e-3.3 - Election Act

À jour au 22 septembre 1999

Ce document a valeur officielle.

chapter E-3.3

Election Act

TITLE I ELECTORS

CHAPTER I QUALIFIED ELECTORS

1. Every person who

(1)  has attained 18 years of age,

(2)  is a Canadian citizen,

(3)  has been domiciled in Québec for six months or, in the case of an elector outside Québec, for 12 months,

(4)  is not under curatorship, and

(5)  is not deprived of election rights, pursuant to this Act or the Referendum Act (chapter C-64.1),

is a qualified elector.

The domicile of a person is the domicile established under the Civil Code of Québec (Statutes of Québec, 1991, chapter 64).

Every person entitled to exercise his right to vote outside Québec is deemed to be domiciled in Québec.

1989, c. 1, s. 1; 1992, c. 38, s. 1; 1995, c. 23, s. 5; 1997, c. 8, s. 1.

2. To exercise his right to vote, a person must be a qualified elector on polling day and his name must be entered on the list of electors of the polling subdivision in which his domicile is situated on Tuesday of the second week preceding that of the poll.

1989, c. 1, s. 2; 1995, c. 23, s. 6.

3. An elector who temporarily leaves his domicile to work or to study in another electoral precinct may be considered to be domiciled either in the polling subdivision of his domicile or in that where he resides for the purposes of his work or studies.

An elector living in a facility maintained by an institution which operates a hospital centre, a residential and long-term care centre or a rehabilitation centre within the meaning of the Act respecting health services and social services (chapter S-4.2) or a hospital centre or reception centre within the meaning of the Act respecting health services and social services for Cree Native persons (chapter S-5) may be considered to be domiciled either in his domicile or in that facility or centre.

An elector who leaves his domicile temporarily to receive health care, to undergo a rehabilitation program or to ensure his safety or the safety of his children may be considered to be domiciled either in the polling subdivision of his domicile or in the polling subdivision where he resides for any such purpose.

An elector who is a Member of the National Assembly upon the issue of the order instituting the election and who is running in 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 for the purposes of the election is situated.

An elector to whom any of the preceding paragraphs apply is deemed to choose to be considered to be domiciled where he resides or, in the case of the fourth paragraph, where his main office is situated instead of his domicile if, at the time of the revision of the list of electors carried out during an election period, he files an application to that effect.

1989, c. 1, s. 3; 1992, c. 21, s. 157; 1994, c. 23, s. 23; 1995, c. 23, s. 7; 1998, c. 52, s. 1.

4. The Chief Electoral Officer, the judges of the courts of justice, the Public Protector, the Auditor General and the members of the Commission de la représentation shall not engage in partisan work.

1989, c. 1, s. 4.

CHAPTER II

Repealed, 1995, c. 23, s. 8.

1995, c. 23, s. 8.

5. (Repealed).

1989, c. 1, s. 5; 1992, c. 38, s. 2; 1995, c. 23, s. 8.

6. (Repealed).

1989, c. 1, s. 6; 1992, c. 38, s. 3; 1995, c. 23, s. 8.

7. (Repealed).

1989, c. 1, s. 7; 1995, c. 23, s. 8.

8. (Repealed).

1989, c. 1, s. 8; 1992, c. 38, s. 4; 1995, c. 23, s. 8.

9. (Repealed).

1989, c. 1, s. 9; 1992, c. 38, s. 5; 1995, c. 23, s. 8.

10. (Repealed).

1989, c. 1, s. 10; 1995, c. 23, s. 8.

11. (Repealed).

1989, c. 1, s. 11; 1995, c. 23, s. 8.

12. (Repealed).

1989, c. 1, s. 12; 1992, c. 38, s. 6; 1995, c. 23, s. 8.

13. (Repealed).

1989, c. 1, s. 13; 1992, c. 38, s. 7; 1995, c. 23, s. 8.

TITLE II ELECTORAL REPRESENTATION

CHAPTER I ELECTORAL DIVISIONS

14. Québec shall be divided into electoral divisions delimited in such a way as to ensure that the principle of effective representation of electors is respected.

Electoral divisions, numbering not fewer than 122 nor more than 125, shall be delimited taking into account the principle that the vote of each elector is of equal weight.

1989, c. 1, s. 14; 1991, c. 48, s. 1.

15. An electoral division represents a natural community established on the basis of demographical, geographical and sociological considerations, such as the population density, the relative growth rate of the population, the accessibility, area and shape of the region, the natural local boundaries and the territories of local municipalities.

1989, c. 1, s. 15; 1996, c. 2, s. 662.

16. The boundaries of each electoral division shall be delimited in such a way that the number of electors in a division, according to the permanent list of electors, does not deviate by more than 25% from the quotient obtained by dividing the total number of electors by the number of electoral divisions.

1989, c. 1, s. 16; 1995, c. 23, s. 9; 1997, c. 8, s. 2.

17. The Commission de la représentation may, for exceptional reasons, depart from the rule set out in section 16 if it considers that its application would not adequately serve the purpose of this chapter. Every such decision shall be in writing and give reasons.

Notwithstanding section 16, the Îles-de-la-Madeleine described in Schedule I are an electoral division.

1989, c. 1, s. 17; 1991, c. 48, s. 2; 1992, c. 38, s. 8.

18. The Commission shall assign a name to each electoral division delimited by it, after consulting the Commission de toponymie established under the Charter of the French language (chapter C-11).

1989, c. 1, s. 18.

19. The Commission shall make a new delimitation of the electoral divisions after the second general election following the last delimitation.

1989, c. 1, s. 19; 1991, c. 48, s. 3.

20. (Repealed).

1989, c. 1, s. 20; 1991, c. 48, s. 4.

21. (Repealed).

1989, c. 1, s. 21; 1991, c. 48, s. 4.

22. Within the 12 months following the election referred to in section 19, the Commission shall submit to the President or the Secretary General of the National Assembly a preliminary report in which it proposes a new delimitation of the electoral divisions.

The report shall be made public immediately. The President of the National Assembly shall table the report in the National Assembly within 15 days of receiving it if it is sitting or, if it is not, within 15 days after the opening of the next session or resumption.

1989, c. 1, s. 22; 1991, c. 48, s. 5.

23. The Commission shall take the necessary steps to ensure the best possible diffusion of the proposed boundaries of the electoral divisions submitted in its preliminary report.

1989, c. 1, s. 23.

24. Within six months following the tabling of its preliminary report, the Commission shall hear the representations made by the Members of the National Assembly and by interested individuals and organizations.

1989, c. 1, s. 24.

25. The preliminary report of the Commission shall be submitted to the Committee on the National Assembly for examination.

For the purposes of examination of the report, all the Members of the National Assembly may take part in the debates of the Committee on the National Assembly.

1989, c. 1, s. 25.

26. When the Committee on the National Assembly examines the preliminary report, the Commission shall furnish it with all the required documents and information and be at its disposal to assist it in carrying out its work.

1989, c. 1, s. 26.

27. The Commission must hold public hearings in the various regions of Québec to examine the representations made to it by interested organizations and individuals, after giving notice of these hearings.

1989, c. 1, s. 27.

28. After considering the representations made to it by the Members of the National Assembly, and by individuals and organizations, the Commission shall submit a report indicating the boundaries of the electoral divisions to the President or the Secretary General of the National Assembly, who shall table it before the Assembly.

Within five days following the tabling, the report shall be the subject of a debate limited to five hours carried on in one sitting or two consecutive sittings of the National Assembly; if it is not sitting, the debate, subject to the same time limits, shall take place in the Committee on the National Assembly, within ten days from the tabling of the report contemplated in the first paragraph, and all the Members may take part in the debate in respect of the report.

No motion, except a motion of adjournment, may be presented during the debate.

1989, c. 1, s. 28.

29. Not later than the tenth day following the debate, the Commission shall establish the boundaries of the electoral divisions and assign names to them.

The Commission shall publish the list of the electoral divisions in the Gazette officielle du Québec, indicating the name and boundaries of each; it may also mention the local municipalities whose territories are comprised in each electoral division and, where applicable, the unorganized territories and Indian reserves comprised therein.

1989, c. 1, s. 29; 1996, c. 2, s. 663.

30. Publication of the list of electoral divisions in the Gazette officielle du Québec is absolute proof of its existence and of its content, and every person is required to take cognizance of it.

Notwithstanding the foregoing, the Commission shall take the necessary steps to ensure the best possible diffusion among the public of the boundaries of the electoral divisions, and particularly of the changes made in relation to the previous boundaries.

1989, c. 1, s. 30.

31. After publication in the Gazette officielle du Québec of the list of electoral divisions, the Commission shall cause a map of the divisions to be printed.

1989, c. 1, s. 31.

32. The list of electoral divisions published in the Gazette officielle du Québec comes into force upon the dissolution of the National Assembly, unless the dissolution occurs before the expiry of three months from publication.

1989, c. 1, s. 32.

33. Upon publication in the Gazette officielle du Québec of the list of electoral divisions, the Chief Electoral Officer shall assign one of the divisions to each returning officer in office and appoint a returning officer to each unassigned division, if any.

Appointments made under this section are effective until new returning officers are appointed in conformity with section 503.

1989, c. 1, s. 33.

CHAPTER II ELECTORAL PRECINCTS AND POLLING SUBDIVISIONS

34. Within three months after the publication of the list of electoral divisions in the Gazette officielle du Québec, the Chief Electoral Officer and the returning officers shall establish the boundaries of the electoral precincts and the polling subdivisions on the basis of the new electoral divisions.

1989, c. 1, s. 34.

35. The returning officer, under the authority of the Chief Electoral Officer, is responsible, in the electoral division to which he is appointed, for the establishment

(1)  of polling subdivisions comprising not over 350 electors;

(2)  of electoral precincts, comprising approximately ten polling subdivisions, which respect, so far as possible, natural local boundaries and the territories of local municipalities and Indian reserves, and include not more than one such territory or reserve.

1989, c. 1, s. 35; 1995, c. 23, s. 10; 1996, c. 2, s. 664.

36. On the basis of the description of the boundaries of the electoral precincts and polling subdivisions, the Chief Electoral Officer shall prepare an index of the streets, avenues, boulevards, hills, squares, lanes, ranges or other thoroughfares in each electoral division.

1989, c. 1, s. 36.

37. The chief electoral officer shall transmit the description of the boundaries of the electoral precincts and polling subdivisions and an index of the thoroughfares in an electoral division to the authorized parties who apply therefor, to every authorized party authority at the level of the electoral division and to the independent Member for the division, where such is the case.

1989, c. 1, s. 37.

38. The Chief Electoral Officer may prepare a map of each electoral division, indicating the electoral precincts and polling subdivisions comprised in it.

1989, c. 1, s. 38.

CHAPTER III

Repealed, 1995, c. 23, s. 11.

1995, c. 23, s. 11.

39. (Repealed).

1989, c. 1, s. 39; 1995, c. 23, s. 11.

40. (Repealed).

1989, c. 1, s. 40; 1995, c. 23, s. 11.

TITLE II.1 PERMANENT LIST OF ELECTORS

1995, c. 23, s. 12.

CHAPTER I DESCRIPTION

1995, c. 23, s. 12.

40.1. The permanent list of electors consists of the information contained in the register of electors and the register of territories.

1995, c. 23, s. 12.

40.2. The information contained in the register of electors shall include the name, domiciliary address, sex and date of birth of each elector and, where applicable, entries relating to the exercise of his right to vote outside Québec.

1995, c. 23, s. 12; 1999, c. 25, s. 85.

40.3. The information contained in the register of territories shall include

(1)  for the purposes of this Act and the Referendum Act (chapter C-64.1), the description of electoral divisions, electoral precincts and polling subdivisions;

(2)  for the purposes of the Act respecting elections and referendums in municipalities (chapter E-2.2), the electoral districts or the wards of the municipalities to which Title I of that Act applies or the entire territory of any such municipality whose territory is not divided for electoral purposes;

(3)  for the purposes of the Act respecting school elections (chapter E-2.3), the electoral divisions.

1995, c. 23, s. 12.

CHAPTER II ENTRY ON THE LIST AND UPDATING

1995, c. 23, s. 12; 1997, c. 8, s. 3.

40.3.1. The name of every person who is a qualified elector within the meaning of section 1 may be entered on the permanent list of electors.

