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

Schedule

(Section 2)


Canada Elections Act as adapted for the purposes of a referendum

Short title

Short title

1. This Act may be cited as the Canada Elections Act as Adapted for the Purposes of a Referendum.

Interpretation

Definitions

2. (1) The definitions in this subsection apply in this Act.

"advance poll"
vote par anticipation

"advance poll" means a vote held under Part 10.

"advance polling station"
bureau de vote par anticipation

"advance polling station" means a polling station established under subsection 168(3).

"broadcaster"
radiodiffuseur

"broadcaster" means a person who is licensed by the Canadian Radio-television and Telecommunications Commission under the Broadcasting Act to carry on a programming undertaking.

"broadcasting"
radiodiffusion

"broadcasting" means broadcasting, as defined in subsection 2(1) of the Broadcasting Act, that is regulated and supervised by the Canadian Radio-television and Telecommunications Commission pursuant to section 5 of that Act.

"Broadcasting Arbitrator"
arbitre

"Broadcasting Arbitrator" means the person appointed as Broadcasting Arbitrator under subsection 332(1) of the Canada Elections Act.

"commercial value"
valeur commerciale

"commercial value", in relation to property or a service, means the lowest amount charged at the time that it was provided for the same kind and quantity of property or service or for the same usage of property or money, by

  • (a) the person who provided it, if the person is in the business of providing that property or service; or
  • (b) another person who provides that property or service on a commercial basis in the area where it was provided, if the person who provided the property or service is not in that business.
"Commissioner"
commissaire

"Commissioner" means the Commissioner of Canada Elections appointed under section 509 of the Canada Elections Act.

"common-law partner"
conjoint de fait

"common-law partner", in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year.

"election"
élection

"election" means an election of a member to serve in the House of Commons.

"elector"
électeur

"elector" means a person who is qualified as an elector under section 3.

"judge"
juge

"judge", when used to define the judicial officer on whom is conferred specific powers, means

  • (a) in relation to the Province of Ontario, a judge of the Superior Court of Justice;
  • (b) in relation to the Province of Quebec, a judge of the Superior Court of Quebec;
  • (c) in relation to the Provinces of Nova Scotia and British Columbia, a judge of the Supreme Court of the Province;
  • (d) in relation to the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, a judge of the Court of Queen's Bench of the Province;
  • (e) in relation to the Provinces of Prince Edward Island and Newfoundland, a judge of the Trial Division of the Supreme Court of the Province;
  • (f) in relation to the electoral district of Yukon, a judge of the Supreme Court of Yukon;
  • (g) in relation to the electoral district of the Northwest Territories, a judge of the Supreme Court of the Northwest Territories;
  • (h) in relation to the electoral district of Nunavut, a judge of the Nunavut Court of Justice; and
  • (i) in relation to any place or territory in Canada,
    • (i) if a vacancy exists or arises in the office of any such judge or if such a judge is unable to act by reason of illness or absence from their judicial district, the judge exercising the jurisdiction of that judge,
    • (ii) if there is more than one judge exercising that jurisdiction, the senior of them, and
    • (iii) if no judge is exercising that jurisdiction, a judge designated for the purpose by the Minister of Justice.
"list of electors"
liste électorale

"list of electors" means the list showing the surname, given names, civic address and mailing address of every elector in a polling division and the identifier that is assigned to the elector by the Chief Electoral Officer.

"member"
député

"member" means a member of the House of Commons.

"oath"
serment

"oath" includes a solemn affirmation and a statutory declaration.

"official list of electors"
liste électorale officielle

"official list of electors" means the list of electors prepared by the returning officer under section 106.

"periodical publication"
publication périodique

"periodical publication" means a paper, magazine or periodical that is published periodically or in parts or numbers and that contains public news, intelligence or reports of events, or advertisements.

"personal information"
renseignements personnels

"personal information" means personal information as defined in section 3 of the Privacy Act.

"polling division"
section de vote

"polling division" means a polling division referred to in section 538 of the Canada Elections Act.

"polling station"
bureau de scrutin

"polling station" means a place established under section 120, 122, 125, 205, 206, 207, 253 or 255 for electors to cast their votes.

