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C-64.1 - Referendum Act
Schedule
Disposition versions
APPENDIX 2
(Sections 44, 45)
PROVISIONS APPLICABLE TO THE HOLDING OF A REFERENDUM
ELECTION ACT (chapter E-3.3)
SECTIONS AMENDMENTS
1 Replace the words “Referendum Act (chapter
C-64.1)” in subparagraph 5 of the first
paragraph by the words “Election Act (chapter
E-3.3)”.
2
3 Replace the fourth paragraph by the following:
“An elector who is a Member of the National Assembly
representing an electoral division other than the
electoral division in which he is domiciled may be
considered to be domiciled either in the polling
subdivision of his domicile or in the polling
subdivision where the main office he uses as a
Member of the National Assembly in the electoral
division he represents is situated.”
Replace the words “an election period” in
the fifth paragraph by the words “a referendum
period”.
4
46 Replace the first paragraph by the following
paragraph:
“46. An official agent may resign by sending a
written notice to that effect to the chairman of the
national committee.”
Replace the words “Within 30 days of resigning, the
official representative shall file with the party,
the party authority, the independent Member or the
independent candidate” in the second paragraph by
the words “Within 30 days of resigning, the
official agent shall file with the national
committee”, and the words “financial
report” by the words “return of
regulated expenses”.
Replace the words “an authorized entity no longer has
an official representative, another official
representative” in the third paragraph by the words
“a national committee no longer has an official
agent, another official agent”.
Replace the words “official representative or of a
delegate” in the fourth paragraph by the words
“official agent”.
60 Replace the section by the following section:
“60. The official agent of a national committee is
authorized to solicit and collect contributions until
polling day.
After polling day, the official agent is authorized
to solicit and collect contributions only for the
purpose of paying the debts arising from his
regulated expenses and to dispose, in accordance with
the second paragraph of section 441, of the sums and
property derived from his referendum fund.”
66 Replace the section by the following section:
“66. Where the chairman of a national committee
resigns, he shall so notify the chief electoral
officer in writing without delay.”
87 Strike out the second paragraph.
88 Replace the first paragraph by the following
paragraph:
“88. Sums of money donated to a national committee
and services rendered and goods furnished to it for
the purposes of promoting an option submitted to a
referendum are contributions.”
Strike out subparagraphs 2 and 3 of the second
paragraph.
Replace subparagraph 4 of the second paragraph by
the following subparagraph:
“(4) a loan granted to a national committee at the
current market rate of interest at the time it is
granted by an authorized political party;”.
Strike out subparagraphs 5 and 6 of the second
paragraph.
Replace subparagraph 7 of the second paragraph by the
following subparagraph:
“(7) air time on the radio or television or space in
the newspaper, periodical or other printed matter
available free of charge to national committees by
any radio, television or cable broadcaster or any
owner of a newspaper, periodical or other printed
matter, provided he offers such service equitably as
to quality and quantity to each national committee;”.
Replace subparagraph 8 of the second paragraph by
the following subparagraph:
“(8) transfers of funds between:
(a) an authorized party and the referendum fund of
a national committee;
(b) the referendum fund of a national committee and
the referendum fund put at the disposal of a local
agent.”
90
91 Replace the first paragraph by the following
paragraph:
“91. The total of contributions to each national
committee by the same elector in the same referendum
shall not exceed the amount of $3,000.”
Replace the words “an authorized entity” in
the second paragraph by the words “a national
committee”.
92 Replace the first paragraph by the following
paragraph:
“92. Contributions shall not be solicited except
under the responsibility of the official agent of a
national committee, or except through persons
designated in writing by the official agent.”
Replace the word “representative” in the second
paragraph by the word “agent”.
93 Replace the words “representative of the authorized
entity” by the words “agent of the national
committee”.
94 Replace the section by the following section:
“94. The local agent has, for the electoral division
for which he is appointed, the powers conferred on
the official agent of the national committee by
sections 92, 93 and 96.”
95 Replace “official representative of the authorized
entity” by
“official agent of the national committee”.
96 Replace the word “representative” by the word
“agent”.
97 Replace the words “authorized entity” by
the words “national committee”.
98 Replace the words “authorized entity” by the
words “national committee”.
99 Replace the words “authorized entity” by the
words “official agent”.
100
104 Replace the words “representative of an authorized
entity” by the words “agent of a national
committee”.
105 Add, after the second paragraph, the following
paragraph:
“The principal of, and interest on, every loan must
be paid before the return of the regulated expenses
is sent.”
131
132 Replace the words “party authority at the level
of the electoral division” in the first paragraph
by the words “authority, at the level of the
electoral division, of an authorized party represented
in the National Assembly”.
133 Replace the words “an election” by the words
“a referendum”.
134 Replace the words “political parties and independent
candidates” by the words “national
committees”, and the words “election expenses”
by the words “regulated expenses”.
135 Replace the words “particulars that will be contained
in” in the fourth and fifth lines by the words
“question that will appear on”.
135.1
136
137 Replace “an election period” in the second
paragraph by “a referendum period”.
138
to
144
145 Replace the words “an election” in the first
paragraph by the words “a referendum”.
146 Replace the section by the following section:
“146. Not later than the twenty-seventh day
preceding polling day, the returning officer shall
transmit to each official delegate the list of
electors for the electoral division, the list of
electors entitled to exercise their right to vote
outside Québec for the division and the list
of addresses for which no electors’ names are entered.
The lists shall be transmitted in computer form and in
duplicate copies.
The chief electoral officer shall transmit the lists
in computer form to the national committees.
For the purposes of this Act, “official delegate”
means a person appointed as such by the chairman of a
national committee to represent him in an electoral
division.
147 Replace the word “election” in the first
paragraph by the word “referendum”.
Replace the word “parties” in the second
paragraph by the words “national committees”.
179
to
181
182 Replace the section by the following section:
“182. The returning officer shall inform the chief
electoral officer, the national committees and each
official delegate of the places selected.”
182.1
183
184 Replace the section by the following section:
“184. The returning officer shall appoint two
revisors not later than Wednesday of the fourth
week preceding that of the polling.
The first revisor shall be appointed on the
recommendation of the official delegate of the
national committee which has the greatest number of
Members of the National Assembly.
The second revisor shall be appointed on the
recommendation of the official delegate of the
national committee which has the second greatest
number of Members of the National Assembly.”
186 Strike out the first paragraph.
187 Replace the words “parties represented in the
National Assembly” by the words “national
committees referred to in section 184”.
188 Replace the section by the following section:
“188. The revisor recommended by the national
committee to which the greatest number of
Members of the National Assembly belong shall act as
vice-chairman of the board of revisors.”
189 Replace the section by the following section:
“189. The returning officer shall post, in his
office, the list of revisors appointed to each board
of revisors and shall transmit it to the chief
electoral officer, the national committees and each
official delegate.”
190
to
196
198.1
to
213
214 Replace the word “election” in the third
paragraph by the word “referendum”.
215
to
217
218 Replace “candidate” in the first and second
paragraphs by “official delegate”.
Replace “to the authorized parties represented in the
National Assembly and to any other authorized party having
so requested” in the fourth paragraph by “to
each national committee”.
227
to
231.1
231.2 Replace the word “candidate” in the second
paragraph by the words “official delegate”.
231.2.1 Replace “to the authorized parties represented in
the National Assembly and to any other authorized party
having so requested ” by “to each national
committee”.
231.3
to
231.13
231.14 Replace “candidate” in the second
paragraph by “official delegate”.
233 Replace the word “election” by the word
“referendum”.
248 Replace the first and second paragraphs by the
following paragraphs:
“248. Every employer shall, upon written request,
grant a leave without pay to an employee who acts as
the chairman of a national committee or as an
official delegate. The request may be made at any
time from the date of the writ instituting the
holding of a referendum.
The employee’s leave begins on the day requested by
the employee and ends on the thirtieth day following
polling day.”
249 Replace the first, second and third paragraphs by the
following paragraphs:
“249. Every employer shall, upon written request,
grant a leave without pay to an employee who acts as
the official agent of a national committee. The
request may be made at any time from the date of the
writ instituting the holding of a referendum.
The employee’s leave begins on the day requested by
the employee and ends on the ninetieth day following
polling day.”
250
251 Replace the words “a candidate or” by the words
“the chairman of a national committee, an official
delegate or an”.
252
to
255
259.1 Replace the word “election” by the word
“referendum” and the words “an
election” by the words “a referendum”.
259.2 Replace the word “Election” in the first and
second paragraphs by the word “Referendum”.
259.3 Replace the word “Election” by the word
“Referendum”.
259.4 Replace the word “election” by the word
“referendum”.
259.5 Replace the word “election” in the first and
second paragraphs by the word “referendum”.
259.6
259.7 Replace “Election” in the first paragraph
by “Referendum”.
Replace “candidate or, where applicable,
the authorized party” in the third paragraph
by “official delegate”, and
“election” in that paragraph by
“referendum”.
259.8 Replace the word “election” in the first
paragraph by the word “referendum”.
Replace the words “party or candidate concerned” in
the first paragraph by the words “national committee
concerned”.
Replace the words “party, candidate” in the second
paragraph by the words “national committee”.
259.9 Replace the words “The party, candidate” by the
words “The national committee”.
260 Replace the section by the following section:
“260. Upon receipt of a copy of the writ, the
returning officer shall publish a notice of poll.
The notice of poll shall set forth
(1) the text of the question put to the electors;
(2) the days and hours of polling at advance polling
stations;
(3) the day and hours of polling at polling stations;
(4) the name of every national committee and, for
each of them, the name of the chairman and of
the official agent, and, for the
division, the given name and surname of the official
delegate and of the local agent.”
261 Replace the words “candidate or his mandatary”
by the words “official delegate”.
262 Replace the words “candidate and each authorized
party authority at the level of the electoral
division” in the first paragraph by the words
“official delegate”.
262.1
263 Replace the figure “317” by the figures
“310, 312 to 317”.
264
265
268
269
270 Replace the words “the candidates” by the
words “each official delegate”.
272
273 Replace the words “general election” in the first
paragraph by the word “referendum”.
Replace the words “of his domicile” in the third
paragraph by the words “where the house of detention
is situated”.
274 Replace the words “chief electoral officer” in the
third paragraph by the words “returning officer of
the electoral division concerned”.
Add, after the third paragraph, the following paragraph:
“The returning officer shall ensure that the list
remains confidential.”
275
276 Replace the words “authorized party” by the words
“official delegate of a national committee”.
278 Replace the section by the following section:
“278. The returning officer referred to in section
275 shall give the deputy returning officer a sealed
ballot box containing the ballot papers, the list of
electors of the house of detention, the poll book and
the materials required for the poll. He shall also
give him directives on the work of the polling
officers.”
279
280 Strike out the second paragraph.
282 Replace the section by the following section:
“282. The counting of the votes shall be effected
in accordance with section 272.”
286
to
289
290 Replace the word “candidates” by the words
“official delegates”.
291
to
293.4
293.5 Strike out the words “and a list of the places where
the elector may consult the list of candidates” in
the first paragraph.
Strike out the words “be in the form prescribed by
Schedule IV and shall” in the second paragraph.
296
to
299
300 Replace the section by the following section:
“300. The counting of the votes of electors outside
Québec shall be proceeded with in accordance with
section 272, adapted as required.
However, the counting shall be proceeded with at the
place and time fixed by the chief electoral officer.
The deputy returning officer shall, for each
electoral division, draw up a statement of votes and
an abstract from such statement that he shall deliver
to the chief electoral officer or the person
designated by him, together with the ballot box.
The chief electoral officer shall forthwith
communicate the results to each returning officer
concerned and transmit to him the abstract from the
statement of votes which concerns him.”
302 Replace the word “candidate” in the fifth
paragraph by the words “official delegate”.
303
to
305
306 Replace the words “an election” in the first
paragraph by the words “a referendum”.
307
to
309
310 Replace the section by the following section:
“310. In every polling station, the returning
officer shall appoint, as deputy returning officer,
the person recommended by the official delegate of
the national committee which has the greatest number
of Members in the National Assembly.
He shall appoint, as poll clerk, the person
recommended by the official delegate of the national
committee which has the second greatest number of
Members in the National Assembly.
Where the two national committees have an equal
number of Members in the National Assembly, the
chief electoral officer shall determine, by a drawing
of lots, which committee is deemed to have the
greatest number of Members or, as the case may be,
the second greatest number of Members in the National
Assembly.”
310.1 Replace the section by the following section:
“310.1. For every polling station, the returning
officer shall appoint two persons to act as officers
assigned to the list of electors, respectively recommended
by the official delegate of a national committee.”
312
312.1
313 Replace the word “candidate” in the first
paragraph by the words “official delegate”.
Replace the word “candidates” in the second
paragraph by the words “official delegates”.
314
315
315.1
316 Replace the section by the following section:
“316. The official delegate of each national
committee may designate a person and give him a power
of attorney to represent the national committee
before the deputy returning officer or the officer in
charge of information and order, or before each of
them.”
317 Replace the words “candidate or his mandatary” by
the words “official delegate”.
318 Replace the words “A candidate” by the
words “The official delegate of each national
committee”.
319 Replace the words “candidate or his mandatary”
by the words “official delegate”.
320 Strike out the words “in accordance with the model
provided in Schedule III and” in the first paragraph.
321
to
323
324 Replace the section by the following section:
“324. The ballot paper must contain on the obverse
a space specially reserved for the wording of the
question.”
325
to
327
328 Replace the word “candidates” in the second
paragraph by the words “national committees”.
329
to
333
334 Replace the words “candidates and their mandataries”
by the words “chairmen of national committees and
their official delegates”.
335
to
341
342 Replace the word “candidate” by the words
“national committee”.
343
to
347
348 Replace the words “then indicate to him the order in
which the candidates appear on the ballot paper and
the indications entered under their names, where such
is the case” by the words “read the question and
indicate to him the order in which the options appear
on the ballot paper”.
349
350 Replace the word “candidate” in the first paragraph
by the words “national committee”.
Replace the word “election” in subparagraph 8 of the
first paragraph by the word “referendum”, the words
“a candidate” in subparagraph 4 of the first
paragraph by the words “an option” and the word
“election” in subparagraph 5 of the first paragraph
by the word “referendum”.
351
352 Strike out the word “political” in the first
paragraph and replace the words “a party or
candidate” in the first paragraph by the
words “an option submitted to a referendum”.
Replace the words “party or candidate promoted by
the publicity” in the second paragraph by the words
“national committee concerned”.
353
to
355
356 Replace the section by the following section:
“356. No elector may, on the premises of a polling
station, indicate, in any manner, the option in
favour of which he intends to vote or has voted.”
357 Replace the section by the following section:
“357. No official delegate, representative or
election officer may, on the premises of a polling
station, attempt to learn the option in favour of
which an elector intends to vote or has voted.”
358 Replace the section by the following section:
“358. No official delegate, election
officer or elector who has given assistance to
another elector may disclose the option for which
the elector has voted.”
359 Replace the word “whom” by the words
“which option”.
360 Replace the word “candidate” by the words
“official delegate”.
361
to
363
364 Replace the word “candidate” in subparagraph 4
of the second paragraph by the word “option”
and the words “a person who is not a candidate”
in subparagraph 5 of the second paragraph by the words
“an option which is not one of the options
submitted to the referendum”.
365
366 Replace the words “a candidate or the representative
of a candidate” by the words “an official
delegate or his representative”.
366.1
367 Replace the word “candidate” in the first
paragraph by the word “option”.
368 Replace the word “candidate” by the words
“official delegate”.
369
370
371 Replace the words “candidate or his mandatary”
in the first paragraph by the words “official
delegate”.
Replace the words “candidate, mandatary” in the
second paragraph by the words “official delegate”.
372 Replace the word “candidate” in the first
paragraph by the word “option”.
Replace the figure “285” in the second
paragraph by the figure “300”.
373
374
375 Replace the words “declare elected the candidate
who” in the first paragraph by the words
“announce the option which”.
377 Replace the words “declare elected the candidate
who” and the word “candidate” in the
first paragraph by the words “issue a declaration
indicating the option which” and the words
“official delegate”, respectively.
378 Replace the word “election” in the first
paragraph by the word “referendum”.
379 Replace the word “election”
by the word “referendum”.
380 Replace the section by the following section:
“380. The chief electoral officer shall, as soon
as possible, publish a notice in the Gazette officielle
du Québec indicating, for each electoral division,
the number of votes for each of the options
appearing on the ballot paper.”
381 Replace the word “election” which appears twice
in the first paragraph by the word “referendum”.
401 Replace the section by the following section:
“401. For the purposes of sections 403, 415, 416,
417 and 421, the expression “regulated expenses”
includes expenses referred to in paragraph 10 of
section 404 and the expression “official agent”
includes a private intervenor within the meaning of
Division V if the private intervenor is an elector,
and a representative of a private intervenor if the
private intervenor is a group of electors.”
402 Replace the section by the following section:
“402. The cost of any goods or services used during
the referendum period to promote or oppose, directly
or indirectly, an option submitted to a referendum is
a regulated expense.”
403 Replace the words “an election period” by
the words “a referendum period”, the words
“an election expense” by the words “a
regulated expense” and the words “election
period” by the words “referendum period”.
404 Replace the section by the following section:
“404. The following are not regulated expenses:
(1) the cost of publishing articles, editorials,
news, interviews, columns or letters to the editor in
a newspaper, periodical or other publication,
provided that they are published without payment,
reward or promise of payment or reward, that the
newspaper, periodical or other publication is not
established for the purposes or in view of the
referendum and that the circulation and frequency of
publication are as what obtains outside the
referendum period;
(2) the cost at fair market value of producing,
promoting and distributing a book that was planned to
be put on sale at the prevailing market price
regardless of the issue of the writ;
(3) the cost of broadcasting by a radio or television
station of a program of public affairs, news or
commentary, provided that the program is broadcast
without payment, reward or promise of payment or
reward;
(4) the reasonable expenses incurred by a person, out
of his own money, for meals and lodging while
travelling for referendum purposes, if the expenses
are not reimbursed to him;
(5) the transportation costs of a person, paid out of
his own money, if the costs are not reimbursed to
him;
(5.1) the cost of the food and beverages served at a
political activity where the cost is included in the
entrance fee paid by participants;
(6) the reasonable expenses incurred for the
publication of explanatory commentaries on this Act
and the regulations thereunder, provided the
commentaries are strictly objective and contain no
publicity of such a nature as to favour or oppose an
option submitted to a referendum;
(7) the reasonable ordinary expenses incurred for the
day-to-day operations of not more than two permanent
offices of an authorized party the addresses of which
are entered in the registers of the chief electoral
officer;
(8) interest accrued from the beginning of the
referendum period to the day occurring 90 days after
polling day, on any loan lawfully granted to an
official agent for regulated expenses, unless the
official agent has paid them and declared them as
regulated expenses in his return of regulated expenses;
(9) the expenses incurred for the holding of
meetings, the total of which does not exceed $600
for the entire referendum period, including the
renting of halls and the convening of participants,
provided the meetings are not directly or
indirectly organized on behalf of a national
committee;
(10) the publicity expenses, the total of which
does not exceed $1,000 for the entire referendum
period, incurred by a neutral intervenor authorized
under Division V, without directly promoting or
opposing an option, to advocate abstention or the
spoiling of ballots;
(11) the remuneration paid to a representative referred
to in section 316.
For the purposes of subparagraph 7 of the first
paragraph, the permanent office of an authorized
party is the office where the employees of the party
or of a body associated with it for the purpose of
attaining its objects and recognized by the leader of
the party for such a purpose by a letter addressed to
the chief electoral officer before the seventh day
following the issue of the writ, work on a permanent
basis, outside the referendum period, at ensuring the
dissemination of the party’s political program and
coordinating the political action of the party
members.”
405 Replace the words “election expenses, an authorized
party” in the first paragraph by the words
“regulated expenses, a national committee”.
Replace the second paragraph by the following
paragraph:
“The official agent shall be appointed by the
chairman of the national committee who shall notify
it to the chief electoral officer.”
Replace the words “leader of a party” in the
third paragraph by the words “chairman of the
national committee”.
Replace the words “a party” in the fourth
paragraph by the words “a national committee”.
406 Replace the section by the following section:
“406. Only one official agent is appointed for
each national committee.
However, the official agent may, with the approval of
the chairman of the national committee, appoint the
required number of deputies and, for each electoral
division, a local agent. He shall notify the chief
electoral officer and the returning officer thereof
in writing.
The official agent may authorize them to incur or
authorize regulated expenses up to the amount he
fixes in their deeds of appointment. The amount may
be changed at any time, in writing, by the official
agent before he files his return of regulated
expenses.
Any regulated expense incurred by the deputy of the
official agent or by a local agent is deemed to be
incurred by the official agent up to the amount fixed
in the deed of appointment.
The deputy and the local agent shall provide the
official agent of the national committee with a
detailed statement of expenses incurred or authorized
by them.”
407 Replace the first paragraph by the following
paragraph:
“407. An official agent or local agent may, in
writing, authorize an advertising agency to incur or
order regulated expenses up to the amount he fixes
in the authorization. That amount may be changed, by
the official agent or the local agent, as the case
may be, in writing, at any time before he files his
return of regulated expenses.”
Insert the words “or the local agent, as the case
may be” after the word “agent” in the
second paragraph.
410 Replace the section by the following section:
“410. If the official agent dismisses a local agent,
he shall notify it in writing to the returning
officer. He may appoint another local agent.”
411 Replace the words “an official agent” in the
first paragraph by the words “a local agent”.
Replace the words “an official agent” and the
words “candidate or his mandatary” in the
second paragraph by the words “a local agent”
and the words “official delegate”, respectively.
412 Replace the section by the following section:
“412. No person may act as the official agent of a
national committee, his deputy or a local agent
unless he is qualified to vote.”
413 Replace the section by the following section:
“413. During a referendum period, only the official
agent of a national committee, his deputy or a local
agent may incur or authorize regulated expenses.
However, a non-affiliated elector authorized under
Division V may incur regulated publicity expenses
provided that the total of the expenses for the
entire referendum period does not exceed $1,000.”
414 Replace the section by the following section:
“414. An official agent, his deputy or a local
agent shall pay the cost of regulated expenses only
out of a referendum fund.”
415 Replace the section by the following section:
“415. No goods or services whose cost is wholly or
partly a regulated expense contemplated in section
403 may be used during a referendum period except by
the official agent of a national committee, his
deputy or a local agent, or with his authorization.”
416 Replace the section by the following section:
“416. No person may accept or execute an order for
regulated expenses not given or authorized by the
official agent of a national committee, his deputy,
a local agent or authorized advertising agency.”
417 Replace the words “an election expense”
and “election period” in the first paragraph
by the words “a regulated expense” and
“referendum period”, respectively.
421 Replace the words “an election” in the first
paragraph by the words “a referendum”.
Replace the words “or deputy” in the first,
second and third paragraphs by the words “, deputy
or local agent”.
421.1 Replace the second paragraph by the following
paragraph:
“Where the cost of the writing, object, material,
advertisement or publicity referred to in section
421 exceeds $1,000, the printer, manufacturer,
owner or radio or television broadcaster may only
mention or, as the case may be, indicate as the
person having caused the writing, object, material,
advertisement or publicity to be produced, published
or broadcast the name and title of the official agent
or deputy official agent of a national committee or
of the local agent of the official agent.”
422 Replace the words “the official agents of several
candidates”, the word “official”, and the
word “party” by the words “several local
agents”, the word “local” and the words
“national committee”, respectively.
424 Replace the words “an election expense” in the
first paragraph by the words “a regulated expense”.
425 Replace the first and second paragraphs by the
following paragraphs:
“425. Every person to whom an amount is due for
regulated expenses, other than expenses incurred by
a non-affiliated elector, shall present his claim to
the official agent or the local agent not later than
60 days after polling day. In no case may the
regulated expenses be paid by the official agent or
the local agent if the claim is presented to him
after that period has expired.
Where the official agent or local agent has died or
resigned and has not been replaced, the claim shall
be presented within the same time to the chairman of
the national committee or to the official agent, as
the case may be.”
426 Replace the section by the following section:
“426. Regulated expenses shall be limited so as
never to exceed for a national committee, during one
referendum, $1 per elector for all the electoral
divisions.
However, the national committee that represents the
option for which the fewest non-affiliated electors
have been authorized under section 457.6 to incur
regulated expenses may spend an additional amount to
50% of the difference between the expenses that
authorized non-affiliated electors favourable to one
option may incur and the expenses that may be
incurred by those favourable to the other option.
The amount is established by the chief electoral
officer who shall draw up a certificate and transmit
a copy to the chairman and the official agent of
each national committee not later than the tenth day
preceding polling day.”
427 Replace the section by the following section:
“427. For the purposes of section 426, the number
of electors is the greater of the number of electors
whose names are entered on the list of electors
produced upon the issue of a writ instituting a
referendum and the number of electors whose names
are entered on the list following revision.
The number is established by the chief electoral
officer who shall draw up a certificate thereof and
send a copy of the certificate to the chairman and
the official agent of each national committee.”
429 Replace the word “election” in the first
paragraph by the word “referendum”.
Strike out the second paragraph.
429.1 Replace the word “election” by the word
“referendum”.
430
431
434 Replace the first paragraph by the following
paragraph:
“434. The official agent of each national committee
and, through him, each local agent he has appointed
shall, within 90 days after polling day, deliver to
the chief electoral officer a return of the regulated
expenses incurred or authorized by them.”
Insert, after the second paragraph, the following
paragraph:
“The return must, in addition, indicate the name,
the complete address of the domicile of, and the amount
paid by, each elector whose total contribution to a
national committee exceeds $200.”
435 Replace the word “election” and the words
and figure “sections 432 and” by the word
“regulated” and the word “section”,
respectively.
436 Replace the words “sections 432 and” in the
first paragraph by the word “section”.
Replace the words “leader of the party or to the
candidates if they so request” in the second
paragraph by the words “chairman of the national
committee if he so requests”.
437 Replace the section by the following section:
“437. In addition to regulated expenses, the
official agent and the local agent must indicate in
the returns prescribed in section 434 the source of
the sums paid into the referendum fund put at their
disposal.
They must also indicate
(1) the financial institutions with which the sums
collected by the national committee have been
deposited and the account numbers used;
(2) the total amount of contributions of $200 or
less;
(3) the total amount of contributions of over $200;
(4) the total of the amounts transferred or loaned by
the official representative of an authorized party.”
438 Replace the words and figure “sections 432 and”
in the first paragraph by the word “section”.
Replace the word “election” in the second
paragraph by the word “referendum”.
439
440 Replace the second paragraph by the following
paragraph:
“If the claim is not contested by the official agent,
he shall forward to the chief electoral officer the
necessary additional sum, out of his referendum fund,
to enable him to discharge the claim.”
441 Replace the section by the following section:
“441. On filing the return prescribed by section
434, the official agent of a national committee shall
keep the remaining sums or goods in his referendum
fund.
The sums and goods may be used only for political,
religious, scientific or charitable purposes.”
443 Replace the words “the candidate or party leader”
in the second paragraph by the words “the chairman or
official agent of the national committee”.
444 Replace the words “a candidate or party leader”
by the words “the chairman or official agent of a
national committee”.
Strike out the figure and word “432 or”.
445 Replace the section by the following section:
“445. Before filing the return and declaration
prescribed in section 434, an official agent and a
local agent must have discharged all the claims
received within the period prescribed in section 425
unless they contest them and indicate them as
contested.
In no case may the official agent, the local agent or
the national committee pay a claim so contested.
Only the official agent may pay the claim in
execution of a judgment of a competent tribunal in
favour of the creditor after the hearing of the case
and not upon an acquiescence in the demand or an
agreement of settlement.
The chief electoral officer may, if no national
committee objects, authorize the official agent of a
national committee to pay a contested claim if the
refusal or failure to pay results from bona fide
error.”
446 Insert the words “or local agent” after
the word “agent”.
447 Replace the word “representative” and the
words “return of election expenses” by the
word “agent” and the words “returns of
regulated expenses”, respectively.
448 Replace the section by the following section:
“448. The judge having jurisdiction to decide an
application under sections 443 to 446 is the chief
judge of the Court of Québec.
No application under the first paragraph may be
heard without a notice of at least three clear days
to the chief electoral officer and to the chairman
of each national committee.”
457.2 Replace the section by the following section:
“457.2. Only an elector or a group not endowed
with legal personality and composed in the majority of
natural persons who are qualified electors may apply
for authorization as a neutral intervenor.
Only an elector who cannot join a national committee
may apply for authorization as a non-affiliated
elector.
Neutral intervenors and non-affiliated electors are
private intervenors.”
457.3 Replace subparagraphs 3 to 6 of the first paragraph
by the following subparagraphs:
(3) in the case of a neutral intervenor, state
briefly the purpose of the application and declare
that he does not intend to directly promote or
oppose either option;
(4) in the case of a non-affiliated elector,
indicate which option he intends to promote and
state briefly why he cannot join a national
committee;
(5) declare that he is not associated with and has
not contributed to either national committee;
(6) declare that he is not acting directly or
indirectly on behalf of either national committee;”.
Insert, at the beginning of subparagraph 7 of the
first paragraph, the following: “in the case of a
neutral intervenor,”.
457.4 Replace the words “any candidate or party” at
the end of subparagraph 5 of the first paragraph by the
words “either option”.
Replace subparagraph 6 of the first paragraph by the
following subparagraph:
“(6) state briefly the purpose of the application,”.
Replace the words “any candidate or party” at
the end of subparagraph 7 of the first paragraph by the
words “either national committee”.
Replace the words “a member of any party” at
the end of subparagraph 8 of the first paragraph by the
words “associated with and has not contributed to
either national committee”.
457.5
457.6
457.7 Replace the word “election” in the first
paragraph by the word “referendum”.
Replace the words “a candidate” in the second
paragraph by the words “an official delegate”.
457.8 Replace the section by the following section:
“457.8. Not later than the tenth day preceding
polling day, the returning officer shall transmit
to the national committees and to each official
delegate a list of the authorizations which have
been granted.
The list shall indicate the name of each private
intervenor, the name of the private intervenor’s
representative, if any, and the number and date of
the authorization. The list shall also indicate
whether the private intervenor is a neutral
intervenor or a non-affiliated elector and, in
the latter case, the option that the non-affiliated
elector intends to promote.”
457.9 Replace the words “an election” in the first
paragraph by the words “a referendum”.
457.10
457.11
457.12 Replace the section by the following section:
“457.12. A private intervenor who is an elector or
the representative of a private intervenor may not
join or contribute to a national committee during the
referendum period.”
457.13 Replace the section by the following section:
“457.13. A neutral intervenor may not incur
expenses that are not related to the purpose stated
in the application for authorization or that
directly promote or oppose either option.
A non-affiliated elector may not incur expenses that
do not promote the option indicated in the
application for authorization.”
457.14
to
457.16
457.17 Replace the figure “$25” in the
first paragraph by the figure “$60”.
457.18
to
457.20
457.21 Replace the words “a judge of the Court of
Québec” in the first paragraph by the words
“the Conseil du référendum”.
Replace the word “court” in the third
paragraph and the word “judge” in the
last paragraph by the word “council”.
485 Strike out the second, third and fourth paragraphs.
486
487 Replace the section by the following section:
“487. In respect of the financing of national
committees and the control of regulated expenses, he
shall, in particular,
(1) verify that the national committees, official
agents and their deputies and local agents are
complying with the provisions of the Act;
(2) receive and examine the return of regulated
expenses;
(3) inquire into the legality of contributions and
regulated expenses.”
488 Replace the words “political parties” in
paragraph 4 by the words “national committees”.
Replace, in paragraph 5, the words “political party”
by the words “national committee”, the word
“candidates” by the word “committees”
and the word “parties” by the words “national
committees”.
488.1 Replace the words “an election” in the first line
of the third paragraph by the words “a referendum”.
Replace the words “this Act” in the first
line of the third paragraph by the words “the
Referendum Act (chapter C-64.1)”.
Replace the word “election” in the last line
of the third paragraph by the word “referendum”.
489.1 Replace the words “authorized parties represented in
the National Assembly” by the words “national
committees” and strike out the words “, the
filing of nomination papers”.
490 Replace the words “election period or during an
enumeration or revision period” in the first
paragraph by the words “referendum period”.
Replace “authorized parties represented in the National
Assembly” by “national committees” and
“other authorized parties, the candidates” by
“official delegates”;
Strike out the words “or the end of the enumeration
or revision” in the third paragraph.
491
to
494
496 Strike out the first paragraph.
In the second paragraph, change in French; no change
necessary in English.
497
498
512
551
to
551.4
553 Replace the word “candidate” in paragraph 3
by the words “national committee”.
553.1 Replace the word “election” in paragraph 1
by the word “referendum”.
554 Replace the word “election” in paragraph 2
by the word “referendum”.
Strike out the words “of election”
in paragraph 3.
555
556 Strike out paragraph 4.
556.1 Replace the words “an election” in paragraphs
1 and 2 by the words “a referendum”.
557 Replace the word “election” by
the word “referendum”.
558 Replace the words “every candidate or every person
who later becomes a candidate” in subparagraph 1 of
the first paragraph by the words “every official
delegate”.
Replace the words “a candidate” in subparagraph
2 of the first paragraph by the words “an option”.
Replace the word “election” in subparagraph 1 of
the second paragraph by the word “regulated”.
Replace the words “the election of a candidate at
an election” in subparagraphs 1 and 2 of the second
paragraph by the words “an option submitted at a
referendum”.
559 Insert, after the word “agent”, the words
“or any local agent”.
Replace the word “election” in paragraph 1
by the word “regulated”.
559.1 Replace the words “an election” in paragraph
1 by the words “a regulated”.
560 Replace the words “candidate or party leader” by
the words “chairman or official delegate of a national
committee” and the word “election” by
the word “regulated”.
563 Replace the section by the following section:
“563. Every person who fails to file a report or
return of regulated expenses or the report referred
to in section 457.18 is liable to a fine of $50 for
each day of delay.”
564 Replace the first paragraph by the following paragraph :
“564. Every person who contravenes any of sections 66,
87, 90 to 93, 95 to 97, 99, 100, 104, 105, 410, 413 to 417,
421, 421.1, 422, 424, 429, 429.1, 457.9 and 457.11 to
457.17 is liable to a fine of $500 to $10,000.”
565
566
567 Strike out the following in the first paragraph: “,
in paragraph 4 of section 556”.
Replace the word “election” in the second paragraph
by the word “regulated” and insert after the word
“agent” the words “or the local agent”.
568 Strike out the second paragraph.
568.1
569 Replace the words “Such proceedings” in the second
paragraph by the words “Proceedings are instituted
before the Court of Québec. They”.
570 Replace the words “an election” in the first
paragraph by the words “a referendum”.
571
to
573
SCHEDULE II
Strike out “, 481, 499, 509, 529, 534”.
Replace “Election Act (chapter E-3.3)”
by “Referendum Act (chapter C-64.1)”.
1 Replace the words “Referendum Act (chapter
C-64.1)” in subparagraph 5 of the first
paragraph by the words “Election Act (chapter
E-3.3)”.
2
3 Replace the fourth paragraph by the following:
“An elector who is a Member of the National Assembly
representing an electoral division other than the
electoral division in which he is domiciled may be
considered to be domiciled either in the polling
subdivision of his domicile or in the polling
subdivision where the main office he uses as a
Member of the National Assembly in the electoral
division he represents is situated.”
Replace the words “an election period” in
the fifth paragraph by the words “a referendum
period”.
4
46 Replace the first paragraph by the following
paragraph:
“46. An official agent may resign by sending a
written notice to that effect to the chairman of the
national committee.”
Replace the words “Within 30 days of resigning, the
official representative shall file with the party,
the party authority, the independent Member or the
independent candidate” in the second paragraph by
the words “Within 30 days of resigning, the
official agent shall file with the national
committee”, and the words “financial
report” by the words “return of
regulated expenses”.
Replace the words “an authorized entity no longer has
an official representative, another official
representative” in the third paragraph by the words
“a national committee no longer has an official
agent, another official agent”.
Replace the words “official representative or of a
delegate” in the fourth paragraph by the words
“official agent”.
60 Replace the section by the following section:
“60. The official agent of a national committee is
authorized to solicit and collect contributions until
polling day.
After polling day, the official agent is authorized
to solicit and collect contributions only for the
purpose of paying the debts arising from his
regulated expenses and to dispose, in accordance with
the second paragraph of section 441, of the sums and
property derived from his referendum fund.”
66 Replace the section by the following section:
“66. Where the chairman of a national committee
resigns, he shall so notify the chief electoral
officer in writing without delay.”
87 Strike out the second paragraph.
88 Replace the first paragraph by the following
paragraph:
“88. Sums of money donated to a national committee
and services rendered and goods furnished to it for
the purposes of promoting an option submitted to a
referendum are contributions.”
Strike out subparagraphs 2 and 3 of the second
paragraph.
Replace subparagraph 4 of the second paragraph by
the following subparagraph:
“(4) a loan granted to a national committee at the
current market rate of interest at the time it is
granted by an authorized political party;”.
Strike out subparagraphs 5 and 6 of the second
paragraph.
Replace subparagraph 7 of the second paragraph by the
following subparagraph:
“(7) air time on the radio or television or space in
the newspaper, periodical or other printed matter
available free of charge to national committees by
any radio, television or cable broadcaster or any
owner of a newspaper, periodical or other printed
matter, provided he offers such service equitably as
to quality and quantity to each national committee;”.
Replace subparagraph 8 of the second paragraph by
the following subparagraph:
“(8) transfers of funds between:
(a) an authorized party and the referendum fund of
a national committee;
(b) the referendum fund of a national committee and
the referendum fund put at the disposal of a local
agent.”
90
91 Replace the first paragraph by the following
paragraph:
“91. The total of contributions to each national
committee by the same elector in the same referendum
shall not exceed the amount of $3,000.”
Replace the words “an authorized entity” in
the second paragraph by the words “a national
committee”.
92 Replace the first paragraph by the following
paragraph:
“92. Contributions shall not be solicited except
under the responsibility of the official agent of a
national committee, or except through persons
designated in writing by the official agent.”
Replace the word “representative” in the second
paragraph by the word “agent”.
93 Replace the words “representative of the authorized
entity” by the words “agent of the national
committee”.
94 Replace the section by the following section:
“94. The local agent has, for the electoral division
for which he is appointed, the powers conferred on
the official agent of the national committee by
sections 92, 93 and 96.”
95 Replace “official representative of the authorized
entity” by
“official agent of the national committee”.
96 Replace the word “representative” by the word
“agent”.
97 Replace the words “authorized entity” by
the words “national committee”.
98 Replace the words “authorized entity” by the
words “national committee”.
99 Replace the words “authorized entity” by the
words “official agent”.
100
104 Replace the words “representative of an authorized
entity” by the words “agent of a national
committee”.
105 Add, after the second paragraph, the following
paragraph:
“The principal of, and interest on, every loan must
be paid before the return of the regulated expenses
is sent.”
131
132 Replace the words “party authority at the level
of the electoral division” in the first paragraph
by the words “authority, at the level of the
electoral division, of an authorized party represented
in the National Assembly”.
133 Replace the words “an election” by the words
“a referendum”.
134 Replace the words “political parties and independent
candidates” by the words “national
committees”, and the words “election expenses”
by the words “regulated expenses”.
135 Replace the words “particulars that will be contained
in” in the fourth and fifth lines by the words
“question that will appear on”.
135.1
136
137 Replace “an election period” in the second
paragraph by “a referendum period”.
138
to
144
145 Replace the words “an election” in the first
paragraph by the words “a referendum”.
146 Replace the section by the following section:
“146. Not later than the twenty-seventh day
preceding polling day, the returning officer shall
transmit to each official delegate the list of
electors for the electoral division, the list of
electors entitled to exercise their right to vote
outside Québec for the division and the list
of addresses for which no electors’ names are entered.
The lists shall be transmitted in computer form and in
duplicate copies.
The chief electoral officer shall transmit the lists
in computer form to the national committees.
For the purposes of this Act, “official delegate”
means a person appointed as such by the chairman of a
national committee to represent him in an electoral
division.
147 Replace the word “election” in the first
paragraph by the word “referendum”.
Replace the word “parties” in the second
paragraph by the words “national committees”.
179
to
181
182 Replace the section by the following section:
“182. The returning officer shall inform the chief
electoral officer, the national committees and each
official delegate of the places selected.”
182.1
183
184 Replace the section by the following section:
“184. The returning officer shall appoint two
revisors not later than Wednesday of the fourth
week preceding that of the polling.
The first revisor shall be appointed on the
recommendation of the official delegate of the
national committee which has the greatest number of
Members of the National Assembly.
The second revisor shall be appointed on the
recommendation of the official delegate of the
national committee which has the second greatest
number of Members of the National Assembly.”
186 Strike out the first paragraph.
187 Replace the words “parties represented in the
National Assembly” by the words “national
committees referred to in section 184”.
188 Replace the section by the following section:
“188. The revisor recommended by the national
committee to which the greatest number of
Members of the National Assembly belong shall act as
vice-chairman of the board of revisors.”
189 Replace the section by the following section:
“189. The returning officer shall post, in his
office, the list of revisors appointed to each board
of revisors and shall transmit it to the chief
electoral officer, the national committees and each
official delegate.”
190
to
196
198.1
to
213
214 Replace the word “election” in the third
paragraph by the word “referendum”.
215
to
217
218 Replace “candidate” in the first and second
paragraphs by “official delegate”.
Replace “to the authorized parties represented in the
National Assembly and to any other authorized party having
so requested” in the fourth paragraph by “to
each national committee”.
227
to
231.1
231.2 Replace the word “candidate” in the second
paragraph by the words “official delegate”.
231.2.1 Replace “to the authorized parties represented in
the National Assembly and to any other authorized party
having so requested ” by “to each national
committee”.
231.3
to
231.13
231.14 Replace “candidate” in the second
paragraph by “official delegate”.
233 Replace the word “election” by the word
“referendum”.
248 Replace the first and second paragraphs by the
following paragraphs:
“248. Every employer shall, upon written request,
grant a leave without pay to an employee who acts as
the chairman of a national committee or as an
official delegate. The request may be made at any
time from the date of the writ instituting the
holding of a referendum.
The employee’s leave begins on the day requested by
the employee and ends on the thirtieth day following
polling day.”
249 Replace the first, second and third paragraphs by the
following paragraphs:
“249. Every employer shall, upon written request,
grant a leave without pay to an employee who acts as
the official agent of a national committee. The
request may be made at any time from the date of the
writ instituting the holding of a referendum.
The employee’s leave begins on the day requested by
the employee and ends on the ninetieth day following
polling day.”
250
251 Replace the words “a candidate or” by the words
“the chairman of a national committee, an official
delegate or an”.
252
to
255
259.1 Replace the word “election” by the word
“referendum” and the words “an
election” by the words “a referendum”.
259.2 Replace the word “Election” in the first and
second paragraphs by the word “Referendum”.
259.3 Replace the word “Election” by the word
“Referendum”.
259.4 Replace the word “election” by the word
“referendum”.
259.5 Replace the word “election” in the first and
second paragraphs by the word “referendum”.
259.6
259.7 Replace “Election” in the first paragraph
by “Referendum”.
Replace “candidate or, where applicable,
the authorized party” in the third paragraph
by “official delegate”, and
“election” in that paragraph by
“referendum”.
259.8 Replace the word “election” in the first
paragraph by the word “referendum”.
Replace the words “party or candidate concerned” in
the first paragraph by the words “national committee
concerned”.
Replace the words “party, candidate” in the second
paragraph by the words “national committee”.
259.9 Replace the words “The party, candidate” by the
words “The national committee”.
260 Replace the section by the following section:
“260. Upon receipt of a copy of the writ, the
returning officer shall publish a notice of poll.
The notice of poll shall set forth
(1) the text of the question put to the electors;
(2) the days and hours of polling at advance polling
stations;
(3) the day and hours of polling at polling stations;
(4) the name of every national committee and, for
each of them, the name of the chairman and of
the official agent, and, for the
division, the given name and surname of the official
delegate and of the local agent.”
261 Replace the words “candidate or his mandatary”
by the words “official delegate”.
262 Replace the words “candidate and each authorized
party authority at the level of the electoral
division” in the first paragraph by the words
“official delegate”.
262.1
263 Replace the figure “317” by the figures
“310, 312 to 317”.
264
265
268
269
270 Replace the words “the candidates” by the
words “each official delegate”.
272
273 Replace the words “general election” in the first
paragraph by the word “referendum”.
Replace the words “of his domicile” in the third
paragraph by the words “where the house of detention
is situated”.
274 Replace the words “chief electoral officer” in the
third paragraph by the words “returning officer of
the electoral division concerned”.
Add, after the third paragraph, the following paragraph:
“The returning officer shall ensure that the list
remains confidential.”
275
276 Replace the words “authorized party” by the words
“official delegate of a national committee”.
278 Replace the section by the following section:
“278. The returning officer referred to in section
275 shall give the deputy returning officer a sealed
ballot box containing the ballot papers, the list of
electors of the house of detention, the poll book and
the materials required for the poll. He shall also
give him directives on the work of the polling
officers.”
279
280 Strike out the second paragraph.
282 Replace the section by the following section:
“282. The counting of the votes shall be effected
in accordance with section 272.”
286
to
289
290 Replace the word “candidates” by the words
“official delegates”.
291
to
293.4
293.5 Strike out the words “and a list of the places where
the elector may consult the list of candidates” in
the first paragraph.
Strike out the words “be in the form prescribed by
Schedule IV and shall” in the second paragraph.
296
to
299
300 Replace the section by the following section:
“300. The counting of the votes of electors outside
Québec shall be proceeded with in accordance with
section 272, adapted as required.
However, the counting shall be proceeded with at the
place and time fixed by the chief electoral officer.
The deputy returning officer shall, for each
electoral division, draw up a statement of votes and
an abstract from such statement that he shall deliver
to the chief electoral officer or the person
designated by him, together with the ballot box.
The chief electoral officer shall forthwith
communicate the results to each returning officer
concerned and transmit to him the abstract from the
statement of votes which concerns him.”
302 Replace the word “candidate” in the fifth
paragraph by the words “official delegate”.
303
to
305
306 Replace the words “an election” in the first
paragraph by the words “a referendum”.
307
to
309
310 Replace the section by the following section:
“310. In every polling station, the returning
officer shall appoint, as deputy returning officer,
the person recommended by the official delegate of
the national committee which has the greatest number
of Members in the National Assembly.
He shall appoint, as poll clerk, the person
recommended by the official delegate of the national
committee which has the second greatest number of
Members in the National Assembly.
Where the two national committees have an equal
number of Members in the National Assembly, the
chief electoral officer shall determine, by a drawing
of lots, which committee is deemed to have the
greatest number of Members or, as the case may be,
the second greatest number of Members in the National
Assembly.”
310.1 Replace the section by the following section:
“310.1. For every polling station, the returning
officer shall appoint two persons to act as officers
assigned to the list of electors, respectively recommended
by the official delegate of a national committee.”
312
312.1
313 Replace the word “candidate” in the first
paragraph by the words “official delegate”.
Replace the word “candidates” in the second
paragraph by the words “official delegates”.
314
315
315.1
316 Replace the section by the following section:
“316. The official delegate of each national
committee may designate a person and give him a power
of attorney to represent the national committee
before the deputy returning officer or the officer in
charge of information and order, or before each of
them.”
317 Replace the words “candidate or his mandatary” by
the words “official delegate”.
318 Replace the words “A candidate” by the
words “The official delegate of each national
committee”.
319 Replace the words “candidate or his mandatary”
by the words “official delegate”.
320 Strike out the words “in accordance with the model
provided in Schedule III and” in the first paragraph.
321
to
323
324 Replace the section by the following section:
“324. The ballot paper must contain on the obverse
a space specially reserved for the wording of the
question.”
325
to
327
328 Replace the word “candidates” in the second
paragraph by the words “national committees”.
329
to
333
334 Replace the words “candidates and their mandataries”
by the words “chairmen of national committees and
their official delegates”.
335
to
341
342 Replace the word “candidate” by the words
“national committee”.
343
to
347
348 Replace the words “then indicate to him the order in
which the candidates appear on the ballot paper and
the indications entered under their names, where such
is the case” by the words “read the question and
indicate to him the order in which the options appear
on the ballot paper”.
349
350 Replace the word “candidate” in the first paragraph
by the words “national committee”.
Replace the word “election” in subparagraph 8 of the
first paragraph by the word “referendum”, the words
“a candidate” in subparagraph 4 of the first
paragraph by the words “an option” and the word
“election” in subparagraph 5 of the first paragraph
by the word “referendum”.
351
352 Strike out the word “political” in the first
paragraph and replace the words “a party or
candidate” in the first paragraph by the
words “an option submitted to a referendum”.
Replace the words “party or candidate promoted by
the publicity” in the second paragraph by the words
“national committee concerned”.
353
to
355
356 Replace the section by the following section:
“356. No elector may, on the premises of a polling
station, indicate, in any manner, the option in
favour of which he intends to vote or has voted.”
357 Replace the section by the following section:
“357. No official delegate, representative or
election officer may, on the premises of a polling
station, attempt to learn the option in favour of
which an elector intends to vote or has voted.”
358 Replace the section by the following section:
“358. No official delegate, election
officer or elector who has given assistance to
another elector may disclose the option for which
the elector has voted.”
359 Replace the word “whom” by the words
“which option”.
360 Replace the word “candidate” by the words
“official delegate”.
361
to
363
364 Replace the word “candidate” in subparagraph 4
of the second paragraph by the word “option”
and the words “a person who is not a candidate”
in subparagraph 5 of the second paragraph by the words
“an option which is not one of the options
submitted to the referendum”.
365
366 Replace the words “a candidate or the representative
of a candidate” by the words “an official
delegate or his representative”.
366.1
367 Replace the word “candidate” in the first
paragraph by the word “option”.
368 Replace the word “candidate” by the words
“official delegate”.
369
370
371 Replace the words “candidate or his mandatary”
in the first paragraph by the words “official
delegate”.
Replace the words “candidate, mandatary” in the
second paragraph by the words “official delegate”.
372 Replace the word “candidate” in the first
paragraph by the word “option”.
Replace the figure “285” in the second
paragraph by the figure “300”.
373
374
375 Replace the words “declare elected the candidate
who” in the first paragraph by the words
“announce the option which”.
377 Replace the words “declare elected the candidate
who” and the word “candidate” in the
first paragraph by the words “issue a declaration
indicating the option which” and the words
“official delegate”, respectively.
378 Replace the word “election” in the first
paragraph by the word “referendum”.
379 Replace the word “election”
by the word “referendum”.
380 Replace the section by the following section:
“380. The chief electoral officer shall, as soon
as possible, publish a notice in the Gazette officielle
du Québec indicating, for each electoral division,
the number of votes for each of the options
appearing on the ballot paper.”
381 Replace the word “election” which appears twice
in the first paragraph by the word “referendum”.
401 Replace the section by the following section:
“401. For the purposes of sections 403, 415, 416,
417 and 421, the expression “regulated expenses”
includes expenses referred to in paragraph 10 of
section 404 and the expression “official agent”
includes a private intervenor within the meaning of
Division V if the private intervenor is an elector,
and a representative of a private intervenor if the
private intervenor is a group of electors.”
402 Replace the section by the following section:
“402. The cost of any goods or services used during
the referendum period to promote or oppose, directly
or indirectly, an option submitted to a referendum is
a regulated expense.”
403 Replace the words “an election period” by
the words “a referendum period”, the words
“an election expense” by the words “a
regulated expense” and the words “election
period” by the words “referendum period”.
404 Replace the section by the following section:
“404. The following are not regulated expenses:
(1) the cost of publishing articles, editorials,
news, interviews, columns or letters to the editor in
a newspaper, periodical or other publication,
provided that they are published without payment,
reward or promise of payment or reward, that the
newspaper, periodical or other publication is not
established for the purposes or in view of the
referendum and that the circulation and frequency of
publication are as what obtains outside the
referendum period;
(2) the cost at fair market value of producing,
promoting and distributing a book that was planned to
be put on sale at the prevailing market price
regardless of the issue of the writ;
(3) the cost of broadcasting by a radio or television
station of a program of public affairs, news or
commentary, provided that the program is broadcast
without payment, reward or promise of payment or
reward;
(4) the reasonable expenses incurred by a person, out
of his own money, for meals and lodging while
travelling for referendum purposes, if the expenses
are not reimbursed to him;
(5) the transportation costs of a person, paid out of
his own money, if the costs are not reimbursed to
him;
(5.1) the cost of the food and beverages served at a
political activity where the cost is included in the
entrance fee paid by participants;
(6) the reasonable expenses incurred for the
publication of explanatory commentaries on this Act
and the regulations thereunder, provided the
commentaries are strictly objective and contain no
publicity of such a nature as to favour or oppose an
option submitted to a referendum;
(7) the reasonable ordinary expenses incurred for the
day-to-day operations of not more than two permanent
offices of an authorized party the addresses of which
are entered in the registers of the chief electoral
officer;
(8) interest accrued from the beginning of the
referendum period to the day occurring 90 days after
polling day, on any loan lawfully granted to an
official agent for regulated expenses, unless the
official agent has paid them and declared them as
regulated expenses in his return of regulated expenses;
(9) the expenses incurred for the holding of
meetings, the total of which does not exceed $600
for the entire referendum period, including the
renting of halls and the convening of participants,
provided the meetings are not directly or
indirectly organized on behalf of a national
committee;
(10) the publicity expenses, the total of which
does not exceed $1,000 for the entire referendum
period, incurred by a neutral intervenor authorized
under Division V, without directly promoting or
opposing an option, to advocate abstention or the
spoiling of ballots;
(11) the remuneration paid to a representative referred
to in section 316.
For the purposes of subparagraph 7 of the first
paragraph, the permanent office of an authorized
party is the office where the employees of the party
or of a body associated with it for the purpose of
attaining its objects and recognized by the leader of
the party for such a purpose by a letter addressed to
the chief electoral officer before the seventh day
following the issue of the writ, work on a permanent
basis, outside the referendum period, at ensuring the
dissemination of the party’s political program and
coordinating the political action of the party
members.”
405 Replace the words “election expenses, an authorized
party” in the first paragraph by the words
“regulated expenses, a national committee”.
Replace the second paragraph by the following
paragraph:
“The official agent shall be appointed by the
chairman of the national committee who shall notify
it to the chief electoral officer.”
Replace the words “leader of a party” in the
third paragraph by the words “chairman of the
national committee”.
Replace the words “a party” in the fourth
paragraph by the words “a national committee”.
406 Replace the section by the following section:
“406. Only one official agent is appointed for
each national committee.
However, the official agent may, with the approval of
the chairman of the national committee, appoint the
required number of deputies and, for each electoral
division, a local agent. He shall notify the chief
electoral officer and the returning officer thereof
in writing.
The official agent may authorize them to incur or
authorize regulated expenses up to the amount he
fixes in their deeds of appointment. The amount may
be changed at any time, in writing, by the official
agent before he files his return of regulated
expenses.
Any regulated expense incurred by the deputy of the
official agent or by a local agent is deemed to be
incurred by the official agent up to the amount fixed
in the deed of appointment.
The deputy and the local agent shall provide the
official agent of the national committee with a
detailed statement of expenses incurred or authorized
by them.”
407 Replace the first paragraph by the following
paragraph:
“407. An official agent or local agent may, in
writing, authorize an advertising agency to incur or
order regulated expenses up to the amount he fixes
in the authorization. That amount may be changed, by
the official agent or the local agent, as the case
may be, in writing, at any time before he files his
return of regulated expenses.”
Insert the words “or the local agent, as the case
may be” after the word “agent” in the
second paragraph.
410 Replace the section by the following section:
“410. If the official agent dismisses a local agent,
he shall notify it in writing to the returning
officer. He may appoint another local agent.”
411 Replace the words “an official agent” in the
first paragraph by the words “a local agent”.
Replace the words “an official agent” and the
words “candidate or his mandatary” in the
second paragraph by the words “a local agent”
and the words “official delegate”, respectively.
412 Replace the section by the following section:
“412. No person may act as the official agent of a
national committee, his deputy or a local agent
unless he is qualified to vote.”
413 Replace the section by the following section:
“413. During a referendum period, only the official
agent of a national committee, his deputy or a local
agent may incur or authorize regulated expenses.
However, a non-affiliated elector authorized under
Division V may incur regulated publicity expenses
provided that the total of the expenses for the
entire referendum period does not exceed $1,000.”
414 Replace the section by the following section:
“414. An official agent, his deputy or a local
agent shall pay the cost of regulated expenses only
out of a referendum fund.”
415 Replace the section by the following section:
“415. No goods or services whose cost is wholly or
partly a regulated expense contemplated in section
403 may be used during a referendum period except by
the official agent of a national committee, his
deputy or a local agent, or with his authorization.”
416 Replace the section by the following section:
“416. No person may accept or execute an order for
regulated expenses not given or authorized by the
official agent of a national committee, his deputy,
a local agent or authorized advertising agency.”
417 Replace the words “an election expense”
and “election period” in the first paragraph
by the words “a regulated expense” and
“referendum period”, respectively.
421 Replace the words “an election” in the first
paragraph by the words “a referendum”.
Replace the words “or deputy” in the first,
second and third paragraphs by the words “, deputy
or local agent”.
421.1 Replace the second paragraph by the following
paragraph:
“Where the cost of the writing, object, material,
advertisement or publicity referred to in section
421 exceeds $1,000, the printer, manufacturer,
owner or radio or television broadcaster may only
mention or, as the case may be, indicate as the
person having caused the writing, object, material,
advertisement or publicity to be produced, published
or broadcast the name and title of the official agent
or deputy official agent of a national committee or
of the local agent of the official agent.”
422 Replace the words “the official agents of several
candidates”, the word “official”, and the
word “party” by the words “several local
agents”, the word “local” and the words
“national committee”, respectively.
424 Replace the words “an election expense” in the
first paragraph by the words “a regulated expense”.
425 Replace the first and second paragraphs by the
following paragraphs:
“425. Every person to whom an amount is due for
regulated expenses, other than expenses incurred by
a non-affiliated elector, shall present his claim to
the official agent or the local agent not later than
60 days after polling day. In no case may the
regulated expenses be paid by the official agent or
the local agent if the claim is presented to him
after that period has expired.
Where the official agent or local agent has died or
resigned and has not been replaced, the claim shall
be presented within the same time to the chairman of
the national committee or to the official agent, as
the case may be.”
426 Replace the section by the following section:
“426. Regulated expenses shall be limited so as
never to exceed for a national committee, during one
referendum, $1 per elector for all the electoral
divisions.
However, the national committee that represents the
option for which the fewest non-affiliated electors
have been authorized under section 457.6 to incur
regulated expenses may spend an additional amount to
50% of the difference between the expenses that
authorized non-affiliated electors favourable to one
option may incur and the expenses that may be
incurred by those favourable to the other option.
The amount is established by the chief electoral
officer who shall draw up a certificate and transmit
a copy to the chairman and the official agent of
each national committee not later than the tenth day
preceding polling day.”
427 Replace the section by the following section:
“427. For the purposes of section 426, the number
of electors is the greater of the number of electors
whose names are entered on the list of electors
produced upon the issue of a writ instituting a
referendum and the number of electors whose names
are entered on the list following revision.
The number is established by the chief electoral
officer who shall draw up a certificate thereof and
send a copy of the certificate to the chairman and
the official agent of each national committee.”
429 Replace the word “election” in the first
paragraph by the word “referendum”.
Strike out the second paragraph.
429.1 Replace the word “election” by the word
“referendum”.
430
431
434 Replace the first paragraph by the following
paragraph:
“434. The official agent of each national committee
and, through him, each local agent he has appointed
shall, within 90 days after polling day, deliver to
the chief electoral officer a return of the regulated
expenses incurred or authorized by them.”
Insert, after the second paragraph, the following
paragraph:
“The return must, in addition, indicate the name,
the complete address of the domicile of, and the amount
paid by, each elector whose total contribution to a
national committee exceeds $200.”
435 Replace the word “election” and the words
and figure “sections 432 and” by the word
“regulated” and the word “section”,
respectively.
436 Replace the words “sections 432 and” in the
first paragraph by the word “section”.
Replace the words “leader of the party or to the
candidates if they so request” in the second
paragraph by the words “chairman of the national
committee if he so requests”.
437 Replace the section by the following section:
“437. In addition to regulated expenses, the
official agent and the local agent must indicate in
the returns prescribed in section 434 the source of
the sums paid into the referendum fund put at their
disposal.
They must also indicate
(1) the financial institutions with which the sums
collected by the national committee have been
deposited and the account numbers used;
(2) the total amount of contributions of $200 or
less;
(3) the total amount of contributions of over $200;
(4) the total of the amounts transferred or loaned by
the official representative of an authorized party.”
438 Replace the words and figure “sections 432 and”
in the first paragraph by the word “section”.
Replace the word “election” in the second
paragraph by the word “referendum”.
439
440 Replace the second paragraph by the following
paragraph:
“If the claim is not contested by the official agent,
he shall forward to the chief electoral officer the
necessary additional sum, out of his referendum fund,
to enable him to discharge the claim.”
441 Replace the section by the following section:
“441. On filing the return prescribed by section
434, the official agent of a national committee shall
keep the remaining sums or goods in his referendum
fund.
The sums and goods may be used only for political,
religious, scientific or charitable purposes.”
443 Replace the words “the candidate or party leader”
in the second paragraph by the words “the chairman or
official agent of the national committee”.
444 Replace the words “a candidate or party leader”
by the words “the chairman or official agent of a
national committee”.
Strike out the figure and word “432 or”.
445 Replace the section by the following section:
“445. Before filing the return and declaration
prescribed in section 434, an official agent and a
local agent must have discharged all the claims
received within the period prescribed in section 425
unless they contest them and indicate them as
contested.
In no case may the official agent, the local agent or
the national committee pay a claim so contested.
Only the official agent may pay the claim in
execution of a judgment of a competent tribunal in
favour of the creditor after the hearing of the case
and not upon an acquiescence in the demand or an
agreement of settlement.
The chief electoral officer may, if no national
committee objects, authorize the official agent of a
national committee to pay a contested claim if the
refusal or failure to pay results from bona fide
error.”
446 Insert the words “or local agent” after
the word “agent”.
447 Replace the word “representative” and the
words “return of election expenses” by the
word “agent” and the words “returns of
regulated expenses”, respectively.
448 Replace the section by the following section:
“448. The judge having jurisdiction to decide an
application under sections 443 to 446 is the chief
judge of the Court of Québec.
No application under the first paragraph may be
heard without a notice of at least three clear days
to the chief electoral officer and to the chairman
of each national committee.”
457.2 Replace the section by the following section:
“457.2. Only an elector or a group not endowed
with legal personality and composed in the majority of
natural persons who are qualified electors may apply
for authorization as a neutral intervenor.
Only an elector who cannot join a national committee
may apply for authorization as a non-affiliated
elector.
Neutral intervenors and non-affiliated electors are
private intervenors.”
457.3 Replace subparagraphs 3 to 6 of the first paragraph
by the following subparagraphs:
(3) in the case of a neutral intervenor, state
briefly the purpose of the application and declare
that he does not intend to directly promote or
oppose either option;
(4) in the case of a non-affiliated elector,
indicate which option he intends to promote and
state briefly why he cannot join a national
committee;
(5) declare that he is not associated with and has
not contributed to either national committee;
(6) declare that he is not acting directly or
indirectly on behalf of either national committee;”.
Insert, at the beginning of subparagraph 7 of the
first paragraph, the following: “in the case of a
neutral intervenor,”.
457.4 Replace the words “any candidate or party” at
the end of subparagraph 5 of the first paragraph by the
words “either option”.
Replace subparagraph 6 of the first paragraph by the
following subparagraph:
“(6) state briefly the purpose of the application,”.
Replace the words “any candidate or party” at
the end of subparagraph 7 of the first paragraph by the
words “either national committee”.
Replace the words “a member of any party” at
the end of subparagraph 8 of the first paragraph by the
words “associated with and has not contributed to
either national committee”.
457.5
457.6
457.7 Replace the word “election” in the first
paragraph by the word “referendum”.
Replace the words “a candidate” in the second
paragraph by the words “an official delegate”.
457.8 Replace the section by the following section:
“457.8. Not later than the tenth day preceding
polling day, the returning officer shall transmit
to the national committees and to each official
delegate a list of the authorizations which have
been granted.
The list shall indicate the name of each private
intervenor, the name of the private intervenor’s
representative, if any, and the number and date of
the authorization. The list shall also indicate
whether the private intervenor is a neutral
intervenor or a non-affiliated elector and, in
the latter case, the option that the non-affiliated
elector intends to promote.”
457.9 Replace the words “an election” in the first
paragraph by the words “a referendum”.
457.10
457.11
457.12 Replace the section by the following section:
“457.12. A private intervenor who is an elector or
the representative of a private intervenor may not
join or contribute to a national committee during the
referendum period.”
457.13 Replace the section by the following section:
“457.13. A neutral intervenor may not incur
expenses that are not related to the purpose stated
in the application for authorization or that
directly promote or oppose either option.
A non-affiliated elector may not incur expenses that
do not promote the option indicated in the
application for authorization.”
457.14
to
457.16
457.17 Replace the figure “$25” in the
first paragraph by the figure “$60”.
457.18
to
457.20
457.21 Replace the words “a judge of the Court of
Québec” in the first paragraph by the words
“the Conseil du référendum”.
Replace the word “court” in the third
paragraph and the word “judge” in the
last paragraph by the word “council”.
485 Strike out the second, third and fourth paragraphs.
486
487 Replace the section by the following section:
“487. In respect of the financing of national
committees and the control of regulated expenses, he
shall, in particular,
(1) verify that the national committees, official
agents and their deputies and local agents are
complying with the provisions of the Act;
(2) receive and examine the return of regulated
expenses;
(3) inquire into the legality of contributions and
regulated expenses.”
488 Replace the words “political parties” in
paragraph 4 by the words “national committees”.
Replace, in paragraph 5, the words “political party”
by the words “national committee”, the word
“candidates” by the word “committees”
and the word “parties” by the words “national
committees”.
488.1 Replace the words “an election” in the first line
of the third paragraph by the words “a referendum”.
Replace the words “this Act” in the first
line of the third paragraph by the words “the
Referendum Act (chapter C-64.1)”.
Replace the word “election” in the last line
of the third paragraph by the word “referendum”.
489.1 Replace the words “authorized parties represented in
the National Assembly” by the words “national
committees” and strike out the words “, the
filing of nomination papers”.
490 Replace the words “election period or during an
enumeration or revision period” in the first
paragraph by the words “referendum period”.
Replace “authorized parties represented in the National
Assembly” by “national committees” and
“other authorized parties, the candidates” by
“official delegates”;
Strike out the words “or the end of the enumeration
or revision” in the third paragraph.
491
to
494
496 Strike out the first paragraph.
In the second paragraph, change in French; no change
necessary in English.
497
498
512
551
to
551.4
553 Replace the word “candidate” in paragraph 3
by the words “national committee”.
553.1 Replace the word “election” in paragraph 1
by the word “referendum”.
554 Replace the word “election” in paragraph 2
by the word “referendum”.
Strike out the words “of election”
in paragraph 3.
555
556 Strike out paragraph 4.
556.1 Replace the words “an election” in paragraphs
1 and 2 by the words “a referendum”.
557 Replace the word “election” by
the word “referendum”.
558 Replace the words “every candidate or every person
who later becomes a candidate” in subparagraph 1 of
the first paragraph by the words “every official
delegate”.
Replace the words “a candidate” in subparagraph
2 of the first paragraph by the words “an option”.
Replace the word “election” in subparagraph 1 of
the second paragraph by the word “regulated”.
Replace the words “the election of a candidate at
an election” in subparagraphs 1 and 2 of the second
paragraph by the words “an option submitted at a
referendum”.
559 Insert, after the word “agent”, the words
“or any local agent”.
Replace the word “election” in paragraph 1
by the word “regulated”.
559.1 Replace the words “an election” in paragraph
1 by the words “a regulated”.
560 Replace the words “candidate or party leader” by
the words “chairman or official delegate of a national
committee” and the word “election” by
the word “regulated”.
563 Replace the section by the following section:
“563. Every person who fails to file a report or
return of regulated expenses or the report referred
to in section 457.18 is liable to a fine of $50 for
each day of delay.”
564 Replace the first paragraph by the following paragraph :
“564. Every person who contravenes any of sections 66,
87, 90 to 93, 95 to 97, 99, 100, 104, 105, 410, 413 to 417,
421, 421.1, 422, 424, 429, 429.1, 457.9 and 457.11 to
457.17 is liable to a fine of $500 to $10,000.”
565
566
567 Strike out the following in the first paragraph: “,
in paragraph 4 of section 556”.
Replace the word “election” in the second paragraph
by the word “regulated” and insert after the word
“agent” the words “or the local agent”.
568 Strike out the second paragraph.
568.1
569 Replace the words “Such proceedings” in the second
paragraph by the words “Proceedings are instituted
before the Court of Québec. They”.
570 Replace the words “an election” in the first
paragraph by the words “a referendum”.
571
to
573
SCHEDULE II
Strike out “, 481, 499, 509, 529, 534”.
Replace “Election Act (chapter E-3.3)”
by “Referendum Act (chapter C-64.1)”.
APPENDIX 2
(Sections 44, 45)
PROVISIONS APPLICABLE TO THE HOLDING OF A REFERENDUM
ELECTION ACT (chapter E-3.3)
SECTIONS AMENDMENTS
1 Replace the words “Referendum Act (chapter
C-64.1)” in subparagraph 5 of the first
paragraph by the words “Election Act (chapter
E-3.3)”.
2
3 Replace the fourth paragraph by the following:
“An elector who is a Member of the National Assembly
representing an electoral division other than the
electoral division in which he is domiciled may be
considered to be domiciled either in the polling
subdivision of his domicile or in the polling
subdivision where the main office he uses as a
Member of the National Assembly in the electoral
division he represents is situated.”
Replace the words “election period” in the fifth
paragraph by the words “referendum period”.
4
46 Replace the first paragraph by the following
paragraph:
“46. An official agent may resign by sending a
written notice to that effect to the chairman of the
national committee.”
Replace the words “Within 30 days of resigning, the
official representative shall file with the party,
the party authority, the independent Member or the
independent candidate” in the second paragraph by
the words “Within 30 days of resigning, the
official agent shall file with the national
committee”, and the words “financial report” by
the words “return of regulated expenses”.
Replace the words “an authorized entity no longer has
an official representative, another official
representative” in the third paragraph by the words
“a national committee no longer has an official
agent, another official agent”.
Replace the words “official representative or of a
delegate” in the fourth paragraph by the words
“official agent”.
60 Replace the section by the following section:
“60. The official agent of a national committee is
authorized to solicit and collect contributions until
polling day.
After polling day, the official agent is authorized
to solicit and collect contributions only for the
purpose of paying the debts arising from his
regulated expenses and to dispose, in accordance with
the second paragraph of section 441, of the sums and
property derived from his referendum fund.”
66 Replace the section by the following section:
“66. Where the chairman of a national committee
resigns, he shall so notify the chief electoral
officer in writing without delay.”
87 Strike out the second paragraph.
88 Replace the first paragraph by the following
paragraph:
“88. Sums of money donated to a national committee
and services rendered and goods furnished to it for
the purposes of promoting an option submitted to a
referendum are contributions.”
Strike out subparagraphs 2 and 3 of the second
paragraph.
Replace subparagraph 4 of the second paragraph by
the following subparagraph:
“(4) a loan granted to a national committee at the
current market rate of interest at the time it is
granted by an authorized political party;”.
Strike out subparagraphs 5 and 6 of the second
paragraph.
Replace subparagraph 7 of the second paragraph by the
following subparagraph:
“(7) air time on the radio or television or space in
the newspaper, periodical or other printed matter
available free of charge to national committees by
any radio, television or cable broadcaster or any
owner of a newspaper, periodical or other printed
matter, provided he offers such service equitably as
to quality and quantity to each national committee;”.
Replace subparagraph 8 of the second paragraph by
the following subparagraph:
“(8) transfers of funds between:
(a) an authorized party and the referendum fund of
a national committee;
(b) the referendum fund of a national committee and
the referendum fund put at the disposal of a local
agent.”
90
91 Replace the first paragraph by the following
paragraph:
“91. The total of contributions to each national
committee by the same elector in the same referendum
shall not exceed the amount of $3 000.”
Replace the words “an authorized entity” in the
second paragraph by the words “a national committee”.
92 Replace the first paragraph by the following
paragraph:
“92. Contributions shall not be solicited except
under the responsibility of the official agent of a
national committee, or except through persons
designated in writing by the official agent.”
Replace the word “representative” in the second
paragraph by the word “agent”.
93 Replace the words “representative of the authorized
entity” by the words “agent of the national
committee”.
94 Replace the section by the following section:
“94. The local agent has, for the electoral division
for which he is appointed, the powers conferred on
the official agent of the national committee by
sections 92, 93 and 96.”
95 Replace “official representative of the authorized entity” by
“official agent of the national committee”.
96 Replace the word “representative” by the word
“agent”.
97 Replace the words “authorized entity” by the words
“national committee”.
98 Replace the words “authorized entity” by the words
“national committee”.
99 Replace the words “authorized entity” by the words
“official agent”.
100
104 Replace the words “representative of an authorized
entity” by the words “agent of a national committee”.
105 Add, after the second paragraph, the following
paragraph:
“The principal of, and interest on, every loan must
be paid before the return of the regulated expenses
is sent.”
131
132 Replace the words “party authority at the level of
the electoral division” in the first paragraph by the
words “authority, at the level of the electoral
division, of an authorized party represented in the National
Assembly”.
133 Replace the word “election” by the word “referendum”.
134 Replace the words “political parties and independent
candidates” by the words “national committees”, and
the words “election expenses” by the words
“regulated expenses”.
135 Replace the words “particulars that will be contained
in” in the fourth and fifth lines by the words
“question that will appear on”.
136
137 Replace “an election period” in the second paragraph
by “a referendum period”.
138
to
144
145 Replace the word “election” in the first paragraph by
the word “referendum”.
146 Replace the section by the following section:
“146. Not later than the twenty-seventh day
preceding polling day, the returning officer shall
transmit to the national committees and to each
official delegate the list of electors for the
electoral division, the list of electors entitled
to exercise their right to vote outside Québec
for the division and the list of addresses for
which no electors’ names are entered.
The lists shall be transmitted in computerized form
and in duplicate copies.
For the purposes of this Act, “official delegate”
means a person appointed as such by the chairman of
a national committee to represent him in an electoral
division.”
147 Replace the word “election” in the first paragraph by
the word “referendum”.
Replace the word “parties” in the second paragraph by
the words “national committees”.
179
to
181
182 Replace the section by the following section:
“182. The returning officer shall inform the chief
electoral officer, the national committees and each
official delegate of the places selected.”
183
184 Replace the section by the following section:
“184. The returning officer shall appoint two
revisors not later than Wednesday of the fourth
week preceding that of the polling.
The first revisor shall be appointed on the
recommendation of the official delegate of the
national committee which has the greatest number of
Members of the National Assembly.
The second revisor shall be appointed on the
recommendation of the official delegate of the
national committee which has the second greatest
number of Members of the National Assembly.”
186 Strike out the first paragraph.
187 Replace the words “parties represented in the
National Assembly” by the words “national
committees referred to in section 184”.
188 Replace the section by the following section:
“188. The revisor recommended by the national
committee to which the greatest number of
Members of the National Assembly belong shall act as
vice-chairman of the board of revisors.”
189 Replace the section by the following section:
“189. The returning officer shall post, in his
office, the list of revisors appointed to each board
of revisors and shall transmit it to the chief
electoral officer, the national committees and each
official delegate.”
190
to
213
214 Replace the word “election” in the third paragraph by
the word “referendum”.
215
to
217
218 Replace “candidate” in the first and second paragraphs
by “official delegate”.
Replace “authorized party” in the fourth paragraph
by “national committee”.
227
to
231.1
231.2 Replace the word “candidate” in the second paragraph
by the words “official delegate”.
231.2.1 Replace “authorized party” by “national committee”.
231.3
to
231.13
231.14 Replace “candidate” in the second paragraph by “official
delegate”.
233 Replace the word “election” by the word
“referendum”.
248 Replace the first and second paragraphs by the
following paragraphs:
“248. Every employer shall, upon written request,
grant a leave without pay to an employee who acts as
the chairman of a national committee or as an
official delegate. The request may be made at any
time from the date of the writ instituting the
holding of a referendum.
The employee’s leave begins on the day requested by
the employee and ends on the thirtieth day following
polling day.”
249 Replace the first, second and third paragraphs by the
following paragraphs:
“249. Every employer shall, upon written request,
grant a leave without pay to an employee who acts as
the official agent of a national committee. The
request may be made at any time from the date of the
writ instituting the holding of a referendum.
The employee’s leave begins on the day requested by
the employee and ends on the ninetieth day following
polling day.”
250
251 Replace the words “a candidate or” by the words
“the chairman of a national committee, an official
delegate or an”.
252
to
255
259.1 Replace the word “election” by the word “referendum”
and the words “an election” by the words “a
referendum”.
259.2 Replace the word “Election” in the first and second
paragraphs by the word “Referendum”.
259.3 Replace the word “Election” by the word
“Referendum”.
259.4 Replace the word “election” by the word
“referendum”.
259.5 Replace the word “election” in the first and second
paragraphs by the word “referendum”.
259.6
259.7 Replace “Election” in the first paragraph
by “Referendum”.
Replace “candidate or, where applicable, the authorized party”
in the third paragraph by “official delegate”, and
“election” in that paragraph by “referendum”.
259.8 Replace the word “election” in the first paragraph
by the word “referendum”.
Replace the words “party or candidate concerned” in
the first paragraph by the words “national committee
concerned”.
Replace the words “party, candidate” in the second
paragraph by the words “national committee”.
259.9 Replace the words “The party, candidate” by the
words “The national committee”.
260 Replace the section by the following section:
“260. Upon receipt of a copy of the writ, the
returning officer shall publish a notice of poll.
The notice of poll shall set forth
(1) the text of the question put to the electors;
(2) the days and hours of polling at advance polling
stations;
(3) the day and hours of polling at polling stations;
(4) the name of every national committee and, for
each of them, the name of the chairman and of
the official agent, and, for the
division, the given name and surname of the official
delegate and of the local agent.”
261 Replace the words “candidate or his mandatary” by the
words “official delegate”.
262 Replace the words “candidate and each party authority
at the level of the electoral division” in the first
paragraph by the words “official delegate”.
263 Replace the figure “317” by the figures “310, 312 to
317”.
264
to
269
270 Replace the words “the candidates” by the words “each
official delegate”.
271 Replace “candidate or his mandatary; the latter may attend and
may affix their” in the third paragraph by “official
delegate; the latter may attend and affix his”.
272
273 Replace the words “general election” in the first
paragraph by the word “referendum”.
Replace the words “of his domicile” in the third
paragraph by the words “where the house of detention
is situated”.
274 Replace the words “chief electoral officer” in the
third paragraph by the words “returning officer of
the electoral division concerned”.
Add, after the third paragraph, the following paragraph:
“The returning officer shall ensure that the list
remains confidential.”
275
276 Replace the words “authorized party” by the words
“official delegate of a national committee”.
278 Replace the section by the following section:
“278. The returning officer referred to in section
275 shall give the deputy returning officer a sealed
ballot box containing the ballot papers, the list of
electors of the house of detention, the poll book and
the materials required for the poll. He shall also
give him directives on the work of the polling
officers.”
279
280 Strike out the second paragraph.
282 Replace the section by the following section:
“282. The counting of the votes shall be effected in
accordance with section 272.”
286
to
289
290 Replace the word “candidates” by the words “official
delegates”.
291
to
293.4
293.5 Strike out the words “and a list of the places where
the elector may consult the list of candidates” in
the first paragraph.
Strike out the words “be in the form prescribed by
Schedule IV and shall” in the second paragraph.
296
to
299
300 Replace the section by the following section:
“300. The counting of the votes of electors outside
Québec shall be proceeded with in accordance with
section 272, adapted as required.
However, the counting shall be proceeded with at the
place and time fixed by the chief electoral officer.
The deputy returning officer shall, for each
electoral division, draw up a statement of votes and
an abstract from such statement that he shall deliver
to the chief electoral officer or the person
designated by him, together with the ballot box.
The chief electoral officer shall forthwith
communicate the results to each returning officer
concerned and transmit to him the abstract from the
statement of votes which concerns him.”
302 Replace the word “candidate” in the fifth paragraph
by the words “official delegate”.
303
to
305
306 Replace the words “an election” in the first
paragraph by the words “a referendum”.
307
to
309
310 Replace the section by the following section:
“310. In every polling station, the returning
officer shall appoint, as deputy returning officer,
the person recommended by the official delegate of
the national committee which has the greatest number
of Members in the National Assembly.
He shall appoint, as poll clerk, the person
recommended by the official delegate of the national
committee which has the second greatest number of
Members in the National Assembly.
Where the two national committees have an equal
number of Members in the National Assembly, the
chief electoral officer shall determine, by a drawing
of lots, which committee is deemed to have the
greatest number of Members or, as the case may be,
the second greatest number of Members in the National
Assembly.”
310.1 Replace the section by the following section:
“310.1. For every polling station, the returning officer
shall appoint two persons to act as officers assigned
to the list of electors, respectively recommended by
the official delegate of a national committee.”
312
312.1
313 Replace the word “candidate” in the first paragraph
by the words “official delegate”.
Replace the word “candidates” in the second paragraph
by the words “official delegates”.
314
315
315.1
316 Replace the section by the following section:
“316. The official delegate of each national
committee may designate a person and give him a power
of attorney to represent the national committee
before the deputy returning officer or the officer in
charge of information and order, or before each of
them.”
317 Replace the words “candidate or his mandatary” by the
words “official delegate”.
318 Replace the words “A candidate” by the words “The
official delegate of each national committee”.
319 Replace the words “candidate or his mandatary” by the
words “official delegate”.
320 Strike out the words “in accordance with the model
provided in Schedule III and” in the first paragraph.
321
to
323
324 Replace the section by the following section:
“324. The ballot paper must contain on the obverse
a space specially reserved for the wording of the
question.”
325
to
327
328 Replace the word “candidates” in the second paragraph
by the words “national committees”.
329
to
333
334 Replace the words “candidates and their mandataries”
by the words “chairmen of national committees and
their official delegates”.
335
to
341
342 Replace the word “candidate” by the words “national
committee”.
343
to
347
348 Replace the words “then indicate to him the order in
which the candidates appear on the ballot paper and
the indications entered under their names, where such
is the case” by the words “read the question and
indicate to him the order in which the options appear
on the ballot paper”.
349
350 Replace the word “candidate” in the first paragraph
by the words “national committee”.
Replace the word “election” in subparagraph 8 of the
first paragraph by the word “referendum”, the words
“a candidate” in subparagraph 4 of the first
paragraph by the words “an option” and the word
“election” in subparagraph 5 of the first paragraph
by the word “referendum”.
351
352 Strike out the word “political” in the first
paragraph and replace the words “a party or
candidate” in the first paragraph by the
words “an option submitted to a referendum”.
Replace the words “party or candidate promoted by
the publicity” in the second paragraph by the words
“national committee concerned”.
353
to
355
356 Replace the section by the following section:
“356. No elector may, on the premises of a polling
station, indicate, in any manner, the option in
favour of which he intends to vote or has voted.”
357 Replace the section by the following section:
“357. No official delegate, representative or
election officer may, on the premises of a polling
station, attempt to learn the option in favour of
which an elector intends to vote or has voted.”
358 Replace the section by the following section:
“358. No official delegate, election
officer or elector who has given assistance to
another elector may disclose the option for which
the elector has voted.”
359 Replace the word “whom” by the words “which option”.
360 Replace the word “candidate” by the words “official
delegate”.
361
to
363
364 Replace the word “candidate” in subparagraph 4 of the
second paragraph by the word “option” and the words
“a person who is not a candidate” in subparagraph 5
of the second paragraph by the words “an option which
is not one of the options submitted to the
referendum”.
365
366 Replace the words “a candidate or the representative
of a candidate” by the words “an official delegate or
his representative”.
366.1
367 Replace the word “candidate” in the first paragraph
by the word “option”.
368 Replace the word “candidate” by the words “official
delegate”.
369
370
371 Replace the words “candidate or his mandatary” in the
first paragraph by the words “official delegate”.
Replace the words “candidate, mandatary” in the
second paragraph by the words “official delegate”.
372 Replace the word “candidate” in the first paragraph
by the word “option”.
Replace the figure “285” in the second paragraph by
the figure “300”.
373
374
375 Replace the words “declare elected the candidate who”
in the first paragraph by the words “announce the
option which”.
377 Replace the words “declare elected the candidate who”
and the word “candidate” in the first paragraph by
the words “issue a declaration indicating the option
which” and the words “official delegate”,
respectively.
378 Replace the word “election” in the first paragraph by
the word “referendum”.
379 Replace the word “election” by the word “referendum”.
380 Replace the section by the following section:
“380. The chief electoral officer shall, as soon as
possible, publish a notice in the Gazette officielle
du Québec indicating, for each electoral division,
the number of votes for each of the options
appearing on the ballot paper.”
381 Replace the word “election” which appears twice in
the first paragraph by the word “referendum”.
401 Replace the section by the following section:
“401. For the purposes of sections 403, 415, 416,
417 and 421, the expression “regulated expenses”
includes expenses referred to in paragraph 10 of
section 404 and the expression “official agent”
includes a private intervenor within the meaning of
Division V if the private intervenor is an elector,
and a representative of a private intervenor if the
private intervenor is a group of electors.”
402 Replace the section by the following section:
“402. The cost of any goods or services used during
the referendum period to promote or oppose, directly
or indirectly, an option submitted to a referendum is
a regulated expense.”
403 Replace the words “election period” by the words
“referendum period”.
Replace the words “election expenses” by the words
“regulated expenses”.
404 Replace the section by the following section:
“404. The following are not regulated expenses:
(1) the cost of publishing articles, editorials,
news, interviews, columns or letters to the editor in
a newspaper, periodical or other publication,
provided that they are published without payment,
reward or promise of payment or reward, that the
newspaper, periodical or other publication is not
established for the purposes or in view of the
referendum and that the circulation and frequency of
publication are as what obtains outside the
referendum period;
(2) the cost at fair market value of producing,
promoting and distributing a book that was planned to
be put on sale at the prevailing market price
regardless of the issue of the writ;
(3) the cost of broadcasting by a radio or television
station of a program of public affairs, news or
commentary, provided that the program is broadcast
without payment, reward or promise of payment or
reward;
(4) the reasonable expenses incurred by a person, out
of his own money, for meals and lodging while
travelling for referendum purposes, if the expenses
are not reimbursed to him;
(5) the transportation costs of a person, paid out of
his own money, if the costs are not reimbursed to
him;
(5.1) the cost of the food and beverages served at a
political activity where the cost is included in the
entrance fee paid by participants;
(6) the reasonable expenses incurred for the
publication of explanatory commentaries on this Act
and the regulations thereunder, provided the
commentaries are strictly objective and contain no
publicity of such a nature as to favour or oppose an
option submitted to a referendum;
(7) the reasonable ordinary expenses incurred for the
day-to-day operations of not more than two permanent
offices of an authorized party the addresses of which
are entered in the registers of the chief electoral
officer;
(8) interest accrued from the beginning of the
referendum period to the day occurring 90 days after
polling day, on any loan lawfully granted to an
official agent for regulated expenses, unless the
official agent has paid them and declared them as
regulated expenses in his return of regulated expenses;
(9) the expenses incurred for the holding of
meetings, the total of which does not exceed $600
for the entire referendum period, including the
renting of halls and the convening of participants,
provided the meetings are not directly or
indirectly organized on behalf of a national
committee;
(10) the publicity expenses, the total of which
does not exceed $1,000 for the entire referendum
period, incurred by a neutral intervenor authorized
under Division V, without directly promoting or
opposing an option, to advocate abstention or the
spoiling of ballots;
(11) the remuneration paid to a representative referred
to in section 316.
For the purposes of subparagraph 7 of the first
paragraph, the permanent office of an authorized
party is the office where the employees of the party
or of a body associated with it for the purpose of
attaining its objects and recognized by the leader of
the party for such a purpose by a letter addressed to
the chief electoral officer before the seventh day
following the issue of the writ, work on a permanent
basis, outside the referendum period, at ensuring the
dissemination of the party’s political program and
coordinating the political action of the party
members.”
405 Replace the words “election expenses, an authorized
party” in the first paragraph by the words “regulated
expenses, a national committee”.
Replace the second paragraph by the following
paragraph:
“The official agent shall be appointed by the
chairman of the national committee who shall notify
it to the chief electoral officer.”
Replace the words “leader of the party” in the third
paragraph by the words “chairman of the national
committee”.
Replace the words “a party” in the fourth paragraph
by the words “a national committee”.
406 Replace the section by the following section:
“406. Only one official agent is appointed for each
national committee.
However, the official agent may, with the approval of
the chairman of the national committee, appoint the
required number of deputies and, for each electoral
division, a local agent. He shall notify the chief
electoral officer and the returning officer thereof
in writing.
The official agent may authorize them to incur or
authorize regulated expenses up to the amount he
fixes in their deeds of appointment. The amount may
be changed at any time, in writing, by the official
agent before he files his return of regulated
expenses.
Any regulated expense incurred by the deputy of the
official agent or by a local agent is deemed to be
incurred by the official agent up to the amount fixed
in the deed of appointment.
The deputy and the local agent shall provide the
official agent of the national committee with a
detailed statement of expenses incurred or authorized
by them.”
407 Replace the first paragraph by the following
paragraph:
“407. An official agent or local agent may, in
writing, authorize an advertising agency to incur or
order regulated expenses up to the amount he fixes
in the authorization. That amount may be changed, by
the official agent or the local agent, as the case
may be, in writing, at any time before he files his
return of regulated expenses.”
Insert the words “or the local agent, as the case may
be” after the word “agent” in the second paragraph.
410 Replace the section by the following section:
“410. If the official agent dismisses a local agent,
he shall notify it in writing to the returning
officer. He may appoint another local agent.”
411 Replace the words “an official agent” in the first
paragraph by the words “a local agent”.
Replace the words “an official agent” and the words
“candidate or his mandatary” in the second paragraph
by the words “a local agent” and the words “official
delegate”, respectively.
412 Replace the section by the following section:
“412. No person may act as the official agent of a
national committee, his deputy or a local agent
unless he is qualified to vote.”
413 Replace the section by the following section:
“413. During a referendum period, only the official
agent of a national committee, his deputy or a local
agent may incur or authorize regulated expenses.
However, a non-affiliated elector authorized under
Division V may incur regulated publicity expenses
provided that the total of the expenses for the
entire referendum period does not exceed $1,000.”
414 Replace the section by the following section:
“414. An official agent, his deputy or a local
agent shall pay the cost of regulated expenses only
out of a referendum fund.”
415 Replace the section by the following section:
“415. No goods or services whose cost is wholly or
partly a regulated expense contemplated in section
403 may be used during a referendum period except by
the official agent of a national committee, his
deputy or a local agent, or with his authorization.”
416 Replace the section by the following section:
“416. No person may accept or execute an order for
regulated expenses not given or authorized by the
official agent of a national committee, his deputy,
a local agent or authorized advertising agency.”
417 Replace the words “election expense” and “election
period” in the first paragraph by the words
“regulated expense” and “referendum period”,
respectively.
421 Replace the words “an election” in the first
paragraph by the words “a referendum”.
Replace the words “or deputy” in the first, second
and third paragraphs by the words “, deputy or
local agent”.
421.1 Replace the second paragraph by the following
paragraph:
“Where the cost of the writing, object, material,
advertisement or publicity referred to in section
421 exceeds $1,000, the printer, manufacturer,
owner or radio or television broadcaster may only
mention or, as the case may be, indicate as the
person having caused the writing, object, material,
advertisement or publicity to be produced, published
or broadcast the name and title of the official agent
or deputy official agent of a national committee or
of the local agent of the official agent.”
422 Replace the words “the official agents of several
candidates”, the word “official”, and the word
“party” by the words “several local agents”,
the word “local” and the words “national
committee”, respectively.