1997, c. 8, s. 4.

40.4. The information relating to electors shall be updated on the basis of the information transmitted to the chief electoral officer by electors and on the basis of the information transmitted by the Régie de l’assurance maladie du Québec, the Public Curator and the Department of Citizenship and Immigration of Canada in the manner determined in an agreement entered into with the chief electoral officer, in accordance with the provisions of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1).

The information shall also be updated on the basis of the changes transmitted by returning officers or by the person responsible for a municipal poll following the revision of a list of electors or referendum list and of any verification of the permanent list of electors carried out under section 40.11 or on the basis of the changes made by the permanent board of revisors established under section 40.12.1.

1995, c. 23, s. 12; 1999, c. 15, s. 1; 1997, c. 8, s. 5; 1999, c. 89, s. 53.

40.5. Each elector is responsible for communicating to the Chief Electoral Officer any change in the information entered in his respect on the permanent list of electors.

1995, c. 23, s. 12.

40.6. An elector may, at any time, request that his name be entered on or struck off the permanent list of electors, or that any information entered in his respect be corrected.

Two documents of the type determined by the chief electoral officer must be joined to the request in support of the information communicated.

1995, c. 23, s. 12.

40.6.1. An elector may request that the entry of his name on the permanent list of electors be considered for the purposes of provincial, municipal or school elections only.

1997, c. 8, s. 6.

40.6.2. Before entering the name of an elector at the elector’s request, the Chief Electoral Officer shall make sure that the name of the elector is not already entered on the permanent list of electors.

1997, c. 8, s. 6.

40.7. The chief electoral officer shall obtain from the Régie de l’assurance maladie du Québec notice of any change in the name, address, date of birth or sex of a person whose name is entered on the permanent list of electors established under section 40.1, and of the date of the person’s death, where applicable. The chief electoral officer shall also obtain from the Régie the name, address, date of birth and sex of each person of full age who has informed the Régie that he has acquired Canadian citizenship or has stated, on registering for the first time with the Régie, that he holds Canadian citizenship. The chief electoral officer shall obtain the same information concerning every person who is about to reach 18 years of age, at least six months before the person’s eighteenth birthday.

Where the Régie de l’assurance maladie du Québec has been unable to identify an elector whose name is entered on the list of electors in its own file of beneficiaries, the chief electoral officer may communicate with the elector concerned to verify the accuracy of the information concerning the elector and may request that the elector correct or complete the information where necessary.

1995, c. 23, s. 12; 1997, c. 8, s. 7; 1999, c. 89, s. 53.

40.7.1. The chief electoral officer shall obtain from the Public Curator the name, date of birth and sex of any person in whose favour curatorship is instituted, as such information appears in the register kept under section 54 of the Public Curator Act (chapter C-81).

1997, c. 8, s. 8.

The following words are not in force:

“as such information appears in the register kept under section 54 of the Public Curator Act (chapter C-81)”.

The above provisions will come into force on the date or dates to be fixed by order of the Government (1997, c. 8, s. 29; O.C. 1098-99 dated 22 September 1999, (1999) 131 G.O. 2, 3581).

40.8. The Chief Electoral Officer shall obtain from the Department of Citizenship and Immigration of Canada the name, address, date of birth and sex of any person of full age domiciled in Québec who acquires Canadian citizenship.

1995, c. 23, s. 12.

40.9. The name of every person of full age having informed the Régie de l’assurance maladie du Québec that he has acquired Canadian citizenship, having registered with the Régie for the first time as a Canadian citizen or having been identified by the Department of Citizenship and Immigration of Canada as a new Canadian citizen shall be entered on the permanent list of electors by the Chief Electoral Officer. The Chief Electoral Officer shall notify the elector in writing that his name has been entered on the permanent list of electors, requesting the elector to correct or complete the information which concerns him, where required.

If the notice is returned to the Chief Electoral Officer without having reached the addressee or if the Chief Electoral Officer is notified by the person that he cannot or does not wish to be entered on the permanent list of electors, the person’s name shall be struck off the list.

1995, c. 23, s. 12; 1998, c. 52, s. 2; 1999, c. 89, s. 53.

40.9.1. After receiving information from the Régie de l’assurance maladie du Québec concerning a person who has reached or is about to reach 18 years of age, the Chief Electoral Officer shall advise the person in writing that he will be entered on the permanent list of electors, unless the Chief Electoral Officer is advised by the person that he cannot or does not wish to be so entered.

However, no entry shall be made if the notice is returned to the Chief Electoral Officer without having reached the addressee.

1998, c. 52, s. 2; 1999, c. 89, s. 53.

40.10. Before incorporating into the permanent list of electors any change made to a municipal list of electors or referendum list following its revision, the chief electoral officer may contact the elector concerned for confirmation of the change he intends to incorporate.

1995, c. 23, s. 12.

40.10.1. The Chief Electoral Officer shall strike off the permanent list of electors the name of any person in whose respect he receives a confirmation of death or of institution of curatorship and the name of any person deprived of his election rights pursuant to this Act or the Referendum Act (chapter C-64.1).

1997, c. 8, s. 9.

40.10.2. The Chief Electoral Officer shall retain the information relating to an elector in whose respect he receives a confirmation from a board of revisors that the elector’s name has been struck off the list of electors on the ground that the elector is not domiciled at the address for which his name has been entered.

The information shall be retained for a maximum period of five years or until the Chief Electoral Officer obtains confirmation of the elector’s new domiciliary address, in which case the elector’s name shall be re-entered on the permanent list of electors opposite the new address.

1997, c. 8, s. 9.

40.11. An enumeration or an ad hoc revision, or the implementation of any other measure allowing a total or partial verification of the permanent list of electors, may be ordered by the Government on the recommendation of the parliamentary committee having examined the report of the Chief Electoral Officer pursuant to section 542.1.

The issue of an order or writ instituting an election or referendum ends any verification in progress in the electoral division concerned, except in the case of an enumeration. In that case, the enumeration shall continue and the name of every person who is a qualified elector on polling day may be entered on the list of electors for the polling subdivision in which the person is domiciled.

1995, c. 23, s. 12; 1999, c. 15, s. 2.

40.12. The information relating to territories shall be updated on the basis of the changes made to the descriptions of electoral divisions, electoral precincts and polling subdivisions.

The information shall also be updated on the basis of the changes made to the descriptions of the electoral territories of municipalities and school boards and transmitted to the Chief Electoral Officer by the municipalities and school boards on the conditions he determines.

1995, c. 23, s. 12.

CHAPTER II.1 PERMANENT REVISION

1999, c. 15, s. 3.

DIVISION I ESTABLISHMENT AND ORGANIZATION OF PERMANENT BOARD OF REVISORS

1999, c. 15, s. 3.

40.12.1. To ensure that the permanent list of electors is updated on a continuous basis, the Chief Electoral Officer shall establish a permanent board of revisors within the Chief Electoral Officer’s office.

1999, c. 15, s. 3.

40.12.2. The permanent board shall be composed of three members, including the chairman, appointed by the Chief Electoral Officer.

The chairman may be chosen from among the Chief Electoral Officer’s personnel.

The other two members shall be chosen from among two lists of at least five names transmitted to the Chief Electoral Officer respectively by the leader of the party having had the greatest number of candidates elected in the last general election and by the leader of the party having had the second greatest number of candidates elected in that election, or by the person designated in writing for such purpose by either leader.

The lists must be transmitted to the Chief Electoral Officer within six months after the publication of the notice referred to in section 380 following a general election.

1999, c. 15, s. 3.

40.12.3. The Chief Electoral Officer may, on reasonable grounds, refuse a list that has been transmitted to him. In such a case, the Chief Electoral Officer shall request a new list.

Failing a list, the Chief Electoral Officer shall make the appointment without further formalities.

1999, c. 15, s. 3.

40.12.4. If a member of the permanent board is absent or unable to act, the Chief Electoral Officer shall appoint a substitute. Sections 40.12.2 and 40.12.3 apply to the appointment with the necessary modifications.

1999, c. 15, s. 3.

40.12.5. The members of the permanent board shall be appointed for a term not exceeding five years.

1999, c. 15, s. 3.

40.12.6. The tariff of remuneration and expenses of permanent board members shall be fixed by government regulation.

1999, c. 15, s. 3.

40.12.7. The chairman of the permanent board shall convene the board whenever the chairman considers it appropriate.

1999, c. 15, s. 3.

40.12.8. The permanent board shall sit in Québec or Montréal, at the office of the Chief Electoral Officer.

On the authorization of the Chief Electoral Officer, the board may sit at any other place.

1999, c. 15, s. 3.

40.12.9. The quorum of the permanent board is two members.

Decisions are made by a majority vote. In case of a tie, the chairman has a casting vote.

1999, c. 15, s. 3.

40.12.10. A member of the permanent board must, on pain of forfeiture of office, abstain from participating in any deliberation or decision concerning which any of the grounds for recusation, with the necessary modifications, listed in articles 234 and 235 of the Code of Civil Procedure (chapter C-25) could be invoked in the member’s regard. Moreover, the member must withdraw from the sitting for the duration of the deliberations and the vote relating to such matter.

1999, c. 15, s. 3.

40.12.11. The Chief Electoral Officer shall place at the disposal of the permanent board the personnel necessary for the exercise of the board’s functions.

After consulting the chairman of the permanent board and as needed, the Chief Electoral Officer shall request returning officers to appoint a sufficient number of teams of two revising officers.

The provisions of this Act applicable to revising officers during an election period apply with the necessary modifications to revising officers assigned to the permanent board.

1999, c. 15, s. 3.

DIVISION II REVISION PROCESS

1999, c. 15, s. 3.

40.12.12. The permanent board shall decide the cases submitted to it by the Chief Electoral Officer concerning the updating of the permanent list of electors.

1999, c. 15, s. 3.

40.12.13. Sections 211 and 213 to 216.1 apply with the necessary modifications to the exercise of the functions of the permanent board.

1999, c. 15, s. 3.

40.12.14. Before striking off or refusing to enter a person’s name, the permanent board must, unless the person is present, convene the person by way of a written notice stating the grounds for the decision it intends to make and allow the person to present observations within 30 days.

The notice must be served by the revising officers on the person concerned or, if it cannot be served, it must be left at the address entered on the permanent list of electors or at any other place where the permanent board or the revising officers have reason to believe the person may be reached.

A certificate of the service shall be drawn up by the revising officers in the prescribed form and returned to the permanent board.

1999, c. 15, s. 3.

40.12.15. Notwithstanding section 40.12.14, the permanent board is not required to send a written notice if the person concerned has met with the revising officers and confirmed to them that he is not a qualified elector or if the permanent board is satisfied, on the basis of the evidence presented to it, that the person is under curatorship or is dead.

1999, c. 15, s. 3.

40.12.16. If the person to whom a notice is served requests to appear before the permanent board, the permanent board shall convene the person by means of a notice in writing of at least 10 clear days.

The notice shall be served as provided for in section 40.12.14.

The permanent board shall, upon convening a person who lives a great distance away, endeavour to keep the travelling involved to a minimum.

1999, c. 15, s. 3.

40.12.17. Whenever the permanent board makes a decision in the absence of the elector concerned, it shall immediately notify the elector of its decision in writing.

The notice must state the grounds for the decision and describe the procedure whereby the elector may apply to the board for a revision of the decision. The notice must also indicate that the elector has 30 days to file an application for revision.

1999, c. 15, s. 3.

40.12.18. Any party represented in the National Assembly other than those referred to in section 40.12.2 may delegate a representative recognized by the Chief Electoral Officer to the sittings of the permanent board.

Such a representative may take part in the deliberations of the permanent board, but is not entitled to vote. The tariff provided for in section 40.12.6 applies to such a representative.

1999, c. 15, s. 3.

40.12.19. The permanent board shall advise the Chief Electoral Officer of its final decisions immediately and the Chief Electoral Officer shall forthwith correct the permanent list of electors accordingly.

1999, c. 15, s. 3.

DIVISION III SUSPENSION OF PROCEEDINGS AND END OF TERM

1999, c. 15, s. 3.

40.12.20. The issue of an order instituting a by-election suspends the proceedings of the permanent board in respect of the electoral division concerned until the date of publication of the notice referred to in section 380.

1999, c. 15, s. 3.

