E-2.3 - Act respecting school elections to elect certain members of the boards of directors of English-language school service centres

Updated to 1 April 1999

This document has official status.

chapter E-2.3

Act respecting school elections

CHAPTER I SCOPE

1. This Act applies to all school boards, except the Cree School Board, the Kativik School Board and the Commission scolaire du Littoral established by chapter 125 of the Statutes of Québec, 1966-67.

1989, c. 36, s. 1; 1997, c. 47, s. 53.

CHAPTER I.1 OPERATION OF THE ACT

1997, c. 47, s. 54.

1.1. The integration of immigrants into the French-speaking community being a priority for Québec society, this Act shall not operate

(1)  to amend, directly or indirectly, the provisions of the Charter of the French language (chapter C-11) relating to the language of instruction;

(2)  to modify or confer any minority language educational rights.

More particularly, the fact that a person who does not have a child admitted to the educational services provided in schools of a school board chooses to vote at the election of the commissioners of an English language school board and pays school taxes to that school board, or runs for office within an English language school board, does not make the person, or the person’s children, eligible to receive preschool, elementary or secondary instruction in English.

1997, c. 47, s. 54.

CHAPTER II DATE OF ELECTIONS

2. An election shall be held every four years for all the seats of commissioners who must be elected in accordance with this Act.

1989, c. 36, s. 2.

3. Polling day shall be the third Sunday in November.

1989, c. 36, s. 3.

4. If the election is not held on the prescribed date, the Government may appoint the commissioners. Only persons qualified to be commissioners may be appointed.

Notwithstanding the foregoing, the Government may order that an election be held and fix the dates of the various proceedings leading to an election.

1989, c. 36, s. 4.

CHAPTER III ELECTORAL DIVISIONS

5. Within six months before 30 June in the year in which the election of school commissioners is held, the council of commissioners shall divide the territory of the school board into electoral divisions.

Once the division has been made, the council shall transmit the description of the electoral divisions to the chief electoral officer according to the parameters he determines.

1989, c. 36, s. 5; 1995, c. 23, s. 77.

6. The number of electoral divisions shall vary from 9 to 21 according to the number of students enrolled in the schools of the school board on 30 September of the preceding school year. There shall be

(1)  9 divisions if there are fewer than 2 000 students;

(2)  11 divisions if there are 2 000 students or more but fewer than 3 000;

(3)  13 divisions if there are 3 000 students or more but fewer than 4 000;

(4)  15 divisions if there are 4 000 students or more but fewer than 5 000;

(5)  17 divisions if there are 5 000 students or more but fewer than 6 000;

(6)  19 divisions if there are 6 000 students or more but fewer than 25 000;

(7)  21 divisions if there are 25 000 students or more.

1989, c. 36, s. 6.

7. The Government may, by order, authorize a school board to increase or reduce the number of electoral divisions that it may establish under section 6 by two, four or six, where it considers this to be justified by

(1)  the particularly large or particularly limited size of the territory of the school board;

(2)  the number of local municipalities whose territory is comprised in the territory of the school board;

(3)  the isolated location of the territory of a local municipality in the territory of the school board.

The order is published in the Gazette officielle du Québec and comes into force before 1 September in the year in which the election of commissioners is held.

1989, c. 36, s. 7; 1990, c. 35, s. 1.

8. (Repealed).

1989, c. 36, s. 8; 1997, c. 47, s. 55.

9. The council of commissioners shall assign a name or a number to each electoral division.

It shall give a public notice containing a description of the boundaries of the divisions, using the names of the streets wherever possible.

1989, c. 36, s. 9.

10. The division of the territory of a school board into electoral divisions is valid only for the first general election following the coming into force of the division and for every by-election held before the next general election.

1989, c. 36, s. 10.

11. If the council of commissioners fails to perform its obligations under sections 5, 6 and 9, the Minister of Education may appoint a person to perform such obligations at the expense of the school board.

1989, c. 36, s. 11; 1993, c. 51, s. 72; 1994, c. 16, s. 50.

CHAPTER IV PARTIES TO AN ELECTION

DIVISION I ELECTORS

12. Every person who, on polling day,

(1)  has attained eighteen years of age,

(2)  is a Canadian citizen,

(3)  has been domiciled in Québec for six months,

(4)  is not under curatorship, and

(5)  is not deprived of election rights, pursuant to section 223.2 of this Act or to section 568 of the Election Act (chapter E-3.3),

is a qualified elector.

1989, c. 36, s. 12; 1990, c. 35, s. 2.

13. To exercise his right to vote, a person must be entered on the list of electors.

1989, c. 36, s. 13.

14. Every elector shall be entered on the list of electors of the division in which his domicile is situated.

1989, c. 36, s. 14.

15. Any elector who, as of 30 September preceding polling day, has a child who is admitted to educational services provided in schools of a school board having jurisdiction over the territory in which the elector is domiciled may vote at the election of commissioners of that school board.

Any elector who, as of the same date, does not have a child who is admitted to educational services provided in schools of any school board having jurisdiction over the territory in which the elector is domiciled may vote at the election of the commissioners of the French language school board, unless he has chosen to vote at the election of the commissioners of the English language school board having jurisdiction over the territory in which he is domiciled.

1989, c. 36, s. 15; 1990, c. 35, s. 3; 1997, c. 47, s. 56.

16. (Repealed).

1989, c. 36, s. 16; 1997, c. 47, s. 57.

17. The option in respect of the exercise of the right to vote must, to be valid for a school election, be made before the expiry of the time prescribed for an application for an alteration to the list of electors.

Such an option applies for every election, unless the elector revokes it in accordance with the procedure under section 18 or unless one of his children is admitted to educational services provided in schools of a school board having jurisdiction over the territory in which the elector is domiciled.

1989, c. 36, s. 17; 1997, c. 47, s. 58.

18. The voting option shall be effected by sending a notice in writing to the returning officer of the English language school board, who shall inform the returning officer of the French language school board.

The notice must include the name, date of birth and domiciliary address of the elector.

1989, c. 36, s. 18; 1990, c. 35, s. 4; 1997, c. 47, s. 59.

19. The domicile of a person is as provided in the Civil Code for all civil purposes.

Notwithstanding the foregoing, a person who has left his principal establishment in Québec for more than one year is deemed to have changed his domicile, except where he carries on duties outside Québec on behalf of the Government of Québec or of Canada.

1989, c. 36, s. 19.

DIVISION II CANDIDATE

20. Every person who is entitled to have his name entered on the list of electors of a school board and who, on polling day, has been domiciled in the territory of the school board for six months or more may be elected as a commissioner for that school board.

1989, c. 36, s. 20.

21. The following persons are disqualified for election to the office of school commissioner:

(1)  Members of the National Assembly;

(2)  Members of the Parliament of Canada;

(3)  justices of any court of justice;

(4)  an employee of the school board;

(5)  a person sentenced to imprisonment.

Disqualification under subparagraph 5 applies for the term of the sentence but ceases if the person obtains a pardon for the offence committed.

Employees of the Conseil scolaire de l’île de Montréal are disqualified for election to the office of school commissioner of any school board on the island of Montréal.

1989, c. 36, s. 21; 1990, c. 35, s. 5; 1997, c. 47, s. 60.

DIVISION III ELECTION OFFICERS

22. The director general of the school board is the returning officer ex officio. He may refuse to act as such only with the authorization of the council of commissioners, who shall, in that case, appoint another person to replace him.

1989, c. 36, s. 22.

23. The returning officer shall appoint an election clerk to assist him in the performance of his duties.

1989, c. 36, s. 23.

24. If the returning officer is unable to exercise his duties, the election clerk shall replace him and he must notify the council of commissioners, who may, in that case, appoint another person as the returning officer.

1989, c. 36, s. 24.

25. The returning officer may, if he considers it appropriate, appoint assistants to whom he may delegate in writing the exercise of all or part of his powers and duties under this Act.

1989, c. 36, s. 25.

26. The returning officer may also retain, on a temporary basis, the services of any person he considers necessary.

1989, c. 36, s. 26.

27. The returning officer, the election clerk, the assistants, the members of the board of revisors, the persons required by the returning officer and polling officers are election officers.

Before taking office, every election officer, except the returning officer, must swear before the returning officer or a person designated by the latter that he will perform the duties of his office faithfully and to the best of his judgment and ability.

1989, c. 36, s. 27.

28. Election officers shall be chosen from among persons who are qualified electors; they may also be chosen from among the employees of the school board.

1989, c. 36, s. 28.

29. The returning officer may dismiss any election officer who neglects to perform his duties, engages in partisan work or is not qualified for the office.

An election officer who has been dismissed shall return all the official documents in his possession to the returning officer.

1989, c. 36, s. 29.

30. The school board shall fix the tariff of remuneration and expenses of election officers. The tariff cannot exceed that fixed under the Election Act (chapter E-3.3).

1989, c. 36, s. 30.

DIVISION IV REPRESENTATIVES OF CANDIDATES AND POLL RUNNERS

31. A ticket recognized under Division III of Chapter V may designate a person for each polling station where a vote may be cast in favour of one or several of its candidates, and give him a power of attorney to represent the candidate or all the candidates, as the case may be, before the deputy returning officer.

1989, c. 36, s. 31.