424 Replace the word “election” in the first paragraph by
the word “regulated”.
425 Replace the first and second paragraphs by the
following paragraphs:
“425. Every person to whom an amount is due for
regulated expenses, other than expenses incurred by
a non-affiliated elector, shall present his claim to
the official agent or the local agent not later than
60 days after polling day. In no case may the
regulated expenses be paid by the official agent or
the local agent if the claim is presented to him
after that period has expired.
Where the official agent or local agent has died or
resigned and has not been replaced, the claim shall
be presented within the same time to the chairman of
the national committee or to the official agent, as
the case may be.”
426 Replace the section by the following section:
“426. Regulated expenses shall be limited so as
never to exceed for a national committee, during one
referendum, $1 per elector for all the electoral
divisions.
However, the national committee that represents the
option for which the fewest non-affiliated electors
have been authorized under section 457.6 to incur
regulated expenses may spend an additional amount to
50% of the difference between the expenses that
authorized non-affiliated electors favourable to one
option may incur and the expenses that may be
incurred by those favourable to the other option.
The amount is established by the chief electoral
officer who shall draw up a certificate and transmit
a copy to the chairman and the official agent of
each national committee not later than the tenth day
preceding polling day.”
427 Replace the section by the following section:
“427. For the purposes of section 426, the number of
electors is the greater of the number of electors
whose names are entered on the list of electors
produced upon the issue of a writ instituting a
referendum and the number of electors whose names
are entered on the list following revision.
The number is established by the chief electoral
officer who shall draw up a certificate thereof and
send a copy of the certificate to the chairman and
the official agent of each national committee.”
429 Replace the word “election” in the first paragraph by
the word “referendum”.
Strike out the second paragraph.
429.1 Replace the word “election” by the word
“referendum”.
430
431
434 Replace the first paragraph by the following
paragraph:
“434. The official agent of each national committee
and, through him, each local agent he has appointed
shall, within 90 days after polling day, deliver to
the chief electoral officer a return of the regulated
expenses incurred or authorized by them.”
Insert, after the second paragraph, the following
paragraph:
“The return must, in addition, indicate the name, the
complete address of the domicile of, and the amount
paid by, each elector whose total contribution to a
national committee exceeds $200.”
435 Replace the word “election” and the words and figure
“sections 432 and” by the word “regulated”
and the word “section”, respectively.
436 Replace the words “sections 432 and” in the first
paragraph by the word “section”.
Replace the words “leader of the party or to the
candidates if they so request” in the second
paragraph by the words “chairman of the national
committee if he so requests”.
437 Replace the section by the following section:
“437. In addition to regulated expenses, the
official agent and the local agent must indicate in
the returns prescribed in section 434 the source of
the sums paid into the referendum fund put at their
disposal.
They must also indicate
(1) the financial institutions with which the sums
collected by the national committee have been
deposited and the account numbers used;
(2) the total amount of contributions of $200 or
less;
(3) the total amount of contributions of over $200;
(4) the total of the amounts transferred or loaned by
the official representative of an authorized party.”
438 Replace the words and figure “sections 432 and” in
the first paragraph by the word “section”.
Replace the word “election” in the second paragraph
by the word “referendum”.
439
440 Replace the second paragraph by the following
paragraph:
“If the claim is not contested by the official agent,
he shall forward to the chief electoral officer the
necessary additional sum, out of his referendum fund,
to enable him to discharge the claim.”
441 Replace the section by the following section:
“441. On filing the return prescribed by section
434, the official agent of a national committee shall
keep the remaining sums or goods in his referendum
fund.
The sums and goods may be used only for political,
religious, scientific or charitable purposes.”
443 Replace the words “a candidate or party leader” in
the second paragraph by the words “the chairman or
official agent of the national committee”.
444 Replace the words “a candidate or party leader” by
the words “the chairman or official agent of a
national committee”.
Strike out the figure and word “432 or”.
445 Replace the section by the following section:
“445. Before filing the return and declaration
prescribed in section 434, an official agent and a
local agent must have discharged all the claims
received within the period prescribed in section 425
unless they contest them and indicate them as
contested.
In no case may the official agent, the local agent or
the national committee pay a claim so contested.
Only the official agent may pay the claim in
execution of a judgment of a competent tribunal in
favour of the creditor after the hearing of the case
and not upon an acquiescence in the demand or an
agreement of settlement.
The chief electoral officer may, if no national
committee objects, authorize the official agent of a
national committee to pay a contested claim if the
refusal or failure to pay results from bona fide
error.”
446 Insert the words “or local agent” after the word
“agent”.
447 Replace the word “representative” and the words
“return of election expenses” by the
word “agent” and the words “returns of
regulated expenses”, respectively.
448 Replace the section by the following section:
“448. The judge having jurisdiction to decide an
application under sections 443 to 446 is the chief
judge of the Court of Québec.
No application under the first paragraph may be
heard without a notice of at least three clear days
to the chief electoral officer and to the chairman
of each national committee.”
457.2 Replace the section by the following section:
“457.2. Only an elector or a group not endowed with
legal personality and composed in the majority of
natural persons who are qualified electors may apply
for authorization as a neutral intervenor.
Only an elector who cannot join a national committee
may apply for authorization as a non-affiliated
elector.
Neutral intervenors and non-affiliated electors are
private intervenors.”
457.3 Replace subparagraphs 3 to 6 of the first paragraph
by the following subparagraphs:
(3) in the case of a neutral intervenor, state
briefly the purpose of the application and declare
that he does not intend to directly promote or
oppose either option;
(4) in the case of a non-affiliated elector,
indicate which option he intends to promote and
state briefly why he cannot join a national
committee;
(5) declare that he is not associated with and has
not contributed to either national committee;
(6) declare that he is not acting directly or
indirectly on behalf of either national committee;”.
Insert, at the beginning of subparagraph 7 of the
first paragraph, the following: “in the case of a
neutral intervenor,”.
457.4 Replace the words “any candidate or party” at the
end of subparagraph 5 of the first paragraph by the
words “either option”.
Replace subparagraph 6 of the first paragraph by the
following subparagraph:
“(6) state briefly the purpose of the application,”.
Replace the words “any candidate or party” at the
end of subparagraph 7 of the first paragraph by the
words “either national committee”.
Replace the words “a member of any party” at the
end of subparagraph 8 of the first paragraph by the
words “associated with and has not contributed to
either national committee”.
457.5
457.6
457.7 Replace the word “election” in the first paragraph
by the word “referendum”.
Replace the words “a candidate” in the second
paragraph by the words “an official delegate”.
457.8 Replace the section by the following section:
“457.8. Not later than the tenth day preceding
polling day, the returning officer shall transmit
to the national committees and to each official
delegate a list of the authorizations which have
been granted.
The list shall indicate the name of each private
intervenor, the name of the private intervenor’s
representative, if any, and the number and date of
the authorization. The list shall also indicate
whether the private intervenor is a neutral
intervenor or a non-affiliated elector and, in
the latter case, the option that the non-affiliated
elector intends to promote.”
457.9 Replace the words “an election” in the first
paragraph by the words “a referendum”.
457.10
457.11
457.12 Replace the section by the following section:
“457.12. A private intervenor who is an elector or
the representative of a private intervenor may not
join or contribute to a national committee during the
referendum period.”
457.13 Replace the section by the following section:
“457.13. A neutral intervenor may not incur
expenses that are not related to the purpose stated
in the application for authorization or that
directly promote or oppose either option.
A non-affiliated elector may not incur expenses that
do not promote the option indicated in the
application for authorization.”
457.14
to
457.16
457.17 Replace the figure “$25” in the first paragraph by
the figure “$60”.
457.18
to
457.20
457.21 Replace the words “a judge of the Court of Québec”
in the first paragraph by the words “the Conseil du
référendum”.
Replace the word “court” in the third paragraph and
the word “judge” in the last paragraph by the word
“council”.
485 Strike out the second, third and fourth paragraphs.
486
487 Replace the section by the following section:
“487. In respect of the financing of national
committees and the control of regulated expenses, he
shall, in particular,
(1) verify that the national committees, official
agents and their deputies and local agents are
complying with the provisions of the Act;
(2) receive and examine the return of regulated
expenses;
(3) inquire into the legality of contributions and
regulated expenses.”
488 Replace the words “political parties” in paragraph 4
by the words “national committees”.
Replace, in paragraph 5, the words “political party”
by the words “national committee”, the word
“candidates” by the word “committees” and the word
“parties” by the words “national committees”.
488.1 Replace the word “election” in the first line and in
the last line by the word “referendum” and replace
the words “this Act” by the words “the Referendum Act
(chapter C-64.1)”.
489.1 Replace the words “authorized parties represented in
the National Assembly” by the words “national
committees” and strike out the words “, the filing of
nomination papers”.
490 Replace the words “election period or during an
enumeration or revision period” in the first
paragraph by the words “referendum period”.
Replace “authorized parties represented in the National
Assembly” by “national committees” and “other
authorized parties, the candidates” by “official
delegates” ;
Strike out the words “or the end of the enumeration
or revision” in the third paragraph.
491
to
494
496 Strike out the first paragraph.
In the second paragraph, change in French; no change
necessary in English.
497
498
512
551
to
551.4
553 Replace the word “candidate” in paragraph 3 by the
words “national committee”.
553.1 Replace the word “election” in paragraph 1 by the
word “referendum”.
554 Replace the word “election” in paragraph 2 by the
word “referendum”.
Strike out the words “of election” in paragraph 3.
555
556 Strike out paragraph 4.
556.1 Replace the words “an election” in paragraphs 1 and
2 by the words “a referendum”.
557 Replace the word “election” by the word “referendum”.
558 Replace the words “every candidate or every person
who later becomes a candidate” in subparagraph 1 of
the first paragraph by the words “every official
delegate”.
Replace the words “a candidate” in subparagraph 2 of
the first paragraph by the words “an option”.
Replace the word “election” in subparagraph 1 of
the second paragraph by the word “regulated”.
Replace the words “the election of a candidate at
an election” in subparagraphs 1 and 2 of the second
paragraph by the words “an option submitted at a
referendum”.
559 Insert, after the word “agent”, the words “or any
local agent”.
Replace the word “election” in paragraph 1 by the
word “regulated”.
559.1 Replace the words “an election” in paragraph 1 by
the words “a regulated”.
560 Replace the words “candidate or party leader” by the
words “chairman or official delegate of a national
committee” and the word “election” by the word
“regulated”.
563 Replace the section by the following section:
“563. Every person who fails to file a report or
return of regulated expenses or the report referred
to in section 457.18 is liable to a fine of $50 for
each day of delay.”
564 Replace the section by the following section:
“564. Every person who contravenes any of sections
66, 87, 90 to 93, 95 to 97, 99, 100, 104, 105, 410,
413 to 417, 421, 421.1, 422, 424, 429, 429.1, 457.9
and 457.11 to 457.17 is liable to a fine of $500 to
$10,000.”
565
566
567 Strike out the following in the first paragraph: “,
in paragraph 4 of section 556”.
Replace the word “election” in the second paragraph
by the word “regulated” and insert after the word
“agent” the words “or the local agent”.
568 Strike out the second paragraph.
568.1
569 Replace the words “Such proceedings” in the second
paragraph by the words “Proceedings are instituted
before the Court of Québec. They”.
570 Replace the words “an election” in the first
paragraph by the words “a referendum”.
571
to
573
SCHEDULE II
Strike out “, 481, 499, 509, 529, 534”.
Replace “Election Act (Revised Statutes of Québec,
chapter E-3.3)” by “Referendum Act”.
PROVISIONS APPLICABLE TO THE HOLDING OF A REFERENDUM
ELECTION ACT (chapter E-3.3)
SECTIONS AMENDMENTS
1 Replace the words “Referendum Act (chapter
C-64.1)” in subparagraph 5 of the first
paragraph by the words “Election Act (chapter
E-3.3)”.
2
3 Replace the fourth paragraph by the following:
“An elector who is a Member of the National Assembly
representing an electoral division other than the
electoral division in which he is domiciled may be
considered to be domiciled either in the polling
subdivision of his domicile or in the polling
subdivision where the main office he uses as a
Member of the National Assembly in the electoral
division he represents is situated.”
Replace the words “election period” in the fifth
paragraph by the words “referendum period”.
4
46 Replace the first paragraph by the following
paragraph:
“46. An official agent may resign by sending a
written notice to that effect to the chairman of the
national committee.”
Replace the words “Within 30 days of resigning, the
official representative shall file with the party,
the party authority, the independent Member or the
independent candidate” in the second paragraph by
the words “Within 30 days of resigning, the
official agent shall file with the national
committee”, and the words “financial report” by
the words “return of regulated expenses”.
Replace the words “an authorized entity no longer has
an official representative, another official
representative” in the third paragraph by the words
“a national committee no longer has an official
agent, another official agent”.
Replace the words “official representative or of a
delegate” in the fourth paragraph by the words
“official agent”.
60 Replace the section by the following section:
“60. The official agent of a national committee is
authorized to solicit and collect contributions until
polling day.
After polling day, the official agent is authorized
to solicit and collect contributions only for the
purpose of paying the debts arising from his
regulated expenses and to dispose, in accordance with
the second paragraph of section 441, of the sums and
property derived from his referendum fund.”
66 Replace the section by the following section:
“66. Where the chairman of a national committee
resigns, he shall so notify the chief electoral
officer in writing without delay.”
87 Strike out the second paragraph.
88 Replace the first paragraph by the following
paragraph:
“88. Sums of money donated to a national committee
and services rendered and goods furnished to it for
the purposes of promoting an option submitted to a
referendum are contributions.”
Strike out subparagraphs 2 and 3 of the second
paragraph.
Replace subparagraph 4 of the second paragraph by
the following subparagraph:
“(4) a loan granted to a national committee at the
current market rate of interest at the time it is
granted by an authorized political party;”.
Strike out subparagraphs 5 and 6 of the second
paragraph.
Replace subparagraph 7 of the second paragraph by the
following subparagraph:
“(7) air time on the radio or television or space in
the newspaper, periodical or other printed matter
available free of charge to national committees by
any radio, television or cable broadcaster or any
owner of a newspaper, periodical or other printed
matter, provided he offers such service equitably as
to quality and quantity to each national committee;”.
Replace subparagraph 8 of the second paragraph by
the following subparagraph:
“(8) transfers of funds between:
(a) an authorized party and the referendum fund of
a national committee;
(b) the referendum fund of a national committee and
the referendum fund put at the disposal of a local
agent.”
90
91 Replace the first paragraph by the following
paragraph:
“91. The total of contributions to each national
committee by the same elector in the same referendum
shall not exceed the amount of $3 000.”
Replace the words “an authorized entity” in the
second paragraph by the words “a national committee”.
92 Replace the first paragraph by the following
paragraph:
“92. Contributions shall not be solicited except
under the responsibility of the official agent of a
national committee, or except through persons
designated in writing by the official agent.”
Replace the word “representative” in the second
paragraph by the word “agent”.
93 Replace the words “representative of the authorized
entity” by the words “agent of the national
committee”.
94 Replace the section by the following section:
“94. The local agent has, for the electoral division
for which he is appointed, the powers conferred on
the official agent of the national committee by
sections 92, 93 and 96.”
95 Replace “official representative of the authorized entity” by
“official agent of the national committee”.
96 Replace the word “representative” by the word
“agent”.
97 Replace the words “authorized entity” by the words
“national committee”.
98 Replace the words “authorized entity” by the words
“national committee”.
99 Replace the words “authorized entity” by the words
“official agent”.
100
104 Replace the words “representative of an authorized
entity” by the words “agent of a national committee”.
105 Add, after the second paragraph, the following
paragraph:
“The principal of, and interest on, every loan must
be paid before the return of the regulated expenses
is sent.”
131
132 Replace the words “party authority at the level of
the electoral division” in the first paragraph by the
words “authority, at the level of the electoral
division, of an authorized party represented in the National
Assembly”.
133 Replace the word “election” by the word “referendum”.
134 Replace the words “political parties and independent
candidates” by the words “national committees”, and
the words “election expenses” by the words
“regulated expenses”.
135 Replace the words “particulars that will be contained
in” in the fourth and fifth lines by the words
“question that will appear on”.
136
137 Replace “an election period” in the second paragraph
by “a referendum period”.
138
to
144
145 Replace the word “election” in the first paragraph by
the word “referendum”.
146 Replace the section by the following section:
“146. Not later than the twenty-seventh day
preceding polling day, the returning officer shall
transmit to the national committees and to each
official delegate the list of electors for the
electoral division, the list of electors entitled
to exercise their right to vote outside Québec
for the division and the list of addresses for
which no electors’ names are entered.
The lists shall be transmitted in computerized form
and in duplicate copies.
For the purposes of this Act, “official delegate”
means a person appointed as such by the chairman of
a national committee to represent him in an electoral
division.”
147 Replace the word “election” in the first paragraph by
the word “referendum”.
Replace the word “parties” in the second paragraph by
the words “national committees”.
179
to
181
182 Replace the section by the following section:
“182. The returning officer shall inform the chief
electoral officer, the national committees and each
official delegate of the places selected.”
183
184 Replace the section by the following section:
“184. The returning officer shall appoint two
revisors not later than Wednesday of the fourth
week preceding that of the polling.
The first revisor shall be appointed on the
recommendation of the official delegate of the
national committee which has the greatest number of
Members of the National Assembly.
The second revisor shall be appointed on the
recommendation of the official delegate of the
national committee which has the second greatest
number of Members of the National Assembly.”
186 Strike out the first paragraph.
187 Replace the words “parties represented in the
National Assembly” by the words “national
committees referred to in section 184”.
188 Replace the section by the following section:
“188. The revisor recommended by the national
committee to which the greatest number of
Members of the National Assembly belong shall act as
vice-chairman of the board of revisors.”
189 Replace the section by the following section:
“189. The returning officer shall post, in his
office, the list of revisors appointed to each board
of revisors and shall transmit it to the chief
electoral officer, the national committees and each
official delegate.”
190
to
213
214 Replace the word “election” in the third paragraph by
the word “referendum”.
215
to
217
218 Replace “candidate” in the first and second paragraphs
by “official delegate”.
Replace “authorized party” in the fourth paragraph
by “national committee”.
227
to
231.1
231.2 Replace the word “candidate” in the second paragraph
by the words “official delegate”.
231.2.1 Replace “authorized party” by “national committee”.
231.3
to
231.13
231.14 Replace “candidate” in the second paragraph by “official
delegate”.
233 Replace the word “election” by the word
“referendum”.
248 Replace the first and second paragraphs by the
following paragraphs:
“248. Every employer shall, upon written request,
grant a leave without pay to an employee who acts as
the chairman of a national committee or as an
official delegate. The request may be made at any
time from the date of the writ instituting the
holding of a referendum.
The employee’s leave begins on the day requested by
the employee and ends on the thirtieth day following
polling day.”
249 Replace the first, second and third paragraphs by the
following paragraphs:
“249. Every employer shall, upon written request,
grant a leave without pay to an employee who acts as
the official agent of a national committee. The
request may be made at any time from the date of the
writ instituting the holding of a referendum.
The employee’s leave begins on the day requested by
the employee and ends on the ninetieth day following
polling day.”
250
251 Replace the words “a candidate or” by the words
“the chairman of a national committee, an official
delegate or an”.
252
to
255
259.1 Replace the word “election” by the word “referendum”
and the words “an election” by the words “a
referendum”.
259.2 Replace the word “Election” in the first and second
paragraphs by the word “Referendum”.
259.3 Replace the word “Election” by the word
“Referendum”.
259.4 Replace the word “election” by the word
“referendum”.
259.5 Replace the word “election” in the first and second
paragraphs by the word “referendum”.
259.6
259.7 Replace “Election” in the first paragraph
by “Referendum”.
Replace “candidate or, where applicable, the authorized party”
in the third paragraph by “official delegate”, and
“election” in that paragraph by “referendum”.
259.8 Replace the word “election” in the first paragraph
by the word “referendum”.
Replace the words “party or candidate concerned” in
the first paragraph by the words “national committee
concerned”.
Replace the words “party, candidate” in the second
paragraph by the words “national committee”.
259.9 Replace the words “The party, candidate” by the
words “The national committee”.
260 Replace the section by the following section:
“260. Upon receipt of a copy of the writ, the
returning officer shall publish a notice of poll.
The notice of poll shall set forth
(1) the text of the question put to the electors;
(2) the days and hours of polling at advance polling
stations;
(3) the day and hours of polling at polling stations;
(4) the name of every national committee and, for
each of them, the name of the chairman and of
the official agent, and, for the
division, the given name and surname of the official
delegate and of the local agent.”
261 Replace the words “candidate or his mandatary” by the
words “official delegate”.
262 Replace the words “candidate and each party authority
at the level of the electoral division” in the first
paragraph by the words “official delegate”.
263 Replace the figure “317” by the figures “310, 312 to
317”.
264
to
269
270 Replace the words “the candidates” by the words “each
official delegate”.
271 Replace “candidate or his mandatary; the latter may attend and
may affix their” in the third paragraph by “official
delegate; the latter may attend and affix his”.
272
273 Replace the words “general election” in the first
paragraph by the word “referendum”.
Replace the words “of his domicile” in the third
paragraph by the words “where the house of detention
is situated”.
274 Replace the words “chief electoral officer” in the
third paragraph by the words “returning officer of
the electoral division concerned”.
Add, after the third paragraph, the following paragraph:
“The returning officer shall ensure that the list
remains confidential.”
275
276 Replace the words “authorized party” by the words
“official delegate of a national committee”.
278 Replace the section by the following section:
“278. The returning officer referred to in section
275 shall give the deputy returning officer a sealed
ballot box containing the ballot papers, the list of
electors of the house of detention, the poll book and
the materials required for the poll. He shall also
give him directives on the work of the polling
officers.”
279
280 Strike out the second paragraph.
282 Replace the section by the following section:
“282. The counting of the votes shall be effected in
accordance with section 272.”
286
to
289
290 Replace the word “candidates” by the words “official
delegates”.
291
to
293.4
293.5 Strike out the words “and a list of the places where
the elector may consult the list of candidates” in
the first paragraph.
Strike out the words “be in the form prescribed by
Schedule IV and shall” in the second paragraph.
296
to
299
300 Replace the section by the following section:
“300. The counting of the votes of electors outside
Québec shall be proceeded with in accordance with
section 272, adapted as required.
However, the counting shall be proceeded with at the
place and time fixed by the chief electoral officer.
The deputy returning officer shall, for each
electoral division, draw up a statement of votes and
an abstract from such statement that he shall deliver
to the chief electoral officer or the person
designated by him, together with the ballot box.
The chief electoral officer shall forthwith
communicate the results to each returning officer
concerned and transmit to him the abstract from the
statement of votes which concerns him.”
302 Replace the word “candidate” in the fifth paragraph
by the words “official delegate”.
303
to
305
306 Replace the words “an election” in the first
paragraph by the words “a referendum”.
307
to
309
310 Replace the section by the following section:
“310. In every polling station, the returning
officer shall appoint, as deputy returning officer,
the person recommended by the official delegate of
the national committee which has the greatest number
of Members in the National Assembly.
He shall appoint, as poll clerk, the person
recommended by the official delegate of the national
committee which has the second greatest number of
Members in the National Assembly.
Where the two national committees have an equal
number of Members in the National Assembly, the
chief electoral officer shall determine, by a drawing
of lots, which committee is deemed to have the
greatest number of Members or, as the case may be,
the second greatest number of Members in the National
Assembly.”
310.1 Replace the section by the following section:
“310.1. For every polling station, the returning officer
shall appoint two persons to act as officers assigned
to the list of electors, respectively recommended by
the official delegate of a national committee.”
312
312.1
313 Replace the word “candidate” in the first paragraph
by the words “official delegate”.
Replace the word “candidates” in the second paragraph
by the words “official delegates”.
314
315
315.1
316 Replace the section by the following section:
“316. The official delegate of each national
committee may designate a person and give him a power
of attorney to represent the national committee
before the deputy returning officer or the officer in
charge of information and order, or before each of
them.”
317 Replace the words “candidate or his mandatary” by the
words “official delegate”.
318 Replace the words “A candidate” by the words “The
official delegate of each national committee”.
319 Replace the words “candidate or his mandatary” by the
words “official delegate”.
320 Strike out the words “in accordance with the model
provided in Schedule III and” in the first paragraph.
321
to
323
324 Replace the section by the following section:
“324. The ballot paper must contain on the obverse
a space specially reserved for the wording of the
question.”
325
to
327
328 Replace the word “candidates” in the second paragraph
by the words “national committees”.
329
to
333
334 Replace the words “candidates and their mandataries”
by the words “chairmen of national committees and
their official delegates”.
335
to
341
342 Replace the word “candidate” by the words “national
committee”.
343
to
347
348 Replace the words “then indicate to him the order in
which the candidates appear on the ballot paper and
the indications entered under their names, where such
is the case” by the words “read the question and
indicate to him the order in which the options appear
on the ballot paper”.
349
350 Replace the word “candidate” in the first paragraph
by the words “national committee”.
Replace the word “election” in subparagraph 8 of the
first paragraph by the word “referendum”, the words
“a candidate” in subparagraph 4 of the first
paragraph by the words “an option” and the word
“election” in subparagraph 5 of the first paragraph
by the word “referendum”.
351
352 Strike out the word “political” in the first
paragraph and replace the words “a party or
candidate” in the first paragraph by the
words “an option submitted to a referendum”.
Replace the words “party or candidate promoted by
the publicity” in the second paragraph by the words
“national committee concerned”.
353
to
355
356 Replace the section by the following section:
“356. No elector may, on the premises of a polling
station, indicate, in any manner, the option in
favour of which he intends to vote or has voted.”
357 Replace the section by the following section:
“357. No official delegate, representative or
election officer may, on the premises of a polling
station, attempt to learn the option in favour of
which an elector intends to vote or has voted.”
358 Replace the section by the following section:
“358. No official delegate, election
officer or elector who has given assistance to
another elector may disclose the option for which
the elector has voted.”
359 Replace the word “whom” by the words “which option”.
360 Replace the word “candidate” by the words “official
delegate”.
361
to
363
364 Replace the word “candidate” in subparagraph 4 of the
second paragraph by the word “option” and the words
“a person who is not a candidate” in subparagraph 5
of the second paragraph by the words “an option which
is not one of the options submitted to the
referendum”.
365
366 Replace the words “a candidate or the representative
of a candidate” by the words “an official delegate or
his representative”.
366.1
367 Replace the word “candidate” in the first paragraph
by the word “option”.
368 Replace the word “candidate” by the words “official
delegate”.
369
370
371 Replace the words “candidate or his mandatary” in the
first paragraph by the words “official delegate”.
Replace the words “candidate, mandatary” in the
second paragraph by the words “official delegate”.
372 Replace the word “candidate” in the first paragraph
by the word “option”.
Replace the figure “285” in the second paragraph by
the figure “300”.
373
374
375 Replace the words “declare elected the candidate who”
in the first paragraph by the words “announce the
option which”.
377 Replace the words “declare elected the candidate who”
and the word “candidate” in the first paragraph by
the words “issue a declaration indicating the option
which” and the words “official delegate”,
respectively.
378 Replace the word “election” in the first paragraph by
the word “referendum”.
379 Replace the word “election” by the word “referendum”.
380 Replace the section by the following section:
“380. The chief electoral officer shall, as soon as
possible, publish a notice in the Gazette officielle
du Québec indicating, for each electoral division,
the number of votes for each of the options
appearing on the ballot paper.”
381 Replace the word “election” which appears twice in
the first paragraph by the word “referendum”.
401 Replace the section by the following section:
“401. For the purposes of sections 403, 415, 416,
417 and 421, the expression “regulated expenses”
includes expenses referred to in paragraph 10 of
section 404 and the expression “official agent”
includes a private intervenor within the meaning of
Division V if the private intervenor is an elector,
and a representative of a private intervenor if the
private intervenor is a group of electors.”
402 Replace the section by the following section:
“402. The cost of any goods or services used during
the referendum period to promote or oppose, directly
or indirectly, an option submitted to a referendum is
a regulated expense.”
403 Replace the words “election period” by the words
“referendum period”.
Replace the words “election expenses” by the words
“regulated expenses”.
404 Replace the section by the following section:
“404. The following are not regulated expenses:
(1) the cost of publishing articles, editorials,
news, interviews, columns or letters to the editor in
a newspaper, periodical or other publication,
provided that they are published without payment,
reward or promise of payment or reward, that the
newspaper, periodical or other publication is not
established for the purposes or in view of the
referendum and that the circulation and frequency of
publication are as what obtains outside the
referendum period;
(2) the cost at fair market value of producing,
promoting and distributing a book that was planned to
be put on sale at the prevailing market price
regardless of the issue of the writ;
(3) the cost of broadcasting by a radio or television
station of a program of public affairs, news or
commentary, provided that the program is broadcast
without payment, reward or promise of payment or
reward;
(4) the reasonable expenses incurred by a person, out
of his own money, for meals and lodging while
travelling for referendum purposes, if the expenses
are not reimbursed to him;
(5) the transportation costs of a person, paid out of
his own money, if the costs are not reimbursed to
him;
(5.1) the cost of the food and beverages served at a
political activity where the cost is included in the
entrance fee paid by participants;
(6) the reasonable expenses incurred for the
publication of explanatory commentaries on this Act
and the regulations thereunder, provided the
commentaries are strictly objective and contain no
publicity of such a nature as to favour or oppose an
option submitted to a referendum;
(7) the reasonable ordinary expenses incurred for the
day-to-day operations of not more than two permanent
offices of an authorized party the addresses of which
are entered in the registers of the chief electoral
officer;
(8) interest accrued from the beginning of the
referendum period to the day occurring 90 days after
polling day, on any loan lawfully granted to an
official agent for regulated expenses, unless the
official agent has paid them and declared them as
regulated expenses in his return of regulated expenses;
(9) the expenses incurred for the holding of
meetings, the total of which does not exceed $600
for the entire referendum period, including the
renting of halls and the convening of participants,
provided the meetings are not directly or
indirectly organized on behalf of a national
committee;
(10) the publicity expenses, the total of which
does not exceed $1,000 for the entire referendum
period, incurred by a neutral intervenor authorized
under Division V, without directly promoting or
opposing an option, to advocate abstention or the
spoiling of ballots;
(11) the remuneration paid to a representative referred
to in section 316.
For the purposes of subparagraph 7 of the first
paragraph, the permanent office of an authorized
party is the office where the employees of the party
or of a body associated with it for the purpose of
attaining its objects and recognized by the leader of
the party for such a purpose by a letter addressed to
the chief electoral officer before the seventh day
following the issue of the writ, work on a permanent
basis, outside the referendum period, at ensuring the
dissemination of the party’s political program and
coordinating the political action of the party
members.”
405 Replace the words “election expenses, an authorized
party” in the first paragraph by the words “regulated
expenses, a national committee”.
Replace the second paragraph by the following
paragraph:
“The official agent shall be appointed by the
chairman of the national committee who shall notify
it to the chief electoral officer.”
Replace the words “leader of the party” in the third
paragraph by the words “chairman of the national
committee”.
Replace the words “a party” in the fourth paragraph
by the words “a national committee”.
406 Replace the section by the following section:
“406. Only one official agent is appointed for each
national committee.
However, the official agent may, with the approval of
the chairman of the national committee, appoint the
required number of deputies and, for each electoral
division, a local agent. He shall notify the chief
electoral officer and the returning officer thereof
in writing.
The official agent may authorize them to incur or
authorize regulated expenses up to the amount he
fixes in their deeds of appointment. The amount may
be changed at any time, in writing, by the official
agent before he files his return of regulated
expenses.
Any regulated expense incurred by the deputy of the
official agent or by a local agent is deemed to be
incurred by the official agent up to the amount fixed
in the deed of appointment.
The deputy and the local agent shall provide the
official agent of the national committee with a
detailed statement of expenses incurred or authorized
by them.”
407 Replace the first paragraph by the following
paragraph:
“407. An official agent or local agent may, in
writing, authorize an advertising agency to incur or
order regulated expenses up to the amount he fixes
in the authorization. That amount may be changed, by
the official agent or the local agent, as the case
may be, in writing, at any time before he files his
return of regulated expenses.”
Insert the words “or the local agent, as the case may
be” after the word “agent” in the second paragraph.
410 Replace the section by the following section:
“410. If the official agent dismisses a local agent,
he shall notify it in writing to the returning
officer. He may appoint another local agent.”
411 Replace the words “an official agent” in the first
paragraph by the words “a local agent”.
Replace the words “an official agent” and the words
“candidate or his mandatary” in the second paragraph
by the words “a local agent” and the words “official
delegate”, respectively.
412 Replace the section by the following section:
“412. No person may act as the official agent of a
national committee, his deputy or a local agent
unless he is qualified to vote.”
413 Replace the section by the following section:
“413. During a referendum period, only the official
agent of a national committee, his deputy or a local
agent may incur or authorize regulated expenses.
However, a non-affiliated elector authorized under
Division V may incur regulated publicity expenses
provided that the total of the expenses for the
entire referendum period does not exceed $1,000.”
414 Replace the section by the following section:
“414. An official agent, his deputy or a local
agent shall pay the cost of regulated expenses only
out of a referendum fund.”
415 Replace the section by the following section:
“415. No goods or services whose cost is wholly or
partly a regulated expense contemplated in section
403 may be used during a referendum period except by
the official agent of a national committee, his
deputy or a local agent, or with his authorization.”
416 Replace the section by the following section:
“416. No person may accept or execute an order for
regulated expenses not given or authorized by the
official agent of a national committee, his deputy,
a local agent or authorized advertising agency.”
417 Replace the words “election expense” and “election
period” in the first paragraph by the words
“regulated expense” and “referendum period”,
respectively.
421 Replace the words “an election” in the first
paragraph by the words “a referendum”.
Replace the words “or deputy” in the first, second
and third paragraphs by the words “, deputy or
local agent”.
421.1 Replace the second paragraph by the following
paragraph:
“Where the cost of the writing, object, material,
advertisement or publicity referred to in section
421 exceeds $1,000, the printer, manufacturer,
owner or radio or television broadcaster may only
mention or, as the case may be, indicate as the
person having caused the writing, object, material,
advertisement or publicity to be produced, published
or broadcast the name and title of the official agent
or deputy official agent of a national committee or
of the local agent of the official agent.”
422 Replace the words “the official agents of several
candidates”, the word “official”, and the word
“party” by the words “several local agents”,
the word “local” and the words “national
committee”, respectively.
424 Replace the word “election” in the first paragraph by
the word “regulated”.
425 Replace the first and second paragraphs by the
following paragraphs:
“425. Every person to whom an amount is due for
regulated expenses, other than expenses incurred by
a non-affiliated elector, shall present his claim to
the official agent or the local agent not later than
60 days after polling day. In no case may the
regulated expenses be paid by the official agent or
the local agent if the claim is presented to him
after that period has expired.
Where the official agent or local agent has died or
resigned and has not been replaced, the claim shall
be presented within the same time to the chairman of
the national committee or to the official agent, as
the case may be.”
426 Replace the section by the following section:
“426. Regulated expenses shall be limited so as
never to exceed for a national committee, during one
referendum, $1 per elector for all the electoral
divisions.
However, the national committee that represents the
option for which the fewest non-affiliated electors
have been authorized under section 457.6 to incur
regulated expenses may spend an additional amount to
50% of the difference between the expenses that
authorized non-affiliated electors favourable to one
option may incur and the expenses that may be
incurred by those favourable to the other option.
The amount is established by the chief electoral
officer who shall draw up a certificate and transmit
a copy to the chairman and the official agent of
each national committee not later than the tenth day
preceding polling day.”
427 Replace the section by the following section:
“427. For the purposes of section 426, the number of
electors is the greater of the number of electors
whose names are entered on the list of electors
produced upon the issue of a writ instituting a
referendum and the number of electors whose names
are entered on the list following revision.
The number is established by the chief electoral
officer who shall draw up a certificate thereof and
send a copy of the certificate to the chairman and
the official agent of each national committee.”
429 Replace the word “election” in the first paragraph by
the word “referendum”.
Strike out the second paragraph.
429.1 Replace the word “election” by the word
“referendum”.
430
431
434 Replace the first paragraph by the following
paragraph:
“434. The official agent of each national committee
and, through him, each local agent he has appointed
shall, within 90 days after polling day, deliver to
the chief electoral officer a return of the regulated
expenses incurred or authorized by them.”
Insert, after the second paragraph, the following
paragraph:
“The return must, in addition, indicate the name, the
complete address of the domicile of, and the amount
paid by, each elector whose total contribution to a
national committee exceeds $200.”
435 Replace the word “election” and the words and figure
“sections 432 and” by the word “regulated”
and the word “section”, respectively.
436 Replace the words “sections 432 and” in the first
paragraph by the word “section”.
Replace the words “leader of the party or to the
candidates if they so request” in the second
paragraph by the words “chairman of the national
committee if he so requests”.
437 Replace the section by the following section:
“437. In addition to regulated expenses, the
official agent and the local agent must indicate in
the returns prescribed in section 434 the source of
the sums paid into the referendum fund put at their
disposal.
They must also indicate
(1) the financial institutions with which the sums
collected by the national committee have been
deposited and the account numbers used;
(2) the total amount of contributions of $200 or
less;
(3) the total amount of contributions of over $200;
(4) the total of the amounts transferred or loaned by
the official representative of an authorized party.”
438 Replace the words and figure “sections 432 and” in
the first paragraph by the word “section”.
Replace the word “election” in the second paragraph
by the word “referendum”.
439
440 Replace the second paragraph by the following
paragraph:
“If the claim is not contested by the official agent,
he shall forward to the chief electoral officer the
necessary additional sum, out of his referendum fund,
to enable him to discharge the claim.”
441 Replace the section by the following section:
“441. On filing the return prescribed by section
434, the official agent of a national committee shall
keep the remaining sums or goods in his referendum
fund.
The sums and goods may be used only for political,
religious, scientific or charitable purposes.”
443 Replace the words “a candidate or party leader” in
the second paragraph by the words “the chairman or
official agent of the national committee”.
444 Replace the words “a candidate or party leader” by
the words “the chairman or official agent of a
national committee”.
Strike out the figure and word “432 or”.
445 Replace the section by the following section:
“445. Before filing the return and declaration
prescribed in section 434, an official agent and a
local agent must have discharged all the claims
received within the period prescribed in section 425
unless they contest them and indicate them as
contested.
In no case may the official agent, the local agent or
the national committee pay a claim so contested.
Only the official agent may pay the claim in
execution of a judgment of a competent tribunal in
favour of the creditor after the hearing of the case
and not upon an acquiescence in the demand or an
agreement of settlement.
The chief electoral officer may, if no national
committee objects, authorize the official agent of a
national committee to pay a contested claim if the
refusal or failure to pay results from bona fide
error.”
446 Insert the words “or local agent” after the word
“agent”.
447 Replace the word “representative” and the words
“return of election expenses” by the
word “agent” and the words “returns of
regulated expenses”, respectively.
448 Replace the section by the following section:
“448. The judge having jurisdiction to decide an
application under sections 443 to 446 is the chief
judge of the Court of Québec.
No application under the first paragraph may be
heard without a notice of at least three clear days
to the chief electoral officer and to the chairman
of each national committee.”
457.2 Replace the section by the following section:
“457.2. Only an elector or a group not endowed with
legal personality and composed in the majority of
natural persons who are qualified electors may apply
for authorization as a neutral intervenor.
Only an elector who cannot join a national committee
may apply for authorization as a non-affiliated
elector.
Neutral intervenors and non-affiliated electors are
private intervenors.”
457.3 Replace subparagraphs 3 to 6 of the first paragraph
by the following subparagraphs:
(3) in the case of a neutral intervenor, state
briefly the purpose of the application and declare
that he does not intend to directly promote or
oppose either option;
(4) in the case of a non-affiliated elector,
indicate which option he intends to promote and
state briefly why he cannot join a national
committee;
(5) declare that he is not associated with and has
not contributed to either national committee;
(6) declare that he is not acting directly or
indirectly on behalf of either national committee;”.
Insert, at the beginning of subparagraph 7 of the
first paragraph, the following: “in the case of a
neutral intervenor,”.
457.4 Replace the words “any candidate or party” at the
end of subparagraph 5 of the first paragraph by the
words “either option”.
Replace subparagraph 6 of the first paragraph by the
following subparagraph:
“(6) state briefly the purpose of the application,”.
Replace the words “any candidate or party” at the
end of subparagraph 7 of the first paragraph by the
words “either national committee”.
Replace the words “a member of any party” at the
end of subparagraph 8 of the first paragraph by the
words “associated with and has not contributed to
either national committee”.
457.5
457.6
457.7 Replace the word “election” in the first paragraph
by the word “referendum”.
Replace the words “a candidate” in the second
paragraph by the words “an official delegate”.
457.8 Replace the section by the following section:
“457.8. Not later than the tenth day preceding
polling day, the returning officer shall transmit
to the national committees and to each official
delegate a list of the authorizations which have
been granted.
The list shall indicate the name of each private
intervenor, the name of the private intervenor’s
representative, if any, and the number and date of
the authorization. The list shall also indicate
whether the private intervenor is a neutral
intervenor or a non-affiliated elector and, in
the latter case, the option that the non-affiliated
elector intends to promote.”
457.9 Replace the words “an election” in the first
paragraph by the words “a referendum”.
457.10
457.11
457.12 Replace the section by the following section:
“457.12. A private intervenor who is an elector or
the representative of a private intervenor may not
join or contribute to a national committee during the
referendum period.”
457.13 Replace the section by the following section:
“457.13. A neutral intervenor may not incur
expenses that are not related to the purpose stated
in the application for authorization or that
directly promote or oppose either option.
A non-affiliated elector may not incur expenses that
do not promote the option indicated in the
application for authorization.”
457.14
to
457.16
457.17 Replace the figure “$25” in the first paragraph by
the figure “$60”.
457.18
to
457.20
457.21 Replace the words “a judge of the Court of Québec”
in the first paragraph by the words “the Conseil du
référendum”.
Replace the word “court” in the third paragraph and
the word “judge” in the last paragraph by the word
“council”.
485 Strike out the second, third and fourth paragraphs.
486
487 Replace the section by the following section:
“487. In respect of the financing of national
committees and the control of regulated expenses, he
shall, in particular,
(1) verify that the national committees, official
agents and their deputies and local agents are
complying with the provisions of the Act;
(2) receive and examine the return of regulated
expenses;
(3) inquire into the legality of contributions and
regulated expenses.”
488 Replace the words “political parties” in paragraph 4
by the words “national committees”.
Replace, in paragraph 5, the words “political party”
by the words “national committee”, the word
“candidates” by the word “committees” and the word
“parties” by the words “national committees”.
488.1 Replace the word “election” in the first line and in
the last line by the word “referendum” and replace
the words “this Act” by the words “the Referendum Act
(chapter C-64.1)”.
489.1 Replace the words “authorized parties represented in
the National Assembly” by the words “national
committees” and strike out the words “, the filing of
nomination papers”.
490 Replace the words “election period or during an
enumeration or revision period” in the first
paragraph by the words “referendum period”.
Replace “authorized parties represented in the National
Assembly” by “national committees” and “other
authorized parties, the candidates” by “official
delegates” ;
Strike out the words “or the end of the enumeration
or revision” in the third paragraph.
491
to
494
496 Strike out the first paragraph.
In the second paragraph, change in French; no change
necessary in English.
497
498
512
551
to
551.4
553 Replace the word “candidate” in paragraph 3 by the
words “national committee”.
553.1 Replace the word “election” in paragraph 1 by the
word “referendum”.
554 Replace the word “election” in paragraph 2 by the
word “referendum”.
Strike out the words “of election” in paragraph 3.
555
556 Strike out paragraph 4.
556.1 Replace the words “an election” in paragraphs 1 and
2 by the words “a referendum”.
557 Replace the word “election” by the word “referendum”.
558 Replace the words “every candidate or every person
who later becomes a candidate” in subparagraph 1 of
the first paragraph by the words “every official
delegate”.
Replace the words “a candidate” in subparagraph 2 of
the first paragraph by the words “an option”.
Replace the word “election” in subparagraph 1 of
the second paragraph by the word “regulated”.
Replace the words “the election of a candidate at
an election” in subparagraphs 1 and 2 of the second
paragraph by the words “an option submitted at a
referendum”.
559 Insert, after the word “agent”, the words “or any
local agent”.
Replace the word “election” in paragraph 1 by the
word “regulated”.
559.1 Replace the words “an election” in paragraph 1 by
the words “a regulated”.
560 Replace the words “candidate or party leader” by the
words “chairman or official delegate of a national
committee” and the word “election” by the word
“regulated”.
563 Replace the section by the following section:
“563. Every person who fails to file a report or
return of regulated expenses or the report referred
to in section 457.18 is liable to a fine of $50 for
each day of delay.”
564 Replace the section by the following section:
“564. Every person who contravenes any of sections
66, 87, 90 to 93, 95 to 97, 99, 100, 104, 105, 410,
413 to 417, 421, 421.1, 422, 424, 429, 429.1, 457.9
and 457.11 to 457.17 is liable to a fine of $500 to
$10,000.”
565
566
567 Strike out the following in the first paragraph: “,
in paragraph 4 of section 556”.
Replace the word “election” in the second paragraph
by the word “regulated” and insert after the word
“agent” the words “or the local agent”.
568 Strike out the second paragraph.
568.1
569 Replace the words “Such proceedings” in the second
paragraph by the words “Proceedings are instituted
before the Court of Québec. They”.
570 Replace the words “an election” in the first
paragraph by the words “a referendum”.
571
to
573
SCHEDULE II
Strike out “, 481, 499, 509, 529, 534”.
Replace “Election Act (Revised Statutes of Québec,
chapter E-3.3)” by “Referendum Act”.
APPENDIX 2
(Sections 44, 45)
PROVISIONS APPLICABLE TO THE HOLDING OF A REFERENDUM
ELECTION ACT (chapter E-3.3)
SECTIONS AMENDMENTS
1 Replace the words “Referendum Act (chapter
C-64.1)” in subparagraph 5 of the first
paragraph by the words “Election Act (chapter
E-3.3)”.
2
3 Replace the fourth paragraph by the following:
“An elector who is a Member of the National Assembly
representing an electoral division other than the
electoral division in which he is domiciled may be
considered to be domiciled either in the polling
subdivision of his domicile or in the polling
subdivision where the main office he uses as a
Member of the National Assembly in the electoral
division he represents is situated.”
Replace the words “election period” in the fifth
paragraph by the words “referendum period”.
4
46 Replace the first paragraph by the following
paragraph:
“46. An official agent may resign by sending a
written notice to that effect to the chairman of the
national committee.”
Replace the words “Within 30 days of resigning, the
official representative shall file with the party,
the party authority, the independent Member or the
independent candidate” in the second paragraph by
the words “Within 30 days of resigning, the
official agent shall file with the national
committee”, and the words “financial report” by
the words “return of regulated expenses”.
Replace the words “an authorized entity no longer has
an official representative, another official
representative” in the third paragraph by the words
“a national committee no longer has an official
agent, another official agent”.
Replace the words “official representative or of a
delegate” in the fourth paragraph by the words
“official agent”.
60 Replace the section by the following section:
“60. The official agent of a national committee is
authorized to solicit and collect contributions until
polling day.
After polling day, the official agent is authorized
to solicit and collect contributions only for the
purpose of paying the debts arising from his
regulated expenses and to dispose, in accordance with
the second paragraph of section 441, of the sums and
property derived from his referendum fund.”
66 Replace the section by the following section:
“66. Where the chairman of a national committee
resigns, he shall so notify the chief electoral
officer in writing without delay.”
87 Strike out the second paragraph.
88 Replace the first paragraph by the following
paragraph:
“88. Sums of money donated to a national committee
and services rendered and goods furnished to it for
the purposes of promoting an option submitted to a
referendum are contributions.”
Strike out subparagraphs 2 and 3 of the second
paragraph.
Replace subparagraph 4 of the second paragraph by
the following subparagraph:
“(4) a loan granted to a national committee at the
current market rate of interest at the time it is
granted by an authorized political party;”.
Strike out subparagraphs 5 and 6 of the second
paragraph.
Replace subparagraph 7 of the second paragraph by the
following subparagraph:
“(7) air time on the radio or television or space in
the newspaper, periodical or other printed matter
available free of charge to national committees by
any radio, television or cable broadcaster or any
owner of a newspaper, periodical or other printed
matter, provided he offers such service equitably as
to quality and quantity to each national committee;”.
Replace subparagraph 8 of the second paragraph by
the following subparagraph:
“(8) transfers of funds between:
(a) an authorized party and the referendum fund of
a national committee;
(b) the referendum fund of a national committee and
the referendum fund put at the disposal of a local
agent.”
90
91 Replace the first paragraph by the following
paragraph:
“91. The total of contributions to each national
committee by the same elector in the same referendum
shall not exceed the amount of $3 000.”
Replace the words “an authorized entity” in the
second paragraph by the words “a national committee”.
92 Replace the first paragraph by the following
paragraph:
“92. Contributions shall not be solicited except
under the responsibility of the official agent of a
national committee, or except through persons
designated in writing by the official agent.”
Replace the word “representative” in the second
paragraph by the word “agent”.
93 Replace the words “representative of the authorized
entity” by the words “agent of the national
committee”.
94 Replace the section by the following section:
“94. The local agent has, for the electoral division
for which he is appointed, the powers conferred on
the official agent of the national committee by
sections 92, 93 and 96.”
95
96 Replace the word “representative” by the word
“agent”.
97 Replace the words “authorized entity” by the words
“national committee”.
98 Replace the words “authorized entity” by the words
“national committee”.
99 Replace the words “authorized entity” by the words
“official agent”.
100
104 Replace the words “representative of an authorized
entity” by the words “agent of a national committee”.
105 Add, after the second paragraph, the following
paragraph:
“The principal of, and interest on, every loan must
be paid before the return of the regulated expenses
is sent.”
131
132 Replace the words “party authority at the level of
the electoral division” in the first paragraph by the
words “authority, at the level of the electoral
division, of an authorized party represented in the National
Assembly”.
133 Replace the word “election” by the word “referendum”.
134 Replace the words “political parties and independent
candidates” by the words “national committees”, and
the words “election expenses” by the words
“regulated expenses”.
135 Replace the words “particulars that will be contained
in” in the fourth and fifth lines by the words
“question that will appear on”.
136
137 Replace the word “candidate” in the second paragraph
by the words “national committee”.
Replace the word “election” in the third paragraph
by the word “referendum”.
138
to
144
145 Replace the word “election” in the first paragraph by
the word “referendum”.
146 Replace the section by the following section:
“146. Not later than the twenty-seventh day
preceding polling day, the returning officer shall
transmit to the national committees and to each
official delegate the list of electors for the
electoral division, the list of electors entitled
to exercise their right to vote outside Québec
for the division and the list of addresses for
which no electors’ names are entered.
The lists shall be transmitted in computerized form
and in duplicate copies.
For the purposes of this Act, “official delegate”
means a person appointed as such by the chairman of
a national committee to represent him in an electoral
division.”
147 Replace the word “election” in the first paragraph by
the word “referendum”.
Replace the word “parties” in the second paragraph by
the words “national committees”.
179
to
181
182 Replace the section by the following section:
“182. The returning officer shall inform the chief
electoral officer, the national committees and each
official delegate of the places selected.”
183
184 Replace the section by the following section:
“184. The returning officer shall appoint two
revisors not later than Wednesday of the fourth
week preceding that of the polling.
The first revisor shall be appointed on the
recommendation of the official delegate of the
national committee which has the greatest number of
Members of the National Assembly.
The second revisor shall be appointed on the
recommendation of the official delegate of the
national committee which has the second greatest
number of Members of the National Assembly.”
186 Strike out the first paragraph.
187 Replace the words “parties represented in the
National Assembly” by the words “national
committees referred to in section 184”.
188 Replace the section by the following section:
“188. The revisor recommended by the national
committee to which the greatest number of
Members of the National Assembly belong shall act as
vice-chairman of the board of revisors.”
189 Replace the section by the following section:
“189. The returning officer shall post, in his
office, the list of revisors appointed to each board
of revisors and shall transmit it to the chief
electoral officer, the national committees and each
official delegate.”
190
to
213
214 Replace the word “election” in the third paragraph by
the word “referendum”.
215
to
217
218 Replace the word “candidate” in the first paragraph
by the words “official delegate”.
227
to
231.1
231.2 Replace the word “candidate” in the second paragraph
by the words “official delegate”.
231.3
to
231.13
231.14 Replace `candidate´ in the second paragraph by `official
delegate´.
233 Replace the word “election” by the word
“referendum”.
248 Replace the first and second paragraphs by the
following paragraphs:
“248. Every employer shall, upon written request,
grant a leave without pay to an employee who acts as
the chairman of a national committee or as an
official delegate. The request may be made at any
time from the date of the writ instituting the
holding of a referendum.
The employee’s leave begins on the day requested by
the employee and ends on the thirtieth day following
polling day.”
249 Replace the first and second paragraphs by the
following paragraphs:
“249. Every employer shall, upon written request,
grant a leave without pay to an employee who acts as
the official agent of a national committee. The
request may be made at any time from the date of the
writ instituting the holding of a referendum.
The employee’s leave begins on the day requested by
the employee and ends on the ninetieth day following
polling day.”
250
251 Replace the words “a candidate or” by the words
“the chairman of a national committee, an official
delegate or an”.
252
to
255
259.1 Replace the word “election” by the word “referendum”
and the words “an election” by the words “a
referendum”.
259.2 Replace the word “Election” in the first and second
paragraphs by the word “Referendum”.
259.3 Replace the word “Election” by the word
“Referendum”.
259.4 Replace the word “election” by the word
“referendum”.
259.5 Replace the word “election” in the first and second
paragraphs by the word “referendum”.
259.6
259.7 Replace the words “Election” and “election” in the
first and third paragraphs by the words “Referendum”
and “Referendum”.
259.8 Replace the word “election” in the first paragraph
by the word “referendum”.
Replace the words “party or candidate concerned” in
the first paragraph by the words “national committee
concerned”.
Replace the words “party, candidate” in the second
paragraph by the words “national committee”.
259.9 Replace the words “The party, candidate” by the
words “The national committee”.
260 Replace the section by the following section:
“260. Upon receipt of a copy of the writ, the
returning officer shall publish a notice of poll.
The notice of poll shall set forth
(1) the text of the question put to the electors;
(2) the days and hours of polling at advance polling
stations;
(3) the day and hours of polling at polling stations;
(4) the name of every national committee and, for
each of them, the name of the chairman and of
the official agent, and, for the
division, the given name and surname of the official
delegate and of the local agent.”
261 Replace the words “candidate or his mandatary” by the
words “official delegate”.
262 Replace the words “candidate and each party authority
at the level of the electoral division” in the first
paragraph by the words “official delegate”.
263 Replace the figure “317” by the figures “310, 312 to
317”.
264
to
269
270 Replace the words “the candidates” by the words “each
official delegate”.
271 Replace the words “candidate or his mandatary; the
latter may attend and may affix their” in the third
paragraph by the words “official delegate; he may
attend and may affix his”.
272
273 Replace the words “general election” in the first
paragraph by the word “referendum”.
Replace the words “of his domicile” in the third
paragraph by the words “where the house of detention
is situated”.
274 Replace the words “chief electoral officer” in the
third paragraph by the words “returning officer of
the electoral division concerned”.
Add, after the third paragraph, the following
paragraph:
“The returning officer shall ensure that the list
remains confidential.”
275
276 Replace the words “authorized party” by the words
“official delegate of a national committee”.
278 Replace the section by the following section:
“278. The returning officer referred to in section
275 shall give the deputy returning officer a sealed
ballot box containing the ballot papers, the list of
electors of the house of detention, the poll book and
the materials required for the poll. He shall also
give him directives on the work of the polling
officers.”
279
280 Strike out the second paragraph.
282 Replace the section by the following section:
“282. The counting of the votes shall be effected in
accordance with section 272.”
286
to
289
290 Replace the word “candidates” by the words “official
delegates”.
291
to
293.4
293.5 Strike out the words “and a list of the places where
the elector may consult the list of candidates” in
the first paragraph.
Strike out the words “be in the form prescribed by
Schedule IV and shall” in the second paragraph.
296
to
299
300 Replace the section by the following section:
“300. The counting of the votes of electors outside
Québec shall be proceeded with in accordance with
section 272, adapted as required.
However, the counting shall be proceeded with at the
place and time fixed by the chief electoral officer.
The deputy returning officer shall, for each
electoral division, draw up a statement of votes and
an abstract from such statement that he shall deliver
to the chief electoral officer or the person
designated by him, together with the ballot box.
The chief electoral officer shall forthwith
communicate the results to each returning officer
concerned and transmit to him the abstract from the
statement of votes which concerns him.”
302 Replace the word “candidate” in the fifth paragraph
by the words “official delegate”.
303
to
305
306 Replace the words “an election” in the first
paragraph by the words “a referendum”.
307
to
309
310 Replace the section by the following section:
“310. In every polling station, the returning
officer shall appoint, as deputy returning officer,
the person recommended by the official delegate of
the national committee which has the greatest number
of Members in the National Assembly.
He shall appoint, as poll clerk, the person
recommended by the official delegate of the national
committee which has the second greatest number of
Members in the National Assembly.
Where the two national committees have an equal
number of Members in the National Assembly, the
chief electoral officer shall determine, by a drawing
of lots, which committee is deemed to have the
greatest number of Members or, as the case may be,
the second greatest number of Members in the National
Assembly.”
312
312.1
313 Replace the word “candidate” in the first paragraph
by the words “official delegate”.
Replace the word “candidates” in the second paragraph
by the words “official delegates”.
314
315
316 Replace the section by the following section:
“316. The official delegate of each national
committee may designate a person and give him a power
of attorney to represent the national committee
before the deputy returning officer or the officer in
charge of information and order, or before each of
them.”
317 Replace the words “candidate or his mandatary” by the
words “official delegate”.
318 Replace the words “A candidate” by the words “The
official delegate of each national committee”.
319 Replace the words “candidate or his mandatary” by the
words “official delegate”.
320 Strike out the words “in accordance with the model
provided in Schedule III and” in the first paragraph.
321
to
323
324 Replace the section by the following section:
“324. The ballot paper must contain on the obverse
a space specially reserved for the wording of the
question.”
325
to
327
328 Replace the word “candidates” in the second paragraph
by the words “national committees”.
329
to
333
334 Replace the words “candidates and their mandataries”
by the words “chairmen of national committees and
their official delegates”.
335
to
341
342 Replace the word “candidate” by the words “national
committee”.
343
to
347
348 Replace the words “then indicate to him the order in
which the candidates appear on the ballot paper and
the indications entered under their names, where such
is the case” by the words “read the question and
indicate to him the order in which the options appear
on the ballot paper”.
349
350 Replace the word “candidate” in the first paragraph
by the words “national committee”.
Replace the word “election” in subparagraph 8 of the
first paragraph by the word “referendum”, the words
“a candidate” in subparagraph 4 of the first
paragraph by the words “an option” and the word
“election” in subparagraph 5 of the first paragraph
by the word “referendum”.
351
352 Strike out the word “political” in the first
paragraph and replace the words “a party or
candidate” in the first paragraph by the
words “an option submitted to a referendum”.
Replace the words “party or candidate promoted by
the publicity” in the second paragraph by the words
“national committee concerned”.
353
to
355
356 Replace the section by the following section:
“356. No elector may, on the premises of a polling
station, indicate, in any manner, the option in
favour of which he intends to vote or has voted.”
357 Replace the section by the following section:
“357. No official delegate, representative or
election officer may, on the premises of a polling
station, attempt to learn the option in favour of
which an elector intends to vote or has voted.”
358 Replace the section by the following section:
“358. No official delegate, representative, election
officer or elector who has given assistance to
another elector may disclose the option for which
the elector has voted.”
359 Replace the word “whom” by the words “which option”.
360 Replace the word “candidate” by the words “official
delegate”.
361
to
363
364 Replace the word “candidate” in subparagraph 4 of the
second paragraph by the word “option” and the words
“a person who is not a candidate” in subparagraph 5
of the second paragraph by the words “an option which
is not one of the options submitted to the
referendum”.
365
366 Replace the words “a candidate or the representative
of a candidate” by the words “an official delegate or
his representative”.
366.1
367 Replace the word “candidate” in the first paragraph
by the word “option”.
368 Replace the word “candidate” by the words “official
delegate”.
369
370
371 Replace the words “candidate or his mandatary” in the
first paragraph by the words “official delegate”.
Replace the words “candidate, mandatary” in the
second paragraph by the words “official delegate”.
372 Replace the word “candidate” in the first paragraph
by the word “option”.
Replace the figure “285” in the second paragraph by
the figure “300”.
373
374
375 Replace the words “declare elected the candidate who”
in the first paragraph by the words “announce the
option which”.
377 Replace the words “declare elected the candidate who”
and the word “candidate” in the first paragraph by
the words “issue a declaration indicating the option
which” and the words “official delegate”,
respectively.
378 Replace the word “election” in the first paragraph by
the word “referendum”.
379 Replace the word “election” by the word “referendum”.
380 Replace the section by the following section:
“380. The chief electoral officer shall, as soon as
possible, publish a notice in the Gazette officielle
du Québec indicating, for each electoral division,
the number of votes for each of the options
appearing on the ballot paper.”
381 Replace the word “election” which appears twice in
the first paragraph by the word “referendum”.
401 Replace the section by the following section:
“401. For the purposes of sections 403, 415, 416,
417 and 421, the expression “regulated expenses”
includes expenses referred to in paragraph 10 of
section 404 and the expression “official agent”
includes a private intervenor within the meaning of
Division V if the private intervenor is an elector,
and a representative of a private intervenor if the
private intervenor is a group of electors.”
402 Replace the section by the following section:
“402. The cost of any goods or services used during
the referendum period to promote or oppose, directly
or indirectly, an option submitted to a referendum is
a regulated expense.”
403 Replace the words “election period” by the words
“referendum period”.
Replace the words “election expenses” by the words
“regulated expenses”.
404 Replace the section by the following section:
“404. The following are not regulated expenses:
(1) the cost of publishing articles, editorials,
news, interviews, columns or letters to the editor in
a newspaper, periodical or other publication,
provided that they are published without payment,
reward or promise of payment or reward, that the
newspaper, periodical or other publication is not
established for the purposes or in view of the
referendum and that the circulation and frequency of
publication are as what obtains outside the
referendum period;
(2) the cost at fair market value of producing,
promoting and distributing a book that was planned to
be put on sale at the prevailing market price
regardless of the issue of the writ;
(3) the cost of broadcasting by a radio or television
station of a program of public affairs, news or
commentary, provided that the program is broadcast
without payment, reward or promise of payment or
reward;
(4) the reasonable expenses incurred by a person, out
of his own money, for meals and lodging while
travelling for referendum purposes, if the expenses
are not reimbursed to him;
(5) the transportation costs of a person, paid out of
his own money, if the costs are not reimbursed to
him;
(5.1) the cost of the food and beverages served at a
political activity where the cost is included in the
entrance fee paid by participants;
(6) the reasonable expenses incurred for the
publication of explanatory commentaries on this Act
and the regulations thereunder, provided the
commentaries are strictly objective and contain no
publicity of such a nature as to favour or oppose an
option submitted to a referendum;
(7) the reasonable ordinary expenses incurred for the
day-to-day operations of not more than two permanent
offices of an authorized party the addresses of which
are entered in the registers of the chief electoral
officer;
(8) interest accrued from the beginning of the
referendum period to the day occurring 90 days after
polling day, on any loan lawfully granted to an
official agent for regulated expenses, unless the
official agent has declared them as regulated
expenses in his return of regulated expenses;
(9) the expenses incurred for the holding of
meetings, the total of which does not exceed $600
for the entire referendum period, including the
renting of halls and the convening of participants,
provided the meetings are not directly or
indirectly organized on behalf of a national
committee;
(10) the publicity expenses, the total of which
does not exceed $1,000 for the entire referendum
period, incurred by a neutral intervenor authorized
under Division V, without directly promoting or
opposing an option, to advocate abstention or the
spoiling of ballots.
For the purposes of subparagraph 7 of the first
paragraph, the permanent office of an authorized
party is the office where the employees of the party
or of a body associated with it for the purpose of
attaining its objects and recognized by the leader of
the party for such a purpose by a letter addressed to
the chief electoral officer before the seventh day
following the issue of the writ, work on a permanent
basis, outside the referendum period, at ensuring the
dissemination of the party’s political program and
coordinating the political action of the party
members.”
405 Replace the words “election expenses, an authorized
party” in the first paragraph by the words “regulated
expenses, a national committee”.
Replace the second paragraph by the following
paragraph:
“The official agent shall be appointed by the
chairman of the national committee who shall notify
it to the chief electoral officer.”
Replace the words “leader of the party” in the third
paragraph by the words “chairman of the national
committee”.
Replace the words “a party” in the fourth paragraph
by the words “a national committee”.
406 Replace the section by the following section:
“406. Only one official agent is appointed for each
national committee.
However, the official agent may, with the approval of
the chairman of the national committee, appoint the
required number of deputies and, for each electoral
division, a local agent. He shall notify the chief
electoral officer and the returning officer thereof
in writing.
The official agent may authorize them to incur or
authorize regulated expenses up to the amount he
fixes in their deeds of appointment. The amount may
be changed at any time, in writing, by the official
agent before he files his return of regulated
expenses.
Any regulated expense incurred by the deputy of the
official agent or by a local agent is deemed to be
incurred by the official agent up to the amount fixed
in the deed of appointment.
The deputy and the local agent shall provide the
official agent of the national committee with a
detailed statement of expenses incurred or authorized
by them.”
407 Replace the first paragraph by the following
paragraph:
“407. An official agent or local agent may, in
writing, authorize an advertising agency to incur or
order regulated expenses up to the amount he fixes
in the authorization. That amount may be changed, by
the official agent or the local agent, as the case
may be, in writing, at any time before he files his
return of regulated expenses.”
Insert the words “or the local agent, as the case may
be” after the word “agent” in the second paragraph.
410 Replace the section by the following section:
“410. If the official agent dismisses a local agent,
he shall notify it in writing to the returning
officer. He may appoint another local agent.”
411 Replace the words “an official agent” in the first
paragraph by the words “a local agent”.
Replace the words “an official agent” and the words
“candidate or his mandatary” in the second paragraph
by the words “a local agent” and the words “official
delegate”, respectively.
412 Replace the section by the following section:
“412. No person may act as the official agent of a
national committee, his deputy or a local agent
unless he is qualified to vote.”
413 Replace the section by the following section:
“413. During a referendum period, only the official
agent of a national committee, his deputy or a local
agent may incur or authorize regulated expenses.
However, a non-affiliated elector authorized under
Division V may incur regulated publicity expenses
provided that the total of the expenses for the
entire referendum period does not exceed $1,000.”
414 Replace the section by the following section:
“414. An official agent, his deputy or a local
agent shall pay the cost of regulated expenses only
out of a referendum fund.”
415 Replace the section by the following section:
“415. No goods or services whose cost is wholly or
partly a regulated expense contemplated in section
403 may be used during a referendum period except by
the official agent of a national committee, his
deputy or a local agent, or with his authorization.”
416 Replace the section by the following section:
“416. No person may accept or execute an order for
regulated expenses not given or authorized by the
official agent of a national committee, his deputy,
a local agent or authorized advertising agency.”
417 Replace the words “election expense” and “election
period” in the first paragraph by the words
“regulated expense” and “referendum period”,
respectively.
421 Replace the words “an election” in the first
paragraph by the words “a referendum”.
Replace the words “or deputy” in the first, second
and third paragraphs by the words “, deputy or
local agent”.
421.1 Replace the second paragraph by the following
paragraph:
“Where the cost of the writing, object, material,
advertisement or publicity referred to in section
421 exceeds $1,000, the printer, manufacturer,
owner or radio or television broadcaster may only
mention or, as the case may be, indicate as the
person having caused the writing, object, material,
advertisement or publicity to be produced, published
or broadcast the name and title of the official agent
or deputy official agent of a national committee or
of the local agent of the official agent.”
422 Replace the words “the official agents of several
candidates”, the word “official”, and the word
“party” by the words “several local agents”, the word
“local” and the words “national committee”,
respectively.
424 Replace the word “election” in the first paragraph by
the word “regulated”.
425 Replace the first and second paragraphs by the
following paragraphs:
“425. Every person to whom an amount is due for
regulated expenses, other than expenses incurred by
a non-affiliated elector, shall present his claim to
the official agent or the local agent not later than
60 days after polling day. In no case may the
regulated expenses be paid by the official agent or
the local agent if the claim is presented to him
after that period has expired.
Where the official agent or local agent has died or
resigned and has not been replaced, the claim shall
be presented within the same time to the chairman of
the national committee or to the official agent, as
the case may be.”
426 Replace the section by the following section:
“426. Regulated expenses shall be limited so as
never to exceed for a national committee, during one
referendum, $1 per elector for all the electoral
divisions.
However, the national committee that represents the
option for which the fewest non-affiliated electors
have been authorized under section 457.6 to incur
regulated expenses may spend an additional amount to
50% of the difference between the expenses that
authorized non-affiliated electors favourable to one
option may incur and the expenses that may be
incurred by those favourable to the other option.
The amount is established by the chief electoral
officer who shall draw up a certificate and transmit
a copy to the chairman and the official agent of
each national committee not later than the tenth day
preceding polling day.”
427 Replace the section by the following section:
“427. For the purposes of section 426, the number of
electors is the greater of the number of electors
whose names are entered on the list of electors
produced upon the issue of a writ instituting a
referendum and the number of electors whose names
are entered on the list following revision.
The number is established by the chief electoral
officer who shall draw up a certificate thereof and
send a copy of the certificate to the chairman and
the official agent of each national committee.”
429 Replace the word “election” in the first paragraph by
the word “referendum”.
Strike out the second paragraph.
429.1 Replace the word “election” by the word
“referendum”.
430
431
434 Replace the first paragraph by the following
paragraph:
“434. The official agent of each national committee
and, through him, each local agent he has appointed
shall, within 90 days after polling day, deliver to
the chief electoral officer a return of the regulated
expenses incurred or authorized by them.”
Insert, after the second paragraph, the following
paragraph:
“The return must, in addition, indicate the name, the
complete address of the domicile of, and the amount
paid by, each elector whose total contribution to a
national committee exceeds $200.”
435 Replace the word “election” and the words and figure
“sections 432 and” by the word “regulated” and the
word “section”, respectively.
436 Replace the words “sections 432 and” in the first
paragraph by the word “section”.
Replace the words “leader of the party or to the
candidates if they so request” in the second
paragraph by the words “chairman of the national
committee if he so requests”.
437 Replace the section by the following section:
“437. In addition to regulated expenses, the
official agent and the local agent must indicate in
the returns prescribed in section 434 the source of
the sums paid into the referendum fund put at their
disposal.
They must also indicate
(1) the financial institutions with which the sums
collected by the national committee have been
deposited and the account numbers used;
(2) the total amount of contributions of $200 or
less;
(3) the total amount of contributions of over $200;
(4) the total of the amounts transferred or loaned by
the official representative of an authorized party.”
438 Replace the words and figure “sections 432 and” in
the first paragraph by the word “section”.
Replace the word “election” in the second paragraph
by the word “referendum”.
439
440 Replace the second paragraph by the following
paragraph:
“If the claim is not contested by the official agent,
he shall forward to the chief electoral officer the
necessary additional sum, out of his referendum fund,
to enable him to discharge the claim.”
441 Replace the section by the following section:
“441. On filing the return prescribed by section
434, the official agent of a national committee shall
keep the remaining sums or goods in his referendum
fund.
The sums and goods may be used only for political,
religious, scientific or charitable purposes.”
443 Replace the words “a candidate or party leader” in
the second paragraph by the words “the chairman or
official agent of the national committee”.
444 Replace the words “a candidate or party leader” by
the words “the chairman or official agent of a
national committee”.
Strike out the figure and word “432 or”.
445 Replace the section by the following section:
“445. Before filing the return and declaration
prescribed in section 434, an official agent and a
local agent must have discharged all the claims
received within the period prescribed in section 425
unless they contest them and indicate them as
contested.
In no case may the official agent, the local agent or
the national committee pay a claim so contested.
Only the official agent may pay the claim in
execution of a judgment of a competent tribunal in
favour of the creditor after the hearing of the case
and not upon an acquiescence in the demand or an
agreement of settlement.
The chief electoral officer may, if no national
committee objects, authorize the official agent of a
national committee to pay a contested claim if the
refusal or failure to pay results from bona fide
error.”
446 Insert the words “or local agent” after the word
“agent”.
447 Replace the word “representative” and the words
“return of election expenses” by the word “agent” and
the words “returns of regulated expenses”,
respectively.
448 Replace the section by the following section:
“448. The judge having jurisdiction to decide an
application under sections 443 to 446 is the chief
judge of the Court of Québec.
No application under the first paragraph may be
heard without a notice of at least three clear days
to the chief electoral officer and to the chairman
of each national committee.”
457.2 Replace the section by the following section:
“457.2. Only an elector or a group not endowed with
legal personality and composed in the majority of
natural persons who are qualified electors may apply
for authorization as a neutral intervenor.
Only an elector who cannot join a national committee
may apply for authorization as a non-affiliated
elector.
Neutral intervenors and non-affiliated electors are
private intervenors.”
457.3 Replace subparagraphs 3 to 6 of the first paragraph
by the following subparagraphs:
(3) in the case of a neutral intervenor, state
briefly the purpose of the application and declare
that he does not intend to directly promote or
oppose either option;
(4) in the case of a non-affiliated elector,
indicate which option he intends to promote and
state briefly why he cannot join a national
committee;
(5) declare that he is not associated with and has
not contributed to either national committee;
(6) declare that he is not acting directly or
indirectly on behalf of either national committee;”.
Insert, at the beginning of subparagraph 7 of the
first paragraph, the following: “in the case of a
neutral intervenor,”.
457.4 Replace the words “any candidate or party” at the
end of subparagraph 5 of the first paragraph by the
words “either option”.
Replace subparagraph 6 of the first paragraph by the
following subparagraph:
“(6) state briefly the purpose of the application,”.
Replace the words “any candidate or party” at the
end of subparagraph 7 of the first paragraph by the
words “either national committee”.
Replace the words “a member of any party” at the
end of subparagraph 8 of the first paragraph by the
words “associated with and has not contributed to
either national committee”.
457.5
457.6
457.7 Replace the word “election” in the first paragraph
by the word “referendum”.
Replace the words “a candidate” in the second
paragraph by the words “an official delegate”.
457.8 Replace the section by the following section:
“457.8. Not later than the tenth day preceding
polling day, the returning officer shall transmit
to the national committees and to each official
delegate a list of the authorizations which have
been granted.
The list shall indicate the name of each private
intervenor, the name of the private intervenor’s
representative, if any, and the number and date of
the authorization. The list shall also indicate
whether the private intervenor is a neutral
intervenor or a non-affiliated elector and, in
the latter case, the option that the non-affiliated
elector intends to promote.”
457.9 Replace the words “an election” in the first
paragraph by the words “a referendum”.
457.10
457.11
457.12 Replace the section by the following section:
“457.12. A private intervenor who is an elector or
the representative of a private intervenor may not
join or contribute to a national committee during the
referendum period.”
457.13 Replace the section by the following section:
“457.13. A neutral intervenor may not incur
expenses that are not related to the purpose stated
in the application for authorization or that
directly promote or oppose either option.
A non-affiliated elector may not incur expenses that
do not promote the option indicated in the
application for authorization.”
457.14
to
457.16
457.17 Replace the figure “$25” in the first paragraph by
the figure “$60”.
457.18
to
457.20
457.21 Replace the words “a judge of the Court of Québec”
in the first paragraph by the words “the Conseil du
référendum”.
Replace the word “court” in the third paragraph and
the word “judge” in the last paragraph by the word
“council”.
485 Strike out the second, third and fourth paragraphs.
486
487 Replace the section by the following section:
“487. In respect of the financing of national
committees and the control of regulated expenses, he
shall, in particular,
(1) verify that the national committees, official
agents and their deputies and local agents are
complying with the provisions of the Act;
(2) receive and examine the return of regulated
expenses;
(3) inquire into the legality of contributions and
regulated expenses.”
488 Replace the words “political parties” in paragraph 4
by the words “national committees”.
Replace, in paragraph 5, the words “political party”
by the words “national committee”, the word
“candidates” by the word “committees” and the word
“parties” by the words “national committees”.
488.1 Replace the word “election” in the first line and in
the last line by the word “referendum” and replace
the words “this Act” by the words “the Referendum Act
(chapter C-64.1)”.
489.1 Replace the words “authorized parties represented in
the National Assembly” by the words “national
committees” and strike out the words “, the filing of
nomination papers”.
490
Replace the words “election period or during an
enumeration or revision period” in the first
paragraph by the words “referendum period”.
Replace “authorized parties represented in the National
Assembly” by “national committees” and “other authorized
parties, the candidates” by “official delegates” ;
Strike out the words “or the end of the enumeration
or revision” in the third paragraph.
491
to
494
496 Strike out the first paragraph.
In the second paragraph, change in French; no change
necessary in English.
497
498
512
551
to
551.4
553 Replace the word “candidate” in paragraph 3 by the
words “national committee”.
553.1 Replace the word “election” in paragraph 1 by the
word “referendum”.
554 Replace the word “election” in paragraph 2 by the
word “referendum”.
Strike out the words “of election” in paragraph 3.
555
556 Strike out paragraph 4.
556.1 Replace the words “an election” in paragraphs 1 and
2 by the words “a referendum”.
557 Replace the word “election” by the word “referendum”.
558 Replace the words “every candidate or every person
who later becomes a candidate” in subparagraph 1 of
the first paragraph by the words “every official
delegate”.
Replace the words “a candidate” in subparagraph 2 of
the first paragraph by the words “an option”.
Replace the word “election” in subparagraph 1 of
the second paragraph by the word “regulated”.
Replace the words “the election of a candidate at
an election” in subparagraphs 1 and 2 of the second
paragraph by the words “an option submitted at a
referendum”.
559 Insert, after the word “agent”, the words “or any
local agent”.
Replace the word “election” in paragraph 1 by the
word “regulated”.
559.1 Replace the words “an election” in paragraph 1 by
the words “a regulated”.
560 Replace the words “candidate or party leader” by the
words “chairman or official delegate of a national
committee” and the word “election” by the word
“regulated”.
563 Replace the section by the following section:
“563. Every person who fails to file a report or
return of regulated expenses or the report referred
to in section 457.18 is liable to a fine of $50 for
each day of delay.”
564 Replace the section by the following section:
“564. Every person who contravenes any of sections
66, 87, 90 to 93, 95 to 97, 99, 100, 104, 105, 410,
413 to 417, 421, 421.1, 422, 424, 429, 429.1, 457.9
and 457.11 to 457.17 is liable to a fine of $500 to
$10,000.”
565
566
567 Strike out the following in the first paragraph: “,
in paragraph 4 of section 556”.
Replace the word “election” in the second paragraph
by the word “regulated” and insert after the word
“agent” the words “or the local agent”.
568 Strike out the second paragraph.
568.1
569 Replace the words “Such proceedings” in the second
paragraph by the words “Proceedings are instituted
before the Court of Québec. They”.
570 Replace the words “an election” in the first
paragraph by the words “a referendum”.
571
to
573
SCHEDULE II
Strike out “, 481, 499, 509, 529, 534”.
Replace “Election Act (Revised Statutes of Québec, chapter E-3.3)” by
“Referendum Act”.
PROVISIONS APPLICABLE TO THE HOLDING OF A REFERENDUM
ELECTION ACT (chapter E-3.3)
SECTIONS AMENDMENTS
1 Replace the words “Referendum Act (chapter
C-64.1)” in subparagraph 5 of the first
paragraph by the words “Election Act (chapter
E-3.3)”.
2
3 Replace the fourth paragraph by the following:
“An elector who is a Member of the National Assembly
representing an electoral division other than the
electoral division in which he is domiciled may be
considered to be domiciled either in the polling
subdivision of his domicile or in the polling
subdivision where the main office he uses as a
Member of the National Assembly in the electoral
division he represents is situated.”
Replace the words “election period” in the fifth
paragraph by the words “referendum period”.
4
46 Replace the first paragraph by the following
paragraph:
“46. An official agent may resign by sending a
written notice to that effect to the chairman of the
national committee.”
Replace the words “Within 30 days of resigning, the
official representative shall file with the party,
the party authority, the independent Member or the
independent candidate” in the second paragraph by
the words “Within 30 days of resigning, the
official agent shall file with the national
committee”, and the words “financial report” by
the words “return of regulated expenses”.
Replace the words “an authorized entity no longer has
an official representative, another official
representative” in the third paragraph by the words
“a national committee no longer has an official
agent, another official agent”.
Replace the words “official representative or of a
delegate” in the fourth paragraph by the words
“official agent”.
60 Replace the section by the following section:
“60. The official agent of a national committee is
authorized to solicit and collect contributions until
polling day.
After polling day, the official agent is authorized
to solicit and collect contributions only for the
purpose of paying the debts arising from his
regulated expenses and to dispose, in accordance with
the second paragraph of section 441, of the sums and
property derived from his referendum fund.”
66 Replace the section by the following section:
“66. Where the chairman of a national committee
resigns, he shall so notify the chief electoral
officer in writing without delay.”
87 Strike out the second paragraph.
88 Replace the first paragraph by the following
paragraph:
“88. Sums of money donated to a national committee
and services rendered and goods furnished to it for
the purposes of promoting an option submitted to a
referendum are contributions.”
Strike out subparagraphs 2 and 3 of the second
paragraph.
Replace subparagraph 4 of the second paragraph by
the following subparagraph:
“(4) a loan granted to a national committee at the
current market rate of interest at the time it is
granted by an authorized political party;”.
Strike out subparagraphs 5 and 6 of the second
paragraph.
Replace subparagraph 7 of the second paragraph by the
following subparagraph:
“(7) air time on the radio or television or space in
the newspaper, periodical or other printed matter
available free of charge to national committees by
any radio, television or cable broadcaster or any
owner of a newspaper, periodical or other printed
matter, provided he offers such service equitably as
to quality and quantity to each national committee;”.
Replace subparagraph 8 of the second paragraph by
the following subparagraph:
“(8) transfers of funds between:
(a) an authorized party and the referendum fund of
a national committee;
(b) the referendum fund of a national committee and
the referendum fund put at the disposal of a local
agent.”
90
91 Replace the first paragraph by the following
paragraph:
“91. The total of contributions to each national
committee by the same elector in the same referendum
shall not exceed the amount of $3 000.”
Replace the words “an authorized entity” in the
second paragraph by the words “a national committee”.
92 Replace the first paragraph by the following
paragraph:
“92. Contributions shall not be solicited except
under the responsibility of the official agent of a
national committee, or except through persons
designated in writing by the official agent.”
Replace the word “representative” in the second
paragraph by the word “agent”.
93 Replace the words “representative of the authorized
entity” by the words “agent of the national
committee”.
94 Replace the section by the following section:
“94. The local agent has, for the electoral division
for which he is appointed, the powers conferred on
the official agent of the national committee by
sections 92, 93 and 96.”
95
96 Replace the word “representative” by the word
“agent”.
97 Replace the words “authorized entity” by the words
“national committee”.
98 Replace the words “authorized entity” by the words
“national committee”.
99 Replace the words “authorized entity” by the words
“official agent”.
100
104 Replace the words “representative of an authorized
entity” by the words “agent of a national committee”.
105 Add, after the second paragraph, the following
paragraph:
“The principal of, and interest on, every loan must
be paid before the return of the regulated expenses
is sent.”
131
132 Replace the words “party authority at the level of
the electoral division” in the first paragraph by the
words “authority, at the level of the electoral
division, of an authorized party represented in the National
Assembly”.
133 Replace the word “election” by the word “referendum”.
134 Replace the words “political parties and independent
candidates” by the words “national committees”, and
the words “election expenses” by the words
“regulated expenses”.
135 Replace the words “particulars that will be contained
in” in the fourth and fifth lines by the words
“question that will appear on”.
136
137 Replace the word “candidate” in the second paragraph
by the words “national committee”.
Replace the word “election” in the third paragraph
by the word “referendum”.
138
to
144
145 Replace the word “election” in the first paragraph by
the word “referendum”.
146 Replace the section by the following section:
“146. Not later than the twenty-seventh day
preceding polling day, the returning officer shall
transmit to the national committees and to each
official delegate the list of electors for the
electoral division, the list of electors entitled
to exercise their right to vote outside Québec
for the division and the list of addresses for
which no electors’ names are entered.
The lists shall be transmitted in computerized form
and in duplicate copies.
For the purposes of this Act, “official delegate”
means a person appointed as such by the chairman of
a national committee to represent him in an electoral
division.”
147 Replace the word “election” in the first paragraph by
the word “referendum”.
Replace the word “parties” in the second paragraph by
the words “national committees”.
179
to
181
182 Replace the section by the following section:
“182. The returning officer shall inform the chief
electoral officer, the national committees and each
official delegate of the places selected.”
183
184 Replace the section by the following section:
“184. The returning officer shall appoint two
revisors not later than Wednesday of the fourth
week preceding that of the polling.
The first revisor shall be appointed on the
recommendation of the official delegate of the
national committee which has the greatest number of
Members of the National Assembly.
The second revisor shall be appointed on the
recommendation of the official delegate of the
national committee which has the second greatest
number of Members of the National Assembly.”
186 Strike out the first paragraph.
187 Replace the words “parties represented in the
National Assembly” by the words “national
committees referred to in section 184”.
188 Replace the section by the following section:
“188. The revisor recommended by the national
committee to which the greatest number of
Members of the National Assembly belong shall act as
vice-chairman of the board of revisors.”
189 Replace the section by the following section:
“189. The returning officer shall post, in his
office, the list of revisors appointed to each board
of revisors and shall transmit it to the chief
electoral officer, the national committees and each
official delegate.”
190
to
213
214 Replace the word “election” in the third paragraph by
the word “referendum”.
215
to
217
218 Replace the word “candidate” in the first paragraph
by the words “official delegate”.
227
to
231.1
231.2 Replace the word “candidate” in the second paragraph
by the words “official delegate”.
231.3
to
231.13
231.14 Replace `candidate´ in the second paragraph by `official
delegate´.
233 Replace the word “election” by the word
“referendum”.
248 Replace the first and second paragraphs by the
following paragraphs:
“248. Every employer shall, upon written request,
grant a leave without pay to an employee who acts as
the chairman of a national committee or as an
official delegate. The request may be made at any
time from the date of the writ instituting the
holding of a referendum.
The employee’s leave begins on the day requested by
the employee and ends on the thirtieth day following
polling day.”
249 Replace the first and second paragraphs by the
following paragraphs:
“249. Every employer shall, upon written request,
grant a leave without pay to an employee who acts as
the official agent of a national committee. The
request may be made at any time from the date of the
writ instituting the holding of a referendum.
The employee’s leave begins on the day requested by
the employee and ends on the ninetieth day following
polling day.”
250
251 Replace the words “a candidate or” by the words
“the chairman of a national committee, an official
delegate or an”.
252
to
255
259.1 Replace the word “election” by the word “referendum”
and the words “an election” by the words “a
referendum”.
259.2 Replace the word “Election” in the first and second
paragraphs by the word “Referendum”.
259.3 Replace the word “Election” by the word
“Referendum”.
259.4 Replace the word “election” by the word
“referendum”.
259.5 Replace the word “election” in the first and second
paragraphs by the word “referendum”.
259.6
259.7 Replace the words “Election” and “election” in the
first and third paragraphs by the words “Referendum”
and “Referendum”.
259.8 Replace the word “election” in the first paragraph
by the word “referendum”.
Replace the words “party or candidate concerned” in
the first paragraph by the words “national committee
concerned”.
Replace the words “party, candidate” in the second
paragraph by the words “national committee”.
259.9 Replace the words “The party, candidate” by the
words “The national committee”.
260 Replace the section by the following section:
“260. Upon receipt of a copy of the writ, the
returning officer shall publish a notice of poll.
The notice of poll shall set forth
(1) the text of the question put to the electors;
(2) the days and hours of polling at advance polling
stations;
(3) the day and hours of polling at polling stations;
(4) the name of every national committee and, for
each of them, the name of the chairman and of
the official agent, and, for the
division, the given name and surname of the official
delegate and of the local agent.”
261 Replace the words “candidate or his mandatary” by the
words “official delegate”.
262 Replace the words “candidate and each party authority
at the level of the electoral division” in the first
paragraph by the words “official delegate”.
263 Replace the figure “317” by the figures “310, 312 to
317”.
264
to
269
270 Replace the words “the candidates” by the words “each
official delegate”.
271 Replace the words “candidate or his mandatary; the
latter may attend and may affix their” in the third
paragraph by the words “official delegate; he may
attend and may affix his”.
272
273 Replace the words “general election” in the first
paragraph by the word “referendum”.
Replace the words “of his domicile” in the third
paragraph by the words “where the house of detention
is situated”.
274 Replace the words “chief electoral officer” in the
third paragraph by the words “returning officer of
the electoral division concerned”.
Add, after the third paragraph, the following
paragraph:
“The returning officer shall ensure that the list
remains confidential.”
275
276 Replace the words “authorized party” by the words
“official delegate of a national committee”.
278 Replace the section by the following section:
“278. The returning officer referred to in section
275 shall give the deputy returning officer a sealed
ballot box containing the ballot papers, the list of
electors of the house of detention, the poll book and
the materials required for the poll. He shall also
give him directives on the work of the polling
officers.”
279
280 Strike out the second paragraph.
282 Replace the section by the following section:
“282. The counting of the votes shall be effected in
accordance with section 272.”
286
to
289
290 Replace the word “candidates” by the words “official
delegates”.
291
to
293.4
293.5 Strike out the words “and a list of the places where
the elector may consult the list of candidates” in
the first paragraph.
Strike out the words “be in the form prescribed by
Schedule IV and shall” in the second paragraph.
296
to
299
300 Replace the section by the following section:
“300. The counting of the votes of electors outside
Québec shall be proceeded with in accordance with
section 272, adapted as required.
However, the counting shall be proceeded with at the
place and time fixed by the chief electoral officer.
The deputy returning officer shall, for each
electoral division, draw up a statement of votes and
an abstract from such statement that he shall deliver
to the chief electoral officer or the person
designated by him, together with the ballot box.
The chief electoral officer shall forthwith
communicate the results to each returning officer
concerned and transmit to him the abstract from the
statement of votes which concerns him.”
302 Replace the word “candidate” in the fifth paragraph
by the words “official delegate”.
303
to
305
306 Replace the words “an election” in the first
paragraph by the words “a referendum”.
307
to
309
310 Replace the section by the following section:
“310. In every polling station, the returning
officer shall appoint, as deputy returning officer,
the person recommended by the official delegate of
the national committee which has the greatest number
of Members in the National Assembly.
He shall appoint, as poll clerk, the person
recommended by the official delegate of the national
committee which has the second greatest number of
Members in the National Assembly.
Where the two national committees have an equal
number of Members in the National Assembly, the
chief electoral officer shall determine, by a drawing
of lots, which committee is deemed to have the
greatest number of Members or, as the case may be,
the second greatest number of Members in the National
Assembly.”
312
312.1
313 Replace the word “candidate” in the first paragraph
by the words “official delegate”.
Replace the word “candidates” in the second paragraph
by the words “official delegates”.
314
315
316 Replace the section by the following section:
“316. The official delegate of each national
committee may designate a person and give him a power
of attorney to represent the national committee
before the deputy returning officer or the officer in
charge of information and order, or before each of
them.”
317 Replace the words “candidate or his mandatary” by the
words “official delegate”.
318 Replace the words “A candidate” by the words “The
official delegate of each national committee”.
319 Replace the words “candidate or his mandatary” by the
words “official delegate”.
320 Strike out the words “in accordance with the model
provided in Schedule III and” in the first paragraph.
321
to
323
324 Replace the section by the following section:
“324. The ballot paper must contain on the obverse
a space specially reserved for the wording of the
question.”
325
to
327
328 Replace the word “candidates” in the second paragraph
by the words “national committees”.
