E-3.3, r. 2 - Regulation respecting a new election notice in the case of a tie-vote

Updated to 1 September 2012

This document has official status.

chapter E-3.3, r. 2

Regulation respecting a new election notice in the case of a tie-vote

Election Act

(chapter E-3.3, ss. 394 and 550).

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

DIVISION I GENERAL

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

Decision 89-03-23, s. 1.

DIVISION II NOTICE OF A NEW ELECTION

2. In the event of a tie vote following a judicial recount, the returning officer shall inform the Chief Electoral Officer of such at once.

Decision 89-03-23, s. 2.

3. The returning officer shall immediately publish a notice advising voters of the new period for filing nomination papers and the new polling date in a newspaper distributed in the electoral division concerned, in accordance with Form 40 attached hereto.

The returning officer may, with the permission of the Chief Electoral Officer, also make the notice public through other media.

Decision 89-03-23, s. 3.

4. The returning officer shall post a copy of the notice in his main office. He shall also forward a copy of the notice to each person who stood as candidate at the election which ended in a tie.

Decision 89-03-23, s. 4.

DIVISION III FINAL

5. (Omitted).

Decision 89-03-23, s. 5.

6. (Omitted).

Decision 89-03-23, s. 6.

FORM 40

Election Act

(chapter E-3.3, s. 394)

NOTICE OF A NEW ELECTION IN THE CASE OF A TIE VOTE

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Electoral Division:

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WHEREAS in the election held on the ____________________ day of ____________________, 20_____ in the said electoral division a tie vote was declared following a judge’s decision on the ____________________ day of ____________________, 20_____, a new election shall be held.

THEREFORE, notice is hereby given to the electors in the electoral division of ____________________ that:

(1) a new period for filing nomination papers is open and any person wishing to stand as a candidate at the election must file a duly completed nomination paper with my office no later than 2:00 p.m. on the second Monday following the day of the judge’s decision, namely, Monday, the ____________________ day of ____________________, 20 _____; and

(2) if necessary, polling will take place on the second Monday that follows, namely, Monday, the ____________________ day of ____________________, 20 _____, from _____ a.m. to _____ p.m.

Signed at __________________________________________, on _______________________________, 20 _____.

_________________________________

Returning Officer.

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Decision 89-03-23, Form 40; Erratum, 1989 G.O. 2, 3728; Décision 2000-12-20, s. 2.

REFERENCES

Decision 89-03-23, 1989 G.O. 2, 1566 and 3728

Decision 2000-12-20, 2001 G.O. 2, 1196