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O-9 - Act respecting municipal territorial organization

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2024-06-06 Show full text at this date

SCHEDULE I

(Section 210.29.2)

SPECIFIC MODIFICATIONS OF CERTAIN PROVISIONS OF THE ACT RESPECTING ELECTIONS AND REFERENDUMS IN MUNICIPALITIES (CHAPTER E-2.2) FOR THE PURPOSES OF THE ELECTION OF THE WARDEN

1. Section 55.1 is amended by adding “, except if that board was established by the returning officer of a local municipality, in which case that returning officer shall transmit the application” at the end.

2. Section 63 is amended by replacing paragraph 3 by the following paragraph:

(3) the election officers of the regional county municipality and of each local municipality whose territory is comprised in that of the regional county municipality;”.

3. Section 67 is replaced by the following section:

(67) A person is ineligible for office as warden if he is a candidate for office as member of the council of a local municipality or was declared elected to that office in the past 30 days.

4. Section 68 is amended by adding the following paragraph at the end:

The election officers of a regional county municipality include the returning officer, the election clerk and any other person whose services are temporarily required by the returning officer. If the territory of the regional county municipality comprises an unorganized territory, the election officers of the regional county municipality may also include any other member mentioned in the first paragraph, for an election to the office of warden in the unorganized territory.

5. Section 87 is amended by replacing the first paragraph by the following paragraph:

(87) As soon as practicable after taking the oath, each election officer of the regional county municipality and of each local municipality whose territory is comprised in that of the regional county municipality shall be registered on a list posted in the office of the regional county municipality.

6. Section 88.1 is amended by replacing the first paragraph by the following paragraph:

(88.1) No penalty may be imposed by the regional county municipality on an officer or employee who is an election officer of the regional county municipality or of a local municipality whose territory is comprised in that of the regional county municipality for acts performed in good faith by the election officer in the performance of his duties, even outside the election period within the meaning of section 364.

7. Section 101.1 is replaced by the following section:

(101.1) The list of electors is prepared by local municipal territory and, where applicable, by unorganized territory. The list of electors of all those territories constitutes the list of electors of the regional county municipality.

8. The Act is amended by inserting the following section after section 103:

(103.1) After completing the list, the returning officer of the regional county municipality shall transmit a copy of the list that concerns the territory of each local municipality whose territory is comprised in that of the regional county municipality to the returning officer of that local municipality. The returning officer of the regional county municipality shall also transmit the information received from the chief electoral officer under section 100.1 that concerns the territory of each local municipality.

9. Sections 104 and 105 are replaced by the following sections:

(104) The returning officer of each local municipality shall divide the list of electors of which he received a copy into polling subdivisions, which, as far as practicable, must comprise not more than 500 electors. If applicable, the returning officer of the regional county municipality shall divide the list he prepared for the unorganized territory in the same manner.

As soon as practicable after dividing the list of electors into polling subdivisions, the returning officer of the local municipality shall transmit a copy of the divided list to the returning officer of the regional county municipality.

(“105) The returning officer of the regional county municipality shall deposit all the divided lists in the office of the regional county municipality.

10. Section 111 is amended by replacing the first paragraph by the following paragraph:

(111) The returning officer of each local municipality whose territory is comprised in that of the regional county municipality shall establish a board of revisors to revise the list of which he received a copy under section 103.1. If applicable, the returning officer of the regional county municipality shall establish a board of revisors to revise the list he prepared for the unorganized territory.

11. Section 112 is amended by replacing the first paragraph by the following paragraph:

(112) Not later than 22 days before polling day, the returning officer shall determine the place where any board of revisors he established will sit. The returning officer of a local municipality shall notify the returning officer of the regional county municipality of his decision within the same time limit.

12. Section 113 is replaced by the following section:

(113) Not later than 22 days before polling day, the returning officer of the regional county municipality shall inform each candidate for the office of warden of any decision made under section 112.

13. “Returning officer” in sections 114 and 118 to 121 means the returning officer who established the board of revisors.

14. Section 122 is amended by replacing the second and third paragraphs by the following paragraphs:

The returning officer of the regional county municipality shall notify the returning officer of each local municipality whose territory is comprised in that of the regional county municipality of his decision not later than 44 days before polling day, and each candidate for the office of warden not later than 22 days before polling day.