329
to
333
334 Replace the words “candidates and their mandataries”
by the words “chairmen of national committees and
their official delegates”.
335
to
341
342 Replace the word “candidate” by the words “national
committee”.
343
to
347
348 Replace the words “then indicate to him the order in
which the candidates appear on the ballot paper and
the indications entered under their names, where such
is the case” by the words “read the question and
indicate to him the order in which the options appear
on the ballot paper”.
349
350 Replace the word “candidate” in the first paragraph
by the words “national committee”.
Replace the word “election” in subparagraph 8 of the
first paragraph by the word “referendum”, the words
“a candidate” in subparagraph 4 of the first
paragraph by the words “an option” and the word
“election” in subparagraph 5 of the first paragraph
by the word “referendum”.
351
352 Strike out the word “political” in the first
paragraph and replace the words “a party or
candidate” in the first paragraph by the
words “an option submitted to a referendum”.
Replace the words “party or candidate promoted by
the publicity” in the second paragraph by the words
“national committee concerned”.
353
to
355
356 Replace the section by the following section:
“356. No elector may, on the premises of a polling
station, indicate, in any manner, the option in
favour of which he intends to vote or has voted.”
357 Replace the section by the following section:
“357. No official delegate, representative or
election officer may, on the premises of a polling
station, attempt to learn the option in favour of
which an elector intends to vote or has voted.”
358 Replace the section by the following section:
“358. No official delegate, representative, election
officer or elector who has given assistance to
another elector may disclose the option for which
the elector has voted.”
359 Replace the word “whom” by the words “which option”.
360 Replace the word “candidate” by the words “official
delegate”.
361
to
363
364 Replace the word “candidate” in subparagraph 4 of the
second paragraph by the word “option” and the words
“a person who is not a candidate” in subparagraph 5
of the second paragraph by the words “an option which
is not one of the options submitted to the
referendum”.
365
366 Replace the words “a candidate or the representative
of a candidate” by the words “an official delegate or
his representative”.
366.1
367 Replace the word “candidate” in the first paragraph
by the word “option”.
368 Replace the word “candidate” by the words “official
delegate”.
369
370
371 Replace the words “candidate or his mandatary” in the
first paragraph by the words “official delegate”.
Replace the words “candidate, mandatary” in the
second paragraph by the words “official delegate”.
372 Replace the word “candidate” in the first paragraph
by the word “option”.
Replace the figure “285” in the second paragraph by
the figure “300”.
373
374
375 Replace the words “declare elected the candidate who”
in the first paragraph by the words “announce the
option which”.
377 Replace the words “declare elected the candidate who”
and the word “candidate” in the first paragraph by
the words “issue a declaration indicating the option
which” and the words “official delegate”,
respectively.
378 Replace the word “election” in the first paragraph by
the word “referendum”.
379 Replace the word “election” by the word “referendum”.
380 Replace the section by the following section:
“380. The chief electoral officer shall, as soon as
possible, publish a notice in the Gazette officielle
du Québec indicating, for each electoral division,
the number of votes for each of the options
appearing on the ballot paper.”
381 Replace the word “election” which appears twice in
the first paragraph by the word “referendum”.
401 Replace the section by the following section:
“401. For the purposes of sections 403, 415, 416,
417 and 421, the expression “regulated expenses”
includes expenses referred to in paragraph 10 of
section 404 and the expression “official agent”
includes a private intervenor within the meaning of
Division V if the private intervenor is an elector,
and a representative of a private intervenor if the
private intervenor is a group of electors.”
402 Replace the section by the following section:
“402. The cost of any goods or services used during
the referendum period to promote or oppose, directly
or indirectly, an option submitted to a referendum is
a regulated expense.”
403 Replace the words “election period” by the words
“referendum period”.
Replace the words “election expenses” by the words
“regulated expenses”.
404 Replace the section by the following section:
“404. The following are not regulated expenses:
(1) the cost of publishing articles, editorials,
news, interviews, columns or letters to the editor in
a newspaper, periodical or other publication,
provided that they are published without payment,
reward or promise of payment or reward, that the
newspaper, periodical or other publication is not
established for the purposes or in view of the
referendum and that the circulation and frequency of
publication are as what obtains outside the
referendum period;
(2) the cost at fair market value of producing,
promoting and distributing a book that was planned to
be put on sale at the prevailing market price
regardless of the issue of the writ;
(3) the cost of broadcasting by a radio or television
station of a program of public affairs, news or
commentary, provided that the program is broadcast
without payment, reward or promise of payment or
reward;
(4) the reasonable expenses incurred by a person, out
of his own money, for meals and lodging while
travelling for referendum purposes, if the expenses
are not reimbursed to him;
(5) the transportation costs of a person, paid out of
his own money, if the costs are not reimbursed to
him;
(5.1) the cost of the food and beverages served at a
political activity where the cost is included in the
entrance fee paid by participants;
(6) the reasonable expenses incurred for the
publication of explanatory commentaries on this Act
and the regulations thereunder, provided the
commentaries are strictly objective and contain no
publicity of such a nature as to favour or oppose an
option submitted to a referendum;
(7) the reasonable ordinary expenses incurred for the
day-to-day operations of not more than two permanent
offices of an authorized party the addresses of which
are entered in the registers of the chief electoral
officer;
(8) interest accrued from the beginning of the
referendum period to the day occurring 90 days after
polling day, on any loan lawfully granted to an
official agent for regulated expenses, unless the
official agent has declared them as regulated
expenses in his return of regulated expenses;
(9) the expenses incurred for the holding of
meetings, the total of which does not exceed $600
for the entire referendum period, including the
renting of halls and the convening of participants,
provided the meetings are not directly or
indirectly organized on behalf of a national
committee;
(10) the publicity expenses, the total of which
does not exceed $1,000 for the entire referendum
period, incurred by a neutral intervenor authorized
under Division V, without directly promoting or
opposing an option, to advocate abstention or the
spoiling of ballots.
For the purposes of subparagraph 7 of the first
paragraph, the permanent office of an authorized
party is the office where the employees of the party
or of a body associated with it for the purpose of
attaining its objects and recognized by the leader of
the party for such a purpose by a letter addressed to
the chief electoral officer before the seventh day
following the issue of the writ, work on a permanent
basis, outside the referendum period, at ensuring the
dissemination of the party’s political program and
coordinating the political action of the party
members.”
405 Replace the words “election expenses, an authorized
party” in the first paragraph by the words “regulated
expenses, a national committee”.
Replace the second paragraph by the following
paragraph:
“The official agent shall be appointed by the
chairman of the national committee who shall notify
it to the chief electoral officer.”
Replace the words “leader of the party” in the third
paragraph by the words “chairman of the national
committee”.
Replace the words “a party” in the fourth paragraph
by the words “a national committee”.
406 Replace the section by the following section:
“406. Only one official agent is appointed for each
national committee.
However, the official agent may, with the approval of
the chairman of the national committee, appoint the
required number of deputies and, for each electoral
division, a local agent. He shall notify the chief
electoral officer and the returning officer thereof
in writing.
The official agent may authorize them to incur or
authorize regulated expenses up to the amount he
fixes in their deeds of appointment. The amount may
be changed at any time, in writing, by the official
agent before he files his return of regulated
expenses.
Any regulated expense incurred by the deputy of the
official agent or by a local agent is deemed to be
incurred by the official agent up to the amount fixed
in the deed of appointment.
The deputy and the local agent shall provide the
official agent of the national committee with a
detailed statement of expenses incurred or authorized
by them.”
407 Replace the first paragraph by the following
paragraph:
“407. An official agent or local agent may, in
writing, authorize an advertising agency to incur or
order regulated expenses up to the amount he fixes
in the authorization. That amount may be changed, by
the official agent or the local agent, as the case
may be, in writing, at any time before he files his
return of regulated expenses.”
Insert the words “or the local agent, as the case may
be” after the word “agent” in the second paragraph.
410 Replace the section by the following section:
“410. If the official agent dismisses a local agent,
he shall notify it in writing to the returning
officer. He may appoint another local agent.”
411 Replace the words “an official agent” in the first
paragraph by the words “a local agent”.
Replace the words “an official agent” and the words
“candidate or his mandatary” in the second paragraph
by the words “a local agent” and the words “official
delegate”, respectively.
412 Replace the section by the following section:
“412. No person may act as the official agent of a
national committee, his deputy or a local agent
unless he is qualified to vote.”
413 Replace the section by the following section:
“413. During a referendum period, only the official
agent of a national committee, his deputy or a local
agent may incur or authorize regulated expenses.
However, a non-affiliated elector authorized under
Division V may incur regulated publicity expenses
provided that the total of the expenses for the
entire referendum period does not exceed $1,000.”
414 Replace the section by the following section:
“414. An official agent, his deputy or a local
agent shall pay the cost of regulated expenses only
out of a referendum fund.”
415 Replace the section by the following section:
“415. No goods or services whose cost is wholly or
partly a regulated expense contemplated in section
403 may be used during a referendum period except by
the official agent of a national committee, his
deputy or a local agent, or with his authorization.”
416 Replace the section by the following section:
“416. No person may accept or execute an order for
regulated expenses not given or authorized by the
official agent of a national committee, his deputy,
a local agent or authorized advertising agency.”
417 Replace the words “election expense” and “election
period” in the first paragraph by the words
“regulated expense” and “referendum period”,
respectively.
421 Replace the words “an election” in the first
paragraph by the words “a referendum”.
Replace the words “or deputy” in the first, second
and third paragraphs by the words “, deputy or
local agent”.
421.1 Replace the second paragraph by the following
paragraph:
“Where the cost of the writing, object, material,
advertisement or publicity referred to in section
421 exceeds $1,000, the printer, manufacturer,
owner or radio or television broadcaster may only
mention or, as the case may be, indicate as the
person having caused the writing, object, material,
advertisement or publicity to be produced, published
or broadcast the name and title of the official agent
or deputy official agent of a national committee or
of the local agent of the official agent.”
422 Replace the words “the official agents of several
candidates”, the word “official”, and the word
“party” by the words “several local agents”, the word
“local” and the words “national committee”,
respectively.
424 Replace the word “election” in the first paragraph by
the word “regulated”.
425 Replace the first and second paragraphs by the
following paragraphs:
“425. Every person to whom an amount is due for
regulated expenses, other than expenses incurred by
a non-affiliated elector, shall present his claim to
the official agent or the local agent not later than
60 days after polling day. In no case may the
regulated expenses be paid by the official agent or
the local agent if the claim is presented to him
after that period has expired.
Where the official agent or local agent has died or
resigned and has not been replaced, the claim shall
be presented within the same time to the chairman of
the national committee or to the official agent, as
the case may be.”
426 Replace the section by the following section:
“426. Regulated expenses shall be limited so as
never to exceed for a national committee, during one
referendum, $1 per elector for all the electoral
divisions.
However, the national committee that represents the
option for which the fewest non-affiliated electors
have been authorized under section 457.6 to incur
regulated expenses may spend an additional amount to
50% of the difference between the expenses that
authorized non-affiliated electors favourable to one
option may incur and the expenses that may be
incurred by those favourable to the other option.
The amount is established by the chief electoral
officer who shall draw up a certificate and transmit
a copy to the chairman and the official agent of
each national committee not later than the tenth day
preceding polling day.”
427 Replace the section by the following section:
“427. For the purposes of section 426, the number of
electors is the greater of the number of electors
whose names are entered on the list of electors
produced upon the issue of a writ instituting a
referendum and the number of electors whose names
are entered on the list following revision.
The number is established by the chief electoral
officer who shall draw up a certificate thereof and
send a copy of the certificate to the chairman and
the official agent of each national committee.”
429 Replace the word “election” in the first paragraph by
the word “referendum”.
Strike out the second paragraph.
429.1 Replace the word “election” by the word
“referendum”.
430
431
434 Replace the first paragraph by the following
paragraph:
“434. The official agent of each national committee
and, through him, each local agent he has appointed
shall, within 90 days after polling day, deliver to
the chief electoral officer a return of the regulated
expenses incurred or authorized by them.”
Insert, after the second paragraph, the following
paragraph:
“The return must, in addition, indicate the name, the
complete address of the domicile of, and the amount
paid by, each elector whose total contribution to a
national committee exceeds $200.”
435 Replace the word “election” and the words and figure
“sections 432 and” by the word “regulated” and the
word “section”, respectively.
436 Replace the words “sections 432 and” in the first
paragraph by the word “section”.
Replace the words “leader of the party or to the
candidates if they so request” in the second
paragraph by the words “chairman of the national
committee if he so requests”.
437 Replace the section by the following section:
“437. In addition to regulated expenses, the
official agent and the local agent must indicate in
the returns prescribed in section 434 the source of
the sums paid into the referendum fund put at their
disposal.
They must also indicate
(1) the financial institutions with which the sums
collected by the national committee have been
deposited and the account numbers used;
(2) the total amount of contributions of $200 or
less;
(3) the total amount of contributions of over $200;
(4) the total of the amounts transferred or loaned by
the official representative of an authorized party.”
438 Replace the words and figure “sections 432 and” in
the first paragraph by the word “section”.
Replace the word “election” in the second paragraph
by the word “referendum”.
439
440 Replace the second paragraph by the following
paragraph:
“If the claim is not contested by the official agent,
he shall forward to the chief electoral officer the
necessary additional sum, out of his referendum fund,
to enable him to discharge the claim.”
441 Replace the section by the following section:
“441. On filing the return prescribed by section
434, the official agent of a national committee shall
keep the remaining sums or goods in his referendum
fund.
The sums and goods may be used only for political,
religious, scientific or charitable purposes.”
443 Replace the words “a candidate or party leader” in
the second paragraph by the words “the chairman or
official agent of the national committee”.
444 Replace the words “a candidate or party leader” by
the words “the chairman or official agent of a
national committee”.
Strike out the figure and word “432 or”.
445 Replace the section by the following section:
“445. Before filing the return and declaration
prescribed in section 434, an official agent and a
local agent must have discharged all the claims
received within the period prescribed in section 425
unless they contest them and indicate them as
contested.
In no case may the official agent, the local agent or
the national committee pay a claim so contested.
Only the official agent may pay the claim in
execution of a judgment of a competent tribunal in
favour of the creditor after the hearing of the case
and not upon an acquiescence in the demand or an
agreement of settlement.
The chief electoral officer may, if no national
committee objects, authorize the official agent of a
national committee to pay a contested claim if the
refusal or failure to pay results from bona fide
error.”
446 Insert the words “or local agent” after the word
“agent”.
447 Replace the word “representative” and the words
“return of election expenses” by the word “agent” and
the words “returns of regulated expenses”,
respectively.
448 Replace the section by the following section:
“448. The judge having jurisdiction to decide an
application under sections 443 to 446 is the chief
judge of the Court of Québec.
No application under the first paragraph may be
heard without a notice of at least three clear days
to the chief electoral officer and to the chairman
of each national committee.”
457.2 Replace the section by the following section:
“457.2. Only an elector or a group not endowed with
legal personality and composed in the majority of
natural persons who are qualified electors may apply
for authorization as a neutral intervenor.
Only an elector who cannot join a national committee
may apply for authorization as a non-affiliated
elector.
Neutral intervenors and non-affiliated electors are
private intervenors.”
457.3 Replace subparagraphs 3 to 6 of the first paragraph
by the following subparagraphs:
(3) in the case of a neutral intervenor, state
briefly the purpose of the application and declare
that he does not intend to directly promote or
oppose either option;
(4) in the case of a non-affiliated elector,
indicate which option he intends to promote and
state briefly why he cannot join a national
committee;
(5) declare that he is not associated with and has
not contributed to either national committee;
(6) declare that he is not acting directly or
indirectly on behalf of either national committee;”.
Insert, at the beginning of subparagraph 7 of the
first paragraph, the following: “in the case of a
neutral intervenor,”.
457.4 Replace the words “any candidate or party” at the
end of subparagraph 5 of the first paragraph by the
words “either option”.
Replace subparagraph 6 of the first paragraph by the
following subparagraph:
“(6) state briefly the purpose of the application,”.
Replace the words “any candidate or party” at the
end of subparagraph 7 of the first paragraph by the
words “either national committee”.
Replace the words “a member of any party” at the
end of subparagraph 8 of the first paragraph by the
words “associated with and has not contributed to
either national committee”.
457.5
457.6
457.7 Replace the word “election” in the first paragraph
by the word “referendum”.
Replace the words “a candidate” in the second
paragraph by the words “an official delegate”.
457.8 Replace the section by the following section:
“457.8. Not later than the tenth day preceding
polling day, the returning officer shall transmit
to the national committees and to each official
delegate a list of the authorizations which have
been granted.
The list shall indicate the name of each private
intervenor, the name of the private intervenor’s
representative, if any, and the number and date of
the authorization. The list shall also indicate
whether the private intervenor is a neutral
intervenor or a non-affiliated elector and, in
the latter case, the option that the non-affiliated
elector intends to promote.”
457.9 Replace the words “an election” in the first
paragraph by the words “a referendum”.
457.10
457.11
457.12 Replace the section by the following section:
“457.12. A private intervenor who is an elector or
the representative of a private intervenor may not
join or contribute to a national committee during the
referendum period.”
457.13 Replace the section by the following section:
“457.13. A neutral intervenor may not incur
expenses that are not related to the purpose stated
in the application for authorization or that
directly promote or oppose either option.
A non-affiliated elector may not incur expenses that
do not promote the option indicated in the
application for authorization.”
457.14
to
457.16
457.17 Replace the figure “$25” in the first paragraph by
the figure “$60”.
457.18
to
457.20
457.21 Replace the words “a judge of the Court of Québec”
in the first paragraph by the words “the Conseil du
référendum”.
Replace the word “court” in the third paragraph and
the word “judge” in the last paragraph by the word
“council”.
485 Strike out the second, third and fourth paragraphs.
486
487 Replace the section by the following section:
“487. In respect of the financing of national
committees and the control of regulated expenses, he
shall, in particular,
(1) verify that the national committees, official
agents and their deputies and local agents are
complying with the provisions of the Act;
(2) receive and examine the return of regulated
expenses;
(3) inquire into the legality of contributions and
regulated expenses.”
488 Replace the words “political parties” in paragraph 4
by the words “national committees”.
Replace, in paragraph 5, the words “political party”
by the words “national committee”, the word
“candidates” by the word “committees” and the word
“parties” by the words “national committees”.
488.1 Replace the word “election” in the first line and in
the last line by the word “referendum” and replace
the words “this Act” by the words “the Referendum Act
(chapter C-64.1)”.
489.1 Replace the words “authorized parties represented in
the National Assembly” by the words “national
committees” and strike out the words “, the filing of
nomination papers”.
490
Replace the words “election period or during an
enumeration or revision period” in the first
paragraph by the words “referendum period”.
Replace “authorized parties represented in the National
Assembly” by “national committees” and “other authorized
parties, the candidates” by “official delegates” ;
Strike out the words “or the end of the enumeration
or revision” in the third paragraph.
491
to
494
496 Strike out the first paragraph.
In the second paragraph, change in French; no change
necessary in English.
497
498
512
551
to
551.4
553 Replace the word “candidate” in paragraph 3 by the
words “national committee”.
553.1 Replace the word “election” in paragraph 1 by the
word “referendum”.
554 Replace the word “election” in paragraph 2 by the
word “referendum”.
Strike out the words “of election” in paragraph 3.
555
556 Strike out paragraph 4.
556.1 Replace the words “an election” in paragraphs 1 and
2 by the words “a referendum”.
557 Replace the word “election” by the word “referendum”.
558 Replace the words “every candidate or every person
who later becomes a candidate” in subparagraph 1 of
the first paragraph by the words “every official
delegate”.
Replace the words “a candidate” in subparagraph 2 of
the first paragraph by the words “an option”.
Replace the word “election” in subparagraph 1 of
the second paragraph by the word “regulated”.
Replace the words “the election of a candidate at
an election” in subparagraphs 1 and 2 of the second
paragraph by the words “an option submitted at a
referendum”.
559 Insert, after the word “agent”, the words “or any
local agent”.
Replace the word “election” in paragraph 1 by the
word “regulated”.
559.1 Replace the words “an election” in paragraph 1 by
the words “a regulated”.
560 Replace the words “candidate or party leader” by the
words “chairman or official delegate of a national
committee” and the word “election” by the word
“regulated”.
563 Replace the section by the following section:
“563. Every person who fails to file a report or
return of regulated expenses or the report referred
to in section 457.18 is liable to a fine of $50 for
each day of delay.”
564 Replace the section by the following section:
“564. Every person who contravenes any of sections
66, 87, 90 to 93, 95 to 97, 99, 100, 104, 105, 410,
413 to 417, 421, 421.1, 422, 424, 429, 429.1, 457.9
and 457.11 to 457.17 is liable to a fine of $500 to
$10,000.”
565
566
567 Strike out the following in the first paragraph: “,
in paragraph 4 of section 556”.
Replace the word “election” in the second paragraph
by the word “regulated” and insert after the word
“agent” the words “or the local agent”.
568 Strike out the second paragraph.
568.1
569 Replace the words “Such proceedings” in the second
paragraph by the words “Proceedings are instituted
before the Court of Québec. They”.
570 Replace the words “an election” in the first
paragraph by the words “a referendum”.
571
to
573
SCHEDULE II
Strike out “, 481, 499, 509, 529, 534”.
Replace “Election Act (Revised Statutes of Québec, chapter E-3.3)” by
“Referendum Act”.
APPENDIX 2
(Sections 44, 45)
PROVISIONS APPLICABLE TO THE HOLDING OF A REFERENDUM
ELECTION ACT (chapter E-3.3)
SECTIONS AMENDMENTS
1 Replace the words “Referendum Act (chapter
C-64.1)” in subparagraph 5 of the first
paragraph by the words “Election Act (chapter
E-3.3)”.
2
3 Replace the fourth paragraph by the following:
“An elector who is a Member of the National Assembly
representing an electoral division other than the
electoral division in which he is domiciled may be
considered to be domiciled either in the polling
subdivision of his domicile or in the polling
subdivision where the main office he uses as a
Member of the National Assembly in the electoral
division he represents is situated.”
Replace the words “election period” in the fifth
paragraph by the words “referendum period”.
4
46 Replace the first paragraph by the following
paragraph:
“46. An official agent may resign by sending a
written notice to that effect to the chairman of the
national committee.”
Replace the words “Within 30 days of resigning, the
official representative shall file with the party,
the party authority, the independent Member or the
independent candidate” in the second paragraph by
the words “Within 30 days of resigning, the
official agent shall file with the national
committee”, and the words “financial report” by
the words “return of regulated expenses”.
Replace the words “an authorized entity no longer has
an official representative, another official
representative” in the third paragraph by the words
“a national committee no longer has an official
agent, another official agent”.
Replace the words “official representative or of a
delegate” in the fourth paragraph by the words
“official agent”.
60 Replace the section by the following section:
“60. The official agent of a national committee is
authorized to solicit and collect contributions until
polling day.
After polling day, the official agent is authorized
to solicit and collect contributions only for the
purpose of paying the debts arising from his
regulated expenses and to dispose, in accordance with
the second paragraph of section 441, of the sums and
property derived from his referendum fund.”
66 Replace the section by the following section:
“66. Where the chairman of a national committee
resigns, he shall so notify the chief electoral
officer in writing without delay.”
87 Strike out the second paragraph.
88 Replace the first paragraph by the following
paragraph:
“88. Sums of money donated to a national committee
and services rendered and goods furnished to it for
the purposes of promoting an option submitted to a
referendum are deemed to be contributions.”
Strike out subparagraphs 2 and 3 of the second
paragraph.
Replace subparagraph 4 of the second paragraph by
the following subparagraph:
“(4) a loan granted to a national committee at the
current market rate of interest at the time it is
granted by an authorized political party;”.
Strike out subparagraphs 5 and 6 of the second
paragraph.
Replace subparagraph 7 of the second paragraph by the
following subparagraph:
“(7) air time on the radio or television or space in
the newspaper, periodical or other printed matter
available free of charge to national committees by
any radio, television or cable broadcaster or any
owner of a newspaper, periodical or other printed
matter, provided he offers such service equitably as
to quality and quantity to each national committee;”.
Replace subparagraph 8 of the second paragraph by
the following subparagraph:
“(8) transfers of funds between:
(a) an authorized party and the referendum fund of
a national committee;
(b) the referendum fund of a national committee and
the referendum fund put at the disposal of a local
agent.”
90
91 Replace the first paragraph by the following
paragraph:
“91. The total of contributions to each national
committee by the same elector in the same referendum
shall not exceed the amount of $3 000.”
Replace the words “an authorized entity” in the
second paragraph by the words “a national committee”.
92 Replace the first paragraph by the following
paragraph:
“92. Contributions shall not be solicited except
under the responsibility of the official agent of a
national committee, or except through persons
designated in writing by the official agent.”
Replace the word “representative” in the second
paragraph by the word “agent”.
93 Replace the words “representative of the authorized
entity” by the words “agent of the national
committee”.
94 Replace the section by the following section:
“94. The local agent has, for the electoral division
for which he is appointed, the powers conferred on
the official agent of the national committee by
sections 92, 93 and 96.”
95
96 Replace the word “representative” by the word
“agent”.
97 Replace the words “authorized entity” by the words
“national committee”.
98 Replace the words “authorized entity” by the words
“national committee”.
99 Replace the words “authorized entity” by the words
“official agent”.
100
104 Replace the words “representative of an authorized
entity” by the words “agent of a national committee”.
105 Add, after the second paragraph, the following
paragraph:
“The principal of, and interest on, every loan must
be paid before the return of the regulated expenses
is sent.”
131
132 Replace the words “party authority at the level of
the electoral division” in the first paragraph by the
words “authority, at the level of the electoral
division, of an authorized party represented in the National
Assembly”.
133 Replace the word “election” by the word “referendum”.
134 Replace the words “political parties and independent
candidates” by the words “national committees”, and
the words “election expenses” by the words
“regulated expenses”.
135 Replace the words “particulars that will be contained
in” in the fourth and fifth lines by the words
“question that will appear on”.
136
137 Replace the word “candidate” in the second paragraph
by the words “national committee”.
Replace the word “election” in the third paragraph
by the word “referendum”.
138
to
144
145 Replace the word “election” in the first paragraph by
the word “referendum”.
146 Replace the section by the following section:
“146. Not later than the twenty-seventh day
preceding polling day, the returning officer shall
transmit to the national committees and to each
official delegate the list of electors for the
electoral division, the list of electors entitled
to exercise their right to vote outside Québec
for the division and the list of addresses for
which no electors’ names are entered.
The lists shall be transmitted in computerized form
and in duplicate copies.
For the purposes of this Act, “official delegate”
means a person appointed as such by the chairman of
a national committee to represent him in an electoral
division.”
147 Replace the word “election” in the first paragraph by
the word “referendum”.
Replace the word “parties” in the second paragraph by
the words “national committees”.
179
to
181
182 Replace the section by the following section:
“182. The returning officer shall inform the chief
electoral officer, the national committees and each
official delegate of the places selected.”
183
184 Replace the section by the following section:
“184. The returning officer shall appoint two
revisors not later than Wednesday of the fourth
week preceding that of the polling.
The first revisor shall be appointed on the
recommendation of the official delegate of the
national committee which has the greatest number of
Members of the National Assembly.
The second revisor shall be appointed on the
recommendation of the official delegate of the
national committee which has the second greatest
number of Members of the National Assembly.”
186 Strike out the first paragraph.
187 Replace the words “parties represented in the
National Assembly” by the words “national
committees referred to in section 184”.
188 Replace the section by the following section:
“188. The revisor recommended by the national
committee to which the greatest number of
Members of the National Assembly belong shall act as
vice-chairman of the board of revisors.”
189 Replace the section by the following section:
“189. The returning officer shall post, in his
office, the list of revisors appointed to each board
of revisors and shall transmit it to the chief
electoral officer, the national committees and each
official delegate.”
190
to
213
214 Replace the word “election” in the third paragraph by
the word “referendum”.
215
to
217
218 Replace the word “candidate” in the first paragraph
by the words “official delegate”.
227
to
231.1
231.2 Replace the word “candidate” in the second paragraph
by the words “official delegate”.
231.3
to
231.13
231.14 Replace `candidate´ in the second paragraph by `official
delegate´.
233 Replace the word “election” by the word
“referendum”.
248 Replace the first and second paragraphs by the
following paragraphs:
“248. Every employer shall, upon written request,
grant a leave without pay to an employee who acts as
the chairman of a national committee or as an
official delegate. The request may be made at any
time from the date of the writ instituting the
holding of a referendum.
The employee’s leave begins on the day requested by
the employee and ends on the thirtieth day following
polling day.”
249 Replace the first and second paragraphs by the
following paragraphs:
“249. Every employer shall, upon written request,
grant a leave without pay to an employee who acts as
the official agent of a national committee. The
request may be made at any time from the date of the
writ instituting the holding of a referendum.
The employee’s leave begins on the day requested by
the employee and ends on the ninetieth day following
polling day.”
250
251 Replace the words “a candidate or” by the words
“the chairman of a national committee, an official
delegate or an”.
252
to
255
259.1 Replace the word “election” by the word “referendum”
and the words “an election” by the words “a
referendum”.
259.2 Replace the word “Election” in the first and second
paragraphs by the word “Referendum”.
259.3 Replace the word “Election” by the word
“Referendum”.
259.4 Replace the word “election” by the word
“referendum”.
259.5 Replace the word “election” in the first and second
paragraphs by the word “referendum”.
259.6
259.7 Replace the words “Election” and “election” in the
first and third paragraphs by the words “Referendum”
and “Referendum”.
259.8 Replace the word “election” in the first paragraph
by the word “referendum”.
Replace the words “party or candidate concerned” in
the first paragraph by the words “national committee
concerned”.
Replace the words “party, candidate” in the second
paragraph by the words “national committee”.
259.9 Replace the words “The party, candidate” by the
words “The national committee”.
260 Replace the section by the following section:
“260. Upon receipt of a copy of the writ, the
returning officer shall publish a notice of poll.
The notice of poll shall set forth
(1) the text of the question put to the electors;
(2) the days and hours of polling at advance polling
stations;
(3) the day and hours of polling at polling stations;
(4) the name of every national committee and, for
each of them, the given name and surname of the
chairman and of the official agent, and, for the
division, the given name and surname of the official
delegate and of the local agent.”
261 Replace the words “candidate or his mandatary” by the
words “official delegate”.
262 Replace the words “candidate and each party authority
at the level of the electoral division” in the first
paragraph by the words “official delegate”.
263 Replace the figure “317” by the figures “310, 312 to
317”.
264
to
269
270 Replace the words “the candidates” by the words “each
official delegate”.
271 Replace the words “candidate or his mandatary; the
latter may attend and may affix their” in the third
paragraph by the words “official delegate; he may
attend and may affix his”.
272
273 Replace the words “general election” in the first
paragraph by the word “referendum”.
Replace the words “of his domicile” in the third
paragraph by the words “where the house of detention
is situated”.
274 Replace the words “chief electoral officer” in the
third paragraph by the words “returning officer of
the electoral division concerned”.
Add, after the third paragraph, the following
paragraph:
“The returning officer shall ensure that the list
remains confidential.”
275
276 Replace the words “authorized party” by the words
“official delegate of a national committee”.
278 Replace the section by the following section:
“278. The returning officer referred to in section
275 shall give the deputy returning officer a sealed
ballot box containing the ballot papers, the list of
electors of the house of detention, the poll book and
the materials required for the poll. He shall also
give him directives on the work of the polling
officers.”
279
280 Strike out the second paragraph.
282 Replace the section by the following section:
“282. The counting of the votes shall be effected in
accordance with section 272.”
286
to
289
290 Replace the word “candidates” by the words “official
delegates”.
291
to
293.4
293.5 Strike out the words “and a list of the places where
the elector may consult the list of candidates” in
the first paragraph.
Strike out the words “be in the form prescribed by
Schedule IV and shall” in the second paragraph.
296
to
299
300 Replace the section by the following section:
“300. The counting of the votes of electors outside
Québec shall be proceeded with in accordance with
section 272, adapted as required.
However, the counting shall be proceeded with at the
place and time fixed by the chief electoral officer.
The deputy returning officer shall, for each
electoral division, draw up a statement of votes and
an abstract from such statement that he shall deliver
to the chief electoral officer or the person
designated by him, together with the ballot box.
The chief electoral officer shall forthwith
communicate the results to each returning officer
concerned and transmit to him the abstract from the
statement of votes which concerns him.”
302 Replace the word “candidate” in the fifth paragraph
by the words “official delegate”.
303
to
305
306 Replace the words “an election” in the first
paragraph by the words “a referendum”.
307
to
309
310 Replace the section by the following section:
“310. In every polling station, the returning
officer shall appoint, as deputy returning officer,
the person recommended by the official delegate of
the national committee which has the greatest number
of Members in the National Assembly.
He shall appoint, as poll clerk, the person
recommended by the official delegate of the national
committee which has the second greatest number of
Members in the National Assembly.
Where the two national committees have an equal
number of Members in the National Assembly, the
chief electoral officer shall determine, by a drawing
of lots, which committee is deemed to have the
greatest number of Members or, as the case may be,
the second greatest number of Members in the National
Assembly.”
312
312.1
313 Replace the word “candidate” in the first paragraph
by the words “official delegate”.
Replace the word “candidates” in the second paragraph
by the words “official delegates”.
314
315
316 Replace the section by the following section:
“316. The official delegate of each national
committee may designate a person and give him a power
of attorney to represent the national committee
before the deputy returning officer or the officer in
charge of information and order, or before each of
them.”
317 Replace the words “candidate or his mandatary” by the
words “official delegate”.
318 Replace the words “A candidate” by the words “The
official delegate of each national committee”.
319 Replace the words “candidate or his mandatary” by the
words “official delegate”.
320 Strike out the words “in accordance with the model
provided in Schedule III and” in the first paragraph.
321
to
323
324 Replace the section by the following section:
“324. The ballot paper must contain on the obverse
a space specially reserved for the wording of the
question.”
325
to
327
328 Replace the word “candidates” in the second paragraph
by the words “national committees”.
329
to
333
334 Replace the words “candidates and their mandataries”
by the words “chairmen of national committees and
their official delegates”.
335
to
341
342 Replace the word “candidate” by the words “national
committee”.
343
to
347
348 Replace the words “then indicate to him the order in
which the candidates appear on the ballot paper and
the indications entered under their names, where such
is the case” by the words “read the question and
indicate to him the order in which the options appear
on the ballot paper”.
349
350 Replace the word “candidate” in the first paragraph
by the words “national committee”.
Replace the word “election” in subparagraph 8 of the
first paragraph by the word “referendum”, the words
“a candidate” in subparagraph 4 of the first
paragraph by the words “an option” and the word
“election” in subparagraph 5 of the first paragraph
by the word “referendum”.
351
352 Strike out the word “political” in the first
paragraph and replace the words “a party or
candidate” in the first paragraph by the
words “an option submitted to a referendum”.
Replace the words “party or candidate promoted by
the publicity” in the second paragraph by the words
“national committee concerned”.
353
to
355
356 Replace the section by the following section:
“356. No elector may, on the premises of a polling
station, indicate, in any manner, the option in
favour of which he intends to vote or has voted.”
357 Replace the section by the following section:
“357. No official delegate, representative or
election officer may, on the premises of a polling
station, attempt to learn the option in favour of
which an elector intends to vote or has voted.”
358 Replace the section by the following section:
“358. No official delegate, representative, election
officer or elector who has given assistance to
another elector may disclose the option for which
the elector has voted.”
359 Replace the word “whom” by the words “which option”.
360 Replace the word “candidate” by the words “official
delegate”.
361
to
363
364 Replace the word “candidate” in subparagraph 4 of the
second paragraph by the word “option” and the words
“a person who is not a candidate” in subparagraph 5
of the second paragraph by the words “an option which
is not one of the options submitted to the
referendum”.
365
366 Replace the words “a candidate or the representative
of a candidate” by the words “an official delegate or
his representative”.
366.1
367 Replace the word “candidate” in the first paragraph
by the word “option”.
368 Replace the word “candidate” by the words “official
delegate”.
369
370
371 Replace the words “candidate or his mandatary” in the
first paragraph by the words “official delegate”.
Replace the words “candidate, mandatary” in the
second paragraph by the words “official delegate”.
372 Replace the word “candidate” in the first paragraph
by the word “option”.
Replace the figure “285” in the second paragraph by
the figure “300”.
373
374
375 Replace the words “declare elected the candidate who”
in the first paragraph by the words “announce the
option which”.
377 Replace the words “declare elected the candidate who”
and the word “candidate” in the first paragraph by
the words “issue a declaration indicating the option
which” and the words “official delegate”,
respectively.
378 Replace the word “election” in the first paragraph by
the word “referendum”.
379 Replace the word “election” by the word “referendum”.
380 Replace the section by the following section:
“380. The chief electoral officer shall, as soon as
possible, publish a notice in the Gazette officielle
du Québec indicating, for each electoral division,
the number of votes for each of the options
appearing on the ballot paper.”
381 Replace the word “election” which appears twice in
the first paragraph by the word “referendum”.
401 Replace the section by the following section:
“401. For the purposes of sections 403, 415, 416,
417 and 421, the expression “regulated expenses”
includes expenses referred to in paragraph 10 of
section 404 and the expression “official agent”
includes a private intervenor within the meaning of
Division V if the private intervenor is an elector,
and a representative of a private intervenor if the
private intervenor is a group of electors.”
402 Replace the section by the following section:
“402. The cost of any goods or services used during
the referendum period to promote or oppose, directly
or indirectly, an option submitted to a referendum is
a regulated expense.”
403 Replace the words “election period” by the words
“referendum period”.
Replace the words “election expenses” by the words
“regulated expenses”.
404 Replace the section by the following section:
“404. The following are not regulated expenses:
(1) the cost of publishing articles, editorials,
news, interviews, columns or letters to the editor in
a newspaper, periodical or other publication,
provided that they are published without payment,
reward or promise of payment or reward, that the
newspaper, periodical or other publication is not
established for the purposes or in view of the
referendum and that the circulation and frequency of
publication are as what obtains outside the
referendum period;
(2) the cost at fair market value of producing,
promoting and distributing a book that was planned to
be put on sale at the prevailing market price
regardless of the issue of the writ;
(3) the cost of broadcasting by a radio or television
station of a program of public affairs, news or
commentary, provided that the program is broadcast
without payment, reward or promise of payment or
reward;
(4) the reasonable expenses incurred by a person, out
of his own money, for meals and lodging while
travelling for referendum purposes, if the expenses
are not reimbursed to him;
(5) the transportation costs of a person, paid out of
his own money, if the costs are not reimbursed to
him;
(5.1) the cost of the food and beverages served at a
political activity where the cost is included in the
entrance fee paid by participants;
(6) the reasonable expenses incurred for the
publication of explanatory commentaries on this Act
and the regulations thereunder, provided the
commentaries are strictly objective and contain no
publicity of such a nature as to favour or oppose an
option submitted to a referendum;
(7) the reasonable ordinary expenses incurred for the
day-to-day operations of not more than two permanent
offices of an authorized party the addresses of which
are entered in the registers of the chief electoral
officer;
(8) interest accrued from the beginning of the
referendum period to the day occurring 90 days after
polling day, on any loan lawfully granted to an
official agent for regulated expenses, unless the
official agent has declared them as regulated
expenses in his return of regulated expenses;
(9) the expenses incurred for the holding of
meetings, the total of which does not exceed $600
for the entire referendum period, including the
renting of halls and the convening of participants,
provided the meetings are not directly or
indirectly organized on behalf of a national
committee;
(10) the publicity expenses, the total of which
does not exceed $1,000 for the entire referendum
period, incurred by a neutral intervenor authorized
under Division V, without directly promoting or
opposing an option, to advocate abstention or the
spoiling of ballots.
For the purposes of subparagraph 7 of the first
paragraph, the permanent office of an authorized
party is the office where the employees of the party
or of a body associated with it for the purpose of
attaining its objects and recognized by the leader of
the party for such a purpose by a letter addressed to
the chief electoral officer before the seventh day
following the issue of the writ, work on a permanent
basis, outside the referendum period, at ensuring the
dissemination of the party’s political program and
coordinating the political action of the party
members.”
405 Replace the words “election expenses, an authorized
party” in the first paragraph by the words “regulated
expenses, a national committee”.
Replace the second paragraph by the following
paragraph:
“The official agent shall be appointed by the
chairman of the national committee who shall notify
it to the chief electoral officer.”
Replace the words “leader of the party” in the third
paragraph by the words “chairman of the national
committee”.
Replace the words “a party” in the fourth paragraph
by the words “a national committee”.
406 Replace the section by the following section:
“406. Only one official agent is appointed for each
national committee.
However, the official agent may, with the approval of
the chairman of the national committee, appoint the
required number of deputies and, for each electoral
division, a local agent. He shall notify the chief
electoral officer and the returning officer thereof
in writing.
The official agent may authorize them to incur or
authorize regulated expenses up to the amount he
fixes in their deeds of appointment. The amount may
be changed at any time, in writing, by the official
agent before he files his return of regulated
expenses.
Any regulated expense incurred by the deputy of the
official agent or by a local agent is deemed to be
incurred by the official agent up to the amount fixed
in the deed of appointment.
The deputy and the local agent shall provide the
official agent of the national committee with a
detailed statement of expenses incurred or authorized
by them.”
407 Replace the first paragraph by the following
paragraph:
“407. An official agent or local agent may, in
writing, authorize an advertising agency to incur or
order regulated expenses up to the amount he fixes
in the authorization. That amount may be changed, by
the official agent or the local agent, as the case
may be, in writing, at any time before he files his
return of regulated expenses.”
Insert the words “or the local agent, as the case may
be” after the word “agent” in the second paragraph.
410 Replace the section by the following section:
“410. If the official agent dismisses a local agent,
he shall notify it in writing to the returning
officer. He may appoint another local agent.”
411 Replace the words “an official agent” in the first
paragraph by the words “a local agent”.
Replace the words “an official agent” and the words
“candidate or his mandatary” in the second paragraph
by the words “a local agent” and the words “official
delegate”, respectively.
412 Replace the section by the following section:
“412. No person may act as the official agent of a
national committee, his deputy or a local agent
unless he is qualified to vote.”
413 Replace the section by the following section:
“413. During a referendum period, only the official
agent of a national committee, his deputy or a local
agent may incur or authorize regulated expenses.
However, a non-affiliated elector authorized under
Division V may incur regulated publicity expenses
provided that the total of the expenses for the
entire referendum period does not exceed $1,000.”
414 Replace the section by the following section:
“414. An official agent, his deputy or a local
agent shall pay the cost of regulated expenses only
out of a referendum fund.”
415 Replace the section by the following section:
“415. No goods or services whose cost is wholly or
partly a regulated expense contemplated in section
403 may be used during a referendum period except by
the official agent of a national committee, his
deputy or a local agent, or with his authorization.”
416 Replace the section by the following section:
“416. No person may accept or execute an order for
regulated expenses not given or authorized by the
official agent of a national committee, his deputy,
a local agent or authorized advertising agency.”
417 Replace the words “election expense” and “election
period” in the first paragraph by the words
“regulated expense” and “referendum period”,
respectively.
421 Replace the words “an election” in the first
paragraph by the words “a referendum”.
Replace the words “or deputy” in the first, second
and third paragraphs by the words “, deputy or
local agent”.
421.1 Replace the second paragraph by the following
paragraph:
“Where the cost of the writing, object, material,
advertisement or publicity referred to in section
421 exceeds $1,000, the printer, manufacturer,
owner or radio or television broadcaster may only
mention or, as the case may be, indicate as the
person having caused the writing, object, material,
advertisement or publicity to be produced, published
or broadcast the name and title of the official agent
or deputy official agent of a national committee or
of the local agent of the official agent.”
422 Replace the words “the official agents of several
candidates”, the word “official”, and the word
“party” by the words “several local agents”, the word
“local” and the words “national committee”,
respectively.
424 Replace the word “election” in the first paragraph by
the word “regulated”.
425 Replace the first and second paragraphs by the
following paragraphs:
“425. Every person to whom an amount is due for
regulated expenses, other than expenses incurred by
a non-affiliated elector, shall present his claim to
the official agent or the local agent not later than
60 days after polling day. In no case may the
regulated expenses be paid by the official agent or
the local agent if the claim is presented to him
after that period has expired.
Where the official agent or local agent has died or
resigned and has not been replaced, the claim shall
be presented within the same time to the chairman of
the national committee or to the official agent, as
the case may be.”
426 Replace the section by the following section:
“426. Regulated expenses shall be limited so as
never to exceed for a national committee, during one
referendum, $1 per elector for all the electoral
divisions.
However, the national committee that represents the
option for which the fewest non-affiliated electors
have been authorized under section 457.6 to incur
regulated expenses may spend an additional amount to
50% of the difference between the expenses that
authorized non-affiliated electors favourable to one
option may incur and the expenses that may be
incurred by those favourable to the other option.
The amount is established by the chief electoral
officer who shall draw up a certificate and transmit
a copy to the chairman and the official agent of
each national committee not later than the tenth day
preceding polling day.”
427 Replace the section by the following section:
“427. For the purposes of section 426, the number of
electors is the greater of the number of electors
whose names are entered on the list of electors
produced upon the issue of a writ instituting a
referendum and the number of electors whose names
are entered on the list following revision.
The number is established by the chief electoral
officer who shall draw up a certificate thereof and
send a copy of the certificate to the chairman and
the official agent of each national committee.”
429 Replace the word “election” in the first paragraph by
the word “referendum”.
Strike out the second paragraph.
429.1 Replace the word “election” by the word
“referendum”.
430
431
434 Replace the first paragraph by the following
paragraph:
“434. The official agent of each national committee
and, through him, each local agent he has appointed
shall, within 90 days after polling day, deliver to
the chief electoral officer a return of the regulated
expenses incurred or authorized by them.”
Insert, after the second paragraph, the following
paragraph:
“The return must, in addition, indicate the name, the
complete address of the domicile of, and the amount
paid by, each elector whose total contribution to a
national committee exceeds $200.”
435 Replace the word “election” and the words and figure
“sections 432 and” by the word “regulated” and the
word “section”, respectively.
436 Replace the words “sections 432 and” in the first
paragraph by the word “section”.
Replace the words “leader of the party or to the
candidates if they so request” in the second
paragraph by the words “chairman of the national
committee if he so requests”.
437 Replace the section by the following section:
“437. In addition to regulated expenses, the
official agent and the local agent must indicate in
the returns prescribed in section 434 the source of
the sums paid into the referendum fund put at their
disposal.
They must also indicate
(1) the financial institutions with which the sums
collected by the national committee have been
deposited and the account numbers used;
(2) the total amount of contributions of $200 or
less;
(3) the total amount of contributions of over $200;
(4) the total of the amounts transferred or loaned by
the official representative of an authorized party.”
438 Replace the words and figure “sections 432 and” in
the first paragraph by the word “section”.
Replace the word “election” in the second paragraph
by the word “referendum”.
439
440 Replace the second paragraph by the following
paragraph:
“If the claim is not contested by the official agent,
he shall forward to the chief electoral officer the
necessary additional sum, out of his referendum fund,
to enable him to discharge the claim.”
441 Replace the section by the following section:
“441. On filing the return prescribed by section
434, the official agent of a national committee shall
keep the remaining sums or goods in his referendum
fund.
The sums and goods may be used only for political,
religious, scientific or charitable purposes.”
443 Replace the words “a candidate or party leader” in
the second paragraph by the words “the chairman or
official agent of the national committee”.
444 Replace the words “a candidate or party leader” by
the words “the chairman or official agent of a
national committee”.
Strike out the figure and word “432 or”.
445 Replace the section by the following section:
“445. Before filing the return and declaration
prescribed in section 434, an official agent and a
local agent must have discharged all the claims
received within the period prescribed in section 425
unless they contest them and indicate them as
contested.
In no case may the official agent, the local agent or
the national committee pay a claim so contested.
Only the official agent may pay the claim in
execution of a judgment of a competent tribunal in
favour of the creditor after the hearing of the case
and not upon an acquiescence in the demand or an
agreement of settlement.
The chief electoral officer may, if no national
committee objects, authorize the official agent of a
national committee to pay a contested claim if the
refusal or failure to pay results from bona fide
error.”
446 Insert the words “or local agent” after the word
“agent”.
447 Replace the word “representative” and the words
“return of election expenses” by the word “agent” and
the words “returns of regulated expenses”,
respectively.
448 Replace the section by the following section:
“448. The judge having jurisdiction to decide an
application under sections 443 to 446 is the chief
judge of the Court of Québec.
No application under the first paragraph may be
heard without a notice of at least three clear days
to the chief electoral officer and to the chairman
of each national committee.”
457.2 Replace the section by the following section:
“457.2. Only an elector or a group not endowed with
legal personality and composed in the majority of
natural persons who are qualified electors may apply
for authorization as a neutral intervenor.
Only an elector who cannot join a national committee
may apply for authorization as a non-affiliated
elector.
Neutral intervenors and non-affiliated electors are
private intervenors.”
457.3 Replace subparagraphs 3 to 6 of the first paragraph
by the following subparagraphs:
(3) in the case of a neutral intervenor, state
briefly the purpose of the application and declare
that he does not intend to directly promote or
oppose either option;
(4) in the case of a non-affiliated elector,
indicate which option he intends to promote and
state briefly why he cannot join a national
committee;
(5) declare that he is not associated with and has
not contributed to either national committee;
(6) declare that he is not acting directly or
indirectly on behalf of either national committee;”.
Insert, at the beginning of subparagraph 7 of the
first paragraph, the following: “in the case of a
neutral intervenor,”.
457.4 Replace the words “any candidate or party” at the
end of subparagraph 5 of the first paragraph by the
words “either option”.
Replace subparagraph 6 of the first paragraph by the
following subparagraph:
“(6) state briefly the purpose of the application,”.
Replace the words “any candidate or party” at the
end of subparagraph 7 of the first paragraph by the
words “either national committee”.
Replace the words “a member of any party” at the
end of subparagraph 8 of the first paragraph by the
words “associated with and has not contributed to
either national committee”.
457.5
457.6
457.7 Replace the word “election” in the first paragraph
by the word “referendum”.
Replace the words “a candidate” in the second
paragraph by the words “an official delegate”.
457.8 Replace the section by the following section:
“457.8. Not later than the tenth day preceding
polling day, the returning officer shall transmit
to the national committees and to each official
delegate a list of the authorizations which have
been granted.
The list shall indicate the name of each private
intervenor, the name of the private intervenor’s
representative, if any, and the number and date of
the authorization. The list shall also indicate
whether the private intervenor is a neutral
intervenor or a non-affiliated elector and, in
the latter case, the option that the non-affiliated
elector intends to promote.”
457.9 Replace the words “an election” in the first
paragraph by the words “a referendum”.
457.10
457.11
457.12 Replace the section by the following section:
“457.12. A private intervenor who is an elector or
the representative of a private intervenor may not
join or contribute to a national committee during the
referendum period.”
457.13 Replace the section by the following section:
“457.13. A neutral intervenor may not incur
expenses that are not related to the purpose stated
in the application for authorization or that
directly promote or oppose either option.
A non-affiliated elector may not incur expenses that
do not promote the option indicated in the
application for authorization.”
457.14
to
457.16
457.17 Replace the figure “$25” in the first paragraph by
the figure “$60”.
457.18
to
457.20
457.21 Replace the words “a judge of the Court of Québec”
in the first paragraph by the words “the Conseil du
référendum”.
Replace the word “court” in the third paragraph and
the word “judge” in the last paragraph by the word
“council”.
485 Strike out the second, third and fourth paragraphs.
486
487 Replace the section by the following section:
“487. In respect of the financing of national
committees and the control of regulated expenses, he
shall, in particular,
(1) verify that the national committees, official
agents and their deputies and local agents are
complying with the provisions of the Act;
(2) receive and examine the return of regulated
expenses;
(3) inquire into the legality of contributions and
regulated expenses.”
488 Replace the words “political parties” in paragraph 4
by the words “national committees”.
Replace, in paragraph 5, the words “political party”
by the words “national committee”, the word
“candidates” by the word “committees” and the word
“parties” by the words “national committees”.
488.1 Replace the word “election” in the first line and in
the last line by the word “referendum” and replace
the words “this Act” by the words “the Referendum Act
(chapter C-64.1)”.
489.1 Replace the words “authorized parties represented in
the National Assembly” by the words “national
committees” and strike out the words “, the filing of
nomination papers”.
490
Replace the words “election period or during an
enumeration or revision period” in the first
paragraph by the words “referendum period”.
Replace “authorized parties represented in the National
Assembly” by “national committees” and “other authorized
parties, the candidates” by “official delegates” ;
Strike out the words “or the end of the enumeration
or revision” in the third paragraph.
491
to
494
496 Strike out the first paragraph.
In the second paragraph, change in French; no change
necessary in English.
497
498
512
551
to
551.4
553 Replace the word “candidate” in paragraph 3 by the
words “national committee”.
553.1 Replace the word “election” in paragraph 1 by the
word “referendum”.
554 Replace the word “election” in paragraph 2 by the
word “referendum”.
Strike out the words “of election” in paragraph 3.
555
556 Strike out paragraph 4.
556.1 Replace the words “an election” in paragraphs 1 and
2 by the words “a referendum”.
557 Replace the word “election” by the word “referendum”.
558 Replace the words “every candidate or every person
who later becomes a candidate” in subparagraph 1 of
the first paragraph by the words “every official
delegate”.
Replace the words “a candidate” in subparagraph 2 of
the first paragraph by the words “an option”.
Replace the word “election” in subparagraph 1 of
the second paragraph by the word “regulated”.
Replace the words “the election of a candidate at
an election” in subparagraphs 1 and 2 of the second
paragraph by the words “an option submitted at a
referendum”.
559 Insert, after the word “agent”, the words “or any
local agent”.
Replace the word “election” in paragraph 1 by the
word “regulated”.
559.1 Replace the words “an election” in paragraph 1 by
the words “a regulated”.
560 Replace the words “candidate or party leader” by the
words “chairman or official delegate of a national
committee” and the word “election” by the word
“regulated”.
563 Replace the section by the following section:
“563. Every person who fails to file a report or
return of regulated expenses or the report referred
to in section 457.18 is liable to a fine of $50 for
each day of delay.”
564 Replace the section by the following section:
“564. Every person who contravenes any of sections
66, 87, 90 to 93, 95 to 97, 99, 100, 104, 105, 410,
413 to 417, 421, 421.1, 422, 424, 429, 429.1, 457.9
and 457.11 to 457.17 is liable to a fine of $500 to
$10,000.”
565
566
567 Strike out the following in the first paragraph: “,
in paragraph 4 of section 556”.
Replace the word “election” in the second paragraph
by the word “regulated” and insert after the word
“agent” the words “or the local agent”.
568 Strike out the second paragraph.
568.1
569 Replace the words “Such proceedings” in the second
paragraph by the words “Proceedings are instituted
before the Court of Québec. They”.
570 Replace the words “an election” in the first
paragraph by the words “a referendum”.
571
to
573
SCHEDULE II
Strike out “, 481, 499, 509, 529, 534”.
Replace “Election Act (Revised Statutes of Québec, chapter E-3.3)” by
“Referendum Act”.
PROVISIONS APPLICABLE TO THE HOLDING OF A REFERENDUM
ELECTION ACT (chapter E-3.3)
SECTIONS AMENDMENTS
1 Replace the words “Referendum Act (chapter
C-64.1)” in subparagraph 5 of the first
paragraph by the words “Election Act (chapter
E-3.3)”.
2
3 Replace the fourth paragraph by the following:
“An elector who is a Member of the National Assembly
representing an electoral division other than the
electoral division in which he is domiciled may be
considered to be domiciled either in the polling
subdivision of his domicile or in the polling
subdivision where the main office he uses as a
Member of the National Assembly in the electoral
division he represents is situated.”
Replace the words “election period” in the fifth
paragraph by the words “referendum period”.
4
46 Replace the first paragraph by the following
paragraph:
“46. An official agent may resign by sending a
written notice to that effect to the chairman of the
national committee.”
Replace the words “Within 30 days of resigning, the
official representative shall file with the party,
the party authority, the independent Member or the
independent candidate” in the second paragraph by
the words “Within 30 days of resigning, the
official agent shall file with the national
committee”, and the words “financial report” by
the words “return of regulated expenses”.
Replace the words “an authorized entity no longer has
an official representative, another official
representative” in the third paragraph by the words
“a national committee no longer has an official
agent, another official agent”.
Replace the words “official representative or of a
delegate” in the fourth paragraph by the words
“official agent”.
60 Replace the section by the following section:
“60. The official agent of a national committee is
authorized to solicit and collect contributions until
polling day.
After polling day, the official agent is authorized
to solicit and collect contributions only for the
purpose of paying the debts arising from his
regulated expenses and to dispose, in accordance with
the second paragraph of section 441, of the sums and
property derived from his referendum fund.”
66 Replace the section by the following section:
“66. Where the chairman of a national committee
resigns, he shall so notify the chief electoral
officer in writing without delay.”
87 Strike out the second paragraph.
88 Replace the first paragraph by the following
paragraph:
“88. Sums of money donated to a national committee
and services rendered and goods furnished to it for
the purposes of promoting an option submitted to a
referendum are deemed to be contributions.”
Strike out subparagraphs 2 and 3 of the second
paragraph.
Replace subparagraph 4 of the second paragraph by
the following subparagraph:
“(4) a loan granted to a national committee at the
current market rate of interest at the time it is
granted by an authorized political party;”.
Strike out subparagraphs 5 and 6 of the second
paragraph.
Replace subparagraph 7 of the second paragraph by the
following subparagraph:
“(7) air time on the radio or television or space in
the newspaper, periodical or other printed matter
available free of charge to national committees by
any radio, television or cable broadcaster or any
owner of a newspaper, periodical or other printed
matter, provided he offers such service equitably as
to quality and quantity to each national committee;”.
Replace subparagraph 8 of the second paragraph by
the following subparagraph:
“(8) transfers of funds between:
(a) an authorized party and the referendum fund of
a national committee;
(b) the referendum fund of a national committee and
the referendum fund put at the disposal of a local
agent.”
90
91 Replace the first paragraph by the following
paragraph:
“91. The total of contributions to each national
committee by the same elector in the same referendum
shall not exceed the amount of $3 000.”
Replace the words “an authorized entity” in the
second paragraph by the words “a national committee”.
92 Replace the first paragraph by the following
paragraph:
“92. Contributions shall not be solicited except
under the responsibility of the official agent of a
national committee, or except through persons
designated in writing by the official agent.”
Replace the word “representative” in the second
paragraph by the word “agent”.
93 Replace the words “representative of the authorized
entity” by the words “agent of the national
committee”.
94 Replace the section by the following section:
“94. The local agent has, for the electoral division
for which he is appointed, the powers conferred on
the official agent of the national committee by
sections 92, 93 and 96.”
95
96 Replace the word “representative” by the word
“agent”.
97 Replace the words “authorized entity” by the words
“national committee”.
98 Replace the words “authorized entity” by the words
“national committee”.
99 Replace the words “authorized entity” by the words
“official agent”.
100
104 Replace the words “representative of an authorized
entity” by the words “agent of a national committee”.
105 Add, after the second paragraph, the following
paragraph:
“The principal of, and interest on, every loan must
be paid before the return of the regulated expenses
is sent.”
131
132 Replace the words “party authority at the level of
the electoral division” in the first paragraph by the
words “authority, at the level of the electoral
division, of an authorized party represented in the National
Assembly”.
133 Replace the word “election” by the word “referendum”.
134 Replace the words “political parties and independent
candidates” by the words “national committees”, and
the words “election expenses” by the words
“regulated expenses”.
135 Replace the words “particulars that will be contained
in” in the fourth and fifth lines by the words
“question that will appear on”.
136
137 Replace the word “candidate” in the second paragraph
by the words “national committee”.
Replace the word “election” in the third paragraph
by the word “referendum”.
138
to
144
145 Replace the word “election” in the first paragraph by
the word “referendum”.
146 Replace the section by the following section:
“146. Not later than the twenty-seventh day
preceding polling day, the returning officer shall
transmit to the national committees and to each
official delegate the list of electors for the
electoral division, the list of electors entitled
to exercise their right to vote outside Québec
for the division and the list of addresses for
which no electors’ names are entered.
The lists shall be transmitted in computerized form
and in duplicate copies.
For the purposes of this Act, “official delegate”
means a person appointed as such by the chairman of
a national committee to represent him in an electoral
division.”
147 Replace the word “election” in the first paragraph by
the word “referendum”.
Replace the word “parties” in the second paragraph by
the words “national committees”.
179
to
181
182 Replace the section by the following section:
“182. The returning officer shall inform the chief
electoral officer, the national committees and each
official delegate of the places selected.”
183
184 Replace the section by the following section:
“184. The returning officer shall appoint two
revisors not later than Wednesday of the fourth
week preceding that of the polling.
The first revisor shall be appointed on the
recommendation of the official delegate of the
national committee which has the greatest number of
Members of the National Assembly.
The second revisor shall be appointed on the
recommendation of the official delegate of the
national committee which has the second greatest
number of Members of the National Assembly.”
186 Strike out the first paragraph.
187 Replace the words “parties represented in the
National Assembly” by the words “national
committees referred to in section 184”.
188 Replace the section by the following section:
“188. The revisor recommended by the national
committee to which the greatest number of
Members of the National Assembly belong shall act as
vice-chairman of the board of revisors.”
189 Replace the section by the following section:
“189. The returning officer shall post, in his
office, the list of revisors appointed to each board
of revisors and shall transmit it to the chief
electoral officer, the national committees and each
official delegate.”
190
to
213
214 Replace the word “election” in the third paragraph by
the word “referendum”.
215
to
217
218 Replace the word “candidate” in the first paragraph
by the words “official delegate”.
227
to
231.1
231.2 Replace the word “candidate” in the second paragraph
by the words “official delegate”.
231.3
to
231.13
231.14 Replace `candidate´ in the second paragraph by `official
delegate´.
233 Replace the word “election” by the word
“referendum”.
248 Replace the first and second paragraphs by the
following paragraphs:
“248. Every employer shall, upon written request,
grant a leave without pay to an employee who acts as
the chairman of a national committee or as an
official delegate. The request may be made at any
time from the date of the writ instituting the
holding of a referendum.
The employee’s leave begins on the day requested by
the employee and ends on the thirtieth day following
polling day.”
249 Replace the first and second paragraphs by the
following paragraphs:
“249. Every employer shall, upon written request,
grant a leave without pay to an employee who acts as
the official agent of a national committee. The
request may be made at any time from the date of the
writ instituting the holding of a referendum.
The employee’s leave begins on the day requested by
the employee and ends on the ninetieth day following
polling day.”
250
251 Replace the words “a candidate or” by the words
“the chairman of a national committee, an official
delegate or an”.
252
to
255
259.1 Replace the word “election” by the word “referendum”
and the words “an election” by the words “a
referendum”.
259.2 Replace the word “Election” in the first and second
paragraphs by the word “Referendum”.
259.3 Replace the word “Election” by the word
“Referendum”.
259.4 Replace the word “election” by the word
“referendum”.
259.5 Replace the word “election” in the first and second
paragraphs by the word “referendum”.
259.6
259.7 Replace the words “Election” and “election” in the
first and third paragraphs by the words “Referendum”
and “Referendum”.
259.8 Replace the word “election” in the first paragraph
by the word “referendum”.
Replace the words “party or candidate concerned” in
the first paragraph by the words “national committee
concerned”.
Replace the words “party, candidate” in the second
paragraph by the words “national committee”.
259.9 Replace the words “The party, candidate” by the
words “The national committee”.
260 Replace the section by the following section:
“260. Upon receipt of a copy of the writ, the
returning officer shall publish a notice of poll.
The notice of poll shall set forth
(1) the text of the question put to the electors;
(2) the days and hours of polling at advance polling
stations;
(3) the day and hours of polling at polling stations;
(4) the name of every national committee and, for
each of them, the given name and surname of the
chairman and of the official agent, and, for the
division, the given name and surname of the official
delegate and of the local agent.”
261 Replace the words “candidate or his mandatary” by the
words “official delegate”.
262 Replace the words “candidate and each party authority
at the level of the electoral division” in the first
paragraph by the words “official delegate”.
263 Replace the figure “317” by the figures “310, 312 to
317”.
264
to
269
270 Replace the words “the candidates” by the words “each
official delegate”.
271 Replace the words “candidate or his mandatary; the
latter may attend and may affix their” in the third
paragraph by the words “official delegate; he may
attend and may affix his”.
272
273 Replace the words “general election” in the first
paragraph by the word “referendum”.
Replace the words “of his domicile” in the third
paragraph by the words “where the house of detention
is situated”.
274 Replace the words “chief electoral officer” in the
third paragraph by the words “returning officer of
the electoral division concerned”.
Add, after the third paragraph, the following
paragraph:
“The returning officer shall ensure that the list
remains confidential.”
275
276 Replace the words “authorized party” by the words
“official delegate of a national committee”.
278 Replace the section by the following section:
“278. The returning officer referred to in section
275 shall give the deputy returning officer a sealed
ballot box containing the ballot papers, the list of
electors of the house of detention, the poll book and
the materials required for the poll. He shall also
give him directives on the work of the polling
officers.”
279
280 Strike out the second paragraph.
282 Replace the section by the following section:
“282. The counting of the votes shall be effected in
accordance with section 272.”
286
to
289
290 Replace the word “candidates” by the words “official
delegates”.
291
to
293.4
293.5 Strike out the words “and a list of the places where
the elector may consult the list of candidates” in
the first paragraph.
Strike out the words “be in the form prescribed by
Schedule IV and shall” in the second paragraph.
296
to
299
300 Replace the section by the following section:
“300. The counting of the votes of electors outside
Québec shall be proceeded with in accordance with
section 272, adapted as required.
However, the counting shall be proceeded with at the
place and time fixed by the chief electoral officer.
The deputy returning officer shall, for each
electoral division, draw up a statement of votes and
an abstract from such statement that he shall deliver
to the chief electoral officer or the person
designated by him, together with the ballot box.
The chief electoral officer shall forthwith
communicate the results to each returning officer
concerned and transmit to him the abstract from the
statement of votes which concerns him.”
302 Replace the word “candidate” in the fifth paragraph
by the words “official delegate”.
303
to
305
306 Replace the words “an election” in the first
paragraph by the words “a referendum”.
307
to
309
310 Replace the section by the following section:
“310. In every polling station, the returning
officer shall appoint, as deputy returning officer,
the person recommended by the official delegate of
the national committee which has the greatest number
of Members in the National Assembly.
He shall appoint, as poll clerk, the person
recommended by the official delegate of the national
committee which has the second greatest number of
Members in the National Assembly.
Where the two national committees have an equal
number of Members in the National Assembly, the
chief electoral officer shall determine, by a drawing
of lots, which committee is deemed to have the
greatest number of Members or, as the case may be,
the second greatest number of Members in the National
Assembly.”
312
312.1
313 Replace the word “candidate” in the first paragraph
by the words “official delegate”.
Replace the word “candidates” in the second paragraph
by the words “official delegates”.
314
315
316 Replace the section by the following section:
“316. The official delegate of each national
committee may designate a person and give him a power
of attorney to represent the national committee
before the deputy returning officer or the officer in
charge of information and order, or before each of
them.”
317 Replace the words “candidate or his mandatary” by the
words “official delegate”.
318 Replace the words “A candidate” by the words “The
official delegate of each national committee”.
319 Replace the words “candidate or his mandatary” by the
words “official delegate”.
320 Strike out the words “in accordance with the model
provided in Schedule III and” in the first paragraph.
321
to
323
324 Replace the section by the following section:
“324. The ballot paper must contain on the obverse
a space specially reserved for the wording of the
question.”
325
to
327
328 Replace the word “candidates” in the second paragraph
by the words “national committees”.
329
to
333
334 Replace the words “candidates and their mandataries”
by the words “chairmen of national committees and
their official delegates”.
335
to
341
342 Replace the word “candidate” by the words “national
committee”.
343
to
347
348 Replace the words “then indicate to him the order in
which the candidates appear on the ballot paper and
the indications entered under their names, where such
is the case” by the words “read the question and
indicate to him the order in which the options appear
on the ballot paper”.
349
350 Replace the word “candidate” in the first paragraph
by the words “national committee”.
Replace the word “election” in subparagraph 8 of the
first paragraph by the word “referendum”, the words
“a candidate” in subparagraph 4 of the first
paragraph by the words “an option” and the word
“election” in subparagraph 5 of the first paragraph
by the word “referendum”.
351
352 Strike out the word “political” in the first
paragraph and replace the words “a party or
candidate” in the first paragraph by the
words “an option submitted to a referendum”.
Replace the words “party or candidate promoted by
the publicity” in the second paragraph by the words
“national committee concerned”.
353
to
355
356 Replace the section by the following section:
“356. No elector may, on the premises of a polling
station, indicate, in any manner, the option in
favour of which he intends to vote or has voted.”
357 Replace the section by the following section:
“357. No official delegate, representative or
election officer may, on the premises of a polling
station, attempt to learn the option in favour of
which an elector intends to vote or has voted.”
358 Replace the section by the following section:
“358. No official delegate, representative, election
officer or elector who has given assistance to
another elector may disclose the option for which
the elector has voted.”
359 Replace the word “whom” by the words “which option”.
360 Replace the word “candidate” by the words “official
delegate”.
361
to
363
364 Replace the word “candidate” in subparagraph 4 of the
second paragraph by the word “option” and the words
“a person who is not a candidate” in subparagraph 5
of the second paragraph by the words “an option which
is not one of the options submitted to the
referendum”.
365
366 Replace the words “a candidate or the representative
of a candidate” by the words “an official delegate or
his representative”.
366.1
367 Replace the word “candidate” in the first paragraph
by the word “option”.
368 Replace the word “candidate” by the words “official
delegate”.
369
370
371 Replace the words “candidate or his mandatary” in the
first paragraph by the words “official delegate”.
Replace the words “candidate, mandatary” in the
second paragraph by the words “official delegate”.
372 Replace the word “candidate” in the first paragraph
by the word “option”.
Replace the figure “285” in the second paragraph by
the figure “300”.
373
374
375 Replace the words “declare elected the candidate who”
in the first paragraph by the words “announce the
option which”.
377 Replace the words “declare elected the candidate who”
and the word “candidate” in the first paragraph by
the words “issue a declaration indicating the option
which” and the words “official delegate”,
respectively.
378 Replace the word “election” in the first paragraph by
the word “referendum”.
379 Replace the word “election” by the word “referendum”.
380 Replace the section by the following section:
“380. The chief electoral officer shall, as soon as
possible, publish a notice in the Gazette officielle
du Québec indicating, for each electoral division,
the number of votes for each of the options
appearing on the ballot paper.”
381 Replace the word “election” which appears twice in
the first paragraph by the word “referendum”.
401 Replace the section by the following section:
“401. For the purposes of sections 403, 415, 416,
417 and 421, the expression “regulated expenses”
includes expenses referred to in paragraph 10 of
section 404 and the expression “official agent”
includes a private intervenor within the meaning of
Division V if the private intervenor is an elector,
and a representative of a private intervenor if the
private intervenor is a group of electors.”
402 Replace the section by the following section:
“402. The cost of any goods or services used during
the referendum period to promote or oppose, directly
or indirectly, an option submitted to a referendum is
a regulated expense.”
403 Replace the words “election period” by the words
“referendum period”.
Replace the words “election expenses” by the words
“regulated expenses”.
404 Replace the section by the following section:
“404. The following are not regulated expenses:
(1) the cost of publishing articles, editorials,
news, interviews, columns or letters to the editor in
a newspaper, periodical or other publication,
provided that they are published without payment,
reward or promise of payment or reward, that the
newspaper, periodical or other publication is not
established for the purposes or in view of the
referendum and that the circulation and frequency of
publication are as what obtains outside the
referendum period;
(2) the cost at fair market value of producing,
promoting and distributing a book that was planned to
be put on sale at the prevailing market price
regardless of the issue of the writ;
(3) the cost of broadcasting by a radio or television
station of a program of public affairs, news or
commentary, provided that the program is broadcast
without payment, reward or promise of payment or
reward;
(4) the reasonable expenses incurred by a person, out
of his own money, for meals and lodging while
travelling for referendum purposes, if the expenses
are not reimbursed to him;
(5) the transportation costs of a person, paid out of
his own money, if the costs are not reimbursed to
him;
(5.1) the cost of the food and beverages served at a
political activity where the cost is included in the
entrance fee paid by participants;
(6) the reasonable expenses incurred for the
publication of explanatory commentaries on this Act
and the regulations thereunder, provided the
commentaries are strictly objective and contain no
publicity of such a nature as to favour or oppose an
option submitted to a referendum;
(7) the reasonable ordinary expenses incurred for the
day-to-day operations of not more than two permanent
offices of an authorized party the addresses of which
are entered in the registers of the chief electoral
officer;
(8) interest accrued from the beginning of the
referendum period to the day occurring 90 days after
polling day, on any loan lawfully granted to an
official agent for regulated expenses, unless the
official agent has declared them as regulated
expenses in his return of regulated expenses;
(9) the expenses incurred for the holding of
meetings, the total of which does not exceed $600
for the entire referendum period, including the
renting of halls and the convening of participants,
provided the meetings are not directly or
indirectly organized on behalf of a national
committee;
(10) the publicity expenses, the total of which
does not exceed $1,000 for the entire referendum
period, incurred by a neutral intervenor authorized
under Division V, without directly promoting or
opposing an option, to advocate abstention or the
spoiling of ballots.
For the purposes of subparagraph 7 of the first
paragraph, the permanent office of an authorized
party is the office where the employees of the party
or of a body associated with it for the purpose of
attaining its objects and recognized by the leader of
the party for such a purpose by a letter addressed to
the chief electoral officer before the seventh day
following the issue of the writ, work on a permanent
basis, outside the referendum period, at ensuring the
dissemination of the party’s political program and
coordinating the political action of the party
members.”
405 Replace the words “election expenses, an authorized
party” in the first paragraph by the words “regulated
expenses, a national committee”.
Replace the second paragraph by the following
paragraph:
“The official agent shall be appointed by the
chairman of the national committee who shall notify
it to the chief electoral officer.”
Replace the words “leader of the party” in the third
paragraph by the words “chairman of the national
committee”.
Replace the words “a party” in the fourth paragraph
by the words “a national committee”.
406 Replace the section by the following section:
“406. Only one official agent is appointed for each
national committee.
However, the official agent may, with the approval of
the chairman of the national committee, appoint the
required number of deputies and, for each electoral
division, a local agent. He shall notify the chief
electoral officer and the returning officer thereof
in writing.
The official agent may authorize them to incur or
authorize regulated expenses up to the amount he
fixes in their deeds of appointment. The amount may
be changed at any time, in writing, by the official
agent before he files his return of regulated
expenses.
Any regulated expense incurred by the deputy of the
official agent or by a local agent is deemed to be
incurred by the official agent up to the amount fixed
in the deed of appointment.
The deputy and the local agent shall provide the
official agent of the national committee with a
detailed statement of expenses incurred or authorized
by them.”
407 Replace the first paragraph by the following
paragraph:
“407. An official agent or local agent may, in
writing, authorize an advertising agency to incur or
order regulated expenses up to the amount he fixes
in the authorization. That amount may be changed, by
the official agent or the local agent, as the case
may be, in writing, at any time before he files his
return of regulated expenses.”
Insert the words “or the local agent, as the case may
be” after the word “agent” in the second paragraph.
410 Replace the section by the following section:
“410. If the official agent dismisses a local agent,
he shall notify it in writing to the returning
officer. He may appoint another local agent.”
411 Replace the words “an official agent” in the first
paragraph by the words “a local agent”.
Replace the words “an official agent” and the words
“candidate or his mandatary” in the second paragraph
by the words “a local agent” and the words “official
delegate”, respectively.
412 Replace the section by the following section:
“412. No person may act as the official agent of a
national committee, his deputy or a local agent
unless he is qualified to vote.”
413 Replace the section by the following section:
“413. During a referendum period, only the official
agent of a national committee, his deputy or a local
agent may incur or authorize regulated expenses.
However, a non-affiliated elector authorized under
Division V may incur regulated publicity expenses
provided that the total of the expenses for the
entire referendum period does not exceed $1,000.”
414 Replace the section by the following section:
“414. An official agent, his deputy or a local
agent shall pay the cost of regulated expenses only
out of a referendum fund.”
415 Replace the section by the following section:
“415. No goods or services whose cost is wholly or
partly a regulated expense contemplated in section
403 may be used during a referendum period except by
the official agent of a national committee, his
deputy or a local agent, or with his authorization.”
416 Replace the section by the following section:
“416. No person may accept or execute an order for
regulated expenses not given or authorized by the
official agent of a national committee, his deputy,
a local agent or authorized advertising agency.”
417 Replace the words “election expense” and “election
period” in the first paragraph by the words
“regulated expense” and “referendum period”,
respectively.
421 Replace the words “an election” in the first
paragraph by the words “a referendum”.
Replace the words “or deputy” in the first, second
and third paragraphs by the words “, deputy or
local agent”.
421.1 Replace the second paragraph by the following
paragraph:
“Where the cost of the writing, object, material,
advertisement or publicity referred to in section
421 exceeds $1,000, the printer, manufacturer,
owner or radio or television broadcaster may only
mention or, as the case may be, indicate as the
person having caused the writing, object, material,
advertisement or publicity to be produced, published
or broadcast the name and title of the official agent
or deputy official agent of a national committee or
of the local agent of the official agent.”
422 Replace the words “the official agents of several
candidates”, the word “official”, and the word
“party” by the words “several local agents”, the word
“local” and the words “national committee”,
respectively.
424 Replace the word “election” in the first paragraph by
the word “regulated”.
425 Replace the first and second paragraphs by the
following paragraphs:
“425. Every person to whom an amount is due for
regulated expenses, other than expenses incurred by
a non-affiliated elector, shall present his claim to
the official agent or the local agent not later than
60 days after polling day. In no case may the
regulated expenses be paid by the official agent or
the local agent if the claim is presented to him
after that period has expired.
Where the official agent or local agent has died or
resigned and has not been replaced, the claim shall
be presented within the same time to the chairman of
the national committee or to the official agent, as
the case may be.”
426 Replace the section by the following section:
“426. Regulated expenses shall be limited so as
never to exceed for a national committee, during one
referendum, $1 per elector for all the electoral
divisions.
However, the national committee that represents the
option for which the fewest non-affiliated electors
have been authorized under section 457.6 to incur
regulated expenses may spend an additional amount to
50% of the difference between the expenses that
authorized non-affiliated electors favourable to one
option may incur and the expenses that may be
incurred by those favourable to the other option.
The amount is established by the chief electoral
officer who shall draw up a certificate and transmit
a copy to the chairman and the official agent of
each national committee not later than the tenth day
preceding polling day.”
427 Replace the section by the following section:
“427. For the purposes of section 426, the number of
electors is the greater of the number of electors
whose names are entered on the list of electors
produced upon the issue of a writ instituting a
referendum and the number of electors whose names
are entered on the list following revision.
The number is established by the chief electoral
officer who shall draw up a certificate thereof and
send a copy of the certificate to the chairman and
the official agent of each national committee.”
429 Replace the word “election” in the first paragraph by
the word “referendum”.
Strike out the second paragraph.
429.1 Replace the word “election” by the word
“referendum”.
430
431
434 Replace the first paragraph by the following
paragraph:
“434. The official agent of each national committee
and, through him, each local agent he has appointed
shall, within 90 days after polling day, deliver to
the chief electoral officer a return of the regulated
expenses incurred or authorized by them.”
Insert, after the second paragraph, the following
paragraph:
“The return must, in addition, indicate the name, the
complete address of the domicile of, and the amount
paid by, each elector whose total contribution to a
national committee exceeds $200.”
435 Replace the word “election” and the words and figure
“sections 432 and” by the word “regulated” and the
word “section”, respectively.
436 Replace the words “sections 432 and” in the first
paragraph by the word “section”.
Replace the words “leader of the party or to the
candidates if they so request” in the second
paragraph by the words “chairman of the national
committee if he so requests”.
437 Replace the section by the following section:
“437. In addition to regulated expenses, the
official agent and the local agent must indicate in
the returns prescribed in section 434 the source of
the sums paid into the referendum fund put at their
disposal.
They must also indicate
(1) the financial institutions with which the sums
collected by the national committee have been
deposited and the account numbers used;
(2) the total amount of contributions of $200 or
less;
(3) the total amount of contributions of over $200;
(4) the total of the amounts transferred or loaned by
the official representative of an authorized party.”
438 Replace the words and figure “sections 432 and” in
the first paragraph by the word “section”.
Replace the word “election” in the second paragraph
by the word “referendum”.
439
440 Replace the second paragraph by the following
paragraph:
“If the claim is not contested by the official agent,
he shall forward to the chief electoral officer the
necessary additional sum, out of his referendum fund,
to enable him to discharge the claim.”
441 Replace the section by the following section:
“441. On filing the return prescribed by section
434, the official agent of a national committee shall
keep the remaining sums or goods in his referendum
fund.
The sums and goods may be used only for political,
religious, scientific or charitable purposes.”
443 Replace the words “a candidate or party leader” in
the second paragraph by the words “the chairman or
official agent of the national committee”.
444 Replace the words “a candidate or party leader” by
the words “the chairman or official agent of a
national committee”.
Strike out the figure and word “432 or”.
445 Replace the section by the following section:
“445. Before filing the return and declaration
prescribed in section 434, an official agent and a
local agent must have discharged all the claims
received within the period prescribed in section 425
unless they contest them and indicate them as
contested.
In no case may the official agent, the local agent or
the national committee pay a claim so contested.
Only the official agent may pay the claim in
execution of a judgment of a competent tribunal in
favour of the creditor after the hearing of the case
and not upon an acquiescence in the demand or an
agreement of settlement.
The chief electoral officer may, if no national
committee objects, authorize the official agent of a
national committee to pay a contested claim if the
refusal or failure to pay results from bona fide
error.”
446 Insert the words “or local agent” after the word
“agent”.
447 Replace the word “representative” and the words
“return of election expenses” by the word “agent” and
the words “returns of regulated expenses”,
respectively.
448 Replace the section by the following section:
“448. The judge having jurisdiction to decide an
application under sections 443 to 446 is the chief
judge of the Court of Québec.
No application under the first paragraph may be
heard without a notice of at least three clear days
to the chief electoral officer and to the chairman
of each national committee.”
457.2 Replace the section by the following section:
“457.2. Only an elector or a group not endowed with
legal personality and composed in the majority of
natural persons who are qualified electors may apply
for authorization as a neutral intervenor.
Only an elector who cannot join a national committee
may apply for authorization as a non-affiliated
elector.
Neutral intervenors and non-affiliated electors are
private intervenors.”
457.3 Replace subparagraphs 3 to 6 of the first paragraph
by the following subparagraphs:
(3) in the case of a neutral intervenor, state
briefly the purpose of the application and declare
that he does not intend to directly promote or
oppose either option;
(4) in the case of a non-affiliated elector,
indicate which option he intends to promote and
state briefly why he cannot join a national
committee;
(5) declare that he is not associated with and has
not contributed to either national committee;
(6) declare that he is not acting directly or
indirectly on behalf of either national committee;”.
Insert, at the beginning of subparagraph 7 of the
first paragraph, the following: “in the case of a
neutral intervenor,”.
457.4 Replace the words “any candidate or party” at the
end of subparagraph 5 of the first paragraph by the
words “either option”.
Replace subparagraph 6 of the first paragraph by the
following subparagraph:
“(6) state briefly the purpose of the application,”.
Replace the words “any candidate or party” at the
end of subparagraph 7 of the first paragraph by the
words “either national committee”.
Replace the words “a member of any party” at the
end of subparagraph 8 of the first paragraph by the
words “associated with and has not contributed to
either national committee”.
457.5
457.6
457.7 Replace the word “election” in the first paragraph
by the word “referendum”.
Replace the words “a candidate” in the second
paragraph by the words “an official delegate”.
457.8 Replace the section by the following section:
“457.8. Not later than the tenth day preceding
polling day, the returning officer shall transmit
to the national committees and to each official
delegate a list of the authorizations which have
been granted.
The list shall indicate the name of each private
intervenor, the name of the private intervenor’s
representative, if any, and the number and date of
the authorization. The list shall also indicate
whether the private intervenor is a neutral
intervenor or a non-affiliated elector and, in
the latter case, the option that the non-affiliated
elector intends to promote.”
457.9 Replace the words “an election” in the first
paragraph by the words “a referendum”.
457.10
457.11
457.12 Replace the section by the following section:
“457.12. A private intervenor who is an elector or
the representative of a private intervenor may not
join or contribute to a national committee during the
referendum period.”
457.13 Replace the section by the following section:
“457.13. A neutral intervenor may not incur
expenses that are not related to the purpose stated
in the application for authorization or that
directly promote or oppose either option.
A non-affiliated elector may not incur expenses that
do not promote the option indicated in the
application for authorization.”
457.14
to
457.16
457.17 Replace the figure “$25” in the first paragraph by
the figure “$60”.
457.18
to
457.20
457.21 Replace the words “a judge of the Court of Québec”
in the first paragraph by the words “the Conseil du
référendum”.
Replace the word “court” in the third paragraph and
the word “judge” in the last paragraph by the word
“council”.
485 Strike out the second, third and fourth paragraphs.
486
487 Replace the section by the following section:
“487. In respect of the financing of national
committees and the control of regulated expenses, he
shall, in particular,
(1) verify that the national committees, official
agents and their deputies and local agents are
complying with the provisions of the Act;
(2) receive and examine the return of regulated
expenses;
(3) inquire into the legality of contributions and
regulated expenses.”
488 Replace the words “political parties” in paragraph 4
by the words “national committees”.
Replace, in paragraph 5, the words “political party”
by the words “national committee”, the word
“candidates” by the word “committees” and the word
“parties” by the words “national committees”.
488.1 Replace the word “election” in the first line and in
the last line by the word “referendum” and replace
the words “this Act” by the words “the Referendum Act
(chapter C-64.1)”.
489.1 Replace the words “authorized parties represented in
the National Assembly” by the words “national
committees” and strike out the words “, the filing of
nomination papers”.
490
Replace the words “election period or during an
enumeration or revision period” in the first
paragraph by the words “referendum period”.
Replace “authorized parties represented in the National
Assembly” by “national committees” and “other authorized
parties, the candidates” by “official delegates” ;
Strike out the words “or the end of the enumeration
or revision” in the third paragraph.
491
to
494
496 Strike out the first paragraph.
In the second paragraph, change in French; no change
necessary in English.
497
498
512
551
to
551.4
553 Replace the word “candidate” in paragraph 3 by the
words “national committee”.
553.1 Replace the word “election” in paragraph 1 by the
word “referendum”.
554 Replace the word “election” in paragraph 2 by the
word “referendum”.
Strike out the words “of election” in paragraph 3.
555
556 Strike out paragraph 4.
556.1 Replace the words “an election” in paragraphs 1 and
2 by the words “a referendum”.
557 Replace the word “election” by the word “referendum”.
558 Replace the words “every candidate or every person
who later becomes a candidate” in subparagraph 1 of
the first paragraph by the words “every official
delegate”.
Replace the words “a candidate” in subparagraph 2 of
the first paragraph by the words “an option”.
Replace the word “election” in subparagraph 1 of
the second paragraph by the word “regulated”.
Replace the words “the election of a candidate at
an election” in subparagraphs 1 and 2 of the second
paragraph by the words “an option submitted at a
referendum”.
559 Insert, after the word “agent”, the words “or any
local agent”.
Replace the word “election” in paragraph 1 by the
word “regulated”.
559.1 Replace the words “an election” in paragraph 1 by
the words “a regulated”.
560 Replace the words “candidate or party leader” by the
words “chairman or official delegate of a national
committee” and the word “election” by the word
“regulated”.
563 Replace the section by the following section:
“563. Every person who fails to file a report or
return of regulated expenses or the report referred
to in section 457.18 is liable to a fine of $50 for
each day of delay.”
564 Replace the section by the following section:
“564. Every person who contravenes any of sections
66, 87, 90 to 93, 95 to 97, 99, 100, 104, 105, 410,
413 to 417, 421, 421.1, 422, 424, 429, 429.1, 457.9
and 457.11 to 457.17 is liable to a fine of $500 to
$10,000.”
565
566
567 Strike out the following in the first paragraph: “,
in paragraph 4 of section 556”.
Replace the word “election” in the second paragraph
by the word “regulated” and insert after the word
“agent” the words “or the local agent”.
568 Strike out the second paragraph.
568.1
569 Replace the words “Such proceedings” in the second
paragraph by the words “Proceedings are instituted
before the Court of Québec. They”.
570 Replace the words “an election” in the first
paragraph by the words “a referendum”.
571
to
573
SCHEDULE II
Strike out “, 481, 499, 509, 529, 534”.
Replace “Election Act (Revised Statutes of Québec, chapter E-3.3)” by
“Referendum Act”.
APPENDIX 2
(Sections 44, 45)
PROVISIONS APPLICABLE TO THE HOLDING OF A REFERENDUM
ELECTION ACT (chapter E-3.3)
SECTIONS AMENDMENTS
1 Replace the words “Referendum Act (chapter
C-64.1)” in subparagraph 5 of the first
paragraph by the words “Election Act (chapter
E-3.3)”.
2
3 Replace the fourth paragraph by the following:
“An elector who is a Member of the National Assembly
representing an electoral division other than the
electoral division in which he is domiciled may be
considered to be domiciled either in the polling
subdivision of his domicile or in the polling
subdivision where the main office he uses as a
Member of the National Assembly in the electoral
division he represents is situated.”
Replace the words “election period” in
the fifth paragraph by the words “referendum
period”.
4
46 Replace the first paragraph by the following
paragraph:
“46. An official agent may resign by sending a
written notice to that effect to the chairman of the
national committee.”
Replace the words “Within 30 days of resigning, the
official representative shall file with the party,
the party authority, the independent Member or the
independent candidate” in the second paragraph by
the words “Within 30 days of resigning, the
official agent shall file with the national
committee”, and the words “financial report” by
the words “return of regulated expenses”.
Replace the words “an authorized entity no longer has
an official representative, another official
representative” in the third paragraph by the words
“a national committee no longer has an official
agent, another official agent”.
Replace the words “official representative or of a
delegate” in the fourth paragraph by the words
“official agent”.
60 Replace the section by the following section:
“60. The official agent of a national committee is
authorized to solicit and collect contributions until
polling day.
After polling day, the official agent is authorized
to solicit and collect contributions only for the
purpose of paying the debts arising from his
regulated expenses and to dispose, in accordance with
the second paragraph of section 441, of the sums and
property derived from his referendum fund.”
66 Replace the section by the following section:
“66. Where the chairman of a national committee
resigns, he shall so notify the chief electoral
officer in writing without delay.”
87 Strike out the second paragraph.
88 Replace the first paragraph by the following
paragraph:
“88. Sums of money donated to a national committee
and services rendered and goods furnished to it for
the purposes of promoting an option submitted to a
referendum are deemed to be contributions.”
Strike out subparagraphs 2 and 3 of the second
paragraph.
Replace subparagraph 4 of the second paragraph by
the following subparagraph:
“(4) a loan granted to a national committee at the
current market rate of interest at the time it is
granted by an authorized political party;”.
Strike out subparagraphs 5 and 6 of the second
paragraph.
Replace subparagraph 7 of the second paragraph by the
following subparagraph:
“(7) air time on the radio or television or space in
the newspaper, periodical or other printed matter
available free of charge to national committees by
any radio, television or cable broadcaster or any
owner of a newspaper, periodical or other printed
matter, provided he offers such service equitably as
to quality and quantity to each national committee;”.
Replace subparagraph 8 of the second paragraph by
the following subparagraph:
“(8) transfers of funds between:
(a) an authorized party and the referendum fund of
a national committee;
(b) the referendum fund of a national committee and
the referendum fund put at the disposal of a local
agent.”
90
91 Replace the first paragraph by the following
paragraph:
“91. The total of contributions to each national
committee by the same elector in the same referendum
shall not exceed the amount of $3 000.”
Replace the words “an authorized entity” in the
second paragraph by the words “a national committee”.