"preliminary list of electors"
liste électorale préliminaire

"preliminary list of electors" means the list of electors prepared by the Chief Electoral Officer under subsection 93(1).

"prescribed"
prescrit

"prescribed", in relation to a form or an oath, means one that is authorized by the Chief Electoral Officer.

"recount"
dépouillement judiciaire

"recount" means a recount of votes by a judge under sections 29 and 30 of the Referendum Act, and under Part 14 of this Act.

"referendum documents"
documents référendaires

"referendum documents" means the following documents:

  • (a) the writ with the return of the referendum endorsed on it;
  • (b) not applicable;
  • (c) the reserve supply of undistributed blank ballot papers;
  • (d) documents relating to the revision of the lists of electors;
  • (e) the statements of the vote from which the validation of results was made; and
  • (f) the other returns from the various polling stations enclosed in sealed envelopes, as required by Part 12, and containing
    • (i) a packet of stubs and unused ballot papers,
    • (ii) packets of ballot papers cast for each answer to a referendum question,
    • (iii) a packet of spoiled ballot papers,
    • (iv) a packet of rejected ballot papers,
    • (v) a packet containing the list of electors used at the polling station, the written authorizations of agents of registered referendum committees and witnesses and the used transfer certificates, if any, and
    • (vi) a packet containing the registration certificates.
"referendum officer"
fonctionnaire référendaire

"referendum officer" means a person referred to in subsection 32(1) of the Referendum Act and in subsection 22(1) of this Act.

"registered party"
parti enregistré

"registered party" has the same meaning as in subsection 2(1) of the Canada Elections Act.

"Register of Electors"
Registre des électeurs

"Register of Electors" means the Register of Electors established under section 44 of the Canada Elections Act.

"revised list of electors"
liste électorale révisée

"revised list of electors" means the list of electors prepared by the returning officer under section 105.

"spoiled"
annulé

"spoiled", in relation to a ballot or a special ballot as defined in section 177, means

  • (a) one that has not been deposited in the ballot box but has been found by the deputy returning officer to be soiled or improperly printed; or
  • (b) one that is dealt with under subsection 152(1), including in relation to advance polls by virtue of subsection 171(1), or subsection 213(4), 242(1) or 258(3).
"writ"
bref

"writ" means a writ of referendum.

Definitions

(1.1) The definitions in this subsection apply in the Referendum Act.

"auditor"
vérificateur

"auditor" means a person who is a member in good standing of a corporation, an association or an institute of professional accountants, and a partnership of which every partner is a member in good standing of a corporation, an association or an institute of professional accountants.

"network"
réseau

"network" means a network as defined in subsection 2(1) of the Broadcasting Act, but does not include a temporary network operation as defined in that subsection.

"network operator"
exploitant de réseau

"network operator" means a person or undertaking to which permission has been granted by the Canadian Radio-television and Telecommunications Commission to form and operate a network.

"prime time"
heures de grande écoute

"prime time", in the case of a radio station, means the time between the hours of 6 a.m. and 9 a.m., noon and 2 p.m. and 4 p.m. and 7 p.m., and, in the case of a television station, means the hours between 6 p.m. and midnight.

"volunteer labour"
travail bénévole

"volunteer labour" means any service provided free of charge by a person outside their working hours, but does not include such a service provided by a person who is self-employed if the service is one that is normally charged for by that person.

No commercial value

(2) For the purposes of this Act and of the Referendum Act, the commercial value of property or a service is deemed to be nil if

  • (a) it is provided by a person who is not in the business of providing that property or those services; and
  • (b) the amount charged for it is $200 or less.
Satisfactory proof of identity and residence

(3) For the purposes of this Act, satisfactory proof of an elector's identity and satisfactory proof of residence are established by the documentary proof of the elector's identity and residence that is prescribed by the Chief Electoral Officer.

Time

(4) A reference to a time of day in this Act is a reference to local time.

Descriptive cross-references

(5) If, in any provision of this Act, a reference to another provision of this Act or a provision of any other Act is followed by words in parentheses that are or purport to be descriptive of the subject-matter of the provision referred to, those words form no part of the provision in which they occur but are inserted for convenience of reference only.



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