After consulting with the returning officer who established the board of revisors, the chairman of the board may extend the board’s sitting hours and add sitting days. The chairman shall inform the returning officer of his decision and the returning officer shall notify each of the candidates for the office of warden.

15. Section 128 is amended by inserting “who established it” after “the returning officer” in the fourth line of the fifth paragraph and by replacing “the returning officer shall send the notice to the other board” at the end by “that returning officer shall send the notice to the other board, except if the other board was established by another returning officer, in which case the other returning officer shall send the notice to the competent board”.

16. Section 134.1 is amended by adding “, except if that board was established by the returning officer of a local municipality, in which case that returning officer shall transmit the applications and documents” at the end of the second paragraph.

17. Section 136 is amended by replacing “`who shall transmit the notice to the competent board” at the end of the third paragraph by “who established it, who shall transmit the notice to the competent board, except if the board was established by another returning officer, in which case the other returning officer shall transmit the notice to the competent board”.

18. Section 138 is replaced by the following section:

(138) The board of revisors shall transmit its decisions to the returning officer who established it, in accordance with the returning officer’s directives.

The returning officer of each local municipality shall transmit to the returning officer of the regional county municipality a copy of the decisions he received.

The returning officer of the regional county municipality shall incorporate the changes into the list or prepare an abstract of changes.

19. Section 175 is amended by replacing “each authorized party or recognized ticket and to each independent candidate concerned” at the end of the third paragraph by “the returning officer of each local municipality and to each candidate for the office of warden”.

20. Section 177 is amended

(1) by adding the following sentence at the end of the first paragraph: “The returning officer referred to is the returning officer of the local municipality or, for the purposes of an election held in an unorganized territory, the returning officer of the regional county municipality.”;

(2) by replacing the third paragraph by the following paragraph:

The returning officer of the local municipality shall notify the returning officer of the regional county municipality of his decision as soon as practicable. The returning officer of the regional county municipality shall notify each candidate for the office of warden of the decision made by another returning officer or by himself as soon as practicable.

21. Section 182 is amended by adding the following sentence at the end of the fourth paragraph: “The returning officer referred to is the returning officer of the local municipality or, for the purposes of the election held in an unorganized territory, the returning officer of the regional county municipality.”

22. Section 184 is replaced by the following section:

(184) The poll clerk shall prepare the list of the electors who voted in advance at his polling station and transmit it, as soon as practicable, to the returning officer or the person designated by the returning officer. The returning officer referred to is the returning officer of the local municipality or, for the purposes of an election held in an unorganized territory, the returning officer of the regional county municipality.

Not later than four days before polling day, the returning officer of the local municipality shall transmit a copy of the list to the returning officer of the regional county municipality.

The returning officer of the regional county municipality shall transmit a copy of all the lists prepared by the poll clerks to each candidate for the office of warden not later than three days before polling day.

23. Section 185 is amended by replacing the second and third paragraphs by the following paragraphs:

The counting shall be effected at the place determined by the returning officer, in accordance with the rules applicable to the counting of the votes cast on polling day, adapted as required. If the deputy returning officer or poll clerk who acted in the advance polling station is unable to act, the returning officer shall appoint a substitute for the purposes of this section.

The returning officer referred to is the returning officer of the local municipality or, for the purposes of an election held in an unorganized territory, the returning officer of the regional county municipality.

24. Section 186 is replaced by the following section:

(186) The returning officer shall establish a polling station for each polling subdivision. The returning officer may, however, establish several polling stations for the same subdivision and determine which electors of the subdivision are entitled to vote at each polling station.

25. “Returning officer” in sections 187, 190, 198, 200, 203 to 205, 211, 213.1, 214, 231, 238 and 240 means the returning officer of the local municipality or, for the purposes of an election held in an unorganized territory, the returning officer of the regional county municipality.

26. Section 244 is replaced by the following section:

(244) The deputy returning officer shall deliver the ballot box and a copy of the statement of votes to the returning officer or to the person the returning officer designates to receive them. The returning officer referred to is the returning officer of the local municipality or, for the purposes of an election held in an unorganized territory, the returning officer of the regional county municipality.