92 Replace the first paragraph by the following
paragraph:
“92. Contributions shall not be solicited except
under the responsibility of the official agent of a
national committee, or except through persons
designated in writing by the official agent.”
Replace the word “representative” in the second
paragraph by the word “agent”.
93 Replace the words “representative of the authorized
entity” by the words “agent of the national
committee”.
94 Replace the section by the following section:
“94. The local agent has, for the electoral division
for which he is appointed, the powers conferred on
the official agent of the national committee by
sections 92, 93 and 96.”
95
96 Replace the word “representative” by the word
“agent”.
97 Replace the words “authorized entity” by the words
“national committee”.
98 Replace the words “authorized entity” by the words
“national committee”.
99 Replace the words “authorized entity” by the words
“official agent”.
100
104 Replace the words “representative of an authorized
entity” by the words “agent of a national committee”.
105 Add, after the second paragraph, the following
paragraph:
“The principal of, and interest on, every loan must
be paid before the return of the regulated expenses
is sent.”
131
132 Replace the words “party authority at the level of
the electoral division” in the first paragraph by the
words “authority, at the level of the electoral
division, of an authorized party represented in the National
Assembly”.
133 Replace the word “election” by the word “referendum”.
134 Replace the words “political parties and independent
candidates” by the words “national committees”, and
the words “election expenses” by the words
“regulated expenses”.
135 Replace the words “particulars that will be contained
in” in the fourth and fifth lines by the words
“question that will appear on”.
136
137 Replace the word “candidate” in the second paragraph
by the words “national committee”.
Replace the word “election” in the third paragraph
by the word “referendum”.
138
to
144
145 Replace the word “election” in the first paragraph by
the word “referendum”.
146 Replace the section by the following section:
“146. Not later than the twenty-seventh day
preceding polling day, the returning officer shall
transmit to the national committees and to each
official delegate the list of electors for the
electoral division, the list of electors entitled
to exercise their right to vote outside Québec
for the division and the list of addresses for
which no electors’ names are entered.
The lists shall be transmitted in computerized form
and in duplicate copies.
For the purposes of this Act, “official delegate”
means a person appointed as such by the chairman of
a national committee to represent him in an electoral
division.”
147 Replace the word “election” in the first paragraph by
the word “referendum”.
Replace the word “parties” in the second paragraph by
the words “national committees”.
179
to
181
182 Replace the section by the following section:
“182. The returning officer shall inform the chief
electoral officer, the national committees and each
official delegate of the places selected.”
183
184 Replace the section by the following section:
“184. The returning officer shall appoint two
revisors not later than Wednesday of the fourth
week preceding that of the polling.
The first revisor shall be appointed on the
recommendation of the official delegate of the
national committee which has the greatest number of
Members of the National Assembly.
The second revisor shall be appointed on the
recommendation of the official delegate of the
national committee which has the second greatest
number of Members of the National Assembly.”
186 Strike out the first paragraph.
187
188 Replace the section by the following section:
“188. The revisor recommended by the national
committee which has the greatest number of
Members of the National Assembly shall act as
chairman of the board of revisors.
The revisor recommended by the national committee
which has the second greatest number of Members of
the National Assembly shall act as vice-chairman.”
189 Replace the section by the following section:
“189. The returning officer shall post, in his
office, the list of revisors appointed to each board
of revisors and shall transmit it to the chief
electoral officer, the national committees and each
official delegate.”
190
to
213
214 Replace the word “election” in the third paragraph by
the word “referendum”.
215
to
217
218 Replace the word “candidate” in the first paragraph
by the words “official delegate”.
227
to
231.1
231.2 Replace the word “candidate” in the second paragraph
by the words “official delegate”.
231.3
to
231.13
231.14 Replace `candidate´ in the second paragraph by `official
delegate´.
233 Replace the word “election” by the word
“referendum”.
248 Replace the first and second paragraphs by the
following paragraphs:
“248. Every employer shall, upon written request,
grant a leave without pay to an employee who acts as
the chairman of a national committee or as an
official delegate. The request may be made at any
time from the date of the writ instituting the
holding of a referendum.
The employee’s leave begins on the day requested by
the employee and ends on the thirtieth day following
polling day.”
249 Replace the first and second paragraphs by the
following paragraphs:
“249. Every employer shall, upon written request,
grant a leave without pay to an employee who acts as
the official agent of a national committee. The
request may be made at any time from the date of the
writ instituting the holding of a referendum.
The employee’s leave begins on the day requested by
the employee and ends on the ninetieth day following
polling day.”
250
251 Replace the words “a candidate or” by the words
“the chairman of a national committee, an official
delegate or an”.
252
to
255
259.1 Replace the word “election” by the word “referendum”
and the words “an election” by the words “a
referendum”.
259.2 Replace the word “Election” in the first and second
paragraphs by the word “Referendum”.
259.3 Replace the word “Election” by the word
“Referendum”.
259.4 Replace the word “election” by the word
“referendum”.
259.5 Replace the word “election” in the first and second
paragraphs by the word “referendum”.
259.6
259.7 Replace the words “Election” and “election” in the
first and third paragraphs by the words “Referendum”
and “Referendum”.
259.8 Replace the word “election” in the first paragraph
by the word “referendum”.
Replace the words “party or candidate concerned” in
the first paragraph by the words “national committee
concerned”.
Replace the words “party, candidate” in the second
paragraph by the words “national committee”.
259.9 Replace the words “The party, candidate” by the
words “The national committee”.
260 Replace the section by the following section:
“260. Upon receipt of a copy of the writ, the
returning officer shall publish a notice of poll.
The notice of poll shall set forth
(1) the text of the question put to the electors;
(2) the days and hours of polling at advance polling
stations;
(3) the day and hours of polling at polling stations;
(4) the name of every national committee and, for
each of them, the given name and surname of the
chairman and of the official agent, and, for the
division, the given name and surname of the official
delegate and of the local agent.”
261 Replace the words “candidate or his mandatary” by the
words “official delegate”.
262 Replace the words “candidate and each party authority
at the level of the electoral division” in the first
paragraph by the words “official delegate”.
263 Replace the figure “317” by the figures “310, 312 to
317”.
264
to
269
270 Replace the words “the candidates” by the words “each
official delegate”.
271 Replace the words “candidate or his mandatary; the
latter may attend and may affix their” in the third
paragraph by the words “official delegate; he may
attend and may affix his”.
272
273 Replace the words “general election” in the first
paragraph by the word “referendum”.
Replace the words “of his domicile” in the third
paragraph by the words “where the house of detention
is situated”.
274 Replace the words “chief electoral officer” in the
third paragraph by the words “returning officer of
the electoral division concerned”.
Add, after the third paragraph, the following
paragraph:
“The returning officer shall ensure that the list
remains confidential.”
275
276 Replace the words “authorized party” by the words
“official delegate of a national committee”.
278 Replace the section by the following section:
“278. The returning officer referred to in section
275 shall give the deputy returning officer a sealed
ballot box containing the ballot papers, the list of
electors of the house of detention, the poll book and
the materials required for the poll. He shall also
give him directives on the work of the polling
officers.”
279
280 Strike out the second paragraph.
282 Replace the section by the following section:
“282. The counting of the votes shall be effected in
accordance with section 272.”
286
to
289
290 Replace the word “candidates” by the words “official
delegates”.
291
to
293.4
293.5 Strike out the words “and a list of the places where
the elector may consult the list of candidates” in
the first paragraph.
Strike out the words “be in the form prescribed by
Schedule IV and shall” in the second paragraph.
296
to
299
300 Replace the section by the following section:
“300. The counting of the votes of electors outside
Québec shall be proceeded with in accordance with
section 272, adapted as required.
However, the counting shall be proceeded with at the
place and time fixed by the chief electoral officer.
The deputy returning officer shall, for each
electoral division, draw up a statement of votes and
an abstract from such statement that he shall deliver
to the chief electoral officer or the person
designated by him, together with the ballot box.
The chief electoral officer shall forthwith
communicate the results to each returning officer
concerned and transmit to him the abstract from the
statement of votes which concerns him.”
302 Replace the word “candidate” in the fifth paragraph
by the words “official delegate”.
303
to
305
306 Replace the words “an election” in the first
paragraph by the words “a referendum”.
307
to
309
310 Replace the section by the following section:
“310. In every polling station, the returning
officer shall appoint, as deputy returning officer,
the person recommended by the official delegate of
the national committee which has the greatest number
of Members in the National Assembly.
He shall appoint, as poll clerk, the person
recommended by the official delegate of the national
committee which has the second greatest number of
Members in the National Assembly.
Where the two national committees have an equal
number of Members in the National Assembly, the
chief electoral officer shall determine, by a drawing
of lots, which committee is deemed to have the
greatest number of Members or, as the case may be,
the second greatest number of Members in the National
Assembly.”
312
312.1
313 Replace the word “candidate” in the first paragraph
by the words “official delegate”.
Replace the word “candidates” in the second paragraph
by the words “official delegates”.
314
315
316 Replace the section by the following section:
“316. The official delegate of each national
committee may designate a person and give him a power
of attorney to represent the national committee
before the deputy returning officer or the officer in
charge of information and order, or before each of
them.”
317 Replace the words “candidate or his mandatary” by the
words “official delegate”.
318 Replace the words “A candidate” by the words “The
official delegate of each national committee”.
319 Replace the words “candidate or his mandatary” by the
words “official delegate”.
320 Strike out the words “in accordance with the model
provided in Schedule III and” in the first paragraph.
321
to
323
324 Replace the section by the following section:
“324. The ballot paper must contain on the obverse
a space specially reserved for the wording of the
question.”
325
to
327
328 Replace the word “candidates” in the second paragraph
by the words “national committees”.
329
to
333
334 Replace the words “candidates and their mandataries”
by the words “chairmen of national committees and
their official delegates”.
335
to
341
342 Replace the word “candidate” by the words “national
committee”.
343
to
347
348 Replace the words “then indicate to him the order in
which the candidates appear on the ballot paper and
the indications entered under their names, where such
is the case” by the words “read the question and
indicate to him the order in which the options appear
on the ballot paper”.
349
350 Replace the word “candidate” in the first paragraph
by the words “national committee”.
Replace the word “election” in subparagraph 8 of the
first paragraph by the word “referendum”, the words
“a candidate” in subparagraph 4 of the first
paragraph by the words “an option” and the word
“election” in subparagraph 5 of the first paragraph
by the word “referendum”.
351
352 Strike out the word “political” in the first
paragraph and replace the words “a party or
candidate” in the first paragraph by the
words “an option submitted to a referendum”.
Replace the words “party or candidate promoted by
the publicity” in the second paragraph by the words
“national committee concerned”.
353
to
355
356 Replace the section by the following section:
“356. No elector may, on the premises of a polling
station, indicate, in any manner, the option in
favour of which he intends to vote or has voted.”
357 Replace the section by the following section:
“357. No official delegate, representative or
election officer may, on the premises of a polling
station, attempt to learn the option in favour of
which an elector intends to vote or has voted.”
358 Replace the section by the following section:
“358. No official delegate, representative, election
officer or elector who has given assistance to
another elector may disclose the option for which
the elector has voted.”
359 Replace the word “whom” by the words “which option”.
360 Replace the word “candidate” by the words “official
delegate”.
361
to
363
364 Replace the word “candidate” in subparagraph 4 of the
second paragraph by the word “option” and the words
“a person who is not a candidate” in subparagraph 5
of the second paragraph by the words “an option which
is not one of the options submitted to the
referendum”.
365
366 Replace the words “a candidate or the representative
of a candidate” by the words “an official delegate or
his representative”.
366.1
367 Replace the word “candidate” in the first paragraph
by the word “option”.
368 Replace the word “candidate” by the words “official
delegate”.
369
370
371 Replace the words “candidate or his mandatary” in the
first paragraph by the words “official delegate”.
Replace the words “candidate, mandatary” in the
second paragraph by the words “official delegate”.
372 Replace the word “candidate” in the first paragraph
by the word “option”.
Replace the figure “285” in the second paragraph by
the figure “300”.
373
374
375 Replace the words “declare elected the candidate who”
in the first paragraph by the words “announce the
option which”.
377 Replace the words “declare elected the candidate who”
and the word “candidate” in the first paragraph by
the words “issue a declaration indicating the option
which” and the words “official delegate”,
respectively.
378 Replace the word “election” in the first paragraph by
the word “referendum”.
379 Replace the word “election” by the word “referendum”.
380 Replace the section by the following section:
“380. The chief electoral officer shall, as soon as
possible, publish a notice in the Gazette officielle
du Québec indicating, for each electoral division,
the number of votes for each of the options
appearing on the ballot paper.”
381 Replace the word “election” which appears twice in
the first paragraph by the word “referendum”.
401 Replace the section by the following section:
“401. For the purposes of sections 403, 415, 416,
417 and 421, the expression “regulated expenses”
includes expenses referred to in paragraph 10 of
section 404 and the expression “official agent”
includes a private intervenor within the meaning of
Division V if the private intervenor is an elector,
and a representative of a private intervenor if the
private intervenor is a group of electors.”
402 Replace the section by the following section:
“402. The cost of any goods or services used during
the referendum period to promote or oppose, directly
or indirectly, an option submitted to a referendum is
a regulated expense.”
403 Replace the words “election period” by the words
“referendum period”.
Replace the words “election expenses” by the words
“regulated expenses”.
404 Replace the section by the following section:
“404. The following are not regulated expenses:
(1) the cost of publishing articles, editorials,
news, interviews, columns or letters to the editor in
a newspaper, periodical or other publication,
provided that they are published without payment,
reward or promise of payment or reward, that the
newspaper, periodical or other publication is not
established for the purposes or in view of the
referendum and that the circulation and frequency of
publication are as what obtains outside the
referendum period;
(2) the cost at fair market value of producing,
promoting and distributing a book that was planned to
be put on sale at the prevailing market price
regardless of the issue of the writ;
(3) the cost of broadcasting by a radio or television
station of a program of public affairs, news or
commentary, provided that the program is broadcast
without payment, reward or promise of payment or
reward;
(4) the reasonable expenses incurred by a person, out
of his own money, for meals and lodging while
travelling for referendum purposes, if the expenses
are not reimbursed to him;
(5) the transportation costs of a person, paid out of
his own money, if the costs are not reimbursed to
him;
(5.1) the cost of the food and beverages served at a
political activity where the cost is included in the
entrance fee paid by participants;
(6) the reasonable expenses incurred for the
publication of explanatory commentaries on this Act
and the regulations thereunder, provided the
commentaries are strictly objective and contain no
publicity of such a nature as to favour or oppose an
option submitted to a referendum;
(7) the reasonable ordinary expenses incurred for the
day-to-day operations of not more than two permanent
offices of an authorized party the addresses of which
are entered in the registers of the chief electoral
officer;
(8) interest accrued from the beginning of the
referendum period to the day occurring 90 days after
polling day, on any loan lawfully granted to an
official agent for regulated expenses, unless the
official agent has declared them as regulated
expenses in his return of regulated expenses;
(9) the expenses incurred for the holding of
meetings, the total of which does not exceed $600
for the entire referendum period, including the
renting of halls and the convening of participants,
provided the meetings are not directly or
indirectly organized on behalf of a national
committee;
(10) the publicity expenses, the total of which
does not exceed $1,000 for the entire referendum
period, incurred by a neutral intervenor authorized
under Division V, without directly promoting or
opposing an option, to advocate abstention or the
spoiling of ballots.
For the purposes of subparagraph 7 of the first
paragraph, the permanent office of an authorized
party is the office where the employees of the party
or of a body associated with it for the purpose of
attaining its objects and recognized by the leader of
the party for such a purpose by a letter addressed to
the chief electoral officer before the seventh day
following the issue of the writ, work on a permanent
basis, outside the referendum period, at ensuring the
dissemination of the party’s political program and
coordinating the political action of the party
members.”
405 Replace the words “election expenses, an authorized
party” in the first paragraph by the words “regulated
expenses, a national committee”.
Replace the second paragraph by the following
paragraph:
“The official agent shall be appointed by the
chairman of the national committee who shall notify
it to the chief electoral officer.”
Replace the words “leader of the party” in the third
paragraph by the words “chairman of the national
committee”.
Replace the words “a party” in the fourth paragraph
by the words “a national committee”.
406 Replace the section by the following section:
“406. Only one official agent is appointed for each
national committee.
However, the official agent may, with the approval of
the chairman of the national committee, appoint the
required number of deputies and, for each electoral
division, a local agent. He shall notify the chief
electoral officer and the returning officer thereof
in writing.
The official agent may authorize them to incur or
authorize regulated expenses up to the amount he
fixes in their deeds of appointment. The amount may
be changed at any time, in writing, by the official
agent before he files his return of regulated
expenses.
Any regulated expense incurred by the deputy of the
official agent or by a local agent is deemed to be
incurred by the official agent up to the amount fixed
in the deed of appointment.
The deputy and the local agent shall provide the
official agent of the national committee with a
detailed statement of expenses incurred or authorized
by them.”
407 Replace the first paragraph by the following
paragraph:
“407. An official agent or local agent may, in
writing, authorize an advertising agency to incur or
order regulated expenses up to the amount he fixes
in the authorization. That amount may be changed, by
the official agent or the local agent, as the case
may be, in writing, at any time before he files his
return of regulated expenses.”
Insert the words “or the local agent, as the case may
be” after the word “agent” in the second paragraph.
410 Replace the section by the following section:
“410. If the official agent dismisses a local agent,
he shall notify it in writing to the returning
officer. He may appoint another local agent.”
411 Replace the words “an official agent” in the first
paragraph by the words “a local agent”.
Replace the words “an official agent” and the words
“candidate or his mandatary” in the second paragraph
by the words “a local agent” and the words “official
delegate”, respectively.
412 Replace the section by the following section:
“412. No person may act as the official agent of a
national committee, his deputy or a local agent
unless he is qualified to vote.”
413 Replace the section by the following section:
“413. During a referendum period, only the official
agent of a national committee, his deputy or a local
agent may incur or authorize regulated expenses.
However, a non-affiliated elector authorized under
Division V may incur regulated publicity expenses
provided that the total of the expenses for the
entire referendum period does not exceed $1,000.”
414 Replace the section by the following section:
“414. An official agent, his deputy or a local
agent shall pay the cost of regulated expenses only
out of a referendum fund.”
415 Replace the section by the following section:
“415. No goods or services whose cost is wholly or
partly a regulated expense contemplated in section
403 may be used during a referendum period except by
the official agent of a national committee, his
deputy or a local agent, or with his authorization.”
416 Replace the section by the following section:
“416. No person may accept or execute an order for
regulated expenses not given or authorized by the
official agent of a national committee, his deputy,
a local agent or authorized advertising agency.”
417 Replace the words “election expense” and “election
period” in the first paragraph by the words
“regulated expense” and “referendum period”,
respectively.
421 Replace the words “an election” in the first
paragraph by the words “a referendum”.
Replace the words “or deputy” in the first, second
and third paragraphs by the words “, deputy or
local agent”.
421.1 Replace the second paragraph by the following
paragraph:
“Where the cost of the writing, object, material,
advertisement or publicity referred to in section
421 exceeds $1,000, the printer, manufacturer,
owner or radio or television broadcaster may only
mention or, as the case may be, indicate as the
person having caused the writing, object, material,
advertisement or publicity to be produced, published
or broadcast the name and title of the official agent
or deputy official agent of a national committee or
of the local agent of the official agent.”
422 Replace the words “the official agents of several
candidates”, the word “official”, and the word
“party” by the words “several local agents”, the word
“local” and the words “national committee”,
respectively.
424 Replace the word “election” in the first paragraph by
the word “regulated”.
425 Replace the first and second paragraphs by the
following paragraphs:
“425. Every person to whom an amount is due for
regulated expenses, other than expenses incurred by
a non-affiliated elector, shall present his claim to
the official agent or the local agent not later than
60 days after polling day. In no case may the
regulated expenses be paid by the official agent or
the local agent if the claim is presented to him
after that period has expired.
Where the official agent or local agent has died or
resigned and has not been replaced, the claim shall
be presented within the same time to the chairman of
the national committee or to the official agent, as
the case may be.”
426 Replace the section by the following section:
“426. Regulated expenses shall be limited so as
never to exceed for a national committee, during one
referendum, $1 per elector for all the electoral
divisions.
However, the national committee that represents the
option for which the fewest non-affiliated electors
have been authorized under section 457.6 to incur
regulated expenses may spend an additional amount to
50% of the difference between the expenses that
authorized non-affiliated electors favourable to one
option may incur and the expenses that may be
incurred by those favourable to the other option.
The amount is established by the chief electoral
officer who shall draw up a certificate and transmit
a copy to the chairman and the official agent of
each national committee not later than the tenth day
preceding polling day.”
427 Replace the section by the following section:
“427. For the purposes of section 426, the number of
electors is the greater of the number of electors
whose names are entered on the list of electors
produced upon the issue of a writ instituting a
referendum and the number of electors whose names
are entered on the list following revision.
The number is established by the chief electoral
officer who shall draw up a certificate thereof and
send a copy of the certificate to the chairman and
the official agent of each national committee.”
429 Replace the word “election” in the first paragraph by
the word “referendum”.
Strike out the second paragraph.
429.1 Replace the word “election” by the word
“referendum”.
430
431
434 Replace the first paragraph by the following
paragraph:
“434. The official agent of each national committee
and, through him, each local agent he has appointed
shall, within 90 days after polling day, deliver to
the chief electoral officer a return of the regulated
expenses incurred or authorized by them.”
Insert, after the second paragraph, the following
paragraph:
“The return must, in addition, indicate the name, the
complete address of the domicile of, and the amount
paid by, each elector whose total contribution to a
national committee exceeds $200.”
435 Replace the word “election” and the words and figure
“sections 432 and” by the word “regulated” and the
word “section”, respectively.
436 Replace the words “sections 432 and” in the first
paragraph by the word “section”.
Replace the words “leader of the party or to the
candidates if they so request” in the second
paragraph by the words “chairman of the national
committee if he so requests”.
437 Replace the section by the following section:
“437. In addition to regulated expenses, the
official agent and the local agent must indicate in
the returns prescribed in section 434 the source of
the sums paid into the referendum fund put at their
disposal.
They must also indicate
(1) the financial institutions with which the sums
collected by the national committee have been
deposited and the account numbers used;
(2) the total amount of contributions of $200 or
less;
(3) the total amount of contributions of over $200;
(4) the total of the amounts transferred or loaned by
the official representative of an authorized party.”
438 Replace the words and figure “sections 432 and” in
the first paragraph by the word “section”.
Replace the word “election” in the second paragraph
by the word “referendum”.
439
440 Replace the second paragraph by the following
paragraph:
“If the claim is not contested by the official agent,
he shall forward to the chief electoral officer the
necessary additional sum, out of his referendum fund,
to enable him to discharge the claim.”
441 Replace the section by the following section:
“441. On filing the return prescribed by section
434, the official agent of a national committee shall
keep the remaining sums or goods in his referendum
fund.
The sums and goods may be used only for political,
religious, scientific or charitable purposes.”
443 Replace the words “a candidate or party leader” in
the second paragraph by the words “the chairman or
official agent of the national committee”.
444 Replace the words “a candidate or party leader” by
the words “the chairman or official agent of a
national committee”.
Strike out the figure and word “432 or”.
445 Replace the section by the following section:
“445. Before filing the return and declaration
prescribed in section 434, an official agent and a
local agent must have discharged all the claims
received within the period prescribed in section 425
unless they contest them and indicate them as
contested.
In no case may the official agent, the local agent or
the national committee pay a claim so contested.
Only the official agent may pay the claim in
execution of a judgment of a competent tribunal in
favour of the creditor after the hearing of the case
and not upon an acquiescence in the demand or an
agreement of settlement.
The chief electoral officer may, if no national
committee objects, authorize the official agent of a
national committee to pay a contested claim if the
refusal or failure to pay results from bona fide
error.”
446 Insert the words “or local agent” after the word
“agent”.
447 Replace the word “representative” and the words
“return of election expenses” by the word “agent” and
the words “returns of regulated expenses”,
respectively.
448 Replace the section by the following section:
“448. The judge having jurisdiction to decide an
application under sections 443 to 446 is the chief
judge of the Court of Québec.
No application under the first paragraph may be
heard without a notice of at least three clear days
to the chief electoral officer and to the chairman
of each national committee.”
457.2 Replace the section by the following section:
“457.2. Only an elector or a group not endowed with
legal personality and composed in the majority of
natural persons who are qualified electors may apply
for authorization as a neutral intervenor.
Only an elector who cannot join a national committee
may apply for authorization as a non-affiliated
elector.
Neutral intervenors and non-affiliated electors are
private intervenors.”
457.3 Replace subparagraphs 3 to 6 of the first paragraph
by the following subparagraphs:
(3) in the case of a neutral intervenor, state
briefly the purpose of the application and declare
that he does not intend to directly promote or
oppose either option;
(4) in the case of a non-affiliated elector,
indicate which option he intends to promote and
state briefly why he cannot join a national
committee;
(5) declare that he is not associated with and has
not contributed to either national committee;
(6) declare that he is not acting directly or
indirectly on behalf of either national committee;”.
Insert, at the beginning of subparagraph 7 of the
first paragraph, the following: “in the case of a
neutral intervenor,”.
457.4 Replace the words “any candidate or party” at the
end of subparagraph 5 of the first paragraph by the
words “either option”.
Replace subparagraph 6 of the first paragraph by the
following subparagraph:
“(6) state briefly the purpose of the application,”.
Replace the words “any candidate or party” at the
end of subparagraph 7 of the first paragraph by the
words “either national committee”.
Replace the words “a member of any party” at the
end of subparagraph 8 of the first paragraph by the
words “associated with and has not contributed to
either national committee”.
457.5
457.6
457.7 Replace the word “election” in the first paragraph
by the word “referendum”.
Replace the words “a candidate” in the second
paragraph by the words “an official delegate”.
457.8 Replace the section by the following section:
“457.8. Not later than the tenth day preceding
polling day, the returning officer shall transmit
to the national committees and to each official
delegate a list of the authorizations which have
been granted.
The list shall indicate the name of each private
intervenor, the name of the private intervenor’s
representative, if any, and the number and date of
the authorization. The list shall also indicate
whether the private intervenor is a neutral
intervenor or a non-affiliated elector and, in
the latter case, the option that the non-affiliated
elector intends to promote.”
457.9 Replace the words “an election” in the first
paragraph by the words “a referendum”.
457.10
457.11
457.12 Replace the section by the following section:
“457.12. A private intervenor who is an elector or
the representative of a private intervenor may not
join or contribute to a national committee during the
referendum period.”
457.13 Replace the section by the following section:
“457.13. A neutral intervenor may not incur
expenses that are not related to the purpose stated
in the application for authorization or that
directly promote or oppose either option.
A non-affiliated elector may not incur expenses that
do not promote the option indicated in the
application for authorization.”
457.14
to
457.16
457.17 Replace the figure “$25” in the first paragraph by
the figure “$60”.
457.18
to
457.20
457.21 Replace the words “a judge of the Court of Québec”
in the first paragraph by the words “the Conseil du
référendum”.
Replace the word “court” in the third paragraph and
the word “judge” in the last paragraph by the word
“council”.
485 Strike out the second, third and fourth paragraphs.
486
487 Replace the section by the following section:
“487. In respect of the financing of national
committees and the control of regulated expenses, he
shall, in particular,
(1) verify that the national committees, official
agents and their deputies and local agents are
complying with the provisions of the Act;
(2) receive and examine the return of regulated
expenses;
(3) inquire into the legality of contributions and
regulated expenses.”
488 Replace the words “political parties” in paragraph 4
by the words “national committees”.
Replace, in paragraph 5, the words “political party”
by the words “national committee”, the word
“candidates” by the word “committees” and the word
“parties” by the words “national committees”.
488.1 Replace the word “election” in the first line and in
the last line by the word “referendum” and replace
the words “this Act” by the words “the Referendum Act
(chapter C-64.1)”.
489.1 Replace the words “authorized parties represented in
the National Assembly” by the words “national
committees” and strike out the words “, the filing of
nomination papers”.
490
Replace the words “election period or during an
enumeration or revision period” in the first
paragraph by the words “referendum period”.
Replace “authorized parties represented in the National
Assembly” by “national committees” and “other authorized
parties, the candidates” by “official delegates” ;
Strike out the words “or the end of the enumeration
or revision” in the third paragraph.
491
to
494
496 Strike out the first paragraph.
In the second paragraph, change in French; no change
necessary in English.
497
498
512
551
to
551.4
553 Replace the word “candidate” in paragraph 3 by the
words “national committee”.
553.1 Replace the word “election” in paragraph 1 by the
word “referendum”.
554 Replace the word “election” in paragraph 2 by the
word “referendum”.
Strike out the words “of election” in paragraph 3.
555
556 Strike out paragraph 4.
556.1 Replace the words “an election” in paragraphs 1 and
2 by the words “a referendum”.
557 Replace the word “election” by the word “referendum”.
558 Replace the words “every candidate or every person
who later becomes a candidate” in subparagraph 1 of
the first paragraph by the words “every official
delegate”.
Replace the words “a candidate” in subparagraph 2 of
the first paragraph by the words “an option”.
Replace the word “election” in subparagraph 1 of
the second paragraph by the word “regulated”.
Replace the words “the election of a candidate at
an election” in subparagraphs 1 and 2 of the second
paragraph by the words “an option submitted at a
referendum”.
559 Insert, after the word “agent”, the words “or any
local agent”.
Replace the word “election” in paragraph 1 by the
word “regulated”.
559.1 Replace the words “an election” in paragraph 1 by
the words “a regulated”.
560 Replace the words “candidate or party leader” by the
words “chairman or official delegate of a national
committee” and the word “election” by the word
“regulated”.
563 Replace the section by the following section:
“563. Every person who fails to file a report or
return of regulated expenses or the report referred
to in section 457.18 is liable to a fine of $50 for
each day of delay.”
564 Replace the section by the following section:
“564. Every person who contravenes any of sections
66, 87, 90 to 93, 95 to 97, 99, 100, 104, 105, 410,
413 to 417, 421, 421.1, 422, 424, 429, 429.1, 457.9
and 457.11 to 457.17 is liable to a fine of $500 to
$10,000.”
565
566
567 Strike out the following in the first paragraph: “,
in paragraph 4 of section 556”.
Replace the word “election” in the second paragraph
by the word “regulated” and insert after the word
“agent” the words “or the local agent”.
568 Strike out the second paragraph.
568.1
569 Replace the words “Such proceedings” in the second
paragraph by the words “Proceedings are instituted
before the Court of Québec. They”.
570 Replace the words “an election” in the first
paragraph by the words “a referendum”.
571
to
573
SCHEDULE II
Strike out “, 481, 499, 509, 529, 534”.
Replace “Election Act (Revised Statutes of Québec, chapter E-3.3)” by
“Referendum Act”.
PROVISIONS APPLICABLE TO THE HOLDING OF A REFERENDUM
ELECTION ACT (chapter E-3.3)
SECTIONS AMENDMENTS
1 Replace the words “Referendum Act (chapter
C-64.1)” in subparagraph 5 of the first
paragraph by the words “Election Act (chapter
E-3.3)”.
2
3 Replace the fourth paragraph by the following:
“An elector who is a Member of the National Assembly
representing an electoral division other than the
electoral division in which he is domiciled may be
considered to be domiciled either in the polling
subdivision of his domicile or in the polling
subdivision where the main office he uses as a
Member of the National Assembly in the electoral
division he represents is situated.”
Replace the words “election period” in
the fifth paragraph by the words “referendum
period”.
4
46 Replace the first paragraph by the following
paragraph:
“46. An official agent may resign by sending a
written notice to that effect to the chairman of the
national committee.”
Replace the words “Within 30 days of resigning, the
official representative shall file with the party,
the party authority, the independent Member or the
independent candidate” in the second paragraph by
the words “Within 30 days of resigning, the
official agent shall file with the national
committee”, and the words “financial report” by
the words “return of regulated expenses”.
Replace the words “an authorized entity no longer has
an official representative, another official
representative” in the third paragraph by the words
“a national committee no longer has an official
agent, another official agent”.
Replace the words “official representative or of a
delegate” in the fourth paragraph by the words
“official agent”.
60 Replace the section by the following section:
“60. The official agent of a national committee is
authorized to solicit and collect contributions until
polling day.
After polling day, the official agent is authorized
to solicit and collect contributions only for the
purpose of paying the debts arising from his
regulated expenses and to dispose, in accordance with
the second paragraph of section 441, of the sums and
property derived from his referendum fund.”
66 Replace the section by the following section:
“66. Where the chairman of a national committee
resigns, he shall so notify the chief electoral
officer in writing without delay.”
87 Strike out the second paragraph.
88 Replace the first paragraph by the following
paragraph:
“88. Sums of money donated to a national committee
and services rendered and goods furnished to it for
the purposes of promoting an option submitted to a
referendum are deemed to be contributions.”
Strike out subparagraphs 2 and 3 of the second
paragraph.
Replace subparagraph 4 of the second paragraph by
the following subparagraph:
“(4) a loan granted to a national committee at the
current market rate of interest at the time it is
granted by an authorized political party;”.
Strike out subparagraphs 5 and 6 of the second
paragraph.
Replace subparagraph 7 of the second paragraph by the
following subparagraph:
“(7) air time on the radio or television or space in
the newspaper, periodical or other printed matter
available free of charge to national committees by
any radio, television or cable broadcaster or any
owner of a newspaper, periodical or other printed
matter, provided he offers such service equitably as
to quality and quantity to each national committee;”.
Replace subparagraph 8 of the second paragraph by
the following subparagraph:
“(8) transfers of funds between:
(a) an authorized party and the referendum fund of
a national committee;
(b) the referendum fund of a national committee and
the referendum fund put at the disposal of a local
agent.”
90
91 Replace the first paragraph by the following
paragraph:
“91. The total of contributions to each national
committee by the same elector in the same referendum
shall not exceed the amount of $3 000.”
Replace the words “an authorized entity” in the
second paragraph by the words “a national committee”.
92 Replace the first paragraph by the following
paragraph:
“92. Contributions shall not be solicited except
under the responsibility of the official agent of a
national committee, or except through persons
designated in writing by the official agent.”
Replace the word “representative” in the second
paragraph by the word “agent”.
93 Replace the words “representative of the authorized
entity” by the words “agent of the national
committee”.
94 Replace the section by the following section:
“94. The local agent has, for the electoral division
for which he is appointed, the powers conferred on
the official agent of the national committee by
sections 92, 93 and 96.”
95
96 Replace the word “representative” by the word
“agent”.
97 Replace the words “authorized entity” by the words
“national committee”.
98 Replace the words “authorized entity” by the words
“national committee”.
99 Replace the words “authorized entity” by the words
“official agent”.
100
104 Replace the words “representative of an authorized
entity” by the words “agent of a national committee”.
105 Add, after the second paragraph, the following
paragraph:
“The principal of, and interest on, every loan must
be paid before the return of the regulated expenses
is sent.”
131
132 Replace the words “party authority at the level of
the electoral division” in the first paragraph by the
words “authority, at the level of the electoral
division, of an authorized party represented in the National
Assembly”.
133 Replace the word “election” by the word “referendum”.
134 Replace the words “political parties and independent
candidates” by the words “national committees”, and
the words “election expenses” by the words
“regulated expenses”.
135 Replace the words “particulars that will be contained
in” in the fourth and fifth lines by the words
“question that will appear on”.
136
137 Replace the word “candidate” in the second paragraph
by the words “national committee”.
Replace the word “election” in the third paragraph
by the word “referendum”.
138
to
144
145 Replace the word “election” in the first paragraph by
the word “referendum”.
146 Replace the section by the following section:
“146. Not later than the twenty-seventh day
preceding polling day, the returning officer shall
transmit to the national committees and to each
official delegate the list of electors for the
electoral division, the list of electors entitled
to exercise their right to vote outside Québec
for the division and the list of addresses for
which no electors’ names are entered.
The lists shall be transmitted in computerized form
and in duplicate copies.
For the purposes of this Act, “official delegate”
means a person appointed as such by the chairman of
a national committee to represent him in an electoral
division.”
147 Replace the word “election” in the first paragraph by
the word “referendum”.
Replace the word “parties” in the second paragraph by
the words “national committees”.
179
to
181
182 Replace the section by the following section:
“182. The returning officer shall inform the chief
electoral officer, the national committees and each
official delegate of the places selected.”
183
184 Replace the section by the following section:
“184. The returning officer shall appoint two
revisors not later than Wednesday of the fourth
week preceding that of the polling.
The first revisor shall be appointed on the
recommendation of the official delegate of the
national committee which has the greatest number of
Members of the National Assembly.
The second revisor shall be appointed on the
recommendation of the official delegate of the
national committee which has the second greatest
number of Members of the National Assembly.”
186 Strike out the first paragraph.
187
188 Replace the section by the following section:
“188. The revisor recommended by the national
committee which has the greatest number of
Members of the National Assembly shall act as
chairman of the board of revisors.
The revisor recommended by the national committee
which has the second greatest number of Members of
the National Assembly shall act as vice-chairman.”
189 Replace the section by the following section:
“189. The returning officer shall post, in his
office, the list of revisors appointed to each board
of revisors and shall transmit it to the chief
electoral officer, the national committees and each
official delegate.”
190
to
213
214 Replace the word “election” in the third paragraph by
the word “referendum”.
215
to
217
218 Replace the word “candidate” in the first paragraph
by the words “official delegate”.
227
to
231.1
231.2 Replace the word “candidate” in the second paragraph
by the words “official delegate”.
231.3
to
231.13
231.14 Replace `candidate´ in the second paragraph by `official
delegate´.
233 Replace the word “election” by the word
“referendum”.
248 Replace the first and second paragraphs by the
following paragraphs:
“248. Every employer shall, upon written request,
grant a leave without pay to an employee who acts as
the chairman of a national committee or as an
official delegate. The request may be made at any
time from the date of the writ instituting the
holding of a referendum.
The employee’s leave begins on the day requested by
the employee and ends on the thirtieth day following
polling day.”
249 Replace the first and second paragraphs by the
following paragraphs:
“249. Every employer shall, upon written request,
grant a leave without pay to an employee who acts as
the official agent of a national committee. The
request may be made at any time from the date of the
writ instituting the holding of a referendum.
The employee’s leave begins on the day requested by
the employee and ends on the ninetieth day following
polling day.”
250
251 Replace the words “a candidate or” by the words
“the chairman of a national committee, an official
delegate or an”.
252
to
255
259.1 Replace the word “election” by the word “referendum”
and the words “an election” by the words “a
referendum”.
259.2 Replace the word “Election” in the first and second
paragraphs by the word “Referendum”.
259.3 Replace the word “Election” by the word
“Referendum”.
259.4 Replace the word “election” by the word
“referendum”.
259.5 Replace the word “election” in the first and second
paragraphs by the word “referendum”.
259.6
259.7 Replace the words “Election” and “election” in the
first and third paragraphs by the words “Referendum”
and “Referendum”.
259.8 Replace the word “election” in the first paragraph
by the word “referendum”.
Replace the words “party or candidate concerned” in
the first paragraph by the words “national committee
concerned”.
Replace the words “party, candidate” in the second
paragraph by the words “national committee”.
259.9 Replace the words “The party, candidate” by the
words “The national committee”.
260 Replace the section by the following section:
“260. Upon receipt of a copy of the writ, the
returning officer shall publish a notice of poll.
The notice of poll shall set forth
(1) the text of the question put to the electors;
(2) the days and hours of polling at advance polling
stations;
(3) the day and hours of polling at polling stations;
(4) the name of every national committee and, for
each of them, the given name and surname of the
chairman and of the official agent, and, for the
division, the given name and surname of the official
delegate and of the local agent.”
261 Replace the words “candidate or his mandatary” by the
words “official delegate”.
262 Replace the words “candidate and each party authority
at the level of the electoral division” in the first
paragraph by the words “official delegate”.
263 Replace the figure “317” by the figures “310, 312 to
317”.
264
to
269
270 Replace the words “the candidates” by the words “each
official delegate”.
271 Replace the words “candidate or his mandatary; the
latter may attend and may affix their” in the third
paragraph by the words “official delegate; he may
attend and may affix his”.
272
273 Replace the words “general election” in the first
paragraph by the word “referendum”.
Replace the words “of his domicile” in the third
paragraph by the words “where the house of detention
is situated”.
274 Replace the words “chief electoral officer” in the
third paragraph by the words “returning officer of
the electoral division concerned”.
Add, after the third paragraph, the following
paragraph:
“The returning officer shall ensure that the list
remains confidential.”
275
276 Replace the words “authorized party” by the words
“official delegate of a national committee”.
278 Replace the section by the following section:
“278. The returning officer referred to in section
275 shall give the deputy returning officer a sealed
ballot box containing the ballot papers, the list of
electors of the house of detention, the poll book and
the materials required for the poll. He shall also
give him directives on the work of the polling
officers.”
279
280 Strike out the second paragraph.
282 Replace the section by the following section:
“282. The counting of the votes shall be effected in
accordance with section 272.”
286
to
289
290 Replace the word “candidates” by the words “official
delegates”.
291
to
293.4
293.5 Strike out the words “and a list of the places where
the elector may consult the list of candidates” in
the first paragraph.
Strike out the words “be in the form prescribed by
Schedule IV and shall” in the second paragraph.
296
to
299
300 Replace the section by the following section:
“300. The counting of the votes of electors outside
Québec shall be proceeded with in accordance with
section 272, adapted as required.
However, the counting shall be proceeded with at the
place and time fixed by the chief electoral officer.
The deputy returning officer shall, for each
electoral division, draw up a statement of votes and
an abstract from such statement that he shall deliver
to the chief electoral officer or the person
designated by him, together with the ballot box.
The chief electoral officer shall forthwith
communicate the results to each returning officer
concerned and transmit to him the abstract from the
statement of votes which concerns him.”
302 Replace the word “candidate” in the fifth paragraph
by the words “official delegate”.
303
to
305
306 Replace the words “an election” in the first
paragraph by the words “a referendum”.
307
to
309
310 Replace the section by the following section:
“310. In every polling station, the returning
officer shall appoint, as deputy returning officer,
the person recommended by the official delegate of
the national committee which has the greatest number
of Members in the National Assembly.
He shall appoint, as poll clerk, the person
recommended by the official delegate of the national
committee which has the second greatest number of
Members in the National Assembly.
Where the two national committees have an equal
number of Members in the National Assembly, the
chief electoral officer shall determine, by a drawing
of lots, which committee is deemed to have the
greatest number of Members or, as the case may be,
the second greatest number of Members in the National
Assembly.”
312
312.1
313 Replace the word “candidate” in the first paragraph
by the words “official delegate”.
Replace the word “candidates” in the second paragraph
by the words “official delegates”.
314
315
316 Replace the section by the following section:
“316. The official delegate of each national
committee may designate a person and give him a power
of attorney to represent the national committee
before the deputy returning officer or the officer in
charge of information and order, or before each of
them.”
317 Replace the words “candidate or his mandatary” by the
words “official delegate”.
318 Replace the words “A candidate” by the words “The
official delegate of each national committee”.
319 Replace the words “candidate or his mandatary” by the
words “official delegate”.
320 Strike out the words “in accordance with the model
provided in Schedule III and” in the first paragraph.
321
to
323
324 Replace the section by the following section:
“324. The ballot paper must contain on the obverse
a space specially reserved for the wording of the
question.”
325
to
327
328 Replace the word “candidates” in the second paragraph
by the words “national committees”.
329
to
333
334 Replace the words “candidates and their mandataries”
by the words “chairmen of national committees and
their official delegates”.
335
to
341
342 Replace the word “candidate” by the words “national
committee”.
343
to
347
348 Replace the words “then indicate to him the order in
which the candidates appear on the ballot paper and
the indications entered under their names, where such
is the case” by the words “read the question and
indicate to him the order in which the options appear
on the ballot paper”.
349
350 Replace the word “candidate” in the first paragraph
by the words “national committee”.
Replace the word “election” in subparagraph 8 of the
first paragraph by the word “referendum”, the words
“a candidate” in subparagraph 4 of the first
paragraph by the words “an option” and the word
“election” in subparagraph 5 of the first paragraph
by the word “referendum”.
351
352 Strike out the word “political” in the first
paragraph and replace the words “a party or
candidate” in the first paragraph by the
words “an option submitted to a referendum”.
Replace the words “party or candidate promoted by
the publicity” in the second paragraph by the words
“national committee concerned”.
353
to
355
356 Replace the section by the following section:
“356. No elector may, on the premises of a polling
station, indicate, in any manner, the option in
favour of which he intends to vote or has voted.”
357 Replace the section by the following section:
“357. No official delegate, representative or
election officer may, on the premises of a polling
station, attempt to learn the option in favour of
which an elector intends to vote or has voted.”
358 Replace the section by the following section:
“358. No official delegate, representative, election
officer or elector who has given assistance to
another elector may disclose the option for which
the elector has voted.”
359 Replace the word “whom” by the words “which option”.
360 Replace the word “candidate” by the words “official
delegate”.
361
to
363
364 Replace the word “candidate” in subparagraph 4 of the
second paragraph by the word “option” and the words
“a person who is not a candidate” in subparagraph 5
of the second paragraph by the words “an option which
is not one of the options submitted to the
referendum”.
365
366 Replace the words “a candidate or the representative
of a candidate” by the words “an official delegate or
his representative”.
366.1
367 Replace the word “candidate” in the first paragraph
by the word “option”.
368 Replace the word “candidate” by the words “official
delegate”.
369
370
371 Replace the words “candidate or his mandatary” in the
first paragraph by the words “official delegate”.
Replace the words “candidate, mandatary” in the
second paragraph by the words “official delegate”.
372 Replace the word “candidate” in the first paragraph
by the word “option”.
Replace the figure “285” in the second paragraph by
the figure “300”.
373
374
375 Replace the words “declare elected the candidate who”
in the first paragraph by the words “announce the
option which”.
377 Replace the words “declare elected the candidate who”
and the word “candidate” in the first paragraph by
the words “issue a declaration indicating the option
which” and the words “official delegate”,
respectively.
378 Replace the word “election” in the first paragraph by
the word “referendum”.
379 Replace the word “election” by the word “referendum”.
380 Replace the section by the following section:
“380. The chief electoral officer shall, as soon as
possible, publish a notice in the Gazette officielle
du Québec indicating, for each electoral division,
the number of votes for each of the options
appearing on the ballot paper.”
381 Replace the word “election” which appears twice in
the first paragraph by the word “referendum”.
401 Replace the section by the following section:
“401. For the purposes of sections 403, 415, 416,
417 and 421, the expression “regulated expenses”
includes expenses referred to in paragraph 10 of
section 404 and the expression “official agent”
includes a private intervenor within the meaning of
Division V if the private intervenor is an elector,
and a representative of a private intervenor if the
private intervenor is a group of electors.”
402 Replace the section by the following section:
“402. The cost of any goods or services used during
the referendum period to promote or oppose, directly
or indirectly, an option submitted to a referendum is
a regulated expense.”
403 Replace the words “election period” by the words
“referendum period”.
Replace the words “election expenses” by the words
“regulated expenses”.
404 Replace the section by the following section:
“404. The following are not regulated expenses:
(1) the cost of publishing articles, editorials,
news, interviews, columns or letters to the editor in
a newspaper, periodical or other publication,
provided that they are published without payment,
reward or promise of payment or reward, that the
newspaper, periodical or other publication is not
established for the purposes or in view of the
referendum and that the circulation and frequency of
publication are as what obtains outside the
referendum period;
(2) the cost at fair market value of producing,
promoting and distributing a book that was planned to
be put on sale at the prevailing market price
regardless of the issue of the writ;
(3) the cost of broadcasting by a radio or television
station of a program of public affairs, news or
commentary, provided that the program is broadcast
without payment, reward or promise of payment or
reward;
(4) the reasonable expenses incurred by a person, out
of his own money, for meals and lodging while
travelling for referendum purposes, if the expenses
are not reimbursed to him;
(5) the transportation costs of a person, paid out of
his own money, if the costs are not reimbursed to
him;
(5.1) the cost of the food and beverages served at a
political activity where the cost is included in the
entrance fee paid by participants;
(6) the reasonable expenses incurred for the
publication of explanatory commentaries on this Act
and the regulations thereunder, provided the
commentaries are strictly objective and contain no
publicity of such a nature as to favour or oppose an
option submitted to a referendum;
(7) the reasonable ordinary expenses incurred for the
day-to-day operations of not more than two permanent
offices of an authorized party the addresses of which
are entered in the registers of the chief electoral
officer;
(8) interest accrued from the beginning of the
referendum period to the day occurring 90 days after
polling day, on any loan lawfully granted to an
official agent for regulated expenses, unless the
official agent has declared them as regulated
expenses in his return of regulated expenses;
(9) the expenses incurred for the holding of
meetings, the total of which does not exceed $600
for the entire referendum period, including the
renting of halls and the convening of participants,
provided the meetings are not directly or
indirectly organized on behalf of a national
committee;
(10) the publicity expenses, the total of which
does not exceed $1,000 for the entire referendum
period, incurred by a neutral intervenor authorized
under Division V, without directly promoting or
opposing an option, to advocate abstention or the
spoiling of ballots.
For the purposes of subparagraph 7 of the first
paragraph, the permanent office of an authorized
party is the office where the employees of the party
or of a body associated with it for the purpose of
attaining its objects and recognized by the leader of
the party for such a purpose by a letter addressed to
the chief electoral officer before the seventh day
following the issue of the writ, work on a permanent
basis, outside the referendum period, at ensuring the
dissemination of the party’s political program and
coordinating the political action of the party
members.”
405 Replace the words “election expenses, an authorized
party” in the first paragraph by the words “regulated
expenses, a national committee”.
Replace the second paragraph by the following
paragraph:
“The official agent shall be appointed by the
chairman of the national committee who shall notify
it to the chief electoral officer.”
Replace the words “leader of the party” in the third
paragraph by the words “chairman of the national
committee”.
Replace the words “a party” in the fourth paragraph
by the words “a national committee”.
406 Replace the section by the following section:
“406. Only one official agent is appointed for each
national committee.
However, the official agent may, with the approval of
the chairman of the national committee, appoint the
required number of deputies and, for each electoral
division, a local agent. He shall notify the chief
electoral officer and the returning officer thereof
in writing.
The official agent may authorize them to incur or
authorize regulated expenses up to the amount he
fixes in their deeds of appointment. The amount may
be changed at any time, in writing, by the official
agent before he files his return of regulated
expenses.
Any regulated expense incurred by the deputy of the
official agent or by a local agent is deemed to be
incurred by the official agent up to the amount fixed
in the deed of appointment.
The deputy and the local agent shall provide the
official agent of the national committee with a
detailed statement of expenses incurred or authorized
by them.”
407 Replace the first paragraph by the following
paragraph:
“407. An official agent or local agent may, in
writing, authorize an advertising agency to incur or
order regulated expenses up to the amount he fixes
in the authorization. That amount may be changed, by
the official agent or the local agent, as the case
may be, in writing, at any time before he files his
return of regulated expenses.”
Insert the words “or the local agent, as the case may
be” after the word “agent” in the second paragraph.
410 Replace the section by the following section:
“410. If the official agent dismisses a local agent,
he shall notify it in writing to the returning
officer. He may appoint another local agent.”
411 Replace the words “an official agent” in the first
paragraph by the words “a local agent”.
Replace the words “an official agent” and the words
“candidate or his mandatary” in the second paragraph
by the words “a local agent” and the words “official
delegate”, respectively.
412 Replace the section by the following section:
“412. No person may act as the official agent of a
national committee, his deputy or a local agent
unless he is qualified to vote.”
413 Replace the section by the following section:
“413. During a referendum period, only the official
agent of a national committee, his deputy or a local
agent may incur or authorize regulated expenses.
However, a non-affiliated elector authorized under
Division V may incur regulated publicity expenses
provided that the total of the expenses for the
entire referendum period does not exceed $1,000.”
414 Replace the section by the following section:
“414. An official agent, his deputy or a local
agent shall pay the cost of regulated expenses only
out of a referendum fund.”
415 Replace the section by the following section:
“415. No goods or services whose cost is wholly or
partly a regulated expense contemplated in section
403 may be used during a referendum period except by
the official agent of a national committee, his
deputy or a local agent, or with his authorization.”
416 Replace the section by the following section:
“416. No person may accept or execute an order for
regulated expenses not given or authorized by the
official agent of a national committee, his deputy,
a local agent or authorized advertising agency.”
417 Replace the words “election expense” and “election
period” in the first paragraph by the words
“regulated expense” and “referendum period”,
respectively.
421 Replace the words “an election” in the first
paragraph by the words “a referendum”.
Replace the words “or deputy” in the first, second
and third paragraphs by the words “, deputy or
local agent”.
421.1 Replace the second paragraph by the following
paragraph:
“Where the cost of the writing, object, material,
advertisement or publicity referred to in section
421 exceeds $1,000, the printer, manufacturer,
owner or radio or television broadcaster may only
mention or, as the case may be, indicate as the
person having caused the writing, object, material,
advertisement or publicity to be produced, published
or broadcast the name and title of the official agent
or deputy official agent of a national committee or
of the local agent of the official agent.”
422 Replace the words “the official agents of several
candidates”, the word “official”, and the word
“party” by the words “several local agents”, the word
“local” and the words “national committee”,
respectively.
424 Replace the word “election” in the first paragraph by
the word “regulated”.
425 Replace the first and second paragraphs by the
following paragraphs:
“425. Every person to whom an amount is due for
regulated expenses, other than expenses incurred by
a non-affiliated elector, shall present his claim to
the official agent or the local agent not later than
60 days after polling day. In no case may the
regulated expenses be paid by the official agent or
the local agent if the claim is presented to him
after that period has expired.
Where the official agent or local agent has died or
resigned and has not been replaced, the claim shall
be presented within the same time to the chairman of
the national committee or to the official agent, as
the case may be.”
426 Replace the section by the following section:
“426. Regulated expenses shall be limited so as
never to exceed for a national committee, during one
referendum, $1 per elector for all the electoral
divisions.
However, the national committee that represents the
option for which the fewest non-affiliated electors
have been authorized under section 457.6 to incur
regulated expenses may spend an additional amount to
50% of the difference between the expenses that
authorized non-affiliated electors favourable to one
option may incur and the expenses that may be
incurred by those favourable to the other option.
The amount is established by the chief electoral
officer who shall draw up a certificate and transmit
a copy to the chairman and the official agent of
each national committee not later than the tenth day
preceding polling day.”
427 Replace the section by the following section:
“427. For the purposes of section 426, the number of
electors is the greater of the number of electors
whose names are entered on the list of electors
produced upon the issue of a writ instituting a
referendum and the number of electors whose names
are entered on the list following revision.
The number is established by the chief electoral
officer who shall draw up a certificate thereof and
send a copy of the certificate to the chairman and
the official agent of each national committee.”
429 Replace the word “election” in the first paragraph by
the word “referendum”.
Strike out the second paragraph.
429.1 Replace the word “election” by the word
“referendum”.
430
431
434 Replace the first paragraph by the following
paragraph:
“434. The official agent of each national committee
and, through him, each local agent he has appointed
shall, within 90 days after polling day, deliver to
the chief electoral officer a return of the regulated
expenses incurred or authorized by them.”
Insert, after the second paragraph, the following
paragraph:
“The return must, in addition, indicate the name, the
complete address of the domicile of, and the amount
paid by, each elector whose total contribution to a
national committee exceeds $200.”
435 Replace the word “election” and the words and figure
“sections 432 and” by the word “regulated” and the
word “section”, respectively.
436 Replace the words “sections 432 and” in the first
paragraph by the word “section”.
Replace the words “leader of the party or to the
candidates if they so request” in the second
paragraph by the words “chairman of the national
committee if he so requests”.
437 Replace the section by the following section:
“437. In addition to regulated expenses, the
official agent and the local agent must indicate in
the returns prescribed in section 434 the source of
the sums paid into the referendum fund put at their
disposal.
They must also indicate
(1) the financial institutions with which the sums
collected by the national committee have been
deposited and the account numbers used;
(2) the total amount of contributions of $200 or
less;
(3) the total amount of contributions of over $200;
(4) the total of the amounts transferred or loaned by
the official representative of an authorized party.”
438 Replace the words and figure “sections 432 and” in
the first paragraph by the word “section”.
Replace the word “election” in the second paragraph
by the word “referendum”.
439
440 Replace the second paragraph by the following
paragraph:
“If the claim is not contested by the official agent,
he shall forward to the chief electoral officer the
necessary additional sum, out of his referendum fund,
to enable him to discharge the claim.”
441 Replace the section by the following section:
“441. On filing the return prescribed by section
434, the official agent of a national committee shall
keep the remaining sums or goods in his referendum
fund.
The sums and goods may be used only for political,
religious, scientific or charitable purposes.”
443 Replace the words “a candidate or party leader” in
the second paragraph by the words “the chairman or
official agent of the national committee”.
444 Replace the words “a candidate or party leader” by
the words “the chairman or official agent of a
national committee”.
Strike out the figure and word “432 or”.
445 Replace the section by the following section:
“445. Before filing the return and declaration
prescribed in section 434, an official agent and a
local agent must have discharged all the claims
received within the period prescribed in section 425
unless they contest them and indicate them as
contested.
In no case may the official agent, the local agent or
the national committee pay a claim so contested.
Only the official agent may pay the claim in
execution of a judgment of a competent tribunal in
favour of the creditor after the hearing of the case
and not upon an acquiescence in the demand or an
agreement of settlement.
The chief electoral officer may, if no national
committee objects, authorize the official agent of a
national committee to pay a contested claim if the
refusal or failure to pay results from bona fide
error.”
446 Insert the words “or local agent” after the word
“agent”.
447 Replace the word “representative” and the words
“return of election expenses” by the word “agent” and
the words “returns of regulated expenses”,
respectively.
448 Replace the section by the following section:
“448. The judge having jurisdiction to decide an
application under sections 443 to 446 is the chief
judge of the Court of Québec.
No application under the first paragraph may be
heard without a notice of at least three clear days
to the chief electoral officer and to the chairman
of each national committee.”
457.2 Replace the section by the following section:
“457.2. Only an elector or a group not endowed with
legal personality and composed in the majority of
natural persons who are qualified electors may apply
for authorization as a neutral intervenor.
Only an elector who cannot join a national committee
may apply for authorization as a non-affiliated
elector.
Neutral intervenors and non-affiliated electors are
private intervenors.”
457.3 Replace subparagraphs 3 to 6 of the first paragraph
by the following subparagraphs:
(3) in the case of a neutral intervenor, state
briefly the purpose of the application and declare
that he does not intend to directly promote or
oppose either option;
(4) in the case of a non-affiliated elector,
indicate which option he intends to promote and
state briefly why he cannot join a national
committee;
(5) declare that he is not associated with and has
not contributed to either national committee;
(6) declare that he is not acting directly or
indirectly on behalf of either national committee;”.
Insert, at the beginning of subparagraph 7 of the
first paragraph, the following: “in the case of a
neutral intervenor,”.
457.4 Replace the words “any candidate or party” at the
end of subparagraph 5 of the first paragraph by the
words “either option”.
Replace subparagraph 6 of the first paragraph by the
following subparagraph:
“(6) state briefly the purpose of the application,”.
Replace the words “any candidate or party” at the
end of subparagraph 7 of the first paragraph by the
words “either national committee”.
Replace the words “a member of any party” at the
end of subparagraph 8 of the first paragraph by the
words “associated with and has not contributed to
either national committee”.
457.5
457.6
457.7 Replace the word “election” in the first paragraph
by the word “referendum”.
Replace the words “a candidate” in the second
paragraph by the words “an official delegate”.
457.8 Replace the section by the following section:
“457.8. Not later than the tenth day preceding
polling day, the returning officer shall transmit
to the national committees and to each official
delegate a list of the authorizations which have
been granted.
The list shall indicate the name of each private
intervenor, the name of the private intervenor’s
representative, if any, and the number and date of
the authorization. The list shall also indicate
whether the private intervenor is a neutral
intervenor or a non-affiliated elector and, in
the latter case, the option that the non-affiliated
elector intends to promote.”
457.9 Replace the words “an election” in the first
paragraph by the words “a referendum”.
457.10
457.11
457.12 Replace the section by the following section:
“457.12. A private intervenor who is an elector or
the representative of a private intervenor may not
join or contribute to a national committee during the
referendum period.”
457.13 Replace the section by the following section:
“457.13. A neutral intervenor may not incur
expenses that are not related to the purpose stated
in the application for authorization or that
directly promote or oppose either option.
A non-affiliated elector may not incur expenses that
do not promote the option indicated in the
application for authorization.”
457.14
to
457.16
457.17 Replace the figure “$25” in the first paragraph by
the figure “$60”.
457.18
to
457.20
457.21 Replace the words “a judge of the Court of Québec”
in the first paragraph by the words “the Conseil du
référendum”.
Replace the word “court” in the third paragraph and
the word “judge” in the last paragraph by the word
“council”.
485 Strike out the second, third and fourth paragraphs.
486
487 Replace the section by the following section:
“487. In respect of the financing of national
committees and the control of regulated expenses, he
shall, in particular,
(1) verify that the national committees, official
agents and their deputies and local agents are
complying with the provisions of the Act;
(2) receive and examine the return of regulated
expenses;
(3) inquire into the legality of contributions and
regulated expenses.”
488 Replace the words “political parties” in paragraph 4
by the words “national committees”.
Replace, in paragraph 5, the words “political party”
by the words “national committee”, the word
“candidates” by the word “committees” and the word
“parties” by the words “national committees”.
488.1 Replace the word “election” in the first line and in
the last line by the word “referendum” and replace
the words “this Act” by the words “the Referendum Act
(chapter C-64.1)”.
489.1 Replace the words “authorized parties represented in
the National Assembly” by the words “national
committees” and strike out the words “, the filing of
nomination papers”.
490
Replace the words “election period or during an
enumeration or revision period” in the first
paragraph by the words “referendum period”.
Replace “authorized parties represented in the National
Assembly” by “national committees” and “other authorized
parties, the candidates” by “official delegates” ;
Strike out the words “or the end of the enumeration
or revision” in the third paragraph.
491
to
494
496 Strike out the first paragraph.
In the second paragraph, change in French; no change
necessary in English.
497
498
512
551
to
551.4
553 Replace the word “candidate” in paragraph 3 by the
words “national committee”.
553.1 Replace the word “election” in paragraph 1 by the
word “referendum”.
554 Replace the word “election” in paragraph 2 by the
word “referendum”.
Strike out the words “of election” in paragraph 3.
555
556 Strike out paragraph 4.
556.1 Replace the words “an election” in paragraphs 1 and
2 by the words “a referendum”.
557 Replace the word “election” by the word “referendum”.
558 Replace the words “every candidate or every person
who later becomes a candidate” in subparagraph 1 of
the first paragraph by the words “every official
delegate”.
Replace the words “a candidate” in subparagraph 2 of
the first paragraph by the words “an option”.
Replace the word “election” in subparagraph 1 of
the second paragraph by the word “regulated”.
Replace the words “the election of a candidate at
an election” in subparagraphs 1 and 2 of the second
paragraph by the words “an option submitted at a
referendum”.
559 Insert, after the word “agent”, the words “or any
local agent”.
Replace the word “election” in paragraph 1 by the
word “regulated”.
559.1 Replace the words “an election” in paragraph 1 by
the words “a regulated”.
560 Replace the words “candidate or party leader” by the
words “chairman or official delegate of a national
committee” and the word “election” by the word
“regulated”.
563 Replace the section by the following section:
“563. Every person who fails to file a report or
return of regulated expenses or the report referred
to in section 457.18 is liable to a fine of $50 for
each day of delay.”
564 Replace the section by the following section:
“564. Every person who contravenes any of sections
66, 87, 90 to 93, 95 to 97, 99, 100, 104, 105, 410,
413 to 417, 421, 421.1, 422, 424, 429, 429.1, 457.9
and 457.11 to 457.17 is liable to a fine of $500 to
$10,000.”
565
566
567 Strike out the following in the first paragraph: “,
in paragraph 4 of section 556”.
Replace the word “election” in the second paragraph
by the word “regulated” and insert after the word
“agent” the words “or the local agent”.
568 Strike out the second paragraph.
568.1
569 Replace the words “Such proceedings” in the second
paragraph by the words “Proceedings are instituted
before the Court of Québec. They”.
570 Replace the words “an election” in the first
paragraph by the words “a referendum”.
571
to
573
SCHEDULE II
Strike out “, 481, 499, 509, 529, 534”.
Replace “Election Act (Revised Statutes of Québec, chapter E-3.3)” by
“Referendum Act”.
APPENDIX 2
(Sections 44, 45)
PROVISIONS APPLICABLE TO THE HOLDING OF A REFERENDUM
ELECTION ACT (chapter E-3.3)
SECTIONS AMENDMENTS
1 Replace the words “Referendum Act (chapter
C-64.1)” in subparagraph 5 of the first
paragraph by the words “Election Act (chapter
E-3.3)”.
2
3 Replace the words “election period” in the third
paragraph by the words “referendum period”.
Replace the fourth paragraph by the following:
“An elector who is a Member of the National Assembly
representing an electoral division other than the
electoral division in which he is domiciled may be
considered to be domiciled either in the polling
subdivision of his domicile or in the polling
subdivision where the main office he uses as a
Member of the National Assembly in the electoral
division he represents is situated.”
4
46 Replace the first paragraph by the following
paragraph:
“46. An official agent may resign by sending a
written notice to that effect to the chairman of the
national committee.”
Replace the words “Within 30 days of resigning, the
official representative shall file with the party,
the party authority, the independent Member or the
independent candidate” in the second paragraph by
the words “Within 30 days of resigning, the
official agent shall file with the national
committee”, and the words “financial report” by
the words “return of regulated expenses”.
Replace the words “an authorized entity no longer has
an official representative, another official
representative” in the third paragraph by the words
“a national committee no longer has an official
agent, another official agent”.
Replace the words “official representative or of a
delegate” in the fourth paragraph by the words
“official agent”.
60 Replace the section by the following section:
“60. The official agent of a national committee is
authorized to solicit and collect contributions until
polling day.
After polling day, the official agent is authorized
to solicit and collect contributions only for the
purpose of paying the debts arising from his
regulated expenses and to dispose, in accordance with
the second paragraph of section 441, of the sums and
property derived from his referendum fund.”
66 Replace the section by the following section:
“66. Where the chairman of a national committee
resigns, he shall so notify the chief electoral
officer in writing without delay.”
87 Strike out the second paragraph.
88 Replace the first paragraph by the following
paragraph:
“88. Sums of money donated to a national committee
and services rendered and goods furnished to it for
the purposes of promoting an option submitted to a
referendum are deemed to be contributions.”
Strike out subparagraphs 2 and 3 of the second
paragraph.
Replace subparagraph 4 of the second paragraph by
the following subparagraph:
“(4) a loan granted to a national committee at the
current market rate of interest at the time it is
granted by an authorized political party;”.
Strike out subparagraphs 5 and 6 of the second
paragraph.
Replace subparagraph 7 of the second paragraph by the
following subparagraph:
“(7) air time on the radio or television or space in
the newspaper, periodical or other printed matter
available free of charge to national committees by
any radio, television or cable broadcaster or any
owner of a newspaper, periodical or other printed
matter, provided he offers such service equitably as
to quality and quantity to each national committee;”.
Replace subparagraph 8 of the second paragraph by
the following subparagraph:
“(8) transfers of funds between:
(a) an authorized party and the referendum fund of
a national committee;
(b) the referendum fund of a national committee and
the referendum fund put at the disposal of a local
agent.”
90
91 Replace the first paragraph by the following
paragraph:
“91. The total of contributions to each national
committee by the same elector in the same referendum
shall not exceed the amount of $3 000.”
Replace the words “an authorized entity” in the
second paragraph by the words “a national committee”.
92 Replace the first paragraph by the following
paragraph:
“92. Contributions shall not be solicited except
under the responsibility of the official agent of a
national committee, or except through persons
designated in writing by the official agent.”
Replace the word “representative” in the second
paragraph by the word “agent”.
93 Replace the words “representative of the authorized
entity” by the words “agent of the national
committee”.
94 Replace the section by the following section:
“94. The local agent has, for the electoral division
for which he is appointed, the powers conferred on
the official agent of the national committee by
sections 92, 93 and 96.”
95
96 Replace the word “representative” by the word
“agent”.
97 Replace the words “authorized entity” by the words
“national committee”.
98 Replace the words “authorized entity” by the words
“national committee”.
99 Replace the words “authorized entity” by the words
“official agent”.
100
104 Replace the words “representative of an authorized
entity” by the words “agent of a national committee”.
105 Add, after the second paragraph, the following
paragraph:
“The principal of, and interest on, every loan must
be paid before the return of the regulated expenses
is sent.”
131
132 Replace the words “party authority at the level of
the electoral division” in the first paragraph by the
words “authority, at the level of the electoral
division, of an authorized party in the National
Assembly”.
133 Replace the word “election” by the word “referendum”.
134 Replace the words “political parties and independent
candidates” by the words “national committees”, and
the words “election expenses” by the words
“regulated expenses”.
135 Replace the words “particulars that will be contained
in” in the fourth and fifth lines by the words
“question that will appear on”.
136
137 Replace the word “candidate” in the second paragraph
by the words “national committee”.
Replace the word “election” in the third paragraph
by the word “referendum”.
138
to
144
145 Replace the word “election” in the first paragraph by
the word “referendum”.
146 Replace the section by the following section:
“146. Not later than the twenty-seventh day
preceding polling day, the returning officer shall
transmit to the national committees and to each
official delegate the list of electors for the
electoral division, the list of electors entitled
to exercise their right to vote outside Québec
for the division and the list of addresses for
which no electors’ names are entered.
The lists shall be transmitted in computerized form
and in duplicate copies.
For the purposes of this Act, “official delegate”
means a person appointed as such by the chairman of
a national committee to represent him in an electoral
division.”
147 Replace the word “election” in the first paragraph by
the word “referendum”.
Replace the word “parties” in the second paragraph by
the words “national committees”.
179
to
181
182 Replace the section by the following section:
“182. The returning officer shall inform the chief
electoral officer, the national committees and each
official delegate of the places selected.”
183
184 Replace the section by the following section:
“184. The returning officer shall appoint two
revisors not later than Wednesday of the fourth
week preceding that of the polling.
The first revisor shall be appointed on the
recommendation of the official delegate of the
national committee which has the greatest number of
Members of the National Assembly.
The second revisor shall be appointed on the
recommendation of the official delegate of the
national committee which has the second greatest
number of Members of the National Assembly.”
186 Strike out the first paragraph.
187
188 Replace the section by the following section:
“188. The revisor recommended by the national
committee which has the greatest number of
Members of the National Assembly shall act as
chairman of the board of revisors.
The revisor recommended by the national committee
which has the second greatest number of Members of
the National Assembly shall act as vice-chairman.”
189 Replace the section by the following section:
“189. The returning officer shall post, in his
office, the list of revisors appointed to each board
of revisors and shall transmit it to the chief
electoral officer, the national committees and each
official delegate.”
190
to
213
214 Replace the word “election” in the third paragraph by
the word “referendum”.
215
to
217
218 Replace the word “candidate” in the first paragraph
by the words “official delegate”.
227
to
231.1
231.2 Replace the word “candidate” in the second paragraph
by the words “official delegate”.
231.3
to
231.14
233 Replace the word “election” by the word
“referendum”.
248 Replace the first and second paragraphs by the
following paragraphs:
“248. Every employer shall, upon written request,
grant a leave without pay to an employee who acts as
the chairman of a national committee or as an
official delegate. The request may be made at any
time from the date of the writ instituting the
holding of a referendum.
The employee’s leave begins on the day requested by
the employee and ends on the thirtieth day following
polling day.”
249 Replace the first and second paragraphs by the
following paragraphs:
“249. Every employer shall, upon written request,
grant a leave without pay to an employee who acts as
the official agent of a national committee. The
request may be made at any time from the date of the
writ instituting the holding of a referendum.
The employee’s leave begins on the day requested by
the employee and ends on the ninetieth day following
polling day.”
250
251 Replace the words “a candidate or” by the words
“the chairman of a national committee, an official
delegate or an”.
252
to
255
259.1 Replace the word “election” by the word “referendum”
and the words “an election” by the words “a
referendum”.
259.2 Replace the word “Election” in the first and second
paragraphs by the word “Referendum”.
259.3 Replace the word “Election” by the word
“Referendum”.
259.4 Replace the word “election” by the word
“referendum”.
259.5 Replace the word “election” in the first and second
paragraphs by the word “referendum”.
259.6
259.7 Replace the words “Election” and “election” in the
first and third paragraphs by the words “Referendum”
and “Referendum”.
259.8 Replace the word “election” in the first paragraph
by the word “referendum”.
Replace the words “party or candidate concerned” in
the first paragraph by the words “national committee
concerned”.
Replace the words “party, candidate” in the second
paragraph by the words “national committee”.
259.9 Replace the words “The party, candidate” by the
words “The national committee”.
260 Replace the section by the following section:
“260. Upon receipt of a copy of the writ, the
returning officer shall publish a notice of poll.
The notice of poll shall set forth
(1) the text of the question put to the electors;
(2) the days and hours of polling at advance polling
stations;
(3) the day and hours of polling at polling stations;
(4) the name of every national committee and, for
each of them, the given name and surname of the
chairman and of the official agent, and, for the
division, the given name and surname of the official
delegate and of the local agent.”
261 Replace the words “candidate or his mandatary” by the
words “official delegate”.
262 Replace the words “candidate and each party authority
at the level of the electoral division” in the first
paragraph by the words “official delegate”.
263 Replace the figure “317” by the figures “310, 312 to
317”.
264
to
269
270 Replace the words “the candidates” by the words “each
official delegate”.
271 Replace the words “candidate or his mandatary; the
latter may attend and may affix their” in the third
paragraph by the words “official delegate; he may
attend and may affix his”.
272
273 Replace the words “general election” in the first
paragraph by the word “referendum”.
Replace the words “of his domicile” in the third
paragraph by the words “where the house of detention
is situated”.
274 Replace the words “chief electoral officer” in the
third paragraph by the words “returning officer of
the electoral division concerned”.
Add, after the third paragraph, the following
paragraph:
“The returning officer shall ensure that the list
remains confidential.”
275
276 Replace the words “authorized party” by the words
“official delegate of a national committee”.
278 Replace the section by the following section:
“278. The returning officer referred to in section
275 shall give the deputy returning officer a sealed
ballot box containing the ballot papers, the list of
electors of the house of detention, the poll book and
the materials required for the poll. He shall also
give him directives on the work of the polling
officers.”
279
280 Strike out the second paragraph.
282 Replace the section by the following section:
“282. The counting of the votes shall be effected in
accordance with section 272.”
286
to
289
290 Replace the word “candidates” by the words “official
delegates”.
291
to
293.4
293.5 Strike out the words “and a list of the places where
the elector may consult the list of candidates” in
the first paragraph.
Strike out the words “be in the form prescribed by
Schedule IV and shall” in the second paragraph.
296
to
299
300 Replace the section by the following section:
“300. The counting of the votes of electors outside
Québec shall be proceeded with in accordance with
section 272, adapted as required.
However, the counting shall be proceeded with at the
place and time fixed by the chief electoral officer.
The deputy returning officer shall, for each
electoral division, draw up a statement of votes and
an abstract from such statement that he shall deliver
to the chief electoral officer or the person
designated by him, together with the ballot box.
The chief electoral officer shall forthwith
communicate the results to each returning officer
concerned and transmit to him the abstract from the
statement of votes which concerns him.”
302 Replace the word “candidate” in the fourth paragraph
by the words “official delegate”.
303
to
305
306 Replace the words “an election” in the first
paragraph by the words “a referendum”.
307
to
309
310 Replace the section by the following section:
“310. In every polling station, the returning
officer shall appoint, as deputy returning officer,
the person recommended by the official delegate of
the national committee which has the greatest number
of Members in the National Assembly.
He shall appoint, as poll clerk, the person
recommended by the official delegate of the national
committee which has the second greatest number of
Members in the National Assembly.
Where the two national committees have an equal
number of Members in the National Assembly, the
chief electoral officer shall determine, by a drawing
of lots, which committee is deemed to have the
greatest number of Members or, as the case may be,
the second greatest number of Members in the National
Assembly.”
312
313 Replace the word “candidate” in the first paragraph
by the words “official delegate”.
Replace the word “candidates” in the second paragraph
by the words “official delegates”.
314
315
316 Replace the section by the following section:
“316. The official delegate of each national
committee may designate a person and give him a power
of attorney to represent the national committee
before the deputy returning officer or the officer in
charge of information and order, or before each of
them.”
317 Replace the words “candidate or his mandatary” by the
words “official delegate”.
318 Replace the words “A candidate” by the words “The
official delegate of each national committee”.
319 Replace the words “candidate or his mandatary” by the
words “official delegate”.
320 Strike out the words “in accordance with the model
provided in Schedule III and” in the first paragraph.
321
to
323
324 Replace the section by the following section:
“324. The ballot paper must contain on the obverse
a space specially reserved for the wording of the
question.”
325
to
327
328 Replace the word “candidates” in the second paragraph
by the words “national committees”.
329
to
333
334 Replace the words “candidates and their mandataries”
by the words “chairmen of national committees and
their official delegates”.
335
to
341
342 Replace the word “candidate” by the words “national
committee”.
343
to
347
348 Replace the words “then indicate to him the order in
which the candidates appear on the ballot paper and
the indications entered under their names, where such
is the case” by the words “read the question and
indicate to him the order in which the options appear
on the ballot paper”.
349
350 Replace the word “candidate” in the first paragraph
by the words “national committee”.
Replace the word “election” in subparagraph 8 of the
first paragraph by the word “referendum”, the words
“a candidate” in subparagraph 4 of the first
paragraph by the words “an option” and the word
“election” in subparagraph 5 of the first paragraph
by the word “referendum”.
351
352 Strike out the word “political” in the first
paragraph and replace the words “a party or
candidate” in the first paragraph by the
words “an option submitted to a referendum”.
Replace the words “party or candidate promoted by
the publicity” in the second paragraph by the words
“national committee concerned”.
353
to
355
356 Replace the section by the following section:
“356. No elector may, on the premises of a polling
station, indicate, in any manner, the option in
favour of which he intends to vote or has voted.”
357 Replace the section by the following section:
“357. No official delegate, representative or
election officer may, on the premises of a polling
station, attempt to learn the option in favour of
which an elector intends to vote or has voted.”
358 Replace the section by the following section:
“358. No official delegate, representative, election
officer or elector who has given assistance to
another elector may disclose the option for which
the elector has voted.”
359 Replace the word “whom” by the words “which option”.
360 Replace the word “candidate” by the words “official
delegate”.
361
to
363
364 Replace the word “candidate” in subparagraph 4 of the
second paragraph by the word “option” and the words
“a person who is not a candidate” in subparagraph 5
of the second paragraph by the words “an option which
is not one of the options submitted to the
referendum”.
365
366 Replace the words “a candidate or the representative
of a candidate” by the words “an official delegate or
his representative”.
366.1
367 Replace the word “candidate” in the first paragraph
by the word “option”.
368 Replace the word “candidate” by the words “official
delegate”.
369
370
371 Replace the words “candidate or his mandatary” in the
first paragraph by the words “official delegate”.
Replace the words “candidate, mandatary” in the
second paragraph by the words “official delegate”.
372 Replace the word “candidate” in the first paragraph
by the word “option”.
Replace the figure “285” in the second paragraph by
the figure “300”.
373
374
375 Replace the words “declare elected the candidate who”
in the first paragraph by the words “announce the
option which”.
377 Replace the words “declare elected the candidate who”
and the word “candidate” in the first paragraph by
the words “issue a declaration indicating the option
which” and the words “official delegate”,
respectively.
378 Replace the word “election” in the first paragraph by
the word “referendum”.
379 Replace the word “election” by the word “referendum”.
380 Replace the section by the following section:
“380. The chief electoral officer shall, as soon as
possible, publish a notice in the Gazette officielle
du Québec indicating, for each electoral division,
the number of votes for each of the options
appearing on the ballot paper.”
381 Replace the word “election” which appears twice in
the first paragraph by the word “referendum”.
401 Replace the section by the following section:
“401. For the purposes of sections 403, 415, 416,
417 and 421, the expression “regulated expenses”
includes expenses referred to in paragraph 10 of
section 404 and the expression “official agent”
includes a private intervenor within the meaning of
Division V if the private intervenor is an elector,
and a representative of a private intervenor if the
private intervenor is a group of electors.”
402 Replace the section by the following section:
“402. The cost of any goods or services used during
the referendum period to promote or oppose, directly
or indirectly, an option submitted to a referendum is
a regulated expense.”
403 Replace the words “election period” by the words
“referendum period”.
Replace the words “election expenses” by the words
“regulated expenses”.
404 Replace the section by the following section:
“404. The following are not regulated expenses:
(1) the cost of publishing articles, editorials,
news, interviews, columns or letters to the editor in
a newspaper, periodical or other publication,
provided that they are published without payment,
reward or promise of payment or reward, that the
newspaper, periodical or other publication is not
established for the purposes or in view of the
referendum and that the circulation and frequency of
publication are as what obtains outside the
referendum period;
(2) the cost at fair market value of producing,
promoting and distributing a book that was planned to
be put on sale at the prevailing market price
regardless of the issue of the writ;
(3) the cost of broadcasting by a radio or television
station of a program of public affairs, news or
commentary, provided that the program is broadcast
without payment, reward or promise of payment or
reward;
(4) the reasonable expenses incurred by a person, out
of his own money, for meals and lodging while
travelling for referendum purposes, if the expenses
are not reimbursed to him;
(5) the transportation costs of a person, paid out of
his own money, if the costs are not reimbursed to
him;
(5.1) the cost of the food and beverages served at a
political activity where the cost is included in the
entrance fee paid by participants;
(6) the reasonable expenses incurred for the
publication of explanatory commentaries on this Act
and the regulations thereunder, provided the
commentaries are strictly objective and contain no
publicity of such a nature as to favour or oppose an
option submitted to a referendum;
(7) the reasonable ordinary expenses incurred for the
day-to-day operations of not more than two permanent
offices of an authorized party the addresses of which
are entered in the registers of the chief electoral
officer;
(8) interest accrued from the beginning of the
referendum period to the day occurring 90 days after
polling day, on any loan lawfully granted to an
official agent for regulated expenses, unless the
official agent has declared them as regulated
expenses in his return of regulated expenses;
(9) the expenses incurred for the holding of
meetings, the total of which does not exceed $600
for the entire referendum period, including the
renting of halls and the convening of participants,
provided the meetings are not directly or
indirectly organized on behalf of a national
committee;
(10) the publicity expenses, the total of which
does not exceed $1,000 for the entire referendum
period, incurred by a neutral intervenor authorized
under Division V, without directly promoting or
opposing an option, to advocate abstention or the
spoiling of ballots.
For the purposes of subparagraph 7 of the first
paragraph, the permanent office of an authorized
party is the office where the employees of the party
or of a body associated with it for the purpose of
attaining its objects and recognized by the leader of
the party for such a purpose by a letter addressed to
the chief electoral officer before the seventh day
following the issue of the writ, work on a permanent
basis, outside the referendum period, at ensuring the
dissemination of the party’s political program and
coordinating the political action of the party
members.”
405 Replace the words “election expenses, an authorized
party” in the first paragraph by the words “regulated
expenses, a national committee”.
Replace the second paragraph by the following
paragraph:
“The official agent shall be appointed by the
chairman of the national committee who shall notify
it to the chief electoral officer.”
Replace the words “leader of the party” in the third
paragraph by the words “chairman of the national
committee”.
Replace the words “a party” in the fourth paragraph
by the words “a national committee”.
406 Replace the section by the following section:
“406. Only one official agent is appointed for each
national committee.
However, the official agent may, with the approval of
the chairman of the national committee, appoint the
required number of deputies and, for each electoral
division, a local agent. He shall notify the chief
electoral officer and the returning officer thereof
in writing.
The official agent may authorize them to incur or
authorize regulated expenses up to the amount he
fixes in their deeds of appointment. The amount may
be changed at any time, in writing, by the official
agent before he files his return of regulated
expenses.
Any regulated expense incurred by the deputy of the
official agent or by a local agent is deemed to be
incurred by the official agent up to the amount fixed
in the deed of appointment.
The deputy and the local agent shall provide the
official agent of the national committee with a
detailed statement of expenses incurred or authorized
by them.”
407 Replace the first paragraph by the following
paragraph:
“407. An official agent or local agent may, in
writing, authorize an advertising agency to incur or
order regulated expenses up to the amount he fixes
in the authorization. That amount may be changed, by
the official agent or the local agent, as the case
may be, in writing, at any time before he files his
return of regulated expenses.”
Insert the words “or the local agent, as the case may
be” after the word “agent” in the second paragraph.
410 Replace the section by the following section:
“410. If the official agent dismisses a local agent,
he shall notify it in writing to the returning
officer. He may appoint another local agent.”
411 Replace the words “an official agent” in the first
paragraph by the words “a local agent”.
Replace the words “an official agent” and the words
“candidate or his mandatary” in the second paragraph
by the words “a local agent” and the words “official
delegate”, respectively.
412 Replace the section by the following section:
“412. No person may act as the official agent of a
national committee, his deputy or a local agent
unless he is qualified to vote.”
413 Replace the section by the following section:
“413. During a referendum period, only the official
agent of a national committee, his deputy or a local
agent may incur or authorize regulated expenses.
However, a non-affiliated elector authorized under
Division V may incur regulated publicity expenses
provided that the total of the expenses for the
entire referendum period does not exceed $1,000.”
414 Replace the section by the following section:
“414. An official agent, his deputy or a local
agent shall pay the cost of regulated expenses only
out of a referendum fund.”
415 Replace the section by the following section:
“415. No goods or services whose cost is wholly or
partly a regulated expense contemplated in section
403 may be used during a referendum period except by
the official agent of a national committee, his
deputy or a local agent, or with his authorization.”
416 Replace the section by the following section:
“416. No person may accept or execute an order for
regulated expenses not given or authorized by the
official agent of a national committee, his deputy,
a local agent or authorized advertising agency.”
417 Replace the words “election expense” and “election
period” in the first paragraph by the words
“regulated expense” and “referendum period”,
respectively.
421 Replace the words “an election” in the first
paragraph by the words “a referendum”.
Replace the words “or deputy” in the first, second
and third paragraphs by the words “, deputy or
local agent”.
421.1 Replace the second paragraph by the following
paragraph:
“Where the cost of the writing, object, material,
advertisement or publicity referred to in section
421 exceeds $1,000, the printer, manufacturer,
owner or radio or television broadcaster may only
mention or, as the case may be, indicate as the
person having caused the writing, object, material,
advertisement or publicity to be produced, published
or broadcast the name and title of the official agent
or deputy official agent of a national committee or
of the local agent of the official agent.”
422 Replace the words “the official agents of several
candidates”, the word “official”, and the word
“party” by the words “several local agents”, the word
“local” and the words “national committee”,
respectively.
424 Replace the word “election” in the first paragraph by
the word “regulated”.
425 Replace the first and second paragraphs by the
following paragraphs:
“425. Every person to whom an amount is due for
regulated expenses, other than expenses incurred by
a non-affiliated elector, shall present his claim to
the official agent or the local agent not later than
60 days after polling day. In no case may the
regulated expenses be paid by the official agent or
the local agent if the claim is presented to him
after that period has expired.
Where the official agent or local agent has died or
resigned and has not been replaced, the claim shall
be presented within the same time to the chairman of
the national committee or to the official agent, as
the case may be.”
426 Replace the section by the following section:
“426. Regulated expenses shall be limited so as
never to exceed for a national committee, during one
referendum, $1 per elector for all the electoral
divisions.
However, the national committee that represents the
option for which the fewest non-affiliated electors
have been authorized under section 457.6 to incur
regulated expenses may spend an additional amount to
50% of the difference between the expenses that
authorized non-affiliated electors favourable to one
option may incur and the expenses that may be
incurred by those favourable to the other option.
The amount is established by the chief electoral
officer who shall draw up a certificate and transmit
a copy to the chairman and the official agent of
each national committee not later than the tenth day
preceding polling day.”
427 Replace the section by the following section:
“427. For the purposes of section 426, the number of
electors is the greater of the number of electors
whose names are entered on the list of electors
produced upon the issue of a writ instituting a
referendum and the number of electors whose names
are entered on the list following revision.
The number is established by the chief electoral
officer who shall draw up a certificate thereof and
send a copy of the certificate to the chairman and
the official agent of each national committee.”
429 Replace the word “election” in the first paragraph by
the word “referendum”.
Strike out the second paragraph.
429.1 Replace the word “election” by the word
“referendum”.
430
431
434 Replace the first paragraph by the following
paragraph:
“434. The official agent of each national committee
and, through him, each local agent he has appointed
shall, within 90 days after polling day, deliver to
the chief electoral officer a return of the regulated
expenses incurred or authorized by them.”
Insert, after the second paragraph, the following
paragraph:
“The return must, in addition, indicate the name, the
complete address of the domicile of, and the amount
paid by, each elector whose total contribution to a
national committee exceeds $200.”
435 Replace the word “election” and the words and figure
“sections 432 and” by the word “regulated” and the
word “section”, respectively.
436 Replace the words “sections 432 and” in the first
paragraph by the word “section”.
Replace the words “leader of the party or to the
candidates if they so request” in the second
paragraph by the words “chairman of the national
committee if he so requests”.
437 Replace the section by the following section:
“437. In addition to regulated expenses, the
official agent and the local agent must indicate in
the returns prescribed in section 434 the source of
the sums paid into the referendum fund put at their
disposal.
They must also indicate
(1) the financial institutions with which the sums
collected by the national committee have been
deposited and the account numbers used;
(2) the total amount of contributions of $200 or
less;
(3) the total amount of contributions of over $200;
(4) the total of the amounts transferred or loaned by
the official representative of an authorized party.”
438 Replace the words and figure “sections 432 and” in
the first paragraph by the word “section”.
Replace the word “election” in the second paragraph
by the word “referendum”.
439
440 Replace the second paragraph by the following
paragraph:
“If the claim is not contested by the official agent,
he shall forward to the chief electoral officer the
necessary additional sum, out of his referendum fund,
to enable him to discharge the claim.”
441 Replace the section by the following section:
“441. On filing the return prescribed by section
434, the official agent of a national committee shall
keep the remaining sums or goods in his referendum
fund.
The sums and goods may be used only for political,
religious, scientific or charitable purposes.”
443 Replace the words “a candidate or party leader” in
the second paragraph by the words “the chairman or
official agent of the national committee”.
444 Replace the words “a candidate or party leader” by
the words “the chairman or official agent of a
national committee”.
Strike out the figure and word “432 or”.
445 Replace the section by the following section:
“445. Before filing the return and declaration
prescribed in section 434, an official agent and a
local agent must have discharged all the claims
received within the period prescribed in section 425
unless they contest them and indicate them as
contested.
In no case may the official agent, the local agent or
the national committee pay a claim so contested.
Only the official agent may pay the claim in
execution of a judgment of a competent tribunal in
favour of the creditor after the hearing of the case
and not upon an acquiescence in the demand or an
agreement of settlement.
The chief electoral officer may, if no national
committee objects, authorize the official agent of a
national committee to pay a contested claim if the
refusal or failure to pay results from bona fide
error.”
446 Insert the words “or local agent” after the word
“agent”.
447 Replace the word “representative” and the words
“return of election expenses” by the word “agent” and
the words “returns of regulated expenses”,
respectively.
448 Replace the section by the following section:
“448. The judge having jurisdiction to decide an
application under sections 443 to 446 is the chief
judge of the Court of Québec.
No application under the first paragraph may be
heard without a notice of at least three clear days
to the chief electoral officer and to the chairman
of each national committee.”
457.2 Replace the section by the following section:
“457.2. Only an elector or a group not endowed with
legal personality and composed in the majority of
natural persons who are qualified electors may apply
for authorization as a neutral intervenor.
Only an elector who cannot join a national committee
may apply for authorization as a non-affiliated
elector.
Neutral intervenors and non-affiliated electors are
private intervenors.”
