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

Part 12

Counting votes

Polling Stations

Counting the votes
  • 283. (1) Immediately after the close of a polling station, the deputy returning officer shall count the votes in the presence of the poll clerk and any agents of registered referendum committees or witnesses who are present or, if no agents or witnesses are present, in the presence of at least two electors.
Tally sheets
  • (2) The deputy returning officer shall supply the poll clerk and all the persons referred to in subsection (1) who are present and who so request with a tally sheet to keep their own score of the voting.
Steps to follow
  • (3) The deputy returning officer shall, in the following order,
    • (a) count the number of electors who voted at the polling station, make an entry at the end of the list of electors that states "The number of electors who voted at this referendum in this polling station is (stating the number)", sign the list, and place the list in the envelope supplied for the purpose;
    • (b) count the spoiled ballots, place them in the envelope supplied for the purpose, indicate on the envelope the number of spoiled ballots, and seal it;
    • (c) count the unused ballots that are not detached from the books of ballots, place them with the stubs of the used ballots in the envelope supplied for the purpose, indicate on the envelope the number of unused ballots, and seal it;
    • (d) total the numbers arrived at in paragraphs (a) to (c) in order to ascertain that all ballots that were provided by the returning officer are accounted for;
    • (e) open the ballot box and empty its contents onto a table; and
    • (f) examine each ballot, show the ballot to each person who is present, and ask the poll clerk to make a note on the tally sheet beside the answer to a referendum question for which the vote was cast for the purpose of arriving at the total number of votes cast for each answer to a referendum question.
Rejection of ballots
  • 284. (1) In examining the ballots, the deputy returning officer shall reject one
    • (a) that has not been supplied by him or her;
    • (b) that has not been marked in a circle opposite a referendum question;
    • (c) not applicable;
    • (d) that has been marked in more than one circle opposite a referendum question; or
    • (e) on which there is any writing or mark by which the elector could be identified.
Limitation
  • (2) No ballot shall be rejected by reason only that the deputy returning officer placed on it any writing, number or mark, or failed to remove the counterfoil.
Counterfoils remaining attached
  • (3) When a ballot is found with the counterfoil attached, the deputy returning officer shall, while concealing the number on it from all persons present and without examining it, remove and destroy the counterfoil.
Ballots not initialled by deputy returning officer
  • 285. If the deputy returning officer determines that he or she has failed to initial a ballot, the deputy returning officer shall, in the presence of the poll clerk and witnesses, initial and count the ballot if he or she is satisfied that
    • (a) the ballot was supplied by him or her; and
    • (b) all ballots that were provided by the returning officer have been accounted for, as described in paragraph 283(3)(d).
Objections to ballots
  • 286. (1) The deputy returning officer shall keep a record, in the prescribed form, of every objection to a ballot made by an agent of a registered referendum committee or a witness, give a number to the objection, write that number on the ballot and initial it.
Decision of deputy returning officer
  • (2) The deputy returning officer shall decide every question that is raised by an objection described in subsection (1), and the decision is subject to reversal only on a recount.
Statement of the vote
  • 287. (1) The deputy returning officer shall prepare a statement of the vote, in the prescribed form, that sets out the number of votes in favour of each answer to a referendum question and the number of rejected ballots and place the original statement and a copy of it in the separate envelopes supplied for the purpose.
Copies of the statement of the vote
  • (2) The deputy returning officer shall give a copy of the statement of the vote to each of the agents of registered referendum committees and witnesses present at the count.
Marked ballots
  • 288. (1) The deputy returning officer shall place the ballots for each answer to a referendum question into separate envelopes, write on each envelope the number of votes cast for that answer, and seal it. The deputy returning officer and the poll clerk shall sign the seal on each envelope, and the witnesses may also sign them.
Rejected ballots
  • (2) The deputy returning officer shall place into separate envelopes the rejected ballots, the registration certificates and the list of electors, and shall seal the envelopes.
Documents to be enclosed in a large envelope
  • (3) The deputy returning officer shall seal in a large envelope supplied for the purpose
    • (a) the envelopes that contain the marked ballots for each answer to a referendum question, any spoiled ballots, unused ballots or rejected ballots, and the official list of electors; and
    • (b) any other referendum documents, except for the envelopes that contain the statements of the vote and the registration certificates.
Documents to be placed in the ballot box
  • (4) The large envelope described in subsection (3) and the envelope that contains the copy of the statement of the vote shall be placed in the ballot box.
Sealing ballot box
  • (5) The ballot box shall be sealed by the deputy returning officer with the seals provided by the Chief Electoral Officer.

Advance Polls

Counting of votes on polling day
  • 289. (1) The deputy returning officer of an advance poll shall, at the close of the polling stations on polling day, attend with the poll clerk at the place mentioned in the notice of advance poll in subparagraph 172(a)(iii) to count the votes.
Application of rules for counting votes
  • (2) Subsections 283(1) and (2), paragraphs 283(3)(e) and (f) and sections 284 to 288 apply with any necessary modifications to the counting of the votes of an advance poll.
Prohibition
  • (3) No person shall make a count of the votes cast at an advance poll before the close of the polling stations on polling day.

Delivery of Ballot Boxes to Returning Officer

Sending ballot boxes and statement to returning officer
  • 290. (1) The deputy returning officer for a polling station or an advance poll shall, without delay after sealing the ballot box, send the box, with the envelope that contains the original statement of the vote and the envelope that contains the registration certificate, to the returning officer.
Collection of ballot boxes
  • (2) A returning officer may appoint persons to collect ballot boxes together with the envelopes referred to in subsection (1) from polling stations, and any person so appointed shall take the prescribed oath when he or she sends those materials to the returning officer.
Provision of statements to agents
  • 291. A returning officer shall, on request, provide each agent referred to in subsection 10(1) of the Referendum Act one copy of each statement of the vote in the electoral district.
Safekeeping of ballot boxes
  • 292. A returning officer, on the receipt of each ballot box, shall
    • (a) take every precaution to prevent any other person, except the assistant returning officer, from having access to it; and
    • (b) examine and record the condition of the seals affixed to it and, if necessary, affix new seals.


Federal Referendum Legislation – Contents