40.12.21. The issue of a writ instituting a referendum suspends the proceedings of the permanent board until the date of publication of the notice referred to in section 380 of Appendix 2 to the Referendum Act (chapter C-64.1).

1999, c. 15, s. 3.

40.12.22. From 1 September of the calendar year in which a regular election is to be held under the Act respecting elections and referendums in municipalities (chapter E-2.2) or, in the case of a by-election, from the date of publication of a public notice of election, the proceedings of the permanent board are suspended in respect of the territory concerned until the date of publication of the notice referred to in section 260 of that Act.

In the case of a referendum under that Act, the proceedings of the permanent board are suspended, in respect of the territory concerned, from the date on which the Chief Electoral Officer transmits to the clerk or the secretary-treasurer a list of the electors whose names are entered on the permanent list of electors until

(1)  the date of the sitting referred to in the third paragraph of section 532 of that Act, the date of the reading referred to in section 556 of that Act or the date of publication of the notice referred to in the second paragraph of section 559 of that Act, if no referendum is held ; or

(2)  the date of the tabling of the statement of the final results referred to in section 578 of that Act, if a referendum is held.

1999, c. 15, s. 3.

40.12.23. The publication of the public notice referred to in section 42 of the Act respecting school elections (chapter E-2.3) suspends the proceedings of the permanent board in respect of the territory concerned until the date of publication of the notice referred to in section 163 of that Act.

The filing of the list of electors pursuant to section 347 of the Education Act (chapter I-13.3) suspends the proceedings of the permanent board in respect of the territory concerned until the date of the tabling provided for in section 351 of that Act.

1999, c. 15, s. 3.

40.12.24. The issue of an order instituting a general election terminates the term of office of the members of the permanent board, notwithstanding any other termination date indicated in their instrument of appointment.

1999, c. 15, s. 3.

CHAPTER III VERIFICATION

1995, c. 23, s. 12.

DIVISION I ENUMERATION OF ELECTORS

1995, c. 23, s. 12.

40.13. Every person who is a qualified elector on the last day of an enumeration of electors may be registered during that enumeration.

1995, c. 23, s. 12.

40.14. The enumeration of electors shall be conducted in each polling subdivision by a team of two enumerators.

The returning officer may, however, assign two or more teams of two enumerators to conduct the enumeration in a polling subdivision comprising more than 350 electors.

1995, c. 23, s. 12.

40.15. The two enumerators forming an enumeration team shall be appointed by the returning officer, one on the recommendation of the authorized party that ranked first in the last election or of the independent Member who was elected as such, and the other on the recommendation of the authorized party that ranked second in the last election.

1995, c. 23, s. 12.

40.16. In a new electoral division, an electoral division the boundaries of which have changed since the last election or an electoral division in which no authorized party ranked second in the last election, the Chief Electoral Officer shall decide, according to the criteria prescribed by regulation, which parties or independent Members are entitled to make recommendations under section 40.15.

1995, c. 23, s. 12.

40.17. The recommendations are made by the leader of the party or the independent Member, as the case may be, or by the person designated in writing by him for that purpose.

1995, c. 23, s. 12.

40.18. The recommendations must be received by the returning officer not later than Tuesday of the week preceding that of the enumeration.

The returning officer may, on reasonable grounds, refuse a recommendation. In such a case, he shall request a new recommendation.

Where no recommendation has been received, or where the person recommended is not qualified to hold the office, the returning officer shall make the appointment without any other formality.

1995, c. 23, s. 12.

40.19. The returning officer shall post, in his office, the list of enumerators appointed by him and transmit it to the authorized parties represented in the National Assembly and to the independent Member, if any. He shall inform them without delay of changes made to the list.

1995, c. 23, s. 12.

40.20. Not later than the day preceding the first day of the enumeration, the returning officer shall give enumerators the Chief Electoral Officer’s directives concerning the procedure to be followed during the enumeration, the required materials, and a badge in the form prescribed by regulation that must be worn conspicuously by each enumerator at all times while conducting an enumeration.

In addition, the returning officer shall inform each enumerator of the name and address of the other enumerator in his enumeration team.

1995, c. 23, s. 12.

40.21. The enumerators in an enumeration team shall work together; in no case may they act individually.

In the event of disagreement, the matter shall be submitted to the returning officer, who shall decide it immediately; the enumerators are bound by the decision.

1995, c. 23, s. 12.

40.22. The enumerators shall visit every dwelling situated in the polling subdivision assigned to them at least twice, once between 9 a.m. and 6 p.m. and once between 6 p.m. and 9 p.m. on a different day, unless they are certain of having registered, on their first visit, every person who is a qualified elector.

At each dwelling at which they receive no response on their first visit, the enumerators shall leave a card giving the date and time of their second visit.

1995, c. 23, s. 12.

40.23. The name of an elector may not be entered by the enumerators unless the entry is requested at the elector’s domicile by the elector himself or, by reason of his absence or illness, by any person present and who is a qualified elector.

1995, c. 23, s. 12.

40.24. Before entering a person’s name, the enumerators shall verify whether, on the last day of the enumeration, the person holds Canadian citizenship, is 18 years of age or over and has been domiciled in Québec for at least six months.

For that purpose, an enumerator may request proof of the age and citizenship of the person the entry of whose name is requested in the form of one of the following identification documents: a birth certificate, a citizenship certificate or a Canadian passport.

1995, c. 23, s. 12.

40.25. The enumerators shall enter on an enumeration slip the name, address, sex and date of birth of every person domiciled at that address who is a qualified elector on the last day of the enumeration. They shall complete an enumeration slip for each elector.

1995, c. 23, s. 12; 1999, c. 25, s. 86.

40.26. The enumerators may not refuse to enter the name of an elector on the grounds that they were unable to note his date of birth or that no identification document was presented despite a request therefor made in accordance with the second paragraph of section 40.24.

1995, c. 23, s. 12.

40.27. Every person who requests the entry of his name or who requests the entry of the name of another person must declare, by signing the enumeration slip, that the information provided is, to his knowledge, true and accurate.

A person who is unable or who refuses to sign the enumeration slip must, before the entry can be made, declare that the information provided is, to his knowledge, true and accurate; the enumerators shall record the fact on the enumeration slip.

1995, c. 23, s. 12.

40.28. The enumerators shall sign the enumeration slip and leave a copy at the domicile of the elector whose name has been entered.

1995, c. 23, s. 12.

40.29. If one of the enumerators, after entering the name of a person, has reasonable grounds to believe that the person is not entitled to have his name entered, he shall make a report to the returning officer in the prescribed manner.

1995, c. 23, s. 12.

40.30. The enumerators shall prepare a list of the dwellings that were vacant, the places where persons refused to have their names entered, the places where not all the residents were qualified electors and the places where, after two visits, they obtained no response.

They shall give the list to the returning officer at the end of the enumeration.

1995, c. 23, s. 12.

40.31. The returning officer may establish a procedure for enumerating persons lodged by an institution referred to in section 3 with the executive director of the institution, in order to ensure that their names are entered on the list of electors.

The procedure must, in particular, ensure that the enumerators have access to those persons.

1995, c. 23, s. 12.

40.32. The owner, administrator, superintendent or caretaker of a multiple-dwelling building shall allow and facilitate access to the building by the enumerators.

The same rule applies to the executive director of an institution referred to in section 3 with regard to any facility maintained by the institution.

1995, c. 23, s. 12.

40.33. The enumerators shall, not later than the last day of the enumeration, return all the enumeration slips they have completed and any report made pursuant to section 40.29 to the returning officer or to the person designated by the returning officer, according to the procedure determined by the returning officer.

1995, c. 23, s. 12.

40.34. The returning officer shall computerize the information relating to the electors whose names have been entered by the enumerators.

1995, c. 23, s. 12.

40.35. The returning officer shall transmit the computerized list to the Chief Electoral Officer to allow the entries, from all the electoral divisions, that relate to electors with the same name and the same date of birth to be identified.

1995, c. 23, s. 12.

40.36. Where the Chief Electoral Officer identifies entries relating to two or more electors with the same name and the same date of birth, he shall transmit a request for verification of the entries to the returning officer of each of the electoral divisions concerned, unless he is certain that the entries relate to different electors.

1995, c. 23, s. 12.

40.37. Not later than Tuesday of the week following that of the enumeration, the returning officer shall transmit the list of the electors whose names are entered for each polling subdivision to the authorized parties represented in the National Assembly, to any other authorized party that so requests, and to the independent Member, if any.

The list shall be transmitted in computerized form or in duplicate copies, as specified to the returning officer.

The returning officer shall transmit, at the same time, a copy of the list made by the enumerators pursuant to section 40.30.

1995, c. 23, s. 12.

DIVISION II AD HOC REVISION OF THE LIST

1995, c. 23, s. 12; 1999, c. 15, s. 4.

40.38. The provisions relating to the production, transmission and revision of the list of electors that are applicable during an election period apply, adapted as required, for the purposes of an ad hoc revision of all or part of the permanent list of electors. Sections 227 to 231.3, however, do not apply to such a revision.

1995, c. 23, s. 12; 1999, c. 15, s. 5.

CHAPTER III.1 TRANSMISSION OF THE LIST

1998, c. 52, s. 3.

40.38.1. Between 1 October and 1 November each year, the chief electoral officer shall transmit the list of the electors entered on the permanent list of electors to be used in a provincial poll to the authorized parties represented in the National Assembly, to any other authorized party that so requests and to any Member.

In the case of a Member, the list transmitted is the list for the electoral division represented by the Member.

However, no list shall be transmitted if 1 October falls within an election or referendum period or if a general election or a referendum was held within the three months preceding that date.

1998, c. 52, s. 3; 1999, c. 15, s. 6.

40.38.2. The list shall be transmitted in computer form and in duplicate.

The list shall indicate the name, address, date of birth and sex of each elector. In the case of electors who are entitled to vote outside Québec, the list shall also indicate their address outside Québec.

1998, c. 52, s. 3.

40.38.3. The list transmitted shall contain a cautionary note concerning its confidentiality and shall state the penalties applicable to any person who communicates or uses the information contained in the list of electors for purposes other than those provided for by this Act.

The Member or the person designated by a political party to receive the list must undertake in writing to take appropriate measures to protect the confidentiality of the list and to restrict its use to the purposes provided for by this Act.

1998, c. 52, s. 3.

CHAPTER IV CONFIDENTIALITY

1995, c. 23, s. 12.

40.39. Information relating to electors is not public information within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1).

1995, c. 23, s. 12.

40.40. Documents transmitted in support of information communicated to the Chief Electoral Officer shall be retained only for the time needed for their processing, and shall then be destroyed. However, in the case of original documents, they shall be returned to the elector.

1995, c. 23, s. 12.

40.41. No person may use, communicate or allow to be communicated, for purposes other than those provided for in this Act or the Referendum Act (chapter C-64.1), or communicate or allow to be communicated to any person not legally entitled thereto, any information relating to an elector.

1995, c. 23, s. 12.

40.42. The chief electoral officer shall not, except with the consent of the person concerned, communicate, or enter into an agreement for the purpose of communicating, nominative information contained in the permanent list of electors for purposes other than those provided for in this Act, the Referendum Act (chapter C-64.1), the Act respecting elections and referendums in municipalities (chapter E-2.2), the Act respecting school elections (chapter E-2.3) or the Jurors Act (chapter J-2) or for purposes other than those provided for in the second paragraph.

The chief electoral officer may enter into an agreement with the Chief Electoral Officer of Canada to supply him with information contained in the permanent list of electors for the sole purpose of drawing up a list to be used in a federal poll. The agreement must provide for the safety measures that will be taken to ensure the confidentiality of the information transmitted.

The expenses relating to the transmission of such information, established under section 549, shall be charged to the Chief Electoral Officer of Canada.

1995, c. 23, s. 12.

TITLE III AUTHORIZATION AND FINANCING OF POLITICAL PARTIES, INDEPENDENT MEMBERS OF THE NATIONAL ASSEMBLY AND INDEPENDENT CANDIDATES

1998, c. 52, s. 4.

CHAPTER I AUTHORIZATION OF POLITICAL PARTIES, PARTY AUTHORITIES, INDEPENDENT MEMBERS OF THE NATIONAL ASSEMBLY AND INDEPENDENT CANDIDATES

1998, c. 52, s. 4.