457.3 Replace subparagraphs 3 to 6 of the first paragraph
by the following subparagraphs:
(3) in the case of a neutral intervenor, state
briefly the purpose of the application and declare
that he does not intend to directly promote or
oppose either option;
(4) in the case of a non-affiliated elector,
indicate which option he intends to promote and
state briefly why he cannot join a national
committee;
(5) declare that he is not associated with and has
not contributed to either national committee;
(6) declare that he is not acting directly or
indirectly on behalf of either national committee;”.
Insert, at the beginning of subparagraph 7 of the
first paragraph, the following: “in the case of a
neutral intervenor,”.
457.4 Replace the words “any candidate or party” at the
end of subparagraph 5 of the first paragraph by the
words “either option”.
Replace subparagraph 6 of the first paragraph by the
following subparagraph:
“(6) state briefly the purpose of the application,”.
Replace the words “any candidate or party” at the
end of subparagraph 7 of the first paragraph by the
words “either national committee”.
Replace the words “a member of any party” at the
end of subparagraph 8 of the first paragraph by the
words “associated with and has not contributed to
either national committee”.
457.5
457.6
457.7 Replace the word “election” in the first paragraph
by the word “referendum”.
Replace the words “a candidate” in the second
paragraph by the words “an official delegate”.
457.8 Replace the section by the following section:
“457.8. Not later than the tenth day preceding
polling day, the returning officer shall transmit
to the national committees and to each official
delegate a list of the authorizations which have
been granted.
The list shall indicate the name of each private
intervenor, the name of the private intervenor’s
representative, if any, and the number and date of
the authorization. The list shall also indicate
whether the private intervenor is a neutral
intervenor or a non-affiliated elector and, in
the latter case, the option that the non-affiliated
elector intends to promote.”
457.9 Replace the words “an election” in the first
paragraph by the words “a referendum”.
457.10
457.11
457.12 Replace the section by the following section:
“457.12. A private intervenor who is an elector or
the representative of a private intervenor may not
join or contribute to a national committee during the
referendum period.”
457.13 Replace the section by the following section:
“457.13. A neutral intervenor may not incur
expenses that are not related to the purpose stated
in the application for authorization or that
directly promote or oppose either option.
A non-affiliated elector may not incur expenses that
do not promote the option indicated in the
application for authorization.”
457.14
to
457.16
457.17 Replace the figure “$25” in the first paragraph by
the figure “$60”.
457.18
to
457.20
457.21 Replace the words “a judge of the Court of Québec”
in the first paragraph by the words “the Conseil du
référendum”.
Replace the word “court” in the third paragraph and
the word “judge” in the last paragraph by the word
“council”.
485 Strike out the second, third and fourth paragraphs.
486
487 Replace the section by the following section:
“487. In respect of the financing of national
committees and the control of regulated expenses, he
shall, in particular,
(1) verify that the national committees, official
agents and their deputies and local agents are
complying with the provisions of the Act;
(2) receive and examine the return of regulated
expenses;
(3) inquire into the legality of contributions and
regulated expenses.”
488 Replace the words “political parties” in paragraph 4
by the words “national committees”.
Replace, in paragraph 5, the words “political party”
by the words “national committee”, the word
“candidates” by the word “committees” and the word
“parties” by the words “national committees”.
488.1 Replace the word “election” in the first line and in
the last line by the word “referendum” and replace
the words “this Act” by the words “the Referendum Act
(chapter C-64.1)”.
489.1 Replace the words “authorized parties represented in
the National Assembly” by the words “national
committees” and strike out the words “, the filing of
nomination papers”.
490
Replace the words “election period or during an
enumeration or revision period” in the first
paragraph by the words “referendum period”.
Replace the second paragraph by the following
paragraph:
“The chief electoral officer must, however, give
notice of any decision he intends to make to the
national committees, the official delegates and
the electors concerned.”
Strike out the words “or the end of the enumeration
or revision” in the third paragraph.
491
to
494
496 Strike out the first paragraph.
In the second paragraph, change in French; no change
necessary in English.
497
498
512
551
to
551.4
553 Replace the word “candidate” in paragraph 3 by the
words “national committee”.
553.1 Replace the word “election” in paragraph 1 by the
word “referendum”.
554 Replace the word “election” in paragraph 2 by the
word “referendum”.
Strike out the words “of election” in paragraph 3.
555
556 Strike out paragraph 4.
556.1 Replace the words “an election” in paragraphs 1 and
2 by the words “a referendum”.
557 Replace the word “election” by the word “referendum”.
558 Replace the words “every candidate or every person
who later becomes a candidate” in subparagraph 1 of
the first paragraph by the words “every official
delegate”.
Replace the words “a candidate” in subparagraph 2 of
the first paragraph by the words “an option”.
Replace the word “election” in subparagraph 1 of
the second paragraph by the word “regulated”.
Replace the words “the election of a candidate at
an election” in subparagraphs 1 and 2 of the second
paragraph by the words “an option submitted at a
referendum”.
559 Insert, after the word “agent”, the words “or any
local agent”.
Replace the word “election” in paragraph 1 by the
word “regulated”.
559.1 Replace the words “an election” in paragraph 1 by
the words “a regulated”.
560 Replace the words “candidate or party leader” by the
words “chairman or official delegate of a national
committee” and the word “election” by the word
“regulated”.
563 Replace the section by the following section:
“563. Every person who fails to file a report or
return of regulated expenses or the report referred
to in section 457.18 is liable to a fine of $50 for
each day of delay.”
564 Replace the section by the following section:
“564. Every person who contravenes any of sections
66, 87, 90 to 93, 95 to 97, 99, 100, 104, 105, 410,
413 to 417, 421, 421.1, 422, 424, 429, 429.1, 457.9
and 457.11 to 457.17 is liable to a fine of $500 to
$10,000.”
565
566
567 Strike out the following in the first paragraph: “,
in paragraph 4 of section 556”.
Replace the word “election” in the second paragraph
by the word “regulated” and insert after the word
“agent” the words “or the local agent”.
568 Strike out the second paragraph.
568.1
569 Replace the words “Such proceedings” in the second
paragraph by the words “Proceedings are instituted
before the Court of Québec. They”.
570 Replace the words “an election” in the first
paragraph by the words “a referendum”.
571
to
573”.
PROVISIONS APPLICABLE TO THE HOLDING OF A REFERENDUM
ELECTION ACT (chapter E-3.3)
SECTIONS AMENDMENTS
1 Replace the words “Referendum Act (chapter
C-64.1)” in subparagraph 5 of the first
paragraph by the words “Election Act (chapter
E-3.3)”.
2
3 Replace the words “election period” in the third
paragraph by the words “referendum period”.
Replace the fourth paragraph by the following:
“An elector who is a Member of the National Assembly
representing an electoral division other than the
electoral division in which he is domiciled may be
considered to be domiciled either in the polling
subdivision of his domicile or in the polling
subdivision where the main office he uses as a
Member of the National Assembly in the electoral
division he represents is situated.”
4
46 Replace the first paragraph by the following
paragraph:
“46. An official agent may resign by sending a
written notice to that effect to the chairman of the
national committee.”
Replace the words “Within 30 days of resigning, the
official representative shall file with the party,
the party authority, the independent Member or the
independent candidate” in the second paragraph by
the words “Within 30 days of resigning, the
official agent shall file with the national
committee”, and the words “financial report” by
the words “return of regulated expenses”.
Replace the words “an authorized entity no longer has
an official representative, another official
representative” in the third paragraph by the words
“a national committee no longer has an official
agent, another official agent”.
Replace the words “official representative or of a
delegate” in the fourth paragraph by the words
“official agent”.
60 Replace the section by the following section:
“60. The official agent of a national committee is
authorized to solicit and collect contributions until
polling day.
After polling day, the official agent is authorized
to solicit and collect contributions only for the
purpose of paying the debts arising from his
regulated expenses and to dispose, in accordance with
the second paragraph of section 441, of the sums and
property derived from his referendum fund.”
66 Replace the section by the following section:
“66. Where the chairman of a national committee
resigns, he shall so notify the chief electoral
officer in writing without delay.”
87 Strike out the second paragraph.
88 Replace the first paragraph by the following
paragraph:
“88. Sums of money donated to a national committee
and services rendered and goods furnished to it for
the purposes of promoting an option submitted to a
referendum are deemed to be contributions.”
Strike out subparagraphs 2 and 3 of the second
paragraph.
Replace subparagraph 4 of the second paragraph by
the following subparagraph:
“(4) a loan granted to a national committee at the
current market rate of interest at the time it is
granted by an authorized political party;”.
Strike out subparagraphs 5 and 6 of the second
paragraph.
Replace subparagraph 7 of the second paragraph by the
following subparagraph:
“(7) air time on the radio or television or space in
the newspaper, periodical or other printed matter
available free of charge to national committees by
any radio, television or cable broadcaster or any
owner of a newspaper, periodical or other printed
matter, provided he offers such service equitably as
to quality and quantity to each national committee;”.
Replace subparagraph 8 of the second paragraph by
the following subparagraph:
“(8) transfers of funds between:
(a) an authorized party and the referendum fund of
a national committee;
(b) the referendum fund of a national committee and
the referendum fund put at the disposal of a local
agent.”
90
91 Replace the first paragraph by the following
paragraph:
“91. The total of contributions to each national
committee by the same elector in the same referendum
shall not exceed the amount of $3 000.”
Replace the words “an authorized entity” in the
second paragraph by the words “a national committee”.
92 Replace the first paragraph by the following
paragraph:
“92. Contributions shall not be solicited except
under the responsibility of the official agent of a
national committee, or except through persons
designated in writing by the official agent.”
Replace the word “representative” in the second
paragraph by the word “agent”.
93 Replace the words “representative of the authorized
entity” by the words “agent of the national
committee”.
94 Replace the section by the following section:
“94. The local agent has, for the electoral division
for which he is appointed, the powers conferred on
the official agent of the national committee by
sections 92, 93 and 96.”
95
96 Replace the word “representative” by the word
“agent”.
97 Replace the words “authorized entity” by the words
“national committee”.
98 Replace the words “authorized entity” by the words
“national committee”.
99 Replace the words “authorized entity” by the words
“official agent”.
100
104 Replace the words “representative of an authorized
entity” by the words “agent of a national committee”.
105 Add, after the second paragraph, the following
paragraph:
“The principal of, and interest on, every loan must
be paid before the return of the regulated expenses
is sent.”
131
132 Replace the words “party authority at the level of
the electoral division” in the first paragraph by the
words “authority, at the level of the electoral
division, of an authorized party in the National
Assembly”.
133 Replace the word “election” by the word “referendum”.
134 Replace the words “political parties and independent
candidates” by the words “national committees”, and
the words “election expenses” by the words
“regulated expenses”.
135 Replace the words “particulars that will be contained
in” in the fourth and fifth lines by the words
“question that will appear on”.
136
137 Replace the word “candidate” in the second paragraph
by the words “national committee”.
Replace the word “election” in the third paragraph
by the word “referendum”.
138
to
144
145 Replace the word “election” in the first paragraph by
the word “referendum”.
146 Replace the section by the following section:
“146. Not later than the twenty-seventh day
preceding polling day, the returning officer shall
transmit to the national committees and to each
official delegate the list of electors for the
electoral division, the list of electors entitled
to exercise their right to vote outside Québec
for the division and the list of addresses for
which no electors’ names are entered.
The lists shall be transmitted in computerized form
and in duplicate copies.
For the purposes of this Act, “official delegate”
means a person appointed as such by the chairman of
a national committee to represent him in an electoral
division.”
147 Replace the word “election” in the first paragraph by
the word “referendum”.
Replace the word “parties” in the second paragraph by
the words “national committees”.
179
to
181
182 Replace the section by the following section:
“182. The returning officer shall inform the chief
electoral officer, the national committees and each
official delegate of the places selected.”
183
184 Replace the section by the following section:
“184. The returning officer shall appoint two
revisors not later than Wednesday of the fourth
week preceding that of the polling.
The first revisor shall be appointed on the
recommendation of the official delegate of the
national committee which has the greatest number of
Members of the National Assembly.
The second revisor shall be appointed on the
recommendation of the official delegate of the
national committee which has the second greatest
number of Members of the National Assembly.”
186 Strike out the first paragraph.
187
188 Replace the section by the following section:
“188. The revisor recommended by the national
committee which has the greatest number of
Members of the National Assembly shall act as
chairman of the board of revisors.
The revisor recommended by the national committee
which has the second greatest number of Members of
the National Assembly shall act as vice-chairman.”
189 Replace the section by the following section:
“189. The returning officer shall post, in his
office, the list of revisors appointed to each board
of revisors and shall transmit it to the chief
electoral officer, the national committees and each
official delegate.”
190
to
213
214 Replace the word “election” in the third paragraph by
the word “referendum”.
215
to
217
218 Replace the word “candidate” in the first paragraph
by the words “official delegate”.
227
to
231.1
231.2 Replace the word “candidate” in the second paragraph
by the words “official delegate”.
231.3
to
231.14
233 Replace the word “election” by the word
“referendum”.
248 Replace the first and second paragraphs by the
following paragraphs:
“248. Every employer shall, upon written request,
grant a leave without pay to an employee who acts as
the chairman of a national committee or as an
official delegate. The request may be made at any
time from the date of the writ instituting the
holding of a referendum.
The employee’s leave begins on the day requested by
the employee and ends on the thirtieth day following
polling day.”
249 Replace the first and second paragraphs by the
following paragraphs:
“249. Every employer shall, upon written request,
grant a leave without pay to an employee who acts as
the official agent of a national committee. The
request may be made at any time from the date of the
writ instituting the holding of a referendum.
The employee’s leave begins on the day requested by
the employee and ends on the ninetieth day following
polling day.”
250
251 Replace the words “a candidate or” by the words
“the chairman of a national committee, an official
delegate or an”.
252
to
255
259.1 Replace the word “election” by the word “referendum”
and the words “an election” by the words “a
referendum”.
259.2 Replace the word “Election” in the first and second
paragraphs by the word “Referendum”.
259.3 Replace the word “Election” by the word
“Referendum”.
259.4 Replace the word “election” by the word
“referendum”.
259.5 Replace the word “election” in the first and second
paragraphs by the word “referendum”.
259.6
259.7 Replace the words “Election” and “election” in the
first and third paragraphs by the words “Referendum”
and “Referendum”.
259.8 Replace the word “election” in the first paragraph
by the word “referendum”.
Replace the words “party or candidate concerned” in
the first paragraph by the words “national committee
concerned”.
Replace the words “party, candidate” in the second
paragraph by the words “national committee”.
259.9 Replace the words “The party, candidate” by the
words “The national committee”.
260 Replace the section by the following section:
“260. Upon receipt of a copy of the writ, the
returning officer shall publish a notice of poll.
The notice of poll shall set forth
(1) the text of the question put to the electors;
(2) the days and hours of polling at advance polling
stations;
(3) the day and hours of polling at polling stations;
(4) the name of every national committee and, for
each of them, the given name and surname of the
chairman and of the official agent, and, for the
division, the given name and surname of the official
delegate and of the local agent.”
261 Replace the words “candidate or his mandatary” by the
words “official delegate”.
262 Replace the words “candidate and each party authority
at the level of the electoral division” in the first
paragraph by the words “official delegate”.
263 Replace the figure “317” by the figures “310, 312 to
317”.
264
to
269
270 Replace the words “the candidates” by the words “each
official delegate”.
271 Replace the words “candidate or his mandatary; the
latter may attend and may affix their” in the third
paragraph by the words “official delegate; he may
attend and may affix his”.
272
273 Replace the words “general election” in the first
paragraph by the word “referendum”.
Replace the words “of his domicile” in the third
paragraph by the words “where the house of detention
is situated”.
274 Replace the words “chief electoral officer” in the
third paragraph by the words “returning officer of
the electoral division concerned”.
Add, after the third paragraph, the following
paragraph:
“The returning officer shall ensure that the list
remains confidential.”
275
276 Replace the words “authorized party” by the words
“official delegate of a national committee”.
278 Replace the section by the following section:
“278. The returning officer referred to in section
275 shall give the deputy returning officer a sealed
ballot box containing the ballot papers, the list of
electors of the house of detention, the poll book and
the materials required for the poll. He shall also
give him directives on the work of the polling
officers.”
279
280 Strike out the second paragraph.
282 Replace the section by the following section:
“282. The counting of the votes shall be effected in
accordance with section 272.”
286
to
289
290 Replace the word “candidates” by the words “official
delegates”.
291
to
293.4
293.5 Strike out the words “and a list of the places where
the elector may consult the list of candidates” in
the first paragraph.
Strike out the words “be in the form prescribed by
Schedule IV and shall” in the second paragraph.
296
to
299
300 Replace the section by the following section:
“300. The counting of the votes of electors outside
Québec shall be proceeded with in accordance with
section 272, adapted as required.
However, the counting shall be proceeded with at the
place and time fixed by the chief electoral officer.
The deputy returning officer shall, for each
electoral division, draw up a statement of votes and
an abstract from such statement that he shall deliver
to the chief electoral officer or the person
designated by him, together with the ballot box.
The chief electoral officer shall forthwith
communicate the results to each returning officer
concerned and transmit to him the abstract from the
statement of votes which concerns him.”
302 Replace the word “candidate” in the fourth paragraph
by the words “official delegate”.
303
to
305
306 Replace the words “an election” in the first
paragraph by the words “a referendum”.
307
to
309
310 Replace the section by the following section:
“310. In every polling station, the returning
officer shall appoint, as deputy returning officer,
the person recommended by the official delegate of
the national committee which has the greatest number
of Members in the National Assembly.
He shall appoint, as poll clerk, the person
recommended by the official delegate of the national
committee which has the second greatest number of
Members in the National Assembly.
Where the two national committees have an equal
number of Members in the National Assembly, the
chief electoral officer shall determine, by a drawing
of lots, which committee is deemed to have the
greatest number of Members or, as the case may be,
the second greatest number of Members in the National
Assembly.”
312
313 Replace the word “candidate” in the first paragraph
by the words “official delegate”.
Replace the word “candidates” in the second paragraph
by the words “official delegates”.
314
315
316 Replace the section by the following section:
“316. The official delegate of each national
committee may designate a person and give him a power
of attorney to represent the national committee
before the deputy returning officer or the officer in
charge of information and order, or before each of
them.”
317 Replace the words “candidate or his mandatary” by the
words “official delegate”.
318 Replace the words “A candidate” by the words “The
official delegate of each national committee”.
319 Replace the words “candidate or his mandatary” by the
words “official delegate”.
320 Strike out the words “in accordance with the model
provided in Schedule III and” in the first paragraph.
321
to
323
324 Replace the section by the following section:
“324. The ballot paper must contain on the obverse
a space specially reserved for the wording of the
question.”
325
to
327
328 Replace the word “candidates” in the second paragraph
by the words “national committees”.
329
to
333
334 Replace the words “candidates and their mandataries”
by the words “chairmen of national committees and
their official delegates”.
335
to
341
342 Replace the word “candidate” by the words “national
committee”.
343
to
347
348 Replace the words “then indicate to him the order in
which the candidates appear on the ballot paper and
the indications entered under their names, where such
is the case” by the words “read the question and
indicate to him the order in which the options appear
on the ballot paper”.
349
350 Replace the word “candidate” in the first paragraph
by the words “national committee”.
Replace the word “election” in subparagraph 8 of the
first paragraph by the word “referendum”, the words
“a candidate” in subparagraph 4 of the first
paragraph by the words “an option” and the word
“election” in subparagraph 5 of the first paragraph
by the word “referendum”.
351
352 Strike out the word “political” in the first
paragraph and replace the words “a party or
candidate” in the first paragraph by the
words “an option submitted to a referendum”.
Replace the words “party or candidate promoted by
the publicity” in the second paragraph by the words
“national committee concerned”.
353
to
355
356 Replace the section by the following section:
“356. No elector may, on the premises of a polling
station, indicate, in any manner, the option in
favour of which he intends to vote or has voted.”
357 Replace the section by the following section:
“357. No official delegate, representative or
election officer may, on the premises of a polling
station, attempt to learn the option in favour of
which an elector intends to vote or has voted.”
358 Replace the section by the following section:
“358. No official delegate, representative, election
officer or elector who has given assistance to
another elector may disclose the option for which
the elector has voted.”
359 Replace the word “whom” by the words “which option”.
360 Replace the word “candidate” by the words “official
delegate”.
361
to
363
364 Replace the word “candidate” in subparagraph 4 of the
second paragraph by the word “option” and the words
“a person who is not a candidate” in subparagraph 5
of the second paragraph by the words “an option which
is not one of the options submitted to the
referendum”.
365
366 Replace the words “a candidate or the representative
of a candidate” by the words “an official delegate or
his representative”.
366.1
367 Replace the word “candidate” in the first paragraph
by the word “option”.
368 Replace the word “candidate” by the words “official
delegate”.
369
370
371 Replace the words “candidate or his mandatary” in the
first paragraph by the words “official delegate”.
Replace the words “candidate, mandatary” in the
second paragraph by the words “official delegate”.
372 Replace the word “candidate” in the first paragraph
by the word “option”.
Replace the figure “285” in the second paragraph by
the figure “300”.
373
374
375 Replace the words “declare elected the candidate who”
in the first paragraph by the words “announce the
option which”.
377 Replace the words “declare elected the candidate who”
and the word “candidate” in the first paragraph by
the words “issue a declaration indicating the option
which” and the words “official delegate”,
respectively.
378 Replace the word “election” in the first paragraph by
the word “referendum”.
379 Replace the word “election” by the word “referendum”.
380 Replace the section by the following section:
“380. The chief electoral officer shall, as soon as
possible, publish a notice in the Gazette officielle
du Québec indicating, for each electoral division,
the number of votes for each of the options
appearing on the ballot paper.”
381 Replace the word “election” which appears twice in
the first paragraph by the word “referendum”.
401 Replace the section by the following section:
“401. For the purposes of sections 403, 415, 416,
417 and 421, the expression “regulated expenses”
includes expenses referred to in paragraph 10 of
section 404 and the expression “official agent”
includes a private intervenor within the meaning of
Division V if the private intervenor is an elector,
and a representative of a private intervenor if the
private intervenor is a group of electors.”
402 Replace the section by the following section:
“402. The cost of any goods or services used during
the referendum period to promote or oppose, directly
or indirectly, an option submitted to a referendum is
a regulated expense.”
403 Replace the words “election period” by the words
“referendum period”.
Replace the words “election expenses” by the words
“regulated expenses”.
404 Replace the section by the following section:
“404. The following are not regulated expenses:
(1) the cost of publishing articles, editorials,
news, interviews, columns or letters to the editor in
a newspaper, periodical or other publication,
provided that they are published without payment,
reward or promise of payment or reward, that the
newspaper, periodical or other publication is not
established for the purposes or in view of the
referendum and that the circulation and frequency of
publication are as what obtains outside the
referendum period;
(2) the cost at fair market value of producing,
promoting and distributing a book that was planned to
be put on sale at the prevailing market price
regardless of the issue of the writ;
(3) the cost of broadcasting by a radio or television
station of a program of public affairs, news or
commentary, provided that the program is broadcast
without payment, reward or promise of payment or
reward;
(4) the reasonable expenses incurred by a person, out
of his own money, for meals and lodging while
travelling for referendum purposes, if the expenses
are not reimbursed to him;
(5) the transportation costs of a person, paid out of
his own money, if the costs are not reimbursed to
him;
(5.1) the cost of the food and beverages served at a
political activity where the cost is included in the
entrance fee paid by participants;
(6) the reasonable expenses incurred for the
publication of explanatory commentaries on this Act
and the regulations thereunder, provided the
commentaries are strictly objective and contain no
publicity of such a nature as to favour or oppose an
option submitted to a referendum;
(7) the reasonable ordinary expenses incurred for the
day-to-day operations of not more than two permanent
offices of an authorized party the addresses of which
are entered in the registers of the chief electoral
officer;
(8) interest accrued from the beginning of the
referendum period to the day occurring 90 days after
polling day, on any loan lawfully granted to an
official agent for regulated expenses, unless the
official agent has declared them as regulated
expenses in his return of regulated expenses;
(9) the expenses incurred for the holding of
meetings, the total of which does not exceed $600
for the entire referendum period, including the
renting of halls and the convening of participants,
provided the meetings are not directly or
indirectly organized on behalf of a national
committee;
(10) the publicity expenses, the total of which
does not exceed $1,000 for the entire referendum
period, incurred by a neutral intervenor authorized
under Division V, without directly promoting or
opposing an option, to advocate abstention or the
spoiling of ballots.
For the purposes of subparagraph 7 of the first
paragraph, the permanent office of an authorized
party is the office where the employees of the party
or of a body associated with it for the purpose of
attaining its objects and recognized by the leader of
the party for such a purpose by a letter addressed to
the chief electoral officer before the seventh day
following the issue of the writ, work on a permanent
basis, outside the referendum period, at ensuring the
dissemination of the party’s political program and
coordinating the political action of the party
members.”
405 Replace the words “election expenses, an authorized
party” in the first paragraph by the words “regulated
expenses, a national committee”.
Replace the second paragraph by the following
paragraph:
“The official agent shall be appointed by the
chairman of the national committee who shall notify
it to the chief electoral officer.”
Replace the words “leader of the party” in the third
paragraph by the words “chairman of the national
committee”.
Replace the words “a party” in the fourth paragraph
by the words “a national committee”.
406 Replace the section by the following section:
“406. Only one official agent is appointed for each
national committee.
However, the official agent may, with the approval of
the chairman of the national committee, appoint the
required number of deputies and, for each electoral
division, a local agent. He shall notify the chief
electoral officer and the returning officer thereof
in writing.
The official agent may authorize them to incur or
authorize regulated expenses up to the amount he
fixes in their deeds of appointment. The amount may
be changed at any time, in writing, by the official
agent before he files his return of regulated
expenses.
Any regulated expense incurred by the deputy of the
official agent or by a local agent is deemed to be
incurred by the official agent up to the amount fixed
in the deed of appointment.
The deputy and the local agent shall provide the
official agent of the national committee with a
detailed statement of expenses incurred or authorized
by them.”
407 Replace the first paragraph by the following
paragraph:
“407. An official agent or local agent may, in
writing, authorize an advertising agency to incur or
order regulated expenses up to the amount he fixes
in the authorization. That amount may be changed, by
the official agent or the local agent, as the case
may be, in writing, at any time before he files his
return of regulated expenses.”
Insert the words “or the local agent, as the case may
be” after the word “agent” in the second paragraph.
410 Replace the section by the following section:
“410. If the official agent dismisses a local agent,
he shall notify it in writing to the returning
officer. He may appoint another local agent.”
411 Replace the words “an official agent” in the first
paragraph by the words “a local agent”.
Replace the words “an official agent” and the words
“candidate or his mandatary” in the second paragraph
by the words “a local agent” and the words “official
delegate”, respectively.
412 Replace the section by the following section:
“412. No person may act as the official agent of a
national committee, his deputy or a local agent
unless he is qualified to vote.”
413 Replace the section by the following section:
“413. During a referendum period, only the official
agent of a national committee, his deputy or a local
agent may incur or authorize regulated expenses.
However, a non-affiliated elector authorized under
Division V may incur regulated publicity expenses
provided that the total of the expenses for the
entire referendum period does not exceed $1,000.”
414 Replace the section by the following section:
“414. An official agent, his deputy or a local
agent shall pay the cost of regulated expenses only
out of a referendum fund.”
415 Replace the section by the following section:
“415. No goods or services whose cost is wholly or
partly a regulated expense contemplated in section
403 may be used during a referendum period except by
the official agent of a national committee, his
deputy or a local agent, or with his authorization.”
416 Replace the section by the following section:
“416. No person may accept or execute an order for
regulated expenses not given or authorized by the
official agent of a national committee, his deputy,
a local agent or authorized advertising agency.”
417 Replace the words “election expense” and “election
period” in the first paragraph by the words
“regulated expense” and “referendum period”,
respectively.
421 Replace the words “an election” in the first
paragraph by the words “a referendum”.
Replace the words “or deputy” in the first, second
and third paragraphs by the words “, deputy or
local agent”.
421.1 Replace the second paragraph by the following
paragraph:
“Where the cost of the writing, object, material,
advertisement or publicity referred to in section
421 exceeds $1,000, the printer, manufacturer,
owner or radio or television broadcaster may only
mention or, as the case may be, indicate as the
person having caused the writing, object, material,
advertisement or publicity to be produced, published
or broadcast the name and title of the official agent
or deputy official agent of a national committee or
of the local agent of the official agent.”
422 Replace the words “the official agents of several
candidates”, the word “official”, and the word
“party” by the words “several local agents”, the word
“local” and the words “national committee”,
respectively.
424 Replace the word “election” in the first paragraph by
the word “regulated”.
425 Replace the first and second paragraphs by the
following paragraphs:
“425. Every person to whom an amount is due for
regulated expenses, other than expenses incurred by
a non-affiliated elector, shall present his claim to
the official agent or the local agent not later than
60 days after polling day. In no case may the
regulated expenses be paid by the official agent or
the local agent if the claim is presented to him
after that period has expired.
Where the official agent or local agent has died or
resigned and has not been replaced, the claim shall
be presented within the same time to the chairman of
the national committee or to the official agent, as
the case may be.”
426 Replace the section by the following section:
“426. Regulated expenses shall be limited so as
never to exceed for a national committee, during one
referendum, $1 per elector for all the electoral
divisions.
However, the national committee that represents the
option for which the fewest non-affiliated electors
have been authorized under section 457.6 to incur
regulated expenses may spend an additional amount to
50% of the difference between the expenses that
authorized non-affiliated electors favourable to one
option may incur and the expenses that may be
incurred by those favourable to the other option.
The amount is established by the chief electoral
officer who shall draw up a certificate and transmit
a copy to the chairman and the official agent of
each national committee not later than the tenth day
preceding polling day.”
427 Replace the section by the following section:
“427. For the purposes of section 426, the number of
electors is the greater of the number of electors
whose names are entered on the list of electors
produced upon the issue of a writ instituting a
referendum and the number of electors whose names
are entered on the list following revision.
The number is established by the chief electoral
officer who shall draw up a certificate thereof and
send a copy of the certificate to the chairman and
the official agent of each national committee.”
429 Replace the word “election” in the first paragraph by
the word “referendum”.
Strike out the second paragraph.
429.1 Replace the word “election” by the word
“referendum”.
430
431
434 Replace the first paragraph by the following
paragraph:
“434. The official agent of each national committee
and, through him, each local agent he has appointed
shall, within 90 days after polling day, deliver to
the chief electoral officer a return of the regulated
expenses incurred or authorized by them.”
Insert, after the second paragraph, the following
paragraph:
“The return must, in addition, indicate the name, the
complete address of the domicile of, and the amount
paid by, each elector whose total contribution to a
national committee exceeds $200.”
435 Replace the word “election” and the words and figure
“sections 432 and” by the word “regulated” and the
word “section”, respectively.
436 Replace the words “sections 432 and” in the first
paragraph by the word “section”.
Replace the words “leader of the party or to the
candidates if they so request” in the second
paragraph by the words “chairman of the national
committee if he so requests”.
437 Replace the section by the following section:
“437. In addition to regulated expenses, the
official agent and the local agent must indicate in
the returns prescribed in section 434 the source of
the sums paid into the referendum fund put at their
disposal.
They must also indicate
(1) the financial institutions with which the sums
collected by the national committee have been
deposited and the account numbers used;
(2) the total amount of contributions of $200 or
less;
(3) the total amount of contributions of over $200;
(4) the total of the amounts transferred or loaned by
the official representative of an authorized party.”
438 Replace the words and figure “sections 432 and” in
the first paragraph by the word “section”.
Replace the word “election” in the second paragraph
by the word “referendum”.
439
440 Replace the second paragraph by the following
paragraph:
“If the claim is not contested by the official agent,
he shall forward to the chief electoral officer the
necessary additional sum, out of his referendum fund,
to enable him to discharge the claim.”
441 Replace the section by the following section:
“441. On filing the return prescribed by section
434, the official agent of a national committee shall
keep the remaining sums or goods in his referendum
fund.
The sums and goods may be used only for political,
religious, scientific or charitable purposes.”
443 Replace the words “a candidate or party leader” in
the second paragraph by the words “the chairman or
official agent of the national committee”.
444 Replace the words “a candidate or party leader” by
the words “the chairman or official agent of a
national committee”.
Strike out the figure and word “432 or”.
445 Replace the section by the following section:
“445. Before filing the return and declaration
prescribed in section 434, an official agent and a
local agent must have discharged all the claims
received within the period prescribed in section 425
unless they contest them and indicate them as
contested.
In no case may the official agent, the local agent or
the national committee pay a claim so contested.
Only the official agent may pay the claim in
execution of a judgment of a competent tribunal in
favour of the creditor after the hearing of the case
and not upon an acquiescence in the demand or an
agreement of settlement.
The chief electoral officer may, if no national
committee objects, authorize the official agent of a
national committee to pay a contested claim if the
refusal or failure to pay results from bona fide
error.”
446 Insert the words “or local agent” after the word
“agent”.
447 Replace the word “representative” and the words
“return of election expenses” by the word “agent” and
the words “returns of regulated expenses”,
respectively.
448 Replace the section by the following section:
“448. The judge having jurisdiction to decide an
application under sections 443 to 446 is the chief
judge of the Court of Québec.
No application under the first paragraph may be
heard without a notice of at least three clear days
to the chief electoral officer and to the chairman
of each national committee.”
457.2 Replace the section by the following section:
“457.2. Only an elector or a group not endowed with
legal personality and composed in the majority of
natural persons who are qualified electors may apply
for authorization as a neutral intervenor.
Only an elector who cannot join a national committee
may apply for authorization as a non-affiliated
elector.
Neutral intervenors and non-affiliated electors are
private intervenors.”
457.3 Replace subparagraphs 3 to 6 of the first paragraph
by the following subparagraphs:
(3) in the case of a neutral intervenor, state
briefly the purpose of the application and declare
that he does not intend to directly promote or
oppose either option;
(4) in the case of a non-affiliated elector,
indicate which option he intends to promote and
state briefly why he cannot join a national
committee;
(5) declare that he is not associated with and has
not contributed to either national committee;
(6) declare that he is not acting directly or
indirectly on behalf of either national committee;”.
Insert, at the beginning of subparagraph 7 of the
first paragraph, the following: “in the case of a
neutral intervenor,”.
457.4 Replace the words “any candidate or party” at the
end of subparagraph 5 of the first paragraph by the
words “either option”.
Replace subparagraph 6 of the first paragraph by the
following subparagraph:
“(6) state briefly the purpose of the application,”.
Replace the words “any candidate or party” at the
end of subparagraph 7 of the first paragraph by the
words “either national committee”.
Replace the words “a member of any party” at the
end of subparagraph 8 of the first paragraph by the
words “associated with and has not contributed to
either national committee”.
457.5
457.6
457.7 Replace the word “election” in the first paragraph
by the word “referendum”.
Replace the words “a candidate” in the second
paragraph by the words “an official delegate”.
457.8 Replace the section by the following section:
“457.8. Not later than the tenth day preceding
polling day, the returning officer shall transmit
to the national committees and to each official
delegate a list of the authorizations which have
been granted.
The list shall indicate the name of each private
intervenor, the name of the private intervenor’s
representative, if any, and the number and date of
the authorization. The list shall also indicate
whether the private intervenor is a neutral
intervenor or a non-affiliated elector and, in
the latter case, the option that the non-affiliated
elector intends to promote.”
457.9 Replace the words “an election” in the first
paragraph by the words “a referendum”.
457.10
457.11
457.12 Replace the section by the following section:
“457.12. A private intervenor who is an elector or
the representative of a private intervenor may not
join or contribute to a national committee during the
referendum period.”
457.13 Replace the section by the following section:
“457.13. A neutral intervenor may not incur
expenses that are not related to the purpose stated
in the application for authorization or that
directly promote or oppose either option.
A non-affiliated elector may not incur expenses that
do not promote the option indicated in the
application for authorization.”
457.14
to
457.16
457.17 Replace the figure “$25” in the first paragraph by
the figure “$60”.
457.18
to
457.20
457.21 Replace the words “a judge of the Court of Québec”
in the first paragraph by the words “the Conseil du
référendum”.
Replace the word “court” in the third paragraph and
the word “judge” in the last paragraph by the word
“council”.
485 Strike out the second, third and fourth paragraphs.
486
487 Replace the section by the following section:
“487. In respect of the financing of national
committees and the control of regulated expenses, he
shall, in particular,
(1) verify that the national committees, official
agents and their deputies and local agents are
complying with the provisions of the Act;
(2) receive and examine the return of regulated
expenses;
(3) inquire into the legality of contributions and
regulated expenses.”
488 Replace the words “political parties” in paragraph 4
by the words “national committees”.
Replace, in paragraph 5, the words “political party”
by the words “national committee”, the word
“candidates” by the word “committees” and the word
“parties” by the words “national committees”.
488.1 Replace the word “election” in the first line and in
the last line by the word “referendum” and replace
the words “this Act” by the words “the Referendum Act
(chapter C-64.1)”.
489.1 Replace the words “authorized parties represented in
the National Assembly” by the words “national
committees” and strike out the words “, the filing of
nomination papers”.
490
Replace the words “election period or during an
enumeration or revision period” in the first
paragraph by the words “referendum period”.
Replace the second paragraph by the following
paragraph:
“The chief electoral officer must, however, give
notice of any decision he intends to make to the
national committees, the official delegates and
the electors concerned.”
Strike out the words “or the end of the enumeration
or revision” in the third paragraph.
491
to
494
496 Strike out the first paragraph.
In the second paragraph, change in French; no change
necessary in English.
497
498
512
551
to
551.4
553 Replace the word “candidate” in paragraph 3 by the
words “national committee”.
553.1 Replace the word “election” in paragraph 1 by the
word “referendum”.
554 Replace the word “election” in paragraph 2 by the
word “referendum”.
Strike out the words “of election” in paragraph 3.
555
556 Strike out paragraph 4.
556.1 Replace the words “an election” in paragraphs 1 and
2 by the words “a referendum”.
557 Replace the word “election” by the word “referendum”.
558 Replace the words “every candidate or every person
who later becomes a candidate” in subparagraph 1 of
the first paragraph by the words “every official
delegate”.
Replace the words “a candidate” in subparagraph 2 of
the first paragraph by the words “an option”.
Replace the word “election” in subparagraph 1 of
the second paragraph by the word “regulated”.
Replace the words “the election of a candidate at
an election” in subparagraphs 1 and 2 of the second
paragraph by the words “an option submitted at a
referendum”.
559 Insert, after the word “agent”, the words “or any
local agent”.
Replace the word “election” in paragraph 1 by the
word “regulated”.
559.1 Replace the words “an election” in paragraph 1 by
the words “a regulated”.
560 Replace the words “candidate or party leader” by the
words “chairman or official delegate of a national
committee” and the word “election” by the word
“regulated”.
563 Replace the section by the following section:
“563. Every person who fails to file a report or
return of regulated expenses or the report referred
to in section 457.18 is liable to a fine of $50 for
each day of delay.”
564 Replace the section by the following section:
“564. Every person who contravenes any of sections
66, 87, 90 to 93, 95 to 97, 99, 100, 104, 105, 410,
413 to 417, 421, 421.1, 422, 424, 429, 429.1, 457.9
and 457.11 to 457.17 is liable to a fine of $500 to
$10,000.”
565
566
567 Strike out the following in the first paragraph: “,
in paragraph 4 of section 556”.
Replace the word “election” in the second paragraph
by the word “regulated” and insert after the word
“agent” the words “or the local agent”.
568 Strike out the second paragraph.
568.1
569 Replace the words “Such proceedings” in the second
paragraph by the words “Proceedings are instituted
before the Court of Québec. They”.
570 Replace the words “an election” in the first
paragraph by the words “a referendum”.
571
to
573”.
APPENDIX 2
(Sections 44, 45)ŠŠPROVISIONS APPLICABLE TO THE HOLDING OF A REFERENDUMŠŠELECTION ACT (chapter E-3.3)ŠŠSECTIONS AMENDMENTSŠŠ 1 Replace the words “Referendum Act (chapterŠ C-64.1)” in subparagraph 5 of the firstŠ paragraph by the words “Election Act (chapterŠ E-3.3)”.ŠŠ 2ŠŠ 3 Replace the words “election period” in the thirdŠ paragraph by the words “referendum period”.ŠŠ 4ŠŠ 46 Replace the first paragraph by the followingŠ paragraph:ŠŠ “46. An official agent may resign by sending aŠ written notice to that effect to the chairman of theŠ national committee.”ŠŠ Replace the words “Within 30 days of resigning, theŠ official representative shall file with the party,Š the party authority or the independent candidate” inŠ the second paragraph by the words “Within 30 days ofŠ resigning, the official agent shall file with theŠ national committee”, and the words “financial report”Š by the words “return of regulated expenses”.ŠŠ Replace the words “an authorized entity no longer hasŠ an official representative, another officialŠ representative” in the third paragraph by the wordsŠ “a national committee no longer has an officialŠ agent, another official agent”.ŠŠ Replace the words “official representative or of aŠ delegate” in the fourth paragraph by the wordsŠ “official agent”.ŠŠ 60 Replace the section by the following section:ŠŠ “60. The official agent of a national committee isŠ authorized to solicit and collect contributions untilŠ polling day.ŠŠ After polling day, the official agent is authorizedŠ to solicit and collect contributions only for theŠ purpose of paying the debts arising from hisŠ regulated expenses and to dispose, in accordance withŠ the second paragraph of section 441, of the sums andŠ property derived from his referendum fund.”ŠŠ 66 Replace the section by the following section:ŠŠ “66. Where the chairman of a national committeeŠ resigns, he shall so notify the chief electoralŠ officer in writing without delay.”ŠŠ 87 Strike out the second paragraph.ŠŠ 88 Replace the first paragraph by the followingŠ paragraph:ŠŠ “88. Sums of money donated to a national committeeŠ and services rendered and goods furnished to it forŠ the purposes of promoting an option submitted to aŠ referendum are deemed to be contributions.”ŠŠ Strike out subparagraphs 2 and 3 of the secondŠ paragraph.ŠŠ Replace subparagraph 4 of the second paragraph byŠ the following subparagraph:ŠŠ “(4) a loan granted to a national committee at theŠ current market rate of interest at the time it isŠ granted by an authorized political party;”.ŠŠ Strike out subparagraphs 5 and 6 of the secondŠ paragraph.ŠŠ Replace subparagraph 7 of the second paragraph by theŠ following subparagraph:ŠŠ “(7) air time on the radio or television or space inŠ the newspaper, periodical or other printed matterŠ available free of charge to national committees byŠ any radio, television or cable broadcaster or anyŠ owner of a newspaper, periodical or other printedŠ matter, provided he offers such service equitably asŠ to quality and quantity to each national committee;”.ŠŠ Replace subparagraph 8 of the second paragraph byŠ the following subparagraph:ŠŠ “(8) transfers of funds between:ŠŠ (a) an authorized party and the referendum fund ofŠ a national committee;ŠŠ (b) the referendum fund of a national committee andŠ the referendum fund put at the disposal of a localŠ agent.”ŠŠ 90ŠŠ 91 Replace the first paragraph by the followingŠ paragraph:ŠŠ “91. The total of contributions to each nationalŠ committee by the same elector in the same referendumŠ shall not exceed the amount of $3 000.”ŠŠ Replace the words “an authorized entity” in theŠ second paragraph by the words “a national committee”.ŠŠ 92 Replace the first paragraph by the followingŠ paragraph:ŠŠ “92. Contributions shall not be solicited exceptŠ under the responsibility of the official agent of aŠ national committee, or except through personsŠ designated in writing by the official agent.”ŠŠ Replace the word “representative” in the secondŠ paragraph by the word “agent”.ŠŠ 93 Replace the words “representative of the authorizedŠ entity” by the words “agent of the nationalŠ committee”.ŠŠ 94 Replace the section by the following section:ŠŠ “94. The local agent has, for the electoral divisionŠ for which he is appointed, the powers conferred onŠ the official agent of the national committee byŠ sections 92, 93 and 96.”ŠŠ 95ŠŠ 96 Replace the word “representative” by the wordŠ “agent”.ŠŠ 97 Replace the words “authorized entity” by the wordsŠ “national committee”.ŠŠ 98 Replace the words “authorized entity” by the wordsŠ “national committee”.ŠŠ 99 Replace the words “authorized entity” by the wordsŠ “official agent”.ŠŠ100ŠŠ104 Replace the words “representative of an authorizedŠ entity” by the words “agent of a national committee”.ŠŠ105 Add, after the second paragraph, the followingŠ paragraph:ŠŠ “The principal of, and interest on, every loan mustŠ be paid before the return of the regulated expensesŠ is sent.”ŠŠ131ŠŠ132 Replace the words “party authority at the level ofŠ the electoral division” in the first paragraph by theŠ words “authority, at the level of the electoralŠ division, of an authorized party in the NationalŠ Assembly”.ŠŠ133 Replace the word “election” by the word “referendum”.ŠŠ134 Replace the words “political parties and independentŠ candidates” by the words “national committees”, andŠ the words “election expenses” by the wordsŠ “regulated expenses”.ŠŠ135 Replace the words “particulars that will be containedŠ in” in the fourth and fifth lines by the wordsŠ “question that will appear on”.ŠŠ136ŠŠ137 Replace the word “candidate” in the second paragraphŠ by the words “national committee”.ŠŠ Replace the word “election” in the third paragraphŠ by the word “referendum”.ŠŠ138Š toŠ144ŠŠ145 Replace the word “election” in the first paragraph byŠ the word “referendum”.ŠŠ146 Replace the section by the following section:ŠŠ “146. Not later than the twenty-seventh dayŠ preceding polling day, the returning officer shallŠ transmit to the national committees and to eachŠ official delegate the list of electors for theŠ electoral division, the list of electors entitledŠ to exercise their right to vote outside QuébecŠ for the division and the list of addresses forŠ which no electors’ names are entered.ŠŠ The lists shall be transmitted in computerized formŠ and in duplicate copies.ŠŠ For the purposes of this Act, “official delegate”Š means a person appointed as such by the chairman ofŠ a national committee to represent him in an electoralŠ division.”ŠŠ147 Replace the word “election” in the first paragraph byŠ the word “referendum”.ŠŠ Replace the word “parties” in the second paragraph byŠ the words “national committees”.ŠŠ179Š toŠ181ŠŠ182 Replace the section by the following section:ŠŠ “182. The returning officer shall inform the chiefŠ electoral officer, the national committees and eachŠ official delegate of the places selected.”ŠŠ183ŠŠ184 Replace the section by the following section:ŠŠ “184. The returning officer shall appoint twoŠ revisors not later than Wednesday of the fourthŠ week preceding that of the polling.ŠŠ The first revisor shall be appointed on theŠ recommendation of the official delegate of theŠ national committee which has the greatest number ofŠ Members of the National Assembly.ŠŠ The second revisor shall be appointed on theŠ recommendation of the official delegate of theŠ national committee which has the second greatestŠ number of Members of the National Assembly.”ŠŠ186 Strike out the first paragraph.ŠŠ187ŠŠ188 Replace the section by the following section:ŠŠ “188. The revisor recommended by the nationalŠ committee which has the greatest number ofŠ Members of the National Assembly shall act asŠ chairman of the board of revisors.ŠŠ The revisor recommended by the national committeeŠ which has the second greatest number of Members ofŠ the National Assembly shall act as vice-chairman.”ŠŠ189 Replace the section by the following section:ŠŠ “189. The returning officer shall post, in hisŠ office, the list of revisors appointed to each boardŠ of revisors and shall transmit it to the chiefŠ electoral officer, the national committees and eachŠ official delegate.”ŠŠ190Š toŠ213ŠŠ214 Replace the word “election” in the third paragraph byŠ the word “referendum”.ŠŠ215Š toŠ217ŠŠ218 Replace the word “candidate” in the first paragraphŠ by the words “official delegate”.ŠŠ227Š toŠ231.1ŠŠ231.2 Replace the word “candidate” in the second paragraphŠ by the words “official delegate”.ŠŠ231.3ŠŠ233 Replace the word “election” by the wordŠ “referendum”.ŠŠ248 Replace the first and second paragraphs by theŠ following paragraphs:ŠŠ “248. Every employer shall, upon written request,Š grant a leave without pay to an employee who acts asŠ the chairman of a national committee or as anŠ official delegate. The request may be made at anyŠ time from the date of the writ instituting theŠ holding of a referendum.ŠŠ The employee’s leave begins on the day requested byŠ the employee and ends on the thirtieth day followingŠ polling day.”ŠŠ249 Replace the first and second paragraphs by theŠ following paragraphs:ŠŠ “249. Every employer shall, upon written request,Š grant a leave without pay to an employee who acts asŠ the official agent of a national committee. TheŠ request may be made at any time from the date of theŠ writ instituting the holding of a referendum.ŠŠ The employee’s leave begins on the day requested byŠ the employee and ends on the ninetieth day followingŠ polling day.”ŠŠ250ŠŠ251 Replace the words “a candidate or” by the wordsŠ “the chairman of a national committee, an officialŠ delegate or an”.ŠŠ252Š toŠ255ŠŠ260 Replace the section by the following section:ŠŠ “260. Upon receipt of a copy of the writ, theŠ returning officer shall publish a notice of poll.ŠŠ The notice of poll shall set forthŠŠ (1) the text of the question put to the electors;ŠŠ (2) the days and hours of polling at advance pollingŠ stations;ŠŠ (3) the day and hours of polling at polling stations;ŠŠ (4) the name of every national committee and, forŠ each of them, the given name and surname of theŠ chairman and of the official agent, and, for theŠ division, the given name and surname of the officialŠ delegate and of the local agent.”ŠŠ261 Replace the words “candidate or his mandatary” by theŠ words “official delegate”.ŠŠ262 Replace the words “candidate and each party authorityŠ at the level of the electoral division” in the firstŠ paragraph by the words “official delegate”.ŠŠ263 Replace the figure “317” by the figures “310, 312 toŠ 317”.ŠŠ264Š toŠ269ŠŠ270 Replace the words “the candidates” by the words “eachŠ official delegate”.ŠŠ271 Replace the words “candidate or his mandatary; theŠ latter may attend and may affix their” in the thirdŠ paragraph by the words “official delegate; he mayŠ attend and may affix his”.ŠŠ272ŠŠ273 Replace the words “general election” in the firstŠ paragraph by the word “referendum”.ŠŠ Replace the words “of his domicile” in the thirdŠ paragraph by the words “where the house of detentionŠ is situated”.ŠŠ274 Replace the words “chief electoral officer” in theŠ third paragraph by the words “returning officer ofŠ the electoral division concerned”.ŠŠ Add, after the third paragraph, the followingŠ paragraph:ŠŠ “The returning officer shall ensure that the listŠ remains confidential.”ŠŠ275ŠŠ276 Replace the words “authorized party” by the wordsŠ “official delegate of a national committee”.ŠŠ278 Replace the section by the following section:ŠŠ “278. The returning officer referred to in sectionŠ 275 shall give the deputy returning officer a sealedŠ ballot box containing the ballot papers, the list ofŠ electors of the house of detention, the poll book andŠ the materials required for the poll. He shall alsoŠ give him directives on the work of the pollingŠ officers.”ŠŠ279ŠŠ280 Strike out the second paragraph.ŠŠ282 Replace the section by the following section:ŠŠ “282. The counting of the votes shall be effected inŠ accordance with section 272.”ŠŠ286Š toŠ289ŠŠ290 Replace the word “candidates” by the words “officialŠ delegates”.ŠŠ291Š toŠ293.4ŠŠ293.5 Replace the words “in the form prescribed by ScheduleŠ IV on which he shall indicate the name of theŠ elector’s electoral division, the necessary envelopesŠ and a list of the places where the elector mayŠ consult the list of candidates” by the words “onŠ which he shall indicate the name of the elector’sŠ electoral division, and the necessary envelopes”.ŠŠ296Š toŠ299ŠŠ300 Replace the section by the following section:ŠŠ “300. The counting of the votes of electors outsideŠ Québec shall be proceeded with in accordance withŠ section 272, adapted as required.ŠŠ However, the counting shall be proceeded with at theŠ place and time fixed by the chief electoral officer.ŠŠ The deputy returning officer shall, for eachŠ electoral division, draw up a statement of votes andŠ an abstract from such statement that he shall deliverŠ to the chief electoral officer or the personŠ designated by him, together with the ballot box.ŠŠ The chief electoral officer shall forthwithŠ communicate the results to each returning officerŠ concerned and transmit to him the abstract from theŠ statement of votes which concerns him.”ŠŠ302 Replace the word “candidate” in the fourth paragraphŠ by the words “official delegate”.ŠŠ303Š toŠ305ŠŠ306 Replace the words “an election” in the firstŠ paragraph by the words “a referendum”.ŠŠ307Š toŠ309ŠŠ310 Replace the section by the following section:ŠŠ “310. In every polling station, the returningŠ officer shall appoint, as deputy returning officer,Š the person recommended by the official delegate ofŠ the national committee which has the greatest numberŠ of Members in the National Assembly.ŠŠ He shall appoint, as poll clerk, the personŠ recommended by the official delegate of the nationalŠ committee which has the second greatest number ofŠ Members in the National Assembly.ŠŠ Where the two national committees have an equalŠ number of Members in the National Assembly, theŠ chief electoral officer shall determine, by a drawingŠ of lots, which committee is deemed to have theŠ greatest number of Members or, as the case may be,Š the second greatest number of Members in the NationalŠ Assembly.”ŠŠ312ŠŠ313 Replace the word “candidate” in the first paragraphŠ by the words “official delegate”.ŠŠ Replace the word “candidates” in the second paragraphŠ by the words “official delegates”.ŠŠ314ŠŠ315ŠŠ316 Replace the section by the following section:ŠŠ “316. The official delegate of each nationalŠ committee may designate a person and give him a powerŠ of attorney to represent the national committeeŠ before the deputy returning officer or the officer inŠ charge of information and order, or before each ofŠ them.”ŠŠ317 Replace the words “candidate or his mandatary” by theŠ words “official delegate”.ŠŠ318 Replace the words “A candidate” by the words “TheŠ official delegate of each national committee”.ŠŠ319 Replace the words “candidate or his mandatary” by theŠ words “official delegate”.ŠŠ320 Strike out the words “in accordance with the modelŠ provided in Schedule III and” in the first paragraph.ŠŠ321Š toŠ323ŠŠ324 Replace the section by the following section:ŠŠ “324. The ballot paper must contain on the obverseŠ a space specially reserved for the wording of theŠ question.”ŠŠ325Š toŠ327ŠŠ328 Replace the word “candidates” in the second paragraphŠ by the words “national committees”.ŠŠ329Š toŠ333ŠŠ334 Replace the words “candidates and their mandataries”Š by the words “chairmen of national committees andŠ their official delegates”.ŠŠ335Š toŠ341ŠŠ342 Replace the word “candidate” by the words “nationalŠ committee”.ŠŠ343Š toŠ347ŠŠ348 Replace the words “then indicate to him the order inŠ which the candidates appear on the ballot paper andŠ the indications entered under their names, where suchŠ is the case” by the words “read the question andŠ indicate to him the order in which the options appearŠ on the ballot paper”.ŠŠ349ŠŠ350 Replace the word “candidate” in the first paragraphŠ by the words “national committee”.ŠŠ Replace the word “election” in subparagraph 8 of theŠ first paragraph by the word “referendum”, the wordsŠ “a candidate” in subparagraph 4 of the firstŠ paragraph by the words “an option” and the wordŠ “election” in subparagraph 5 of the first paragraphŠ by the word “referendum”.ŠŠ351ŠŠ352 Strike out the word “political” in the firstŠ paragraph and replace the words “a party orŠ candidate” in the first paragraph by theŠ words “an option submitted to a referendum”.ŠŠ Replace the words “party or candidate promoted byŠ the publicity” in the second paragraph by the wordsŠ “national committee concerned”.ŠŠ353Š toŠ355ŠŠ356 Replace the section by the following section:ŠŠ “356. No elector may, on the premises of a pollingŠ station, indicate, in any manner, the option inŠ favour of which he intends to vote or has voted.”ŠŠ357 Replace the section by the following section:ŠŠ “357. No official delegate, representative orŠ election officer may, on the premises of a pollingŠ station, attempt to learn the option in favour ofŠ which an elector intends to vote or has voted.”ŠŠ358 Replace the section by the following section:ŠŠ “358. No official delegate, representative, electionŠ officer or elector who has given assistance toŠ another elector may disclose the option for whichŠ the elector has voted.”ŠŠ359 Replace the word “whom” by the words “which option”.ŠŠ360 Replace the word “candidate” by the words “officialŠ delegate”.ŠŠ361Š toŠ363ŠŠ364 Replace the word “candidate” in subparagraph 4 of theŠ second paragraph by the word “option” and the wordsŠ “a person who is not a candidate” in subparagraph 5Š of the second paragraph by the words “an option whichŠ is not one of the options submitted to theŠ referendum”.ŠŠ365ŠŠ366 Replace the words “a candidate or the representativeŠ of a candidate” by the words “an official delegate orŠ his representative”.ŠŠ367 Replace the word “candidate” in the first paragraphŠ by the word “option”.ŠŠ368 Replace the word “candidate” by the words “officialŠ delegate”.ŠŠ369ŠŠ370ŠŠ371 Replace the words “candidate or his mandatary” in theŠ first paragraph by the words “official delegate”.ŠŠ Replace the words “candidate, mandatary” in theŠ second paragraph by the words “official delegate”.ŠŠ372 Replace the word “candidate” in the first paragraphŠ by the word “option”.ŠŠ Replace the figure “285” in the second paragraph byŠ the figure “300”.ŠŠ373ŠŠ374ŠŠ375 Replace the words “declare elected the candidate who”Š in the first paragraph by the words “announce theŠ option which”.ŠŠ377 Replace the words “declare elected the candidate who”Š and the word “candidate” in the first paragraph byŠ the words “issue a declaration indicating the optionŠ which” and the words “official delegate”,Š respectively.ŠŠ378 Replace the word “election” in the first paragraph byŠ the word “referendum”.ŠŠ379 Replace the word “election” by the word “referendum”.ŠŠ380 Replace the section by the following section:ŠŠ “380. The chief electoral officer shall, as soon asŠ possible, publish a notice in the Gazette officielleŠ du Québec indicating, for each electoral division,Š the number of votes for each of the optionsŠ appearing on the ballot paper.”ŠŠ381 Replace the word “election” which appears twice inŠ the first paragraph by the word “referendum”.ŠŠ402 Replace the section by the following section:ŠŠ “402. The cost of any goods or services used duringŠ the referendum period to promote or oppose, directlyŠ or indirectly, an option submitted to a referendum isŠ a regulated expense.”ŠŠ403 Replace the words “election period” by the wordsŠ “referendum period”.ŠŠ Replace the words “election expenses” by the wordsŠ “regulated expenses”.ŠŠ404 Replace the section by the following section:ŠŠ “404. The following are not regulated expenses:ŠŠ (1) the cost of publishing articles, editorials,Š news, interviews, columns or letters to the editor inŠ a newspaper, periodical or other publication,Š provided that they are published without payment,Š reward or promise of payment or reward, that theŠ newspaper, periodical or other publication is notŠ established for the purposes or in view of theŠ referendum and that the circulation and frequency ofŠ publication are as what obtains outside theŠ referendum period;ŠŠ (2) the cost at fair market value of producing,Š promoting and distributing a book that was planned toŠ be put on sale at the prevailing market priceŠ regardless of the issue of the writ;ŠŠ (3) the cost of broadcasting by a radio or televisionŠ station of a program of public affairs, news orŠ commentary, provided that the program is broadcastŠ without payment, reward or promise of payment orŠ reward;ŠŠ (4) the reasonable expenses incurred by a person, outŠ of his own money, for meals and lodging whileŠ travelling for referendum purposes, if the expensesŠ are not reimbursed to him;ŠŠ (5) the transportation costs of a person, paid out ofŠ his own money, if the costs are not reimbursed toŠ him;ŠŠ (6) the reasonable expenses incurred for theŠ publication of explanatory commentaries on this ActŠ and the regulations thereunder, provided theŠ commentaries are strictly objective and contain noŠ publicity of such a nature as to favour or oppose anŠ option submitted to a referendum;ŠŠ (7) the reasonable ordinary expenses incurred for theŠ day-to-day operations of not more than two permanentŠ offices of an authorized party the addresses of whichŠ are entered in the registers of the chief electoralŠ officer;ŠŠ (8) interest accrued from the beginning of theŠ referendum period to the day occurring 90 days afterŠ polling day, on any loan lawfully granted to anŠ official agent for regulated expenses, unless theŠ official agent has declared them as regulatedŠ expenses in his return of regulated expenses;ŠŠ (9) the costs of holding a meeting, which must notŠ exceed $600, including the cost of renting a hall andŠ of convening the participants, provided the meetingŠ is not directly or indirectly organized on behalf ofŠ a national committee.ŠŠ For the purposes of subparagraph 7 of the firstŠ paragraph, the permanent office of an authorizedŠ party is the office where the employees of the partyŠ or of a body associated with it for the purpose ofŠ attaining its objects and recognized by the leader ofŠ the party for such a purpose by a letter addressed toŠ the chief electoral officer before the seventh dayŠ following the issue of the writ, work on a permanentŠ basis, outside the referendum period, at ensuring theŠ dissemination of the party’s political program andŠ coordinating the political action of the partyŠ members.”ŠŠ405 Replace the words “election expenses, an authorizedŠ party” in the first paragraph by the words “regulatedŠ expenses, a national committee”.ŠŠ Replace the second paragraph by the followingŠ paragraph:ŠŠ “The official agent shall be appointed by theŠ chairman of the national committee who shall notifyŠ it to the chief electoral officer.”ŠŠ Replace the words “leader of the party” in the thirdŠ paragraph by the words “chairman of the nationalŠ committee”.ŠŠ Replace the words “a party” in the fourth paragraphŠ by the words “a national committee”.ŠŠ406 Replace the section by the following section:ŠŠ “406. Only one official agent is appointed for eachŠ national committee.ŠŠ However, the official agent may, with the approval ofŠ the chairman of the national committee, appoint theŠ required number of deputies and, for each electoralŠ division, a local agent. He shall notify the chiefŠ electoral officer and the returning officer thereofŠ in writing.ŠŠ The official agent may authorize them to incur orŠ authorize regulated expenses up to the amount heŠ fixes in their deeds of appointment. The amount mayŠ be changed at any time, in writing, by the officialŠ agent before he files his return of regulatedŠ expenses.ŠŠ Any regulated expense incurred by the deputy of theŠ official agent or by a local agent is deemed to beŠ incurred by the official agent up to the amount fixedŠ in the deed of appointment.ŠŠ The deputy and the local agent shall provide theŠ official agent of the national committee with aŠ detailed statement of expenses incurred or authorizedŠ by them.”ŠŠ407 Replace the first paragraph by the followingŠ paragraph:ŠŠ “407. An official agent or local agent may, inŠ writing, authorize an advertising agency to incur orŠ order regulated expenses up to the amount he fixesŠ in the authorization. That amount may be changed, byŠ the official agent or the local agent, as the caseŠ may be, in writing, at any time before he files hisŠ return of regulated expenses.”ŠŠ Insert the words “or the local agent, as the case mayŠ be” after the word “agent” in the second paragraph.ŠŠ410 Replace the section by the following section:ŠŠ “410. If the official agent dismisses a local agent,Š he shall notify it in writing to the returningŠ officer. He may appoint another local agent.”ŠŠ411 Replace the words “an official agent” in the firstŠ paragraph by the words “a local agent”.ŠŠ Replace the words “an official agent” and the wordsŠ “candidate or his mandatary” in the second paragraphŠ by the words “a local agent” and the words “officialŠ delegate”, respectively.ŠŠ412 Replace the section by the following section:ŠŠ “412. No person may act as the official agent of aŠ national committee, his deputy or a local agentŠ unless he is qualified to vote.”ŠŠ413 Replace the section by the following section:ŠŠ “413. During a referendum period, only the officialŠ agent of a national committee, his deputy or a localŠ agent may incur or authorize regulated expenses.”ŠŠ414 Replace the section by the following section:ŠŠ “414. An official agent, his deputy or a localŠ agent shall pay the cost of regulated expenses onlyŠ out of a referendum fund.”ŠŠ415 Replace the section by the following section:ŠŠ “415. No goods or services whose cost is wholly orŠ partly a regulated expense contemplated in sectionŠ 403 may be used during a referendum period except byŠ the official agent of a national committee, hisŠ deputy or a local agent, or with his authorization.”ŠŠ416 Replace the section by the following section:ŠŠ “416. No person may accept or execute an order forŠ regulated expenses not given or authorized by theŠ official agent of a national committee, his deputy,Š a local agent or authorized advertising agency.”ŠŠ417 Replace the words “election expense” and “electionŠ period” in the first paragraph by the wordsŠ “regulated expense” and “referendum period”,Š respectively.ŠŠ421 Replace the words “an election” in the firstŠ paragraph by the words “a referendum”.ŠŠ Replace the words “or deputy” in the first, secondŠ and third paragraphs by the words “, deputy or localŠ agent”.ŠŠ422 Replace the words “the official agents of severalŠ candidates”, the word “official”, and the wordŠ “party” by the words “several local agents”, the wordŠ “local” and the words “national committee”,Š respectively.ŠŠ424 Replace the word “election” in the first paragraph byŠ the word “regulated”.ŠŠ425 Replace the first and second paragraphs by theŠ following paragraphs:ŠŠ “425. Every person to whom an amount is due forŠ regulated expenses shall present his claim to theŠ official agent or the local agent not later thanŠ sixty days after polling day. In no case may theŠ regulated expenses be paid by the official agent orŠ the local agent if the claim is presented to himŠ after that period has expired.ŠŠ Where the official agent or local agent has died orŠ resigned and has not been replaced, the claim shallŠ be presented within the same time to the chairman ofŠ the national committee or to the official agent, asŠ the case may be.”ŠŠ426 Replace the section by the following section:ŠŠ “426. Regulated expenses shall be limited so asŠ never to exceed for a national committee, during oneŠ referendum, $1 per elector for all the electoralŠ divisions.”ŠŠ427 Replace the section by the following section:ŠŠ “427. For the purposes of section 426, the number ofŠ electors is the greater of the number of electorsŠ whose names are entered on the list of electorsŠ produced upon the issue of a writ instituting aŠ referendum and the number of electors whose namesŠ are entered on the list following revision.ŠŠ The number is established by the chief electoralŠ officer who shall draw up a certificate thereof andŠ send a copy of the certificate to the chairman andŠ the official agent of each national committee.”ŠŠ429 Replace the word “election” in the first paragraph byŠ the word “referendum”.ŠŠ Strike out the second paragraph.ŠŠ429.1 Replace the word “election” by the wordŠ “referendum”.ŠŠ430ŠŠ431ŠŠ434 Replace the first paragraph by the followingŠ paragraph:ŠŠ “434. The official agent of each national committeeŠ and, through him, each local agent he has appointedŠ shall, within 90 days after polling day, deliver toŠ the chief electoral officer a return of the regulatedŠ expenses incurred or authorized by them.”ŠŠ Insert, after the second paragraph, the followingŠ paragraph:ŠŠ “The return must, in addition, indicate the name, theŠ complete address of the domicile of, and the amountŠ paid by, each elector whose total contribution to aŠ national committee exceeds $200.”ŠŠ435 Replace the word “election” and the words and figureŠ “sections 432 and” by the word “regulated” and theŠ word “section”, respectively.ŠŠ436 Replace the words “sections 432 and” in the firstŠ paragraph by the word “section”.ŠŠ Replace the words “leader of the party or to theŠ candidates if they so request” in the secondŠ paragraph by the words “chairman of the nationalŠ committee if he so requests”.ŠŠ437 Replace the section by the following section:ŠŠ “437. In addition to regulated expenses, theŠ official agent and the local agent must indicate inŠ the returns prescribed in section 434 the source ofŠ the sums paid into the referendum fund put at theirŠ disposal.ŠŠ They must also indicateŠŠ (1) the financial institutions with which the sumsŠ collected by the national committee have beenŠ deposited and the account numbers used;ŠŠ (2) the total amount of contributions of $200 orŠ less;ŠŠ (3) the total amount of contributions of over $200;ŠŠ (4) the total of the amounts transferred or loaned byŠ the official representative of an authorized party.”ŠŠ438 Replace the words and figure “sections 432 and” inŠ the first paragraph by the word “section”.ŠŠ Replace the word “election” in the second paragraphŠ by the word “referendum”.ŠŠ439ŠŠ440 Replace the second paragraph by the followingŠ paragraph:ŠŠ “If the claim is not contested by the official agent,Š he shall forward to the chief electoral officer theŠ necessary additional sum, out of his referendum fund,Š to enable him to discharge the claim.”ŠŠ441 Replace the section by the following section:ŠŠ “441. On filing the return prescribed by sectionŠ 434, the official agent of a national committee shallŠ keep the remaining sums or goods in his referendumŠ fund.ŠŠ The sums and goods may be used only for political,Š religious, scientific or charitable purposes.”ŠŠ443 Replace the words “a candidate or party leader” inŠ the second paragraph by the words “the chairman orŠ official agent of the national committee”.ŠŠ444 Replace the words “a candidate or party leader” byŠ the words “the chairman or official agent of aŠ national committee”.ŠŠ Strike out the figure and word “432 or”.ŠŠ445 Replace the section by the following section:ŠŠ “445. Before filing the return and declarationŠ prescribed in section 434, an official agent and aŠ local agent must have discharged all the claimsŠ received within the period prescribed in section 425Š unless they contest them and indicate them asŠ contested.ŠŠ In no case may the official agent, the local agent orŠ the national committee pay a claim so contested.Š Only the official agent may pay the claim inŠ execution of a judgment of a competent tribunal inŠ favour of the creditor after the hearing of the caseŠ and not upon an acquiescence in the demand or anŠ agreement of settlement.ŠŠ The chief electoral officer may, if no nationalŠ committee objects, authorize the official agent of aŠ national committee to pay a contested claim if theŠ refusal or failure to pay results from bona fideŠ error.”ŠŠ446 Insert the words “or local agent” after the wordŠ “agent”.ŠŠ447 Replace the word “representative” and the wordsŠ “return of election expenses” by the word “agent” andŠ the words “returns of regulated expenses”,Š respectively.ŠŠ448 Replace the section by the following section:ŠŠ “448. The judge having jurisdiction to decide anŠ application under sections 443 to 446 is the chiefŠ judge of the Court of Québec.ŠŠ No application under the first paragraph may beŠ heard without a notice of at least three clear daysŠ to the chief electoral officer and to the chairmanŠ of each national committee.”ŠŠ485 Strike out the second, third and fourth paragraphs.ŠŠ486ŠŠ487 Replace the section by the following section:ŠŠ “487. In respect of the financing of nationalŠ committees and the control of regulated expenses, heŠ shall, in particular,ŠŠ (1) verify that the national committees, officialŠ agents and their deputies and local agents areŠ complying with the provisions of the Act;ŠŠ (2) receive and examine the return of regulatedŠ expenses;ŠŠ (3) inquire into the legality of contributions andŠ regulated expenses.”ŠŠ488 Replace the words “political parties” in paragraph 4Š by the words “national committees”.ŠŠ Replace, in paragraph 5, the words “political party”Š by the words “national committee”, the wordŠ “candidates” by the word “committees” and the wordŠ “parties” by the words “national committees”.ŠŠ488.1 Replace the word “election” in the first line and inŠ the last line by the word “referendum” and replaceŠ the words “this Act” by the words “the Referendum ActŠ (chapter C-64.1)”.ŠŠ489.1 Replace the words “authorized parties represented inŠ the National Assembly” by the words “nationalŠ committees” and strike out the words “, the filing ofŠ nomination papers”.ŠŠ490Š Replace the words “election period or during anŠ enumeration or revision period” in the firstŠ paragraph by the words “referendum period”.ŠŠ Replace the second paragraph by the followingŠ paragraph:ŠŠ “The chief electoral officer must, however, giveŠ notice of any decision he intends to make to theŠ national committees, the official delegates andŠ the electors concerned.”ŠŠ Strike out the words “or the end of the enumerationŠ or revision” in the third paragraph.ŠŠ491Š toŠ494ŠŠ496 Strike out the first paragraph.ŠŠ In the second paragraph, change in French; no changeŠ necessary in English.ŠŠ497ŠŠ498ŠŠ512ŠŠ551Š toŠ551.4ŠŠ553 Replace the word “candidate” in paragraph 3 by theŠ words “national committee”.ŠŠ553.1 Replace the word “election” in paragraph 1 by theŠ word “referendum”.ŠŠ554 Replace the word “election” in paragraph 2 by theŠ word “referendum”.ŠŠ Strike out the words “of election” in paragraph 3.ŠŠ555ŠŠ556 Strike out paragraph 4.ŠŠ557 Replace the word “election” by the word “referendum”.ŠŠ558 Replace the words “every candidate or every personŠ who later becomes a candidate” in subparagraph 1 ofŠ the first paragraph by the words “every officialŠ delegate”.ŠŠ Replace the words “a candidate” in subparagraph 2 ofŠ the first paragraph by the words “an option”.ŠŠ Replace the word “election” in subparagraph 1 ofŠ the second paragraph by the word “regulated”.ŠŠ Replace the words “the election of a candidate atŠ an election” in subparagraphs 1 and 2 of the secondŠ paragraph by the words “an option submitted at aŠ referendum”.ŠŠ559 Insert, after the word “agent”, the words “or anyŠ local agent”.ŠŠ Replace the word “election” in paragraph 1 by theŠ word “regulated”.ŠŠ560 Replace the words “candidate or party leader” by theŠ words “chairman or official delegate of a nationalŠ committee” and the word “election” by the wordŠ “regulated”.ŠŠ563 Replace the section by the following section:ŠŠ “563. Every person who fails to file a report orŠ return of regulated expenses is liable to a fine ofŠ $50 for each day of delay.”ŠŠ564 Replace the section by the following section:ŠŠ “564. Every person who contravenes any of sectionsŠ 66, 87, 88, 90 to 93, 95 to 97, 99, 100, 104, 410,Š 413 to 417, 421, 424 and 430 is guilty of an offenceŠ and is liable to a fine of not less than $100 and ofŠ not more than $10 000.”ŠŠ565ŠŠ566ŠŠ567 Strike out the following in the first paragraph: “,Š in paragraph 4 of section 556”.ŠŠ Replace the word “election” in the second paragraphŠ by the word “regulated” and insert after the wordŠ “agent” the words “or the local agent”.ŠŠ568 Strike out the second paragraph.ŠŠ569ŠŠ570 Replace the words “an election” in the firstŠ paragraph by the words “a referendum”.ŠŠ571Š toŠ573”.