32. An independent candidate may designate a person for each polling station where a vote may be cast in his favour, and give him a power of attorney to represent him before the deputy returning officer.

1989, c. 36, s. 32.

33. A candidate may be present wherever his representative is authorized to act, assist him in performing his duties or replace him.

A candidate who has no representative may act where a representative would be authorized to act.

1989, c. 36, s. 33.

34. A recognized ticket may designate a poll runner for each polling place where there is a polling station at which a vote may be cast in favour of one or several of its candidates, and give him a power of attorney to periodically collect a list of the persons who have already exercised their right to vote.

An independent candidate may in the same manner designate a poll runner for each polling place where there is a polling station at which a vote may be cast in his favour.

The first two paragraphs do not apply to advance polls.

1989, c. 36, s. 34.

35. A person who is convicted of an offence that is a corrupt electoral practice within the meaning of section 223.1 or the Election Act (chapter E-3.3) is disqualified from holding office as a representative or a poll runner.

The disqualification shall continue for five years from the day on which the judgment convicting the person becomes res judicata.

1989, c. 36, s. 35; 1990, c. 4, s. 970; 1990, c. 35, s. 6.

36. The power of attorney shall be signed by the leader of the ticket, by the independent candidate or by the person designated for that purpose by the leader or candidate in a writing transmitted to the returning officer.

The power of attorney shall be presented to the deputy returning officer.

1989, c. 36, s. 36.

37. The power of attorney of a representative is valid for the duration of the poll and the counting of votes at the polling station to which he is assigned. The power of attorney of a poll runner is valid for the duration of the poll.

1989, c. 36, s. 37.

CHAPTER V ELECTION PROCEEDINGS

DIVISION I NOTICE OF ELECTION

38. Not later than 75 days before polling day, the returning officer shall give a public notice setting forth the following particulars:

(1)  the place, dates and hours for filing nomination papers;

(2)  the particulars that must be set forth in a nomination paper and the documents that must be attached;

(3)  the fact that if two or more candidates are nominated for a seat of commissioner, an advance poll and a poll will be held to elect one of them;

(4)  the date of the advance poll and the opening and closing times of the polling station or stations on that day;

(5)  polling day and the opening and closing times of the polling station or stations on that day;

(6)  the name of the election clerk;

(7)  the telephone number and address of the office of the returning officer.

The notice shall also indicate that any elector who, as of 30 September preceding polling day, does not have a child admitted to educational services provided in schools of any school board having jurisdiction over the territory in which the elector is domiciled may serve the notice referred to in section 18, as well as the time period and address for service of such a notice.

1989, c. 36, s. 38; 1997, c. 47, s. 61; 1995, c. 23, s. 78.

DIVISION II LIST OF ELECTORS

§ 1 . — Preparation

39. The returning officer shall request, in writing, that the chief electoral officer transmit to him a list of the electors whose names are entered on the permanent list of electors and who are domiciled in the territory concerned by the election.

The request shall be made in the manner determined by the chief electoral officer. It must specify the date on which the qualification to vote of electors must be ascertained, describe the territory concerned by the election and indicate the date on which and form in which the list must be transmitted.

The chief electoral officer shall transmit the list requested not later than the date specified in the request.

The costs relating to the production of the list, established under section 549 of the Election Act (chapter E-3.3), shall be charged to the school board.

1989, c. 36, s. 39; 1995, c. 23, s. 79.

39.1. The returning officer shall, jointly with the returning officer of every other school board whose territory wholly or partly coincides with the territory of the school board, draw up the list of electors for each electoral division of the school board between the seventy-fifth and the forty-fifth day before polling day, on the basis of the list transmitted by the chief electoral officer.

1995, c. 23, s. 79; 1997, c. 47, s. 62.

40. The list of electors of an English language school board shall be drawn up by drawing from the list transmitted by the chief electoral officer the name of every elector who, as of 30 September preceding polling day, has a child admitted to educational services provided in schools of the school board concerned and the name of every elector who has exercised his voting option in favour of that school board.

The list of electors of a French language school board shall be the list transmitted by the chief electoral officer from which the names of the electors referred to in the first paragraph who do not have children admitted to educational services provided in schools of the French language school board have been withdrawn.

1989, c. 36, s. 40; 1997, c. 47, s. 63.

41. Not later than 45 days before polling day, the returning officer shall deposit the list of electors of each electoral division at the head office of the school board.

1989, c. 36, s. 41.

42. Not later than five days after the deposit of the list of electors, the returning officer shall give a public notice of the deposit of the list of electors of each electoral division indicating the place where it may be examined.

The notice shall also indicate the place, days and hours fixed for filing applications for entry, striking or correction.

1989, c. 36, s. 42.

43. If on the fortieth day preceding polling day, the list of electors has not been prepared or deposited, or if the notice prescribed in section 42 has not been given, the Minister may appoint a person to carry out, at the expense of the school board, the formalities that have not been observed.

The Government may in such a case fix the dates for the various stages required for the holding of the elections, including polling day.

1989, c. 36, s. 43.

§ 2 . — Revision

44. Within five days after the notice of deposit of the list of electors, any person who ascertains that his name is not entered on the list of electors although it should be entered or that his name is entered on the list although it should not be entered or that he is erroneously designated may file a written application for entry, striking off or correction with the returning officer.

1989, c. 36, s. 44.

45. Any elector entitled to have his name entered on the part of the list of electors corresponding to an electoral division who finds that the name of a person has been entered on the list although that person is not entitled thereto may file a written application with the returning officer for the striking off of that person’s name.

1989, c. 36, s. 45; 1990, c. 35, s. 7.

46. An application for entry, striking or correction under section 44 may also be made by an elector who is a relative or the spouse of the person who is entitled to make the application.

For the purposes of the first paragraph,

(1)  “relative” means the father, mother, grandfather, grandmother, brother-in-law, sister-in-law, son, daughter, grandson, granddaughter, son-in-law, daughter-in-law and, in respect of a member of a group of persons who live together and observe common rules under the authority of a superior, the superior or the delegate authorized by him for the purposes of the first paragraph;

(2)  “spouse” means a person who is married to and cohabits with the person referred to in the first paragraph, or a person who cohabits with but is not married to that person and whom he publicly presents as his spouse.

1989, c. 36, s. 46.

47. The returning officer shall establish a board of revisors composed of three revisors appointed by him.

1989, c. 36, s. 47.

48. The returning officer shall appoint the chairman and vice-chairman of the board of revisors from among its members.

1989, c. 36, s. 48.

49. Two revisors constitute a quorum of the board of revisors.

1989, c. 36, s. 49.

50. Every question submitted to the board of revisors shall be decided by a majority vote.

In the event of a tie-vote, the chairman or, in his absence, the vice-chairman shall have a casting vote.

1989, c. 36, s. 50.

51. Upon the expiry of the five days prescribed in section 44, the returning officer shall transmit the applications for entry, striking or correction to the board of revisors.

1989, c. 36, s. 51.

52. Within the five following days, the board of revisors shall examine the applications and receive the depositions on oath of all persons present who wish to be heard and, if need be, of their witnesses.

It shall maintain or dismiss each of the applications submitted. Mention of its decision must be entered in the register it is required to keep.

1989, c. 36, s. 52.

53. Before taking an application for the striking of a name into consideration, the board of revisors shall give notice of one clear day to the person concerned by the application.

1989, c. 36, s. 53.

54. Where the decision of the board involves the striking or entry of a name although no application has been made therefor, the board may strike or enter the name of its own initiative.

Notice of one clear day must be given to the person concerned that his name will be struck. The board cannot strike the name if it has failed to give this notice.

1989, c. 36, s. 54.

55. The board of revisors may also, of its own initiative, correct the name or address of an elector where the error is manifest or where, after inquiry, the board comes to the conclusion that the name or address is erroneous.

1989, c. 36, s. 55.

56. The board of revisors, upon completing its work, shall prepare an abstract of each entry, striking and correction it has made on the list of electors.

It shall also certify the number of names entered on the list of electors before revision, the number of names added, struck or corrected and the total number of names appearing on the revised list.

1989, c. 36, s. 56.

57. On or before the twenty-ninth day preceding polling day, the board of revisors shall transmit the abstract of changes to the returning officer.

1989, c. 36, s. 57.

58. After receiving the abstract of changes, the returning officer shall incorporate the changes into the list of electors.

The abstract of changes forms part of the list of electors until such time as the changes have been incorporated into the list.

1989, c. 36, s. 58.

§ 3 . — Coming into force

59. The list of electors comes into force 27 days before polling day.

1989, c. 36, s. 59.

60. The returning officer shall give to every candidate, on the day of filing his nomination paper, a free copy of the list of electors for the electoral division where he has filed for nomination.

1989, c. 36, s. 60.

61. No clerical error in the preparation, revision or putting into force of the list of electors affects the validity of the list unless it results in actual injustice.

1989, c. 36, s. 61.

DIVISION III NOMINATIONS AND TICKETS

62. A person wishing to be a candidate shall file a nomination paper at the office of the returning officer on or before the fourteenth day preceding polling day between 10:00 a.m. and 5:00 p.m. or, as the case may be, during the nomination period fixed by the council of commissioners.

A person wishing to be a candidate may designate in writing a person to act in his name as his mandatary.

The nomination period which may be fixed by the council of commissioners may extend from the twentieth day to the fourteenth day preceding polling day.