DIVISION I GENERAL PROVISIONS

41. Every political party, party authority or independent candidate wishing to solicit or collect contributions or to incur expenses or contract loans shall obtain an authorization from the chief electoral officer in accordance with this chapter.

For the purposes of this Act, the expression “independent candidate” includes any person who, at the time of the person’s application for authorization, undertakes to run as an independent candidate.

For the purposes of this Act, an independent Member is a Member of the National Assembly who belongs to no authorized political party.

1989, c. 1, s. 41; 1998, c. 52, s. 5.

42. A party, a party authority or an independent candidate soliciting authorization shall have an official representative designated in writing by the leader of the party or by the person designated in writing by the leader, or by the independent candidate, as the case may be.

1989, c. 1, s. 42; 1992, c. 38, s. 9.

43. Only one official representative shall be appointed for each authorized entity.

The official representative of an authorized party may, however, with the written approval of the leader of the party, appoint not more than one delegate for each electoral division.

A political party, a party authority, an independent Member or an independent candidate holding an authorization under this chapter is an authorized entity.

1989, c. 1, s. 43; 1998, c. 52, s. 6.

44. From the publication of the list of electoral divisions in the Gazette officielle du Québec, the Chief Electoral Officer may grant authorizations, taking into account the new electoral divisions.

From the publication referred to in the first paragraph, the official representative of a party may, in accordance with the second paragraph of section 43, appoint a delegate for each of the new electoral divisions.

1989, c. 1, s. 44.

45. A person cannot be an official representative or delegate if

(1)  he is not a qualified elector;

(2)  he is a candidate or the leader of a party; or

(3)  he is an election officer or an employee of an election officer.

1989, c. 1, s. 45.

46. An official representative or a delegate may resign by sending a written notice to that effect to the Chief Electoral Officer and to the person referred to in section 42.

Within 30 days of resigning, the official representative shall file with the party, the party authority, the independent Member or the independent candidate a financial report, with vouchers, covering the period during which he was in office.

Where an authorized entity no longer has an official representative, another official representative shall be designated without delay and the Chief Electoral Officer shall be so informed in writing.

The Chief Electoral Officer shall publish, in the Gazette officielle du Québec, a notice of the resignation or replacement of an official representative or of a delegate.

1989, c. 1, s. 46; 1992, c. 38, s. 10; 1998, c. 52, s. 7.

DIVISION II AUTHORIZATION OF A POLITICAL PARTY

47. A party which undertakes, through its leader, to present official candidates in at least 20 electoral divisions at any general election may apply for authorization.

The application must be accompanied with the names, addresses and signatures of at least 25 electors per electoral division in 20 electoral divisions who declare that they are members or supporters of the party and in favour of the application for authorization.

The application must also be accompanied with a deposit of $500, refundable upon the filing of the first financial report of the party under section 113 or upon the filing of the closing financial report under section 67.

1989, c. 1, s. 47; 1998, c. 52, s. 8.

47.1. Before filing an application for authorization, a party may reserve a name for a period not exceeding six months by transmitting a written application to that effect to the Chief Electoral Officer.

The second and third paragraphs of section 50 apply to the application, with the necessary modifications.

A party having reserved a name may, however, change the name in its application for authorization.

1998, c. 52, s. 9.

48. A party applying for authorization shall furnish the following information to the Chief Electoral Officer:

(1)  the name of the party;

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

(3)  the addresses where the books and accounts pertaining to contributions the party will receive and the expenses it will incur are to be kept;

(4)  the name, address and telephone number of the party’s official representative and those of his delegates, if any;

(5)  the name, address and telephone number of the leader and of two officers of the party;

(6)  the addresses of not more than two permanent offices of the party, where applicable.

1989, c. 1, s. 48; 1998, c. 52, s. 10.

49. A party applying for authorization shall also declare, in a sworn statement made by its leader, the amount of the funds at its disposal, and that any money collected by it after 1 April 1978 was collected in accordance with this title.

The party shall remit to the Chief Electoral Officer, together with its application for authorization, any sum of money collected after 1 April 1978 contrary to this title.

The Chief Electoral Officer shall remit any sum received under the preceding paragraph to the Minister of Finance.

1989, c. 1, s. 49.

50. The Chief Electoral Officer shall grant the authorization if the conditions provided in sections 47, 48 and 49 are met.

The Chief Electoral Officer shall, however, refuse to authorize a party if the name of the party includes the word “independent”.

He shall also refuse to authorize a party if the name of the party is substantially the same as that of an authorized party or of a party that has ceased to be an authorized party, and is likely to mislead electors as to which party they are supporting.

1989, c. 1, s. 50; 1992, c. 38, s. 11.

51. An authorized party wishing to change its name shall, through its leader, apply therefor in writing to the Chief Electoral Officer.

The application must be accompanied with a copy of a resolution to that effect made in conformity with the by-laws of the party and certified by two or more officers of the party.

The provisions of the second and third paragraphs of section 50 apply to the application.

Where an application for a name change is received by the Chief Electoral Officer after the issue of an order instituting an election, the change cannot take effect until the date of the publication of the notice referred to in section 380.

1989, c. 1, s. 51; 1992, c. 38, s. 12; 1998, c. 52, s. 11; 1999, c. 15, s. 7.

DIVISION III AUTHORIZATION OF A PARTY AUTHORITY

52. The Chief Electoral Officer shall grant authorization to a party authority upon a written application of the leader of the authorized party or of the person designated in writing by the leader, and upon production of the following information:

(1)  the name of the party authority;

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

(3)  the addresses where the books and accounts pertaining to the contributions it will receive and the expenses it will incur are to be kept;

(4)  the name, address and telephone number of the official representative of the party authority.

The organization of a political party at the level of an electoral division, of a region or of Québec is a party authority.

1989, c. 1, s. 52.

DIVISION IV MERGER OF AUTHORIZED PARTIES

53. Where authorized parties wish to merge, their leaders shall so advise the Chief Electoral Officer.

1989, c. 1, s. 53; 1998, c. 52, s. 12.

54. The merger notice shall be given jointly and in writing.

The notice shall

(1)  indicate the name of the party to result from the merger;

(2)  produce, in respect of the party that will result from the merger, the information contemplated in section 48;

(3)  indicate how each of the party authorities of the applying parties will be affected by the proposed merger;

(4)  produce, for each of the party authorities of the party that will result from the merger, the information contemplated in section 52;

(5)  indicate the date of merger.

The merger notice must be accompanied with a copy of a resolution to that effect made in conformity with the by-laws of each party concerned and certified by two or more officers of each of the parties.

1989, c. 1, s. 54; 1992, c. 38, s. 13; 1998, c. 52, s. 13.

55. (Repealed).

1989, c. 1, s. 55; 1998, c. 52, s. 14.

56. From the merger, the parties and their party authorities cease to exist and are replaced by the party and the party authorities resulting from the merger.

The party and the party authorities resulting from a merger succeed to the rights and obligations of the merged parties and party authorities.

Each of the parties and of their party authorities shall forward to the Chief Electoral Officer, within 60 days after the merger, the financial statement for the period that has elapsed from the preceding 31 December to the date of the merger.

1989, c. 1, s. 56.

57. The chief electoral officer shall publish a notice of any merger in the Gazette officielle du Québec and in at least one newspaper published in Québec and circulated in all parts of Québec.

The notice shall indicate the name of the official representative of the party resulting from the merger and, as the case may be, the names of its delegates. It shall, in addition, indicate the name of the official representative of each of its party authorities.

1989, c. 1, s. 57.

58. The official representatives of the party and party authorities resulting from the merger shall, not later than 1 April of the year immediately following that of the merger, file the financial statements required by sections 113 and 117 for that part of the fiscal year that has elapsed since the merger.

The financial statement of the party must be accompanied with an opening balance sheet on the date of the merger. The financial statement of each party authority resulting from the merger must indicate the cash balance on the date of the merger.

1989, c. 1, s. 58.

DIVISION V AUTHORIZATION OF AN INDEPENDENT CANDIDATE OR OF A MEMBER OF THE NATIONAL ASSEMBLY WHO BECOMES AN INDEPENDENT

1998, c. 52, s. 15.

59. The chief electoral officer or any person designated by him shall grant an authorization to every independent candidate who applies to him therefor in writing and who furnishes him with the following information:

(1)  his name, the address of his domicile and his telephone number;

(2)  the name of the electoral division in which he is a candidate;

(3)  the address to which communications intended for him must be sent;

(4)  the address where the books and accounts pertaining to the contributions he will receive and the expenses he will incur are to be kept;

(5)  the name, address and telephone number of his official representative.

Where the application for authorization is filed at the same time as the nomination paper, the candidate’s official representative is the official agent designated by him in his nomination paper.

1989, c. 1, s. 59; 1998, c. 52, s. 16.

59.1. Any elector who undertakes to run as an independent candidate in the next general election may file an application for authorization with the chief electoral officer from the expiry of a period of three years after receipt by the Secretary General of the National Assembly of the list of candidates declared elected referred to in section 380.

Any elector who undertakes to run as an independent candidate in a by-election may file an application for authorization with the chief electoral officer from the date on which the seat becomes vacant.

The application for authorization must contain the information referred to in section 59 as well as the signatures and addresses of at least 100 electors of the electoral division declaring that they support the application.

1998, c. 52, s. 17.

60. The authorization granted to an independent candidate entitles his official representative to solicit and collect contributions until polling day.

After polling day, the authorization granted to an independent candidate who was not elected entitles his official representative to solicit and collect contributions for the sole purpose of paying the debts arising from his election expenses and to dispose, in accordance with the second paragraph of section 441, of the sums and property derived from his election fund.

1989, c. 1, s. 60; 1998, c. 52, s. 18.

61. The authorization granted to an independent candidate who was not elected expires on 31 December of the year immediately following the election year.

The authorization of an independent candidate who was elected expires as soon as the person ceases to sit as an independent Member in the National Assembly, unless the candidate runs again as an independent candidate.

1989, c. 1, s. 61; 1992, c. 38, s. 14; 1998, c. 52, s. 19.

62. In the case of an authorized independent candidate who withdraws before polling day, the authorization granted to the candidate entitles his official representative to solicit and collect contributions for the sole purpose of paying the debts arising from election expenses incurred by the candidate before his withdrawal, and to dispose, in accordance with the second paragraph of section 441, of the sums and property remaining in his election fund on the day of his withdrawal.

Section 125 applies to the candidate.

1989, c. 1, s. 62.

62.1. A Member of the National Assembly who becomes an independent without having been elected as such must file an application with the chief electoral officer within 30 days of acquiring that status.

1998, c. 52, s. 20.

DIVISION VI MISCELLANEOUS PROVISIONS

63. The Chief Electoral Officer may take any necessary measures to verify the accuracy of the information provided in support of an application for authorization.

The Chief Electoral Officer, where he intends to refuse an application, shall give the party, party authority, independent Member or independent candidate, as the case may be, the reasons for his decision and an opportunity to be heard.

1989, c. 1, s. 63; 1998, c. 52, s. 21.

64. Upon granting authorization to an entity, the chief electoral officer shall publish a notice of it in the Gazette officielle du Québec and in at least one newspaper published in Québec and circulated, in the case of a party, in all parts of Québec or, in the case of a party authority, an independent Member or a candidate, in the electoral division for which the authorization was granted.

The notice shall indicate the name of the official representative, and those of his delegates, if any.

1989, c. 1, s. 64; 1998, c. 52, s. 22.

65. The chief electoral officer shall keep registers of the entities he has authorized, setting out the information required under sections 48, 52 and 59.

Every authorized entity shall, without delay, furnish the chief electoral officer, in writing, with the information required for updating the registers.

The information shall be furnished by the leader of the party or the person designated by him in writing, under section 42, or, as the case may be, by the independent candidate or the independent Member.

1989, c. 1, s. 65; 1998, c. 52, s. 23.

65.1. Within six months after being authorized, a party must transmit to the Chief Electoral Officer a copy of its by-laws duly adopted by its members at a general meeting.

An authorized party must also transmit to the Chief Electoral Officer a copy of any amendments to its by-laws for updating purposes.

1998, c. 52, s. 24.

66. Where the office of leader of an authorized party becomes vacant, the party shall, within 30 days, appoint an interim leader for the purposes of this Act and notify the chief electoral officer of the appointment.