APPENDIX 2
(Sections 44, 45)ŠŠPROVISIONS APPLICABLE TO THE HOLDING OF A REFERENDUMŠŠELECTION ACT (chapter E-3.3)ŠŠSECTIONS AMENDMENTSŠŠ 1 Replace the words “Referendum Act (chapterŠ C-64.1)” in subparagraph 5 of the firstŠ paragraph by the words “Election Act (chapterŠ E-3.3)”.ŠŠ 2ŠŠ 3 Replace the words “election period” in the thirdŠ paragraph by the words “referendum period”.ŠŠ 4ŠŠ 46 Replace the first paragraph by the followingŠ paragraph:ŠŠ “46. An official agent may resign by sending aŠ written notice to that effect to the chairman of theŠ national committee.”ŠŠ Replace the words “Within 30 days of resigning, theŠ official representative shall file with the party,Š the party authority or the independent candidate” inŠ the second paragraph by the words “Within 30 days ofŠ resigning, the official agent shall file with theŠ national committee”, and the words “financial report”Š by the words “return of regulated expenses”.ŠŠ Replace the words “an authorized entity no longer hasŠ an official representative, another officialŠ representative” in the third paragraph by the wordsŠ “a national committee no longer has an officialŠ agent, another official agent”.ŠŠ Replace the words “official representative or of aŠ delegate” in the fourth paragraph by the wordsŠ “official agent”.ŠŠ 60 Replace the section by the following section:ŠŠ “60. The official agent of a national committee isŠ authorized to solicit and collect contributions untilŠ polling day.ŠŠ After polling day, the official agent is authorizedŠ to solicit and collect contributions only for theŠ purpose of paying the debts arising from hisŠ regulated expenses and to dispose, in accordance withŠ the second paragraph of section 441, of the sums andŠ property derived from his referendum fund.”ŠŠ 66 Replace the section by the following section:ŠŠ “66. Where the chairman of a national committeeŠ resigns, he shall so notify the chief electoralŠ officer in writing without delay.”ŠŠ 87 Strike out the second paragraph.ŠŠ 88 Replace the first paragraph by the followingŠ paragraph:ŠŠ “88. Sums of money donated to a national committeeŠ and services rendered and goods furnished to it forŠ the purposes of promoting an option submitted to aŠ referendum are deemed to be contributions.”ŠŠ Strike out subparagraphs 2 and 3 of the secondŠ paragraph.ŠŠ Replace subparagraph 4 of the second paragraph byŠ the following subparagraph:ŠŠ “(4) a loan granted to a national committee at theŠ current market rate of interest at the time it isŠ granted by an authorized political party;”.ŠŠ Strike out subparagraphs 5 and 6 of the secondŠ paragraph.ŠŠ Replace subparagraph 7 of the second paragraph by theŠ following subparagraph:ŠŠ “(7) air time on the radio or television or space inŠ the newspaper, periodical or other printed matterŠ available free of charge to national committees byŠ any radio, television or cable broadcaster or anyŠ owner of a newspaper, periodical or other printedŠ matter, provided he offers such service equitably asŠ to quality and quantity to each national committee;”.ŠŠ Replace subparagraph 8 of the second paragraph byŠ the following subparagraph:ŠŠ “(8) transfers of funds between:ŠŠ (a) an authorized party and the referendum fund ofŠ a national committee;ŠŠ (b) the referendum fund of a national committee andŠ the referendum fund put at the disposal of a localŠ agent.”ŠŠ 90ŠŠ 91 Replace the first paragraph by the followingŠ paragraph:ŠŠ “91. The total of contributions to each nationalŠ committee by the same elector in the same referendumŠ shall not exceed the amount of $3 000.”ŠŠ Replace the words “an authorized entity” in theŠ second paragraph by the words “a national committee”.ŠŠ 92 Replace the first paragraph by the followingŠ paragraph:ŠŠ “92. Contributions shall not be solicited exceptŠ under the responsibility of the official agent of aŠ national committee, or except through personsŠ designated in writing by the official agent.”ŠŠ Replace the word “representative” in the secondŠ paragraph by the word “agent”.ŠŠ 93 Replace the words “representative of the authorizedŠ entity” by the words “agent of the nationalŠ committee”.ŠŠ 94 Replace the section by the following section:ŠŠ “94. The local agent has, for the electoral divisionŠ for which he is appointed, the powers conferred onŠ the official agent of the national committee byŠ sections 92, 93 and 96.”ŠŠ 95ŠŠ 96 Replace the word “representative” by the wordŠ “agent”.ŠŠ 97 Replace the words “authorized entity” by the wordsŠ “national committee”.ŠŠ 98 Replace the words “authorized entity” by the wordsŠ “national committee”.ŠŠ 99 Replace the words “authorized entity” by the wordsŠ “official agent”.ŠŠ100ŠŠ104 Replace the words “representative of an authorizedŠ entity” by the words “agent of a national committee”.ŠŠ105 Add, after the second paragraph, the followingŠ paragraph:ŠŠ “The principal of, and interest on, every loan mustŠ be paid before the return of the regulated expensesŠ is sent.”ŠŠ131ŠŠ132 Replace the words “party authority at the level ofŠ the electoral division” in the first paragraph by theŠ words “authority, at the level of the electoralŠ division, of an authorized party in the NationalŠ Assembly”.ŠŠ133 Replace the word “election” by the word “referendum”.ŠŠ134 Replace the words “political parties and independentŠ candidates” by the words “national committees”, andŠ the words “election expenses” by the wordsŠ “regulated expenses”.ŠŠ135 Replace the words “particulars that will be containedŠ in” in the fourth and fifth lines by the wordsŠ “question that will appear on”.ŠŠ136ŠŠ137 Replace the word “candidate” in the second paragraphŠ by the words “national committee”.ŠŠ Replace the word “election” in the third paragraphŠ by the word “referendum”.ŠŠ138Š toŠ144ŠŠ145 Replace the word “election” in the first paragraph byŠ the word “referendum”.ŠŠ146 Replace the section by the following section:ŠŠ “146. Not later than the twenty-seventh dayŠ preceding polling day, the returning officer shallŠ transmit to the national committees and to eachŠ official delegate the list of electors for theŠ electoral division, the list of electors entitledŠ to exercise their right to vote outside QuébecŠ for the division and the list of addresses forŠ which no electors’ names are entered.ŠŠ The lists shall be transmitted in computerized formŠ and in duplicate copies.ŠŠ For the purposes of this Act, “official delegate”Š means a person appointed as such by the chairman ofŠ a national committee to represent him in an electoralŠ division.”ŠŠ147 Replace the word “election” in the first paragraph byŠ the word “referendum”.ŠŠ Replace the word “parties” in the second paragraph byŠ the words “national committees”.ŠŠ179Š toŠ181ŠŠ182 Replace the section by the following section:ŠŠ “182. The returning officer shall inform the chiefŠ electoral officer, the national committees and eachŠ official delegate of the places selected.”ŠŠ183ŠŠ184 Replace the section by the following section:ŠŠ “184. The returning officer shall appoint twoŠ revisors not later than Wednesday of the fourthŠ week preceding that of the polling.ŠŠ The first revisor shall be appointed on theŠ recommendation of the official delegate of theŠ national committee which has the greatest number ofŠ Members of the National Assembly.ŠŠ The second revisor shall be appointed on theŠ recommendation of the official delegate of theŠ national committee which has the second greatestŠ number of Members of the National Assembly.”ŠŠ186 Strike out the first paragraph.ŠŠ187ŠŠ188 Replace the section by the following section:ŠŠ “188. The revisor recommended by the nationalŠ committee which has the greatest number ofŠ Members of the National Assembly shall act asŠ chairman of the board of revisors.ŠŠ The revisor recommended by the national committeeŠ which has the second greatest number of Members ofŠ the National Assembly shall act as vice-chairman.”ŠŠ189 Replace the section by the following section:ŠŠ “189. The returning officer shall post, in hisŠ office, the list of revisors appointed to each boardŠ of revisors and shall transmit it to the chiefŠ electoral officer, the national committees and eachŠ official delegate.”ŠŠ190Š toŠ213ŠŠ214 Replace the word “election” in the third paragraph byŠ the word “referendum”.ŠŠ215Š toŠ217ŠŠ218 Replace the word “candidate” in the first paragraphŠ by the words “official delegate”.ŠŠ227Š toŠ231.1ŠŠ231.2 Replace the word “candidate” in the second paragraphŠ by the words “official delegate”.ŠŠ231.3ŠŠ233 Replace the word “election” by the wordŠ “referendum”.ŠŠ248 Replace the first and second paragraphs by theŠ following paragraphs:ŠŠ “248. Every employer shall, upon written request,Š grant a leave without pay to an employee who acts asŠ the chairman of a national committee or as anŠ official delegate. The request may be made at anyŠ time from the date of the writ instituting theŠ holding of a referendum.ŠŠ The employee’s leave begins on the day requested byŠ the employee and ends on the thirtieth day followingŠ polling day.”ŠŠ249 Replace the first and second paragraphs by theŠ following paragraphs:ŠŠ “249. Every employer shall, upon written request,Š grant a leave without pay to an employee who acts asŠ the official agent of a national committee. TheŠ request may be made at any time from the date of theŠ writ instituting the holding of a referendum.ŠŠ The employee’s leave begins on the day requested byŠ the employee and ends on the ninetieth day followingŠ polling day.”ŠŠ250ŠŠ251 Replace the words “a candidate or” by the wordsŠ “the chairman of a national committee, an officialŠ delegate or an”.ŠŠ252Š toŠ255ŠŠ260 Replace the section by the following section:ŠŠ “260. Upon receipt of a copy of the writ, theŠ returning officer shall publish a notice of poll.ŠŠ The notice of poll shall set forthŠŠ (1) the text of the question put to the electors;ŠŠ (2) the days and hours of polling at advance pollingŠ stations;ŠŠ (3) the day and hours of polling at polling stations;ŠŠ (4) the name of every national committee and, forŠ each of them, the given name and surname of theŠ chairman and of the official agent, and, for theŠ division, the given name and surname of the officialŠ delegate and of the local agent.”ŠŠ261 Replace the words “candidate or his mandatary” by theŠ words “official delegate”.ŠŠ262 Replace the words “candidate and each party authorityŠ at the level of the electoral division” in the firstŠ paragraph by the words “official delegate”.ŠŠ263 Replace the figure “317” by the figures “310, 312 toŠ 317”.ŠŠ264Š toŠ269ŠŠ270 Replace the words “the candidates” by the words “eachŠ official delegate”.ŠŠ271 Replace the words “candidate or his mandatary; theŠ latter may attend and may affix their” in the thirdŠ paragraph by the words “official delegate; he mayŠ attend and may affix his”.ŠŠ272ŠŠ273 Replace the words “general election” in the firstŠ paragraph by the word “referendum”.ŠŠ Replace the words “of his domicile” in the thirdŠ paragraph by the words “where the house of detentionŠ is situated”.ŠŠ274 Replace the words “chief electoral officer” in theŠ third paragraph by the words “returning officer ofŠ the electoral division concerned”.ŠŠ Add, after the third paragraph, the followingŠ paragraph:ŠŠ “The returning officer shall ensure that the listŠ remains confidential.”ŠŠ275ŠŠ276 Replace the words “authorized party” by the wordsŠ “official delegate of a national committee”.ŠŠ278 Replace the section by the following section:ŠŠ “278. The returning officer referred to in sectionŠ 275 shall give the deputy returning officer a sealedŠ ballot box containing the ballot papers, the list ofŠ electors of the house of detention, the poll book andŠ the materials required for the poll. He shall alsoŠ give him directives on the work of the pollingŠ officers.”ŠŠ279ŠŠ280 Strike out the second paragraph.ŠŠ282 Replace the section by the following section:ŠŠ “282. The counting of the votes shall be effected inŠ accordance with section 272.”ŠŠ286Š toŠ289ŠŠ290 Replace the word “candidates” by the words “officialŠ delegates”.ŠŠ291Š toŠ293.4ŠŠ293.5 Replace the words “in the form prescribed by ScheduleŠ IV on which he shall indicate the name of theŠ elector’s electoral division, the necessary envelopesŠ and a list of the places where the elector mayŠ consult the list of candidates” by the words “onŠ which he shall indicate the name of the elector’sŠ electoral division, and the necessary envelopes”.ŠŠ296Š toŠ299ŠŠ300 Replace the section by the following section:ŠŠ “300. The counting of the votes of electors outsideŠ Québec shall be proceeded with in accordance withŠ section 272, adapted as required.ŠŠ However, the counting shall be proceeded with at theŠ place and time fixed by the chief electoral officer.ŠŠ The deputy returning officer shall, for eachŠ electoral division, draw up a statement of votes andŠ an abstract from such statement that he shall deliverŠ to the chief electoral officer or the personŠ designated by him, together with the ballot box.ŠŠ The chief electoral officer shall forthwithŠ communicate the results to each returning officerŠ concerned and transmit to him the abstract from theŠ statement of votes which concerns him.”ŠŠ302 Replace the word “candidate” in the fourth paragraphŠ by the words “official delegate”.ŠŠ303Š toŠ305ŠŠ306 Replace the words “an election” in the firstŠ paragraph by the words “a referendum”.ŠŠ307Š toŠ309ŠŠ310 Replace the section by the following section:ŠŠ “310. In every polling station, the returningŠ officer shall appoint, as deputy returning officer,Š the person recommended by the official delegate ofŠ the national committee which has the greatest numberŠ of Members in the National Assembly.ŠŠ He shall appoint, as poll clerk, the personŠ recommended by the official delegate of the nationalŠ committee which has the second greatest number ofŠ Members in the National Assembly.ŠŠ Where the two national committees have an equalŠ number of Members in the National Assembly, theŠ chief electoral officer shall determine, by a drawingŠ of lots, which committee is deemed to have theŠ greatest number of Members or, as the case may be,Š the second greatest number of Members in the NationalŠ Assembly.”ŠŠ312ŠŠ313 Replace the word “candidate” in the first paragraphŠ by the words “official delegate”.ŠŠ Replace the word “candidates” in the second paragraphŠ by the words “official delegates”.ŠŠ314ŠŠ315ŠŠ316 Replace the section by the following section:ŠŠ “316. The official delegate of each nationalŠ committee may designate a person and give him a powerŠ of attorney to represent the national committeeŠ before the deputy returning officer or the officer inŠ charge of information and order, or before each ofŠ them.”ŠŠ317 Replace the words “candidate or his mandatary” by theŠ words “official delegate”.ŠŠ318 Replace the words “A candidate” by the words “TheŠ official delegate of each national committee”.ŠŠ319 Replace the words “candidate or his mandatary” by theŠ words “official delegate”.ŠŠ320 Strike out the words “in accordance with the modelŠ provided in Schedule III and” in the first paragraph.ŠŠ321Š toŠ323ŠŠ324 Replace the section by the following section:ŠŠ “324. The ballot paper must contain on the obverseŠ a space specially reserved for the wording of theŠ question.”ŠŠ325Š toŠ327ŠŠ328 Replace the word “candidates” in the second paragraphŠ by the words “national committees”.ŠŠ329Š toŠ333ŠŠ334 Replace the words “candidates and their mandataries”Š by the words “chairmen of national committees andŠ their official delegates”.ŠŠ335Š toŠ341ŠŠ342 Replace the word “candidate” by the words “nationalŠ committee”.ŠŠ343Š toŠ347ŠŠ348 Replace the words “then indicate to him the order inŠ which the candidates appear on the ballot paper andŠ the indications entered under their names, where suchŠ is the case” by the words “read the question andŠ indicate to him the order in which the options appearŠ on the ballot paper”.ŠŠ349ŠŠ350 Replace the word “candidate” in the first paragraphŠ by the words “national committee”.ŠŠ Replace the word “election” in subparagraph 8 of theŠ first paragraph by the word “referendum”, the wordsŠ “a candidate” in subparagraph 4 of the firstŠ paragraph by the words “an option” and the wordŠ “election” in subparagraph 5 of the first paragraphŠ by the word “referendum”.ŠŠ351ŠŠ352 Strike out the word “political” in the firstŠ paragraph and replace the words “a party orŠ candidate” in the first paragraph by theŠ words “an option submitted to a referendum”.ŠŠ Replace the words “party or candidate promoted byŠ the publicity” in the second paragraph by the wordsŠ “national committee concerned”.ŠŠ353Š toŠ355ŠŠ356 Replace the section by the following section:ŠŠ “356. No elector may, on the premises of a pollingŠ station, indicate, in any manner, the option inŠ favour of which he intends to vote or has voted.”ŠŠ357 Replace the section by the following section:ŠŠ “357. No official delegate, representative orŠ election officer may, on the premises of a pollingŠ station, attempt to learn the option in favour ofŠ which an elector intends to vote or has voted.”ŠŠ358 Replace the section by the following section:ŠŠ “358. No official delegate, representative, electionŠ officer or elector who has given assistance toŠ another elector may disclose the option for whichŠ the elector has voted.”ŠŠ359 Replace the word “whom” by the words “which option”.ŠŠ360 Replace the word “candidate” by the words “officialŠ delegate”.ŠŠ361Š toŠ363ŠŠ364 Replace the word “candidate” in subparagraph 4 of theŠ second paragraph by the word “option” and the wordsŠ “a person who is not a candidate” in subparagraph 5Š of the second paragraph by the words “an option whichŠ is not one of the options submitted to theŠ referendum”.ŠŠ365ŠŠ366 Replace the words “a candidate or the representativeŠ of a candidate” by the words “an official delegate orŠ his representative”.ŠŠ367 Replace the word “candidate” in the first paragraphŠ by the word “option”.ŠŠ368 Replace the word “candidate” by the words “officialŠ delegate”.ŠŠ369ŠŠ370ŠŠ371 Replace the words “candidate or his mandatary” in theŠ first paragraph by the words “official delegate”.ŠŠ Replace the words “candidate, mandatary” in theŠ second paragraph by the words “official delegate”.ŠŠ372 Replace the word “candidate” in the first paragraphŠ by the word “option”.ŠŠ Replace the figure “285” in the second paragraph byŠ the figure “300”.ŠŠ373ŠŠ374ŠŠ375 Replace the words “declare elected the candidate who”Š in the first paragraph by the words “announce theŠ option which”.ŠŠ377 Replace the words “declare elected the candidate who”Š and the word “candidate” in the first paragraph byŠ the words “issue a declaration indicating the optionŠ which” and the words “official delegate”,Š respectively.ŠŠ378 Replace the word “election” in the first paragraph byŠ the word “referendum”.ŠŠ379 Replace the word “election” by the word “referendum”.ŠŠ380 Replace the section by the following section:ŠŠ “380. The chief electoral officer shall, as soon asŠ possible, publish a notice in the Gazette officielleŠ du Québec indicating, for each electoral division,Š the number of votes for each of the optionsŠ appearing on the ballot paper.”ŠŠ381 Replace the word “election” which appears twice inŠ the first paragraph by the word “referendum”.ŠŠ402 Replace the section by the following section:ŠŠ “402. The cost of any goods or services used duringŠ the referendum period to promote or oppose, directlyŠ or indirectly, an option submitted to a referendum isŠ a regulated expense.”ŠŠ403 Replace the words “election period” by the wordsŠ “referendum period”.ŠŠ Replace the words “election expenses” by the wordsŠ “regulated expenses”.ŠŠ404 Replace the section by the following section:ŠŠ “404. The following are not regulated expenses:ŠŠ (1) the cost of publishing articles, editorials,Š news, interviews, columns or letters to the editor inŠ a newspaper, periodical or other publication,Š provided that they are published without payment,Š reward or promise of payment or reward, that theŠ newspaper, periodical or other publication is notŠ established for the purposes or in view of theŠ referendum and that the circulation and frequency ofŠ publication are as what obtains outside theŠ referendum period;ŠŠ (2) the cost at fair market value of producing,Š promoting and distributing a book that was planned toŠ be put on sale at the prevailing market priceŠ regardless of the issue of the writ;ŠŠ (3) the cost of broadcasting by a radio or televisionŠ station of a program of public affairs, news orŠ commentary, provided that the program is broadcastŠ without payment, reward or promise of payment orŠ reward;ŠŠ (4) the reasonable expenses incurred by a person, outŠ of his own money, for meals and lodging whileŠ travelling for referendum purposes, if the expensesŠ are not reimbursed to him;ŠŠ (5) the transportation costs of a person, paid out ofŠ his own money, if the costs are not reimbursed toŠ him;ŠŠ (6) the reasonable expenses incurred for theŠ publication of explanatory commentaries on this ActŠ and the regulations thereunder, provided theŠ commentaries are strictly objective and contain noŠ publicity of such a nature as to favour or oppose anŠ option submitted to a referendum;ŠŠ (7) the reasonable ordinary expenses incurred for theŠ day-to-day operations of not more than two permanentŠ offices of an authorized party the addresses of whichŠ are entered in the registers of the chief electoralŠ officer;ŠŠ (8) interest accrued from the beginning of theŠ referendum period to the day occurring 90 days afterŠ polling day, on any loan lawfully granted to anŠ official agent for regulated expenses, unless theŠ official agent has declared them as regulatedŠ expenses in his return of regulated expenses;ŠŠ (9) the costs of holding a meeting, which must notŠ exceed $600, including the cost of renting a hall andŠ of convening the participants, provided the meetingŠ is not directly or indirectly organized on behalf ofŠ a national committee.ŠŠ For the purposes of subparagraph 7 of the firstŠ paragraph, the permanent office of an authorizedŠ party is the office where the employees of the partyŠ or of a body associated with it for the purpose ofŠ attaining its objects and recognized by the leader ofŠ the party for such a purpose by a letter addressed toŠ the chief electoral officer before the seventh dayŠ following the issue of the writ, work on a permanentŠ basis, outside the referendum period, at ensuring theŠ dissemination of the party’s political program andŠ coordinating the political action of the partyŠ members.”ŠŠ405 Replace the words “election expenses, an authorizedŠ party” in the first paragraph by the words “regulatedŠ expenses, a national committee”.ŠŠ Replace the second paragraph by the followingŠ paragraph:ŠŠ “The official agent shall be appointed by theŠ chairman of the national committee who shall notifyŠ it to the chief electoral officer.”ŠŠ Replace the words “leader of the party” in the thirdŠ paragraph by the words “chairman of the nationalŠ committee”.ŠŠ Replace the words “a party” in the fourth paragraphŠ by the words “a national committee”.ŠŠ406 Replace the section by the following section:ŠŠ “406. Only one official agent is appointed for eachŠ national committee.ŠŠ However, the official agent may, with the approval ofŠ the chairman of the national committee, appoint theŠ required number of deputies and, for each electoralŠ division, a local agent. He shall notify the chiefŠ electoral officer and the returning officer thereofŠ in writing.ŠŠ The official agent may authorize them to incur orŠ authorize regulated expenses up to the amount heŠ fixes in their deeds of appointment. The amount mayŠ be changed at any time, in writing, by the officialŠ agent before he files his return of regulatedŠ expenses.ŠŠ Any regulated expense incurred by the deputy of theŠ official agent or by a local agent is deemed to beŠ incurred by the official agent up to the amount fixedŠ in the deed of appointment.ŠŠ The deputy and the local agent shall provide theŠ official agent of the national committee with aŠ detailed statement of expenses incurred or authorizedŠ by them.”ŠŠ407 Replace the first paragraph by the followingŠ paragraph:ŠŠ “407. An official agent or local agent may, inŠ writing, authorize an advertising agency to incur orŠ order regulated expenses up to the amount he fixesŠ in the authorization. That amount may be changed, byŠ the official agent or the local agent, as the caseŠ may be, in writing, at any time before he files hisŠ return of regulated expenses.”ŠŠ Insert the words “or the local agent, as the case mayŠ be” after the word “agent” in the second paragraph.ŠŠ410 Replace the section by the following section:ŠŠ “410. If the official agent dismisses a local agent,Š he shall notify it in writing to the returningŠ officer. He may appoint another local agent.”ŠŠ411 Replace the words “an official agent” in the firstŠ paragraph by the words “a local agent”.ŠŠ Replace the words “an official agent” and the wordsŠ “candidate or his mandatary” in the second paragraphŠ by the words “a local agent” and the words “officialŠ delegate”, respectively.ŠŠ412 Replace the section by the following section:ŠŠ “412. No person may act as the official agent of aŠ national committee, his deputy or a local agentŠ unless he is qualified to vote.”ŠŠ413 Replace the section by the following section:ŠŠ “413. During a referendum period, only the officialŠ agent of a national committee, his deputy or a localŠ agent may incur or authorize regulated expenses.”ŠŠ414 Replace the section by the following section:ŠŠ “414. An official agent, his deputy or a localŠ agent shall pay the cost of regulated expenses onlyŠ out of a referendum fund.”ŠŠ415 Replace the section by the following section:ŠŠ “415. No goods or services whose cost is wholly orŠ partly a regulated expense contemplated in sectionŠ 403 may be used during a referendum period except byŠ the official agent of a national committee, hisŠ deputy or a local agent, or with his authorization.”ŠŠ416 Replace the section by the following section:ŠŠ “416. No person may accept or execute an order forŠ regulated expenses not given or authorized by theŠ official agent of a national committee, his deputy,Š a local agent or authorized advertising agency.”ŠŠ417 Replace the words “election expense” and “electionŠ period” in the first paragraph by the wordsŠ “regulated expense” and “referendum period”,Š respectively.ŠŠ421 Replace the words “an election” in the firstŠ paragraph by the words “a referendum”.ŠŠ Replace the words “or deputy” in the first, secondŠ and third paragraphs by the words “, deputy or localŠ agent”.ŠŠ422 Replace the words “the official agents of severalŠ candidates”, the word “official”, and the wordŠ “party” by the words “several local agents”, the wordŠ “local” and the words “national committee”,Š respectively.ŠŠ424 Replace the word “election” in the first paragraph byŠ the word “regulated”.ŠŠ425 Replace the first and second paragraphs by theŠ following paragraphs:ŠŠ “425. Every person to whom an amount is due forŠ regulated expenses shall present his claim to theŠ official agent or the local agent not later thanŠ sixty days after polling day. In no case may theŠ regulated expenses be paid by the official agent orŠ the local agent if the claim is presented to himŠ after that period has expired.ŠŠ Where the official agent or local agent has died orŠ resigned and has not been replaced, the claim shallŠ be presented within the same time to the chairman ofŠ the national committee or to the official agent, asŠ the case may be.”ŠŠ426 Replace the section by the following section:ŠŠ “426. Regulated expenses shall be limited so asŠ never to exceed for a national committee, during oneŠ referendum, $1 per elector for all the electoralŠ divisions.”ŠŠ427 Replace the section by the following section:ŠŠ “427. For the purposes of section 426, the number ofŠ electors is the greater of the number of electorsŠ whose names are entered on the list of electorsŠ produced upon the issue of a writ instituting aŠ referendum and the number of electors whose namesŠ are entered on the list following revision.ŠŠ The number is established by the chief electoralŠ officer who shall draw up a certificate thereof andŠ send a copy of the certificate to the chairman andŠ the official agent of each national committee.”ŠŠ429 Replace the word “election” in the first paragraph byŠ the word “referendum”.ŠŠ Strike out the second paragraph.ŠŠ429.1 Replace the word “election” by the wordŠ “referendum”.ŠŠ430ŠŠ431ŠŠ434 Replace the first paragraph by the followingŠ paragraph:ŠŠ “434. The official agent of each national committeeŠ and, through him, each local agent he has appointedŠ shall, within 90 days after polling day, deliver toŠ the chief electoral officer a return of the regulatedŠ expenses incurred or authorized by them.”ŠŠ Insert, after the second paragraph, the followingŠ paragraph:ŠŠ “The return must, in addition, indicate the name, theŠ complete address of the domicile of, and the amountŠ paid by, each elector whose total contribution to aŠ national committee exceeds $200.”ŠŠ435 Replace the word “election” and the words and figureŠ “sections 432 and” by the word “regulated” and theŠ word “section”, respectively.ŠŠ436 Replace the words “sections 432 and” in the firstŠ paragraph by the word “section”.ŠŠ Replace the words “leader of the party or to theŠ candidates if they so request” in the secondŠ paragraph by the words “chairman of the nationalŠ committee if he so requests”.ŠŠ437 Replace the section by the following section:ŠŠ “437. In addition to regulated expenses, theŠ official agent and the local agent must indicate inŠ the returns prescribed in section 434 the source ofŠ the sums paid into the referendum fund put at theirŠ disposal.ŠŠ They must also indicateŠŠ (1) the financial institutions with which the sumsŠ collected by the national committee have beenŠ deposited and the account numbers used;ŠŠ (2) the total amount of contributions of $200 orŠ less;ŠŠ (3) the total amount of contributions of over $200;ŠŠ (4) the total of the amounts transferred or loaned byŠ the official representative of an authorized party.”ŠŠ438 Replace the words and figure “sections 432 and” inŠ the first paragraph by the word “section”.ŠŠ Replace the word “election” in the second paragraphŠ by the word “referendum”.ŠŠ439ŠŠ440 Replace the second paragraph by the followingŠ paragraph:ŠŠ “If the claim is not contested by the official agent,Š he shall forward to the chief electoral officer theŠ necessary additional sum, out of his referendum fund,Š to enable him to discharge the claim.”ŠŠ441 Replace the section by the following section:ŠŠ “441. On filing the return prescribed by sectionŠ 434, the official agent of a national committee shallŠ keep the remaining sums or goods in his referendumŠ fund.ŠŠ The sums and goods may be used only for political,Š religious, scientific or charitable purposes.”ŠŠ443 Replace the words “a candidate or party leader” inŠ the second paragraph by the words “the chairman orŠ official agent of the national committee”.ŠŠ444 Replace the words “a candidate or party leader” byŠ the words “the chairman or official agent of aŠ national committee”.ŠŠ Strike out the figure and word “432 or”.ŠŠ445 Replace the section by the following section:ŠŠ “445. Before filing the return and declarationŠ prescribed in section 434, an official agent and aŠ local agent must have discharged all the claimsŠ received within the period prescribed in section 425Š unless they contest them and indicate them asŠ contested.ŠŠ In no case may the official agent, the local agent orŠ the national committee pay a claim so contested.Š Only the official agent may pay the claim inŠ execution of a judgment of a competent tribunal inŠ favour of the creditor after the hearing of the caseŠ and not upon an acquiescence in the demand or anŠ agreement of settlement.ŠŠ The chief electoral officer may, if no nationalŠ committee objects, authorize the official agent of aŠ national committee to pay a contested claim if theŠ refusal or failure to pay results from bona fideŠ error.”ŠŠ446 Insert the words “or local agent” after the wordŠ “agent”.ŠŠ447 Replace the word “representative” and the wordsŠ “return of election expenses” by the word “agent” andŠ the words “returns of regulated expenses”,Š respectively.ŠŠ448 Replace the section by the following section:ŠŠ “448. The judge having jurisdiction to decide anŠ application under sections 443 to 446 is the chiefŠ judge of the Court of Québec.ŠŠ No application under the first paragraph may beŠ heard without a notice of at least three clear daysŠ to the chief electoral officer and to the chairmanŠ of each national committee.”ŠŠ485 Strike out the second, third and fourth paragraphs.ŠŠ486ŠŠ487 Replace the section by the following section:ŠŠ “487. In respect of the financing of nationalŠ committees and the control of regulated expenses, heŠ shall, in particular,ŠŠ (1) verify that the national committees, officialŠ agents and their deputies and local agents areŠ complying with the provisions of the Act;ŠŠ (2) receive and examine the return of regulatedŠ expenses;ŠŠ (3) inquire into the legality of contributions andŠ regulated expenses.”ŠŠ488 Replace the words “political parties” in paragraph 4Š by the words “national committees”.ŠŠ Replace, in paragraph 5, the words “political party”Š by the words “national committee”, the wordŠ “candidates” by the word “committees” and the wordŠ “parties” by the words “national committees”.ŠŠ488.1 Replace the word “election” in the first line and inŠ the last line by the word “referendum” and replaceŠ the words “this Act” by the words “the Referendum ActŠ (chapter C-64.1)”.ŠŠ489.1 Replace the words “authorized parties represented inŠ the National Assembly” by the words “nationalŠ committees” and strike out the words “, the filing ofŠ nomination papers”.ŠŠ490Š Replace the words “election period or during anŠ enumeration or revision period” in the firstŠ paragraph by the words “referendum period”.ŠŠ Replace the second paragraph by the followingŠ paragraph:ŠŠ “The chief electoral officer must, however, giveŠ notice of any decision he intends to make to theŠ national committees, the official delegates andŠ the electors concerned.”ŠŠ Strike out the words “or the end of the enumerationŠ or revision” in the third paragraph.ŠŠ491Š toŠ494ŠŠ496 Strike out the first paragraph.ŠŠ In the second paragraph, change in French; no changeŠ necessary in English.ŠŠ497ŠŠ498ŠŠ512ŠŠ551Š toŠ551.4ŠŠ553 Replace the word “candidate” in paragraph 3 by theŠ words “national committee”.ŠŠ553.1 Replace the word “election” in paragraph 1 by theŠ word “referendum”.ŠŠ554 Replace the word “election” in paragraph 2 by theŠ word “referendum”.ŠŠ Strike out the words “of election” in paragraph 3.ŠŠ555ŠŠ556 Strike out paragraph 4.ŠŠ557 Replace the word “election” by the word “referendum”.ŠŠ558 Replace the words “every candidate or every personŠ who later becomes a candidate” in subparagraph 1 ofŠ the first paragraph by the words “every officialŠ delegate”.ŠŠ Replace the words “a candidate” in subparagraph 2 ofŠ the first paragraph by the words “an option”.ŠŠ Replace the word “election” in subparagraph 1 ofŠ the second paragraph by the word “regulated”.ŠŠ Replace the words “the election of a candidate atŠ an election” in subparagraphs 1 and 2 of the secondŠ paragraph by the words “an option submitted at aŠ referendum”.ŠŠ559 Insert, after the word “agent”, the words “or anyŠ local agent”.ŠŠ Replace the word “election” in paragraph 1 by theŠ word “regulated”.ŠŠ560 Replace the words “candidate or party leader” by theŠ words “chairman or official delegate of a nationalŠ committee” and the word “election” by the wordŠ “regulated”.ŠŠ563 Replace the section by the following section:ŠŠ “563. Every person who fails to file a report orŠ return of regulated expenses is liable to a fine ofŠ $50 for each day of delay.”ŠŠ564 Replace the section by the following section:ŠŠ “564. Every person who contravenes any of sectionsŠ 66, 87, 88, 90 to 93, 95 to 97, 99, 100, 104, 410,Š 413 to 417, 421, 424 and 430 is guilty of an offenceŠ and is liable to a fine of not less than $100 and ofŠ not more than $10 000.”ŠŠ565ŠŠ566ŠŠ567 Strike out the following in the first paragraph: “,Š in paragraph 4 of section 556”.ŠŠ Replace the word “election” in the second paragraphŠ by the word “regulated” and insert after the wordŠ “agent” the words “or the local agent”.ŠŠ568 Strike out the second paragraph.ŠŠ569ŠŠ---------------------------------------------------------------ŠNOT IN FORCEŠ570 Replace the words “an election” in the firstŠ paragraph by the words “a referendum”.Š===============================================================ŠŠ571Š toŠ573”.
APPENDIX 2
(Sections 44, 45)ŠŠPROVISIONS APPLICABLE TO THE HOLDING OF A REFERENDUMŠŠELECTION ACT (chapter E-3.3)ŠŠSECTIONS AMENDMENTSŠŠ 1ŠŠ 2ŠŠ 3 Replace the words “election period” in the thirdŠ paragraph by the words “referendum period”.ŠŠ 4ŠŠ 46 Replace the first paragraph by the followingŠ paragraph:ŠŠ “46. An official agent may resign by sending aŠ written notice to that effect to the chairman of theŠ national committee.”ŠŠ Replace the words “Within 30 days of resigning, theŠ official representative shall file with the party,Š the party authority or the independent candidate” inŠ the second paragraph by the words “Within 30 days ofŠ resigning, the official agent shall file with theŠ national committee”, and the words “financial report”Š by the words “return of regulated expenses”.ŠŠ Replace the words “an authorized entity no longer hasŠ an official representative, another officialŠ representative” in the third paragraph by the wordsŠ “a national committee no longer has an officialŠ agent, another official agent”.ŠŠ Replace the words “official representative or of aŠ delegate” in the fourth paragraph by the wordsŠ “official agent”.ŠŠ 60 Replace the section by the following section:ŠŠ “60. The official agent of a national committee isŠ authorized to solicit and collect contributions untilŠ polling day.ŠŠ After polling day, the official agent is authorizedŠ to solicit and collect contributions only for theŠ purpose of paying the debts arising from hisŠ regulated expenses and to dispose, in accordance withŠ the second paragraph of section 441, of the sums andŠ property derived from his referendum fund.”ŠŠ 66 Replace the section by the following section:ŠŠ “66. Where the chairman of a national committeeŠ resigns, he shall so notify the chief electoralŠ officer in writing without delay.”ŠŠ 87 Strike out the second paragraph.ŠŠ 88 Replace the first paragraph by the followingŠ paragraph:ŠŠ “88. Sums of money donated to a national committeeŠ and services rendered and goods furnished to it forŠ the purposes of promoting an option submitted to aŠ referendum are deemed to be contributions.”ŠŠ Strike out subparagraphs 2 and 3 of the secondŠ paragraph.ŠŠ Replace subparagraph 4 of the second paragraph byŠ the following subparagraph:ŠŠ “(4) a loan granted to a national committee at theŠ current market rate of interest at the time it isŠ granted by an authorized political party;”.ŠŠ Strike out subparagraphs 5 and 6 of the secondŠ paragraph.ŠŠ Replace subparagraph 7 of the second paragraph by theŠ following subparagraph:ŠŠ “(7) air time on the radio or television or space inŠ the newspaper, periodical or other printed matterŠ available free of charge to national committees byŠ any radio, television or cable broadcaster or anyŠ owner of a newspaper, periodical or other printedŠ matter, provided he offers such service equitably asŠ to quality and quantity to each national committee;”.ŠŠ Replace subparagraph 8 of the second paragraph byŠ the following subparagraph:ŠŠ “(8) transfers of funds between:ŠŠ (a) an authorized party and the referendum fund ofŠ a national committee;ŠŠ (b) the referendum fund of a national committee andŠ the referendum fund put at the disposal of a localŠ agent.”ŠŠ 90ŠŠ 91 Replace the first paragraph by the followingŠ paragraph:ŠŠ “91. The total of contributions to each nationalŠ committee by the same elector in the same referendumŠ shall not exceed the amount of $3 000.”ŠŠ Replace the words “an authorized entity” in theŠ second paragraph by the words “a national committee”.ŠŠ 92 Replace the first paragraph by the followingŠ paragraph:ŠŠ “92. Contributions shall not be solicited exceptŠ under the responsibility of the official agent of aŠ national committee, or except through personsŠ designated in writing by the official agent.”ŠŠ Replace the word “representative” in the secondŠ paragraph by the word “agent”.ŠŠ 93 Replace the words “representative of the authorizedŠ entity” by the words “agent of the nationalŠ committee”.ŠŠ 94 Replace the section by the following section:ŠŠ “94. The local agent has, for the electoral divisionŠ for which he is appointed, the powers conferred onŠ the official agent of the national committee byŠ sections 92, 93 and 96.”ŠŠ 95ŠŠ 96 Replace the word “representative” by the wordŠ “agent”.ŠŠ 97 Replace the words “authorized entity” by the wordsŠ “national committee”.ŠŠ 98 Replace the words “authorized entity” by the wordsŠ “national committee”.ŠŠ 99 Replace the words “authorized entity” by the wordsŠ “official agent”.ŠŠ100ŠŠ104 Replace the words “representative of an authorizedŠ entity” by the words “agent of a national committee”.ŠŠ105 Add, after the second paragraph, the followingŠ paragraph:ŠŠ “The principal of, and interest on, every loan mustŠ be paid before the return of the regulated expensesŠ is sent.”ŠŠ131ŠŠ132 Replace the words “party authority at the level ofŠ the electoral division” in the first paragraph by theŠ words “authority, at the level of the electoralŠ division, of an authorized party in the NationalŠ Assembly”.ŠŠ133 Replace the word “election” by the word “referendum”.ŠŠ134 Replace the words “political parties and independentŠ candidates” by the words “national committees”, andŠ the words “election expenses” by the wordsŠ “regulated expenses”.ŠŠ135 Replace the words “particulars that will be containedŠ in” in the fourth and fifth lines by the wordsŠ “question that will appear on”.ŠŠ136ŠŠ137 Replace the word “candidate” in the second paragraphŠ by the words “national committee”.ŠŠ Replace the word “election” in the third paragraphŠ by the word “referendum”.ŠŠ138Š toŠ144ŠŠ145 Replace the word “election” in the first paragraph byŠ the word “referendum”.ŠŠ146 Replace the section by the following section:ŠŠ “146. Not later than the twenty-seventh dayŠ preceding polling day, the returning officer shallŠ transmit the list of electors for his division toŠ the national committees and to each officialŠ delegate.ŠŠ The list shall be transmitted in computerized form orŠ in duplicate copies, as specified to the returningŠ officer.ŠŠ For the purposes of this Act, “official delegate”Š means a person appointed as such by the chairman ofŠ a national committee to represent him in an electoralŠ division.”ŠŠ147 Replace the word “election” in the first paragraph byŠ the word “referendum”.ŠŠ Replace the word “parties” in the second paragraph byŠ the words “national committees”.ŠŠ179Š toŠ181ŠŠ182 Replace the section by the following section:ŠŠ “182. The returning officer shall inform the chiefŠ electoral officer, the national committees and eachŠ official delegate of the places selected.”ŠŠ183ŠŠ184 Replace the section by the following section:ŠŠ “184. The returning officer shall appoint twoŠ revisors not later than Wednesday of the fourthŠ week preceding that of the polling.ŠŠ The first revisor shall be appointed on theŠ recommendation of the official delegate of theŠ national committee which has the greatest number ofŠ Members of the National Assembly.ŠŠ The second revisor shall be appointed on theŠ recommendation of the official delegate of theŠ national committee which has the second greatestŠ number of Members of the National Assembly.”ŠŠ186 Strike out the first paragraph.ŠŠ187ŠŠ188 Replace the section by the following section:ŠŠ “188. The revisor recommended by the nationalŠ committee which has the greatest number ofŠ Members of the National Assembly shall act asŠ chairman of the board of revisors.ŠŠ The revisor recommended by the national committeeŠ which has the second greatest number of Members ofŠ the National Assembly shall act as vice-chairman.”ŠŠ189 Replace the section by the following section:ŠŠ “189. The returning officer shall post, in hisŠ office, the list of revisors appointed to each boardŠ of revisors and shall transmit it to the chiefŠ electoral officer, the national committees and eachŠ official delegate.”ŠŠ190Š toŠ213ŠŠ214 Replace the word “election” in the third paragraph byŠ the word “referendum”.ŠŠ215Š toŠ217ŠŠ218 Replace the word “candidate” in the first paragraphŠ by the words “official delegate”.ŠŠ227Š toŠ231.1ŠŠ231.2 Replace the word “candidate” in the second paragraphŠ by the words “official delegate”.ŠŠ231.3ŠŠ233 Replace the word “election” by the wordŠ “referendum”.ŠŠ248 Replace the first and second paragraphs by theŠ following paragraphs:ŠŠ “248. Every employer shall, upon written request,Š grant a leave without pay to an employee who acts asŠ the chairman of a national committee or as anŠ official delegate. The request may be made at anyŠ time from the date of the writ instituting theŠ holding of a referendum.ŠŠ The employee’s leave begins on the day requested byŠ the employee and ends on the thirtieth day followingŠ polling day.”ŠŠ249 Replace the first and second paragraphs by theŠ following paragraphs:ŠŠ “249. Every employer shall, upon written request,Š grant a leave without pay to an employee who acts asŠ the official agent of a national committee. TheŠ request may be made at any time from the date of theŠ writ instituting the holding of a referendum.ŠŠ The employee’s leave begins on the day requested byŠ the employee and ends on the ninetieth day followingŠ polling day.”ŠŠ250ŠŠ251 Replace the words “a candidate or” by the wordsŠ “the chairman of a national committee, an officialŠ delegate or an”.ŠŠ252Š toŠ255ŠŠ260 Replace the section by the following section:ŠŠ “260. Upon receipt of a copy of the writ, theŠ returning officer shall publish a notice of poll.ŠŠ The notice of poll shall set forthŠŠ (1) the text of the question put to the electors;ŠŠ (2) the days and hours of polling at advance pollingŠ stations;ŠŠ (3) the day and hours of polling at polling stations;ŠŠ (4) the name of every national committee and, forŠ each of them, the given name and surname of theŠ chairman and of the official agent, and, for theŠ division, the given name and surname of the officialŠ delegate and of the local agent.”ŠŠ261 Replace the words “candidate or his mandatary” by theŠ words “official delegate”.ŠŠ262 Replace the words “candidate and each party authorityŠ at the level of the electoral division” in the firstŠ paragraph by the words “official delegate”.ŠŠ263 Replace the figure “317” by the figures “310, 312 toŠ 317”.ŠŠ264Š toŠ269ŠŠ270 Replace the words “the candidates” by the words “eachŠ official delegate”.ŠŠ271 Replace the words “candidate or his mandatary; theŠ latter may attend and may affix their” in the thirdŠ paragraph by the words “official delegate; he mayŠ attend and may affix his”.ŠŠ272ŠŠ273 Replace the words “general election” in the firstŠ paragraph by the word “referendum”.ŠŠ Replace the words “of his domicile” in the thirdŠ paragraph by the words “where the house of detentionŠ is situated”.ŠŠ274 Replace the words “chief electoral officer” in theŠ third paragraph by the words “returning officer ofŠ the electoral division concerned”.ŠŠ Add, after the third paragraph, the followingŠ paragraph:ŠŠ “The returning officer shall ensure that the listŠ remains confidential.”ŠŠ275ŠŠ276 Replace the words “authorized party” by the wordsŠ “official delegate of a national committee”.ŠŠ278 Replace the section by the following section:ŠŠ “278. The returning officer referred to in sectionŠ 275 shall give the deputy returning officer a sealedŠ ballot box containing the ballot papers, the list ofŠ electors of the house of detention, the poll book andŠ the materials required for the poll. He shall alsoŠ give him directives on the work of the pollingŠ officers.”ŠŠ279ŠŠ280 Strike out the second paragraph.ŠŠ282 Replace the section by the following section:ŠŠ “282. The counting of the votes shall be effected inŠ accordance with section 272.”ŠŠ286Š toŠ289ŠŠ290 Replace the word “candidates” by the words “officialŠ delegates”.ŠŠ291Š toŠ293.4ŠŠ293.5 Replace the words “in the form prescribed by ScheduleŠ IV on which he shall indicate the name of theŠ elector’s electoral division, the necessary envelopesŠ and a list of the places where the elector mayŠ consult the list of candidates” by the words “onŠ which he shall indicate the name of the elector’sŠ electoral division, and the necessary envelopes”.ŠŠ296Š toŠ299ŠŠ300 Replace the section by the following section:ŠŠ “300. The counting of the votes of electors outsideŠ Québec shall be proceeded with in accordance withŠ section 272, adapted as required.ŠŠ However, the counting shall be proceeded with at theŠ place and time fixed by the chief electoral officer.ŠŠ The deputy returning officer shall, for eachŠ electoral division, draw up a statement of votes andŠ an abstract from such statement that he shall deliverŠ to the chief electoral officer or the personŠ designated by him, together with the ballot box.ŠŠ The chief electoral officer shall forthwithŠ communicate the results to each returning officerŠ concerned and transmit to him the abstract from theŠ statement of votes which concerns him.”ŠŠ302 Replace the word “candidate” in the fourth paragraphŠ by the words “official delegate”.ŠŠ303Š toŠ305ŠŠ306 Replace the words “an election” in the firstŠ paragraph by the words “a referendum”.ŠŠ307Š toŠ309ŠŠ310 Replace the section by the following section:ŠŠ “310. In every polling station, the returningŠ officer shall appoint, as deputy returning officer,Š the person recommended by the official delegate ofŠ the national committee which has the greatest numberŠ of Members in the National Assembly.ŠŠ He shall appoint, as poll clerk, the personŠ recommended by the official delegate of the nationalŠ committee which has the second greatest number ofŠ Members in the National Assembly.ŠŠ Where the two national committees have an equalŠ number of Members in the National Assembly, theŠ chief electoral officer shall determine, by a drawingŠ of lots, which committee is deemed to have theŠ greatest number of Members or, as the case may be,Š the second greatest number of Members in the NationalŠ Assembly.”ŠŠ312ŠŠ313 Replace the word “candidate” in the first paragraphŠ by the words “official delegate”.ŠŠ Replace the word “candidates” in the second paragraphŠ by the words “official delegates”.ŠŠ314ŠŠ315ŠŠ316 Replace the section by the following section:ŠŠ “316. The official delegate of each nationalŠ committee may designate a person and give him a powerŠ of attorney to represent the national committeeŠ before the deputy returning officer or the officer inŠ charge of information and order, or before each ofŠ them.”ŠŠ317 Replace the words “candidate or his mandatary” by theŠ words “official delegate”.ŠŠ318 Replace the words “A candidate” by the words “TheŠ official delegate of each national committee”.ŠŠ319 Replace the words “candidate or his mandatary” by theŠ words “official delegate”.ŠŠ320 Strike out the words “in accordance with the modelŠ provided in Schedule III and” in the first paragraph.ŠŠ321Š toŠ323ŠŠ324 Replace the section by the following section:ŠŠ “324. The ballot paper must contain on the obverseŠ a space specially reserved for the wording of theŠ question.”ŠŠ325Š toŠ327ŠŠ328 Replace the word “candidates” in the second paragraphŠ by the words “national committees”.ŠŠ329Š toŠ333ŠŠ334 Replace the words “candidates and their mandataries”Š by the words “chairmen of national committees andŠ their official delegates”.ŠŠ335Š toŠ341ŠŠ342 Replace the word “candidate” by the words “nationalŠ committee”.ŠŠ343Š toŠ347ŠŠ348 Replace the words “then indicate to him the order inŠ which the candidates appear on the ballot paper andŠ the indications entered under their names, where suchŠ is the case” by the words “read the question andŠ indicate to him the order in which the options appearŠ on the ballot paper”.ŠŠ349ŠŠ350 Replace the word “candidate” in the first paragraphŠ by the words “national committee”.ŠŠ Replace the word “election” in subparagraph 8 of theŠ first paragraph by the word “referendum”, the wordsŠ “a candidate” in subparagraph 4 of the firstŠ paragraph by the words “an option” and the wordŠ “election” in subparagraph 5 of the first paragraphŠ by the word “referendum”.ŠŠ351ŠŠ352 Strike out the word “political” in the firstŠ paragraph and replace the words “a party orŠ candidate” in the first paragraph by theŠ words “an option submitted to a referendum”.ŠŠ Replace the words “party or candidate promoted byŠ the publicity” in the second paragraph by the wordsŠ “national committee concerned”.ŠŠ353Š toŠ355ŠŠ356 Replace the section by the following section:ŠŠ “356. No elector may, on the premises of a pollingŠ station, indicate, in any manner, the option inŠ favour of which he intends to vote or has voted.”ŠŠ357 Replace the section by the following section:ŠŠ “357. No official delegate, representative orŠ election officer may, on the premises of a pollingŠ station, attempt to learn the option in favour ofŠ which an elector intends to vote or has voted.”ŠŠ358 Replace the section by the following section:ŠŠ “358. No official delegate, representative, electionŠ officer or elector who has given assistance toŠ another elector may disclose the option for whichŠ the elector has voted.”ŠŠ359 Replace the word “whom” by the words “which option”.ŠŠ360 Replace the word “candidate” by the words “officialŠ delegate”.ŠŠ361Š toŠ363ŠŠ364 Replace the word “candidate” in subparagraph 4 of theŠ second paragraph by the word “option” and the wordsŠ “a person who is not a candidate” in subparagraph 5Š of the second paragraph by the words “an option whichŠ is not one of the options submitted to theŠ referendum”.ŠŠ365ŠŠ366 Replace the words “a candidate or the representativeŠ of a candidate” by the words “an official delegate orŠ his representative”.ŠŠ367 Replace the word “candidate” in the first paragraphŠ by the word “option”.ŠŠ368 Replace the word “candidate” by the words “officialŠ delegate”.ŠŠ369ŠŠ370ŠŠ371 Replace the words “candidate or his mandatary” in theŠ first paragraph by the words “official delegate”.ŠŠ Replace the words “candidate, mandatary” in theŠ second paragraph by the words “official delegate”.ŠŠ372 Replace the word “candidate” in the first paragraphŠ by the word “option”.ŠŠ Replace the figure “285” in the second paragraph byŠ the figure “300”.ŠŠ373ŠŠ374ŠŠ375 Replace the words “declare elected the candidate who”Š in the first paragraph by the words “announce theŠ option which”.ŠŠ377 Replace the words “declare elected the candidate who”Š and the word “candidate” in the first paragraph byŠ the words “issue a declaration indicating the optionŠ which” and the words “official delegate”,Š respectively.ŠŠ378 Replace the word “election” in the first paragraph byŠ the word “referendum”.ŠŠ379 Replace the word “election” by the word “referendum”.ŠŠ380 Replace the section by the following section:ŠŠ “380. The chief electoral officer shall, as soon asŠ possible, publish a notice in the Gazette officielleŠ du Québec indicating, for each electoral division,Š the number of votes for each of the optionsŠ appearing on the ballot paper.”ŠŠ381 Replace the word “election” which appears twice inŠ the first paragraph by the word “referendum”.ŠŠ402 Replace the section by the following section:ŠŠ “402. The cost of any goods or services used duringŠ the referendum period to promote or oppose, directlyŠ or indirectly, an option submitted to a referendum isŠ a regulated expense.”ŠŠ403 Replace the words “election period” by the wordsŠ “referendum period”.ŠŠ Replace the words “election expenses” by the wordsŠ “regulated expenses”.ŠŠ404 Replace the section by the following section:ŠŠ “404. The following are not regulated expenses:ŠŠ (1) the cost of publishing articles, editorials,Š news, interviews, columns or letters to the editor inŠ a newspaper, periodical or other publication,Š provided that they are published without payment,Š reward or promise of payment or reward, that theŠ newspaper, periodical or other publication is notŠ established for the purposes or in view of theŠ referendum and that the circulation and frequency ofŠ publication are as what obtains outside theŠ referendum period;ŠŠ (2) the cost at fair market value of producing,Š promoting and distributing a book that was planned toŠ be put on sale at the prevailing market priceŠ regardless of the issue of the writ;ŠŠ (3) the cost of broadcasting by a radio or televisionŠ station of a program of public affairs, news orŠ commentary, provided that the program is broadcastŠ without payment, reward or promise of payment orŠ reward;ŠŠ (4) the reasonable expenses incurred by a person, outŠ of his own money, for meals and lodging whileŠ travelling for referendum purposes, if the expensesŠ are not reimbursed to him;ŠŠ (5) the transportation costs of a person, paid out ofŠ his own money, if the costs are not reimbursed toŠ him;ŠŠ (6) the reasonable expenses incurred for theŠ publication of explanatory commentaries on this ActŠ and the regulations thereunder, provided theŠ commentaries are strictly objective and contain noŠ publicity of such a nature as to favour or oppose anŠ option submitted to a referendum;ŠŠ (7) the reasonable ordinary expenses incurred for theŠ day-to-day operations of not more than two permanentŠ offices of an authorized party the addresses of whichŠ are entered in the registers of the chief electoralŠ officer;ŠŠ (8) interest accrued from the beginning of theŠ referendum period to the day occurring 90 days afterŠ polling day, on any loan lawfully granted to anŠ official agent for regulated expenses, unless theŠ official agent has declared them as regulatedŠ expenses in his return of regulated expenses;ŠŠ (9) the costs of holding a meeting, which must notŠ exceed $600, including the cost of renting a hall andŠ of convening the participants, provided the meetingŠ is not directly or indirectly organized on behalf ofŠ a national committee.ŠŠ For the purposes of subparagraph 7 of the firstŠ paragraph, the permanent office of an authorizedŠ party is the office where the employees of the partyŠ or of a body associated with it for the purpose ofŠ attaining its objects and recognized by the leader ofŠ the party for such a purpose by a letter addressed toŠ the chief electoral officer before the seventh dayŠ following the issue of the writ, work on a permanentŠ basis, outside the referendum period, at ensuring theŠ dissemination of the party’s political program andŠ coordinating the political action of the partyŠ members.”ŠŠ405 Replace the words “election expenses, an authorizedŠ party” in the first paragraph by the words “regulatedŠ expenses, a national committee”.ŠŠ Replace the second paragraph by the followingŠ paragraph:ŠŠ “The official agent shall be appointed by theŠ chairman of the national committee who shall notifyŠ it to the chief electoral officer.”ŠŠ Replace the words “leader of the party” in the thirdŠ paragraph by the words “chairman of the nationalŠ committee”.ŠŠ Replace the words “a party” in the fourth paragraphŠ by the words “a national committee”.ŠŠ406 Replace the section by the following section:ŠŠ “406. Only one official agent is appointed for eachŠ national committee.ŠŠ However, the official agent may, with the approval ofŠ the chairman of the national committee, appoint theŠ required number of deputies and, for each electoralŠ division, a local agent. He shall notify the chiefŠ electoral officer and the returning officer thereofŠ in writing.ŠŠ The official agent may authorize them to incur orŠ authorize regulated expenses up to the amount heŠ fixes in their deeds of appointment. The amount mayŠ be changed at any time, in writing, by the officialŠ agent before he files his return of regulatedŠ expenses.ŠŠ Any regulated expense incurred by the deputy of theŠ official agent or by a local agent is deemed to beŠ incurred by the official agent up to the amount fixedŠ in the deed of appointment.ŠŠ The deputy and the local agent shall provide theŠ official agent of the national committee with aŠ detailed statement of expenses incurred or authorizedŠ by them.”ŠŠ407 Replace the first paragraph by the followingŠ paragraph:ŠŠ “407. An official agent or local agent may, inŠ writing, authorize an advertising agency to incur orŠ order regulated expenses up to the amount he fixesŠ in the authorization. That amount may be changed, byŠ the official agent or the local agent, as the caseŠ may be, in writing, at any time before he files hisŠ return of regulated expenses.”ŠŠ Insert the words “or the local agent, as the case mayŠ be” after the word “agent” in the second paragraph.ŠŠ410 Replace the section by the following section:ŠŠ “410. If the official agent dismisses a local agent,Š he shall notify it in writing to the returningŠ officer. He may appoint another local agent.”ŠŠ411 Replace the words “an official agent” in the firstŠ paragraph by the words “a local agent”.ŠŠ Replace the words “an official agent” and the wordsŠ “candidate or his mandatary” in the second paragraphŠ by the words “a local agent” and the words “officialŠ delegate”, respectively.ŠŠ412 Replace the section by the following section:ŠŠ “412. No person may act as the official agent of aŠ national committee, his deputy or a local agentŠ unless he is qualified to vote.”ŠŠ413 Replace the section by the following section:ŠŠ “413. During a referendum period, only the officialŠ agent of a national committee, his deputy or a localŠ agent may incur or authorize regulated expenses.”ŠŠ414 Replace the section by the following section:ŠŠ “414. An official agent, his deputy or a localŠ agent shall pay the cost of regulated expenses onlyŠ out of a referendum fund.”ŠŠ415 Replace the section by the following section:ŠŠ “415. No goods or services whose cost is wholly orŠ partly a regulated expense contemplated in sectionŠ 403 may be used during a referendum period except byŠ the official agent of a national committee, hisŠ deputy or a local agent, or with his authorization.”ŠŠ416 Replace the section by the following section:ŠŠ “416. No person may accept or execute an order forŠ regulated expenses not given or authorized by theŠ official agent of a national committee, his deputy,Š a local agent or authorized advertising agency.”ŠŠ417 Replace the words “election expense” and “electionŠ period” in the first paragraph by the wordsŠ “regulated expense” and “referendum period”,Š respectively.ŠŠ421 Replace the words “an election” in the firstŠ paragraph by the words “a referendum”.ŠŠ Replace the words “or deputy” in the first, secondŠ and third paragraphs by the words “, deputy or localŠ agent”.ŠŠ422 Replace the words “the official agents of severalŠ candidates”, the word “official”, and the wordŠ “party” by the words “several local agents”, the wordŠ “local” and the words “national committee”,Š respectively.ŠŠ424 Replace the word “election” in the first paragraph byŠ the word “regulated”.ŠŠ425 Replace the first and second paragraphs by theŠ following paragraphs:ŠŠ “425. Every person to whom an amount is due forŠ regulated expenses shall present his claim to theŠ official agent or the local agent not later thanŠ sixty days after polling day. In no case may theŠ regulated expenses be paid by the official agent orŠ the local agent if the claim is presented to himŠ after that period has expired.ŠŠ Where the official agent or local agent has died orŠ resigned and has not been replaced, the claim shallŠ be presented within the same time to the chairman ofŠ the national committee or to the official agent, asŠ the case may be.”ŠŠ426 Replace the section by the following section:ŠŠ “426. Regulated expenses shall be limited so asŠ never to exceed for a national committee, during oneŠ referendum, $1 per elector for all the electoralŠ divisions.”ŠŠ427 Replace the section by the following section:ŠŠ “427. For the purposes of section 426, the number ofŠ electors is the greater of the number of electorsŠ whose names are entered on the list of electorsŠ produced upon the issue of a writ instituting aŠ referendum and the number of electors whose namesŠ are entered on the list following revision.ŠŠ The number is established by the chief electoralŠ officer who shall draw up a certificate thereof andŠ send a copy of the certificate to the chairman andŠ the official agent of each national committee.”ŠŠ429 Replace the word “election” in the first paragraph byŠ the word “referendum”.ŠŠ Strike out the second paragraph.ŠŠ429.1 Replace the word “election” by the wordŠ “referendum”.ŠŠ430ŠŠ431ŠŠ434 Replace the first paragraph by the followingŠ paragraph:ŠŠ “434. The official agent of each national committeeŠ and, through him, each local agent he has appointedŠ shall, within 90 days after polling day, deliver toŠ the chief electoral officer a return of the regulatedŠ expenses incurred or authorized by them.”ŠŠ Insert, after the second paragraph, the followingŠ paragraph:ŠŠ “The return must, in addition, indicate the name, theŠ complete address of the domicile of, and the amountŠ paid by, each elector whose total contribution to aŠ national committee exceeds $200.”ŠŠ435 Replace the word “election” and the words and figureŠ “sections 432 and” by the word “regulated” and theŠ word “section”, respectively.ŠŠ436 Replace the words “sections 432 and” in the firstŠ paragraph by the word “section”.ŠŠ Replace the words “leader of the party or to theŠ candidates if they so request” in the secondŠ paragraph by the words “chairman of the nationalŠ committee if he so requests”.ŠŠ437 Replace the section by the following section:ŠŠ “437. In addition to regulated expenses, theŠ official agent and the local agent must indicate inŠ the returns prescribed in section 434 the source ofŠ the sums paid into the referendum fund put at theirŠ disposal.ŠŠ They must also indicateŠŠ (1) the financial institutions with which the sumsŠ collected by the national committee have beenŠ deposited and the account numbers used;ŠŠ (2) the total amount of contributions of $200 orŠ less;ŠŠ (3) the total amount of contributions of over $200;ŠŠ (4) the total of the amounts transferred or loaned byŠ the official representative of an authorized party.”ŠŠ438 Replace the words and figure “sections 432 and” inŠ the first paragraph by the word “section”.ŠŠ Replace the word “election” in the second paragraphŠ by the word “referendum”.ŠŠ439ŠŠ440 Replace the second paragraph by the followingŠ paragraph:ŠŠ “If the claim is not contested by the official agent,Š he shall forward to the chief electoral officer theŠ necessary additional sum, out of his referendum fund,Š to enable him to discharge the claim.”ŠŠ441 Replace the section by the following section:ŠŠ “441. On filing the return prescribed by sectionŠ 434, the official agent of a national committee shallŠ keep the remaining sums or goods in his referendumŠ fund.ŠŠ The sums and goods may be used only for political,Š religious, scientific or charitable purposes.”ŠŠ443 Replace the words “a candidate or party leader” inŠ the second paragraph by the words “the chairman orŠ official agent of the national committee”.ŠŠ444 Replace the words “a candidate or party leader” byŠ the words “the chairman or official agent of aŠ national committee”.ŠŠ Strike out the figure and word “432 or”.ŠŠ445 Replace the section by the following section:ŠŠ “445. Before filing the return and declarationŠ prescribed in section 434, an official agent and aŠ local agent must have discharged all the claimsŠ received within the period prescribed in section 425Š unless they contest them and indicate them asŠ contested.ŠŠ In no case may the official agent, the local agent orŠ the national committee pay a claim so contested.Š Only the official agent may pay the claim inŠ execution of a judgment of a competent tribunal inŠ favour of the creditor after the hearing of the caseŠ and not upon an acquiescence in the demand or anŠ agreement of settlement.ŠŠ The chief electoral officer may, if no nationalŠ committee objects, authorize the official agent of aŠ national committee to pay a contested claim if theŠ refusal or failure to pay results from bona fideŠ error.”ŠŠ446 Insert the words “or local agent” after the wordŠ “agent”.ŠŠ447 Replace the word “representative” and the wordsŠ “return of election expenses” by the word “agent” andŠ the words “returns of regulated expenses”,Š respectively.ŠŠ448 Replace the section by the following section:ŠŠ “448. The judge having jurisdiction to decide anŠ application under sections 443 to 446 is the chiefŠ judge of the Court of Québec.ŠŠ No application under the first paragraph may beŠ heard without a notice of at least three clear daysŠ to the chief electoral officer and to the chairmanŠ of each national committee.”ŠŠ485 Strike out the second, third and fourth paragraphs.ŠŠ486ŠŠ487 Replace the section by the following section:ŠŠ “487. In respect of the financing of nationalŠ committees and the control of regulated expenses, heŠ shall, in particular,ŠŠ (1) verify that the national committees, officialŠ agents and their deputies and local agents areŠ complying with the provisions of the Act;ŠŠ (2) receive and examine the return of regulatedŠ expenses;ŠŠ (3) inquire into the legality of contributions andŠ regulated expenses.”ŠŠ488 Replace the words “political parties” in paragraph 4Š by the words “national committees”.ŠŠ Replace, in paragraph 5, the words “political party”Š by the words “national committee”, the wordŠ “candidates” by the word “committees” and the wordŠ “parties” by the words “national committees”.ŠŠ488.1 Replace the word “election” in the first line and inŠ the last line by the word “referendum” and replaceŠ the words “this Act” by the words “the Referendum ActŠ (chapter C-64.1)”.ŠŠ489.1 Replace the words “authorized parties represented inŠ the National Assembly” by the words “nationalŠ committees” and strike out the words “, the filing ofŠ nomination papers”.ŠŠ490Š Replace the words “election period or during anŠ enumeration or revision period” in the firstŠ paragraph by the words “referendum period”.ŠŠ Replace the second paragraph by the followingŠ paragraph:ŠŠ “The chief electoral officer must, however, giveŠ notice of any decision he intends to make to theŠ national committees, the official delegates andŠ the electors concerned.”ŠŠ Strike out the words “or the end of the enumerationŠ or revision” in the third paragraph.ŠŠ491Š toŠ494ŠŠ496 Strike out the first paragraph.ŠŠ In the second paragraph, change in French; no changeŠ necessary in English.ŠŠ497ŠŠ498ŠŠ512ŠŠ551ŠŠ551.1ŠŠ551.2ŠŠ551.3ŠŠ553 Replace the word “candidate” in paragraph 3 by theŠ words “national committee”.ŠŠ553.1 Replace the word “election” in paragraph 1 by theŠ word “referendum”.ŠŠ554 Replace the word “election” in paragraph 2 by theŠ word “referendum”.ŠŠ Strike out the words “of election” in paragraph 3.ŠŠ555ŠŠ556 Strike out paragraph 4.ŠŠ557 Replace the word “election” by the word “referendum”.ŠŠ558 Replace the words “every candidate or every personŠ who later becomes a candidate” in subparagraph 1 ofŠ the first paragraph by the words “every officialŠ delegate”.ŠŠ Replace the words “a candidate” in subparagraph 2 ofŠ the first paragraph by the words “an option”.ŠŠ Replace the word “election” in subparagraph 1 ofŠ the second paragraph by the word “regulated”.ŠŠ Replace the words “the election of a candidate atŠ an election” in subparagraphs 1 and 2 of the secondŠ paragraph by the words “an option submitted at aŠ referendum”.ŠŠ559 Insert, after the word “agent”, the words “or anyŠ local agent”.ŠŠ Replace the word “election” in paragraph 1 by theŠ word “regulated”.ŠŠ560 Replace the words “candidate or party leader” by theŠ words “chairman or official delegate of a nationalŠ committee” and the word “election” by the wordŠ “regulated”.ŠŠ563 Replace the section by the following section:ŠŠ “563. Every person who fails to file a report orŠ return of regulated expenses is liable to a fine ofŠ $50 for each day of delay.”ŠŠ564 Replace the section by the following section:ŠŠ “564. Every person who contravenes any of sectionsŠ 66, 87, 88, 90 to 93, 95 to 97, 99, 100, 104, 410,Š 413 to 417, 421, 424 and 430 is guilty of an offenceŠ and is liable to a fine of not less than $100 and ofŠ not more than $10 000.”ŠŠ565ŠŠ566ŠŠ567 Strike out the following in the first paragraph: “,Š in paragraph 4 of section 556”.ŠŠ Replace the word “election” in the second paragraphŠ by the word “regulated” and insert after the wordŠ “agent” the words “or the local agent”.ŠŠ568 Strike out the second paragraph.ŠŠ569ŠŠ---------------------------------------------------------------ŠNOT IN FORCEŠ570 Replace the words “an election” in the firstŠ paragraph by the words “a referendum”.Š===============================================================ŠŠ571Š toŠ573”.
APPENDIX 2
(Sections 16, 17, 44, 45)ŠŠPROVISIONS APPLICABLE TO THE HOLDING OF A REFERENDUMŠŠELECTION ACT (chapter E-3.3)ŠŠSECTIONS AMENDMENTSŠŠ 1ŠŠ 2 Replace the words “the order instituting the electionŠ is issued or” by the words “of the notificationŠ provided for in section 7 of the Referendum ActŠ (chapter C-64.1), or be”;ŠŠ 3ŠŠ 4ŠŠ 5ŠtoŠ12ŠŠ13 Replace the section by following:ŠŠ “13. The registry of electors outside QuébecŠ constitutes a list of electors.ŠŠ Upon the issue of the order, the chief electoralŠ officer shall send a preliminary list of entriesŠ in the registry to each national committee.ŠŠ In addition, he shall send to each national committee,Š not later than the twenty-sixth day preceding pollingŠ day, the list of electors entered in the registry and,Š for each electoral division, he shall send to theŠ returning officer and to the official delegates theŠ list of the electors of that electoral division.ŠŠ For the purposes of this Act, the expression “officialŠ delegate” means a person appointed as such by theŠ chairman of a national committee to represent him inŠ an electoral division.”.ŠŠ46 Replace the first paragraph by the followingŠ paragraph:ŠŠ “46. An official agent may resign by sending aŠ written notice to that effect to the chairman of theŠ national committee.”.ŠŠ Replace the words “Within 30 days of resigning, theŠ official representative shall file with the party, theŠ party authority or the independent candidate” in theŠ second paragraph by the words “Within 30 days ofŠ resigning, the official agent shall file with theŠ national committee”, and the words “financial report”Š by the words “return of regulated expenses”.ŠŠ Replace the words “an authorized entity no longer hasŠ an official representative, another officialŠ representative” in the third paragraph by the wordsŠ “a national committee no longer has an official agent,Š another official agent”.ŠŠ Replace the words “official representative or of aŠ delegate” in the fourth paragraph by the wordsŠ “official agent”.ŠŠ60 Replace the section by the following section:ŠŠ “60. The official agent of a national committee isŠ authorized to solicit and collect contributions untilŠ polling day.ŠŠ After polling day, the official agent is authorizedŠ to solicit and collect contributions only for theŠ purpose of paying the debts arising from hisŠ regulated expenses and to dispose, in accordance withŠ the second paragraph of section 441, of the sums andŠ property derived from his referendum fund.”ŠŠ66 Replace the section by the following section:ŠŠ “66. Where the chairman of a national committeeŠ resigns, he shall so notify the chief electoralŠ officer in writing without delay.”ŠŠ87 Strike out the second paragraph.ŠŠ88 Replace the first paragraph by the followingŠ paragraph:ŠŠ “88. Sums of money donated to a national committeeŠ and services rendered and goods furnished to it forŠ the purposes of promoting an option submitted to aŠ referendum are deemed to be contributions.”ŠŠ Strike out subparagraphs 2 and 3 of the secondŠ paragraph.ŠŠ Replace subparagraph 4 of the second paragraph byŠ the following subparagraph:ŠŠ “(4) a loan granted to a national committee at theŠ current market rate of interest at the time it isŠ granted by an authorized political party;”.ŠŠ Strike out subparagraphs 5 and 6 of the secondŠ paragraph.ŠŠ Replace subparagraph 7 of the second paragraph by theŠ following subparagraph:ŠŠ “(7) air time on the radio or television or space inŠ the newspaper, periodical or other printed matterŠ available free of charge to national committees byŠ any radio, television or cable broadcaster or anyŠ owner of a newspaper, periodical or other printedŠ matter, provided he offers such service equitably asŠ to quality and quantity to each national committee;”.ŠŠ Replace subparagraph 8 of the second paragraph byŠ the following subparagraph:ŠŠ “(8) transfers of funds between:ŠŠ (a) an authorized party and the referendum fund ofŠ a national committee;ŠŠ (b) the referendum fund of a national committee andŠ the referendum fund put at the disposal of a localŠ agent.”ŠŠ90ŠŠ91 Replace the first paragraph by the followingŠ paragraph:ŠŠ “91. The total of contributions to each nationalŠ committee by the same elector in the same referendumŠ shall not exceed the amount of $3 000.”ŠŠ Replace the words “an authorized entity” in theŠ second paragraph by the words “a national committee”.ŠŠ92 Replace the first paragraph by the followingŠ paragraph:ŠŠ “92. Contributions shall not be solicited exceptŠ under the responsibility of the official agent of aŠ national committee, or except through personsŠ designated in writing by the official agent.”ŠŠ Replace the word “representative” in the secondŠ paragraph by the word “agent”.ŠŠ93 Replace the words “representative of the authorizedŠ entity” by the words “agent of the nationalŠ committee”.ŠŠ94 Replace the section by the following section:ŠŠ “94. The local agent has, for the electoral divisionŠ for which he is appointed, the powers conferred onŠ the official agent of the national committee byŠ sections 92, 93 and 96.”ŠŠ95ŠŠ96 Replace the word “representative” by the wordŠ “agent”.ŠŠ97 Replace the words “authorized entity” by the wordsŠ “national committee”.ŠŠ98 Replace the words “authorized entity” by the wordsŠ “national committee”.ŠŠ99 Replace the words “authorized entity” by the wordsŠ “official agent”.ŠŠ100ŠŠ104 Replace the words “representative of an authorizedŠ entity” by the words “agent of a national committee”.ŠŠ105 Add, after the second paragraph, the followingŠ paragraph:ŠŠ “The principal of, and interest on, every loan must beŠ paid before the return of the regulated expenses isŠ sent.”.ŠŠ131 Replace the first two paragraphs by the following:ŠŠ “131. The polling shall take place on the fifthŠ Monday following the issue of the writ.”.ŠŠ132 Replace the words “a copy of the order” in the firstŠ line of the first paragraph by the words “the noticeŠ provided for in section 7 of the Referendum ActŠ (chapter C-64.1)”.ŠŠ Replace the words “party authority at the level of theŠ electoral division” in the first paragraph by theŠ words “authority, at the level of the electoralŠ division, of an authorized party in the NationalŠ Assembly”.ŠŠ133 Replace the word “election” by the word “referendum”.ŠŠ134 Replace, in the second paragraph,ŠŠ (1) the words “political parties and of candidates”Š by the words “national committees”;ŠŠ (2) the words “election expenses” by the wordsŠ “regulated expenses”.ŠŠ135 Replace the words “particulars that will be containedŠ in” in the fourth and fifth lines by the wordsŠ “question that will appear on”.ŠŠ136ŠŠ137 Strike out the second paragraph.ŠŠ Replace the word “election” in the third paragraph byŠ the word “referendum”.ŠŠ138Š toŠ144ŠŠ146 Replace the words “the fifth week preceding that ofŠ the polling” by the words “the second week followingŠ the notification provided for in section 7 of theŠ Referendum Act (chapter C-64.1)”.ŠŠ147ŠŠ148 Replace the section by the following:ŠŠ “148. The two enumerators shall be appointed by theŠ returning officer, one on the recommendation of theŠ Prime Minister or the person designated by him, theŠ other on the recommendation of the Leader of theŠ Official Opposition or the person designated by him.”.ŠŠ151ŠŠ152ŠŠ153 Strike out the words “, to any independent MemberŠ elected as such and to the candidates,”.ŠŠ154Š toŠ156ŠŠ157 Replace the words “polling day” in the first paragraphŠ by the words “the last day of the enumeration”.ŠŠ Replace the words “the day the order is issued” in theŠ second paragraph by the words “the day of theŠ notification provided for in section 7 of theŠ Referendum Act (chapter C-64.1)”.ŠŠ158Š toŠ169ŠŠ170 Replace the section by the following:ŠŠ “170. Not later than two days after the issue of theŠ writ, the returning officer shall transmit to eachŠ official delegate five certified copies of the listŠ of electors of each polling subdivision and one copyŠ of the statement prepared by the enumerators pursuantŠ to section 161.”.ŠŠ171Š toŠ173ŠŠ174 Strike out the last sentence.ŠŠ175ŠŠ176 Replace the word “candidate” by the words “officialŠ delegate”.ŠŠ177Š toŠ180ŠŠ181 Replace the words “day of the issue of the orderŠ instituting the election” in the first paragraph byŠ the words “day of the notification provided for inŠ section 7 of the Referendum Act (chapter C-64.1)” andŠ insert the words “on polling day” after the wordŠ “elector” in the fourth line of the first paragraph.ŠŠ182Š toŠ187ŠŠ188 Replace the words “candidate and each party authorityŠ at the level of the electoral division” in the firstŠ paragraph by the words “national committee and eachŠ official delegate”.ŠŠ189Š toŠ193ŠŠ194 Replace the word “candidates” in the second paragraphŠ by the words “official delegates”.ŠŠ195 Replace the second paragraph by the followingŠ paragraph:ŠŠ “The returning officer shall thereupon inform theŠ chief electoral officer, each national committee andŠ each official delegate of the selected places.”ŠŠ196ŠŠ197ŠŠ198 Replace the section by the following:ŠŠ “198. The two revisors are appointed by the returningŠ officer, one on the recommendation of the officialŠ delegate of the national committee including theŠ greatest number of Members of the National Assembly,Š and the other on the recommendation of the officialŠ delegate of the national committee including theŠ second greatest number of Members of the NationalŠ Assembly.”.ŠŠ199ŠŠ200ŠŠ201 Replace the section by the following section:ŠŠ “201. The revisor recommended by the nationalŠ committee having the greatest number of Members inŠ the National Assembly shall act as chairman of theŠ board of revisors.ŠŠ The revisor recommended by the national committeeŠ having the second greatest number of Members in theŠ National Assembly shall act as vice-chairman.”ŠŠ202 Replace the words “candidate and to each partyŠ authority at the level of the electoral division” byŠ the words “national committee and each officialŠ delegate”.ŠŠ203Š toŠ221ŠŠ222 Replace the word “candidate” by the words “officialŠ delegate”.ŠŠ223ŠŠ224 Replace the word “candidate” by the words “officialŠ delegate”.ŠŠ225Š toŠ230ŠŠ231 Replace the word “candidate” by the words “officialŠ delegate”.ŠŠ233ŠŠ248 Replace the first and second paragraphs by theŠ following paragraphs:ŠŠ “248. Every employer shall, upon written request,Š grant a leave without pay to an employee who acts asŠ the chairman of a national committee or as anŠ official delegate. The request may be made at anyŠ time from the date of the writ instituting theŠ holding of a referendum.ŠŠ The employee’s leave begins on the day requested byŠ the employee and ends on the thirtieth day followingŠ polling day.”ŠŠ249 Replace the first and second paragraphs by theŠ following paragraphs:ŠŠ “249. Every employer shall, upon written request,Š grant a leave without pay to an employee who acts asŠ the official agent of a national committee. TheŠ request may be made at any time from the date of theŠ writ instituting the holding of a referendum.ŠŠ The employee’s leave begins on the day requested byŠ the employee and ends on the ninetieth day followingŠ polling day.”ŠŠ250Š toŠ255ŠŠ260 Replace the section by the following section:ŠŠ “260. Upon receipt of a copy of the writ, theŠ returning officer shall publish a notice of poll.ŠŠ The notice of poll shall set forthŠŠ (1) the text of the question put to the electors;ŠŠ (2) the days and hours of polling at advance pollingŠ stations;ŠŠ (3) the day and hours of polling at polling stations;ŠŠ (4) the name of every national committee and, forŠ each of them, the given name and surname of theŠ chairman and of the official agent, and, for theŠ division, the given name and surname of the officialŠ delegate and of the local agent.”ŠŠ261 Replace the words “candidate or his mandatary” by theŠ words “official delegate”.ŠŠ262 Replace the words “candidate and each party authorityŠ at the level of the electoral division” in the firstŠ paragraph by the words “official delegate”.ŠŠ263 Replace the figure “317” by the figures “310, 312 toŠ 317”.ŠŠ264Š toŠ269ŠŠ270 Replace the words “the candidates” by the words “eachŠ official delegate”.ŠŠ271 Replace the words “candidate or his mandatary” in theŠ third paragraph by the words “official candidate”.ŠŠ272ŠŠ273 Replace the words “general election” in the firstŠ paragraph by the word “referendum”.ŠŠ Replace the words “of his domicile” in the thirdŠ paragraph by the words “where the house of detentionŠ is situated”.ŠŠ274 Replace the words “chief electoral officer” in theŠ third paragraph by the words “returning officer of theŠ electoral division concerned”.ŠŠ Add, after the third paragraph, the following:ŠŠ “The returning officer shall ensure that the listŠ remains confidential.”.ŠŠ275ŠŠ276 Replace the words “authorized party” by the wordsŠ “official delegate of a national committee”.ŠŠ278 Replace the section by the following:ŠŠ “278. The returning officer referred to in sectionŠ 275 shall give the deputy returning officer a sealedŠ ballot box containing the ballot papers, the list ofŠ electors of the house of detention, the poll book andŠ the materials required for the poll. He shall alsoŠ give him directives on the work of the pollingŠ officers.”.ŠŠ279ŠŠ280 Strike out the second paragraph.ŠŠ282 Replace the section by the following:ŠŠ “282. The counting of the votes shall be effected inŠ accordance with section 272.”.ŠŠ286Š toŠ289ŠŠ290 Replace the word “candidates” by the words “officialŠ delegates”.ŠŠ291ŠŠ292ŠŠ293 Replace the words “in the form prescribed by ScheduleŠ IV, on which he shall indicate the name of theŠ electoral division where the elector had his previousŠ residence, the necessary envelopes and a list of theŠ places where the elector may consult the list ofŠ candidates” by the words “on which he shall indicateŠ the name of the electoral division where the electorŠ had his previous residence and the necessaryŠ envelopes”.ŠŠ296Š toŠ299ŠŠ300 Replace the section by the following:ŠŠ “300. The counting of the votes of electors outsideŠ Québec shall be proceeded with in accordance withŠ section 272, adapted as required.ŠŠ However, the counting shall be proceeded with at theŠ place and time fixed by the chief electoral officer.ŠŠ The deputy returning officer shall, for each electoralŠ division, draw up a statement of votes and an abstractŠ from such statement that he shall deliver to the chiefŠ electoral officer or the person designated by him,Š together with the ballot box.ŠŠ The chief electoral officer shall forthwithŠ communicate the results to each returning officerŠ concerned and transmit to him the abstract from theŠ statement of votes which concerns him.”.ŠŠ302 Replace the word “candidate” in the fourth paragraphŠ by the words “official delegate”.ŠŠ303Š toŠ305ŠŠ306 Replace the words “an election” in the firstŠ paragraph by the words “a referendum”.ŠŠ307Š toŠ309ŠŠ310 Replace the section by the following section:ŠŠ “310. In every polling station, the returningŠ officer shall appoint, as deputy returning officer,Š the person recommended by the official delegate ofŠ the national committee which has the greatest numberŠ of Members in the National Assembly.ŠŠ He shall appoint, as poll clerk, the personŠ recommended by the official delegate of the nationalŠ committee which has the second highest number ofŠ Members in the National Assembly.ŠŠ Where the two national committees have an equalŠ number of Members in the National Assembly, theŠ chief electoral officer shall determine, by a drawingŠ of lots, which committee is deemed to have theŠ highest number of Members or, as the case may be, theŠ second highest number of Members in the NationalŠ Assembly.”ŠŠ312ŠŠ313 Replace the word “candidate” in the first paragraphŠ by the words “official delegate”.ŠŠ Replace the word “candidates” in the second paragraphŠ by the words “official delegates”.ŠŠ314ŠŠ315ŠŠ316 Replace the section by the following section:ŠŠ “316. The official delegate of each nationalŠ committee may designate a person and give him a powerŠ of attorney to represent the national committeeŠ before the deputy returning officer or the officer inŠ charge of information and order, or before each ofŠ them.”ŠŠ317 Replace the words “candidate or his mandatary” by theŠ words “official delegate”.ŠŠ318 Replace the words “A candidate” by the words “TheŠ official delegate of each national committee”.ŠŠ319 Replace the words “candidate or his mandatary” by theŠ words “official delegate”.ŠŠ320 Strike out the words “in accordance with the modelŠ provided in Schedule III and” in the first paragraph.ŠŠ321Š toŠ323ŠŠ324 Replace the section by the following section:ŠŠ “324. The ballot paper must contain on the obverseŠ a space specially reserved for the wording of theŠ question.”ŠŠ325Š toŠ327ŠŠ328 Replace the word “candidates” in the second paragraphŠ by the words “national committees”.ŠŠ329Š toŠ333ŠŠ334 Replace the words “candidates and their mandataries”Š by the words “chairmen of national committees andŠ their official delegates”.ŠŠ335Š toŠ341ŠŠ342 Replace the word “candidate” by the words “nationalŠ committee”.ŠŠ343Š toŠ347ŠŠ348 Replace the words “then indicate to him the order inŠ which the candidates appear on the ballot paper andŠ the indications entered under their names, where suchŠ is the case” by the words “read the question andŠ indicate to him the order in which the options appearŠ on the ballot paper”.ŠŠ349ŠŠ350 Replace the word “candidate” in the first paragraph byŠ the words “national committee”.ŠŠ Replace the words “day of issue of the orderŠ instituting the election” in subparagraph 2 of theŠ first paragraph by the words “day of the notificationŠ provided for in section 7 of the Referendum ActŠ (chapter C-64.1)”, the word “election” in subparagraphŠ 3 of the first paragraph by the word “referendum”, theŠ words “a candidate” in subparagraph 4 of the firstŠ paragraph by the words “an option” and the wordŠ “election” in subparagraph 5 of the first paragraph byŠ the word “referendum”.ŠŠ351ŠŠ352 Strike out the word “political” and replace the wordsŠ “a party or candidate” in the first paragraph by theŠ words “one of the options submitted to theŠ referendum”.ŠŠ353Š toŠ355ŠŠ356 Replace the section by the following section:ŠŠ “356. No elector may, on the premises of a pollingŠ station, indicate, in any manner, the option inŠ favour of which he intends to vote or has voted.”ŠŠ357 Replace the section by the following section:ŠŠ “357. No official delegate, representative orŠ election officer may, on the premises of a pollingŠ station, attempt to learn the option in favour ofŠ which an elector intends to vote or has voted.”ŠŠ358 Replace the section by the following section:ŠŠ “358. No official delegate, representative, electionŠ officer or elector who has given assistance toŠ another elector may disclose the option for whichŠ the elector has voted.”ŠŠ359 Replace the word “whom” by the words “which option”.ŠŠ360 Replace the word “candidate” by the words “officialŠ delegate”.ŠŠ361Š toŠ363ŠŠ364 Replace the word “candidate” in subparagraph 4 of theŠ second paragraph by the word “option” and the wordsŠ “a person who is not a candidate” in subparagraph 5Š of the second paragraph by the words “an option whichŠ is not one of the options submitted to theŠ referendum”.ŠŠ365ŠŠ366 Replace the words “a candidate or the representativeŠ of a candidate” by the words “an official delegate orŠ his representative”.ŠŠ367 Replace the word “candidate” in the first paragraphŠ by the word “option”.ŠŠ368 Replace the word “candidate” by the words “officialŠ delegate”.ŠŠ369ŠŠ370ŠŠ371 Replace the words “candidate or his mandatary” in theŠ first paragraph by the words “official delegate”.ŠŠ Replace the words “candidate, mandatary” in theŠ second paragraph by the words “official delegate”.ŠŠ372 Replace the word “candidate” in the first paragraphŠ by the word “option”.ŠŠ Replace the figure “285” in the second paragraph byŠ the figure “300”.Š373ŠŠ374ŠŠ375 Replace the words “declare elected the candidate who”Š in the first paragraph by the words “announce theŠ option which”.ŠŠ377 Replace the words “declare elected the candidate who”Š and the word “candidate” in the first paragraph byŠ the words “issue a declaration indicating the optionŠ which” and the words “official delegate”,Š respectively.ŠŠ378 Replace the word “election” in the first paragraph byŠ the word “referendum”.ŠŠ379 Replace the word “election” by the word “referendum”.ŠŠ380 Replace the section by the following section:ŠŠ “380. The chief electoral officer shall, as soon asŠ possible, publish a notice in the Gazette officielleŠ du Québec indicating, for each electoral division,Š the number of votes for each of the optionsŠ appearing on the ballot paper.”.ŠŠ381 Replace the word “election” which appears twice inŠ the first paragraph by the word “referendum”.ŠŠ402 Replace the section by the following section:ŠŠ “402. The cost of any goods or services used duringŠ the referendum period to promote or oppose, directlyŠ or indirectly, an option submitted to a referendum isŠ a regulated expense.”.ŠŠ403 Replace the words “election period” by the wordsŠ “referendum period”.ŠŠ Replace the words “election expenses” by the wordsŠ “regulated expenses”.ŠŠ404 Replace the section by the following:ŠŠ “404. The following are not regulated expenses:ŠŠ (1) the cost of publishing articles, editorials, news,Š interviews, columns or letters to the editor in aŠ newspaper, periodical or other publication, providedŠ that they are published without payment, reward orŠ promise of payment or reward, that the newspaper,Š periodical or other publication is not established forŠ the purposes or in view of the referendum and that theŠ circulation and frequency of publication are as whatŠ obtains outside the referendum period;ŠŠ (2) the cost at fair market value of producing,Š promoting and distributing a book that was planned toŠ be put on sale at the prevailing market priceŠ regardless of the issue of the writ;ŠŠ (3) the cost of broadcasting by a radio or televisionŠ station of a program of public affairs, news orŠ commentary, provided that the program is broadcastŠ without payment, reward or promise of payment orŠ reward;ŠŠ (4) the reasonable expenses incurred by a person, outŠ of his own money, for meals and lodging whileŠ travelling for referendum purposes, if the expensesŠ are not reimbursed to him;ŠŠ (5) the transportation costs of a person, paid out ofŠ his own money, if the costs are not reimbursed to him;ŠŠ (6) the reasonable expenses incurred for theŠ publication of explanatory commentaries on this ActŠ and the regulations thereunder, provided theŠ commentaries are strictly objective and contain noŠ publicity of such a nature as to favour or oppose anŠ option submitted to a referendum;ŠŠ (7) the reasonable ordinary expenses incurred for theŠ day-to-day operations of not more than two permanentŠ offices of an authorized party the addresses of whichŠ are entered in the registers of the chief electoralŠ officer;ŠŠ (8) interest accrued from the beginning of theŠ referendum period to the day occurring 90 days afterŠ polling day, on any loan lawfully granted to anŠ official agent for regulated expenses, unless theŠ official agent has declared them as regulated expensesŠ in his return of regulated expenses;ŠŠ (9) the costs of holding a meeting, which must notŠ exceed $600, including the cost of renting a hall andŠ of convening the participants, provided the meeting isŠ not directly or indirectly organized on behalf of aŠ national committee.ŠŠ For the purposes of subparagraph 7 of the firstŠ paragraph, the permanent office of an authorized partyŠ is the office where the employees of the party or of aŠ body associated with it for the purpose of attainingŠ its objects and recognized by the leader of the partyŠ for such a purpose by a letter addressed to the chiefŠ electoral officer before the seventh day following theŠ issue of the writ, work on a permanent basis, outsideŠ the referendum period, at ensuring the disseminationŠ of the party’s political program and coordinating theŠ political action of the party members.”.ŠŠ405 Replace the words “election expenses, an authorizedŠ party” in the first paragraph by the words “regulatedŠ expenses, a national committee”.ŠŠ Replace the second paragraph by the followingŠ paragraph:ŠŠ “The official agent shall be appointed by theŠ chairman of the national committee who shall notifyŠ it to the chief electoral officer.”ŠŠ Replace the words “leader of the party” in the thirdŠ paragraph by the words “chairman of the nationalŠ committee”.ŠŠ Replace the words “a party” in the fourth paragraphŠ by the words “a national committee”.ŠŠ406 Replace the section by the following:ŠŠ “406. Only one official agent is appointed for eachŠ national committee.ŠŠ However, the official agent may, with the approval ofŠ the chairman of the national committee, appoint theŠ required number of deputies and, for each electoralŠ division, a local agent. He shall notify the chiefŠ electoral officer and the returning officer thereof inŠ writing.ŠŠ The official agent may authorize them to incur orŠ authorize regulated expenses up to the amount he fixesŠ in their deeds of appointment. The amount may beŠ changed at any time, in writing, by the official agentŠ before he files his return of regulated expenses.ŠŠ Any regulated expense incurred by the deputy of theŠ official agent or by a local agent is deemed to beŠ incurred by the official agent up to the amount fixedŠ in the deed of appointment.ŠŠ The deputy and the local agent shall provide theŠ official agent of the national committee with aŠ detailed statement of expenses incurred or authorizedŠ by them.”.ŠŠ407 Replace the first paragraph by the followingŠ paragraph:ŠŠ “407. An official agent or local agent may, inŠ writing, authorize an advertising agency to incur orŠ order regulated expenses up to the amount he fixesŠ in the authorization. That amount may be changed, byŠ the official agent or the local agent, as the caseŠ may be, in writing, at any time before he files hisŠ return of regulated expenses.”ŠŠ Insert the words “or the local agent, as the case mayŠ be” after the word “agent” in the second paragraph.ŠŠ410 Replace the section by the following section:ŠŠ “410. If the official agent dismisses a local agent,Š he shall notify it in writing to the returningŠ officer. He may appoint another local agent.”ŠŠ411 Replace the words “an official agent” in the firstŠ paragraph by the words “a local agent”.ŠŠ Replace the words “an official agent” and the wordsŠ “candidate or his mandatary” in the second paragraphŠ by the words “a local agent” and the words “officialŠ delegate”, respectively.ŠŠ412 Replace the section by the following section:ŠŠ “412. No person may act as the official agent of aŠ national committee, his deputy or a local agentŠ unless he is qualified to vote.”ŠŠ413 Replace the section by the following section:ŠŠ “413. During a referendum period, only the officialŠ agent of a national committee, his deputy or a localŠ agent may incur or authorize regulated expenses.”ŠŠ414 Replace the section by the following section:ŠŠ “414. An official agent, his deputy or a localŠ agent shall pay the cost of regulated expenses onlyŠ out of a referendum fund.”ŠŠ415 Replace the section by the following section:ŠŠ “415. No goods or services whose cost in wholly orŠ partly a regulated expense contemplated in sectionŠ 403 may be used during a referendum period except byŠ the official agent of a national committee, hisŠ deputy or a local agent, or with his authorization.”ŠŠ416 Replace the section by the following section:ŠŠ “416. No person may accept or execute an order forŠ regulated expenses not given or authorized by theŠ official agent of a national committee, his deputy,Š a local agent or authorized advertising agency.”ŠŠ417 Replace the words “election expense” and “electionŠ period” in the first paragraph by the wordsŠ “regulated expense” and “referendum period”,Š respectively.ŠŠ421 Replace the words “an election” in the first paragraphŠ by the words “a referendum”.ŠŠ Replace the words “or deputy” in the first, secondŠ and third paragraphs by the words “, deputy or localŠ agent”.ŠŠ422 Replace the words “the official agents of severalŠ candidates”, the word “official” and the word “party”Š by the words “several local agents”, the word “local”Š and the words “national committee”, respectively.ŠŠ424 Replace the word “election” in the first paragraph byŠ the word “regulated”.ŠŠ425 Replace the first and second paragraphs by theŠ following paragraphs:ŠŠ “425. Every person to whom an amount is due forŠ regulated expenses shall present his claim to theŠ official agent or the local agent not later thanŠ sixty days after polling day. In no case may theŠ regulated expenses be paid by the official agent orŠ the local agent if the claim is presented to himŠ after that period has expired.ŠŠ Where the official agent or local agent has died orŠ resigned and has not been replaced, the claim shallŠ be presented within the same time to the chairman ofŠ the national committee or to the official agent, asŠ the case may be.”ŠŠ426 Replace the section by the following section:ŠŠ “426. Regulated expenses shall be limited so asŠ never to exceed for a national committee, during oneŠ referendum, $1.00 per elector for all theŠ electoral divisions.”.ŠŠ427 Replace the words and figures “sections 426 and 457”Š in the first paragraph by the word and figure “sectionŠ 426”.ŠŠ Replace the second and third paragraphs by theŠ following:ŠŠ “The number is established by the chief electoralŠ officer who shall draw up a certificate thereof andŠ send a copy of the certificate to the chairman and theŠ official agent of each national committee.”.ŠŠ429 Replace the section by the following:ŠŠ “429. All publicity expenses are prohibited withinŠ the 18 days following the day on which the NationalŠ Assembly was informed of the question or billŠ contemplated in section 7 of the Referendum ActŠ (chapter C-64.1).”.ŠŠ430ŠŠ431ŠŠ434 Replace the first paragraph by the followingŠ paragraph:ŠŠ “434. The official agent of each national committeeŠ and, through him, each local agent he has appointedŠ shall, within 90 days after polling day, deliver toŠ the chief electoral officer a return of the regulatedŠ expenses incurred or authorized by them.”ŠŠ Insert, after the second paragraph, the followingŠ paragraph:ŠŠ “The return must, in addition, indicate the name, theŠ complete address of the domicile of, and the amountŠ paid by, each elector whose total contribution to aŠ national committee exceeds $200.”.ŠŠ435 Replace the word “election” and the words and figureŠ “sections 432 and” by the word “regulated” and theŠ word “section”, respectively.ŠŠ436 Replace the words “section 432 and” in the firstŠ paragraph by the word “section”.ŠŠ Replace the words “leader of the party or to theŠ candidates if they so request” in the second paragraphŠ by the words “chairman of the national committee if heŠ so requests”.”.ŠŠ437 Replace the section by the following:ŠŠ “437. In addition to regulated expenses, the officialŠ agent and the local agent must indicate in the returnsŠ prescribed in section 434 the source of the sums paidŠ into the referendum fund put at their disposal.ŠŠ They must also indicateŠŠ (1) the financial institutions with which the sumsŠ collected by the national committee have beenŠ deposited and the account numbers used;ŠŠ (2) the total amount of contributions of $200 or less;ŠŠ (3) the total amount of contributions of over $200;ŠŠ (4) the total of the amounts transferred or loaned byŠ the official representative of an authorized party.”.ŠŠ438 Replace the words and figure “sections 432 and” inŠ the first paragraph by the word “section”.ŠŠ Replace the word “election” in the second paragraphŠ by the word “referendum”.ŠŠ439ŠŠ440 Replace the second paragraph by the followingŠ paragraph:ŠŠ “If the claim is not contested by the official agent,Š he shall forward to the chief electoral officer theŠ necessary additional sum, out of his referendum fund,Š to enable him to discharge the claim.”ŠŠ441 Replace the section by the following section:ŠŠ “441. On filing the return prescribed by sectionŠ 434, the official agent of a national committee shallŠ keep the remaining sums or goods in his referendumŠ fund.ŠŠ The sums and goods may be used only for political,Š religious, scientific or charitable purposes.”ŠŠ443 Replace the words “a candidate or party leader” inŠ the second paragraph by the words “the chairman orŠ official agent of the national committee”.ŠŠ444 Replace the words “a candidate or party leader” byŠ the words “the chairman or official agent of aŠ national committee”.ŠŠ Strike out the figure and word “432 or”.ŠŠ445 Replace the section by the following section:ŠŠ “445. Before filing the return and declarationŠ prescribed in section 434, an official agent and aŠ local agent must have discharged all the claimsŠ received within the period prescribed in section 425Š unless they contest them and indicate them asŠ contested.ŠŠ In no case may the official agent, the local agent orŠ the national committee pay a claim so contested.Š Only the official agent may pay the claim in executionŠ of a judgment of a competent tribunal in favour of theŠ creditor after the hearing of the case and not uponŠ an acquiescence in the demand or an agreement ofŠ settlement.ŠŠ The chief electoral officer may, if no nationalŠ committee objects, authorize the official agent of aŠ national committee to pay a contested claim if theŠ refusal or failure to pay results from bona fideŠ error.”ŠŠ446 Insert the words “or local agent” after the wordŠ “agent”.ŠŠ447 Replace the word “representative” and the wordsŠ “return of election expenses” by the word “agent” andŠ the words “returns of regulated expenses”,Š respectively.ŠŠ448 Replace the section by the following section:ŠŠ “448. The judge having jurisdiction to decide anŠ application under sections 443 to 446 is the chiefŠ judge of the Court of Québec.ŠŠ No application under the first paragraph may beŠ heard without a notice of at least three clear daysŠ to the chief electoral officer and to the chairmanŠ of each national committee.”ŠŠ485 Strike out the second, third and fourth paragraphs.ŠŠ486ŠŠ487 Replace the section by the following section:ŠŠ “487. In respect of the financing of nationalŠ committees and the control of regulated expenses, heŠ shall, in particular,ŠŠ (1) verify that the national committees, officialŠ agents and their deputies and local agents areŠ complying with the provisions of the Act;ŠŠ (2) receive and examine the return of regulatedŠ expenses;ŠŠ (3) inquire into the legality of contributions andŠ regulated expenses.”.ŠŠ488 Replace the words “political parties” in paragraph 4Š by the words “national committees”.ŠŠ Replace, in paragraph 5, the words “political party”Š by the words “national committee”, the wordŠ “candidates” by the word “committees” and the wordŠ “parties” by the words “national committees”.ŠŠ489.1 Strike out the following words: “, the filing ofŠ nomination papers”.ŠŠ490Š Replace the words “election period” in the first lineŠ of the first paragraph by the words “enumerationŠ period and the referendum period”.ŠŠ Replace the words “candidates and the electorsŠ concerned” in the second line of the second paragraphŠ by the words “electors concerned, the nationalŠ committees, it formed, and the official delegates”.ŠŠ491Š toŠ494ŠŠ496 Strike out the first paragraph.ŠŠ In the second paragraph, change in French; no changeŠ necessary in English.ŠŠ497ŠŠ498ŠŠ512ŠŠ551ŠŠ553 Replace the words “at the same election” inŠ paragraph 2 by the words “in the same referendum”.ŠŠ Replace the word “candidate” in paragraph 6 by theŠ words “national committee”.ŠŠ554 Replace the word “election” in paragraph 2 by theŠ word “referendum”.ŠŠ Strike out the words “of election” in paragraph 3.ŠŠ555ŠŠ556 Strike out paragraph 4.ŠŠ557 Replace the word “election” by the word “referendum”.ŠŠ558 Replace the words “every candidate or every personŠ who later becomes a candidate” in subparagraph 1 ofŠ the first paragraph by the words “every officialŠ delegate”.ŠŠ Replace the words “a candidate” in subparagraph 2 ofŠ the first paragraph by the words “an option”.ŠŠ Replace the words “the election of a candidate at anŠ election” in subparagraphs 1 and 2 of the secondŠ paragraph by the words “an option submitted at aŠ referendum”.ŠŠ559 Insert, after the word “agent”, the words “or anyŠ local agent”.ŠŠ Replace the word “election” in paragraph 1 by theŠ word “regulated”.ŠŠ560 Replace the words “candidate or party leader” by theŠ words “chairman or official delegate of a nationalŠ committee” and the word “election” by the wordŠ “regulated”.ŠŠ563 Replace the section by the following section:ŠŠ “563. Every person who fails to file a report orŠ return of regulated expenses is liable to a fine ofŠ $50 for each day of delay.”ŠŠ564 Replace the section by the following section:ŠŠ “564. Every person who contravenes any of sectionsŠ 66, 87, 88, 90 to 93, 95 to 97, 99, 100, 104, 410,Š 413 to 417, 421, 424 and 430 is guilty of an offenceŠ and is liable to a fine of notŠ less than $100 and of not more than $10 000.”ŠŠ565ŠŠ566ŠŠ567 Strike out the following in the first paragraph: “,Š in paragraph 4 of section 556”.ŠŠ Replace the word “election” in the second paragraphŠ by the word “regulated” and insert after the wordŠ “agent” the words “or the local agent”.ŠŠ568 Strike out the second paragraph.ŠŠ569Š toŠ573ŠŠSCHEDULE Replace the words “Election Act (Revised Statutes ofŠ II Québec, chapter E-3.3)” by the words “Referendum ActŠ(Sections (Revised Statutes of Québec, chapter C-64.1)”.Š136, 272)
