Regulation Adapting the Canada Elections Act for the Purposes of a Referendum
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.
(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
(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.
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.
(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.
(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.
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).
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.
(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
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
(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.
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
(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.
be enclosed in a
(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.
be placed in the
(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.
(5) The ballot box shall be sealed by the deputy
returning officer with the seals provided by
the Chief Electoral Officer.
of votes on
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.
of rules for
(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.
(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
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
(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.
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.
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