The notice must be accompanied with a copy of a resolution to that effect made in conformity with the by-laws of the party, and certified by two or more officers of the party.

1989, c. 1, s. 66; 1998, c. 52, s. 25.

DIVISION VII WITHDRAWAL OF AUTHORIZATION

67. The chief electoral officer may, upon the written application of the leader, withdraw the authorization of a party or of any of its party authorities. He may, upon the written application of an authorized independent candidate, withdraw the authorization of the candidate unless the candidate has not fully paid the debts arising from his election expenses.

The application must be accompanied with a closing financial report of the entity contemplated in the application, for the period that has elapsed from the date of authorization or the preceding 31 December, as the case may be, to the date of the application for withdrawal of authorization. The report shall include the same information as the annual financial report described in section 113.

The application must also be accompanied with the financial report for the preceding fiscal year if it has not been filed.

The reports shall be filed by the last official representative or, failing that, by the leader of the party or by the independent candidate.

In the case of a party or a party authority, the application must also be accompanied with a copy of a resolution to that effect made in conformity with the by-laws of the party and certified by two or more officers of the party.

1989, c. 1, s. 67; 1998, c. 52, s. 26.

68. The Chief Electoral Officer may withdraw the authorization of an authorized entity which does not furnish him with the information required for the purposes of the updating of the registers provided for in section 65 or, as the case may be, which does not comply with Division IV of Chapter II, regarding the auditor, or whose official representative does not comply with Division III of Chapter II, regarding expenses and loans of entities, or with Division V of Chapter II, regarding financial reports.

1989, c. 1, s. 68.

69. The chief electoral officer shall withdraw the authorization of a party which does not present official candidates in at least 20 electoral divisions at a general election or the number of whose official candidates at the election falls below the required minimum.

The chief electoral officer shall also withdraw the authorization of any independent Member if the Member joins a political party.

1989, c. 1, s. 69; 1998, c. 52, s. 27.

70. The Chief Electoral Officer shall withdraw his authorization from an independent candidate or an independent Member who dies.

The Chief Electoral Officer shall withdraw the authorization of any person who undertook to run as a candidate and has not filed a nomination paper at the expiry of the prescribed time.

1989, c. 1, s. 70; 1998, c. 52, s. 28.

71. The Chief Electoral Officer, where he intends to withdraw his authorization from an entity under section 67 or 68, shall give the party, party authority, independent Member or candidate, as the case may be, the reasons for his intention and an opportunity to be heard.

1989, c. 1, s. 71; 1998, c. 52, s. 29.

72. Upon withdrawing an authorization, the chief electoral officer shall publish a notice of it in the Gazette officielle du Québec and in at least one newspaper published in Québec and circulated, in the case of a party, in all parts of Québec or, in the case of a party authority, an independent Member or a candidate, in the electoral division or part of Québec for which the authorization was granted.

The notice that an authorization has been withdrawn shall indicate the name of the official representative and those of his delegates, if any.

1989, c. 1, s. 72; 1998, c. 52, s. 30.

73. The withdrawal of authorization from a party entails the withdrawal of authorization from all its party authorities.

Where the authorization of a party is withdrawn during the election period, the Chief Electoral Officer may prescribe changes to ensure the transition from the status of party candidate to that of authorized independent candidate.

1989, c. 1, s. 73.

74. Where an independent candidate ceases to be authorized pursuant to an application filed under section 67, the sums and property remaining in his possession shall be remitted, without delay, by his official representative to the Chief Electoral Officer, who shall remit them to the Minister of Finance.

If an independent candidate ceases to be authorized under sections 68 and 70, sections 76, 77, 79 and 80, adapted as required, apply.

1989, c. 1, s. 74.

74.1. If an independent Member ceases to be authorized because he has joined an authorized party, because he has died or because he has decided not to run again on the expiry of his term of office, sections 76, 77 and 88 apply, with the necessary modifications.

Any surplus shall, after the payment of debts, be remitted to the authorized party which the independent Member has joined or, in other cases, to the Minister of Finance.

1998, c. 52, s. 31.

75. Where a party authority ceases to be authorized, without the party being so affected, the sums and assets remaining in its possession shall be remitted to the official representative of the party by the person holding them.

The authority shall also file with the Chief Electoral Officer, within 60 days after the withdrawal of authorization, the financial reports prescribed in section 67, unless the reports have already been filed.

The party shall succeed to the rights and obligations of the party authority which has ceased to be authorized.

1989, c. 1, s. 75.

76. Where a party ceases to be authorized, the sums and assets of the party and party authorities shall be remitted without delay to the Chief Electoral Officer by the persons holding them.

The party and each of its party authorities shall also file with the Chief Electoral Officer, within 60 days following the withdrawal of authorization, the financial reports required in section 67 and the name and full address of each of their creditors and the amount due to each creditor.

The Chief Electoral Officer may require the party and its party authorities to remit to him any book, account or document relating to their financial affairs.

1989, c. 1, s. 76.

77. The Chief Electoral Officer shall liquidate the assets of the party and those of each of its party authorities separately.

He shall discharge the debts of the party and party authorities up to the amount of their respective assets.

1989, c. 1, s. 77.

78. After complying with section 77, the Chief Electoral Officer shall use any surplus of assets over liabilities of the party or of the party authorities to pay, pro rata, any creditors who have not been paid in full.

1989, c. 1, s. 78.

79. After payment of the debts, the balance, if any, shall be paid to the Minister of Finance.

1989, c. 1, s. 79.

80. For the purposes of the liquidation of the assets of a party and its party authorities which cease to be authorized, the chief electoral officer may open accounts in a bank, trust company or savings and credit union within the meaning of the Savings and Credit Unions Act (chapter C-4.1) having an office in Québec, and designate two or more persons authorized to sign cheques or other orders of payment from among the members of his personnel.

1989, c. 1, s. 80; 1988, c. 64, s. 587.

CHAPTER II FINANCING OF PARTIES, INDEPENDENT MEMBERS AND INDEPENDENT CANDIDATES

1998, c. 52, s. 32.

DIVISION I PUBLIC FINANCING OF POLITICAL PARTIES

81. The Chief Electoral Officer shall, every year, determine an allowance for each authorized party.

1989, c. 1, s. 81.

82. The allowance shall be computed by dividing between the authorized parties, proportionately to the percentage of the valid votes obtained by them at the last general election, a sum equal to the product obtained by multiplying the amount of $0.50 by the number of electors entered on the list of electors used at that election.

1989, c. 1, s. 82; 1992, c. 38, s. 15.

83. The allowance shall be used to reimburse the expenses incurred by the parties for their current administration, the propagation of their political programs and the coordination of the political activities of their members; it shall be paid only if the expenses are actually incurred and paid.

1989, c. 1, s. 83.

84. The allowance shall be paid by cheque made to the order of the official representative of the party, upon production by him of a demand for payment and of a statement in the form prescribed by the chief electoral officer.

The official representative shall keep the invoices, receipts or other vouchers for a period of two years. However, he shall remit them to the chief electoral officer, at his request.

1989, c. 1, s. 84.

85. Upon receipt of a certificate signed by the Chief Electoral Officer setting out the amount he has paid to an official representative, the Minister of Finance shall reimburse the amount set out in the certificate to the Chief Electoral Officer.

1989, c. 1, s. 85.

86. Any person may examine the documents contemplated in section 84 at the information centre of the chief electoral officer during regular working hours and make copies of them.

Within thirty days of the payment of the allowance, the chief electoral officer shall publish, in the Gazette officielle du Québec, a summary statement of every amount paid to the official representative of every party contemplated in this division.

1989, c. 1, s. 86.

DIVISION II CONTRIBUTIONS

87. Only an elector may make a contribution.

He shall do so only in favour of an authorized entity and only in accordance with this division.

1989, c. 1, s. 87.

88. Sums of money donated to an authorized entity and services rendered and goods furnished to it free of charge for political purposes are deemed to be contributions.

The following are not deemed to be contributions:

(1)  volunteer work and the goods or services produced by such work;

(2)  anonymous donations collected at a meeting or rally held for political purposes;

(3)  amounts paid to a political party under any Act, and reimbursements and advances on reimbursements of election expenses contemplated in Chapter VI of Title IV;

(4)  a loan granted for political purposes by an elector or a bank, trust company or savings and credit union at the current market rate of interest at the time it is granted, or a guarantee granted by an elector as surety;

(5)  an annual amount of not over $50 paid by a natural person as dues of membership in a political party;

(6)  at the option of the official representative of an authorized entity, applied equally to all the participants, an entrance fee to a political activity or rally, where the fee is not over $60 per day, up to one admission per person;

(7)  air time on the radio or television or space in a newspaper, periodical or other printed matter made available free of charge outside an election period by any radio, television or cable broadcaster or any owner of a newspaper, periodical or other printed matter to authorized political parties, provided he offers such service equitably as to quality and quantity to the parties represented in the National Assembly and to the parties which received at least 3 % of the valid votes in the last general election;

(8)  transfers of funds between

(a)  the various authorized party authorities;

(b)  an authorized party and any of its authorized party authorities; or

(c)  an authorized party, any of its authorized party authorities and the official agent of an official candidate of the party.

1989, c. 1, s. 88; 1992, c. 38, s. 16.

89. Every sum of money, except sums spent in accordance with paragraphs 5, 6, 7 and 7.1 of section 404, disbursed by a candidate for payment by him or through his official agent of an election expense is deemed to be a contribution.

1989, c. 1, s. 89; 1992, c. 38, s. 17.

90. Every contribution must be made by the elector himself out of his own property.

1989, c. 1, s. 90.

91. The total of contributions to each party, independent Member and independent candidate by the same elector during the same calendar year shall not exceed the amount of $3 000. In the case of a party, the amount may be paid in whole or in part to one or another of its party authorities.

Goods and services furnished to an authorized entity are assessed, if they are furnished by a trader dealing in similar articles or services, at the lowest price at which he offers his goods or services to the public at the time when they are furnished.

In the other cases, goods and services are assessed at the lowest market retail price in the region in which and at the time when they are offered to the public in the ordinary course of business.

1989, c. 1, s. 91; 1998, c. 52, s. 33.

92. Contributions shall not be solicited except under the responsibility of the official representative of an authorized entity, or except through persons designated in writing by the official representative.

Every person authorized to solicit contributions shall, on demand, produce a certificate signed by the official representative, attesting his authority.

1989, c. 1, s. 92.

93. A contribution shall be made to no one except the official representative of the authorized entity for which it is intended, or the persons designated in writing by the official representative in accordance with section 92.

1989, c. 1, s. 93.

94. The delegate of the official representative of an authorized party has, for the electoral division for which he is appointed, the powers conferred on the party’s official representative by sections 92, 93, 96 and 102.

1989, c. 1, s. 94.

95. Every contribution of money of over $200 shall be made by cheque or other order of payment signed by the elector and drawn on his account in a bank, trust company or savings and credit union having an office in Québec.

1989, c. 1, s. 95; 1992, c. 38, s. 18.

96. For every contribution, the official representative or the person designated in accordance with section 92 shall issue a receipt to the contributor.

The receipt shall indicate the address of the elector’s domicile.

1989, c. 1, s. 96.

97. The cheque or order of payment must be made to the order of the authorized entity.

1989, c. 1, s. 97.

98. On being cashed, a contribution is deemed paid by the elector who made it and received by the authorized entity for which it is intended.

1989, c. 1, s. 98.

99. The contributions of money and the funds collected in accordance with this division must be deposited with a bank, trust company or savings and credit union having an office in Québec and chosen by the authorized entity.

1989, c. 1, s. 99.

100. Every contribution or part of a contribution made contrary to this division shall, as soon as the fact is known, be remitted to the chief electoral officer who shall return it to the contributor if his identity is known; if his identity is not known, the money shall be paid to the Minister of Finance.

1989, c. 1, s. 100; 1992, c. 38, s. 19.

101. Twice a year, on the dates fixed after consultation with the advisory committee, the chief electoral officer shall publish a notice for the information of electors indicating, in particular,

(1)  the names of the authorized parties;

(1.1)  the names of the independent Members;

(2)  the name of each party’s and each independent Member’s official representative;

(3)  the rules governing contributions.

1989, c. 1, s. 101; 1998, c. 52, s. 34.

