L-4.1 - Act respecting electoral lists

Section 126 Disposition versions

1980-08-15

126. (1)  The revision of the lists for rural polling subdivisions shall take place in each rural subdivision from Monday of the third week to Thursday of the fourth week following that during which the annual enumeration takes place, from sixteen hours to eighteen hours and from nineteen hours to twenty-one hours, at the place indicated in the notice provided for in subsection 2 of section 117.

When an election is instituted and the polling day for it is fixed during the period of an annual enumeration or when an election is instituted following the period of an annual enumeration, a second revision shall take place at the same hours and at the same place, from Monday of the third week to Thursday of the second week prior to the polling.

When an election is instituted and the polling for it is fixed during the period of an annual enumeration, the enumeration is not made that year in the electoral division where the election takes place.

(2)  Such revision shall, in each polling subdivision, be done jointly by two revisors appointed by the returning officer, on Thursday of the week following that of the annual enumeration. The Prime Minister or the person designated by him in writing in each electoral division and the Leader of the Official Opposition or the person designated by him in writing in each electoral division, may each, on the eighth day following the first day of the annual enumeration or, as the case may be, on the eighth day following that of the issue of a writ, recommend in writing to the returning officer a person to act as rural revisor in each rural polling subdivision.

However, in each electoral division represented by an opposition member who is not a member of the Official Opposition, or who sits as an independant, having been elected as such, every recommendation in writing of a person to act as rural revisor in each rural polling subdivision provided for in the first paragraph of subsection 2 shall be made in such division by him or by the delegate he designates in writing to the returning officer, in the place and stead of the Leader of the Official Opposition or his delegate.

Furthermore, in the electoral divisions of Abitibi-Est, Abitibi-Ouest, Duplessis and Saguenay, more than one delegate may be designated in writing to the returning officer provided that the territory assigned to each of them is clearly defined.

If, within the delay prescribed in this subsection, the returning officer does not receive any recommendation in writing or if the person recommended as a revisor is not qualified for such office, the returning officer shall make the appointment without awaiting a recommendation in writing or, as the case may be, without taking account of that made to him.

At by-elections during which an enumeration and revision must be done, the recommendations in writing respecting the appointment of the revisors must be made to the returning officer, as the case may be, by the persons mentioned in the first two paragraphs, not later than the seventh day following that of the issue of the election writ and, within the same delay, subject to the provisions of the fourth paragraph, the returning officer shall make such appointments.

(3)  The revisors shall be appointed according to form 31 and must, before entering on their duties, make oath in form 32 and transmit a duplicate of such oath to the returning officer.

(4)  The two revisors shall hear and decide together the applications for the entry and striking off of names and for corrections. Such applications shall be filed from sixteen hours to eighteen hours or from nineteen hours to twenty-one hours, during the first week of one of the periods mentioned in subsection 1 of this section. If one revisor is absent or neglects to act, the other may act alone.

However, an application to strike off a name may be remitted to them by the returning officer in accordance with subsection 4 of section 127.

(5)  In case of disagreement between the two revisors as to a decision to be rendered, the question shall be settled by the returning officer.

(6)  The provisions of sections 51, 54, 56, 57 and of subsections 2 and 3 of section 110 and those of section 113 shall apply, mutatis mutandis, to the rural revisors.

(7)  The provisions of section 122 shall apply, mutatis mutandis, in case of revised lists transmitted to the returning officer by rural revisors who have omitted to sign or swear to them.

R. S. 1964, c. 7, s. 118; 1965 (1st sess.), c. 12, s. 11; 1972, c. 6, s. 45; 1975, c. 8, s. 41; 1975, c. 9, s. 22; 1979, c. 56, s. 284, s. 288.

1977-12-31

126. (1)  The revision of the lists for rural polling-subdivisions shall take place in each rural subdivision from Monday of the third week to Saturday of the fourth week following that during which the annual enumeration takes place, from sixteen hours to eighteen hours and from nineteen hours to twenty-one hours, at the place indicated in the notice provided for in subsection 2 of section 117.

