E-3.3, r. 11 - Regulation respecting the right to recommand enumerators, revisors and revising officers

Updated to 1 September 2012

This document has official status.

chapter E-3.3, r. 11

Regulation respecting the right to recommand enumerators, revisors and revising officers

Election Act

(chapter E-3.3, ss. 40.16 and 550).

Decision 89-03-23; Decision 2000-12-20, ss. 1 and 2.

DIVISION I GENERAL

1. The Interpretation Act (chapter I-16) applies to this Regulation.

Decision 89-03-23, s. 1.

DIVISION II NEW OR CHANGED ELECTORAL DIVISION

2. In a new electoral division or in an electoral division whose boundaries have been changed since the last election, the Chief Electoral Officer shall reapportion the results of the last election to the electoral precincts and polling subdivisions included in the new electoral division by calculating the number of valid votes attributed to the candidates of authorized parties and to independent Members elected as such.

The first enumerator shall be recommended by the authorized party or by the independent Member elected as such having the greatest number of votes after a reapportionment made under the first paragraph.

The second enumerator shall be recommended by the authorized party or by the independent Member elected as such having the second greatest number of votes after reapportionment.

Decision 89-03-23, s. 2.

3. If the independent candidate who would have been entitled to recommend the first enumerator according to the criteria in section 2 has not filed his nomination papers on the date nomination must be made, the first enumerator shall be recommended by the party that would have been entitled to recommend the second enumerator.

The second enumerator shall then be recommended by the authorized party that came next in order after reapportionment.

Decision 89-03-23, s. 3.

4. If the independent candidate who would have been entitled to recommend the second enumerator according to the criteria in section 2 has not filed his nomination papers on the date nomination must be made, the second enumerator shall be recommended by the authorized party that came next in order after reapportionment.

Decision 89-03-23, s. 4.

DIVISION III ELECTORAL DIVISION WHERE NO AUTHORIZED PARTY CAME SECOND

5. In an electoral division where no authorized party came second in the last election, the first enumerator shall be recommended by the authorized party that came first in the last election or by the independent Member elected as such.

The second enumerator shall be recommended by the authorized party that came next in order in the preceding election.

Decision 89-03-23, s. 5.

6. If the independent candidate who would have been entitled to recommend the first enumerator according to the criteria in section 5 has not filed his nomination papers on the date nominations must be made, the first enumerator shall be recommended by the party that would have been entitled to recommend the second enumerator.

The second enumerator shall then be recommended by the authorized party that came next in order in the preceding election.

Decision 89-03-23, s. 6.

DIVISION IV SPECIAL CRITERIA

Décision 89-03-23, Div. IV; Erratum, 1989 G.O. 2, 3727.

7. For the purposes of Divisions II and III;

(a)  if the results of a reapportionment or of the preceding election do not point to any authorized party as entitled to make a recommendation, the recommendation shall be made by one of the following parties, in the order indicated, provided that the party has not already been entitled to recommend the first or the second enumerator, as the case may be:

i.  the authorized party forming the Government;

ii.  the authorized party forming the Official Opposition;

iii.  an authorized party represented in the National Assembly, beginning with the party having the most Members;

iv.  an authorized party not represented in the National Assembly;

(b)  in the case of a tie, the returning officer shall draw lots in the presence of representatives of the parties or, failing them, 2 electors. The same procedure will be followed in the case of competition between parties covered by subparagraph iv of paragraph a.

Decision 89-03-23, s. 7.

DIVISION V REVISORS AND REVISING OFFICERS

Decision 89-03-23; Decision 2000-12-20, s. 1.

8. Divisions II, III and IV apply with the necessary modifications to identifying the parties entitled to recommend revisors and revising officers.

Decision 89-03-23, s. 8; Decision 2000-12-20, s. 1.

DIVISION VI FINAL

9. (Omitted).

Decision 89-03-23, s. 9.

10. (Omitted).

Decision 89-03-23, s. 10.

REFERENCES

Decision 89-03-23, 1989 G.O. 2, 1578 and 3727

Decision 2000-12-20, 2001 G.O. 2, 1185