The returning officer of the local municipality shall then transmit the statement of votes by a technological means to the returning officer of the regional county municipality or to the person the returning officer designates to receive it. If the statement of votes cannot be transmitted by a technological means, the returning officer of the local municipality must instead transmit a paper statement.

The Chief Electoral Officer may determine the terms governing the transmission and the storage of the statement transmitted by a technological means.

26.1. Section 247 is replaced by the following section:

(247) The returning officer shall proceed to the addition of the votes by using the statements of votes received and compiling the votes cast in favour of each candidate.

The returning officer shall, however, use the statements contained in the ballot boxes if a candidate or an elector concerned produces to him a sworn declaration in writing attesting that there is reason to believe that a statement received is erroneous or fraudulent and does not correspond to the statement placed in the ballot box, and that the results may be different if the statement placed in the ballot box is used in conducting the addition of the votes. The returning officer shall then determine the time limit within which the returning officer of the local municipality must transmit the ballot boxes and shall adjourn the addition of the votes until he obtains them.

26.2. The first paragraph of section 249 does not apply where the statement was transmitted by a technological means.

27. Section 250 is amended by adding the following sentence at the end of the first paragraph: “The returning officer shall communicate with the deputy returning officer and the poll clerk through the returning officer of the local municipality, unless he himself established the polling station.”

28. Section 260 is amended by replacing the second paragraph by the following paragraph:

The returning officer shall transmit a copy of the notice to the chief electoral officer and to each local municipality whose territory is comprised in that of the regional county municipality.

29. Section 511 is amended by replacing “the regional county municipality, the metropolitan community” in the third line of the first paragraph by “the local municipalities whose territory is comprised in that of the regional county municipality”.

30. Section 659.2 is amended by replacing the first and second paragraphs by the following paragraphs:

(659.2) A regional county municipality may, in accordance with an agreement made with the Minister of Municipal Affairs, Regions and Land Occupancy and the Chief Electoral Officer,

(1) implement pilot projects for the organization and conduct of an election or a referendum in its territory or in an unorganized territory; and

(2) test new methods of signing a register or voting, during a procedure for registering qualified voters or a poll taking place in its territory or in an unorganized territory.

The agreement shall provide for its period of application if it is entered into for more than one election, referendum, registration procedure or poll.

The agreement must describe the pilot projects or the new methods of signing a register or voting, as the case may be and mention the provisions of this Act it amends or replaces.

30.1. Section 659.4 is replaced by the following section:

(659.4) If a regulation made under section 582.1 is in force, the regional county municipality may provide that a person entered as an elector, in a capacity other than that of a domiciled person, on the list of electors for the unorganized territory may, on request, exercise the right to vote by mail in accordance with the regulation.

The resolution of the regional county municipality must be passed not later than 1 July of the calendar year in which a general election is to be held or, in the case of a by-election, not later than the fifteenth day after the day on which the council is informed of the polling date. The same rules apply to a resolution passed to annul a previous resolution.

The clerk-treasurer shall send an authenticated copy of any resolution referred to in the second paragraph to the Minister of Municipal Affairs, Regions and Land Occupancy and to the chief electoral officer as soon as possible after the resolution is passed.

Until the resolution of the regional county municipality is rescinded, it is valid for the purposes of any subsequent poll.”.

31. When an election for the office of member of the council of the local municipality and another election for the office of warden are held simultaneously in the territory of a local municipality, the returning officer of the local municipality must ensure that the acts under his authority for the election for the office of warden are performed by the same election officers, on the same days and hours and at the same places as for the other election.

An election officer other than the returning officer, the election clerk or any returning officer’s assistant who would thus be entitled to two remunerations or expense allowances for the same duties performed during the two elections is entitled to a single remuneration or expense allowance. Returning officers, election clerks and returning officers’ assistants are entitled, in addition to the remuneration or expense allowance for the duties performed during the election for the office of member of the council of the local municipality, to a remuneration or an expense allowance equal to half the remuneration or allowance they would be entitled to receive if they were performing their duties only for the election for the office of warden.

2005, c. 28, s. 122; 2008, c. 18, s. 90; 2009, c. 11, s. 87 to s. 89; 2009, c. 26, s. 109; 2021, c. 31, ss. 124 and 132; 2024, c. 24, ss. 165 and 166.

2021-11-05 Show full text at this date