DIVISION III EXPENSES AND LOANS OF AUTHORIZED ENTITIES

102. The expenses of an authorized entity may be incurred only by the official representative or by a person designated by him in writing.

Every person authorized to incur expenses shall, on demand, exhibit a certificate signed by the official representative and attesting his authority.

1989, c. 1, s. 102.

103. The official representative of a party, of a party authority or of an independent Member shall pay the accounts and invoices that are transmitted to him within six months of their receipt, unless he contests them.

1989, c. 1, s. 103; 1998, c. 52, s. 35.

104. Only the official representative of an authorized entity may contract a loan.

1989, c. 1, s. 104.

105. Every loan shall be evidenced in a writing setting out the name and address of the lender, the date, amount, term and rate of interest of the loan and the terms and conditions of repayment of the principal and payment of the interest.

Where an elector becomes surety for a loan, the deed of suretyship shall set out the name and domiciliary address of the elector and the amount for which he became surety.

1989, c. 1, s. 105.

106. The official representative shall, at least once a year, pay the interest due on the loans he has contracted.

Where the official representative is unable to remit the sums due to the lender because the latter cannot be found, the official representative shall comply with section 100, adapted as required.

1989, c. 1, s. 106; 1992, c. 38, s. 20.

DIVISION IV AUDITORS

107. The official representative of every authorized party, with the written approval of the leader of the party, shall appoint an auditor from among the persons having a legal right to practise public auditing in Québec.

1989, c. 1, s. 107.

108. No person may be an auditor if

(1)  he is not a qualified elector;

(2)  he is a Member of the National Assembly or of the Parliament of Canada;

(3)  he is an official agent or official representative;

(4)  he is a candidate in a current election;

(5)  he is the chief electoral officer, a returning officer, an assistant returning officer or one of his assistants.

Nor may any partner or member of the staff or personnel of a person described in subparagraphs 2 to 5 of the first paragraph be an auditor.

1989, c. 1, s. 108.

109. The official representative shall, with the written approval of the leader of the party, replace the auditor appointed by him upon the latter’s ceasing to hold office.

1989, c. 1, s. 109.

110. The auditor of an authorized party shall examine the financial report made pursuant to section 113 and make his report as auditor in accordance with the directive issued by the Chief Electoral Officer in that regard.

1989, c. 1, s. 110; 1992, c. 38, s. 21.

111. The auditor of a party shall have access to all the books, accounts and documents pertaining to the financial affairs of the party.

1989, c. 1, s. 111.

112. The chief electoral officer shall reimburse the authorized parties one-half of the cost incurred for the audit of the financial report contemplated in section 113, up to $5 500.

Where the chief electoral officer requires the audit of a balance sheet that accompanies a joint application for a merger or a financial report produced following a merger under section 56, he shall reimburse one-half of the cost incurred for the audit, up to $5 500.

Where the chief electoral officer requires the audit of a closing financial report, he shall appoint the auditor and directly discharge the cost of the audit.

1989, c. 1, s. 112; 1992, c. 38, s. 22.

DIVISION V FINANCIAL REPORTS

113. The official representative of every authorized party shall, not later than 1 April each year, submit to the chief electoral officer a financial report for the preceding fiscal year containing a balance sheet, an income statement, and a statement of changes in the financial position of the party, prepared in accordance with generally recognized accounting principles.

For the purposes of this title, the fiscal year corresponds to the calendar year.

1989, c. 1, s. 113.

114. The income statement shall include a general statement of revenues and total expenditures and indicate, in addition,

(1)  the total sum of anonymous donations collected at meetings or rallies contemplated in subparagraph 2 of the second paragraph of section 88, and the nature, place and date of the meetings or rallies;

(2)  the total sum of amounts collected under subparagraph 5 of the second paragraph of section 88;

(3)  the total sum of amounts collected under subparagraph 6 of the second paragraph of section 88 as entrance fees to an activity or rally of a political nature, and the nature, place and date of the activity or rally;

(4)  the total sum of contributions of $200 or less;

(5)  the number and the total sum of contributions of over $200.

1989, c. 1, s. 114; 1992, c. 38, s. 23.

115. The financial report shall indicate, furthermore,

(1)  the financial institutions where the amounts of money collected by the party are deposited and the account numbers used;

(2)  the total value of services rendered and goods furnished free of charge;

(3)  for each elector whose total contribution to the party and to each party authority exceeds $200, the elector’s name and full domiciliary address and the amount paid;

(4)  the name and full domiciliary address of each elector who became surety and the amount for which he became surety;

(5)  the total amount of the sums transferred or loaned between the party and party authorities or the official agent of an official candidate of the party or, during a referendum, the total sum of the amounts transferred or loaned to a national committee;

(6)  a detailed statement of all amounts borrowed in accordance with subparagraph 4 of the second paragraph of section 88, the date of each loan, the name and full address of the lender, the rate of interest charged, and the amount of the repayments in principal and of the payments of interest.

The information described in subparagraph 3 of the first paragraph shall be presented in alphabetical order of the names of the electors.

1989, c. 1, s. 115; 1992, c. 38, s. 24.

116. The annual financial report contemplated in section 113 is deemed submitted to the Chief Electoral Officer only if it is accompanied with the auditor’s report contemplated in section 110.

No auditor’s report is required, however, in the case of a closing financial report, a balance sheet accompanying a joint application for a merger or a financial statement produced following a merger under section 56. The Chief Electoral Officer may nevertheless require them.

1989, c. 1, s. 116.

117. Not later than 1 April each year, the official representative of an authorized party authority or of an independent Member shall file a financial report for the preceding fiscal year with the chief electoral officer.

The report shall contain an income statement made in accordance with section 114 and the information prescribed in section 115.

1989, c. 1, s. 117; 1998, c. 52, s. 36.

118. The official representative of an authorized party, of an authorized party authority or of an independent Member shall, for two years from the date of submitting the financial report, keep the receipts issued for contributions received. However, he shall remit them to the chief electoral officer, at his request.

1989, c. 1, s. 118; 1998, c. 52, s. 37.

119. Where the time limit fixed in section 113 or 117 expires during an election period, it is deferred to the ninetieth day after the date of the general election.

1989, c. 1, s. 119.

120. Where the time limit fixed in section 113 or 117 expires within 90 days after the date of a general election, it is deferred to the one hundred and twentieth day after the date of the general election.

1989, c. 1, s. 120.

121. Sections 119 and 120, adapted as required, apply at elections other than general elections with respect to authorized party authorities at the level of the electoral divisions where these elections are held and with respect to the independent Members, if any, representing those electoral divisions.

1989, c. 1, s. 121; 1998, c. 52, s. 38.

122. The official representative of an authorized independent candidate who was not elected shall, within 90 days after polling day, file a financial report at the office or residence of the returning officer or with the chief electoral officer.

The report shall contain an income statement prepared in accordance with section 114, and the information provided for in section 115. The report must be accompanied with a copy of each of the receipts issued for contributions received.

The financial report shall be filed at the same time as the return of election expenses provided for in section 432.

1989, c. 1, s. 122; 1998, c. 52, s. 39.

123. Where the official representative of an independent candidate who was not elected, after filing the report and return contemplated in sections 122 and 432, has debts resulting from election expenses or holds sums or property from the election fund of the candidate, he shall file a financial report at the office or residence of the returning officer or with the chief electoral officer.

The financial report must be filed in accordance with the second paragraph of section 122, accompanied with the same documents, not later than 1 April of the year following each fiscal year during which the candidate remained authorized.

1989, c. 1, s. 123; 1998, c. 52, s. 40.

124. On 31 December of the year following the year of the election, any sums remaining from the electoral fund of an independent candidate who was not elected shall be remitted to the Chief Electoral Officer, who shall remit them to the Minister of Finance.

1989, c. 1, s. 124; 1998, c. 52, s. 41.

125. Every independent candidate who was not elected and who, on 31 December of the year following the year of the election in which he was a candidate, has not discharged all the debts resulting from his election expenses, becomes disqualified for the next general election and any by-election.

1989, c. 1, s. 125; 1998, c. 52, s. 42.

126. The information contained in the reports, returns and documents prescribed under this title is public information.

Notwithstanding section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), no person may have access to the documents prescribed by this division before the date of expiry of the period prescribed for their filing. If the documents are filed after the date fixed, they shall be accessible upon their date of filing.

This section does not apply to receipts issued for contributions of $200 or less.

Any person may examine the reports, returns and documents at the information centre of the Chief Electoral Officer during regular working hours, and make copies of them.

1989, c. 1, s. 126; 1992, c. 38, s. 25.

127. If the financial report of an authorized entity is not filed within the fixed time, the leader of the party or, if he is not a Member, the House leader or, as the case may be, the independent Member, becomes, ten days after the expiry of the prescribed time, disqualified to sit and to vote in the National Assembly until the financial report is filed.

Sections 442 to 444 and 448, adapted as required, apply to this division.

1989, c. 1, s. 127; 1998, c. 52, s. 43.

TITLE IV ELECTION PERIOD

CHAPTER I ORDER OF ELECTION

128. The holding of an election is instituted by an order of the Government addressed to the Chief Electoral Officer. The order enjoins him to hold an election on the date fixed therein and indicates each electoral division in which an election must be held.

The Chief Electoral Officer shall send a copy of the order to the returning officer of each electoral division in which an election must be held, and the returning officer shall comply with it.

1989, c. 1, s. 128.

129. At a general election, the election date is the same for all the electoral divisions.

1989, c. 1, s. 129.

130. Where the seat of a Member in the National Assembly becomes vacant, the order instituting the holding of a by-election must be issued not later than six months after it becomes vacant.

However, the Government is not required to make such an order if the vacancy occurs more than four years after receipt by the Secretary General of the National Assembly of the list of candidates declared elected referred to in section 380.

Once the order instituting the holding of a general election is issued, any order instituting the holding of a by-election becomes null.

1989, c. 1, s. 130; 1998, c. 52, s. 44.

131. The polling shall take place on the fifth Monday following the issue of the order instituting the election if the order is issued on a Monday, Tuesday or Wednesday, or on the sixth Monday if the order is issued on another day.

If polling day falls on a holiday, the poll shall be held on the following day.

1989, c. 1, s. 131; 1995, c. 23, s. 13.

132. As soon as the order has been issued, the returning officer shall immediately establish a main office in an easily accessible place in the electoral division, and communicate the address to the chief electoral officer, to each party authority at the level of the electoral division and to the public.

The main office shall be open every day from 9:00 a.m. to 10:00 p.m. It must be accessible to handicapped persons and its material arrangements must be in accordance with the norms prescribed by the chief electoral officer.

1989, c. 1, s. 132; 1995, c. 23, s. 14.

133. The Chief Electoral Officer shall publish an election calendar.

1989, c. 1, s. 133.

134. The Chief Electoral Officer shall send to each dwelling, not later than the twenty-second day preceding polling day, a manual informing citizens on the right to vote, the list of electors and revision of the list, the financing of political parties and independent candidates, the control of election expenses, and voting procedures.

1989, c. 1, s. 134; 1995, c. 23, s. 15.

135. The returning officer shall send to every dwelling in his electoral division, not later than the second day preceding polling day, a reminder informing the electors of the place, date and hours of the polling, the number of their polling station, and the particulars that will be contained in the ballot paper.

1989, c. 1, s. 135.

CHAPTER II ELECTION OFFICERS

136. Returning officers and their aides, assistant returning officers and their assistants, polling officers, enumerators, revisors, revising officers and secretaries of a board of revisors are election officers.

Election officers are chosen from among the qualified electors.

Apart from the returning officer, who shall make an oath in accordance with section 509, the election officers shall make the oath provided in Schedule II before the returning officer or the person designated by him.

Election officers shall comply with the directives of the Chief Electoral Officer.

1989, c. 1, s. 136; 1995, c. 23, s. 16.

137. The tariff of remuneration and expenses of election officers shall be fixed by government regulation.

The first ranking representative of a candidate who has recommended the appointment of a deputy returning officer or poll clerk shall receive, when he acts in a polling station, the same remuneration as the poll clerk.

The chief electoral officer may, in an election period, increase the amounts fixed by the tariff. The additional expenses resulting from the increase shall not exceed the amount established by government regulation.

1989, c. 1, s. 137.