Where the revision takes place during an election period, it shall take place at the same hours and at the place indicated in the notice provided for in subsection 2 of section 118, from Monday of the third week to Saturday of the second week preceding that of the polling.

When an election is ordered after 1 January and the polling for it is fixed for any day prior to the first day of the period of the next annual enumeration, the revision shall also take place at the same hours and the same place, from Monday of the third week to Saturday of the second week prior to the polling.

(2)  Such revision shall, in each polling-subdivision, be done jointly by two revisors appointed by the returning-officer, on Thursday of the week following that of the annual enumeration. The Prime Minister or the person designated by him in writing in each electoral district and the Leader of the Official Opposition or the person designated by him in writing in each electoral district, may each, on the eighth day following the first day of the annual enumeration or, as the case may be, on the eighth day following that of the issue of a writ, recommend in writing to the returning-officer a person to act as rural revisor in each rural polling-subdivision.

However, in each electoral district represented by an opposition member who is not a member of the Official Opposition, or who sits as an independant, having been elected as such, every recommendation in writing of a person to act as rural revisor in each rural polling-subdivision provided for in the first paragraph of subsection 2 shall be made in such district by him or by the delegate he designates in writing to the returning-officer, in the place and stead of the Leader of the Official Opposition or his delegate.

Furthermore, in the electoral districts of Abitibi-Est, Abitibi-Ouest, Duplessis and Saguenay, more than one delegate may be designated in writing to the returning-officer provided that the territory assigned to each of them is clearly defined.

Where an election is ordered, requiring the holding of a second revision, or at general elections provided for in the third paragraph of section 454 of this act, the recommendations in writing respecting the appointment of revisors must be made to the returning-officer, as the case may be, by the persons mentioned in the first paragraph, not later than the eighth day following that of the issue of the election writs. However, every candidate who was a member of an opposition party other than the Official Opposition or who, having been elected as such, was sitting as an independant at dissolution of the Assemblée nationale, or any delegate he designates in writing to the returning-officer, may recommend, in writing to the latter, a person to act as rural revisor in each rural polling-subdivision in the electoral district where he is a candidate, in the place and stead of the Leader of the Official Opposition or his delegate.

If, within the delay prescribed in this subsection, the returning-officer does not receive any recommendation in writing or if the person recommended as a revisor is not qualified for such office, the returning-officer shall make the appointment without awaiting a recommendation in writing or, as the case may be, without taking account of that made to him.

At by-elections during which an enumeration and revision must be done, the recommendations in writing respecting the appointment of the revisors must be made to the returning-officer, as the case may be, by the persons mentioned in the first two paragraphs, not later than the seventh day following that of the issue of the election writ and, within the same delay, subject to the provisions of the fourth paragraph, the returning-officer shall make such appointments.

(3)  The revisors shall be appointed according to form 31 and must, before entering on their duties, make oath in the form 32 and transmit a duplicate of such oath to the returning-officer.

(4)  The two revisors shall hear and decide together the applications for the entry and striking off of names and for corrections. Such applications shall be filed from sixteen hours to eighteen hours or from nineteen hours to twenty-one hours, during the first week of one of the periods mentioned in subsection 1 of this section. If one revisor is absent or neglects to act, the other may act alone.

However, an application to strike off a name may be remitted to them by the returning-officer in accordance with subsection 4 of section 127.

(5)  In case of disagreement between the two revisors as to a decision to be rendered, the question shall be settled by the returning-officer.

(6)  The provisions of sections 51, 54, 56, 57 and of subsections 2 and 3 of section 110 and those of section 113 shall apply, mutatis mutandis, to the rural revisors.

(7)  The provisions of section 122 shall apply, mutatis mutandis, in case of revised lists transmitted to the returning-officer by rural revisors who have omitted to sign or swear to them.

R. S. 1964, c. 7, s. 118; 1965 (1st sess.), c. 12, s. 11; 1972, c. 6, s. 45; 1975, c. 8, s. 41; 1975, c. 9, s. 22.