E-3.3, r. 4 - Regulation respecting the conditions of exercise of the duties of returning officer

Updated to 1 October 2024

This document has official status.

chapter E-3.3, r. 4

Regulation respecting the conditions of exercise of the duties of returning officer

Election Act

(chapter E-3.3, ss. 507 and 550).

1. A public office holder may not apply for a competition for appointment as a returning officer for 2 years following the date on which the public office holder’s term ends.

The prohibition applies only if the person held the office of

(1)  Member of the Parliament of Canada;

(2)  Member of the National Assembly;

(3)  member of the council of a municipality;

(4)  warden of a regional county municipality elected in accordance with section 210.29.2 of the Act respecting municipal territorial organization (chapter O-9); or

(5)  member of the board of directors of a school service centre or of a school board.

Decision 2004-03-31, s. 1; O.C. 816-2021, s. 51.

2. A returning officer must

(1)  be a qualified elector at all times;

(2)  be domiciled at all times in the electoral division of appointment or in an electoral division determined by a directive issued under section 503 of the Election Act (chapter E-3.3);

(3)  not be a member of any political party or engage in any partisan work at the federal, provincial, municipal or school level or hold elected office at such a level;

(4)  be upright and impartial;

(5)  have relevant knowledge of the Election Act and the Referendum Act (chapter C-64.1);

(6)  have relevant knowledge of the electoral division for which the returning officer has been appointed;

(7)  (paragraph revoked);

(8)  have knowledge of the French language;

(9)  have knowledge of the English language where the number of English-speaking electors so warrants;

(10)  abide in all respects by the oath of office made;

(11)  cooperate with the chief electoral officer in examining, assessing and trying new voting procedures;

(12)  comply with the directives of the chief electoral officer; and

(13)  make space available at the returning officer’s domicile for the material and equipment required to exercise his or her duties, according to the conditions determined by the chief electoral officer.

Decision 2004-03-31, s. 2; S.Q. 2011, c. 5, s. 37; O.C. 816-2021, s. 52; Decision 2021-09-14, s. 1.

3. A returning officer must also have the following professional skills:

(1)  the ability to manage the human, financial and material resources available to the returning officer to achieve the expected results at each stage of the election proceedings;

(2)  the ability to ensure the follow-up of the activities ensuing from the election calendar and to monitor achievement of the results determined by the chief electoral officer;

(3)  the ability to make decisions, resolve disputes in accordance with the Election Act (chapter E-3.3), election regulations and the directives of the chief electoral officer within very short time frames;

(4)  the ability to create and maintain a climate of confidence in dealings with the electors, candidates and other intervenors during and outside the electoral events;

(5)  the ability to perform quality work within the deadlines fixed by the election calendar;

(6)  the ability to use the computer systems and data produced and to have them used; and

(7)  the ability to pass on knowledge acquired to an adult clientele.

Decision 2004-03-31, s. 3.

4. A returning officer must be available as required for

(1)  the holding of a general election, by-election or referendum; and

(2)  any other assignment that may be required by the chief electoral officer including delimiting polling subdivisions, carrying out preparatory activities for an event referred to in paragraph 1 and training activities, for the period determined by the chief electoral officer.

Decision 2004-03-31, s. 4.

5. A returning officer who agrees to exercise similar duties at the federal, municipal, school or other level must first obtain authorization from the chief electoral officer and undertake in writing to be available at all times, immediately and without prior notice, when so required by the chief electoral officer.

Decision 2004-03-31, s. 5; O.C. 816-2021, s. 53; Decision 2021-09-14, s. 2.

6. During an event referred to in section 4, a returning officer must be readily accessible to the chief electoral officer and the members of the executive committee.

In addition, the chief electoral officer may require that a returning officer be present at his or her office at any time during an event referred to in that section.

Decision 2004-03-31, s. 6.

7. Paragraph 3 of section 2 applies to a returning officer who is a member of the council of a municipality or school board before 6 May 2004 only as of the end of the returning officer’s term as a member of the council.

Decision 2004-03-31, s. 7.

8. This Regulation replaces the Returning Officer (Qualifications) Regulation (Decision 89-03-23).

Decision 2004-03-31, s. 8.

9. (Omitted).

Decision 2004-03-31, s. 9.

REFERENCES

Decision 2004-03-31, 2004 G.O. 2, 1284

S.Q. 2011, c. 5, s. 37

O.C. 816-2021, 2021 G.O. 2, 2103

Decision 2021-09-14, 2021 G.O. 2, 4123