1989, c. 36, s. 62.

63. Candidates may be grouped into tickets recognized by the returning officer.

1989, c. 36, s. 63.

64. Any ticket which undertakes, through its leader, to present candidates for at least one-third of the seats of commissioners open for nominations at the next election may apply for recognition.

1989, c. 36, s. 64.

65. The leader of the ticket shall transmit to the returning officer, between the seventy-fifth day and the twenty-fifth day preceding polling day, a written application for recognition setting forth the following particulars:

(1)  the name of the ticket;

(2)  the address to which communications intended for the ticket must be sent;

(3)  the name, address and telephone number of the leader of the ticket.

The application must also set forth the undertaking which entitles the ticket to apply for recognition.

The application must be accompanied with the names, addresses and signatures, for at least one-third of the seats of commissioners open for nominations, of the eligible persons declaring their intention to be candidates of that ticket for those seats.

1989, c. 36, s. 65.

66. The returning officer shall grant the recognition to a ticket applying therefor in accordance with sections 64 and 65.

The returning officer shall refuse to recognize a ticket if its name includes the word “independent” or is likely to mislead the electors as to which ticket they are voting for.

The recognition has effect for the purposes of the next general election and every by-election held before the general election following the next one.

1989, c. 36, s. 66.

67. A recognized ticket is not authorized to change its name except with the approval of the returning officer. The returning officer shall refuse to approve any change if the proposed name includes the word “independent” or is likely to mislead the electors as to which ticket they are voting for.

An application for approval is made by means of a writing from the leader of the ticket.

1989, c. 36, s. 67.

68. The returning officer shall, unless the election proceedings are recommenced pursuant to Division III of Chapter VI, withdraw the recognition of a ticket where, at the end of the nomination period, it offers candidates for less than one-third of the seats of commissioners open for nominations or where the number of candidates remaining after that period but before the end of the polling period is under the required minimum.

The returning officer shall also withdraw the recognition of a ticket which has changed its name to include the word “independent” or when the new name is likely to mislead the electors as to which ticket they are voting for.

1989, c. 36, s. 68.

69. The nomination paper shall state the name, date of birth, address and occupation of the candidate, indicate the division for which he is a candidate and include an affidavit certifying that he is eligible.

1989, c. 36, s. 69.

70. The nomination paper of the candidate of a recognized ticket shall state that he is the candidate for that ticket.

1989, c. 36, s. 70.

71. The nomination paper shall be signed by the candidate and supported by ten electors of the electoral division for which the nomination paper is filed.

Each elector shall enter his address opposite his signature as it appears on the list of electors.

1989, c. 36, s. 71.

72. The nomination paper shall be accompanied with a proof of the candidate’s identity and a statement signed by him or his mandatary certifying that he knows the signatories, that they signed the nomination paper in his presence and that to the best of his knowledge, they are electors of the school board.

After examining the proof of identity, the returning officer shall keep a true copy and return the original to the person filing the nomination paper or his mandatary.

1989, c. 36, s. 72.

73. The nomination paper of the candidate of a recognized ticket must be accompanied with a letter signed by the leader of the ticket certifying that the person is its official candidate for the seat concerned.

1989, c. 36, s. 73.

74. No person may be a candidate for more than one school board or for more than one electoral division of a school board.

1989, c. 36, s. 74.

75. A person may be a candidate under the name he ordinarily uses provided that it is the name by which he is commonly known in political, professional or social life and that he is acting in good faith.

1989, c. 36, s. 75.

76. The returning officer shall receive, without delay, every nomination paper meeting the requirements of this Act.

The returning officer shall then issue an acknowledgment of receipt, which is proof of the nomination.

1989, c. 36, s. 76.

77. Notwithstanding the first paragraph of section 59 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), the returning officer, during the election period, shall allow any elector to examine, at his office, any nomination paper received.

1989, c. 36, s. 77.

78. Notwithstanding section 10 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), only a candidate may obtain a copy of a nomination paper that has been accepted. The copy may be obtained free of charge at the office of the returning officer.

1989, c. 36, s. 78.

79. If, at the expiry of the nomination period, the returning officer has received only one nomination for an electoral division, he shall declare that candidate elected.

1989, c. 36, s. 79.

80. If, at the expiry of the nomination period, the returning officer has received no nomination for an electoral division, he shall inform the Minister in writing; within 30 days of being so informed, the Minister shall fill the office of commissioner.

1989, c. 36, s. 80.

81. A candidate may withdraw at any time by filing with the returning officer a declaration to that effect bearing his signature.

1989, c. 36, s. 81.

82. The name of a candidate who has withdrawn shall not appear on the ballot paper.

Notwithstanding the foregoing, if it is impossible to print new ballot papers in time for the poll, the deputy returning officer shall strike the name of the candidate from every ballot paper.

If the withdrawal of a candidate occurs while voting is in progress, all the votes cast in his favour shall be cancelled.

1989, c. 36, s. 82.

83. If, after the withdrawal of a candidate, there remains only one candidate, the returning officer shall declare him elected.

1989, c. 36, s. 83.

84. If a candidate dies after the nomination period but before the close of the poll, the returning officer shall hold a new nomination period for that electoral division between 10 a.m. and 5 p.m. on the second following Friday. The poll shall be held on the third subsequent Sunday.

The returning officer shall publish a public notice as soon as possible informing the electors of the new nomination period and new polling day.

1989, c. 36, s. 84.

DIVISION IV POLL

§ 1 . — Notice of poll

85. If the returning officer has received more than one nomination for an electoral division, he shall announce that a poll will be held by publishing a notice indicating

(1)  for each division where a poll is necessary, the name and address of each candidate, in alphabetical order of the candidates’ names;

(2)  the date, place and time when advance polling stations will be open and the electors entitled to vote thereat;

(3)  the date, place and time when polling stations will be open on polling day.

The notice shall also indicate the name of the recognized ticket to which a candidate belongs, where that is the case.

1989, c. 36, s. 85.

86. The returning officer shall post up the notice of poll at the head office of the school board at the expiry of the nomination period.

1989, c. 36, s. 86.

§ 2 . — Advance poll

87. The returning officer shall, seven days before polling day, establish as many advance polling stations as he considers necessary.

1989, c. 36, s. 87.

88. Except if otherwise provided, the provisions of this division relating to a regular poll held in a polling station, adapted as required, apply to the advance poll.

1989, c. 36, s. 88.

89. The advance polling station shall be open from 9:00 a.m. to 7:00 p.m., on Sunday of the week preceding polling day.

1989, c. 36, s. 89.

90. Election officers on duty on polling day, handicapped persons, persons who have reason to believe they will be absent or unable to vote on polling day may vote at the advance poll.

1989, c. 36, s. 90.

91. A person who has reason to believe that he will be absent or unable to vote on polling day and wishes to vote at the advance poll shall, before receiving a ballot paper, declare under oath that he will be absent or unable to vote on polling day. A note thereof shall be entered in the poll book.

1989, c. 36, s. 91.

92. When an elector is admitted to vote in an advance poll, the poll clerk shall enter his name and address in the poll book and shall make an entry thereof on the list of electors in the space reserved for that purpose.

1989, c. 36, s. 92.

93. After the close of the advance polling station, the poll clerk shall enter in the poll book the particulars prescribed in section 131.

The deputy returning officer shall place in separate envelopes the ballot papers found in the ballot box, the spoiled or cancelled ballot papers, the unused ballot papers and the list of electors; he shall then seal the envelopes. These envelopes, except the envelope containing the list of electors, shall be placed in the ballot box together with the poll book. The deputy returning officer shall seal the ballot box and affix thereto a safety seal bearing a number.

The deputy returning officer shall then deliver the ballot box to the returning officer or the person designated by him.

1989, c. 36, s. 93.

§ 3 . — Poll officers

94. The returning officer shall establish as many polling stations as he considers necessary.

The polling stations of an electoral division must be grouped in one public place. However, if the returning officer considers it preferable by reason of the size of the electoral division, the number of electors in the electoral division or the presence in that electoral division of a facility maintained by an institution operating a hospital centre, a residential and long-term care centre or a rehabilitation centre within the meaning of the Act respecting health services and social services (chapter S-4.2), he may establish these stations at more than one place.

1989, c. 36, s. 94; 1992, c. 21, s. 156.

95. The returning officer shall appoint a deputy returning officer and a poll clerk for each polling station.

1989, c. 36, s. 95.

96. The deputy returning officer shall, in particular,

(1)  see to the physical arrangement of the polling station;

(2)  ensure that the polling is properly conducted and that order is maintained;

(3)  facilitate the exercise of the right to vote and ensure the secrecy of the vote;

(4)  proceed with the counting of the votes;

(5)  transmit the results of the poll to the returning officer and deliver the ballot box to him.

1989, c. 36, s. 96.

97. The poll clerk shall, in particular,

(1)  enter in the poll book the particulars relating to the conduct of the polling;

(2)  assist the deputy returning officer.

1989, c. 36, s. 97.

98. The returning officer may, to maintain peace and order, require the assistance of peace officers or of any other person.

1989, c. 36, s. 98.

§ 4 . — Materials required for the poll

99. The returning officer shall cause ballot papers to be printed in the form prescribed in Schedule I.

The paper used to make the ballot papers must be of sufficient weight that writing does not appear through it.