138. No elector convicted or held to be guilty of a corrupt electoral practice may become an election officer for five years from the date of the judgment.

1989, c. 1, s. 138; 1992, c. 61, s. 283.

139. No election officer may engage in partisan work on the days prescribed by this Act for the carrying out of his duties.

1989, c. 1, s. 139.

140. In carrying out their duties of office, all election officers except the officer in charge of information and order may administer the oaths provided for in this Act, and they shall do so without charge.

1989, c. 1, s. 140.

141. The returning officer may dismiss any election officer who neglects to perform his duties, engages in partisan work or is not qualified to hold the office. However, before dismissing a revisor, the returning officer shall consult the Chief Electoral Officer.

An enumerator who is dismissed is not entitled to any remuneration.

1989, c. 1, s. 141.

142. An election officer who ceases to perform his duties of office shall, so far as possible, be replaced in the same manner as he was appointed.

1989, c. 1, s. 142.

143. An election officer who no longer holds office shall return all the official documents in his possession to the Chief Electoral Officer, in the case of the returning officer, or to the returning officer in the case of any other officer.

1989, c. 1, s. 143.

144. Every employer shall, upon written request, grant leave without pay to an employee who is an election officer to enable him to perform his duties.

Sections 250 to 255 apply to such an employer.

1989, c. 1, s. 144.

CHAPTER III LIST OF ELECTORS

DIVISION I PRODUCTION AND TRANSMISSION

1995, c. 23, s. 17.

145. Upon the issue of an order instituting an election and as soon as the requests for changes to the permanent list of electors received by the Chief Electoral Officer before the issue of the order have been processed, the Chief Electoral Officer shall produce the list of electors and the list of electors entitled to exercise their right to vote outside Québec.

The Chief Electoral Officer shall transmit to each returning officer the list of electors for his electoral division and the list of electors entitled to exercise their right to vote outside Québec for the division.

The Chief Electoral Officer shall also transmit to each returning officer the information relating to the electors in whose respect he is unable to update the entries on the permanent list of electors, so that the information may be verified by the competent board of revisors.

Moreover, the Chief Electoral Officer shall transmit to each returning officer a list of the addresses for which no electors’ names are entered on the list of electors for the electoral division.

1989, c. 1, s. 145; 1995, c. 23, s. 17; 1997, c. 8, s. 10.

146. Not later than the twenty-seventh day preceding polling day, the returning officer shall transmit the list of electors for his division, the list of electors entitled to exercise their right to vote outside Québec and a list of the addresses for which no electors’ names are entered to the authorized parties represented in the National Assembly, any other party having so requested, any independent Member and each candidate.

The lists shall be transmitted in computerized form and in duplicate copies.

1989, c. 1, s. 146; 1995, c. 23, s. 17; 1997, c. 8, s. 11.

147. Not later than the eighteenth day preceding polling day, the chief electoral officer shall transmit to each returning officer a list of the electors of his division who have become entitled to vote outside Québec since the issue of the order instituting the election.

The returning officer shall transmit the list to the parties and persons referred to in section 146, in the manner prescribed therein.

1989, c. 1, s. 147; 1995, c. 23, s. 17; 1998, c. 52, s. 45.

148. (Replaced).

1989, c. 1, s. 148; 1995, c. 23, s. 17.

149. (Replaced).

1989, c. 1, s. 149; 1995, c. 23, s. 17.

150. (Replaced).

1989, c. 1, s. 150; 1995, c. 23, s. 17.

151. (Replaced).

1989, c. 1, s. 151; 1992, c. 38, s. 26; 1995, c. 23, s. 17.

152. (Replaced).

1989, c. 1, s. 152; 1995, c. 23, s. 17.

153. (Replaced).

1989, c. 1, s. 153; 1995, c. 23, s. 17.

154. (Replaced).

1989, c. 1, s. 154; 1995, c. 23, s. 17.

155. (Replaced).

1989, c. 1, s. 155; 1995, c. 23, s. 17.

156. (Replaced).

1989, c. 1, s. 156; 1992, c. 38, s. 27; 1995, c. 23, s. 17.

157. (Replaced).

1989, c. 1, s. 157; 1995, c. 23, s. 17.

158. (Replaced).

1989, c. 1, s. 158; 1995, c. 23, s. 17.

159. (Replaced).

1989, c. 1, s. 159; 1995, c. 23, s. 17.

160. (Replaced).

1989, c. 1, s. 160; 1995, c. 23, s. 17.

161. (Replaced).

1989, c. 1, s. 161; 1995, c. 23, s. 17.

162. (Replaced).

1989, c. 1, s. 162; 1992, c. 21, s. 158; 1995, c. 23, s. 17.

163. (Replaced).

1989, c. 1, s. 163; 1992, c. 21, s. 159; 1995, c. 23, s. 17.

DIVISION II

Replaced, 1995, c. 23, s. 17.

1995, c. 23, s. 17.

164. (Replaced).

1989, c. 1, s. 164; 1995, c. 23, s. 17.

165. (Replaced).

1989, c. 1, s. 165; 1995, c. 23, s. 17.

166. (Replaced).

1989, c. 1, s. 166; 1995, c. 23, s. 17.

167. (Replaced).

1989, c. 1, s. 167; 1995, c. 23, s. 17.

168. (Replaced).

1989, c. 1, s. 168; 1995, c. 23, s. 17.

169. (Replaced).

1989, c. 1, s. 169; 1995, c. 23, s. 17.

DIVISION III

Replaced, 1995, c. 23, s. 17.

1995, c. 23, s. 17.

170. (Replaced).

1989, c. 1, s. 170; 1995, c. 23, s. 17.

171. (Replaced).

1989, c. 1, s. 171; 1995, c. 23, s. 17.

172. (Replaced).

1989, c. 1, s. 172; 1995, c. 23, s. 17.

173. (Replaced).

1989, c. 1, s. 173; 1995, c. 23, s. 17.

174. (Replaced).

1989, c. 1, s. 174; 1995, c. 23, s. 17.

175. (Replaced).

1989, c. 1, s. 175; 1995, c. 23, s. 17.

176. (Replaced).

1989, c. 1, s. 176; 1992, c. 38, s. 28; 1995, c. 23, s. 17.

177. (Replaced).

1989, c. 1, s. 177; 1995, c. 23, s. 17.

178. (Replaced).

1989, c. 1, s. 178; 1995, c. 23, s. 17.

DIVISION IV REVISION

1995, c. 23, s. 18.

§ 1 . — Constitution and operation of boards of revisors

1995, c. 23, s. 18.

179. The chief electoral officer shall determine the number of boards of revisors to be established by a returning officer in his electoral division.

The returning officer shall assign to each board of revisors the polling subdivisions he designates.

1989, c. 1, s. 179; 1995, c. 23, s. 18.

180. Not later than the twenty-eighth day preceding polling day, the returning officer shall select the places at which the boards of revisors will sit.

The places must be located and distributed in such a way as to accommodate the electors in the best possible manner, and must be accessible to the handicapped.

A board of revisors must be established at the office of the returning officer and at every place where a university or general and vocational college located in the electoral division maintains a student residence.

1989, c. 1, s. 180; 1995, c. 23, s. 18.

181. Universities and general and vocational colleges must allow their premises to be used, free of charge, for the establishment of boards of revisors.

1989, c. 1, s. 181; 1995, c. 23, s. 18.

182. The returning officer shall inform, without delay, the chief electoral officer, the authorized parties represented in the National Assembly, any other party having so requested, any independent Member and each candidate, of the places selected.

1989, c. 1, s. 182; 1995, c. 23, s. 18.

183. Each board of revisors shall be composed of three revisors.

1989, c. 1, s. 183; 1995, c. 23, s. 18.

184. The returning officer shall appoint two revisors not later than Wednesday of the fourth week preceding that of the poll.

The first revisor shall be appointed on the recommendation of the authorized party that ranked first in the last election or of the independent Member elected as such if his nomination paper has been filed.

The second revisor shall be appointed on the recommendation of the authorized party that ranked second in the last election.

1989, c. 1, s. 184; 1995, c. 23, s. 18.

185. In a new electoral division, an electoral division the boundaries of which have changed since the last election, an electoral division in which no authorized party ranked second in the last election or an electoral division in which the independent Member has not filed his nomination paper, the chief electoral officer shall decide, according to the criteria prescribed by regulation, which parties or candidates are entitled to recommend the appointment of revisors.

1989, c. 1, s. 185; 1992, c. 38, s. 29; 1995, c. 23, s. 18.

186. The recommendations are made by the leader of the party or the independent Member, as the case may be, or by the person designated by him in writing for such purpose.

The recommendations must be received by the returning officer not later than Tuesday of the fourth week preceding that of the poll.

The returning officer may, on reasonable grounds, refuse a recommendation. In such a case, he shall request a new recommendation.

Where no recommendation has been received, or where the person recommended is not qualified to hold the office, the returning officer shall make the appointment without any other formality.

1989, c. 1, s. 186; 1995, c. 23, s. 18.

187. The chief electoral officer shall choose and appoint, after consulting with the parties represented in the National Assembly, the revisor who shall act as chairman of the board of revisors.

1989, c. 1, s. 187; 1995, c. 23, s. 18; 1998, c. 52, s. 46.

188. The revisor recommended by the authorized party that ranked first in the last election or by the independent Member elected as such shall act as vice-chairman of the board of revisors.

1989, c. 1, s. 188; 1995, c. 23, s. 18; 1998, c. 52, s. 47.

189. The returning officer shall post, in his office, the list of revisors appointed to each board of revisors and transmit it to the chief electoral officer, the authorized parties represented in the National Assembly, any other party having so requested, any independent Member and each candidate.

1989, c. 1, s. 189; 1992, c. 38, s. 30; 1995, c. 23, s. 18.

190. The returning officer shall appoint a secretary to each board of revisors.

The returning officer shall appoint a sufficient number of teams composed of two revising officers and assign them to one or more boards of revisors.

At the request of the board of revisors, the returning officer shall appoint such additional personnel as is necessary.

Sections 184 to 186 apply to the appointment of revising officers.

1989, c. 1, s. 190; 1995, c. 23, s. 18.

191. The secretary of the board of revisors shall have, in particular, the duty of drawing up notices of hearings and summonses of witnesses, assisting the board in the performance of its work and recording all decisions of the board.

1989, c. 1, s. 191; 1992, c. 38, s. 31; 1992, c. 21, s. 160; 1995, c. 23, s. 18.

192. The revising officers shall have, in particular, the duty of serving notices of hearings and summonses on witnesses and, at the request of the board of revisors, gathering any information relevant for the making of a decision, or obtaining the date of birth of an elector which the enumerators were unable to obtain.

1989, c. 1, s. 192; 1995, c. 23, s. 18.

193. The revising officers shall work together; in no case may they act individually. In the event of disagreement, the matter shall be submitted to the board of revisors, which shall decide it immediately, and the revising officers are bound by the decision.

1989, c. 1, s. 193; 1995, c. 23, s. 18.

194. Not later than the day preceding the day on which the work of the board of revisors is to begin, the revisors shall be given, by the returning officer,

(1)  the directives of the chief electoral officer concerning the revision;

(2)  the list of electors for each polling subdivision assigned to them and the list of electors for the entire electoral division;

(3)  the requests for verification pursuant to the third paragraph of section 145.

Where the revision follows an enumeration, the revisors shall also be given, by the returning officer, the reports transmitted by the enumerators in accordance with section 40.29, the list referred to in section 40.30, the requests for verification transmitted to the returning officer by the chief electoral officer in accordance with section 40.36 and a copy of the enumeration slips on which the enumerators were unable to enter a date of birth.

1989, c. 1, s. 194; 1992, c. 38, s. 32; 1995, c. 23, s. 18; 1997, c. 8, s. 12.

195. The board of revisors shall sit from 10:00 a.m. to 9:00 p.m., from Monday of the third week to Thursday of the second week preceding that of the poll and receive applications of electors from 11:00 a.m. to 9:00 p.m. during that period.

However, applications must be filed not later than Tuesday of the second week preceding that of the poll.

The chairman may, after consulting with the returning officer, extend the hours of the board if the number of applications warrants it.

1989, c. 1, s. 195; 1995, c. 23, s. 18; 1998, c. 52, s. 48.

