C-64.1 - Referendum Act

Full text
17. (Repealed).
1978, c. 6, s. 17; 1981, c. 4, s. 7; 1984, c. 51, s. 532; 1987, c. 28, s. 25; 1989, c. 1, s. 587.
17. Where a writ instituting the holding of a referendum is issued after the expiry of three months from publication of the list of electoral divisions in the Gazette officielle du Québec and before an enumeration is made on the basis of the new electoral divisions, an enumeration shall be conducted during the referendum period.
The poll shall be held on the seventh Monday following the issue of the writ if it is issued on a Monday, Tuesday or Wednesday; if the writ is issued on any other day, the poll shall be held on the eighth Monday following its issue.
Notwithstanding the foregoing, if the writ is issued in the week preceding the annual enumeration provided for in the Election Act (chapter E-3.2), the annual enumeration shall be in lieu of the enumeration required during the referendum period and the poll shall be held on the sixth Monday following the issue of the writ.
If the Monday that should be polling day is a holiday, the poll shall be held the following day.
1978, c. 6, s. 17; 1981, c. 4, s. 7; 1984, c. 51, s. 532; 1987, c. 28, s. 25.
17. However, electoral lists that have been prepared after an enumeration made pursuant to sections 36 and 37 of the Act respecting electoral representation (chapter R-24.1) are the only official lists and the only lists that may be used for a referendum. They are revised in accordance with the Election Act (chapter E-3.2) and, where required, in accordance with Appendix 2.
A referendum must be held according to the electoral divisions established under the Act respecting electoral representation and the returning officers assigned and appointed pursuant to section 35 of that Act are qualified to act in that capacity. The polling subdivisions defined pursuant to section 36 of the said Act are used for referendum purposes.
1978, c. 6, s. 17; 1981, c. 4, s. 7; 1984, c. 51, s. 532.
17. However, electoral lists that have been prepared and revised after an enumeration made pursuant to sections 36 and 37 of the Act respecting electoral representation (chapter R-24.1) are the only official lists and the only lists that may be used for a referendum. They are revised in accordance with the Act respecting electoral lists (chapter L-4.1) and, where required, in accordance with Appendix 2.
A referendum must be held according to the electoral divisions established under the Act respecting electoral representation and the returning officers assigned and appointed pursuant to section 35 of that Act are qualified to act in that capacity. The polling subdivisions defined pursuant to section 36 of the said Act are used for referendum purposes.
1978, c. 6, s. 17; 1981, c. 4, s. 7.
17. The warden of a house of detention must, within three days after the writs are issued, provide the returning-officer with a list of the persons qualified as electors at a referendum who are detained in such establishment.
Such list constitutes an electoral list for the purposes of this act and the returning-officer must forward a copy of it to the official delegate of each national committee without delay. Such list must be revised in accordance with the provisions of Appendix 2 that apply to revision of the lists of urban polling-subdivisions and the returning-officer shall open, in such establishment, an office to receive applications for the entry and striking off of names and for corrections on the list. Such office must be open from Monday to Saturday of the third week prior to that of the polling, during the hours and in the manner proper to the nature of the establishment.
For the purposes of this section, the director general of elections may make any agreement considered necessary with the wardens of houses of detention established under an act of the Parliament of Canada.
1978, c. 6, s. 17.