1989, c. 36, s. 99.

100. The ballot paper must have a counterfoil and be attached to a stub. The counterfoil and the stub must bear the same number on the reverse and be numbered consecutively.

1989, c. 36, s. 100.

101. The ballot paper must allow each candidate to be identified.

The ballot paper must contain, on the obverse,

(1)  the full names of the candidates in alphabetical order of surnames, with the given name of each placed before his surname;

(2)  under each name, the name of the recognized ticket to which the candidate belongs, where such is the case;

(3)  a circle for the elector’s mark opposite the particulars pertaining to each candidate.

1989, c. 36, s. 101.

102. The ballot paper shall contain, on the reverse,

(1)  the number of the ballot paper appearing on the counterfoil and the stub;

(2)  a space reserved for the initials of the deputy returning officer;

(3)  the name of the school board;

(4)  the name or number of the electoral division concerned;

(5)  polling day;

(6)  the name and address of the printer.

The designation of the electoral division concerned must correspond to that appearing in the nomination papers.

1989, c. 36, s. 102.

103. Where several candidates have the same name, the returning officer shall, to avoid the possibility of confusion, enter their occupation and, if necessary, their address under their name. Where that is the case, he shall make the same entries for each candidate.

1989, c. 36, s. 103.

104. When delivering the ballot papers to the returning officer, the printer shall produce an affidavit containing the description of the ballot papers printed by him, showing the number of ballot papers delivered to the returning officer, and certifying that he has not furnished any other ballot paper to any other person and that he has none in his possession.

1989, c. 36, s. 104.

105. The returning officer shall obtain as many ballot boxes as are necessary for the conduct of the election.

Every ballot box shall be made of durable material and of uniform size and shape.

1989, c. 36, s. 105.

§ 5 . — Preliminary proceedings

106. Not later than one hour before the time fixed for the opening of the polling station, the returning officer shall deliver to the deputy returning officer, in a sealed ballot box, after affixing his initials to the seals, the list of electors of the polling station, a poll book, the required number of ballot papers, the forms and the materials and documents required for the poll and the counting of votes. He shall also supply the deputy returning officer with a polling booth.

1989, c. 36, s. 106.

107. The deputy returning officer and the poll clerk shall be present at the polling station one hour before the opening of the poll.

1989, c. 36, s. 107.

108. A candidate or his representative may be present at the polling station with the deputy returning officer and the poll clerk and observe any operation taking place in the polling station.

1989, c. 36, s. 108.

109. The deputy returning officer, in the presence of the poll clerk, shall open the ballot box and examine the documents found in it and the materials required for the poll, and comply with the directives issued in that respect by the returning officer.

1989, c. 36, s. 109.

110. At the time fixed for the opening of the poll, the deputy returning officer and the poll clerk shall inspect the ballot box to verify that it contains no ballot paper. It shall then be sealed and placed in front of the deputy returning officer, on the table of the polling station.

1989, c. 36, s. 110.

§ 6 . — Polling

111. Polling shall take place from 9:00 a.m. to 7:00 p.m.

1989, c. 36, s. 111.

112. Every employer shall grant to his employees, during the hours the polling stations are open, at least four consecutive hours to vote, not counting the time normally allowed for meals.

No deduction of salary or wages and no penalty may be imposed on the employee by reason of this leave.

1989, c. 36, s. 112.

113. Not more than one elector shall be admitted to a polling station at one time.

1989, c. 36, s. 113.

114. The elector shall give his surname, given name and address to the deputy returning officer and to the poll clerk.

1989, c. 36, s. 114.

115. The deputy returning officer shall admit an elector to vote if he has not already voted, if he is entered on the list of electors used at the polling station and if his surname, given name and address correspond to those appearing on the list of electors.

1989, c. 36, s. 115.

116. The deputy returning officer shall, after writing his initials in the space reserved for that purpose and detaching the counterfoil, give a ballot paper to the elector admitted to vote.

1989, c. 36, s. 116.

117. Every person presenting himself to vote shall, if requested by the deputy returning officer, a candidate or his representative, make the following declaration before the deputy returning officer:

“I swear (or solemnly affirm) that I am a qualified elector and that I have not already voted in this election”.

If the elector refuses, he shall lose his right to vote in the current election and an entry thereof shall be made in the poll book, in accordance with the form provided in Schedule II.

1989, c. 36, s. 117.

118. The elector whose designation does not correspond exactly to that appearing on the list of electors may nevertheless be admitted to vote after making the declaration provided in section 117.

1989, c. 36, s. 118.

119. After receiving a ballot paper, the elector shall proceed to the polling booth and, without undue delay, mark his ballot paper in one of the circles and fold it.

The elector shall mark his ballot paper by making a cross, an “X”, a check mark or a line on the ballot paper with a pen or, as the case may be, the pencil put at his disposal by the deputy returning officer.

1989, c. 36, s. 119.

120. The elector shall leave the polling booth, and allow the initials of the deputy returning officer to be examined by the latter, the poll clerk and every representative or a candidate who wishes to do so. The elector, in full view of the persons present, shall then detach the stub and remit it to the deputy returning officer, who shall destroy it, and the elector himself shall place his ballot paper in the ballot box.

1989, c. 36, s. 120.

121. As soon as an elector has voted, the poll clerk shall indicate it on the list of electors in the space reserved for that purpose.

1989, c. 36, s. 121.

122. If the initials appearing on the back of the ballot are not those of the deputy returning officer, the latter shall cancel the ballot and the poll clerk shall make an entry thereof in the poll book.

1989, c. 36, s. 122.

123. The deputy returning officer shall give a new ballot paper to an elector who has inadvertently marked or spoiled his ballot paper, and cancel the marked or spoiled ballot paper.

1989, c. 36, s. 123.

124. An elector who declares under oath that he is unable to mark his ballot paper himself may be assisted

(1)  by the deputy returning officer or the poll clerk, in the presence of the candidates or their representatives;

(2)  by an elector of the same electoral division, in the presence of the deputy returning officer or the poll clerk assigned to the polling station. The latter elector shall declare under oath that he has not assisted another elector during the poll.

In either case, an indication thereof shall be entered in the poll book.

1989, c. 36, s. 124.

125. An elector under whose name a person has already voted may nevertheless be admitted to vote after making the declaration provided in section 117. An entry thereof shall be made in the poll book.

1989, c. 36, s. 125.

126. An elector whose name does not appear on the list of electors used at the polling station but appears on the revised list of electors in the possession of the returning officer may obtain a written authorization to vote from the returning officer or the election clerk.

An elector who has obtained an authorization under the first paragraph shall present it to the deputy returning officer and declare under oath that he is the person who obtained it. An entry thereof shall be made in the poll book.

1989, c. 36, s. 126.

127. By way of exception to section 13, an elector whose name is not entered on the list of electors for the electoral division where it would rightfully be entered may be allowed to vote upon the following conditions:

(1)  he makes the declaration contemplated in section 117;

(2)  two electors entered on the list of electors for the same electoral division declare under oath that the person applying to vote is a qualified elector.

An entry thereof shall be made in the poll book.

1989, c. 36, s. 127.

128. If polling does not begin at the time fixed, if it is interrupted by irresistible force or if it cannot be concluded for a lack of ballot papers, it shall be continued until it has lasted ten hours.

1989, c. 36, s. 128.

129. The electors who are present on the premises of a polling station at the close of the poll and who have not been able to vote before the appointed time may exercise their right to vote. The deputy returning officer shall declare the polling closed after they have voted.

1989, c. 36, s. 129.

CHAPTER VI PROCEEDINGS AFTER CLOSE OF POLL

DIVISION I COUNTING OF VOTES

130. After the close of the poll, the deputy returning officer, assisted by the poll clerk, shall count the votes. The candidates and their representatives may attend.

1989, c. 36, s. 130.

131. Before the ballot box is opened, the poll clerk shall enter in the poll book

(1)  the number of electors who have voted;

(2)  the number of ballot papers inadvertently marked, spoiled or cancelled and the number of unused ballot papers.

1989, c. 36, s. 131.

132. The deputy returning officer shall open the ballot box, count the votes by taking, one by one, the ballot papers placed in the ballot box and allow each person present to examine each ballot.

1989, c. 36, s. 132.

133. The deputy returning officer shall declare valid every ballot paper which an elector has marked in one of the circles as provided in section 119.

Notwithstanding the foregoing, the deputy returning officer shall reject every ballot paper which

(1)  has not been furnished by him;

(2)  has not been marked;

(3)  has been marked in favour of more than one candidate;

(4)  has been marked elsewhere than in one of the circles;

(5)  bears fanciful or injurious entries; or

(6)  bears a mark by which the elector can be identified.

1989, c. 36, s. 133.

134. The deputy returning officer shall reject every ballot paper that does not bear his initials. However, the ballot paper shall not be rejected where all of the following conditions are met:

(1)  the number of ballot papers found in the ballot box corresponds to the number of ballot papers which, according to the list of electors and the poll book, as the case may be, were placed in it;

(2)  the ballot papers found in the ballot box which bear no initials are, on their face, those furnished by the deputy returning officer;

(3)  the deputy returning officer signs an affidavit attesting that he inadvertently omitted or forgot to affix his initials to a specified number of ballot papers.

