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

Part 5

Conduct of a Referendum

Date of General Election

  • 56.1 Not applicable.
  • 56.2 Not applicable.

Writs of Referendum

  • 57. (1) Not applicable.
  • (1.1) Not applicable.
  • (1.2) Not applicable.
Polling day
  • (2) In the case of a referendum,
    • (a) the date of issue of the writs shall be the same for all electoral districts; and
    • (b) polling day shall be the same for all electoral districts;
    • (c) not applicable.
Polling day held on a Monday
  • (3) Subject to subsection (4), polling day shall be on a Monday.
  • (4) If, in the week in which the referendum is to be held, the Monday is a holiday, polling day shall be held on the Tuesday of that week.
Times when polling day is Tuesday
  • (5) If the day fixed for the vote is a Tuesday because of subsection (4), any time period specified under this Act or the Referendum Act before or after polling day is to be calculated as if polling day were the Monday.
  • 58. Not applicable.
Withdrawal of writ
  • 59. (1) The Governor in Council may order the withdrawal of a writ for any electoral district for which the Chief Electoral Officer certifies that by reason of a flood, fire or other disaster it is impracticable to carry out the provisions of this Act or the Referendum Act.
Duties of Chief Electoral Officer
  • (2) If the Governor in Council orders the withdrawal of a writ, the Chief Electoral Officer shall publish a notice of the withdrawal in the Canada Gazette.
  • (3) Not applicable.
Returning officer to open and maintain an office
  • 60. (1) Every returning officer shall, without delay after receiving the writ or notice by the Chief Electoral Officer of the issue of the writ, open an office in premises with level access in a convenient place in the electoral district and shall maintain the office throughout the referendum period.
  • (2) The Chief Electoral Officer may fix the hours that the office must be open and the minimum number of hours of compulsory attendance at it by the returning officer and the assistant returning officer.
Appointment of staff
  • 61. (1) The Chief Electoral Officer may authorize returning officers to appoint the staff that they consider necessary for the purposes of this Act and the Referendum Act.
Employment of staff
  • (2) Staff mentioned in subsection (1) shall
    • (a) be appointed in the prescribed form;
    • (b) take the prescribed oath; and
    • (c) be discharged as soon as their services are no longer needed.

Notice of Referendum by Returning Officer

Notice of referendum
  • 62. Within four days after the issue of the writ, each returning officer shall sign and issue a Notice of Referendum in Form 2 of Schedule 1 that indicates
    • (a) not applicable;
    • (b) the date for polling day;
    • (c) the date and time, not later than seven days after polling day, for the validation of results; and
    • (d) the address of the returning officer's office.

Return by Acclamation

  • 63. Not applicable.

Holding of an Election

  • 64. Not applicable.

Federal Referendum Legislation – Contents