APPENDIX 2
(Sections 16, 17, 44, 45)ŠŠPROVISIONS APPLICABLE TO THE HOLDING OF A REFERENDUMŠŠELECTION ACT (chapter E-3.3)ŠŠSECTIONS AMENDMENTSŠŠ 1 Strike out the second paragraph.ŠŠ 2 Strike out the words “or registered in the registryŠ of electors outside Québec”.ŠŠ 3ŠŠ 4ŠŠ46 Replace the first paragraph by the followingŠ paragraph:ŠŠ “46. An official agent may resign by sending aŠ written notice to that effect to the chairman of theŠ national committee.”ŠŠ Replace the words “an authorized entity no longer hasŠ an official representative” in the second paragraph byŠ the words “a national committee no longer has anŠ official agent”.ŠŠ Replace the words “an official representative or of aŠ delegate” in the third paragraph by the words “anŠ official agent”.ŠŠ60 Replace the section by the following section:ŠŠ “60. The official agent of a national committee isŠ authorized to solicit and collect contributions untilŠ polling day.ŠŠ After polling day, the official agent is authorizedŠ to solicit and collect contributions only for theŠ purpose of paying the debts arising from hisŠ regulated expenses and to dispose, in accordance withŠ the second paragraph of section 441, of the sums andŠ property derived from his referendum fund.”ŠŠ66 Replace the section by the following section:ŠŠ “66. Where the chairman of a national committeeŠ resigns, he shall so notify the chief electoralŠ officer in writing without delay.”ŠŠ87 Strike out the second paragraph.ŠŠ88 Replace the first paragraph by the followingŠ paragraph:ŠŠ “88. Sums of money donated to a national committeeŠ and services rendered and goods furnished to it forŠ the purposes of promoting an option submitted to aŠ referendum are deemed to be contributions.”ŠŠ Strike out subparagraphs 2 and 3 of the secondŠ paragraph.ŠŠ Replace subparagraph 4 of the second paragraph byŠ the following subparagraph:ŠŠ “(4) a loan granted to a national committee at theŠ current market rate of interest at the time it isŠ granted by an authorized political party;”.ŠŠ Strike out subparagraphs 5 and 6 of the secondŠ paragraph.ŠŠ Replace subparagraph 7 of the second paragraph by theŠ following subparagraph:ŠŠ “(7) air time on the radio or television or space inŠ the newspaper, periodical or other printed matterŠ available free of charge to national committees byŠ any radio, television or cable broadcaster or anyŠ owner of a newspaper, periodical or other printedŠ matter, provided he offers such service equitably asŠ to quality and quantity to each national committee;”.ŠŠ Replace subparagraph 8 of the second paragraph byŠ the following subparagraph:ŠŠ “(8) transfers of funds between:ŠŠ (a) an authorized party and the referendum fund ofŠ a national committee;ŠŠ (b) the referendum fund of a national committee andŠ the referendum fund put at the disposal of a localŠ agent.”ŠŠ90ŠŠ91 Replace the first paragraph by the followingŠ paragraph:ŠŠ “91. The total of contributions to each nationalŠ committee by the same elector in the same referendumŠ shall not exceed the amount of $3 000.”ŠŠ Replace the words “an authorized entity” in theŠ second paragraph by the words “a national committee”.ŠŠ92 Replace the first paragraph by the followingŠ paragraph:ŠŠ “92. Contributions shall not be solicited exceptŠ under the responsibility of the official agent of aŠ national committee, or except through personsŠ designated in writing by the official agent.”ŠŠ Replace the word “representative” in the secondŠ paragraph by the word “agent”.ŠŠ93 Replace the words “representative of the authorizedŠ entity” by the words “agent of the nationalŠ committee”.ŠŠ94 Replace the section by the following section:ŠŠ “94. The local agent has, for the electoral divisionŠ for which he is appointed, the powers conferred onŠ the official agent of the national committee byŠ sections 92, 93 and 96.”ŠŠ95ŠŠ96 Replace the word “representative” by the wordŠ “agent”.ŠŠ97 Replace the words “authorized entity” by the wordsŠ “national committee”.ŠŠ98 Replace the words “authorized entity” by the wordsŠ “national committee”.ŠŠ99 Replace the words “authorized entity” by the wordsŠ “official agent”.ŠŠ100ŠŠ104 Replace the words “representative of an authorizedŠ entity” by the words “agent of a national committee”.ŠŠ105ŠŠ131ŠŠ132 Replace the words “party authority at the level ofŠ the division” in the first paragraph by the wordsŠ “national committee, to each official delegate”.ŠŠ133 Replace the word “election” by the word “referendum”.ŠŠ134 Replace, in the second paragraph,ŠŠ (1) the words “political parties and of candidates”Š by the words “national committees”;ŠŠ (2) the words “election expenses” by the wordsŠ “regulated expenses”.ŠŠ135 Replace the words “particulars that will be containedŠ in” in the fourth and fifth lines by the wordsŠ “question that will appear on”.ŠŠ136ŠŠ137 Strike out the second paragraph.ŠŠ Replace the word “election” in the third paragraph byŠ the word “referendum”.ŠŠ138Š toŠ147ŠŠ148 Replace the section by the following section:ŠŠ “148. The two enumerators shall be appointed by theŠ returning officer, one on the recommendation of theŠ national committee having the greatest number ofŠ Members in the National Assembly and the other onŠ the recommendation of the national committee havingŠ the second greatest number of Members in theŠ National Assembly.”ŠŠ150 Replace the section by the following section:ŠŠ “150. The recommendations are made by the officialŠ delegate.ŠŠ For the purposes of this Act, the expressionŠ “official delegate” means the person appointed asŠ such by the chairman of a national committee toŠ represent him in an electoral division.”ŠŠ151ŠŠ152ŠŠ153 Replace the section by the following section:ŠŠ “153. The returning officer shall post up in hisŠ office and transmit to each official delegate theŠ list of the enumerators he has appointed.ŠŠ The returning officer shall immediately inform theŠ official delegates of any change that is made to theŠ list.”ŠŠ154Š toŠ169ŠŠ170 Replace the words “the authorized parties representedŠ in the National Assembly, to any other authorizedŠ party that applies therefor and to any independentŠ Member” in the first paragraph by the words “eachŠ official delegate”.ŠŠ Strike out the third paragraph.ŠŠ171Š toŠ175ŠŠ176 Replace the word “candidate” by the words “officialŠ delegate”.ŠŠ177Š toŠ187ŠŠ188 Replace the words “candidate and each party authorityŠ at the level of the electoral division” in the firstŠ paragraph by the words “national committee and eachŠ official delegate”.ŠŠ189Š toŠ194ŠŠ195 Replace the second paragraph by the followingŠ paragraph:ŠŠ “The returning officer shall thereupon inform theŠ chief electoral officer, each national committee andŠ each official delegate of the selected places.”ŠŠ196Š toŠ200ŠŠ201 Replace the section by the following section:ŠŠ “201. The revisor recommended by the nationalŠ committee having the greatest number of Members inŠ the National Assembly shall act as chairman of theŠ board of revisors.ŠŠ The revisor recommended by the national committeeŠ having the second greatest number of Members in theŠ National Assembly shall act as vice-chairman.”ŠŠ202 Replace the words “candidate and to each partyŠ authority at the level of the electoral division” byŠ the words “national committee and each officialŠ delegate”.ŠŠ203Š toŠ221ŠŠ222 Replace the word “candidate” by the words “officialŠ delegate”.ŠŠ223ŠŠ224 Replace the word “candidate” by the words “officialŠ delegate”.ŠŠ225Š toŠ230ŠŠ231 Replace the word “candidate” by the words “officialŠ delegate”.ŠŠ232ŠŠ233 Strike out paragraph 2.ŠŠ248 Replace the first and second paragraphs by theŠ following paragraphs:ŠŠ “248. Every employer shall, upon written request,Š grant a leave without pay to an employee who acts asŠ the chairman of a national committee or as anŠ official delegate. The request may be made at anyŠ time from the date of the writ instituting theŠ holding of a referendum.ŠŠ The employee’s leave begins on the day requested byŠ the employee and ends on the thirtieth day followingŠ polling day.”ŠŠ249 Replace the first and second paragraphs by theŠ following paragraphs:ŠŠ “249. Every employer shall, upon written request,Š grant a leave without pay to an employee who acts asŠ the official agent of a national committee. TheŠ request may be made at any time from the date of theŠ writ instituting the holding of a referendum.ŠŠ The employee’s leave begins on the day requested byŠ the employee and ends on the ninetieth day followingŠ polling day.”ŠŠ250Š toŠ255ŠŠ260 Replace the section by the following section:ŠŠ “260. Upon receipt of a copy of the writ, theŠ returning officer shall publish a notice of poll.ŠŠ The notice of poll shall set forthŠŠ (1) the text of the question put to the electors;ŠŠ (2) the days and hours of polling at advance pollingŠ stations;ŠŠ (3) the day and hours of polling at polling stations;ŠŠ (4) the name of every national committee and, forŠ each of them, the given name and surname of theŠ chairman and of the official agent, and, for theŠ division, the given name and surname of the officialŠ delegate and of the local agent.”ŠŠ261 Replace the words “candidate or his mandatary” by theŠ words “official delegate”.ŠŠ262 Replace the words “candidate and each party authorityŠ at the level of the electoral division” in the firstŠ paragraph by the words “official delegate”.ŠŠ263 Replace the figure “317” by the figures “310, 312 toŠ 317”.ŠŠ264ŠŠ265 Strike out the word “, inmates”.ŠŠ266Š toŠ269ŠŠ270 Replace the words “the candidates” by the words “eachŠ official delegate”.ŠŠ271 Replace the words “candidate or his mandatary” in theŠ third paragraph by the words “official candidate”.ŠŠ272ŠŠ273 Replace the words “general election” in the firstŠ paragraph by the word “referendum”.ŠŠ Strike out the word “advance” in the secondŠ paragraph.ŠŠ Replace the words “of his domicile” in the thirdŠ paragraph by the words “where the house of detentionŠ is situated”.ŠŠ274 Replace the word “sixteenth” in the third paragraphŠ by the word “eighth”.ŠŠ275 Strike out the word “advance” in the first paragraph.ŠŠ276 Replace the words “authorized party” by the wordsŠ “official delegate of a national committee”.ŠŠ278ŠŠ279 Replace the section by the following section:ŠŠ “279. The polling station shall be open from 10 a.m.Š to 8 p.m. on polling day.”ŠŠ280 Replace the section by the following section:ŠŠ “280. At the close of the polling station, theŠ procedure set out in sections 360 to 370 shall beŠ followed and the deputy returning officer shall giveŠ the ballot box and the envelope containing the listŠ of electors to the returning officer or the personŠ designated by him.”ŠŠ286Š toŠ292ŠŠ302 Replace the word “candidate” in the third paragraphŠ by the words “official delegate”.ŠŠ303Š toŠ305ŠŠ306 Replace the words “an election” in the firstŠ paragraph by the words “a referendum”.ŠŠ307Š toŠ309ŠŠ310 Replace the section by the following section:ŠŠ “310. In every polling station, the returningŠ officer shall appoint, as deputy returning officer,Š the person recommended by the official delegate ofŠ the national committee which has the greatest numberŠ of Members in the National Assembly.ŠŠ He shall appoint, as poll clerk, the personŠ recommended by the official delegate of the nationalŠ committee which has the second highest number ofŠ Members in the National Assembly.ŠŠ Where the two national committees have an equalŠ number of Members in the National Assembly, theŠ chief electoral officer shall determine, by a drawingŠ of lots, which committee is deemed to have theŠ highest number of Members or, as the case may be, theŠ second highest number of Members in the NationalŠ Assembly.”ŠŠ312ŠŠ313 Replace the word “candidate” in the first paragraphŠ by the words “official delegate”.ŠŠ Replace the word “candidates” in the second paragraphŠ by the words “official delegates”.ŠŠ314ŠŠ315ŠŠ316 Replace the section by the following section:ŠŠ “316. The official delegate of each nationalŠ committee may designate a person and give him a powerŠ of attorney to represent the national committeeŠ before the deputy returning officer or the officer inŠ charge of information and order, or before each ofŠ them.”ŠŠ317 Replace the words “candidate or his mandatary” by theŠ words “official delegate”.ŠŠ318 Replace the words “A candidate” by the words “TheŠ official delegate of each national committee”.ŠŠ319 Replace the words “candidate or his mandatary” by theŠ words “official delegate”.ŠŠ320 Strike out the words “in accordance with the modelŠ provided in Schedule III and” in the first paragraph.ŠŠ321Š toŠ323ŠŠ324 Replace the section by the following section:ŠŠ “324. The ballot paper must contain on the obverseŠ a space specially reserved for the wording of theŠ question.”ŠŠ325Š toŠ327ŠŠ328 Replace the word “candidates” in the second paragraphŠ by the words “national committees”.ŠŠ329Š toŠ333ŠŠ334 Replace the words “candidates and their mandataries”Š by the words “chairmen of national committees andŠ their official delegates”.ŠŠ335Š toŠ341ŠŠ342 Replace the word “candidate” by the words “nationalŠ committee”.ŠŠ343Š toŠ347ŠŠ348 Replace the words “then indicate to him the order inŠ which the candidates appear on the ballot paper andŠ the indications entered under their names, where suchŠ is the case” by the words “read the question andŠ indicate to him the order in which the options appearŠ on the ballot paper”.ŠŠ349ŠŠ350 Replace the word “candidate” in the first paragraph byŠ the words “national committee”.ŠŠ Replace the word “election” in subparagraph 3 of theŠ first paragraph by the word “referendum”, the wordsŠ “a candidate” in subparagraph 4 of the firstŠ paragraph by the words “an option” and the wordŠ “election” in subparagraph 5 of the first paragraphŠ by the word “referendum”.ŠŠ351ŠŠ352 Strike out the word “political” and replace the wordsŠ “a party or candidate” in the first paragraph by theŠ words “one of the options submitted to theŠ referendum”.ŠŠ353Š toŠ355ŠŠ356 Replace the section by the following section:ŠŠ “356. No elector may, on the premises of a pollingŠ station, indicate, in any manner, the option inŠ favour of which he intends to vote or has voted.”ŠŠ357 Replace the section by the following section:ŠŠ “357. No official delegate, representative orŠ election officer may, on the premises of a pollingŠ station, attempt to learn the option in favour ofŠ which an elector intends to vote or has voted.”ŠŠ358 Replace the section by the following section:ŠŠ “358. No official delegate, representative, electionŠ officer or elector who has given assistance toŠ another elector may disclose the option for whichŠ the elector has voted.”ŠŠ359 Replace the word “whom” by the words “which option”.ŠŠ360 Replace the word “candidate” by the words “officialŠ delegate”.ŠŠ361Š toŠ363ŠŠ364 Replace the word “candidate” in subparagraph 4 of theŠ second paragraph by the word “option” and the wordsŠ “a person who is not a candidate” in subparagraph 5Š of the second paragraph by the words “an option whichŠ is not one of the options submitted to theŠ referendum”.ŠŠ365ŠŠ366 Replace the words “a candidate or the representativeŠ of a candidate” by the words “an official delegate orŠ his representative”.ŠŠ367 Replace the word “candidate” in the first paragraphŠ by the word “option”.ŠŠ368 Replace the word “candidate” by the words “officialŠ delegate”.ŠŠ369ŠŠ370ŠŠ371 Replace the words “candidate or his mandatary” in theŠ first paragraph by the words “official delegate”.ŠŠ Replace the words “candidate, mandatary” in theŠ second paragraph by the words “official delegate”.ŠŠ372 Replace the word “candidate” in the first paragraphŠ by the word “option”.ŠŠ Strike out the second paragraph.ŠŠ373ŠŠ374ŠŠ375 Replace the words “declare elected the candidate who”Š in the first paragraph by the words “announce theŠ option which”.ŠŠ377 Replace the words “declare elected the candidate who”Š and the word “candidate” in the first paragraph byŠ the words “issue a declaration indicating the optionŠ which” and the words “official delegate”,Š respectively.ŠŠ378 Replace the word “election” in the first paragraph byŠ the word “referendum”.ŠŠ379 Replace the word “election” by the word “referendum”.ŠŠ380 Replace the section by the following section:ŠŠ “380. The chief electoral officer shall, as soon asŠ possible, publish a notice in the Gazette officielleŠ du Québec indicating, for each electoral division,Š the number of votes for each of the optionsŠ appearing on the ballot paper.”ŠŠ381 Replace the word “election” which appears twice inŠ the first paragraph by the word “referendum”.ŠŠ402 Replace the section by the following section:ŠŠ “402. The cost of any goods or services used duringŠ the referendum period to promote or oppose, directlyŠ or indirectly, an option submitted to a referendum isŠ a regulated expense.”ŠŠ403 Replace the words “election period” by the wordsŠ “referendum period”.ŠŠ Replace the words “election expenses” by the wordsŠ “regulated expenses”.ŠŠ404 Replace the word “election” in the first paragraph byŠ the word “regulated”.ŠŠ Replace the word “election” wherever it appears inŠ paragraph 1 by the word “referendum”.ŠŠ Strike out paragraphs 4 and 5.ŠŠ Replace the words “a candidate or any other” and theŠ word “election” in paragraph 6 by the word “any” andŠ the word “referendum”, respectively.ŠŠ Strike out paragraph 7.ŠŠ Strike out the words “other than a candidate” inŠ paragraph 8.ŠŠ Replace the words “a candidate or a party” inŠ paragraph 9 by the words “an option submitted toŠ the referendum”.ŠŠ Replace the words “the party” in paragraph 10 by theŠ words “an authorized party”.ŠŠ Replace the words “election period”, the wordŠ “representative”, the words “election expenses”,Š which appear twice, and the words “election expense”Š in paragraph 11 by the words “referendum period”,Š the word “agent”, the words “regulated expenses” andŠ the words “regulated expense”, respectively.ŠŠ405 Replace the words “election expenses, an authorizedŠ party” in the first paragraph by the words “regulatedŠ expenses, a national committee”.ŠŠ Replace the second paragraph by the followingŠ paragraph:ŠŠ “The official agent shall be appointed by theŠ chairman of the national committee who shall notifyŠ it to the chief electoral officer.”ŠŠ Replace the words “leader of the party” in the thirdŠ paragraph by the words “chairman of the nationalŠ committee”.ŠŠ Replace the words “a party” in the fourth paragraphŠ by the words “a national committee”.ŠŠ406 Replace the first paragraph by the followingŠ paragraphs:ŠŠ “406. The official agent of a national committeeŠ may, with the approval of the chairman of theŠ national committee, appoint the required number ofŠ deputies and, for each electoral division, a localŠ agent.ŠŠ The official agent may give them a mandate to incurŠ or authorize regulated expenses up to the amount heŠ fixes in their deed of appointment. The amount mayŠ be changed at any time, in writing, by the officialŠ agent before he files his return of regulatedŠ expenses.”ŠŠ Replace the word “election” in the second paragraphŠ by the word “regulated”.ŠŠ Replace the word “party” in the third paragraph byŠ the words “national committee”.ŠŠ407 Replace the first paragraph by the followingŠ paragraph:ŠŠ “407. An official agent or local agent may, inŠ writing, authorize an advertising agency to incur orŠ order regulated expenses up to the amount he fixesŠ in the authorization. That amount may be changed, byŠ the official agent or the local agent, as the caseŠ may be, in writing, at any time before he files hisŠ return of regulated expenses.”ŠŠ Insert the words “or the local agent, as the case mayŠ be” after the word “agent” in the second paragraph.ŠŠ410 Replace the section by the following section:ŠŠ “410. If the official agent dismisses a local agent,Š he shall notify it in writing to the returningŠ officer. He may appoint another local agent.”ŠŠ411 Replace the words “an official agent” in the firstŠ paragraph by the words “a local agent”.ŠŠ Replace the words “an official agent” and the wordsŠ “candidate or his mandatary” in the second paragraphŠ by the words “a local agent” and the words “officialŠ delegate”, respectively.ŠŠ412 Replace the section by the following section:ŠŠ “412. No person may act as the official agent of aŠ national committee, his deputy or a local agentŠ unless he is qualified to vote.”ŠŠ413 Replace the section by the following section:ŠŠ “413. During a referendum period, only the officialŠ agent of a national committee, his deputy or a localŠ agent may incur or authorize regulated expenses.”ŠŠ414 Replace the section by the following section:ŠŠ “414. An official agent, his deputy or a localŠ agent shall pay the cost of regulated expenses onlyŠ out of a referendum fund.”ŠŠ415 Replace the section by the following section:ŠŠ “415. No goods or services whose cost in wholly orŠ partly a regulated expense contemplated in sectionŠ 403 may be used during a referendum period except byŠ the official agent of a national committee, hisŠ deputy or a local agent, or with his authorization.”ŠŠ416 Replace the section by the following section:ŠŠ “416. No person may accept or execute an order forŠ regulated expenses not given or authorized by theŠ official agent of a national committee, his deputy,Š a local agent or authorized advertising agency.”ŠŠ417 Replace the words “election expense” and “electionŠ period” in the first paragraph by the wordsŠ “regulated expense” and “referendum period”,Š respectively.ŠŠ421 Replace the words “an election” in the first paragraphŠ by the words “a referendum”.ŠŠ Replace the words “or deputy” in the first, secondŠ and third paragraphs by the words “, deputy or localŠ agent”.ŠŠ422 Replace the words “the official agents of severalŠ candidates”, the word “official” and the word “party”Š by the words “several local agents”, the word “local”Š and the words “national committee”, respectively.ŠŠ424 Replace the word “election” in the first paragraph byŠ the word “regulated”.ŠŠ425 Replace the first and second paragraphs by theŠ following paragraphs:ŠŠ “425. Every person to whom an amount is due forŠ regulated expenses shall present his claim to theŠ official agent or the local agent not later thanŠ sixty days after polling day. In no case may theŠ regulated expenses be paid by the official agent orŠ the local agent if the claim is presented to himŠ after that period has expired.ŠŠ Where the official agent or local agent has died orŠ resigned and has not been replaced, the claim shallŠ be presented within the same time to the chairman ofŠ the national committee or to the official agent, asŠ the case may be.”ŠŠ426 Replace the section by the following section:ŠŠ “426. Regulated expenses shall be limited so asŠ never to exceed for a national committee, during oneŠ referendum, 50 cents per elector for all theŠ electoral divisions.”ŠŠ429 Replace the word “election” by the word “referendum”.ŠŠ430ŠŠ431ŠŠ434 Replace the first paragraph by the followingŠ paragraph:ŠŠ “434. The official agent of each national committeeŠ and, through him, each local agent he has appointedŠ shall, within ninety days after polling day, deliverŠ to the chief electoral officer a return of theŠ regulated expenses incurred or authorized by them.”ŠŠ435 Replace the word “election” and the words and figureŠ “sections 432 and” by the word “regulated” and theŠ word “section”, respectively.ŠŠ436 Replace the words and figure “sections 432 and” inŠ the first paragraph by the word “section”.ŠŠ Insert, after the first paragraph, the followingŠ paragraph:ŠŠ “The receipts issued for the contributions, for anyŠ amount whatever, must however remain confidential.”ŠŠ Replace the words “leader of the party or to theŠ candidates” and the words “they so request” in theŠ second paragraph by the words “chairman of theŠ national committee” and the words “he so requests”,Š respectively.ŠŠ437 Replace the section by the following section:ŠŠ “437. In addition to regulated expenses, theŠ official agent and the local agent shall indicate inŠ the returns prescribed in section 434 the source ofŠ the sums paid into the referendum fund put at theirŠ disposal.ŠŠ They shall also indicateŠŠ (1) the financial institutions with which the sumsŠ collected by the national committee have beenŠ deposited and the account numbers used;ŠŠ (2) the total amount of contributions of $100 orŠ less;ŠŠ (3) the total amount of contributions of over $100;ŠŠ (4) the total value of the goods and servicesŠ furnished free of charge;ŠŠ (5) the total of the amounts transferred or loanedŠ by the official representative of an authorizedŠ party.”ŠŠ438 Replace the words and figure “sections 432 and” inŠ the first paragraph by the word “section”.ŠŠ Replace the word “election” in the second paragraphŠ by the word “referendum”.ŠŠ439ŠŠ440 Replace the second paragraph by the followingŠ paragraph:ŠŠ “If the claim is not contested by the official agent,Š he shall forward to the chief electoral officer theŠ necessary additional sum, out of his referendum fund,Š to enable him to discharge the claim.”ŠŠ441 Replace the section by the following section:ŠŠ “441. On filing the return prescribed by sectionŠ 434, the official agent of a national committee shallŠ keep the remaining sums or goods in his referendumŠ fund.ŠŠ The sums and goods may be used only for political,Š religious, scientific or charitable purposes.”ŠŠ443 Replace the words “a candidate or party leader” inŠ the second paragraph by the words “the chairman orŠ official agent of the national committee”.ŠŠ444 Replace the words “a candidate or party leader” byŠ the words “the chairman or official agent of aŠ national committee”.ŠŠ Strike out the figure and word “432 or”.ŠŠ445 Replace the section by the following section:ŠŠ “445. Before filing the return and declarationŠ prescribed in section 434, an official agent and aŠ local agent must have discharged all the claimsŠ received within the period prescribed in section 425Š unless they contest them and indicate them asŠ contested.ŠŠ In no case may the official agent, the local agent orŠ the national committee pay a claim so contested.Š Only the official agent may pay the claim in executionŠ of a judgment of a competent tribunal in favour of theŠ creditor after the hearing of the case and not uponŠ an acquiescence in the demand or an agreement ofŠ settlement.ŠŠ The chief electoral officer may, if no nationalŠ committee objects, authorize the official agent of aŠ national committee to pay a contested claim if theŠ refusal or failure to pay results from bona fideŠ error.”ŠŠ446 Insert the words “or local agent” after the wordŠ “agent”.ŠŠ447 Replace the word “representative” and the wordsŠ “return of election expenses” by the word “agent” andŠ the words “returns of regulated expenses”,Š respectively.ŠŠ448 Replace the section by the following section:ŠŠ “448. The judge having jurisdiction to decide anŠ application under sections 443 to 446 is the chiefŠ judge of the Court of Québec.ŠŠ No application under the first paragraph may beŠ heard without a notice of at least three clear daysŠ to the chief electoral officer and to the chairmanŠ of each national committee.”ŠŠ485 Strike out the second and third paragraphs.ŠŠ486ŠŠ487 Replace the section by the following section:ŠŠ “487. In respect of the financing of nationalŠ committees and the control of regulated expenses, heŠ shall, in particular,ŠŠ (1) verify that the national committees, officialŠ agents and their deputies and local agents areŠ complying with the provisions of the Act;ŠŠ (2) receive and examine the return of regulatedŠ expenses;ŠŠ (3) inquire into the legality of contributions andŠ regulated expenses.”ŠŠ488 Replace the words “political parties” in paragraph 4Š by the words “national committees”.ŠŠ Replace, in paragraph 5, the words “political party”Š by the words “national committee”, the wordŠ “candidates” by the word “committees” and the wordŠ “parties” by the words “national committees”.ŠŠ491Š toŠ494ŠŠ496 Strike out the first paragraph.ŠŠ In the second paragraph, change in French; no changeŠ necessary in English.ŠŠ497ŠŠ498ŠŠ512ŠŠ551ŠŠ553 Replace the words “at the same election” inŠ paragraph 2 by the words “in the same referendum”.ŠŠ Replace the word “candidate” in paragraph 6 by theŠ words “national committee”.ŠŠ554 Replace the word “election” in paragraph 2 by theŠ word “referendum”.ŠŠ Strike out the words “of election” in paragraph 3.ŠŠ555ŠŠ556 Strike out paragraph 4.ŠŠ557 Replace the word “election” by the word “referendum”.ŠŠ558 Replace the words “every candidate or every personŠ who later becomes a candidate” in subparagraph 1 ofŠ the first paragraph by the words “every officialŠ delegate”.ŠŠ Replace the words “a candidate” in subparagraph 2 ofŠ the first paragraph by the words “an option”.ŠŠ Replace the words “the election of a candidate at anŠ election” in subparagraphs 1 and 2 of the secondŠ paragraph by the words “an option submitted at aŠ referendum”.ŠŠ559 Insert, after the word “agent”, the words “or anyŠ local agent”.ŠŠ Replace the word “election” in paragraph 1 by theŠ word “regulated”.ŠŠ560 Replace the words “candidate or party leader” by theŠ words “chairman or official delegate of a nationalŠ committee” and the word “election” by the wordŠ “regulated”.ŠŠ563 Replace the section by the following section:ŠŠ “563. Every person who fails to file a report orŠ return of regulated expenses is liable to a fine ofŠ $50 for each day of delay.”ŠŠ564 Replace the section by the following section:ŠŠ “564. Every person who contravenes any of sectionsŠ 66, 87, 88, 90 to 93, 95 to 97, 99, 100, 104, 410,Š 413 to 417, 421, 424 and 430 is guilty of an offenceŠ and is liable to a fine of notŠ less than $100 and of not more than $10 000.”ŠŠ565ŠŠ566ŠŠ567 Strike out the following in the first paragraph: “,Š in paragraph 4 of section 556”.ŠŠ Replace the word “election” in the second paragraphŠ by the word “regulated” and insert after the wordŠ “agent” the words “or the local agent”.ŠŠ568 Strike out the second paragraph.ŠŠ569Š toŠ573
APPENDIX 2
(Sections 16, 17, 44, 45)ŠŠPROVISIONS APPLICABLE TO THE HOLDING OF A REFERENDUMŠŠELECTION ACT (chapter E-3.3)ŠŠSECTIONS AMENDMENTSŠŠ 1 Strike out the second paragraph.ŠŠ 2 Strike out the words “or registered in the registryŠ of electors outside Québec”.ŠŠ 3ŠŠ 4ŠŠ46 Replace the first paragraph by the followingŠ paragraph:ŠŠ “46. An official agent may resign by sending aŠ written notice to that effect to the chairman of theŠ national committee.”ŠŠ Replace the words “an authorized entity no longer hasŠ an official representative” in the second paragraph byŠ the words “a national committee no longer has anŠ official agent”.ŠŠ Replace the words “an official representative or of aŠ delegate” in the third paragraph by the words “anŠ official agent”.ŠŠ60 Replace the section by the following section:ŠŠ “60. The official agent of a national committee isŠ authorized to solicit and collect contributions untilŠ polling day.ŠŠ After polling day, the official agent is authorizedŠ to solicit and collect contributions only for theŠ purpose of paying the debts arising from hisŠ regulated expenses and to dispose, in accordance withŠ the second paragraph of section 441, of the sums andŠ property derived from his referendum fund.”ŠŠ66 Replace the section by the following section:ŠŠ “66. Where the chairman of a national committeeŠ resigns, he shall so notify the chief electoralŠ officer in writing without delay.”ŠŠ87 Strike out the second paragraph.ŠŠ88 Replace the first paragraph by the followingŠ paragraph:ŠŠ “88. Sums of money donated to a national committeeŠ and services rendered and goods furnished to it forŠ the purposes of promoting an option submitted to aŠ referendum are deemed to be contributions.”ŠŠ Strike out subparagraphs 2 and 3 of the secondŠ paragraph.ŠŠ Replace subparagraph 4 of the second paragraph byŠ the following subparagraph:ŠŠ “(4) a loan granted to a national committee at theŠ current market rate of interest at the time it isŠ granted by an authorized political party;”.ŠŠ Strike out subparagraphs 5 and 6 of the secondŠ paragraph.ŠŠ Replace subparagraph 7 of the second paragraph by theŠ following subparagraph:ŠŠ “(7) air time on the radio or television or space inŠ the newspaper, periodical or other printed matterŠ available free of charge to national committees byŠ any radio, television or cable broadcaster or anyŠ owner of a newspaper, periodical or other printedŠ matter, provided he offers such service equitably asŠ to quality and quantity to each national committee;”.ŠŠ Replace subparagraph 8 of the second paragraph byŠ the following subparagraph:ŠŠ “(8) transfers of funds between:ŠŠ (a) an authorized party and the referendum fund ofŠ a national committee;ŠŠ (b) the referendum fund of a national committee andŠ the referendum fund put at the disposal of a localŠ agent.”ŠŠ90ŠŠ91 Replace the first paragraph by the followingŠ paragraph:ŠŠ “91. The total of contributions to each nationalŠ committee by the same elector in the same referendumŠ shall not exceed the amount of $3 000.”ŠŠ Replace the words “an authorized entity” in theŠ second paragraph by the words “a national committee”.ŠŠ92 Replace the first paragraph by the followingŠ paragraph:ŠŠ “92. Contributions shall not be solicited exceptŠ under the responsibility of the official agent of aŠ national committee, or except through personsŠ designated in writing by the official agent.”ŠŠ Replace the word “representative” in the secondŠ paragraph by the word “agent”.ŠŠ93 Replace the words “representative of the authorizedŠ entity” by the words “agent of the nationalŠ committee”.ŠŠ94 Replace the section by the following section:ŠŠ “94. The local agent has, for the electoral divisionŠ for which he is appointed, the powers conferred onŠ the official agent of the national committee byŠ sections 92, 93 and 96.”ŠŠ95ŠŠ96 Replace the word “representative” by the wordŠ “agent”.ŠŠ97 Replace the words “authorized entity” by the wordsŠ “national committee”.ŠŠ98 Replace the words “authorized entity” by the wordsŠ “national committee”.ŠŠ99 Replace the words “authorized entity” by the wordsŠ “official agent”.ŠŠ100ŠŠ104 Replace the words “representative of an authorizedŠ entity” by the words “agent of a national committee”.ŠŠ105ŠŠ131ŠŠ132 Replace the words “party authority at the level ofŠ the division” in the first paragraph by the wordsŠ “national committee, to each official delegate”.ŠŠ133 Replace the word “election” by the word “referendum”.ŠŠ134 Replace, in the second paragraph,ŠŠ (1) the words “political parties and of candidates”Š by the words “national committees”;ŠŠ (2) the words “election expenses” by the wordsŠ “regulated expenses”.ŠŠ135 Replace the words “particulars that will be containedŠ in” in the fourth and fifth lines by the wordsŠ “question that will appear on”.ŠŠ136ŠŠ137 Strike out the second paragraph.ŠŠ Replace the word “election” in the third paragraph byŠ the word “referendum”.ŠŠ138Š toŠ147ŠŠ148 Replace the section by the following section:ŠŠ “148. The two enumerators shall be appointed by theŠ returning officer, one on the recommendation of theŠ national committee having the greatest number ofŠ Members in the National Assembly and the other onŠ the recommendation of the national committee havingŠ the second greatest number of Members in theŠ National Assembly.”ŠŠ150 Replace the section by the following section:ŠŠ “150. The recommendations are made by the officialŠ delegate.ŠŠ For the purposes of this Act, the expressionŠ “official delegate” means the person appointed asŠ such by the chairman of a national committee toŠ represent him in an electoral division.”ŠŠ151ŠŠ152ŠŠ153 Replace the section by the following section:ŠŠ “153. The returning officer shall post up in hisŠ office and transmit to each official delegate theŠ list of the enumerators he has appointed.ŠŠ The returning officer shall immediately inform theŠ official delegates of any change that is made to theŠ list.”ŠŠ154Š toŠ169ŠŠ170 Replace the words “the authorized parties representedŠ in the National Assembly, to any other authorizedŠ party that applies therefor and to any independentŠ Member” in the first paragraph by the words “eachŠ official delegate”.ŠŠ Strike out the third paragraph.ŠŠ171Š toŠ175ŠŠ176 Replace the word “candidate” by the words “officialŠ delegate”.ŠŠ177Š toŠ187ŠŠ188 Replace the words “candidate and each party authorityŠ at the level of the electoral division” in the firstŠ paragraph by the words “national committee and eachŠ official delegate”.ŠŠ189Š toŠ194ŠŠ195 Replace the second paragraph by the followingŠ paragraph:ŠŠ “The returning officer shall thereupon inform theŠ chief electoral officer, each national committee andŠ each official delegate of the selected places.”ŠŠ196Š toŠ200ŠŠ201 Replace the section by the following section:ŠŠ “201. The revisor recommended by the nationalŠ committee having the greatest number of Members inŠ the National Assembly shall act as chairman of theŠ board of revisors.ŠŠ The revisor recommended by the national committeeŠ having the second greatest number of Members in theŠ National Assembly shall act as vice-chairman.”ŠŠ202 Replace the words “candidate and to each partyŠ authority at the level of the electoral division” byŠ the words “national committee and each officialŠ delegate”.ŠŠ203Š toŠ221ŠŠ222 Replace the word “candidate” by the words “officialŠ delegate”.ŠŠ223ŠŠ224 Replace the word “candidate” by the words “officialŠ delegate”.ŠŠ225Š toŠ230ŠŠ231 Replace the word “candidate” by the words “officialŠ delegate”.ŠŠ232ŠŠ233 Strike out paragraph 2.ŠŠ248 Replace the first and second paragraphs by theŠ following paragraphs:ŠŠ “248. Every employer shall, upon written request,Š grant a leave without pay to an employee who acts asŠ the chairman of a national committee or as anŠ official delegate. The request may be made at anyŠ time from the date of the writ instituting theŠ holding of a referendum.ŠŠ The employee’s leave begins on the day requested byŠ the employee and ends on the thirtieth day followingŠ polling day.”ŠŠ249 Replace the first and second paragraphs by theŠ following paragraphs:ŠŠ “249. Every employer shall, upon written request,Š grant a leave without pay to an employee who acts asŠ the official agent of a national committee. TheŠ request may be made at any time from the date of theŠ writ instituting the holding of a referendum.ŠŠ The employee’s leave begins on the day requested byŠ the employee and ends on the ninetieth day followingŠ polling day.”ŠŠ250Š toŠ255ŠŠ260 Replace the section by the following section:ŠŠ “260. Upon receipt of a copy of the writ, theŠ returning officer shall publish a notice of poll.ŠŠ The notice of poll shall set forthŠŠ (1) the text of the question put to the electors;ŠŠ (2) the days and hours of polling at advance pollingŠ stations;ŠŠ (3) the day and hours of polling at polling stations;ŠŠ (4) the name of every national committee and, forŠ each of them, the given name and surname of theŠ chairman and of the official agent, and, for theŠ division, the given name and surname of the officialŠ delegate and of the local agent.”ŠŠ261 Replace the words “candidate or his mandatary” by theŠ words “official delegate”.ŠŠ262 Replace the words “candidate and each party authorityŠ at the level of the electoral division” in the firstŠ paragraph by the words “official delegate”.ŠŠ263 Replace the figure “317” by the figures “310, 312 toŠ 317”.ŠŠ264ŠŠ265 Strike out the word “, inmates”.ŠŠ266Š toŠ269ŠŠ270 Replace the words “the candidates” by the words “eachŠ official delegate”.ŠŠ271 Replace the words “candidate or his mandatary” in theŠ third paragraph by the words “official candidate”.ŠŠ272ŠŠ273 Replace the words “general election” in the firstŠ paragraph by the word “referendum”.ŠŠ Strike out the word “advance” in the secondŠ paragraph.ŠŠ Replace the words “of his domicile” in the thirdŠ paragraph by the words “where the house of detentionŠ is situated”.ŠŠ274 Replace the word “sixteenth” in the third paragraphŠ by the word “eighth”.ŠŠ275 Strike out the word “advance” in the first paragraph.ŠŠ276 Replace the words “authorized party” by the wordsŠ “official delegate of a national committee”.ŠŠ278ŠŠ279 Replace the section by the following section:ŠŠ “279. The polling station shall be open from 10 a.m.Š to 8 p.m. on polling day.”ŠŠ280 Replace the section by the following section:ŠŠ “280. At the close of the polling station, theŠ procedure set out in sections 360 to 370 shall beŠ followed and the deputy returning officer shall giveŠ the ballot box and the envelope containing the listŠ of electors to the returning officer or the personŠ designated by him.”ŠŠ286Š toŠ292ŠŠ302 Replace the word “candidate” in the third paragraphŠ by the words “official delegate”.ŠŠ303Š toŠ305ŠŠ306 Replace the words “an election” in the firstŠ paragraph by the words “a referendum”.ŠŠ307Š toŠ309ŠŠ310 Replace the section by the following section:ŠŠ “310. In every polling station, the returningŠ officer shall appoint, as deputy returning officer,Š the person recommended by the official delegate ofŠ the national committee which has the greatest numberŠ of Members in the National Assembly.ŠŠ He shall appoint, as poll clerk, the personŠ recommended by the official delegate of the nationalŠ committee which has the second highest number ofŠ Members in the National Assembly.ŠŠ Where the two national committees have an equalŠ number of Members in the National Assembly, theŠ chief electoral officer shall determine, by a drawingŠ of lots, which committee is deemed to have theŠ highest number of Members or, as the case may be, theŠ second highest number of Members in the NationalŠ Assembly.”ŠŠ312ŠŠ313 Replace the word “candidate” in the first paragraphŠ by the words “official delegate”.ŠŠ Replace the word “candidates” in the second paragraphŠ by the words “official delegates”.ŠŠ314ŠŠ315ŠŠ316 Replace the section by the following section:ŠŠ “316. The official delegate of each nationalŠ committee may designate a person and give him a powerŠ of attorney to represent the national committeeŠ before the deputy returning officer or the officer inŠ charge of information and order, or before each ofŠ them.”ŠŠ317 Replace the words “candidate or his mandatary” by theŠ words “official delegate”.ŠŠ318 Replace the words “A candidate” by the words “TheŠ official delegate of each national committee”.ŠŠ319 Replace the words “candidate or his mandatary” by theŠ words “official delegate”.ŠŠ320 Strike out the words “in accordance with the modelŠ provided in Schedule III and” in the first paragraph.ŠŠ321Š toŠ323ŠŠ324 Replace the section by the following section:ŠŠ “324. The ballot paper must contain on the obverseŠ a space specially reserved for the wording of theŠ question.”ŠŠ325Š toŠ327ŠŠ328 Replace the word “candidates” in the second paragraphŠ by the words “national committees”.ŠŠ329Š toŠ333ŠŠ334 Replace the words “candidates and their mandataries”Š by the words “chairmen of national committees andŠ their official delegates”.ŠŠ335Š toŠ341ŠŠ342 Replace the word “candidate” by the words “nationalŠ committee”.ŠŠ343Š toŠ347ŠŠ348 Replace the words “then indicate to him the order inŠ which the candidates appear on the ballot paper andŠ the indications entered under their names, where suchŠ is the case” by the words “read the question andŠ indicate to him the order in which the options appearŠ on the ballot paper”.ŠŠ349ŠŠ350 Replace the word “candidate” in the first paragraph byŠ the words “national committee”.ŠŠ Replace the word “election” in subparagraph 3 of theŠ first paragraph by the word “referendum”, the wordsŠ “a candidate” in subparagraph 4 of the firstŠ paragraph by the words “an option” and the wordŠ “election” in subparagraph 5 of the first paragraphŠ by the word “referendum”.ŠŠ351ŠŠ352 Strike out the word “political” and replace the wordsŠ “a party or candidate” in the first paragraph by theŠ words “one of the options submitted to theŠ referendum”.ŠŠ353Š toŠ355ŠŠ356 Replace the section by the following section:ŠŠ “356. No elector may, on the premises of a pollingŠ station, indicate, in any manner, the option inŠ favour of which he intends to vote or has voted.”ŠŠ357 Replace the section by the following section:ŠŠ “357. No official delegate, representative orŠ election officer may, on the premises of a pollingŠ station, attempt to learn the option in favour ofŠ which an elector intends to vote or has voted.”ŠŠ358 Replace the section by the following section:ŠŠ “358. No official delegate, representative, electionŠ officer or elector who has given assistance toŠ another elector may disclose the option for whichŠ the elector has voted.”ŠŠ359 Replace the word “whom” by the words “which option”.ŠŠ360 Replace the word “candidate” by the words “officialŠ delegate”.ŠŠ361Š toŠ363ŠŠ364 Replace the word “candidate” in subparagraph 4 of theŠ second paragraph by the word “option” and the wordsŠ “a person who is not a candidate” in subparagraph 5Š of the second paragraph by the words “an option whichŠ is not one of the options submitted to theŠ referendum”.ŠŠ365ŠŠ366 Replace the words “a candidate or the representativeŠ of a candidate” by the words “an official delegate orŠ his representative”.ŠŠ367 Replace the word “candidate” in the first paragraphŠ by the word “option”.ŠŠ368 Replace the word “candidate” by the words “officialŠ delegate”.ŠŠ369ŠŠ370ŠŠ371 Replace the words “candidate or his mandatary” in theŠ first paragraph by the words “official delegate”.ŠŠ Replace the words “candidate, mandatary” in theŠ second paragraph by the words “official delegate”.ŠŠ372 Replace the word “candidate” in the first paragraphŠ by the word “option”.ŠŠ Strike out the second paragraph.ŠŠ373ŠŠ374ŠŠ375 Replace the words “declare elected the candidate who”Š in the first paragraph by the words “announce theŠ option which”.ŠŠ377 Replace the words “declare elected the candidate who”Š and the word “candidate” in the first paragraph byŠ the words “issue a declaration indicating the optionŠ which” and the words “official delegate”,Š respectively.ŠŠ378 Replace the word “election” in the first paragraph byŠ the word “referendum”.ŠŠ379 Replace the word “election” by the word “referendum”.ŠŠ380 Replace the section by the following section:ŠŠ “380. The chief electoral officer shall, as soon asŠ possible, publish a notice in the Gazette officielleŠ du Québec indicating, for each electoral division,Š the number of votes for each of the optionsŠ appearing on the ballot paper.”ŠŠ381 Replace the word “election” which appears twice inŠ the first paragraph by the word “referendum”.ŠŠ402 Replace the section by the following section:ŠŠ “402. The cost of any goods or services used duringŠ the referendum period to promote or oppose, directlyŠ or indirectly, an option submitted to a referendum isŠ a regulated expense.”ŠŠ403 Replace the words “election period” by the wordsŠ “referendum period”.ŠŠ Replace the words “election expenses” by the wordsŠ “regulated expenses”.ŠŠ404 Replace the word “election” in the first paragraph byŠ the word “regulated”.ŠŠ Replace the word “election” wherever it appears inŠ paragraph 1 by the word “referendum”.ŠŠ Strike out paragraphs 4 and 5.ŠŠ Replace the words “a candidate or any other” and theŠ word “election” in paragraph 6 by the word “any” andŠ the word “referendum”, respectively.ŠŠ Strike out paragraph 7.ŠŠ Strike out the words “other than a candidate” inŠ paragraph 8.ŠŠ Replace the words “a candidate or a party” inŠ paragraph 9 by the words “an option submitted toŠ the referendum”.ŠŠ Replace the words “the party” in paragraph 10 by theŠ words “an authorized party”.ŠŠ Replace the words “election period”, the wordŠ “representative”, the words “election expenses”,Š which appear twice, and the words “election expense”Š in paragraph 11 by the words “referendum period”,Š the word “agent”, the words “regulated expenses” andŠ the words “regulated expense”, respectively.ŠŠ405 Replace the words “election expenses, an authorizedŠ party” in the first paragraph by the words “regulatedŠ expenses, a national committee”.ŠŠ Replace the second paragraph by the followingŠ paragraph:ŠŠ “The official agent shall be appointed by theŠ chairman of the national committee who shall notifyŠ it to the chief electoral officer.”ŠŠ Replace the words “leader of the party” in the thirdŠ paragraph by the words “chairman of the nationalŠ committee”.ŠŠ Replace the words “a party” in the fourth paragraphŠ by the words “a national committee”.ŠŠ406 Replace the first paragraph by the followingŠ paragraphs:ŠŠ “406. The official agent of a national committeeŠ may, with the approval of the chairman of theŠ national committee, appoint the required number ofŠ deputies and, for each electoral division, a localŠ agent.ŠŠ The official agent may give them a mandate to incurŠ or authorize regulated expenses up to the amount heŠ fixes in their deed of appointment. The amount mayŠ be changed at any time, in writing, by the officialŠ agent before he files his return of regulatedŠ expenses.”ŠŠ Replace the word “election” in the second paragraphŠ by the word “regulated”.ŠŠ Replace the word “party” in the third paragraph byŠ the words “national committee”.ŠŠ407 Replace the first paragraph by the followingŠ paragraph:ŠŠ “407. An official agent or local agent may, inŠ writing, authorize an advertising agency to incur orŠ order regulated expenses up to the amount he fixesŠ in the authorization. That amount may be changed, byŠ the official agent or the local agent, as the caseŠ may be, in writing, at any time before he files hisŠ return of regulated expenses.”ŠŠ Insert the words “or the local agent, as the case mayŠ be” after the word “agent” in the second paragraph.ŠŠ410 Replace the section by the following section:ŠŠ “410. If the official agent dismisses a local agent,Š he shall notify it in writing to the returningŠ officer. He may appoint another local agent.”ŠŠ411 Replace the words “an official agent” in the firstŠ paragraph by the words “a local agent”.ŠŠ Replace the words “an official agent” and the wordsŠ “candidate or his mandatary” in the second paragraphŠ by the words “a local agent” and the words “officialŠ delegate”, respectively.ŠŠ412 Replace the section by the following section:ŠŠ “412. No person may act as the official agent of aŠ national committee, his deputy or a local agentŠ unless he is qualified to vote.”ŠŠ413 Replace the section by the following section:ŠŠ “413. During a referendum period, only the officialŠ agent of a national committee, his deputy or a localŠ agent may incur or authorize regulated expenses.”ŠŠ414 Replace the section by the following section:ŠŠ “414. An official agent, his deputy or a localŠ agent shall pay the cost of regulated expenses onlyŠ out of a referendum fund.”ŠŠ415 Replace the section by the following section:ŠŠ “415. No goods or services whose cost in wholly orŠ partly a regulated expense contemplated in sectionŠ 403 may be used during a referendum period except byŠ the official agent of a national committee, hisŠ deputy or a local agent, or with his authorization.”ŠŠ416 Replace the section by the following section:ŠŠ “416. No person may accept or execute an order forŠ regulated expenses not given or authorized by theŠ official agent of a national committee, his deputy,Š a local agent or authorized advertising agency.”ŠŠ417 Replace the words “election expense” and “electionŠ period” in the first paragraph by the wordsŠ “regulated expense” and “referendum period”,Š respectively.ŠŠ421 Replace the words “an election” in the first paragraphŠ by the words “a referendum”.ŠŠ Replace the words “or deputy” in the first, secondŠ and third paragraphs by the words “, deputy or localŠ agent”.ŠŠ422 Replace the words “the official agents of severalŠ candidates”, the word “official” and the word “party”Š by the words “several local agents”, the word “local”Š and the words “national committee”, respectively.ŠŠ424 Replace the word “election” in the first paragraph byŠ the word “regulated”.ŠŠ425 Replace the first and second paragraphs by theŠ following paragraphs:ŠŠ “425. Every person to whom an amount is due forŠ regulated expenses shall present his claim to theŠ official agent or the local agent not later thanŠ sixty days after polling day. In no case may theŠ regulated expenses be paid by the official agent orŠ the local agent if the claim is presented to himŠ after that period has expired.ŠŠ Where the official agent or local agent has died orŠ resigned and has not been replaced, the claim shallŠ be presented within the same time to the chairman ofŠ the national committee or to the official agent, asŠ the case may be.”ŠŠ426 Replace the section by the following section:ŠŠ “426. Regulated expenses shall be limited so asŠ never to exceed for a national committee, during oneŠ referendum, 50 cents per elector for all theŠ electoral divisions.”ŠŠ429 Replace the word “election” by the word “referendum”.ŠŠ430ŠŠ431ŠŠ434 Replace the first paragraph by the followingŠ paragraph:ŠŠ “434. The official agent of each national committeeŠ and, through him, each local agent he has appointedŠ shall, within ninety days after polling day, deliverŠ to the chief electoral officer a return of theŠ regulated expenses incurred or authorized by them.”ŠŠ435 Replace the word “election” and the words and figureŠ “sections 432 and” by the word “regulated” and theŠ word “section”, respectively.ŠŠ436 Replace the words and figure “sections 432 and” inŠ the first paragraph by the word “section”.ŠŠ Insert, after the first paragraph, the followingŠ paragraph:ŠŠ “The receipts issued for the contributions, for anyŠ amount whatever, must however remain confidential.”ŠŠ Replace the words “leader of the party or to theŠ candidates” and the words “they so request” in theŠ second paragraph by the words “chairman of theŠ national committee” and the words “he so requests”,Š respectively.ŠŠ437 Replace the section by the following section:ŠŠ “437. In addition to regulated expenses, theŠ official agent and the local agent shall indicate inŠ the returns prescribed in section 434 the source ofŠ the sums paid into the referendum fund put at theirŠ disposal.ŠŠ They shall also indicateŠŠ (1) the financial institutions with which the sumsŠ collected by the national committee have beenŠ deposited and the account numbers used;ŠŠ (2) the total amount of contributions of $100 orŠ less;ŠŠ (3) the total amount of contributions of over $100;ŠŠ (4) the total value of the goods and servicesŠ furnished free of charge;ŠŠ (5) the total of the amounts transferred or loanedŠ by the official representative of an authorizedŠ party.”ŠŠ438 Replace the words and figure “sections 432 and” inŠ the first paragraph by the word “section”.ŠŠ Replace the word “election” in the second paragraphŠ by the word “referendum”.ŠŠ439ŠŠ440 Replace the second paragraph by the followingŠ paragraph:ŠŠ “If the claim is not contested by the official agent,Š he shall forward to the chief electoral officer theŠ necessary additional sum, out of his referendum fund,Š to enable him to discharge the claim.”ŠŠ441 Replace the section by the following section:ŠŠ “441. On filing the return prescribed by sectionŠ 434, the official agent of a national committee shallŠ keep the remaining sums or goods in his referendumŠ fund.ŠŠ The sums and goods may be used only for political,Š religious, scientific or charitable purposes.”ŠŠ443 Replace the words “a candidate or party leader” inŠ the second paragraph by the words “the chairman orŠ official agent of the national committee”.ŠŠ444 Replace the words “a candidate or party leader” byŠ the words “the chairman or official agent of aŠ national committee”.ŠŠ Strike out the figure and word “432 or”.ŠŠ445 Replace the section by the following section:ŠŠ “445. Before filing the return and declarationŠ prescribed in section 434, an official agent and aŠ local agent must have discharged all the claimsŠ received within the period prescribed in section 425Š unless they contest them and indicate them asŠ contested.ŠŠ In no case may the official agent, the local agent orŠ the national committee pay a claim so contested.Š Only the official agent may pay the claim in executionŠ of a judgment of a competent tribunal in favour of theŠ creditor after the hearing of the case and not uponŠ an acquiescence in the demand or an agreement ofŠ settlement.ŠŠ The chief electoral officer may, if no nationalŠ committee objects, authorize the official agent of aŠ national committee to pay a contested claim if theŠ refusal or failure to pay results from bona fideŠ error.”ŠŠ446 Insert the words “or local agent” after the wordŠ “agent”.ŠŠ447 Replace the word “representative” and the wordsŠ “return of election expenses” by the word “agent” andŠ the words “returns of regulated expenses”,Š respectively.ŠŠ448 Replace the section by the following section:ŠŠ “448. The judge having jurisdiction to decide anŠ application under sections 443 to 446 is the chiefŠ judge of the Court of Québec.ŠŠ No application under the first paragraph may beŠ heard without a notice of at least three clear daysŠ to the chief electoral officer and to the chairmanŠ of each national committee.”ŠŠ485 Strike out the second and third paragraphs.ŠŠ486ŠŠ487 Replace the section by the following section:ŠŠ “487. In respect of the financing of nationalŠ committees and the control of regulated expenses, heŠ shall, in particular,ŠŠ (1) verify that the national committees, officialŠ agents and their deputies and local agents areŠ complying with the provisions of the Act;ŠŠ (2) receive and examine the return of regulatedŠ expenses;ŠŠ (3) inquire into the legality of contributions andŠ regulated expenses.”ŠŠ488 Replace the words “political parties” in paragraph 4Š by the words “national committees”.ŠŠ Replace, in paragraph 5, the words “political party”Š by the words “national committee”, the wordŠ “candidates” by the word “committees” and the wordŠ “parties” by the words “national committees”.ŠŠ491Š toŠ494ŠŠ496 Strike out the first paragraph.ŠŠ In the second paragraph, change in French; no changeŠ necessary in English.ŠŠ497ŠŠ498ŠŠ512ŠŠ551ŠŠ553 Replace the words “at the same election” inŠ paragraph 2 by the words “in the same referendum”.ŠŠ Replace the word “candidate” in paragraph 6 by theŠ words “national committee”.ŠŠ554 Replace the word “election” in paragraph 2 by theŠ word “referendum”.ŠŠ Strike out the words “of election” in paragraph 3.ŠŠ555ŠŠ556 Strike out paragraph 4.ŠŠ557 Replace the word “election” by the word “referendum”.ŠŠ558 Replace the words “every candidate or every personŠ who later becomes a candidate” in subparagraph 1 ofŠ the first paragraph by the words “every officialŠ delegate”.ŠŠ Replace the words “a candidate” in subparagraph 2 ofŠ the first paragraph by the words “an option”.ŠŠ Replace the words “the election of a candidate at anŠ election” in subparagraphs 1 and 2 of the secondŠ paragraph by the words “an option submitted at aŠ referendum”.ŠŠ559 Insert, after the word “agent”, the words “or anyŠ local agent”.ŠŠ Replace the word “election” in paragraph 1 by theŠ word “regulated”.ŠŠ560 Replace the words “candidate or party leader” by theŠ words “chairman or official delegate of a nationalŠ committee” and the word “election” by the wordŠ “regulated”.ŠŠ563 Replace the section by the following section:ŠŠ “563. Every person who fails to file a report orŠ return of regulated expenses is liable to a fine ofŠ $50 for each day of delay.”ŠŠ564 Replace the section by the following section:ŠŠ “564. Every person who contravenes any of sectionsŠ 66, 87, 88, 90 to 93, 95 to 97, 99, 100, 104, 410,Š 413 to 417, 421, 424 and 430 is guilty of an offenceŠ and is liable, in addition to costs, to a fine of notŠ less than $100 and of not more than $10 000.”ŠŠ565ŠŠ566ŠŠ567 Strike out the following in the first paragraph: “,Š in paragraph 4 of section 556”.ŠŠ Replace the word “election” in the second paragraphŠ by the word “regulated” and insert after the wordŠ “agent” the words “or the local agent”.ŠŠ568 Strike out the second paragraph.ŠŠ569Š toŠ573
APPENDIX 2
(Sections 16, 17, 44, 45)ŠŠPROVISIONS APPLICABLE TO THE HOLDING OF A REFERENDUMŠŠELECTION ACT (chapter E-3.2)ŠŠSECTIONS AMENDMENTSŠŠ7 Strike out the second paragraphŠ8Š9 Replace the section by the following section:ŠŠ “9. In respect of the financing of nationalŠ committees and the control of regulated expenses, theŠ chief electoral officer shall, in particular,ŠŠ (1) verify that the national committees, the officialŠ agents and their deputies as well as the local agentsŠ are complying with Title VIII;ŠŠ (2) establish the forms and documents for use in theŠ administration of Title VIII;ŠŠ (3) issue directives on the bookkeeping of theŠ national committees;ŠŠ (4) receive and examine the returns of regulatedŠ expenses;ŠŠ (5) inquire into the legality of contributions andŠ regulated expenses.”ŠŠ10 Strike out, in the first and second lines ofŠ paragraph 3, the following words: “and on the ActŠ respecting electoral representation (chapter R-24.1)”ŠŠ Replace the words “political party” in the first lineŠ of paragraph 5 by the words “national committee”, theŠ word “candidates” in the second line of paragraph 5Š by the word “committees” and the word “parties” inŠ the third line of paragraph 5 by the words “nationalŠ committees”ŠŠ12Š13Š14Š15Š17 Strike out the first paragraphŠŠ Replace the words “his assistants” in the third lineŠ of the second paragraph by the words “one of hisŠ assistants”ŠŠ19Š20Š24Š25 Strike out the second paragraphŠŠ Replace the words “an election” in the first line ofŠ the third paragraph by the words “a referendum”ŠŠ26Š27Š28Š29Š30Š31Š32Š42 Replace the section by the following section:ŠŠ “42. The returning officer, under the authority ofŠ the chief electoral officer, is responsible, in theŠ electoral division to which he is appointed, for theŠ administration of this Act and the training of theŠ election officers.”ŠŠ54Š55Š56Š57Š58Š59 Replace the word “election” in the fourth line of theŠ first paragraph by the word “referendum”ŠŠ60 Strike out the fourth paragraphŠ61Š62Š64 Replace the words “an election” in the first line ofŠ the first paragraph by the words “a referendum” andŠ the word “election” in the third line by the wordŠ “referendum”ŠŠ Strike out the words “in the electoral division whereŠ the election is held” in the second and third linesŠ of the second paragraphŠŠ65 Replace the section by the following section:ŠŠ “65. The two enumerators shall be appointed by theŠ returning officer, one on the recommendation of theŠ national committee having the greatest number ofŠ members of the National Assembly and the other on theŠ recommendation of the national committee having theŠ second greatest number of members of the NationalŠ Assembly.”ŠŠ67 Replace the section by the following section:ŠŠ “67. The recommendations are made by the officialŠ delegate.ŠŠ For the purposes of this Act, the expressionŠ “official delegate” means the person appointed asŠ such by the chairman of a national committee toŠ represent him in an electoral division.”ŠŠ68Š69Š70 Replace the section by the following section:ŠŠ “70. The returning officer shall post up in hisŠ official office and transmit to each officialŠ delegate the list of the enumerators he hasŠ appointed.ŠŠ The returning officer shall immediately inform theŠ official delegates of any change that is made to theŠ list.”ŠŠ71Š72 Strike out the first paragraphŠŠ Replace the words “an election” in the first line ofŠ the second paragraph by the words “a referendum”ŠŠ73Š74Š75 Strike out, in the third, fourth and fifth lines ofŠ the first paragraph, the following words: “on theŠ first day fixed for enumeration or, where enumerationŠ takes place during the election period,”ŠŠ Strike out, in the second, third, fourth and fifthŠ lines of the second paragraph, the following words:Š “on the first day fixed for enumeration or, whereŠ enumeration takes place during the referendumŠ period,”ŠŠ76Š77Š78Š79Š80Š81Š82Š83Š84Š85Š86Š87Š88 Replace the words “the authorized parties representedŠ in the National Assembly and, as the case may be, toŠ any independent Member” in the third, fourth andŠ fifth lines of the first paragraph by the words “eachŠ official delegate”ŠŠ Strike out the second paragraphŠŠ89Š90 Replace the words “an election” in the first line byŠ the words “a referendum”, the word “election” in theŠ second line by the word “referendum”, and the wordŠ “candidate” in the fourth line by the words “officialŠ delegate”ŠŠ91Š92Š93 Replace the words “an election” in the first line ofŠ the first paragraph by the words “a referendum” andŠ the word “election” in the second line by the wordŠ “referendum”ŠŠ Replace the word “election” in the first line of theŠ second paragraph by the word “referendum”ŠŠ94Š95 Replace the word “candidate” in the second line byŠ the words “official delegate”ŠŠ96Š97Š98Š99 Replace the words “candidate and each authorizedŠ authority of a party at the level of the electoralŠ division,” in the fourth and fifth lines of the firstŠ paragraph by the words “national committee and eachŠ official delegate,”ŠŠ100Š101Š102Š103Š104Š105Š106 Replace the word “election” in the third line by theŠ word “referendum”ŠŠ107Š108 Strike out, in the fourth line, the words “except forŠ a by-election,”ŠŠ109Š110Š111Š112Š113 Replace the second paragraph by the followingŠ paragraph:ŠŠ “The returning officer shall thereupon inform theŠ chief electoral officer, each national committee andŠ each official delegate of the selected places.”ŠŠ114Š115Š116Š117Š118Š119 Replace the words “candidate and to each partyŠ authority at the level of the electoral division,”Š in the second and third lines by the words “nationalŠ committee and each official delegate”ŠŠ120Š121Š122Š123Š124Š125Š126Š127 Replace the section by the following section:ŠŠ “127. The revisor recommended by the nationalŠ committee having the greatest number of members inŠ the National Assembly shall act as chairman of theŠ board of revisors.ŠŠ The revisor recommended by the national committeeŠ having the second greatest number of members in theŠ National Assembly shall act as vice-chairman.”ŠŠ128Š129Š130Š131Š132Š133Š134Š135Š136Š137Š138Š139Š140Š141 Replace the word “candidate” in the fourth line byŠ the words “official delegate”ŠŠ142Š143 Replace the word “candidate” in the second line byŠ the words “official delegate”ŠŠ144Š145Š146Š147Š148Š149Š150Š151Š152Š153Š154Š155 Replace the word “election” in the third line by theŠ word “referendum”ŠŠ159 Replace the word “election” in the first and secondŠ paragraphs by the word “referendum”ŠŠ160 Replace the words “party authority at the level ofŠ the electoral division” in the fourth and fifth linesŠ of the first paragraph by the words “nationalŠ committee, each official delegate”ŠŠ161 Replace the words “an election” in the first line byŠ the words “a referendum”ŠŠ162 Replace the words “political parties and ofŠ candidates” in the second line of the secondŠ paragraph by the words “national committees”ŠŠ163 Replace the words “particulars that will be containedŠ in” in the fourth and fifth lines by the wordsŠ “question that will appear on”ŠŠ179 Replace the first and second paragraphs by theŠ following paragraph:ŠŠ “179. Every employer shall, upon a written request,Š grant a leave without pay to an employee who acts asŠ the chairman of a national committee or as anŠ official delegate. The request may be made at anyŠ time from the date of the order instituting theŠ holding of a referendum.ŠŠ The employee’s leave begins on the day requested byŠ the employee and ends on the thirtieth day followingŠ polling day.”ŠŠ180 Replace the first and second paragraphs by theŠ following paragraphs:ŠŠ “180. Every employer shall, upon a written request,Š grant a leave without pay to an employee who acts asŠ the official agent of a national committee. TheŠ request may be made at any time from the date ofŠ the order instituting the holding of a referendum.ŠŠ The employee’s leave begins on the day requested byŠ the employee and ends on the one hundred andŠ twentieth day following polling day.”ŠŠ181Š182Š183Š184 Replace section 184 by the following section:ŠŠ “184. Upon receipt of a copy of the order, theŠ returning officer shall draw up a proclamation.”ŠŠ185 Replace section 185 by the following section:ŠŠ “185. The proclamation shall set forthŠŠ (1) the text of the question put to the electors;ŠŠ (2) the days and hours of polling at advance pollingŠ stations;ŠŠ (3) the day and hours of polling at polling stations;ŠŠ (4) the name of every national committee and, forŠ each of them and, the surname and given name of theŠ chairman and of the official agent, and, for theŠ electoral division, the surname and given name of theŠ official delegate and of the local agent.”ŠŠ186 Replace, in the second and third lines, the wordsŠ “candidate or his mandatary” by the words “officialŠ delegate”ŠŠ191 Replace the words “candidate and each authorizedŠ party authority at the level of an electoralŠ division” in the fifth and sixth lines by the wordsŠ “official delegate”ŠŠ192 Replace the figure “234” in the first line by theŠ following “225, 227 to 234”ŠŠ193Š194 Strike out, in the first line, the following:Š “, inmates”ŠŠ195Š196Š197Š198Š199 Replace the words “the candidates” in the first andŠ second lines by the words “each official delegate”ŠŠ200 Replace the words “candidate or his mandatary” in theŠ second line of the third paragraph by the wordsŠ “official delegate”ŠŠ201Š202Š203 Replace the words “general election” in the firstŠ paragraph, by the word “referendum”ŠŠ Strike out the word “advance” in the third line ofŠ the second paragraphŠŠ Replace the words “of his domicile” in the thirdŠ paragraph by the words “where the house of detentionŠ is situated”ŠŠ204 Replace the third paragraph by the followingŠ paragraph:ŠŠ “Notwithstanding the first paragraph of section 59 ofŠ the Act respecting Access to documents held by publicŠ bodies and the Protection of personal informationŠ (chapter A-2.1), the warden shall send the electoralŠ list to the returning officer not later than theŠ eighth day preceding polling day.”ŠŠ205 Strike out the word “advance” in the third line ofŠ the first paragraphŠŠ Replace the words and figures “sections 225 and 226”Š in the second line of the second paragraph by theŠ word and figure “section 225”ŠŠ206 Replace the words “authorized party” by the wordsŠ “official delegate of a national committee”ŠŠ208Š209 Replace section 209 by the following section:ŠŠ “209. The polling station shall be open from 10 a.m.Š to 8 p.m. on polling day.”ŠŠ211 Replace section 211 by the following section:ŠŠ “211. At the close of the polling station, theŠ procedure set out in sections 270 to 280 shall beŠ followed and the deputy returning officer shall remitŠ the ballot box and the envelope containing theŠ electoral list to the returning officer or the personŠ designated by him.”ŠŠ217Š218 Replace the word “candidate” by the words “officialŠ delegate” in the first line of the second paragraphŠŠ219Š220Š221 Replace the words “an election” by the words “aŠ referendum” in the second line of the first paragraphŠŠ222Š223Š224Š225 Replace section 225 by the following section:ŠŠ “225. In every polling station, the returningŠ officer shall appoint as deputy returning officer theŠ person recommended by the official delegate of theŠ national committee which has the greatest number ofŠ members in the National Assembly.ŠŠ He shall appoint as poll clerk the person recommendedŠ by the official delegate of the national committeeŠ which has the second highest number of members in theŠ National Assembly.ŠŠ Where the two national committees have an equalŠ number of members in the National Assembly, the chiefŠ electoral officer shall determine, by a drawing ofŠ lots, which committee is deemed to have the highestŠ number of members or, as the case may be, the secondŠ highest number of members in the National Assembly.”ŠŠ227Š228 Replace the word “candidate” by the words “officialŠ delegate” in the second line of the first paragraphŠŠ229Š230Š231 Replace section 231 by the following section:ŠŠ “231. The official delegate of each nationalŠ committee may designate a person and give him aŠ mandate by power of attorney to represent theŠ national committee before the deputy returningŠ officer or the officer in charge of informationŠ and order, or before each of them.”ŠŠ232 Replace the words “candidate or his mandatary” byŠ the words “official delegate” in the first and secondŠ linesŠŠ233 Replace the word “candidate” in the first line by theŠ words “official delegate”ŠŠ234 Replace the words “name of the candidate for whom” inŠ the second and third lines by the words “option forŠ which”ŠŠ235 Replace the words “A candidate” in the first line byŠ the words “The official delegate of each nationalŠ committee”ŠŠ236 Replace the words “candidate or his mandatary” in theŠ second and third lines by the words “officialŠ delegate”ŠŠ237 Strike out the words “in accordance with the modelŠ provided in Schedule F and” in the second line of theŠ first paragraphŠŠ238Š239Š240Š241 Replace the first paragraph by the followingŠ paragraph:ŠŠ “241. The ballot paper must contain on the obverseŠ a space specially reserved for the wording of theŠ question.”ŠŠ Strike out the second paragraphŠŠ242Š243 Replace the word “election” in the first line of theŠ first paragraph by the word “referendum”ŠŠ244Š245 Replace the word “candidates” in the first line ofŠ the second paragraph by the words “nationalŠ committees”ŠŠ246Š247Š248Š249Š250 Replace the words “candidates and their mandataries”Š in the second and third lines by the words “chairmenŠ of national committees and their official delegates”ŠŠ251Š252Š253Š254Š255 Replace the word “circles” in the second line by theŠ words “spaces reserved for that purpose”, and theŠ word “candidate” in the fifth line by the wordsŠ “national committee”ŠŠ256Š257Š258Š259Š260 Replace the words “the name of the candidate for whomŠ the elector has voted” in the seventh and eighthŠ lines of the first paragraph by the words “the optionŠ for which the elector has given his vote”ŠŠ261 Replace the words “then indicate to him the order inŠ which the candidates appear on the ballot paper, andŠ the indications entered under their names, where suchŠ is the case” in the fourth, fifth and sixth lines byŠ the words “read the question and indicate to him theŠ order in which the options appear on the ballotŠ paper”ŠŠ262 Replace the word “candidate” in the second line ofŠ the first paragraph by the words “national committee”ŠŠ Replace the word “election” in paragraphs 2 and 3 byŠ the word “referendum”, the words “a candidate” in theŠ second line of paragraph 4 by the words “an option”Š and the word “election” in the second line ofŠ paragraph 5 by the word “referendum”ŠŠ263Š264Š265Š266 Strike out the word “political” in the second lineŠ and replace the words “a party or a candidate” in theŠ second and third lines by the words “one of theŠ options submitted to a referendum”ŠŠ267Š268Š269Š270 Replace the word “candidates” in the third line byŠ the words “official delegates”ŠŠ271Š272Š273Š274 Replace the word “circles” in the second line of theŠ first paragraph by the word “spaces”ŠŠ Replace the word “candidate” in paragraph 4 of theŠ second paragraph by the word “option”, the words “aŠ person who is not a candidate” in paragraph 5 of theŠ second paragraph by the words “an option which is notŠ one of the options submitted to a referendum” and theŠ word “circles” in paragraph 6 of the second paragraphŠ by the words “spaces reserved for that purpose”ŠŠ275 Replace the words “circles by the elector extendsŠ beyond the circumference of the circle” in the secondŠ and third lines of the second paragraph by the wordsŠ “spaces reserved for that purpose extends beyond theŠ space”ŠŠ276 Replace the words “candidate or the representative ofŠ a candidate” in the second line by the wordsŠ “official delegate or his representative”ŠŠ277 Replace the word “candidate” in the fourth line ofŠ the first paragraph by the word “option”ŠŠ278 Replace the word “candidate” in the third line by theŠ words “official delegate”Š279Š280Š281 Replace the words “candidate or his mandatary” in theŠ first and second lines of the first paragraph by theŠ words “official delegate”ŠŠ Replace the words “candidate, mandatary” in the thirdŠ line of the second paragraph by the words “officialŠ delegate”ŠŠ282 Replace the word “candidate” in the third line of theŠ first paragraph by the word “option”ŠŠ Strike out the second paragraphŠŠ283Š284 Replace the words “return as elected the candidateŠ who” in the first line of the first paragraph by theŠ words “announce the option which”ŠŠ286 Replace the words “declare elected the candidate who”Š in the second and third lines of the first paragraphŠ by the words “issue a declaration indicating theŠ option which”, and the word “candidate” in the fourthŠ line of the first paragraph by the words “officialŠ delegate”ŠŠ Strike out the words “of election” in the second lineŠ of the second paragraphŠŠ287 Replace the word “election” in the second line of theŠ first paragraph by the word “referendum”ŠŠ288 Replace the word “election” in the third line by theŠ word “referendum”ŠŠ289 Replace the words “the names of the candidatesŠ declared elected” in the first and second lines byŠ the words “the option which has obtained the greatestŠ number of votes”ŠŠ290 Replace section 290 by the following section:ŠŠ “290. The chief electoral officer shall, as soon asŠ possible, publish a notice in the Gazette officielleŠ du Québec indicating, for each electoral division,Š the number of votes for each of the options appearingŠ on the ballot paper.”ŠŠ291 Replace the word “election”, which appears twice inŠ the second line of the first paragraph, by the wordŠ “referendum”ŠŠ292Š293 Replace the word “whom” in the second line by theŠ words “which option”ŠŠ294 Replace the word “candidate” in the first line by theŠ words “official candidate”, and the words “the nameŠ of the candidate in favour of whom” in the second andŠ third lines by the words “the option for which”ŠŠ295 Replace the word “candidate” in the first line by theŠ words “official delegate”, and the words “the name ofŠ the candidate for whom” in the third line by the wordsŠ “the option for which”ŠŠ296 Replace the word “whom” by the words “which option”ŠŠ316 Replace section 316 by the following section:ŠŠ “316. In this title, unless otherwise required byŠ the context,ŠŠ “official agent”, “local agent”, “permanent office ofŠ an authorized party”, “regulated expenses” andŠ “referendum period” have the meaning assigned toŠ those expressions by the Referendum Act (chapterŠ C-64.1);ŠŠ “financial institution” means a chartered bank, aŠ trust company or a savings and credit union.”ŠŠ317 Replace the first paragraph by the followingŠ paragraph:ŠŠ “317. Money donated to a national committee,Š services rendered and goods furnished to it toŠ promote an option submitted to the referendum areŠ deemed to be contributions.”ŠŠ Strike out subparagraphs 2 and 3 of the secondŠ paragraphŠŠ Replace subparagraph 4 of the second paragraph by theŠ following paragraph:ŠŠ “A loan granted to a national committee at theŠ current rate on the market at the time it is grantedŠ by an authorized political party.”ŠŠ Strike out subparagraphs 5 and 6 of the secondŠ paragraphŠŠ318 Replace the section by the following section:ŠŠ “318. Nothing in this title shall prohibit transfersŠ of fundsŠŠ (1) of an authorized party to the referendum fund ofŠ a national committee; orŠŠ (2) of the referendum fund of a national committee toŠ the referendum fund put at the disposal of a localŠ agent.”ŠŠ324 Replace the first paragraph by the followingŠ paragraph:ŠŠ “324. An official representative may resign byŠ sending a written notice to that effect to theŠ chairman of the national committee.”ŠŠ Replace the words “an authorized entity no longer hasŠ an official representative” in the first line of theŠ second paragraph by the words “a national committee noŠ longer has an agent”ŠŠ Replace the words “official representative or of aŠ delegate” in the second and third lines of the thirdŠ paragraph by the words “official agent”ŠŠ331 The section is replaced by the following section:ŠŠ “331. The official agent of a national committee isŠ authorized to solicit and collect contributions untilŠ polling day.ŠŠ After polling day, the official agent is authorized toŠ solicit and collect contributions only for the purposeŠ of paying the debts arising from his regulatedŠ expenses and to dispose, in accordance with the secondŠ paragraph of section 443, of the sums and propertyŠ derived from his referendum fund.”ŠŠ337 Replace the words “leader of an authorized party” inŠ the first line by the words “chairman of a nationalŠ committee”ŠŠ365 Strike out the second paragraphŠ367Š368 Replace the words “calendar year” in the second lineŠ of the first paragraph by the word “referendum”, andŠ the words “authorized entities” in the third andŠ fourth lines of the first paragraph by the wordsŠ “national committees”ŠŠ Replace the words “an authorized entity” in the firstŠ line of the second paragraph by the words “a nationalŠ committee”ŠŠ369 Replace the words “official representative of anŠ authorized entity” in the second line of the firstŠ paragraph by the words “official agent of a nationalŠ committee”, and the word “representative” in theŠ fourth line of the first paragraph by the wordŠ “agent”ŠŠ Replace the word “representative” in the second lineŠ of the second paragraph by the word “agent”ŠŠ370 Replace the words “representative of the authorizedŠ entity for which” in the second line by the wordsŠ “agent of the national committee for which”ŠŠ371 Replace section 371 by the following section:ŠŠ “371. The local agent has, for the electoralŠ division for which he is appointed, the powersŠ conferred on the official agent by sections 369, 370Š and 373.”ŠŠ372Š373 Replace the word “representative” in the first lineŠ by the word “agent”ŠŠ374 Replace the words “authorized entity” in the secondŠ line by the words “national committee”ŠŠ375 Replace the words “authorized entity” in the secondŠ line by the words “national committee”ŠŠ376 Replace the words “authorized entity” in the thirdŠ line by the words “official agent”ŠŠ377Š378 Replace the first paragraph by the followingŠ paragraph:ŠŠ “378. Every radio, television or cable broadcasterŠ and every owner of a newspaper, a periodical or otherŠ printed matter may make air time on the radio orŠ television or space in the newspaper, periodical orŠ other printed matter available free of charge toŠ national committees, provided he offers such serviceŠ equitably as to quality and quantity to each nationalŠ committee.”ŠŠ381 Replace the words “representative of an authorizedŠ entity” in the first line by the words “agent of aŠ national committee”ŠŠ382Š405 Replace section 405 by the following section:ŠŠ “405. All the expenditures incurred during aŠ referendum period to promote or oppose directly orŠ indirectly, an option submitted to a referendum areŠ regulated expenses.”ŠŠ406 Replace the words “an election” in the first line ofŠ the first paragraph by the words “a referendum”, theŠ word “election” in the third line by the wordŠ “referendum”, and the word “election” in the fifthŠ line by the word “regulated”ŠŠ Replace the word “election” in the second line of theŠ second paragraph by the word “referendum”ŠŠ Replace the word “election” in the third line of theŠ third paragraph by the word “referendum”ŠŠ407 Replace the word “election” in the first line by theŠ word “regulated”ŠŠ Replace the word “election” in the sixth and in theŠ eighth lines of paragraph 1 by the word “referendum”ŠŠ Replace the word “election” in the third line ofŠ paragraph 2 by the word “referendum”ŠŠ Strike out paragraphs 3 and 4ŠŠ Replace the words “a candidate or any other” in theŠ first line of paragraph 5 by the word “any” and theŠ word “election” in the third line of paragraph 5 byŠ the word “referendum”ŠŠ Strike out paragraph 6ŠŠ Strike out the words “other than a candidate” in theŠ first line of paragraph 7ŠŠ Replace the words “a candidate or a party” in theŠ fourth and fifth lines of paragraph 8 by the wordsŠ “an option submitted to the referendum”ŠŠ Insert after the word “the” in the second line ofŠ paragraph 9 the word “authorized”ŠŠ Replace the word “election” in the first line ofŠ paragraph 10 by the word “referendum”, the wordŠ “representative” in the third line of paragraph 10 byŠ the word “agent”, the word “election” in the thirdŠ and fifth lines of paragraph 10 by the wordŠ “regulated”, and the words “an election” in theŠ fourth line of paragraph 10 by the words “aŠ regulated”ŠŠ409 Replace the words “An authorized party” in the firstŠ line of the first paragraph by the words “A nationalŠ committee”, and the word “election” in the first lineŠ of the first paragraph by the word “regulated”ŠŠ Replace the second paragraph by the followingŠ paragraph:ŠŠ “The official agent shall be appointed by theŠ chairman of the national committee who shall notifyŠ it to the chief electoral officer.”ŠŠ Replace the word “party” in the second line of theŠ third paragraph by the words “national committee”ŠŠ410 Replace the first paragraph by the followingŠ paragraphs:ŠŠ “410. The official agent of a national committeeŠ may, with the approval of the chairman of theŠ national committee, appoint the required number ofŠ deputies and, for each electoral division, a localŠ agent.ŠŠ The official agent may give them a mandate to incurŠ or authorize regulated expenses up to the amount heŠ fixes in their deed of appointment. The amount mayŠ be changed at any time, in writing, by the officialŠ agent before he files his return of regulatedŠ expenses.”ŠŠ Replace the word “election” in the first line of theŠ second paragraph by the word “regulated”ŠŠ Replace the word “party” in the first line of theŠ third paragraph by the words “national committee”ŠŠ411 Replace the first paragraph by the followingŠ paragraph:ŠŠ “411. Every official agent or local agent mayŠ authorize, in writing, an advertising agency to incurŠ or order regulated expenses up to the amount he fixesŠ in the authorization. That amount may be changed atŠ any time, in writing, by the official agent or theŠ local agent, as the case may be, before he files hisŠ return of regulated expenses.”ŠŠ Insert after the word “agent” in the first line ofŠ the second paragraph the words “or the local agent,Š as the case may be”ŠŠ413 Replace the section by the following section:ŠŠ “413. If the official agent dismisses a local agent,Š he shall notify it in writing to the returningŠ officer. He may appoint another local agent.”ŠŠ414 Replace the word “official” in the second line of theŠ first paragraph by the word “local”ŠŠ Replace the words “an official” in the first line ofŠ the second paragraph by the words “a local” and theŠ words “candidate or his mandatary” in the fourth lineŠ of the second paragraph by the words “officialŠ delegate”ŠŠ415 Replace the section by the following section:ŠŠ “415. No person may act as the official agent of aŠ national committee, his deputy or a local agentŠ unless he is qualified to vote.”ŠŠ416 Replace the section by the following section:ŠŠ “416. An official agent, his deputy or a local agentŠ shall pay the cost of regulated expenses only out ofŠ a referendum fund.”ŠŠ417 Replace the section by the following section:ŠŠ “417. During a referendum period, only the officialŠ agent of a national committee, his deputy or a localŠ agent may incur or authorize regulated expenses.”ŠŠ418 Replace the section by the following section:ŠŠ “418. No literature, advertising material or radioŠ or television program contemplated in section 406 mayŠ be used during a referendum period except by theŠ official agent of a national committee, his deputy orŠ a local agent, or with their authorization.”ŠŠ419 Replace the section by the following section:ŠŠ “419. No person may accept or execute an order forŠ regulated expenses not given or authorized by theŠ official agent of a national committee, his deputy, aŠ local agent or authorized advertising agency.”ŠŠ420 Replace the word “election” in the first line of theŠ first paragraph by the word “regulated” and the wordŠ “election” in the third line of the first paragraphŠ by the word “referendum”ŠŠ422Š425 Replace the words “an election” in the first andŠ second lines of the first paragraph by the words “aŠ referendum” and the words “or his deputy” in theŠ third line of the first paragraph by the words “, hisŠ deputy or the local agent”ŠŠ Replace the words “an election” in the first line ofŠ the second paragraph by the words “a referendum” andŠ the words “or his deputy” in the third line of theŠ second paragraph by the words “, his deputy or theŠ local agent”ŠŠ Replace the words “an election, the name and title ofŠ the official agent or his deputy” in the first andŠ second lines of the third paragraph by the words “aŠ referendum, the name and title of the official agent,Š his deputy or the local agent”ŠŠ Replace the word “election” in the first line of theŠ fourth paragraph by the word “regulated”, and theŠ words “an election” in the second line of the fourthŠ paragraph by the words “a referendum”ŠŠ426 Replace the words “the official agents of severalŠ candidates” in the first line by the words “severalŠ local agents”, the word “official” in the third lineŠ by the word “local”, and the word “party” in theŠ fourth line by the words “national committee”ŠŠ428 Replace the word “election” in the first line of theŠ first paragraph by the word “regulated”ŠŠ429 Replace the first and second paragraphs by theŠ following paragraphs:ŠŠ “429. Every person to whom an amount is due forŠ regulated expenses shall present his claim to theŠ official agent or the local agent within 60 daysŠ following polling day. In no case may the regulatedŠ expenses be paid by the official agent or the localŠ agent after that period has expired.ŠŠ If the official agent or local agent has died orŠ resigned and has not been replaced, the claim shallŠ be forwarded within the same time limit to theŠ chairman of the national committee or to the officialŠ agent, as the case may be.”ŠŠ430 Replace the section by the following section:ŠŠ “430. Regulated expenses shall be limited so asŠ never to exceed for a national committee, during oneŠ referendum, 50 cents per elector for all theŠ electoral divisions.”ŠŠ432 Replace the word “election” in the first line by theŠ word “referendum”ŠŠ436 Replace the first paragraph by the followingŠ paragraph:ŠŠ “436. Within 90 days following polling day, theŠ official agent of each national committee and,Š through him, each local agent he has appointed, shallŠ deliver to the chief electoral officer a return ofŠ the regulated expenses incurred or authorized byŠ them.”ŠŠ Replace the word “return” in the first line of theŠ second paragraph by the word “returns”ŠŠ Insert, after the word “deputies”, in the first lineŠ of the third paragraph the words “and the localŠ agents” and replace the words “the return” in theŠ second line of the third paragraph by the words “hisŠ return”ŠŠ437 Replace the word “election” in the second line by theŠ word “regulated”ŠŠ438 Replace the words and figures “in sections 433 and”Š in the second line by the word “section”ŠŠ Insert, after the first paragraph, the followingŠ paragraph:ŠŠ “The receipts issued for the contributions, for anyŠ amount whatever, must however remain confidential.”ŠŠ Replace the words “leader of the party or to theŠ candidates” in the second line of the secondŠ paragraph by the words “chairman of the nationalŠ committee” and the words “if they so request” in theŠ third line of the second paragraph by the words “ifŠ the latter so request”ŠŠ439 Replace the section by the following section:ŠŠ “439. In the returns provided for by section 436,Š the official agent and the local agent shallŠ indicate, in addition to regulated expenses, theŠ source of the sums of money paid into the referendumŠ fund put at their disposal.ŠŠ They shall also indicateŠŠ (1) the financial institutions with which the sumsŠ collected by the national committee have beenŠ deposited and the account numbers used;ŠŠ (2) the total of the contributions of $100 or less;ŠŠ (3) the total of the contributions of over $100;ŠŠ (4) the total value of services rendered and goodsŠ furnished free of charge;ŠŠ (5) the total of the sums transferred or loaned byŠ the official representative of an authorized party.”ŠŠ440 Replace the words and figures “sections 433 and 436”Š in the first line of the first paragraph by the wordŠ and figure “section 436”ŠŠ Replace the word “election” in the second line of theŠ second paragraph by the word “referendum”ŠŠ441Š442 Replace the second paragraph by the followingŠ paragraph:ŠŠ “If the claim is not contested by the official agent,Š he shall forward to the chief electoral officer theŠ necessary additional sum, out of his referendum fund,Š to enable him to discharge the claim.”ŠŠ443 Replace the section by the following section:ŠŠ “443. On filing the return prescribed by sectionŠ 436, the official agent of a national committee shallŠ keep the remaining sums and goods in his referendumŠ fund.ŠŠ The sums and goods may be used only for political,Š religious, scientific or charitable purposes.”ŠŠ445 Replace the words “candidate or the leader of theŠ party” in the first and second lines by the wordsŠ “chairman or the official agent of the nationalŠ committee” and the words “party or a candidate, asŠ the case may be”, in the fifth and sixth lines by theŠ words “national committee”ŠŠ446 Replace the words “a candidate or party leader” inŠ the first line of the first paragraph by the wordsŠ “the chairman or the official agent of a nationalŠ committee”ŠŠ Strike out the figure and word “433 or” in the fourthŠ line of the first paragraphŠŠ447 Replace the section by the following section:ŠŠ “447. Before filing the return and statementŠ prescribed by section 436, an official agent or aŠ local agent must have discharged all the claimsŠ received within the period fixed by section 429Š unless he contests them and indicates them asŠ contested.ŠŠ In no case may the official agent or local agent orŠ the national committee pay a claim so contested.Š Only the official agent may pay the claim inŠ execution of a judgment of a competent court inŠ favour of the creditor after the hearing of the caseŠ and not upon an acquiescence in the demand or anŠ agreement of settlement.ŠŠ The chief electoral officer, if no national committeeŠ objects, may authorize the official agent of aŠ national committee to pay a contested claim if theŠ refusal or failure to pay results from a bona fideŠ error.”ŠŠ448 Insert, after the word “agent” in the second line,Š the words “or a local agent”ŠŠ449 Replace the word “representative” in the first lineŠ by the word “agent”, replace the word “election” inŠ the second line by the word “regulated”, and the wordŠ “election” in the sixth line by the word “regulated”ŠŠ450 Replace the section by the following section:ŠŠ “450. The judge having jurisdiction to decide anŠ application under sections 445 to 448 is the chiefŠ judge of the Court of Québec.ŠŠ No application contemplated in the first paragraphŠ may be heard without a notice of at least three clearŠ days to the chief electoral officer and to theŠ chairman of each national committee.”ŠŠ460Š490Š491Š493 Replace the word “election” in paragraph 1 by theŠ word “referendum”ŠŠ Replace the word “candidate” in the first line ofŠ paragraph 6 by the words “national committee”ŠŠ494 Replace the word “election” in the second line ofŠ paragraph 2 by the word “referendum”ŠŠ495Š496Š497 Replace the word “election” in the fourth line by theŠ word “referendum”ŠŠ498 Replace the word “candidate” in the first line ofŠ paragraph 1 by the words “official delegate”ŠŠ Replace the words “a candidate” in the third andŠ fourth lines of paragraph 2 by the words “an option”ŠŠ Replace the words “an election period by a candidate”Š in the first line of the second paragraph by theŠ words “a referendum period by an official delegate”ŠŠ Replace the word “election” in the first line ofŠ subparagraph 1 of the third paragraph by the wordŠ “regulated”ŠŠ Replace the words “the election of a candidate at anŠ election” in the fourth line of paragraphs 1 and 2 ofŠ the third paragraph by the words “an option submittedŠ at a referendum”ŠŠ499Š500 Insert after the word “agent” in the first line theŠ words “or local agent”ŠŠ Replace the word “election” in the first line ofŠ paragraph 1 by the word “regulated”ŠŠ501 Replace the words “candidate or party leader” in theŠ first line by the words “chairman or officialŠ delegate of a national committee” and the wordŠ “election” in the second line by the word “regulated”ŠŠ504 Replace the section by the following section:ŠŠ “504. Whoever omits to file a report or returnŠ prescribed by Title VIII is liable to a fine of $50Š for each day of delay.”ŠŠ505Š506 Insert, after the figure “490” in the second line ofŠ the first paragraph, the word and figures “, 491 andŠ 493”ŠŠ507 Replace the figure “502” in the second line by theŠ figure “501”ŠŠ508 Replace the section by the following section:ŠŠ “508. Every person who contravenes any of sectionsŠ 337, 365, 367 to 370, 372 to 374, 376 to 378, 381,Š 383, 413, 416 to 420, 422, 425 and 428 is guilty ofŠ an offence and liable, in addition to costs, to aŠ fine of not less than $100 and not more thanŠ $10 000.”ŠŠ509Š510 Strike out the words and figures “in paragraph 8 ofŠ section 492” in the second line of the firstŠ paragraphŠŠ Replace the word “election” in the fifth line of theŠ second paragraph by the word “regulated” and insertŠ after the word “agent” in the fifth line of theŠ second paragraph the words “or the local agent”ŠŠ511 Strike out the second paragraphŠ512Š513 Replace the word “election” in the third line by theŠ word “referendum”ŠŠ514 Replace the words “an election” in the first line byŠ the words “a poll” and the word “election” in theŠ third line by the word “referendum”ŠŠ515Š516Š517Š518ŠSchedule A