The deputy returning officer shall then, in full view of the persons present, affix his initials to the back of every ballot that does not bear them, and shall enter on each ballot, following his initials, a note indicating that they were affixed as a correction. An entry thereof shall be made in the poll book.

1989, c. 36, s. 134.

135. No ballot paper may be rejected for the sole reason that the stub has not been detached. In such a case, the deputy returning officer shall detach the stub and destroy it.

Furthermore, no ballot paper may be rejected for the sole reason that the mark made in one of the circles by the elector extends beyond the circumference of the circle.

1989, c. 36, s. 135.

136. The deputy returning officer shall consider every objection raised in relation to the validity of a ballot and decide it immediately. The objection and the decision of the deputy returning officer shall be entered in the poll book.

1989, c. 36, s. 136.

137. After counting the ballots, the deputy returning officer shall draw up a statement of the poll according to the form provided in Schedule III.

He shall give a copy of the statement to every candidate or his representative and shall keep a copy to be delivered to the returning officer.

1989, c. 36, s. 137.

138. The deputy returning officer shall then place, in separate envelopes, the ballot papers marked in favour of each candidate, the rejected ballot papers, the inadvertently marked, spoiled or cancelled ballot papers, the unused ballot papers and the statement of the poll. He shall seal the envelopes.

The deputy returning officer, the poll clerk and those representatives wishing to do so shall affix their initials to the seals.

The envelopes, the poll book and the list of electors shall be placed in the ballot box.

1989, c. 36, s. 138.

139. The deputy returning officer shall seal the ballot box; he, the poll clerk and those representatives wishing to do so shall affix their initials to the seals.

The deputy returning officer shall deliver the ballot box to the returning officer or to the person designated by him.

1989, c. 36, s. 139.

DIVISION II ADDITION OF VOTES

140. The addition of the votes shall begin at the time fixed by the returning officer on the night of the poll. It shall take place at the office of the returning officer and any candidate or elector may be present.

1989, c. 36, s. 140.

141. The returning officer shall add the votes by using the statements of the poll delivered to him by the deputy returning officers and compiling the votes cast in favour of each candidate in each polling station of the electoral division.

1989, c. 36, s. 141.

142. If the statement of the poll has not been enclosed in a ballot box or if a ballot box has not been returned to the returning officer, he shall adjourn the addition of the votes until he obtains the missing statement or ballot box.

If it is impossible to obtain them, he shall use the statement of the poll given to him or, failing that, the statement of the deputy returning officer or of a representative, and he shall continue with the addition.

1989, c. 36, s. 142.

143. The returning officer shall declare the results of the addition. He may communicate them to any person on request.

1989, c. 36, s. 143.

144. In the case of a tie for first place, the returning officer shall make a new addition of the votes.

If the tie-vote still exists after the new addition, the returning officer shall apply to the Court of Québec in accordance with the provisions of section 147.

1989, c. 36, s. 144.

DIVISION III JUDICIAL RECOUNT

145. Any candidate or his representative may apply for a judicial recount on the ground that a deputy returning officer has, in counting the votes, improperly counted any ballot, improperly rejected any ballot or made an incorrect statement of the number of ballots cast for any candidate.

1989, c. 36, s. 145.

146. The candidate who came second, or his representative, may apply for a judicial recount where the majority is not over 5% of the votes cast.

1989, c. 36, s. 146.

147. The application for a judicial recount is made by way of a motion to a judge of the Court of Québec of the judicial district in which all or part of the electoral division where the election was held is situated.

1989, c. 36, s. 147.

148. The motion must be presented within four days after the addition of the votes.

1989, c. 36, s. 148.

149. The judicial recount shall begin within four days after the presentation of the motion and be carried out as rapidly as possible.

1989, c. 36, s. 149.

150. The judge shall give notice in writing of at least one clear day to the returning officer and to the candidates of the day, time and place where the recount will take place.

The judge shall summon the election clerk and the returning officer, and order the returning officer to bring the ballot boxes and the statements of the poll of the electoral division concerned.

1989, c. 36, s. 150.

151. On the appointed day, the judge, in the presence of the returning officer and election clerk, shall recount the votes.

1989, c. 36, s. 151.

152. Sections 133 and 135 apply for the purpose of deciding the validity of a ballot paper and the judge may for that purpose take the measures he considers appropriate.

1989, c. 36, s. 152.

153. If a ballot box or required documents are missing, the judge shall take the appropriate measures to ascertain the results of the vote. For that purpose, he is vested with the powers and immunity of a commissioner appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment.

Every person testifying on that occasion before the judge has the same privileges and immunity as a witness before the Superior Court, and articles 307 and 309 of the Code of Civil Procedure (chapter C-25) apply, adapted as required.

1989, c. 36, s. 153; 1992, c. 61, s. 281.

154. While the recount is in progress, the judge has the custody of the ballot boxes and their contents, and of all the other documents that have been delivered to him.

1989, c. 36, s. 154.

155. Upon the completion of the recount, the judge shall compile the votes cast in favour of each candidate, verify or rectify any statement of the poll and certify the results of the vote.

The judge shall return the ballot boxes and all the other documents used for the recount to the returning officer.

1989, c. 36, s. 155.

156. The returning officer shall declare elected the candidate who received the largest number of votes.

If the tie-vote still exists after a judicial recount, the returning officer shall order a new election for the electoral division concerned and shall fix the dates for nominations and for the poll.

1989, c. 36, s. 156.

157. The judge shall award and fix the amount of the costs according to the tariff established by government regulation.

Where the election results remain unchanged, the costs of the candidate who received the largest number of votes shall be assumed by the person who applied for the recount.

The person who applied for a recount pursuant to section 146 shall pay no costs.

1989, c. 36, s. 157.

158. Costs are recoverable in the same manner as costs awarded in ordinary cases before the Court of Québec.

1989, c. 36, s. 158.

DIVISION IV DECLARATION OF ELECTION

159. If no application for a judicial recount is filed within the time prescribed, the returning officer shall declare elected the candidate who has received the largest number of votes. He shall also declare elected the candidate declared elected under section 79 or under section 83. He shall send a copy of the declaration to each candidate.

1989, c. 36, s. 159.

160. School commissioners shall take office on the date of the declaration of election.

Every commissioner shall remain in office until a new election is held, unless his seat becomes vacant for one of the reasons set out in section 191.

1989, c. 36, s. 160.

161. The returning officer shall keep the documents relating to the election until the time allowed for contestation has expired.

1989, c. 36, s. 161.

162. The returning officer shall enter the names of the candidates declared elected and the official results of the poll in the minute book of the school board.

1989, c. 36, s. 162.

163. The returning officer shall issue, without undue delay, a public notice stating the name of every elected candidate and the electoral division he represents.

1989, c. 36, s. 163.

164. Within 30 days from taking office, every school commissioner shall swear before the returning officer, or the person designated by him, to fulfill his duties faithfully and to the best of his judgment and ability.

An entry of the oath shall be made in the Minutes of Proceedings of the school board.

1989, c. 36, s. 164.

CHAPTER VII ELECTORAL CODE OF ETHICS

DIVISION I SECRECY OF VOTING

165. Voting is secret.

1989, c. 36, s. 165.

166. No elector may, on the premises of a polling station, indicate publicly, in any manner, in favour of which candidate he proposes to vote or has voted.

No candidate, representative or election officer may, on those premises, attempt to learn in favour of which candidate an elector proposes to vote or has voted.

The building in which the polling station is located and any neighbouring place where the indications of the elector or the actions of the candidate, representative or election officer may be heard or seen by the electors waiting in line are considered to be the premises of a polling station.

1989, c. 36, s. 166.

167. No candidate, representative, election officer or elector who has given assistance to another elector may reveal the name of the candidate for whom the elector has voted.

1989, c. 36, s. 167.

168. No person may be compelled to disclose for which candidate he has voted.

1989, c. 36, s. 168.

DIVISION II PARTISAN PUBLICITY AND PARTISAN WORK

169. No person may, on the premises of a polling station, use a sign to indicate his association with a recognized ticket or his support for or opposition to a ticket or candidate or ideas promoted or opposed by the latter, or engage in any other form of partisan publicity.

The building in which the polling station is located and any neighbouring place where the sign or partisan publicity may be seen or heard by the electors waiting in line are considered to be the premises of the polling station.

1989, c. 36, s. 169.

170. No election officer may engage in partisan work from the time he has made his oath.

1989, c. 36, s. 170.

171. No employee of a school board may engage in partisan activities in relation to an election of commissioners of the school board.

1989, c. 36, s. 171.

172. Attending a meeting of the candidates on a recognized ticket, making a contribution to a candidate or affixing a signature in support of a nomination or an application for authorization are not partisan activities.

The first paragraph does not apply to the secretary general of the school board or to any other employee of the school board while he is an election officer.

1989, c. 36, s. 172.

CHAPTER VIII CONTESTATION OF ELECTIONS

173. The election of a school commissioner may be contested by a candidate or by five electors where the election or the declaration pertaining to it is irregular, or, where a corrupt electoral practice was used which causes the election of the school commissioner to be null.

1989, c. 36, s. 173.

174. (Repealed).

1989, c. 36, s. 174; 1990, c. 35, s. 8.

