inspection or production of referendum documents or documents that relate to the updating of the Register of Electors may be made subject to any conditions with respect to persons, time, place and mode of inspection or production that the judge considers appropriate.
Inspection of instructions, correspondence and other reports
  • 541. (1) All documents referred to in sections 19 and 20 of the Referendum Act, all other reports or statements, other than referendum documents received from referendum officers, all instructions issued by the Chief Electoral Officer under this Act and the Referendum Act, all decisions or rulings by him or her on points arising under this Act and the Referendum Act and all correspondence with referendum officers or others in relation to a referendum are public records and may be inspected by any person on request during business hours.
Extracts
  • (2) Any person may take extracts from documents referred to in subsection (1) and is entitled to obtain copies of them on payment of a fee of up to $0.25 per page.
Evidence
  • (3) Any copies of documents referred to in subsection (1) purporting to be certified by the Chief Electoral Officer are admissible in evidence without further proof.

Fees and Expenses of Referendum Officers

Tariff
  • 542. (1) On the recommendation of the Chief Electoral Officer, the Governor in Council may make a tariff fixing or providing for the determination of fees, costs, allowances and expenses to be paid and allowed to returning officers and other persons employed at or in relation to referendums under this Act and the Referendum Act.
Effective date
  • (2) The Governor in Council may specify that a tariff made under subsection (1) has effect as of a day that is before the one on which it is made.
Copy to House of Commons
  • (3) A copy of a tariff made under subsection (1) and of any amendment made to one shall be laid before the House of Commons on any of the first 15 days on which that House is sitting after the making of the tariff or amendment.
  • 543. Not applicable.
Accountable advance
  • 544. (1) An accountable advance may be made to a referendum officer to defray office and other incidental expenses in any amount that may be approved under the tariff made under subsection 542(1).
Preparation of accounts
  • (2) A returning officer shall prepare, in the prescribed form, all accounts to be submitted by the returning officer to the Chief Electoral Officer and is responsible for their correctness.
Increase of fees and allowances
  • 545. (1) If it appears to the Governor in Council that the fees and allowances provided for by a tariff made under subsection 542(1) are not sufficient remuneration for the services required to be performed at a referendum, or that a claim for any necessary service performed or for materials supplied for or at a referendum is not covered by the tariff, the Governor in Council may authorize the payment of any sum or additional sum for the services or materials supplied that the Governor in Council considers just and reasonable.
Payment of additional sums
  • (2) The Chief Electoral Officer may, in accordance with regulations made by the Governor in Council, in any case in which the fees and allowances provided for by a tariff made under subsection 542(1) are not sufficient remuneration for the services required to be performed at a referendum, or for any necessary service performed, authorize the payment of such additional sum for the services as he or she considers just and reasonable.
Taxation of accounts
  • 546. (1) The Chief Electoral Officer shall, in accordance with the tariff made under subsection 542(1), tax all accounts that relate to the conduct of a referendum and transmit them without delay to the Receiver General.
Rights saved
  • (2) Despite subsection (1), the rights, if any, of claimants to compel payment or further payment by process of law remain unimpaired.

Notice

Giving of notices
  • 547. (1) When any referendum officer is by this Act authorized or required to give a public notice and no special mode of notification is indicated, the notice may be in the form and given in the manner established by the Chief Electoral Officer.
Posting of notices, etc.
  • (2) Notices and other documents required by this Act to be posted may be posted despite any law of Canada or of a province or any municipal ordinance or by-law.
Prohibition — removal of notices
  • 548. (1) No person shall, without authority, remove, cover up or alter any Notice of Referendum or other document that is authorized or required by this Act to be posted.
Notice
  • (2) A notice that may be easily read — to the effect that it is an offence with severe penalties to remove, cover up or alter the document — shall appear on, or be posted near, a Notice of Referendum or other document referred to in subsection (1).

Oaths and Affidavits

Administration of oaths, etc.
  • 549. (1) When an oath or affidavit is authorized or directed to be taken under this Act or the Referendum Act, it shall be administered by the person who by this Act is expressly required to administer it and, if there is no such person, then by the Chief Electoral Officer or a person designated by him or her in writing, a judge, the returning officer, an assistant returning officer, a deputy returning officer, a poll clerk, a notary public, a provincial court judge, a justice of the peace or a commissioner for taking affidavits in the province.
No fees for oaths, etc.
  • (2) All oaths or affidavits taken under this Act or the Referendum Act shall be administered free of charge.
Taking oath falsely
  • (3) No person shall take falsely an oath that is provided for by this Act or the Referendum Act.
Compelling or inducing false oath
  • (4) No person shall compel, induce or attempt to compel or induce any other person to take falsely an oath that is provided for by this Act or the Referendum Act.

Signed Pledges by Candidates Prohibited

  • 550. Not applicable.

By-Elections

  • 551. Not applicable.

Forms

  • 552. Not applicable.

Payments out of Consolidated Revenue Fund

  • 553. Not applicable.

Amendments

  • 554. (1) Not applicable.
Consolidation of amendments
  • (2) It is the duty of the Chief Electoral Officer immediately after the passing of an amendment to this Act to consolidate the amendment, so far as necessary, in the copies of the Act printed for distribution to returning officers, to correct and reprint all forms and instructions affected by it and to publish a notice in the Canada Gazette as soon as copies of the Act and the forms and instructions have been so corrected and reprinted.


Federal Referendum Legislation – Contents