Schedule B Replace Schedule B by the following schedule:ŠŠSCHEDULE BŠŠREFERENDUM CALENDARŠŠReferendum period without enumerationŠŠMONDAY ///////////////////////////Š42- / /Š / /ŠTUESDAY / /Š41- / /Š / /ŠWEDNESDAY / PERIOD DURING WHICH A /Š40- / WRIT MAY BE ISSUED /Š / /ŠTHURSDAY / /Š39- / /Š / /ŠFRIDAY / /Š38- / /Š / /ŠSATURDAY / /Š37- / /Š / /ŠSUNDAY / /Š36- ///////////////////////////ŠŠMONDAYŠ35-ŠŠTUESDAYŠ34-ŠŠWEDNESDAYŠ33-ŠŠTHURSDAYŠ32-ŠŠFRIDAYŠ31-ŠŠSATURDAYŠ30-ŠŠSUNDAYŠ29-ŠŠMONDAYŠ28- Last day for sending of the list of places where advanceŠ polling stations are establishedŠ - Last day for recommendations of revisors and investigatingŠ assistantsŠŠTUESDAYŠ27- Last day for appointments of revisors and investigatingŠ assistantsŠŠWEDNESDAYŠ26-ŠŠTHURSDAYŠ25-ŠŠFRIDAYŠ24- Last day for the appointment of the third revisor of urbanŠ and rural boards of revisorsŠ - Sending of the list of revisors to each official delegateŠŠSATURDAYŠ23-ŠŠSUNDAYŠ22- Final date for sending to every dwelling a copy of theŠ electoral list, the elector’s manual and notice ofŠ advance pollŠŠMONDAYŠ21- Revision: opening of filing offices for applications forŠ entry, striking off and correction (6 days)Š - First day of work of rural boards of revisors and ruralŠ revisors (11 days)ŠŠTUESDAYŠ20-ŠŠWEDNESDAYŠ19- First day of work of urban boards of revisors (9 days)ŠŠTHURSDAYŠ18-ŠŠFRIDAYŠ17-ŠŠSATURDAYŠ16- Closing of filing officesŠŠSUNDAYŠ15-ŠŠMONDAYŠ14- Last day for recommendations of deputy returning officersŠ and poll clerksŠŠTUESDAYŠ13-ŠŠWEDNESDAYŠ12- Last day for sending to every official delegate the list ofŠ deputy returning officers and pool clerksŠ - Last day for informing every official delegate of placesŠ where polling stations are establishedŠŠTHURSDAYŠ11- Last day for revisionŠ - Coming into force of revised electoral listsŠŠFRIDAYŠ10- Last day for sending to every dwelling an explanatoryŠ booklet on the referendum optionsŠŠSATURDAYŠ 9- Last day for sending of list of changes made to electoralŠ lists at the time of revisionŠŠSUNDAYŠ 8- Advance pollŠ (2 p.m. to 10 p.m.)ŠŠMONDAYŠ 7- Advance pollŠ (2 p.m. to 10 p.m.)ŠŠTUESDAYŠ 6- Sending of the list of persons who have voted in advanceŠ polls to every official delegateŠŠWEDNESDAYŠ 5-ŠŠTHURSDAYŠ 4-ŠŠFRIDAYŠ 3-ŠŠSATURDAYŠ 2- Last day for sending reminders to every dwellingŠŠSUNDAYŠ 1-ŠŠMONDAYŠ 0- POLLING DAYŠ (10 a.m. to 8 p.m.)ŠŠTUESDAYŠ - Addition of votes
Schedule C Replace Schedule C by the following schedule:ŠŠSCHEDULE CŠŠREFERENDUM CALENDARŠŠReferendum period with enumerationŠŠTHURSDAY ///////////////////////////Š53- / /Š / /ŠFRIDAY / /Š52- / /Š / /ŠSATURDAY / PERIOD DURING WHICH A /Š51- / WRIT MAY BE ISSUED /Š / /ŠSUNDAY / /Š50- / /Š / /ŠMONDAY / /Š49- / /Š / /ŠTUESDAY / /Š48- / /Š / /ŠWEDNESDAY / /Š47- ///////////////////////////ŠŠTHURSDAYŠ46-ŠŠFRIDAYŠ45-ŠŠSATURDAYŠ44-ŠŠSUNDAYŠ43-ŠŠMONDAYŠ42-ŠŠTUESDAYŠ41-ŠŠWEDNESDAYŠ40- Last day for recommendations and appointments of enumeratorsŠŠTHURSDAYŠ39- Sending of the list of enumerators to each official delegateŠŠFRIDAYŠ38-ŠŠSATURDAYŠ37-ŠŠSUNDAYŠ36-ŠŠMONDAYŠ35- Beginning of enumeration (4 days)ŠŠTUESDAYŠ34-ŠŠWEDNESDAYŠ33-ŠŠTHURSDAYŠ32-ŠŠFRIDAYŠ31-ŠŠSATURDAYŠ30- Last day for sending of electoral lists to the returningŠ officersŠ - Beginning of printing of electoral listsŠŠSUNDAYŠ29- Beginning of publicity by national committeesŠŠMONDAYŠ28- Last day for sending of the list of places where advanceŠ polling stations are establishedŠ - Last day for recommendations of revisors and investigatingŠ assistantsŠŠTUESDAYŠ27- Last day for appointments of revisors and investigatingŠ assistantsŠ - Last day for sending certified electoral lists to eachŠ official delegateŠŠWEDNESDAYŠ26-ŠŠTHURSDAYŠ25-ŠŠFRIDAYŠ24- Last day for the appointment of the third revisor of urbanŠ and rural boards of revisorsŠ - Sending of the list of revisors to each official delegateŠŠSATURDAYŠ23-ŠŠSUNDAYŠ22- Final date for sending to every dwelling a copy of theŠ electoral list, the elector’s manual and notice of advanceŠ pollŠŠMONDAYŠ21- Revision: opening of filing offices for applications forŠ entry, striking off and correction (6 days)Š - First day of work of rural boards of revisors and ruralŠ revisors (11 days)ŠŠTUESDAYŠ20-ŠŠWEDNESDAYŠ19- First day of work of urban boards of revisors (9 days)ŠŠTHURSDAYŠ18-ŠŠFRIDAYŠ17-ŠŠSATURDAYŠ16- Closing of filing officesŠŠSUNDAYŠ15-ŠŠMONDAYŠ14- Last day for recommendations of deputy returning officersŠ and poll clerksŠŠTUESDAYŠ13-ŠŠWEDNESDAYŠ12- Last day for sending to every official delegate the listŠ of deputy returning officers and poll clerksŠ - Last day for informing every official delegate of placesŠ where polling stations are establishedŠŠTHURSDAYŠ11- Last day for revisionŠ - Coming into force of revised electoral listsŠŠFRIDAYŠ10- Last day for sending to every dwelling an explanatoryŠ booklet on the referendum optionsŠŠSATURDAYŠ 9- Last day for sending of list of changes made to electoralŠ lists at the time of revisionŠŠSUNDAYŠ 8- Advance pollŠ (2 p.m. to 10 p.m.)ŠŠMONDAYŠ 7- Advance pollŠ (2 p.m. to 10 p.m.)ŠŠTUESDAYŠ 6- Sending of the list of persons who have voted in advanceŠ polls to every official delegateŠŠWEDNESDAYŠ 5-ŠŠTHURSDAYŠ 4-ŠŠFRIDAYŠ 3-ŠŠSATURDAYŠ 2- Last day for sending reminders to every dwellingŠŠSUNDAYŠ 1-ŠŠMONDAYŠ 0- POLLING DAYŠ (10 a.m. to 8 p.m.)ŠŠTUESDAYŠ - Addition of votes
Schedule F Replace the schedule by the following schedule:ŠŠSCHEDULE FŠŠSTATEMENT OF POLLŠŠElectoral division of .........................................ŠŠ Polling subdivision No. ......ŠŠ---------------------------------------------------------------Š . . ŠNumber of ballot papers received from the . . Š returning officer ............................ . . .....Š . . ŠNumber of ballot papers cast for .............. . ..... . Š (Indicate the option) . . Š . . ŠNumber of ballot papers cast for .............. . ..... . Š (Indicate the option) . . Š . . ŠNumber of ballot papers cast for .............. . ..... . Š (Indicate the option) . . Š . . ŠNumber of ballot papers cast for .............. . ..... . Š (Indicate the option) . . Š . . ŠNumber of ballot papers cast for .............. . ..... . Š (Indicate the option) . . Š . . ŠNumber of ballot papers cast for .............. . ..... . Š (Indicate the option) . . Š . . ŠNumber of ballot papers cast for .............. . ..... . Š (Indicate the option) . . Š . . ŠNumber of ballot papers spoiled (not placed in . . Š box) ......................................... . ..... . Š . . ŠNumber of ballot papers rejected in counting . . Š the ballots .................................. . ..... . Š . . ŠNumber of ballot papers not used .............. . ..... . Š ---------------Š . . ŠTotals ........................................ . ..... . .....Š---------------------------------------------------------------Š Given under my hand, at ....................................,Šthis .............................................. 19........Š .............................Š Deputy Returning Officer
Schedule G Replace the schedule by the following schedule:ŠŠSCHEDULE GŠŠSTATEMENT OF VOTESŠŠElectoral division of .........................................ŠŠ Polling subdivision No. .......ŠŠ I, the undersigned, deputy returning officer, certify that atŠthe poll held this day, the options listed below received theŠnumber of votes set opposite their respective indications:ŠŠ---------------------------------------------------------------Š Indication of option . Number of votes Š---------------------------------------------------------------Š .................................. . ................... Š .................................. . ................... Š .................................. . ................... Š .................................. . ................... Š .................................. . ................... Š .................................. . ................... Š .................................. . ................... Š---------------------------------------------------------------ŠŠand also thatŠ .......... ballot papers were rejected in counting the ballots.Š(number in letters)ŠŠ Given under my hand, at ....................................,Šthis ................................................ 19......ŠŠ .............................Š Deputy Returning Officer
APPENDIX 2
(Sections 16, 17, 44, 45)ŠŠPROVISIONS APPLICABLE TO THE HOLDING OF A REFERENDUMŠŠELECTION ACT (chapter E-3.2)ŠŠSECTIONS AMENDMENTSŠŠ7 Strike out the second paragraphŠ8Š9 Replace the section by the following section:ŠŠ “9. In respect of the financing of nationalŠ committees and the control of regulated expenses, theŠ chief electoral officer shall, in particular,ŠŠ (1) verify that the national committees, the officialŠ agents and their deputies as well as the local agentsŠ are complying with Title VIII;ŠŠ (2) establish the forms and documents for use in theŠ administration of Title VIII;ŠŠ (3) issue directives on the bookkeeping of theŠ national committees;ŠŠ (4) receive and examine the returns of regulatedŠ expenses;ŠŠ (5) inquire into the legality of contributions andŠ regulated expenses.”ŠŠ10 Strike out, in the first and second lines ofŠ paragraph 3, the following words: “and on the ActŠ respecting electoral representation (chapter R-24.1)”ŠŠ Replace the words “political party” in the first lineŠ of paragraph 5 by the words “national committee”, theŠ word “candidates” in the second line of paragraph 5Š by the word “committees” and the word “parties” inŠ the third line of paragraph 5 by the words “nationalŠ committees”ŠŠ12Š13Š14Š15Š17 Strike out the first paragraphŠŠ Replace the words “his assistants” in the third lineŠ of the second paragraph by the words “one of hisŠ assistants”ŠŠ19Š20Š24Š25 Strike out the second paragraphŠŠ Replace the words “an election” in the first line ofŠ the third paragraph by the words “a referendum”ŠŠ26Š27Š28Š29Š30Š31Š32Š42 Replace the section by the following section:ŠŠ “42. The returning officer, under the authority ofŠ the chief electoral officer, is responsible, in theŠ electoral division to which he is appointed, for theŠ administration of this Act and the training of theŠ election officers.”ŠŠ54Š55Š56Š57Š58Š59 Replace the word “election” in the fourth line of theŠ first paragraph by the word “referendum”ŠŠ60 Strike out the fourth paragraphŠ61Š62Š64 Replace the words “an election” in the first line ofŠ the first paragraph by the words “a referendum” andŠ the word “election” in the third line by the wordŠ “referendum”ŠŠ Strike out the words “in the electoral division whereŠ the election is held” in the second and third linesŠ of the second paragraphŠŠ65 Replace the section by the following section:ŠŠ “65. The two enumerators shall be appointed by theŠ returning officer, one on the recommendation of theŠ national committee having the greatest number ofŠ members of the National Assembly and the other on theŠ recommendation of the national committee having theŠ second greatest number of members of the NationalŠ Assembly.”ŠŠ67 Replace the section by the following section:ŠŠ “67. The recommendations are made by the officialŠ delegate.ŠŠ For the purposes of this Act, the expressionŠ “official delegate” means the person appointed asŠ such by the chairman of a national committee toŠ represent him in an electoral division.”ŠŠ68Š69Š70 Replace the section by the following section:ŠŠ “70. The returning officer shall post up in hisŠ official office and transmit to each officialŠ delegate the list of the enumerators he hasŠ appointed.ŠŠ The returning officer shall immediately inform theŠ official delegates of any change that is made to theŠ list.”ŠŠ71Š72 Strike out the first paragraphŠŠ Replace the words “an election” in the first line ofŠ the second paragraph by the words “a referendum”ŠŠ73Š74Š75 Strike out, in the third, fourth and fifth lines ofŠ the first paragraph, the following words: “on theŠ first day fixed for enumeration or, where enumerationŠ takes place during the election period,”ŠŠ Strike out, in the second, third, fourth and fifthŠ lines of the second paragraph, the following words:Š “on the first day fixed for enumeration or, whereŠ enumeration takes place during the referendumŠ period,”ŠŠ76Š77Š78Š79Š80Š81Š82Š83Š84Š85Š86Š87Š88 Replace the words “the authorized parties representedŠ in the National Assembly and, as the case may be, toŠ any independent Member” in the third, fourth andŠ fifth lines of the first paragraph by the words “eachŠ official delegate”ŠŠ Strike out the second paragraphŠŠ89Š90 Replace the words “an election” in the first line byŠ the words “a referendum”, the word “election” in theŠ second line by the word “referendum”, and the wordŠ “candidate” in the fourth line by the words “officialŠ delegate”ŠŠ91Š92Š93 Replace the words “an election” in the first line ofŠ the first paragraph by the words “a referendum” andŠ the word “election” in the second line by the wordŠ “referendum”ŠŠ Replace the word “election” in the first line of theŠ second paragraph by the word “referendum”ŠŠ94Š95 Replace the word “candidate” in the second line byŠ the words “official delegate”ŠŠ96Š97Š98Š99 Replace the words “candidate and each authorizedŠ authority of a party at the level of the electoralŠ division,” in the fourth and fifth lines of the firstŠ paragraph by the words “national committee and eachŠ official delegate,”ŠŠ100Š101Š102Š103Š104Š105Š106 Replace the word “election” in the third line by theŠ word “referendum”ŠŠ107Š108 Strike out, in the fourth line, the words “except forŠ a by-election,”ŠŠ109Š110Š111Š112Š113 Replace the second paragraph by the followingŠ paragraph:ŠŠ “The returning officer shall thereupon inform theŠ chief electoral officer, each national committee andŠ each official delegate of the selected places.”ŠŠ114Š115Š116Š117Š118Š119 Replace the words “candidate and to each partyŠ authority at the level of the electoral division,”Š in the second and third lines by the words “nationalŠ committee and each official delegate”ŠŠ120Š121Š122Š123Š124Š125Š126Š127 Replace the section by the following section:ŠŠ “127. The revisor recommended by the nationalŠ committee having the greatest number of members inŠ the National Assembly shall act as chairman of theŠ board of revisors.ŠŠ The revisor recommended by the national committeeŠ having the second greatest number of members in theŠ National Assembly shall act as vice-chairman.”ŠŠ128Š129Š130Š131Š132Š133Š134Š135Š136Š137Š138Š139Š140Š141 Replace the word “candidate” in the fourth line byŠ the words “official delegate”ŠŠ142Š143 Replace the word “candidate” in the second line byŠ the words “official delegate”ŠŠ144Š145Š146Š147Š148Š149Š150Š151Š152Š153Š154Š155 Replace the word “election” in the third line by theŠ word “referendum”ŠŠ159 Replace the word “election” in the first and secondŠ paragraphs by the word “referendum”ŠŠ160 Replace the words “party authority at the level ofŠ the electoral division” in the fourth and fifth linesŠ of the first paragraph by the words “nationalŠ committee, each official delegate”ŠŠ161 Replace the words “an election” in the first line byŠ the words “a referendum”ŠŠ162 Replace the words “political parties and ofŠ candidates” in the second line of the secondŠ paragraph by the words “national committees”ŠŠ163 Replace the words “particulars that will be containedŠ in” in the fourth and fifth lines by the wordsŠ “question that will appear on”ŠŠ179 Replace the first and second paragraphs by theŠ following paragraph:ŠŠ “179. Every employer shall, upon a written request,Š grant a leave without pay to an employee who acts asŠ the chairman of a national committee or as anŠ official delegate. The request may be made at anyŠ time from the date of the order instituting theŠ holding of a referendum.ŠŠ The employee’s leave begins on the day requested byŠ the employee and ends on the thirtieth day followingŠ polling day.”ŠŠ180 Replace the first and second paragraphs by theŠ following paragraphs:ŠŠ “180. Every employer shall, upon a written request,Š grant a leave without pay to an employee who acts asŠ the official agent of a national committee. TheŠ request may be made at any time from the date ofŠ the order instituting the holding of a referendum.ŠŠ The employee’s leave begins on the day requested byŠ the employee and ends on the one hundred andŠ twentieth day following polling day.”ŠŠ181Š182Š183Š184 Replace section 184 by the following section:ŠŠ “184. Upon receipt of a copy of the order, theŠ returning officer shall draw up a proclamation.”ŠŠ185 Replace section 185 by the following section:ŠŠ “185. The proclamation shall set forthŠŠ (1) the text of the question put to the electors;ŠŠ (2) the days and hours of polling at advance pollingŠ stations;ŠŠ (3) the day and hours of polling at polling stations;ŠŠ (4) the name of every national committee and, forŠ each of them and, the surname and given name of theŠ chairman and of the official agent, and, for theŠ electoral division, the surname and given name of theŠ official delegate and of the local agent.”ŠŠ186 Replace, in the second and third lines, the wordsŠ “candidate or his mandatary” by the words “officialŠ delegate”ŠŠ191 Replace the words “candidate and each authorizedŠ party authority at the level of an electoralŠ division” in the fifth and sixth lines by the wordsŠ “official delegate”ŠŠ192 Replace the figure “234” in the first line by theŠ following “225, 227 to 234”ŠŠ193Š194 Strike out, in the first line, the following:Š “, inmates”ŠŠ195Š196Š197Š198Š199 Replace the words “the candidates” in the first andŠ second lines by the words “each official delegate”ŠŠ200 Replace the words “candidate or his mandatary” in theŠ second line of the third paragraph by the wordsŠ “official delegate”ŠŠ201Š202Š203 Replace the words “general election” in the firstŠ paragraph, by the word “referendum”ŠŠ Strike out the word “advance” in the third line ofŠ the second paragraphŠŠ Replace the words “of his domicile” in the thirdŠ paragraph by the words “where the house of detentionŠ is situated”ŠŠ204 Replace the third paragraph by the followingŠ paragraph:ŠŠ “Notwithstanding the first paragraph of section 59 ofŠ the Act respecting Access to documents held by publicŠ bodies and the Protection of personal informationŠ (chapter A-2.1), the warden shall send the electoralŠ list to the returning officer not later than theŠ eighth day preceding polling day.”ŠŠ205 Strike out the word “advance” in the third line ofŠ the first paragraphŠŠ Replace the words and figures “sections 225 and 226”Š in the second line of the second paragraph by theŠ word and figure “section 225”ŠŠ206 Replace the words “authorized party” by the wordsŠ “official delegate of a national committee”ŠŠ208Š209 Replace section 209 by the following section:ŠŠ “209. The polling station shall be open from 10 a.m.Š to 8 p.m. on polling day.”ŠŠ211 Replace section 211 by the following section:ŠŠ “211. At the close of the polling station, theŠ procedure set out in sections 270 to 280 shall beŠ followed and the deputy returning officer shall remitŠ the ballot box and the envelope containing theŠ electoral list to the returning officer or the personŠ designated by him.”ŠŠ217Š218 Replace the word “candidate” by the words “officialŠ delegate” in the first line of the second paragraphŠŠ219Š220Š221 Replace the words “an election” by the words “aŠ referendum” in the second line of the first paragraphŠŠ222Š223Š224Š225 Replace section 225 by the following section:ŠŠ “225. In every polling station, the returningŠ officer shall appoint as deputy returning officer theŠ person recommended by the official delegate of theŠ national committee which has the greatest number ofŠ members in the National Assembly.ŠŠ He shall appoint as poll clerk the person recommendedŠ by the official delegate of the national committeeŠ which has the second highest number of members in theŠ National Assembly.ŠŠ Where the two national committees have an equalŠ number of members in the National Assembly, the chiefŠ electoral officer shall determine, by a drawing ofŠ lots, which committee is deemed to have the highestŠ number of members or, as the case may be, the secondŠ highest number of members in the National Assembly.”ŠŠ227Š228 Replace the word “candidate” by the words “officialŠ delegate” in the second line of the first paragraphŠŠ229Š230Š231 Replace section 231 by the following section:ŠŠ “231. The official delegate of each nationalŠ committee may designate a person and give him aŠ mandate by power of attorney to represent theŠ national committee before the deputy returningŠ officer or the officer in charge of informationŠ and order, or before each of them.”ŠŠ232 Replace the words “candidate or his mandatary” byŠ the words “official delegate” in the first and secondŠ linesŠŠ233 Replace the word “candidate” in the first line by theŠ words “official delegate”ŠŠ234 Replace the words “name of the candidate for whom” inŠ the second and third lines by the words “option forŠ which”ŠŠ235 Replace the words “A candidate” in the first line byŠ the words “The official delegate of each nationalŠ committee”ŠŠ236 Replace the words “candidate or his mandatary” in theŠ second and third lines by the words “officialŠ delegate”ŠŠ237 Strike out the words “in accordance with the modelŠ provided in Schedule F and” in the second line of theŠ first paragraphŠŠ238Š239Š240Š241 Replace the first paragraph by the followingŠ paragraph:ŠŠ “241. The ballot paper must contain on the obverseŠ a space specially reserved for the wording of theŠ question.”ŠŠ Strike out the second paragraphŠŠ242Š243 Replace the word “election” in the first line of theŠ first paragraph by the word “referendum”ŠŠ244Š245 Replace the word “candidates” in the first line ofŠ the second paragraph by the words “nationalŠ committees”ŠŠ246Š247Š248Š249Š250 Replace the words “candidates and their mandataries”Š in the second and third lines by the words “chairmenŠ of national committees and their official delegates”ŠŠ251Š252Š253Š254Š255 Replace the word “circles” in the second line by theŠ words “spaces reserved for that purpose”, and theŠ word “candidate” in the fifth line by the wordsŠ “national committee”ŠŠ256Š257Š258Š259Š260 Replace the words “the name of the candidate for whomŠ the elector has voted” in the seventh and eighthŠ lines of the first paragraph by the words “the optionŠ for which the elector has given his vote”ŠŠ261 Replace the words “then indicate to him the order inŠ which the candidates appear on the ballot paper, andŠ the indications entered under their names, where suchŠ is the case” in the fourth, fifth and sixth lines byŠ the words “read the question and indicate to him theŠ order in which the options appear on the ballotŠ paper”ŠŠ262 Replace the word “candidate” in the second line ofŠ the first paragraph by the words “national committee”ŠŠ Replace the word “election” in paragraphs 2 and 3 byŠ the word “referendum”, the words “a candidate” in theŠ second line of paragraph 4 by the words “an option”Š and the word “election” in the second line ofŠ paragraph 5 by the word “referendum”ŠŠ263Š264Š265Š266 Strike out the word “political” in the second lineŠ and replace the words “a party or a candidate” in theŠ second and third lines by the words “one of theŠ options submitted to a referendum”ŠŠ267Š268Š269Š270 Replace the word “candidates” in the third line byŠ the words “official delegates”ŠŠ271Š272Š273Š274 Replace the word “circles” in the second line of theŠ first paragraph by the word “spaces”ŠŠ Replace the word “candidate” in paragraph 4 of theŠ second paragraph by the word “option”, the words “aŠ person who is not a candidate” in paragraph 5 of theŠ second paragraph by the words “an option which is notŠ one of the options submitted to a referendum” and theŠ word “circles” in paragraph 6 of the second paragraphŠ by the words “spaces reserved for that purpose”ŠŠ275 Replace the words “circles by the elector extendsŠ beyond the circumference of the circle” in the secondŠ and third lines of the second paragraph by the wordsŠ “spaces reserved for that purpose extends beyond theŠ space”ŠŠ276 Replace the words “candidate or the representative ofŠ a candidate” in the second line by the wordsŠ “official delegate or his representative”ŠŠ277 Replace the word “candidate” in the fourth line ofŠ the first paragraph by the word “option”ŠŠ278 Replace the word “candidate” in the third line by theŠ words “official delegate”Š279Š280Š281 Replace the words “candidate or his mandatary” in theŠ first and second lines of the first paragraph by theŠ words “official delegate”ŠŠ Replace the words “candidate, mandatary” in the thirdŠ line of the second paragraph by the words “officialŠ delegate”ŠŠ282 Replace the word “candidate” in the third line of theŠ first paragraph by the word “option”ŠŠ Strike out the second paragraphŠŠ283Š284 Replace the words “return as elected the candidateŠ who” in the first line of the first paragraph by theŠ words “announce the option which”ŠŠ286 Replace the words “declare elected the candidate who”Š in the second and third lines of the first paragraphŠ by the words “issue a declaration indicating theŠ option which”, and the word “candidate” in the fourthŠ line of the first paragraph by the words “officialŠ delegate”ŠŠ Strike out the words “of election” in the second lineŠ of the second paragraphŠŠ287 Replace the word “election” in the second line of theŠ first paragraph by the word “referendum”ŠŠ288 Replace the word “election” in the third line by theŠ word “referendum”ŠŠ289 Replace the words “the names of the candidatesŠ declared elected” in the first and second lines byŠ the words “the option which has obtained the greatestŠ number of votes”ŠŠ290 Replace section 290 by the following section:ŠŠ “290. The chief electoral officer shall, as soon asŠ possible, publish a notice in the Gazette officielleŠ du Québec indicating, for each electoral division,Š the number of votes for each of the options appearingŠ on the ballot paper.”ŠŠ291 Replace the word “election”, which appears twice inŠ the second line of the first paragraph, by the wordŠ “referendum”ŠŠ292Š293 Replace the word “whom” in the second line by theŠ words “which option”ŠŠ294 Replace the word “candidate” in the first line by theŠ words “official candidate”, and the words “the nameŠ of the candidate in favour of whom” in the second andŠ third lines by the words “the option for which”ŠŠ295 Replace the word “candidate” in the first line by theŠ words “official delegate”, and the words “the name ofŠ the candidate for whom” in the third line by the wordsŠ “the option for which”ŠŠ296 Replace the word “whom” by the words “which option”ŠŠ316 Replace section 316 by the following section:ŠŠ “316. In this title, unless otherwise required byŠ the context,ŠŠ “official agent”, “local agent”, “permanent office ofŠ an authorized party”, “regulated expenses” andŠ “referendum period” have the meaning assigned toŠ those expressions by the Referendum Act (chapterŠ C-64.1);ŠŠ “financial institution” means a chartered bank, aŠ trust company or a savings and credit union.”ŠŠ317 Replace the first paragraph by the followingŠ paragraph:ŠŠ “317. Money donated to a national committee,Š services rendered and goods furnished to it toŠ promote an option submitted to the referendum areŠ deemed to be contributions.”ŠŠ Strike out subparagraphs 2 and 3 of the secondŠ paragraphŠŠ Replace subparagraph 4 of the second paragraph by theŠ following paragraph:ŠŠ “A loan granted to a national committee at theŠ current rate on the market at the time it is grantedŠ by an authorized political party.”ŠŠ Strike out subparagraphs 5 and 6 of the secondŠ paragraphŠŠ318 Replace the section by the following section:ŠŠ “318. Nothing in this title shall prohibit transfersŠ of fundsŠŠ (1) of an authorized party to the referendum fund ofŠ a national committee; orŠŠ (2) of the referendum fund of a national committee toŠ the referendum fund put at the disposal of a localŠ agent.”ŠŠ324 Replace the first paragraph by the followingŠ paragraph:ŠŠ “324. An official representative may resign byŠ sending a written notice to that effect to theŠ chairman of the national committee.”ŠŠ Replace the words “an authorized entity no longer hasŠ an official representative” in the first line of theŠ second paragraph by the words “a national committee noŠ longer has an agent”ŠŠ Replace the words “official representative or of aŠ delegate” in the second and third lines of the thirdŠ paragraph by the words “official agent”ŠŠ331 The section is replaced by the following section:ŠŠ “331. The official agent of a national committee isŠ authorized to solicit and collect contributions untilŠ polling day.ŠŠ After polling day, the official agent is authorized toŠ solicit and collect contributions only for the purposeŠ of paying the debts arising from his regulatedŠ expenses and to dispose, in accordance with the secondŠ paragraph of section 443, of the sums and propertyŠ derived from his referendum fund.”ŠŠ337 Replace the words “leader of an authorized party” inŠ the first line by the words “chairman of a nationalŠ committee”ŠŠ365 Strike out the second paragraphŠ367Š368 Replace the words “calendar year” in the second lineŠ of the first paragraph by the word “referendum”, andŠ the words “authorized entities” in the third andŠ fourth lines of the first paragraph by the wordsŠ “national committees”ŠŠ Replace the words “an authorized entity” in the firstŠ line of the second paragraph by the words “a nationalŠ committee”ŠŠ369 Replace the words “official representative of anŠ authorized entity” in the second line of the firstŠ paragraph by the words “official agent of a nationalŠ committee”, and the word “representative” in theŠ fourth line of the first paragraph by the wordŠ “agent”ŠŠ Replace the word “representative” in the second lineŠ of the second paragraph by the word “agent”ŠŠ370 Replace the words “representative of the authorizedŠ entity for which” in the second line by the wordsŠ “agent of the national committee for which”ŠŠ371 Replace section 371 by the following section:ŠŠ “371. The local agent has, for the electoralŠ division for which he is appointed, the powersŠ conferred on the official agent by sections 369, 370Š and 373.”ŠŠ372Š373 Replace the word “representative” in the first lineŠ by the word “agent”ŠŠ374 Replace the words “authorized entity” in the secondŠ line by the words “national committee”ŠŠ375 Replace the words “authorized entity” in the secondŠ line by the words “national committee”ŠŠ376 Replace the words “authorized entity” in the thirdŠ line by the words “official agent”ŠŠ377Š378 Replace the first paragraph by the followingŠ paragraph:ŠŠ “378. Every radio, television or cable broadcasterŠ and every owner of a newspaper, a periodical or otherŠ printed matter may make air time on the radio orŠ television or space in the newspaper, periodical orŠ other printed matter available free of charge toŠ national committees, provided he offers such serviceŠ equitably as to quality and quantity to each nationalŠ committee.”ŠŠ381 Replace the words “representative of an authorizedŠ entity” in the first line by the words “agent of aŠ national committee”ŠŠ382Š405 Replace section 405 by the following section:ŠŠ “405. All the expenditures incurred during aŠ referendum period to promote or oppose directly orŠ indirectly, an option submitted to a referendum areŠ regulated expenses.”ŠŠ406 Replace the words “an election” in the first line ofŠ the first paragraph by the words “a referendum”, theŠ word “election” in the third line by the wordŠ “referendum”, and the word “election” in the fifthŠ line by the word “regulated”ŠŠ Replace the word “election” in the second line of theŠ second paragraph by the word “referendum”ŠŠ Replace the word “election” in the third line of theŠ third paragraph by the word “referendum”ŠŠ407 Replace the word “election” in the first line by theŠ word “regulated”ŠŠ Replace the word “election” in the sixth and in theŠ eighth lines of paragraph 1 by the word “referendum”ŠŠ Replace the word “election” in the third line ofŠ paragraph 2 by the word “referendum”ŠŠ Strike out paragraphs 3 and 4ŠŠ Replace the words “a candidate or any other” in theŠ first line of paragraph 5 by the word “any” and theŠ word “election” in the third line of paragraph 5 byŠ the word “referendum”ŠŠ Strike out paragraph 6ŠŠ Strike out the words “other than a candidate” in theŠ first line of paragraph 7ŠŠ Replace the words “a candidate or a party” in theŠ fourth and fifth lines of paragraph 8 by the wordsŠ “an option submitted to the referendum”ŠŠ Insert after the word “the” in the second line ofŠ paragraph 9 the word “authorized”ŠŠ Replace the word “election” in the first line ofŠ paragraph 10 by the word “referendum”, the wordŠ “representative” in the third line of paragraph 10 byŠ the word “agent”, the word “election” in the thirdŠ and fifth lines of paragraph 10 by the wordŠ “regulated”, and the words “an election” in theŠ fourth line of paragraph 10 by the words “aŠ regulated”ŠŠ409 Replace the words “An authorized party” in the firstŠ line of the first paragraph by the words “A nationalŠ committee”, and the word “election” in the first lineŠ of the first paragraph by the word “regulated”ŠŠ Replace the second paragraph by the followingŠ paragraph:ŠŠ “The official agent shall be appointed by theŠ chairman of the national committee who shall notifyŠ it to the chief electoral officer.”ŠŠ Replace the word “party” in the second line of theŠ third paragraph by the words “national committee”ŠŠ410 Replace the first paragraph by the followingŠ paragraphs:ŠŠ “410. The official agent of a national committeeŠ may, with the approval of the chairman of theŠ national committee, appoint the required number ofŠ deputies and, for each electoral division, a localŠ agent.ŠŠ The official agent may give them a mandate to incurŠ or authorize regulated expenses up to the amount heŠ fixes in their deed of appointment. The amount mayŠ be changed at any time, in writing, by the officialŠ agent before he files his return of regulatedŠ expenses.”ŠŠ Replace the word “election” in the first line of theŠ second paragraph by the word “regulated”ŠŠ Replace the word “party” in the first line of theŠ third paragraph by the words “national committee”ŠŠ411 Replace the first paragraph by the followingŠ paragraph:ŠŠ “411. Every official agent or local agent mayŠ authorize, in writing, an advertising agency to incurŠ or order regulated expenses up to the amount he fixesŠ in the authorization. That amount may be changed atŠ any time, in writing, by the official agent or theŠ local agent, as the case may be, before he files hisŠ return of regulated expenses.”ŠŠ Insert after the word “agent” in the first line ofŠ the second paragraph the words “or the local agent,Š as the case may be”ŠŠ413 Replace the section by the following section:ŠŠ “413. If the official agent dismisses a local agent,Š he shall notify it in writing to the returningŠ officer. He may appoint another local agent.”ŠŠ414 Replace the word “official” in the second line of theŠ first paragraph by the word “local”ŠŠ Replace the words “an official” in the first line ofŠ the second paragraph by the words “a local” and theŠ words “candidate or his mandatary” in the fourth lineŠ of the second paragraph by the words “officialŠ delegate”ŠŠ415 Replace the section by the following section:ŠŠ “415. No person may act as the official agent of aŠ national committee, his deputy or a local agentŠ unless he is qualified to vote.”ŠŠ416 Replace the section by the following section:ŠŠ “416. An official agent, his deputy or a local agentŠ shall pay the cost of regulated expenses only out ofŠ a referendum fund.”ŠŠ417 Replace the section by the following section:ŠŠ “417. During a referendum period, only the officialŠ agent of a national committee, his deputy or a localŠ agent may incur or authorize regulated expenses.”ŠŠ418 Replace the section by the following section:ŠŠ “418. No literature, advertising material or radioŠ or television program contemplated in section 406 mayŠ be used during a referendum period except by theŠ official agent of a national committee, his deputy orŠ a local agent, or with their authorization.”ŠŠ419 Replace the section by the following section:ŠŠ “419. No person may accept or execute an order forŠ regulated expenses not given or authorized by theŠ official agent of a national committee, his deputy, aŠ local agent or authorized advertising agency.”ŠŠ420 Replace the word “election” in the first line of theŠ first paragraph by the word “regulated” and the wordŠ “election” in the third line of the first paragraphŠ by the word “referendum”ŠŠ422Š425 Replace the words “an election” in the first andŠ second lines of the first paragraph by the words “aŠ referendum” and the words “or his deputy” in theŠ third line of the first paragraph by the words “, hisŠ deputy or the local agent”ŠŠ Replace the words “an election” in the first line ofŠ the second paragraph by the words “a referendum” andŠ the words “or his deputy” in the third line of theŠ second paragraph by the words “, his deputy or theŠ local agent”ŠŠ Replace the words “an election, the name and title ofŠ the official agent or his deputy” in the first andŠ second lines of the third paragraph by the words “aŠ referendum, the name and title of the official agent,Š his deputy or the local agent”ŠŠ Replace the word “election” in the first line of theŠ fourth paragraph by the word “regulated”, and theŠ words “an election” in the second line of the fourthŠ paragraph by the words “a referendum”ŠŠ426 Replace the words “the official agents of severalŠ candidates” in the first line by the words “severalŠ local agents”, the word “official” in the third lineŠ by the word “local”, and the word “party” in theŠ fourth line by the words “national committee”ŠŠ428 Replace the word “election” in the first line of theŠ first paragraph by the word “regulated”ŠŠ429 Replace the first and second paragraphs by theŠ following paragraphs:ŠŠ “429. Every person to whom an amount is due forŠ regulated expenses shall present his claim to theŠ official agent or the local agent within 60 daysŠ following polling day. In no case may the regulatedŠ expenses be paid by the official agent or the localŠ agent after that period has expired.ŠŠ If the official agent or local agent has died orŠ resigned and has not been replaced, the claim shallŠ be forwarded within the same time limit to theŠ chairman of the national committee or to the officialŠ agent, as the case may be.”ŠŠ430 Replace the section by the following section:ŠŠ “430. Regulated expenses shall be limited so asŠ never to exceed for a national committee, during oneŠ referendum, 50 cents per elector for all theŠ electoral divisions.”ŠŠ432 Replace the word “election” in the first line by theŠ word “referendum”ŠŠ436 Replace the first paragraph by the followingŠ paragraph:ŠŠ “436. Within 90 days following polling day, theŠ official agent of each national committee and,Š through him, each local agent he has appointed, shallŠ deliver to the chief electoral officer a return ofŠ the regulated expenses incurred or authorized byŠ them.”ŠŠ Replace the word “return” in the first line of theŠ second paragraph by the word “returns”ŠŠ Insert, after the word “deputies”, in the first lineŠ of the third paragraph the words “and the localŠ agents” and replace the words “the return” in theŠ second line of the third paragraph by the words “hisŠ return”ŠŠ437 Replace the word “election” in the second line by theŠ word “regulated”ŠŠ438 Replace the words and figures “in sections 433 and”Š in the second line by the word “section”ŠŠ Insert, after the first paragraph, the followingŠ paragraph:ŠŠ “The receipts issued for the contributions, for anyŠ amount whatever, must however remain confidential.”ŠŠ Replace the words “leader of the party or to theŠ candidates” in the second line of the secondŠ paragraph by the words “chairman of the nationalŠ committee” and the words “if they so request” in theŠ third line of the second paragraph by the words “ifŠ the latter so request”ŠŠ439 Replace the section by the following section:ŠŠ “439. In the returns provided for by section 436,Š the official agent and the local agent shallŠ indicate, in addition to regulated expenses, theŠ source of the sums of money paid into the referendumŠ fund put at their disposal.ŠŠ They shall also indicateŠŠ (1) the financial institutions with which the sumsŠ collected by the national committee have beenŠ deposited and the account numbers used;ŠŠ (2) the total of the contributions of $100 or less;ŠŠ (3) the total of the contributions of over $100;ŠŠ (4) the total value of services rendered and goodsŠ furnished free of charge;ŠŠ (5) the total of the sums transferred or loaned byŠ the official representative of an authorized party.”ŠŠ440 Replace the words and figures “sections 433 and 436”Š in the first line of the first paragraph by the wordŠ and figure “section 436”ŠŠ Replace the word “election” in the second line of theŠ second paragraph by the word “referendum”ŠŠ441Š442 Replace the second paragraph by the followingŠ paragraph:ŠŠ “If the claim is not contested by the official agent,Š he shall forward to the chief electoral officer theŠ necessary additional sum, out of his referendum fund,Š to enable him to discharge the claim.”ŠŠ443 Replace the section by the following section:ŠŠ “443. On filing the return prescribed by sectionŠ 436, the official agent of a national committee shallŠ keep the remaining sums and goods in his referendumŠ fund.ŠŠ The sums and goods may be used only for political,Š religious, scientific or charitable purposes.”ŠŠ445 Replace the words “candidate or the leader of theŠ party” in the first and second lines by the wordsŠ “chairman or the official agent of the nationalŠ committee” and the words “party or a candidate, asŠ the case may be”, in the fifth and sixth lines by theŠ words “national committee”ŠŠ446 Replace the words “a candidate or party leader” inŠ the first line of the first paragraph by the wordsŠ “the chairman or the official agent of a nationalŠ committee”ŠŠ Strike out the figure and word “433 or” in the fourthŠ line of the first paragraphŠŠ447 Replace the section by the following section:ŠŠ “447. Before filing the return and statementŠ prescribed by section 436, an official agent or aŠ local agent must have discharged all the claimsŠ received within the period fixed by section 429Š unless he contests them and indicates them asŠ contested.ŠŠ In no case may the official agent or local agent orŠ the national committee pay a claim so contested.Š Only the official agent may pay the claim inŠ execution of a judgment of a competent court inŠ favour of the creditor after the hearing of the caseŠ and not upon an acquiescence in the demand or anŠ agreement of settlement.ŠŠ The chief electoral officer, if no national committeeŠ objects, may authorize the official agent of aŠ national committee to pay a contested claim if theŠ refusal or failure to pay results from a bona fideŠ error.”ŠŠ448 Insert, after the word “agent” in the second line,Š the words “or a local agent”ŠŠ449 Replace the word “representative” in the first lineŠ by the word “agent”, replace the word “election” inŠ the second line by the word “regulated”, and the wordŠ “election” in the sixth line by the word “regulated”ŠŠ450 Replace the section by the following section:ŠŠ “450. The judge having jurisdiction to decide anŠ application under sections 445 to 448 is the chiefŠ judge of the Provincial Court.ŠŠ No application contemplated in the first paragraphŠ may be heard without a notice of at least three clearŠ days to the chief electoral officer and to theŠ chairman of each national committee.”ŠŠ460Š490Š491Š493 Replace the word “election” in paragraph 1 by theŠ word “referendum”ŠŠ Replace the word “candidate” in the first line ofŠ paragraph 6 by the words “national committee”ŠŠ494 Replace the word “election” in the second line ofŠ paragraph 2 by the word “referendum”ŠŠ495Š496Š497 Replace the word “election” in the fourth line by theŠ word “referendum”ŠŠ498 Replace the word “candidate” in the first line ofŠ paragraph 1 by the words “official delegate”ŠŠ Replace the words “a candidate” in the third andŠ fourth lines of paragraph 2 by the words “an option”ŠŠ Replace the words “an election period by a candidate”Š in the first line of the second paragraph by theŠ words “a referendum period by an official delegate”ŠŠ Replace the word “election” in the first line ofŠ subparagraph 1 of the third paragraph by the wordŠ “regulated”ŠŠ Replace the words “the election of a candidate at anŠ election” in the fourth line of paragraphs 1 and 2 ofŠ the third paragraph by the words “an option submittedŠ at a referendum”ŠŠ499Š500 Insert after the word “agent” in the first line theŠ words “or local agent”ŠŠ Replace the word “election” in the first line ofŠ paragraph 1 by the word “regulated”ŠŠ501 Replace the words “candidate or party leader” in theŠ first line by the words “chairman or officialŠ delegate of a national committee” and the wordŠ “election” in the second line by the word “regulated”ŠŠ504 Replace the section by the following section:ŠŠ “504. Whoever omits to file a report or returnŠ prescribed by Title VIII is liable to a fine of $50Š for each day of delay.”ŠŠ505Š506 Insert, after the figure “490” in the second line ofŠ the first paragraph, the word and figures “, 491 andŠ 493”ŠŠ507 Replace the figure “502” in the second line by theŠ figure “501”ŠŠ508 Replace the section by the following section:ŠŠ “508. Every person who contravenes any of sectionsŠ 337, 365, 367 to 370, 372 to 374, 376 to 378, 381,Š 383, 413, 416 to 420, 422, 425 and 428 is guilty ofŠ an offence and liable, in addition to costs, to aŠ fine of not less than $100 and not more thanŠ $10 000.”ŠŠ509Š510 Strike out the words and figures “in paragraph 8 ofŠ section 492” in the second line of the firstŠ paragraphŠŠ Replace the word “election” in the fifth line of theŠ second paragraph by the word “regulated” and insertŠ after the word “agent” in the fifth line of theŠ second paragraph the words “or the local agent”ŠŠ511 Strike out the second paragraphŠ512Š513 Replace the word “election” in the third line by theŠ word “referendum”ŠŠ514 Replace the words “an election” in the first line byŠ the words “a poll” and the word “election” in theŠ third line by the word “referendum”ŠŠ515Š516Š517Š518ŠSchedule A
Schedule B Replace Schedule B by the following schedule:ŠŠSCHEDULE BŠŠREFERENDUM CALENDARŠŠReferendum period without enumerationŠŠMONDAY ///////////////////////////Š42- / /Š / /ŠTUESDAY / /Š41- / /Š / /ŠWEDNESDAY / PERIOD DURING WHICH A /Š40- / WRIT MAY BE ISSUED /Š / /ŠTHURSDAY / /Š39- / /Š / /ŠFRIDAY / /Š38- / /Š / /ŠSATURDAY / /Š37- / /Š / /ŠSUNDAY / /Š36- ///////////////////////////ŠŠMONDAYŠ35-ŠŠTUESDAYŠ34-ŠŠWEDNESDAYŠ33-ŠŠTHURSDAYŠ32-ŠŠFRIDAYŠ31-ŠŠSATURDAYŠ30-ŠŠSUNDAYŠ29-ŠŠMONDAYŠ28- Last day for sending of the list of places where advanceŠ polling stations are establishedŠ - Last day for recommendations of revisors and investigatingŠ assistantsŠŠTUESDAYŠ27- Last day for appointments of revisors and investigatingŠ assistantsŠŠWEDNESDAYŠ26-ŠŠTHURSDAYŠ25-ŠŠFRIDAYŠ24- Last day for the appointment of the third revisor of urbanŠ and rural boards of revisorsŠ - Sending of the list of revisors to each official delegateŠŠSATURDAYŠ23-ŠŠSUNDAYŠ22- Final date for sending to every dwelling a copy of theŠ electoral list, the elector’s manual and notice ofŠ advance pollŠŠMONDAYŠ21- Revision: opening of filing offices for applications forŠ entry, striking off and correction (6 days)Š - First day of work of rural boards of revisors and ruralŠ revisors (11 days)ŠŠTUESDAYŠ20-ŠŠWEDNESDAYŠ19- First day of work of urban boards of revisors (9 days)ŠŠTHURSDAYŠ18-ŠŠFRIDAYŠ17-ŠŠSATURDAYŠ16- Closing of filing officesŠŠSUNDAYŠ15-ŠŠMONDAYŠ14- Last day for recommendations of deputy returning officersŠ and poll clerksŠŠTUESDAYŠ13-ŠŠWEDNESDAYŠ12- Last day for sending to every official delegate the list ofŠ deputy returning officers and pool clerksŠ - Last day for informing every official delegate of placesŠ where polling stations are establishedŠŠTHURSDAYŠ11- Last day for revisionŠ - Coming into force of revised electoral listsŠŠFRIDAYŠ10- Last day for sending to every dwelling an explanatoryŠ booklet on the referendum optionsŠŠSATURDAYŠ 9- Last day for sending of list of changes made to electoralŠ lists at the time of revisionŠŠSUNDAYŠ 8- Advance pollŠ (2 p.m. to 10 p.m.)ŠŠMONDAYŠ 7- Advance pollŠ (2 p.m. to 10 p.m.)ŠŠTUESDAYŠ 6- Sending of the list of persons who have voted in advanceŠ polls to every official delegateŠŠWEDNESDAYŠ 5-ŠŠTHURSDAYŠ 4-ŠŠFRIDAYŠ 3-ŠŠSATURDAYŠ 2- Last day for sending reminders to every dwellingŠŠSUNDAYŠ 1-ŠŠMONDAYŠ 0- POLLING DAYŠ (10 a.m. to 8 p.m.)ŠŠTUESDAYŠ - Addition of votes
Schedule C Replace Schedule C by the following schedule:ŠŠSCHEDULE CŠŠREFERENDUM CALENDARŠŠReferendum period with enumerationŠŠTHURSDAY ///////////////////////////Š53- / /Š / /ŠFRIDAY / /Š52- / /Š / /ŠSATURDAY / PERIOD DURING WHICH A /Š51- / WRIT MAY BE ISSUED /Š / /ŠSUNDAY / /Š50- / /Š / /ŠMONDAY / /Š49- / /Š / /ŠTUESDAY / /Š48- / /Š / /ŠWEDNESDAY / /Š47- ///////////////////////////ŠŠTHURSDAYŠ46-ŠŠFRIDAYŠ45-ŠŠSATURDAYŠ44-ŠŠSUNDAYŠ43-ŠŠMONDAYŠ42-ŠŠTUESDAYŠ41-ŠŠWEDNESDAYŠ40- Last day for recommendations and appointments of enumeratorsŠŠTHURSDAYŠ39- Sending of the list of enumerators to each official delegateŠŠFRIDAYŠ38-ŠŠSATURDAYŠ37-ŠŠSUNDAYŠ36-ŠŠMONDAYŠ35- Beginning of enumeration (4 days)ŠŠTUESDAYŠ34-ŠŠWEDNESDAYŠ33-ŠŠTHURSDAYŠ32-ŠŠFRIDAYŠ31-ŠŠSATURDAYŠ30- Last day for sending of electoral lists to the returningŠ officersŠ - Beginning of printing of electoral listsŠŠSUNDAYŠ29- Beginning of publicity by national committeesŠŠMONDAYŠ28- Last day for sending of the list of places where advanceŠ polling stations are establishedŠ - Last day for recommendations of revisors and investigatingŠ assistantsŠŠTUESDAYŠ27- Last day for appointments of revisors and investigatingŠ assistantsŠ - Last day for sending certified electoral lists to eachŠ official delegateŠŠWEDNESDAYŠ26-ŠŠTHURSDAYŠ25-ŠŠFRIDAYŠ24- Last day for the appointment of the third revisor of urbanŠ and rural boards of revisorsŠ - Sending of the list of revisors to each official delegateŠŠSATURDAYŠ23-ŠŠSUNDAYŠ22- Final date for sending to every dwelling a copy of theŠ electoral list, the elector’s manual and notice of advanceŠ pollŠŠMONDAYŠ21- Revision: opening of filing offices for applications forŠ entry, striking off and correction (6 days)Š - First day of work of rural boards of revisors and ruralŠ revisors (11 days)ŠŠTUESDAYŠ20-ŠŠWEDNESDAYŠ19- First day of work of urban boards of revisors (9 days)ŠŠTHURSDAYŠ18-ŠŠFRIDAYŠ17-ŠŠSATURDAYŠ16- Closing of filing officesŠŠSUNDAYŠ15-ŠŠMONDAYŠ14- Last day for recommendations of deputy returning officersŠ and poll clerksŠŠTUESDAYŠ13-ŠŠWEDNESDAYŠ12- Last day for sending to every official delegate the listŠ of deputy returning officers and poll clerksŠ - Last day for informing every official delegate of placesŠ where polling stations are establishedŠŠTHURSDAYŠ11- Last day for revisionŠ - Coming into force of revised electoral listsŠŠFRIDAYŠ10- Last day for sending to every dwelling an explanatoryŠ booklet on the referendum optionsŠŠSATURDAYŠ 9- Last day for sending of list of changes made to electoralŠ lists at the time of revisionŠŠSUNDAYŠ 8- Advance pollŠ (2 p.m. to 10 p.m.)ŠŠMONDAYŠ 7- Advance pollŠ (2 p.m. to 10 p.m.)ŠŠTUESDAYŠ 6- Sending of the list of persons who have voted in advanceŠ polls to every official delegateŠŠWEDNESDAYŠ 5-ŠŠTHURSDAYŠ 4-ŠŠFRIDAYŠ 3-ŠŠSATURDAYŠ 2- Last day for sending reminders to every dwellingŠŠSUNDAYŠ 1-ŠŠMONDAYŠ 0- POLLING DAYŠ (10 a.m. to 8 p.m.)ŠŠTUESDAYŠ - Addition of votes
Schedule F Replace the schedule by the following schedule:ŠŠSCHEDULE FŠŠSTATEMENT OF POLLŠŠElectoral division of .........................................ŠŠ Polling subdivision No. ......ŠŠ---------------------------------------------------------------Š . . ŠNumber of ballot papers received from the . . Š returning officer ............................ . . .....Š . . ŠNumber of ballot papers cast for .............. . ..... . Š (Indicate the option) . . Š . . ŠNumber of ballot papers cast for .............. . ..... . Š (Indicate the option) . . Š . . ŠNumber of ballot papers cast for .............. . ..... . Š (Indicate the option) . . Š . . ŠNumber of ballot papers cast for .............. . ..... . Š (Indicate the option) . . Š . . ŠNumber of ballot papers cast for .............. . ..... . Š (Indicate the option) . . Š . . ŠNumber of ballot papers cast for .............. . ..... . Š (Indicate the option) . . Š . . ŠNumber of ballot papers cast for .............. . ..... . Š (Indicate the option) . . Š . . ŠNumber of ballot papers spoiled (not placed in . . Š box) ......................................... . ..... . Š . . ŠNumber of ballot papers rejected in counting . . Š the ballots .................................. . ..... . Š . . ŠNumber of ballot papers not used .............. . ..... . Š ---------------Š . . ŠTotals ........................................ . ..... . .....Š---------------------------------------------------------------Š Given under my hand, at ....................................,Šthis .............................................. 19........Š .............................Š Deputy Returning Officer
Schedule G Replace the schedule by the following schedule:ŠŠSCHEDULE GŠŠSTATEMENT OF VOTESŠŠElectoral division of .........................................ŠŠ Polling subdivision No. .......ŠŠ I, the undersigned, deputy returning officer, certify that atŠthe poll held this day, the options listed below received theŠnumber of votes set opposite their respective indications:ŠŠ---------------------------------------------------------------Š Indication of option . Number of votes Š---------------------------------------------------------------Š .................................. . ................... Š .................................. . ................... Š .................................. . ................... Š .................................. . ................... Š .................................. . ................... Š .................................. . ................... Š .................................. . ................... Š---------------------------------------------------------------ŠŠand also thatŠ .......... ballot papers were rejected in counting the ballots.Š(number in letters)ŠŠ Given under my hand, at ....................................,Šthis ................................................ 19......ŠŠ .............................Š Deputy Returning Officer
APPENDIX 2
(Sections 16, 17, 44, 45)ŠŠPROVISIONS APPLICABLE TO THE HOLDING OF A REFERENDUMŠŠELECTION ACT (chapter E-3.2)ŠŠSECTIONS AMENDMENTSŠŠ7 Strike out the second paragraphŠ8Š9 Replace the section by the following section:ŠŠ “9. In respect of the financing of nationalŠ committees and the control of regulated expenses, theŠ chief electoral officer shall, in particular,ŠŠ (1) verify that the national committees, the officialŠ agents and their deputies as well as the local agentsŠ are complying with Title VIII;ŠŠ (2) establish the forms and documents for use in theŠ administration of Title VIII;ŠŠ (3) issue directives on the bookkeeping of theŠ national committees;ŠŠ (4) receive and examine the returns of regulatedŠ expenses;ŠŠ (5) inquire into the legality of contributions andŠ regulated expenses.”ŠŠ10 Strike out, in the first and second lines ofŠ paragraph 3, the following words: “and on the ActŠ respecting electoral representation (chapter R-24.1)”ŠŠ Replace the words “political party” in the first lineŠ of paragraph 5 by the words “national committee”, theŠ word “candidates” in the second line of paragraph 5Š by the word “committees” and the word “parties” inŠ the third line of paragraph 5 by the words “nationalŠ committees”ŠŠ12Š13Š14Š15Š17 Strike out the first paragraphŠŠ Replace the words “his assistants” in the third lineŠ of the second paragraph by the words “one of hisŠ assistants”ŠŠ19Š20Š24Š25 Strike out the second paragraphŠŠ Replace the words “an election” in the first line ofŠ the third paragraph by the words “a referendum”ŠŠ26Š27Š28Š29Š30Š31Š32Š42 Replace the section by the following section:ŠŠ “42. The returning officer, under the authority ofŠ the chief electoral officer, is responsible, in theŠ electoral division to which he is appointed, for theŠ administration of this Act and the training of theŠ election officers.”ŠŠ54Š55Š56Š57Š58Š59 Replace the word “election” in the fourth line of theŠ first paragraph by the word “referendum”ŠŠ60 Strike out the fourth paragraphŠ61Š62Š64 Replace the words “an election” in the first line ofŠ the first paragraph by the words “a referendum” andŠ the word “election” in the third line by the wordŠ “referendum”ŠŠ Strike out the words “in the electoral division whereŠ the election is held” in the second and third linesŠ of the second paragraphŠŠ65 Replace the section by the following section:ŠŠ “65. The two enumerators shall be appointed by theŠ returning officer, one on the recommendation of theŠ national committee having the greatest number ofŠ members of the National Assembly and the other on theŠ recommendation of the national committee having theŠ second greatest number of members of the NationalŠ Assembly.”ŠŠ67 Replace the section by the following section:ŠŠ “67. The recommendations are made by the officialŠ delegate.ŠŠ For the purposes of this Act, the expressionŠ “official delegate” means the person appointed asŠ such by the chairman of a national committee toŠ represent him in an electoral division.”ŠŠ68Š69Š70 Replace the section by the following section:ŠŠ “70. The returning officer shall post up in hisŠ official office and transmit to each officialŠ delegate the list of the enumerators he hasŠ appointed.ŠŠ The returning officer shall immediately inform theŠ official delegates of any change that is made to theŠ list.”ŠŠ71Š72 Strike out the first paragraphŠŠ Replace the words “an election” in the first line ofŠ the second paragraph by the words “a referendum”ŠŠ73Š74Š75 Strike out, in the third, fourth and fifth lines ofŠ the first paragraph, the following words: “on theŠ first day fixed for enumeration or, where enumerationŠ takes place during the election period,”ŠŠ Strike out, in the second, third, fourth and fifthŠ lines of the second paragraph, the following words:Š “on the first day fixed for enumeration or, whereŠ enumeration takes place during the referendumŠ period,”ŠŠ76Š77Š78Š79Š80Š81Š82Š83Š84Š85Š86Š87Š88 Replace the words “the authorized parties representedŠ in the National Assembly and, as the case may be, toŠ any independent Member” in the third, fourth andŠ fifth lines of the first paragraph by the words “eachŠ official delegate”ŠŠ Strike out the second paragraphŠŠ89Š90 Replace the words “an election” in the first line byŠ the words “a referendum”, the word “election” in theŠ second line by the word “referendum”, and the wordŠ “candidate” in the fourth line by the words “officialŠ delegate”ŠŠ91Š92Š93 Replace the words “an election” in the first line ofŠ the first paragraph by the words “a referendum” andŠ the word “election” in the second line by the wordŠ “referendum”ŠŠ Replace the word “election” in the first line of theŠ second paragraph by the word “referendum”ŠŠ94Š95 Replace the word “candidate” in the second line byŠ the words “official delegate”ŠŠ96Š97Š98Š99 Replace the words “candidate and each authorizedŠ authority of a party at the level of the electoralŠ division,” in the fourth and fifth lines of the firstŠ paragraph by the words “national committee and eachŠ official delegate,”ŠŠ100Š101Š102Š103Š104Š105Š106 Replace the word “election” in the third line by theŠ word “referendum”ŠŠ107Š108 Strike out, in the fourth line, the words “except forŠ a by-election,”ŠŠ109Š110Š111Š112Š113 Replace the second paragraph by the followingŠ paragraph:ŠŠ “The returning officer shall thereupon inform theŠ chief electoral officer, each national committee andŠ each official delegate of the selected places.”ŠŠ114Š115Š116Š117Š118Š119 Replace the words “candidate and to each partyŠ authority at the level of the electoral division,”Š in the second and third lines by the words “nationalŠ committee and each official delegate”ŠŠ120Š121Š122Š123Š124Š125Š126Š127 Replace the section by the following section:ŠŠ “127. The revisor recommended by the nationalŠ committee having the greatest number of members inŠ the National Assembly shall act as chairman of theŠ board of revisors.ŠŠ The revisor recommended by the national committeeŠ having the second greatest number of members in theŠ National Assembly shall act as vice-chairman.”ŠŠ128Š129Š130Š131Š132Š133Š134Š135Š136Š137Š138Š139Š140Š141 Replace the word “candidate” in the fourth line byŠ the words “official delegate”ŠŠ142Š143 Replace the word “candidate” in the second line byŠ the words “official delegate”ŠŠ144Š145Š146Š147Š148Š149Š150Š151Š152Š153Š154Š155 Replace the word “election” in the third line by theŠ word “referendum”ŠŠ159 Replace the word “election” in the first and secondŠ paragraphs by the word “referendum”ŠŠ160 Replace the words “party authority at the level ofŠ the electoral division” in the fourth and fifth linesŠ of the first paragraph by the words “nationalŠ committee, each official delegate”ŠŠ161 Replace the words “an election” in the first line byŠ the words “a referendum”ŠŠ162 Replace the words “political parties and ofŠ candidates” in the second line of the secondŠ paragraph by the words “national committees”ŠŠ163 Replace the words “particulars that will be containedŠ in” in the fourth and fifth lines by the wordsŠ “question that will appear on”ŠŠ179 Replace the first and second paragraphs by theŠ following paragraph:ŠŠ “179. Every employer shall, upon a written request,Š grant a leave without pay to an employee who acts asŠ the chairman of a national committee or as anŠ official delegate. The request may be made at anyŠ time from the date of the order instituting theŠ holding of a referendum.ŠŠ The employee’s leave begins on the day requested byŠ the employee and ends on the thirtieth day followingŠ polling day.”ŠŠ180 Replace the first and second paragraphs by theŠ following paragraphs:ŠŠ “180. Every employer shall, upon a written request,Š grant a leave without pay to an employee who acts asŠ the official agent of a national committee. TheŠ request may be made at any time from the date ofŠ the order instituting the holding of a referendum.ŠŠ The employee’s leave begins on the day requested byŠ the employee and ends on the one hundred andŠ twentieth day following polling day.”ŠŠ181Š182Š183Š184 Replace section 184 by the following section:ŠŠ “184. Upon receipt of a copy of the order, theŠ returning officer shall draw up a proclamation.”ŠŠ185 Replace section 185 by the following section:ŠŠ “185. The proclamation shall set forthŠŠ (1) the text of the question put to the electors;ŠŠ (2) the days and hours of polling at advance pollingŠ stations;ŠŠ (3) the day and hours of polling at polling stations;ŠŠ (4) the name of every national committee and, forŠ each of them and, the surname and given name of theŠ chairman and of the official agent, and, for theŠ electoral division, the surname and given name of theŠ official delegate and of the local agent.”ŠŠ186 Replace, in the second and third lines, the wordsŠ “candidate or his mandatary” by the words “officialŠ delegate”ŠŠ191 Replace the words “candidate and each authorizedŠ party authority at the level of an electoralŠ division” in the fifth and sixth lines by the wordsŠ “official delegate”ŠŠ192 Replace the figure “234” in the first line by theŠ following “225, 227 to 234”ŠŠ193Š194 Strike out, in the first line, the following:Š “, inmates”ŠŠ195Š196Š197Š198Š199 Replace the words “the candidates” in the first andŠ second lines by the words “each official delegate”ŠŠ200 Replace the words “candidate or his mandatary” in theŠ second line of the third paragraph by the wordsŠ “official delegate”ŠŠ201Š202Š203 Replace the words “general election” in the firstŠ paragraph, by the word “referendum”ŠŠ Strike out the word “advance” in the third line ofŠ the second paragraphŠŠ Replace the words “of his domicile” in the thirdŠ paragraph by the words “where the house of detentionŠ is situated”ŠŠ204 Replace the third paragraph by the followingŠ paragraph:ŠŠ “The warden shall send the electoral list to theŠ returning officer not later than the eighth dayŠ preceding polling day.”ŠŠ205 Strike out the word “advance” in the third line ofŠ the first paragraphŠŠ Replace the words and figures “sections 225 and 226”Š in the second line of the second paragraph by theŠ word and figure “section 225”ŠŠ206 Replace the words “authorized party” by the wordsŠ “official delegate of a national committee”ŠŠ208Š209 Replace section 209 by the following section:ŠŠ “209. The polling station shall be open from 10 a.m.Š to 8 p.m. on polling day.”ŠŠ211 Replace section 211 by the following section:ŠŠ “211. At the close of the polling station, theŠ procedure set out in sections 270 to 280 shall beŠ followed and the deputy returning officer shall remitŠ the ballot box and the envelope containing theŠ electoral list to the returning officer or the personŠ designated by him.”ŠŠ217Š218 Replace the word “candidate” by the words “officialŠ delegate” in the first line of the second paragraphŠŠ219Š220Š221 Replace the words “an election” by the words “aŠ referendum” in the second line of the first paragraphŠŠ222Š223Š224Š225 Replace section 225 by the following section:ŠŠ “225. In every polling station, the returningŠ officer shall appoint as deputy returning officer theŠ person recommended by the official delegate of theŠ national committee which has the greatest number ofŠ members in the National Assembly.ŠŠ He shall appoint as poll clerk the person recommendedŠ by the official delegate of the national committeeŠ which has the second highest number of members in theŠ National Assembly.ŠŠ Where the two national committees have an equalŠ number of members in the National Assembly, the chiefŠ electoral officer shall determine, by a drawing ofŠ lots, which committee is deemed to have the highestŠ number of members or, as the case may be, the secondŠ highest number of members in the National Assembly.”ŠŠ227Š228 Replace the word “candidate” by the words “officialŠ delegate” in the second line of the first paragraphŠŠ229Š230Š231 Replace section 231 by the following section:ŠŠ “231. The official delegate of each nationalŠ committee may designate a person and give him aŠ mandate by power of attorney to represent theŠ national committee before the deputy returningŠ officer or the officer in charge of informationŠ and order, or before each of them.”ŠŠ232 Replace the words “candidate or his mandatary” byŠ the words “official delegate” in the first and secondŠ linesŠŠ233 Replace the word “candidate” in the first line by theŠ words “official delegate”ŠŠ234 Replace the words “name of the candidate for whom” inŠ the second and third lines by the words “option forŠ which”ŠŠ235 Replace the words “A candidate” in the first line byŠ the words “The official delegate of each nationalŠ committee”ŠŠ236 Replace the words “candidate or his mandatary” in theŠ second and third lines by the words “officialŠ delegate”ŠŠ237 Strike out the words “in accordance with the modelŠ provided in Schedule F and” in the second line of theŠ first paragraphŠŠ238Š239Š240Š241 Replace the first paragraph by the followingŠ paragraph:ŠŠ “241. The ballot paper must contain on the obverseŠ a space specially reserved for the wording of theŠ question.”ŠŠ Strike out the second paragraphŠŠ242Š243 Replace the word “election” in the first line of theŠ first paragraph by the word “referendum”ŠŠ244Š245 Replace the word “candidates” in the first line ofŠ the second paragraph by the words “nationalŠ committees”ŠŠ246Š247Š248Š249Š250 Replace the words “candidates and their mandataries”Š in the second and third lines by the words “chairmenŠ of national committees and their official delegates”ŠŠ251Š252Š253Š254Š255 Replace the word “circles” in the second line by theŠ words “spaces reserved for that purpose”, and theŠ word “candidate” in the fifth line by the wordsŠ “national committee”ŠŠ256Š257Š258Š259Š260 Replace the words “the name of the candidate for whomŠ the elector has voted” in the seventh and eighthŠ lines of the first paragraph by the words “the optionŠ for which the elector has given his vote”ŠŠ261 Replace the words “then indicate to him the order inŠ which the candidates appear on the ballot paper, andŠ the indications entered under their names, where suchŠ is the case” in the fourth, fifth and sixth lines byŠ the words “read the question and indicate to him theŠ order in which the options appear on the ballotŠ paper”ŠŠ262 Replace the word “candidate” in the second line ofŠ the first paragraph by the words “national committee”ŠŠ Replace the word “election” in paragraphs 2 and 3 byŠ the word “referendum”, the words “a candidate” in theŠ second line of paragraph 4 by the words “an option”Š and the word “election” in the second line ofŠ paragraph 5 by the word “referendum”ŠŠ263Š264Š265Š266 Strike out the word “political” in the second lineŠ and replace the words “a party or a candidate” in theŠ second and third lines by the words “one of theŠ options submitted to a referendum”ŠŠ267Š268Š269Š270 Replace the word “candidates” in the third line byŠ the words “official delegates”ŠŠ271Š272Š273Š274 Replace the word “circles” in the second line of theŠ first paragraph by the word “spaces”ŠŠ Replace the word “candidate” in paragraph 4 of theŠ second paragraph by the word “option”, the words “aŠ person who is not a candidate” in paragraph 5 of theŠ second paragraph by the words “an option which is notŠ one of the options submitted to a referendum” and theŠ word “circles” in paragraph 6 of the second paragraphŠ by the words “spaces reserved for that purpose”ŠŠ275 Replace the words “circles by the elector extendsŠ beyond the circumference of the circle” in the secondŠ and third lines of the second paragraph by the wordsŠ “spaces reserved for that purpose extends beyond theŠ space”ŠŠ276 Replace the words “candidate or the representative ofŠ a candidate” in the second line by the wordsŠ “official delegate or his representative”ŠŠ277 Replace the word “candidate” in the fourth line ofŠ the first paragraph by the word “option”ŠŠ278 Replace the word “candidate” in the third line by theŠ words “official delegate”Š279Š280Š281 Replace the words “candidate or his mandatary” in theŠ first and second lines of the first paragraph by theŠ words “official delegate”ŠŠ Replace the words “candidate, mandatary” in the thirdŠ line of the second paragraph by the words “officialŠ delegate”ŠŠ282 Replace the word “candidate” in the third line of theŠ first paragraph by the word “option”ŠŠ Strike out the second paragraphŠŠ283Š284 Replace the words “return as elected the candidateŠ who” in the first line of the first paragraph by theŠ words “announce the option which”ŠŠ286 Replace the words “declare elected the candidate who”Š in the second and third lines of the first paragraphŠ by the words “issue a declaration indicating theŠ option which”, and the word “candidate” in the fourthŠ line of the first paragraph by the words “officialŠ delegate”ŠŠ Strike out the words “of election” in the second lineŠ of the second paragraphŠŠ287 Replace the word “election” in the second line of theŠ first paragraph by the word “referendum”ŠŠ288 Replace the word “election” in the third line by theŠ word “referendum”ŠŠ289 Replace the words “the names of the candidatesŠ declared elected” in the first and second lines byŠ the words “the option which has obtained the greatestŠ number of votes”ŠŠ290 Replace section 290 by the following section:ŠŠ “290. The chief electoral officer shall, as soon asŠ possible, publish a notice in the Gazette officielleŠ du Québec indicating, for each electoral division,Š the number of votes for each of the options appearingŠ on the ballot paper.”ŠŠ291 Replace the word “election”, which appears twice inŠ the second line of the first paragraph, by the wordŠ “referendum”ŠŠ292Š293 Replace the word “whom” in the second line by theŠ words “which option”ŠŠ294 Replace the word “candidate” in the first line by theŠ words “official candidate”, and the words “the nameŠ of the candidate in favour of whom” in the second andŠ third lines by the words “the option for which”ŠŠ295 Replace the word “candidate” in the first line by theŠ words “official delegate”, and the words “the name ofŠ the candidate for whom” in the third line by the wordsŠ “the option for which”ŠŠ296 Replace the word “whom” by the words “which option”ŠŠ316 Replace section 316 by the following section:ŠŠ “316. In this title, unless otherwise required byŠ the context,ŠŠ “official agent”, “local agent”, “permanent office ofŠ an authorized party”, “regulated expenses” andŠ “referendum period” have the meaning assigned toŠ those expressions by the Referendum Act (chapterŠ C-64.1);ŠŠ “financial institution” means a chartered bank, aŠ trust company or a savings and credit union.”ŠŠ317 Replace the first paragraph by the followingŠ paragraph:ŠŠ “317. Money donated to a national committee,Š services rendered and goods furnished to it toŠ promote an option submitted to the referendum areŠ deemed to be contributions.”ŠŠ Strike out subparagraphs 2 and 3 of the secondŠ paragraphŠŠ Replace subparagraph 4 of the second paragraph by theŠ following paragraph:ŠŠ “A loan granted to a national committee at theŠ current rate on the market at the time it is grantedŠ by an authorized political party.”ŠŠ Strike out subparagraphs 5 and 6 of the secondŠ paragraphŠŠ318 Replace the section by the following section:ŠŠ “318. Nothing in this title shall prohibit transfersŠ of fundsŠŠ (1) of an authorized party to the referendum fund ofŠ a national committee; orŠŠ (2) of the referendum fund of a national committee toŠ the referendum fund put at the disposal of a localŠ agent.”ŠŠ324 Replace the first paragraph by the followingŠ paragraph:ŠŠ “324. An official representative may resign byŠ sending a written notice to that effect to theŠ chairman of the national committee.”ŠŠ Replace the words “an authorized entity no longer hasŠ an official representative” in the first line of theŠ second paragraph by the words “a national committee noŠ longer has an agent”ŠŠ Replace the words “official representative or of aŠ delegate” in the second and third lines of the thirdŠ paragraph by the words “official agent”ŠŠ331 The section is replaced by the following section:ŠŠ “331. The official agent of a national committee isŠ authorized to solicit and collect contributions untilŠ polling day.ŠŠ After polling day, the official agent is authorized toŠ solicit and collect contributions only for the purposeŠ of paying the debts arising from his regulatedŠ expenses and to dispose, in accordance with the secondŠ paragraph of section 443, of the sums and propertyŠ derived from his referendum fund.”ŠŠ337 Replace the words “leader of an authorized party” inŠ the first line by the words “chairman of a nationalŠ committee”ŠŠ365 Strike out the second paragraphŠ367Š368 Replace the words “calendar year” in the second lineŠ of the first paragraph by the word “referendum”, andŠ the words “authorized entities” in the third andŠ fourth lines of the first paragraph by the wordsŠ “national committees”ŠŠ Replace the words “an authorized entity” in the firstŠ line of the second paragraph by the words “a nationalŠ committee”ŠŠ369 Replace the words “official representative of anŠ authorized entity” in the second line of the firstŠ paragraph by the words “official agent of a nationalŠ committee”, and the word “representative” in theŠ fourth line of the first paragraph by the wordŠ “agent”ŠŠ Replace the word “representative” in the second lineŠ of the second paragraph by the word “agent”ŠŠ370 Replace the words “representative of the authorizedŠ entity for which” in the second line by the wordsŠ “agent of the national committee for which”ŠŠ371 Replace section 371 by the following section:ŠŠ “371. The local agent has, for the electoralŠ division for which he is appointed, the powersŠ conferred on the official agent by sections 369, 370Š and 373.”ŠŠ372Š373 Replace the word “representative” in the first lineŠ by the word “agent”ŠŠ374 Replace the words “authorized entity” in the secondŠ line by the words “national committee”ŠŠ375 Replace the words “authorized entity” in the secondŠ line by the words “national committee”ŠŠ376 Replace the words “authorized entity” in the thirdŠ line by the words “official agent”ŠŠ377Š378 Replace the first paragraph by the followingŠ paragraph:ŠŠ “378. Every radio, television or cable broadcasterŠ and every owner of a newspaper, a periodical or otherŠ printed matter may make air time on the radio orŠ television or space in the newspaper, periodical orŠ other printed matter available free of charge toŠ national committees, provided he offers such serviceŠ equitably as to quality and quantity to each nationalŠ committee.”ŠŠ381 Replace the words “representative of an authorizedŠ entity” in the first line by the words “agent of aŠ national committee”ŠŠ382Š405 Replace section 405 by the following section:ŠŠ “405. All the expenditures incurred during aŠ referendum period to promote or oppose directly orŠ indirectly, an option submitted to a referendum areŠ regulated expenses.”ŠŠ406 Replace the words “an election” in the first line ofŠ the first paragraph by the words “a referendum”, theŠ word “election” in the third line by the wordŠ “referendum”, and the word “election” in the fifthŠ line by the word “regulated”ŠŠ Replace the word “election” in the second line of theŠ second paragraph by the word “referendum”ŠŠ Replace the word “election” in the third line of theŠ third paragraph by the word “referendum”ŠŠ407 Replace the word “election” in the first line by theŠ word “regulated”ŠŠ Replace the word “election” in the sixth and in theŠ eighth lines of paragraph 1 by the word “referendum”ŠŠ Replace the word “election” in the third line ofŠ paragraph 2 by the word “referendum”ŠŠ Strike out paragraphs 3 and 4ŠŠ Replace the words “a candidate or any other” in theŠ first line of paragraph 5 by the word “any” and theŠ word “election” in the third line of paragraph 5 byŠ the word “referendum”ŠŠ Strike out paragraph 6ŠŠ Strike out the words “other than a candidate” in theŠ first line of paragraph 7ŠŠ Replace the words “a candidate or a party” in theŠ fourth and fifth lines of paragraph 8 by the wordsŠ “an option submitted to the referendum”ŠŠ Insert after the word “the” in the second line ofŠ paragraph 9 the word “authorized”ŠŠ Replace the word “election” in the first line ofŠ paragraph 10 by the word “referendum”, the wordŠ “representative” in the third line of paragraph 10 byŠ the word “agent”, the word “election” in the thirdŠ and fifth lines of paragraph 10 by the wordŠ “regulated”, and the words “an election” in theŠ fourth line of paragraph 10 by the words “aŠ regulated”ŠŠ409 Replace the words “An authorized party” in the firstŠ line of the first paragraph by the words “A nationalŠ committee”, and the word “election” in the first lineŠ of the first paragraph by the word “regulated”ŠŠ Replace the second paragraph by the followingŠ paragraph:ŠŠ “The official agent shall be appointed by theŠ chairman of the national committee who shall notifyŠ it to the chief electoral officer.”ŠŠ Replace the word “party” in the second line of theŠ third paragraph by the words “national committee”ŠŠ410 Replace the first paragraph by the followingŠ paragraphs:ŠŠ “410. The official agent of a national committeeŠ may, with the approval of the chairman of theŠ national committee, appoint the required number ofŠ deputies and, for each electoral division, a localŠ agent.ŠŠ The official agent may give them a mandate to incurŠ or authorize regulated expenses up to the amount heŠ fixes in their deed of appointment. The amount mayŠ be changed at any time, in writing, by the officialŠ agent before he files his return of regulatedŠ expenses.”ŠŠ Replace the word “election” in the first line of theŠ second paragraph by the word “regulated”ŠŠ Replace the word “party” in the first line of theŠ third paragraph by the words “national committee”ŠŠ411 Replace the first paragraph by the followingŠ paragraph:ŠŠ “411. Every official agent or local agent mayŠ authorize, in writing, an advertising agency to incurŠ or order regulated expenses up to the amount he fixesŠ in the authorization. That amount may be changed atŠ any time, in writing, by the official agent or theŠ local agent, as the case may be, before he files hisŠ return of regulated expenses.”ŠŠ Insert after the word “agent” in the first line ofŠ the second paragraph the words “or the local agent,Š as the case may be”ŠŠ413 Replace the section by the following section:ŠŠ “413. If the official agent dismisses a local agent,Š he shall notify it in writing to the returningŠ officer. He may appoint another local agent.”ŠŠ414 Replace the word “official” in the second line of theŠ first paragraph by the word “local”ŠŠ Replace the words “an official” in the first line ofŠ the second paragraph by the words “a local” and theŠ words “candidate or his mandatary” in the fourth lineŠ of the second paragraph by the words “officialŠ delegate”ŠŠ415 Replace the section by the following section:ŠŠ “415. No person may act as the official agent of aŠ national committee, his deputy or a local agentŠ unless he is qualified to vote.”ŠŠ416 Replace the section by the following section:ŠŠ “416. An official agent, his deputy or a local agentŠ shall pay the cost of regulated expenses only out ofŠ a referendum fund.”ŠŠ417 Replace the section by the following section:ŠŠ “417. During a referendum period, only the officialŠ agent of a national committee, his deputy or a localŠ agent may incur or authorize regulated expenses.”ŠŠ418 Replace the section by the following section:ŠŠ “418. No literature, advertising material or radioŠ or television program contemplated in section 406 mayŠ be used during a referendum period except by theŠ official agent of a national committee, his deputy orŠ a local agent, or with their authorization.”ŠŠ419 Replace the section by the following section:ŠŠ “419. No person may accept or execute an order forŠ regulated expenses not given or authorized by theŠ official agent of a national committee, his deputy, aŠ local agent or authorized advertising agency.”ŠŠ420 Replace the word “election” in the first line of theŠ first paragraph by the word “regulated” and the wordŠ “election” in the third line of the first paragraphŠ by the word “referendum”ŠŠ422Š425 Replace the words “an election” in the first andŠ second lines of the first paragraph by the words “aŠ referendum” and the words “or his deputy” in theŠ third line of the first paragraph by the words “, hisŠ deputy or the local agent”ŠŠ Replace the words “an election” in the first line ofŠ the second paragraph by the words “a referendum” andŠ the words “or his deputy” in the third line of theŠ second paragraph by the words “, his deputy or theŠ local agent”ŠŠ Replace the words “an election, the name and title ofŠ the official agent or his deputy” in the first andŠ second lines of the third paragraph by the words “aŠ referendum, the name and title of the official agent,Š his deputy or the local agent”ŠŠ Replace the word “election” in the first line of theŠ fourth paragraph by the word “regulated”, and theŠ words “an election” in the second line of the fourthŠ paragraph by the words “a referendum”ŠŠ426 Replace the words “the official agents of severalŠ candidates” in the first line by the words “severalŠ local agents”, the word “official” in the third lineŠ by the word “local”, and the word “party” in theŠ fourth line by the words “national committee”ŠŠ428 Replace the word “election” in the first line of theŠ first paragraph by the word “regulated”ŠŠ429 Replace the first and second paragraphs by theŠ following paragraphs:ŠŠ “429. Every person to whom an amount is due forŠ regulated expenses shall present his claim to theŠ official agent or the local agent within 60 daysŠ following polling day. In no case may the regulatedŠ expenses be paid by the official agent or the localŠ agent after that period has expired.ŠŠ If the official agent or local agent has died orŠ resigned and has not been replaced, the claim shallŠ be forwarded within the same time limit to theŠ chairman of the national committee or to the officialŠ agent, as the case may be.”ŠŠ430 Replace the section by the following section:ŠŠ “430. Regulated expenses shall be limited so asŠ never to exceed for a national committee, during oneŠ referendum, 50 cents per elector for all theŠ electoral divisions.”ŠŠ432 Replace the word “election” in the first line by theŠ word “referendum”ŠŠ436 Replace the first paragraph by the followingŠ paragraph:ŠŠ “436. Within 90 days following polling day, theŠ official agent of each national committee and,Š through him, each local agent he has appointed, shallŠ deliver to the chief electoral officer a return ofŠ the regulated expenses incurred or authorized byŠ them.”ŠŠ Replace the word “return” in the first line of theŠ second paragraph by the word “returns”ŠŠ Insert, after the word “deputies”, in the first lineŠ of the third paragraph the words “and the localŠ agents” and replace the words “the return” in theŠ second line of the third paragraph by the words “hisŠ return”ŠŠ437 Replace the word “election” in the second line by theŠ word “regulated”ŠŠ438 Replace the words and figures “in sections 433 and”Š in the second line by the word “section”ŠŠ Insert, after the first paragraph, the followingŠ paragraph:ŠŠ “The receipts issued for the contributions, for anyŠ amount whatever, must however remain confidential.”ŠŠ Replace the words “leader of the party or to theŠ candidates” in the second line of the secondŠ paragraph by the words “chairman of the nationalŠ committee” and the words “if they so request” in theŠ third line of the second paragraph by the words “ifŠ the latter so request”ŠŠ439 Replace the section by the following section:ŠŠ “439. In the returns provided for by section 436,Š the official agent and the local agent shallŠ indicate, in addition to regulated expenses, theŠ source of the sums of money paid into the referendumŠ fund put at their disposal.ŠŠ They shall also indicateŠŠ (1) the financial institutions with which the sumsŠ collected by the national committee have beenŠ deposited and the account numbers used;ŠŠ (2) the total of the contributions of $100 or less;ŠŠ (3) the total of the contributions of over $100;ŠŠ (4) the total value of services rendered and goodsŠ furnished free of charge;ŠŠ (5) the total of the sums transferred or loaned byŠ the official representative of an authorized party.”ŠŠ440 Replace the words and figures “sections 433 and 436”Š in the first line of the first paragraph by the wordŠ and figure “section 436”ŠŠ Replace the word “election” in the second line of theŠ second paragraph by the word “referendum”ŠŠ441Š442 Replace the second paragraph by the followingŠ paragraph:ŠŠ “If the claim is not contested by the official agent,Š he shall forward to the chief electoral officer theŠ necessary additional sum, out of his referendum fund,Š to enable him to discharge the claim.”ŠŠ443 Replace the section by the following section:ŠŠ “443. On filing the return prescribed by sectionŠ 436, the official agent of a national committee shallŠ keep the remaining sums and goods in his referendumŠ fund.ŠŠ The sums and goods may be used only for political,Š religious, scientific or charitable purposes.”ŠŠ445 Replace the words “candidate or the leader of theŠ party” in the first and second lines by the wordsŠ “chairman or the official agent of the nationalŠ committee” and the words “party or a candidate, asŠ the case may be”, in the fifth and sixth lines by theŠ words “national committee”ŠŠ446 Replace the words “a candidate or party leader” inŠ the first line of the first paragraph by the wordsŠ “the chairman or the official agent of a nationalŠ committee”ŠŠ Strike out the figure and word “433 or” in the fourthŠ line of the first paragraphŠŠ447 Replace the section by the following section:ŠŠ “447. Before filing the return and statementŠ prescribed by section 436, an official agent or aŠ local agent must have discharged all the claimsŠ received within the period fixed by section 429Š unless he contests them and indicates them asŠ contested.ŠŠ In no case may the official agent or local agent orŠ the national committee pay a claim so contested.Š Only the official agent may pay the claim inŠ execution of a judgment of a competent court inŠ favour of the creditor after the hearing of the caseŠ and not upon an acquiescence in the demand or anŠ agreement of settlement.ŠŠ The chief electoral officer, if no national committeeŠ objects, may authorize the official agent of aŠ national committee to pay a contested claim if theŠ refusal or failure to pay results from a bona fideŠ error.”ŠŠ448 Insert, after the word “agent” in the second line,Š the words “or a local agent”ŠŠ449 Replace the word “representative” in the first lineŠ by the word “agent”, replace the word “election” inŠ the second line by the word “regulated”, and the wordŠ “election” in the sixth line by the word “regulated”ŠŠ450 Replace the section by the following section:ŠŠ “450. The judge having jurisdiction to decide anŠ application under sections 445 to 448 is the chiefŠ judge of the Provincial Court.ŠŠ No application contemplated in the first paragraphŠ may be heard without a notice of at least three clearŠ days to the chief electoral officer and to theŠ chairman of each national committee.”ŠŠ460Š490Š491Š493 Replace the word “election” in paragraph 1 by theŠ word “referendum”ŠŠ Replace the word “candidate” in the first line ofŠ paragraph 6 by the words “national committee”ŠŠ494 Replace the word “election” in the second line ofŠ paragraph 2 by the word “referendum”ŠŠ495Š496Š497 Replace the word “election” in the fourth line by theŠ word “referendum”ŠŠ498 Replace the word “candidate” in the first line ofŠ paragraph 1 by the words “official delegate”ŠŠ Replace the words “a candidate” in the third andŠ fourth lines of paragraph 2 by the words “an option”ŠŠ Replace the words “an election period by a candidate”Š in the first line of the second paragraph by theŠ words “a referendum period by an official delegate”ŠŠ Replace the word “election” in the first line ofŠ subparagraph 1 of the third paragraph by the wordŠ “regulated”ŠŠ Replace the words “the election of a candidate at anŠ election” in the fourth line of paragraphs 1 and 2 ofŠ the third paragraph by the words “an option submittedŠ at a referendum”ŠŠ499Š500 Insert after the word “agent” in the first line theŠ words “or local agent”ŠŠ Replace the word “election” in the first line ofŠ paragraph 1 by the word “regulated”ŠŠ501 Replace the words “candidate or party leader” in theŠ first line by the words “chairman or officialŠ delegate of a national committee” and the wordŠ “election” in the second line by the word “regulated”ŠŠ504 Replace the section by the following section:ŠŠ “504. Whoever omits to file a report or returnŠ prescribed by Title VIII is liable to a fine of $50Š for each day of delay.”ŠŠ505Š506 Insert, after the figure “490” in the second line ofŠ the first paragraph, the word and figures “, 491 andŠ 493”ŠŠ507 Replace the figure “502” in the second line by theŠ figure “501”ŠŠ508 Replace the section by the following section:ŠŠ “508. Every person who contravenes any of sectionsŠ 337, 365, 367 to 370, 372 to 374, 376 to 378, 381,Š 383, 413, 416 to 420, 422, 425 and 428 is guilty ofŠ an offence and liable, in addition to costs, to aŠ fine of not less than $100 and not more thanŠ $10 000.”ŠŠ509Š510 Strike out the words and figures “in paragraph 8 ofŠ section 492” in the second line of the firstŠ paragraphŠŠ Replace the word “election” in the fifth line of theŠ second paragraph by the word “regulated” and insertŠ after the word “agent” in the fifth line of theŠ second paragraph the words “or the local agent”ŠŠ511 Strike out the second paragraphŠ512Š513 Replace the word “election” in the third line by theŠ word “referendum”ŠŠ514 Replace the words “an election” in the first line byŠ the words “a poll” and the word “election” in theŠ third line by the word “referendum”ŠŠ515Š516Š517Š518ŠSchedule A
Schedule B Replace Schedule B by the following schedule:ŠŠSCHEDULE BŠŠREFERENDUM CALENDARŠŠReferendum period without enumeration
Schedule C Replace Schedule C by the following schedule:ŠŠSCHEDULE CŠŠREFERENDUM CALENDARŠŠReferendum period with enumeration
Schedule F Replace the schedule by the following schedule:ŠŠSCHEDULE FŠŠSTATEMENT OF POLLŠŠElectoral division of .........................................ŠŠ Polling subdivision No. ......ŠŠ---------------------------------------------------------------Š . . ŠNumber of ballot papers received from the . . Š returning officer ............................ . . .....Š . . ŠNumber of ballot papers cast for .............. . ..... . Š (Indicate the option) . . Š . . ŠNumber of ballot papers cast for .............. . ..... . Š (Indicate the option) . . Š . . ŠNumber of ballot papers cast for .............. . ..... . Š (Indicate the option) . . Š . . ŠNumber of ballot papers cast for .............. . ..... . Š (Indicate the option) . . Š . . ŠNumber of ballot papers cast for .............. . ..... . Š (Indicate the option) . . Š . . ŠNumber of ballot papers cast for .............. . ..... . Š (Indicate the option) . . Š . . ŠNumber of ballot papers cast for .............. . ..... . Š (Indicate the option) . . Š . . ŠNumber of ballot papers spoiled (not placed in . . Š box) ......................................... . ..... . Š . . ŠNumber of ballot papers rejected in counting . . Š the ballots .................................. . ..... . Š . . ŠNumber of ballot papers not used .............. . ..... . Š ---------------Š . . ŠTotals ........................................ . ..... . .....Š---------------------------------------------------------------Š Given under my hand, at ....................................,Šthis .............................................. 19........Š .............................Š Deputy Returning Officer
Schedule G Replace the schedule by the following schedule:ŠŠSCHEDULE GŠŠSTATEMENT OF VOTESŠŠElectoral division of .........................................ŠŠ Polling subdivision No. .......ŠŠ I, the undersigned, deputy returning officer, certify that atŠthe poll held this day, the options listed below received theŠnumber of votes set opposite their respective indications:ŠŠ---------------------------------------------------------------Š Indication of option . Number of votes Š---------------------------------------------------------------Š .................................. . ................... Š .................................. . ................... Š .................................. . ................... Š .................................. . ................... Š .................................. . ................... Š .................................. . ................... Š .................................. . ................... Š---------------------------------------------------------------ŠŠand also thatŠ .......... ballot papers were rejected in counting the ballots.Š(number in letters)ŠŠ Given under my hand, at ....................................,Šthis ................................................ 19......ŠŠ .............................Š Deputy Returning OfficerŠ----------------Š1978, c. 6, Appendix 2; 1980, c. 6, ss. 1-19; 1979, c. 71, s.Š170; 1981, c. 4, ss. 18-23; 1982, c. 31, ss. 108-117; 1982, c.Š58, s. 24; 1982, c. 54, ss. 50-51; 1982, c. 62, s. 143; 1983,Šc. 54, ss. 32-33; 1984, c. 51, s. 547, s. 561; 1985, c. 30, s.Š33, s. 34, s. 145.