175. An election is contested by way of a motion to the Superior Court of the judicial district in which all or part of the electoral division where the election was held is situated.

1989, c. 36, s. 175.

176. The motion shall be presented within 30 days after the declaration of election.

1989, c. 36, s. 176; 1990, c. 35, s. 9.

177. The returning officer shall be made a party to the case.

1989, c. 36, s. 177.

178. The summons is made by service of the motion provided for in section 175.

1989, c. 36, s. 178; 1996, c. 5, s. 75.

179. Proceedings are conducted in accordance with the rules of Chapter I of Title II of Book V of the Code of Civil Procedure (chapter C-25) but the motion is heard and decided by preference.

1989, c. 36, s. 179; 1996, c. 5, s. 76.

180. The rules of proof are those in force in civil matters.

1989, c. 36, s. 180.

181. The fact that the respondent has accepted a post which disqualifies him from holding a seat or has abandoned his seat as a school commissioner does not prevent the making of the motion or interrupt the hearing.

1989, c. 36, s. 181.

182. The court shall decide whether

(1)  the election is null;

(2)  the school commissioner whose election is contested was duly elected or declared elected;

(3)  another person was elected, indicating who that other person is.

1989, c. 36, s. 182.

183. If the hearing establishes

(1)  that a corrupt electoral practice was used by a candidate or, with his knowledge and consent, by another person, the candidate shall be considered guilty of a corrupt electoral practice, and if he has been elected, his election is null;

(2)  that a corrupt electoral practice was used by the representative of a candidate, the election of that candidate is null.

The election of a candidate shall not be declared null pursuant to subparagraph 2 of the first paragraph if it is established that the deed is of minor gravity and could not have affected the outcome of the election, and that the candidate, in good faith, took reasonable precautions to carry on an honest campaign for election.

1989, c. 36, s. 183.

184. If the hearing establishes that a candidate, personally or through another person, committed an offence described in section 217 or 219, the court shall subtract, from the number of votes which appear to have been given in favour of the candidate, one vote for each person who voted at that election and in respect of whom, according to the evidence, the candidate is guilty of that offence.

1989, c. 36, s. 184.

185. The election of a candidate shall not be declared null by reason of an offence against this Act that does not constitute a corrupt electoral practice, if the court comes to the conclusion that the offence could not have changed or significantly affected the outcome of the election.

1989, c. 36, s. 185; 1990, c. 35, s. 10.

186. No election may be declared null by reason of a failure to observe a formality prescribed for the proceedings relating to the polling or for the counting of votes or by reason of the disqualification of an election officer if the election proceedings have been conducted in accordance with the principles established by this Act and the inobservance or disqualification has not affected the outcome of the election.

1989, c. 36, s. 186.

187. No election may be declared null by reason of a failure to observe the prescribed time limits, unless the inobservance has affected the outcome of the election.

1989, c. 36, s. 187.

188. No election may be declared null by reason of the fact that a person who supports a nomination is not an elector.

1989, c. 36, s. 188.

189. No appeal lies from a decision of the Superior Court.

1989, c. 36, s. 189.

190. If the court annuls the election of one or several school commissioners without designating another person elected, it shall order a new election, determine the nomination period and fix the date of the poll.

1989, c. 36, s. 190.

CHAPTER IX PROCEDURE APPLICABLE TO THE FILLING OF VACANCIES ON THE COUNCIL OF COMMISSIONERS

DIVISION I VACANCIES

191. The term of office of a school commissioner ends

(1)  upon his death;

(2)  upon his resignation;

(3)  upon his failure to attend six consecutive sittings of the council of commissioners held at intervals of at least seven days;

(4)  upon his becoming disqualified from sitting on the council;

(5)  upon his becoming ineligible for the office of commissioner;

(6)  upon his failure to make his oath of office.

1989, c. 36, s. 191.

192. A school commissioner may resign from office by transmitting a writing to that effect signed by him to the secretary general of the school board.

The term of the commissioner ends on the date of transmission of the writing or on any later date specified therein.

The secretary general shall transmit the writing to the council of commissioners at the next sitting.

1989, c. 36, s. 192.

193. The term of a commissioner who fails to attend sittings of the council of commissioners ends at the opening of the seventh consecutive sitting he has failed to attend.

1989, c. 36, s. 193.

194. The term of a commissioner who ceases after his election to meet the requirements for election set forth in section 20 or who is disqualified or became disqualified during his term of office ends on the date on which the judgment declaring him ineligible or disqualified becomes res judicata.

Any elector of a school board in which a person is a candidate for, holds or has held a seat on the council of commissioners may bring an action to declare that person ineligible or disqualified.

The school board itself may bring the action.

1989, c. 36, s. 194; 1990, c. 35, s. 11.

195. The term of a commissioner who, after being elected, becomes disqualified pursuant to any of subparagraphs 1 to 4 of the first paragraph of section 21 ends on the day he takes office in a position referred to in those subparagraphs.

1989, c. 36, s. 195; 1990, c. 35, s. 12.

196. The term of a commissioner convicted of an offence which disqualifies him ends on the day the judgment becomes final.

1989, c. 36, s. 196; 1990, c. 35, s. 13.

197. The term of a commissioner ends on the date the judgment declaring the nullity of his election or ousting him from office becomes res judicata.

1989, c. 36, s. 197.

198. The secretary general of the school board, upon ascertaining a fact described in any of sections 191 to 197, shall notify the council of commissioners at the next sitting.

1989, c. 36, s. 198.

DIVISION II BY-ELECTIONS AND APPOINTMENTS

199. If 12 months or less remain before the end of the term of the commissioner in whose seat a vacancy has occurred, the council of commissioners shall fill the vacancy within 30 days, after consultation with the parents’ committee instituted under the Education Act (chapter I-13.3). The person appointed must have the qualifications required of a school commissioner.

The school board shall give public notice of the name of the person appointed.

1989, c. 36, s. 199.

200. If more than 12 months remain before the end of the term of office of the commissioner in whose seat a vacancy has occurred, the returning officer of the school board shall hold an election to fill the office.

The provisions of Chapters IV to XIII, adapted as required, apply to the election. The notice of election provided for in section 38 must, however, be given within 30 days from the date on which the seat is deemed to be vacant and the poll shall be held on the Sunday following the seventy-fifth day after the notice.

1989, c. 36, s. 200; 1990, c. 35, s. 14; 1995, c. 23, s. 80.

CHAPTER X LEAVE WITHOUT PAY

201. Every employer shall, upon written request, grant a leave without pay to his employee who is a candidate at a school election.

1989, c. 36, s. 201.

202. The leave begins on the later of the following dates:

(1)  the day on which the employee becomes a candidate;

(2)  the first day for which the employee requested the leave.

The leave ends on the day a person is declared elected to the office for which the employee was a candidate.

1989, c. 36, s. 202.

203. Every employer shall, upon written request, grant a leave without pay to his employee who is an election officer.

The employee may be granted a full-time or a part-time leave depending on the terms and conditions of his employment as an election officer.

1989, c. 36, s. 203.

204. No employer may, by reason of the leave, dismiss, lay off, suspend, demote or transfer an employee, or do anything that would adversely affect any of the benefits attached to his employment.

The leave does not interrupt the continuous service of the employee.

While on leave, the employee may continue to contribute to all the plans in which he is a participant provided he applies therefor in writing at the beginning of the leave and pays the totality of the premiums, including the employer’s contribution.

At the expiry of the leave, the employee is entitled to the benefits he would have received if he had been at work during that time.

1989, c. 36, s. 204.

205. An employee believing himself the victim of a contravention of this chapter may file a complaint with the labour commissioner general appointed under the Labour Code (chapter C-27). In that case, sections 15 to 20, 49 to 51, 118 to 137, 139 to 140.1 and 150 to 152 of the Labour Code apply, adapted as required.

1989, c. 36, s. 205.

206. An employee governed by a collective agreement or the association certified to represent him may elect to invoke the grievance settlement and arbitration procedure instead of filing a complaint with the labour commissioner general. In that case, sections 17, 100 to 100.10 and 139 to 140.1 of the Labour Code (chapter C-27) apply, adapted as required.

The arbitrator shall refuse to hear the grievance if a complaint is filed with the labour commissioner general at the same time the grievance settlement and arbitration procedure is invoked.

1989, c. 36, s. 206.

CHAPTER XI ELECTION EXPENSES OF CANDIDATES

207. After an election, every candidate who has obtained at least 20 % of the votes is entitled to a reimbursement of his election expenses by the school board.

Every candidate elected by acclamation and every candidate at an election where proceedings are recommenced by reason of the death of a candidate is also entitled to a reimbursement.

The amount of the reimbursement shall be fixed in accordance with the rules determined by government regulation.

1989, c. 36, s. 207.

208. To be entitled to a reimbursement, a candidate must file an itemized statement of his expenses before the date and in the form prescribed by the school board. The statement must be accompanied with the relevant invoices, receipts and other vouchers.

1989, c. 36, s. 208.

209. For the purposes of section 207, the expression “election expenses” means all expenses incurred during an election period to promote or oppose, directly or indirectly, the election of a candidate, propagate or oppose the program or policy of a candidate or approve or disapprove courses of action advocated or opposed by a candidate or acts done or proposed by a candidate or his supporters.

Expenses incurred before the election period for the purchase or production of any literature, object, advertising material or radio or television programs used or broadcast during the election period for the purposes mentioned in the first paragraph are deemed to be election expenses.

For the purposes of this section, the expression “election period” means the period beginning on the day of publication of the notice of election and ending on polling day.

1989, c. 36, s. 209.

CHAPTER XII GENERAL PROVISIONS

210. The Government shall, by regulation, determine rules for the fixing of the amount of election expenses that may be reimbursed to a person who is a candidate for the office of school commissioner.

The regulation comes into force 15 days after the date of its publication in the Gazette officielle du Québec or on any later date fixed therein.

1989, c. 36, s. 210.

211. A public notice prescribed by this Act shall be published in at least one newspaper having general circulation in the territory of the school board.

The notice shall set forth its object and be published within the time prescribed or, failing that, as soon as possible.

1989, c. 36, s. 211.

CHAPTER XIII PENAL PROVISIONS

212. Every person who, at the time of the preparation or revision of the list of electors,

(1)  knowingly includes the name of a person who should not be entered,

(2)  knowingly omits to include the name of a person who should be entered,

(3)  makes an application for the entry of a name he knows to be fictitious or to be that of a deceased person or of a person not qualified as an elector,

(4)  makes an application for the striking off of the name of a person he knows is a qualified elector,

(5)  in contravention of section 282.1, uses, communicates or allows to be communicated, for purposes other than those provided for in this Act, or communicates or allows to be communicated to a person not legally entitled thereto, any information contained in a list of electors;

(6)  (paragraph replaced).

is guilty of an offence.

1989, c. 36, s. 212; 1995, c. 23, s. 81.

213. Every person who

(1)  offers himself as a candidate knowing he is not eligible as a commissioner,

(2)  supports a nomination when he is not an elector,

(3)  offers himself as a candidate in more than one electoral division of the same school board, or

(4)  knowingly spreads false news of the withdrawal of a candidate,

is guilty of an offence.

1989, c. 36, s. 213.

214. Every person who

(1)  votes more than once at the same school board election,

(2)  permits a person to vote without being entered on the list of electors, except in the cases referred to in section 126 or 127,

(3)  votes without being entitled to vote,

(4)  votes or attempts to vote by falsely assuming the name and quality of an elector or by using the name of a fictitious or deceased person,

(5)  knowingly prints or uses a false ballot paper or alters or counterfeits a ballot paper,

(6)  being a printer, keeps a ballot paper in his possession or delivers a ballot paper to a person other than the returning officer,

(7)  modifies or imitates the initials of the deputy returning officer,

(8)  acts as the representative of a candidate when his power of attorney is false,

(9)  being a deputy returning officer, gives a ballot paper to a person who refuses to make the oath required, or

(10)  being a deputy returning officer, knowingly admits to vote a person who has already voted,

is guilty of an offence.

1989, c. 36, s. 214.

215. Every person who

(1)  falsifies the poll book or the statement of the poll,

(2)  knowingly destroys a ballot paper before the end of the period for the contestation of the election, or

(3)  being a returning officer, makes or issues a fraudulent declaration of election,

is guilty of an offence.

1989, c. 36, s. 215.

216. Every returning officer or election officer who fraudulently neglects or refuses to act, or acts in contravention of the provisions of this Act, is guilty of an offence.

1989, c. 36, s. 216.

217. Every person who knowingly violates or attempts to violate the secrecy of voting, inhibits or attempts to inhibit the freedom to vote, prevents or attempts to prevent any proceeding relating to the vote, or alters or attempts to alter the results of the election, is guilty of an offence.

1989, c. 36, s. 217.

218. Every employer who

(1)  contravenes any of sections 201 to 204, or

(2)  uses his authority or his influence to incite any of his employees to refuse to become a candidate or an election officer or to abandon that office after having accepted it,

is guilty of an offence.

1989, c. 36, s. 218.

219. Every person who

(1)  being a candidate, or with a candidate’s consent, attempts to influence the vote of an elector or to induce him to abstain from voting by promising or giving him any benefit, or

(2)  to obtain or because he has obtained a benefit, votes or agrees to vote for a candidate or abstains or agrees to abstain from voting,

is guilty of an offence.

The foods or non-alcoholic beverages served or consumed at a meeting held by a candidate or the candidates on a recognized ticket do not constitute benefits for the purposes of the first paragraph.

1989, c. 36, s. 219.

220. Every person who is guilty of an offence under either of paragraphs 2 and 3 of section 213, any of paragraphs 1 to 3, 6, 7 and 9 of sections 214 or section 218 is liable to a fine of not less than $100 nor more than $1 000 in the case of a natural person or, in the case of a legal person, to a fine of not less than $300 nor more than $3 000, and for any subsequent conviction, to a fine of not less than $200 nor more than $2 000 in the case of a natural person, or in the case of a legal person, to a fine of not less than $600 nor more than $6 000.

1989, c. 36, s. 220; 1990, c. 4, s. 972.

221. Every person who is guilty of an offence under section 213, either of paragraphs 1 and 4 of section 213, any of paragraphs 4, 5, 8 or 10 of section 214 or any of sections 215 to 217 and 219 is liable to a fine of not less than $500 nor more than $5 000 in the case of a natural person or, in the case of a legal person, to a fine of not less than $1 500 nor more than $15 000 and, for any subsequent conviction, to a fine of not less than $1 000 nor more than $10 000 in the case of a natural person or, in the case of a legal person, to a fine of not less than $3 000 nor more than $30 000.

1989, c. 36, s. 221; 1990, c. 4, s. 273.

222. Every person who, by his act or omission, incites another person to commit an offence may be found guilty of the offence as if he had committed it himself if he knew or should have known that his act or omission would probably result in aiding the commission of the offence.

1989, c. 36, s. 222.

223. Every person who, by his encouragement, advice or order, induces another person to commit an offence may be found guilty of the offence, and of any other offence committed by the other person, as if he had committed it himself if he knew or should have known that such encouragement, advice or order would probably result in the commission of the offences.

1989, c. 36, s. 223.

223.1. Every offence described in paragraphs 1 to 4 of section 212, in paragraph 4 of section 213, in paragraphs 1, 2, 3, 4 and 10 of section 214, in paragraphs 1 and 3 of section 215 and in sections 216, 217 and 219 is a corrupt electoral practice.

1990, c. 35, s. 15.

223.2. Every person convicted of an offence that is a corrupt electoral practice loses, for a period of five years from the judgment, the right to engage in partisan work, vote or be a candidate in an election.

1990, c. 35, s. 15.

224. (Repealed).

1989, c. 36, s. 224; 1992, c. 61, s. 282.

CHAPTER XIV CONCORDANCE AMENDMENTS

225. (Amendment integrated into c. A-2.1, Schedule A).

1989, c. 36, s. 225.

226. (Amendment integrated into c. I-14, s. 39).

1989, c. 36, s. 226.

227. (Amendment integrated into c. I-14, s. 47.5).

1989, c. 36, s. 227.

228. (Omitted).

1989, c. 36, s. 228.

229. (Amendment integrated into c. I-14, s. 52.1).

1989, c. 36, s. 229.

230. (Amendment integrated into c. I-14, s. 52.2).

1989, c. 36, s. 230.

231. (Amendment integrated into c. I-14, s. 58).

1989, c. 36, s. 231.

232. (Amendment integrated into c. I-14, s. 63).

1989, c. 36, s. 232.

233. (Amendment integrated into c. I-14, s. 65).

1989, c. 36, s. 233.

234. (Amendment integrated into c. I-14, s. 71).

1989, c. 36, s. 234.

235. (Amendment integrated into c. I-14, s. 72).

1989, c. 36, s. 235.

236. (Amendment integrated into c. I-14, s. 74).

1989, c. 36, s. 236.

237. (Omitted).

1989, c. 36, s. 237.

238. (Amendment integrated into c. I-14, s. 172.1).

1989, c. 36, s. 238.

239. (Amendment integrated into c. I-14, s. 177).

1989, c. 36, s. 239.

240. (Amendment integrated into c. I-14, s. 194.1).

1989, c. 36, s. 240.

241. (Amendment integrated into c. I-14, s. 293).

1989, c. 36, s. 241.

242. (Amendment integrated into c. I-14, ss.354.1.1-354.1.3).

1989, c. 36, s. 242.

243. (Amendment integrated into c. I-14, s. 396).

1989, c. 36, s. 243.

244. (Amendment integrated into c. I-14, s. 397).

1989, c. 36, s. 244.

245. (Amendment integrated into c. I-14, s. 399.4).

1989, c. 36, s. 245.

246. (Amendment integrated into c. I-14, s. 433).

1989, c. 36, s. 246.

247. (Amendment integrated into c. I-14, s. 498).

1989, c. 36, s. 247.

248. (Amendment integrated into c. I-14, ss. 535-537).

1989, c. 36, s. 248.

249. (Omitted).

1989, c. 36, s. 249.

250. (Amendment integrated into c. I-14, s. 543).

1989, c. 36, s. 250.

251. (Amendment integrated into c. I-14, s. 567).

1989, c. 36, s. 251.

252. (Amendment integrated into c. I-14, s. 567.1).

1989, c. 36, s. 252.

253. (Amendment integrated into c. I-14, s. 567.5).

1989, c. 36, s. 253.

254. (Amendment integrated into c. I-14, s. 567.6).

1989, c. 36, s. 254.

255. (Amendment integrated into c. I-14, s. 567.8).

1989, c. 36, s. 255.

256. (Amendment integrated into c. I-14, s. 567.12).

1989, c. 36, s. 256.

257. (Omitted).

1989, c. 36, s. 257.

258. (Amendment integrated into c. I-13.3, s. 85).

1989, c. 36, s. 258.

259. (Amendment integrated into c. I-13.3, s. 87).

1989, c. 36, s. 259.

260. (Amendment integrated into c. I-13.3, s. 127).

1989, c. 36, s. 260.

261. (Amendment integrated into c. I-13.3, s. 145).

1989, c. 36, s. 261.

262. (Amendment integrated into c. I-13.3, s. 146).

1989, c. 36, s. 262.

263. (Amendment integrated into c. I-13.3, s. 189).

1989, c. 36, s. 263.

264. (Amendment integrated into c. I-13.3, s. 191).

1989, c. 36, s. 264.

265. (Amendment integrated into c. I-13.3, s. 200).

1989, c. 36, s. 265.

266. (Amendment integrated into c. I-13.3, s. 311).

1989, c. 36, s. 266.

267. (Amendment integrated into c. I-13.3, s. 314).

1989, c. 36, s. 267.

268. (Amendment integrated into c. I-13.3, s. 390).

1989, c. 36, s. 268.

269. (Amendment integrated into c. I-13.3, s. 401).

1989, c. 36, s. 269.

270. (Amendment integrated into c. I-13.3, s. 485).

1989, c. 36, s. 270.

271. (Amendment integrated into c. I-13.3, s. 497).

1989, c. 36, s. 271.

272. (Amendment integrated into c. I-13.3, s. 498).

1989, c. 36, s. 272.

273. (Amendment integrated into c. I-13.3, s. 525).

1989, c. 36, s. 273.

274. (Omitted).

1989, c. 36, s. 274.

275. (Amendment integrated into c. I-13.3, s. 183).

1989, c. 36, s. 275.

276. (Amendment integrated into c. I-13.3, s. 200).

1989, c. 36, s. 276.

CHAPTER XV TRANSITIONAL AND FINAL PROVISIONS

277. The school commissioners and trustees in office on 1 July 1989 are deemed to have been elected or appointed under this Act. They shall remain in office until the third Sunday of November 1990.

The date of the next general election of commissioners is the third Sunday of November 1990.

Any vacancy occurring in any of the circumstances described in section 191 shall be filled in accordance with this Act.

1989, c. 36, s. 277.

278. In any Act, regulation, by-law, order, ordinance or other document, a reference to sections 48, 49 and 78 to 168 of the Education Act (chapter I-14) is deemed to be a reference to the equivalent provision of this Act.

1989, c. 36, s. 278.

279. (Omitted).

1989, c. 36, s. 279; 1990, c. 35, s. 16.

280. The rights, powers and obligations conferred by this Act on the returning officer shall be exercised or assumed by the secretary-general of a school board which is not required to appoint a director general.

1989, c. 36, s. 280.

281. The Minister of Education is responsible for the carrying out of this Act.

1989, c. 36, s. 281; 1993, c. 51, s. 72; 1994, c. 16, s. 50.

282. Sections 65, 66 and 67.1 to 70 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) do not apply to the collection, keeping and use of personal information necessary for the preparation of the list of electors.

Notwithstanding section 71 of the said Act, no public body may file in an information file the personal information contained in the list of electors.

Notwithstanding section 89 of the said Act, no person may request that personal information contained in the list of electors be corrected otherwise than as provided by this Act.

Notwithstanding section 9 of the said Act, no access may be had to ballots except as provided by this Act.

The information contained in the list of electors is not public information within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1).

1989, c. 36, s. 282; 1995, c. 23, s. 82.

282.1. No person may use, communicate or allow to be communicated, for purposes other than those provided for in this Act or in the Education Act (chapter I-13.3), or communicate or allow to be communicated to a person not legally entitled thereto, any information contained in a list of electors.

However, a school board may, in the exercise of its powers, use information contained in a list referred to in the first paragraph provided that it takes adequate steps to ensure the confidentiality of nominative information.

1995, c. 23, s. 83.

283. The provisions of this Act that grant rights and privileges to a religious confession apply despite sections 3 and 10 of the Charter of human rights and freedoms (chapter C-12).

1989, c. 36, s. 283.

284. The provisions of this Act which grant rights and privileges to a religious confession shall operate notwithstanding the provisions of paragraph a of section 2 and section 15 of the Constitution Act, 1982 (Schedule B to the Canada Act, chapter 11 in the 1982 volume of the Acts of Parliament of the United Kingdom).

1989, c. 36, s. 284; 1994, c. 11, s. 1.

285. (Omitted).

1989, c. 36, s. 285.

SCHEDULE I

(Section 99)

BALLOT PAPER

OBVERSE

*****o*****o********************************************
*****o*****o********************************************
*****o*****o********************************************
*****o*****o******************** Michel FORTIN ***   ***
*****o*****o**************************************   ***
*****o*****o********************************************
*****o*****o********************************************
*****o*****o******************* Simon LAPOINTE ***   ***
*****o*****o**************************************   ***
*****o*****o********************************************
*****o*****o********************************************
*****o*****o***************** Danièle MONTMINY ***   ***
*****o*****o**************************************   ***
*****o*****o********************************************
*****o*****o********************************************
*****o*****o********************************************


REVERSE

************************************
*                                  *
*        No                        *
*                                  *
oooooooooooooooooooooooooooooooooooo
*                                  *
*        No                        *
*                                  *
oooooooooooooooooooooooooooooooooooo
*                                  *
*                                  *
*        SCHOOL BOARD OF           *
*                                  *
*                                  *
*                                  *
*                                  *
*   ----------------------------   *
*   Returning officer’s initials   *
*                                  *
*                                  *
*   Electoral division of:         *
*                                  *
*                                  *
*                                  *
*                                  *
*   Date:                          *
*                                  *
*                                  *
*   Printer:                       *
*                                  *
*                                  *
************************************

1989, c. 36, Schedule I.

SCHEDULE II

(Section 117)

POLL BOOK

                                                  /  ..........
                                  Voter’s number  /      No    

               /  .............................................
Name of voter  /

Poll Book

 .                     .                                     ..
 .                     .              Occupation             ..
 ..............................................................
 .                     .                                     ..
 .                     .               Address               ..
 ..............................................................
 .                     .                                     ..
 .                     .  Ballots not bearing the initials   ..
 .                     .  of the deputy returning officer    ..
 ..............................................................
 .                     .                                     ..
 .                     .               Objections            ..
 ..............................................................
 .                     .                                     ..
 .                     .                Oath or              ..
 .                     .           affirmation made          ..
 ..............................................................
 .                     .                                     ..
 .                     .               Oath or               ..
 .                     .         affirmation refused         ..
 ..............................................................
 .                     .                                     ..
 .                     .             Votes given             ..
 ..............................................................
 .                     .                                     ..
 .                     .               Ballots               ..
 .                     .        spoiled or cancelled         ..
 ..............................................................
 .                     .                                     ..
 .                     .         Voted after another         ..
 .                     .          voted in his name          ..
 ..............................................................
 .                     .                                     ..
 .                     .         Voted with written          ..
 .                     . authorization of returning officer  ..
 ..............................................................
 .                     .                                     ..
 .                     .          Ballot prepared            ..
 .                     .          with assistance            ..
 ..............................................................
 .                     .                                     ..
 .                     .              Remarks                ..
 .                     .                                     ..

1989, c. 36, Schedule II.

SCHEDULE III

(Section 137)

STATEMENT OF POLL

School board of ...............................................

Electoral division of .........................................

                                 Polling station No. ..........

---------------------------------------------------.-----.-----
Number of ballot papers received from the          .     .
  returning officer .............................  .     . ....
                                                   .     .
Number of ballot papers cast for ................  . ... .
                    (Name of the first candidate)  .     .
                                                   .     .
Number of ballot papers cast for ................  . ... .
                   (Name of the second candidate)  .     .
                                                   .     .
Number of ballot papers cast for ................  . ... .
                    (Name of the third candidate)  .     .
                                                   .     .
Number of ballot papers cast for ................  . ... .
                   (Name of the fourth candidate)  .     .
                                                   .     .
Number of ballot papers spoiled (not placed in     .     .
  the box) ......................................  . ... .
                                                   .     .
Number of ballot papers rejected in counting the   .     .
  votes .........................................  . ... .
                                                   .     .
Number of ballot papers not used ................  . ... .
                                                   .-----.-----
                                                   .     .
Totals ..........................................  . ... . ....
---------------------------------------------------------------
  Given under my hand, at ....................................,
this ................................................... 19....

                                   ............................
                                     Deputy Returning Officer

1989, c. 36, Schedule III.

REPEAL SCHEDULES

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 36 of the statutes of 1989, in force on 1 March 1990, is repealed, except sections 279 and 285, effective from the coming into force of chapter E-2.3 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), paragraph 4 of section 12 of chapter 36 of the statutes of 1989, in force on 1 September 1990, is repealed effective from the coming into force of the updating to 1 September 1990 of chapter E-2.3 of the Revised Statutes.