196. Two revisors constitute a quorum.

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

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

1989, c. 1, s. 196; 1995, c. 23, s. 18.

§ 2 . — Revision process

This subdivision will become subdivision 3 upon the coming into force of section 13 of chapter 17 of the Statutes of 2006 on the date set by order of the Government (2006, c. 17, s. 39).

1995, c. 23, s. 18.

197. Not later than the twenty-second day preceding polling day, the returning officer shall send to each dwelling a printed copy of the list of electors for that polling subdivision.

The entries relating to the date of birth and sex of electors shall be omitted from the list of electors distributed.

The list shall be distributed with information relating to the dates and procedure for revision, and give the address of the board of revisors to which the polling subdivision is assigned and the place, dates and times for advance polling.

1989, c. 1, s. 197; 1995, c. 23, s. 18.

198. The owner, administrator, superintendent or caretaker of a multiple-dwelling building shall allow and facilitate access to the building by the persons entrusted with distributing the list of electors.

The same rule applies to the executive director of an institution referred to in section 3 with regard to any facility maintained by the institution.

1989, c. 1, s. 198; 1995, c. 23, s. 18.

198.1. Not later than the twenty-second day preceding polling day, the Chief Electoral Officer shall send to each address a notice containing the information relating to the electors whose names are entered on the list of electors for that address or a notice indicating that no electors’ names are entered for that address.

1997, c. 8, s. 13.

198.2. The Chief Electoral Officer shall send to each elector from whom he received, after the issue of the order instituting an election, a request for a change to the permanent list of electors a notice informing the elector that he must apply in person to the board of revisors to which his polling division is assigned if he wishes the change requested to be made to the list of electors to be used for the forthcoming poll.

1997, c. 8, s. 13.

199. The Chief Electoral Officer shall publish, in a newspaper circulated in the electoral division, a notice informing electors of the revision process and giving the addresses and hours of the boards of revisors.

1989, c. 1, s. 199; 1995, c. 23, s. 18.

200. An elector who finds that his name is not entered on the list of electors for the polling subdivision in which he is domiciled on Tuesday of the second week preceding that of the poll may apply in person to the board of revisors to which his polling subdivision is assigned to have his name entered on the list.

The elector may request that the entry of his name be considered for the purposes of the forthcoming poll only.

1989, c. 1, s. 200; 1995, c. 23, s. 18; 1997, c. 8, s. 14.

201. An elector who is aware that his name is entered on the list of electors for a polling subdivision other than that in which he is domiciled on Tuesday of the second week preceding that of the poll must, if he wishes to vote, apply in person to the board of revisors to which is assigned the polling subdivision where he wishes to have his name entered on the list of electors. He must at the same time apply to have his name struck off the list of electors for that other polling subdivision.

1989, c. 1, s. 201; 1995, c. 23, s. 18.

202. An elector who wishes to avail himself of the provisions of section 3 may apply in person to the board of revisors to which is assigned the polling subdivision where he wishes to have his name entered on the list of electors. If he is aware that his name is entered on the list of electors for a different polling subdivision, he must at the same time apply to have his name struck off the list of electors for that polling subdivision.

1989, c. 1, s. 202; 1995, c. 23, s. 18.

203. An elector who finds an error in his respect on the list of electors must apply in person to the board of revisors to which his polling subdivision is assigned to have the list corrected.

1989, c. 1, s. 203; 1992, c. 38, s. 33; 1995, c. 23, s. 18.

204. An elector who finds that his name is entered on the list of electors for a polling subdivision though he is not entitled thereto, must apply in person to the board of revisors to which his polling subdivision is assigned to have his name struck off the list.

An elector who does not wish his name to be on the list of electors shall apply to the board of revisors to have his name struck off the list. He shall indicate whether he wishes that his name be struck off the permanent list of electors.

1989, c. 1, s. 204; 1995, c. 23, s. 18.

205. An elector who is the spouse or de facto spouse of, or a relative of, or a person cohabiting with an elector may present any application concerning the elector on the latter’s behalf. The application shall be presented to the board of revisors to which is assigned the polling subdivision of the elector on whose behalf the application is made.

In this section, “relative” means the elector’s father, mother, grandfather, grandmother, stepfather, stepmother, father-in-law, mother-in-law, brother, sister, brother-in-law, sister-in-law, son, daughter, stepson, stepdaughter, son-in-law, daughter-in-law, grandson or granddaughter.

1989, c. 1, s. 205; 1995, c. 23, s. 18.

206. An elector domiciled or living in a facility referred to in section 3 who wishes to avail himself of the provisions of that section may apply in writing to the returning officer to have his name entered on or struck off the list of electors or for a correction thereto.

The returning officer shall transmit the applications received to the board of revisors to which is assigned the polling subdivision in which the facility is situated.

1989, c. 1, s. 206; 1995, c. 23, s. 18.

207. An elector who finds that the name of a person is entered on the list of electors of his electoral division though the person is not entitled thereto, may apply in person to the board of revisors of the polling subdivision to have the name of that person struck off the list.

The elector shall declare under oath that, to his knowledge, the person whose name he is applying to have struck off the list is not entitled to have his name entered on the list of electors for that polling subdivision.

1989, c. 1, s. 207; 1995, c. 23, s. 18.

208. Every application presented to a board of revisors must be made under oath.

The board of revisors may require from an applicant any evidence necessary for the making of its decision.

Applications to have a name entered on the list and applications made under section 206 must be accompanied with two documents of the type determined by the Chief Electoral Officer in support of the information contained in the application.

1989, c. 1, s. 208; 1995, c. 23, s. 18.

209. The board of revisors shall examine forthwith the applications made to it and, in all the cases in which it is able to make an immediate decision, it shall communicate that decision to the elector. Whenever the board of revisors makes a decision in the absence of the elector concerned or of the person having made the application, it shall immediately notify the elector concerned in writing of the decision.

The board of revisors shall also examine the requests for verification pursuant to the third paragraph of section 145 that have been transmitted to it by the returning officer pursuant to section 194.

1989, c. 1, s. 209; 1992, c. 38, s. 34; 1995, c. 23, s. 18; 1997, c. 8, s. 15; 1998, c. 52, s. 49.

210. Where the revision follows an enumeration, the board of revisors shall, in addition, examine the reports and requests for verification transmitted to it in accordance with the second paragraph of section 194. It shall also examine the enumeration slips on which the enumerators were unable to enter a date of birth and shall attempt, to the extent possible, to obtain that information.

1989, c. 1, s. 210; 1995, c. 23, s. 23.

211. In examining the cases submitted to it, the board of revisors, or any revisor duly authorized by the board, is entitled to make inquiries and summon witnesses.

The summons of a witness shall be served by the revising officers on the person concerned or, if it cannot be served on him, shall be left at his address.

A certificate of the service shall be drawn up by the revising officers in the prescribed form and returned to the board of revisors.

1989, c. 1, s. 211; 1995, c. 23, s. 18.

212. Before striking off or refusing to enter a person’s name, the board of revisors must convene the person by way of a written notice stating the grounds for the decision it intends to make, except where the person is present or where the board is satisfied, on the basis of the evidence presented to it, that the person the striking off of whose name is applied for is under curatorship or is dead.

The notice must be of at least one clear day and shall be served by the revising officers on the person concerned or, if it cannot be served on him, shall be left at the address entered on the list of electors or at any other place where the board of revisors or the revising officers have reason to believe the person may be found.

A certificate of the service shall be drawn up by the revising officers in the prescribed form and returned to the board of revisors.

1989, c. 1, s. 212; 1995, c. 23, s. 18.

212.1. Notwithstanding section 212, the board of revisors is not required to convene a person by way of a written notice before striking off or refusing to enter the person’s name where the person was met by the revising officers and confirmed not being a qualified elector.

1998, c. 52, s. 50.

213. The person concerned by an application, and the witnesses summoned by the board of revisors, have the right to be assisted by an advocate.

1989, c. 1, s. 213; 1995, c. 23, s. 18.

214. Before entering the name of an elector on the list of electors, the board of revisors must ascertain that the elector’s name is not already entered thereon.

If the name is already entered, the board of revisors shall first strike it off, in which case it is not necessary to send the notice provided for in section 212.

In the case of an application made under section 3, the board of revisors shall indicate that a name is entered and, where applicable, struck off only for the current election.

1989, c. 1, s. 214; 1995, c. 23, s. 18.

215. If, on examining an application to have a name struck off the list, the board of revisors concludes that the person concerned is entitled to have his name entered on the list of electors of another polling subdivision, the board of revisors shall enter the person’s name thereon after striking it off the list on which it was originally entered.

1989, c. 1, s. 215; 1995, c. 23, s. 18.

216. Where the board of revisors must decide whether a person is a Canadian citizen, the burden of proof shall be upon that person.

1989, c. 1, s. 216; 1995, c. 23, s. 18.

216.1. The board of revisors, on its own initiative or on an application, may review or revoke a decision to strike off or refuse to enter a person’s name

(1)  where a new fact is discovered which, had it been known in time, could have warranted a different decision;

(2)  where the person concerned, owing to reasons considered sufficient, could not present observations.

Upon the completion of the work of the board of revisors, its powers under this section may be exercised by the special board of revisors.

1998, c. 52, s. 51.

217. The board of revisors shall transmit its decisions to the returning officer in accordance with the directives of the Chief Electoral Officer.

The provisions of sections 40.34 to 40.36, adapted as required, shall then be applied.

1989, c. 1, s. 217; 1995, c. 23, s. 18.

218. Not later than Saturday of the second week preceding that of the poll, the returning officer shall transmit the revised list of electors to each candidate.

The list must allow the changes made during revision to be identified, an identify the electors who have become entitled to vote outside Québec since the issue of the order.

The revised list of electors shall be transmitted in computerized form and in two copies.

1989, c. 1, s. 218; 1995, c. 23, s. 18; 1997, c. 8, s. 16.

219. (Replaced).

1989, c. 1, s. 219; 1995, c. 23, s. 18.

§ 3 . —

Replaced, 1995, c. 23, s. 18.

1995, c. 23, s. 18.

220. (Replaced).

1989, c. 1, s. 220; 1995, c. 23, s. 18.

221. (Replaced).

1989, c. 1, s. 221; 1995, c. 23, s. 18.

222. (Replaced).

1989, c. 1, s. 222; 1995, c. 23, s. 18.

223. (Replaced).

1989, c. 1, s. 223; 1995, c. 23, s. 18.

224. (Replaced).

1989, c. 1, s. 224; 1995, c. 23, s. 18.

225. (Replaced).

1989, c. 1, s. 225; 1995, c. 23, s. 18.

226. (Replaced).

1989, c. 1, s. 226; 1995, c. 23, s. 18.

DIVISION V SPECIAL REVISION

227. The returning officer shall establish a special board of revisors at his office. He may, by reason of the distance or area involved, establish another such board after consulting the chief electoral officer.

1989, c. 1, s. 227; 1992, c. 38, s. 35; 1995, c. 23, s. 19.

228. The returning officer may, if needed, appoint a team of two revising officers to the special board of revisors.

1989, c. 1, s. 228; 1992, c. 38, s. 36; 1995, c. 23, s. 19.

229. The special board of revisors shall sit from 10:00 a.m. to 9:00 p.m. from Wednesday of the second week to Thursday of the week preceding that of the poll.

However, applications must be filed not later than Wednesday of the week preceding that of the poll.

1989, c. 1, s. 229; 1995, c. 23, s. 19.

230. Only the elector concerned may file an application with the special board of revisors. The board may, however, receive an application to have the name of a deceased elector struck off the list.

1989, c. 1, s. 230; 1992, c. 38, s. 37; 1995, c. 23, s. 19; 1998, c. 52, s. 52.

231. Subject to section 216.1, an elector whose name has been refused for entry on the list or has been struck off during revision may not apply to have his name entered during the special revision.

1989, c. 1, s. 231; 1995, c. 23, s. 19; 1998, c. 52, s. 53.

231.1. An elector whose name is entered on the list during the special revision may not exercise his right to vote in the advance poll.

1995, c. 23, s. 19.

231.2. Upon completing its work, the special board of revisors shall transmit to the returning officer an abstract of the changes it has made to the revised list of electors.

The abstract shall subsequently be transmitted to each candidate.

1995, c. 23, s. 19.

231.3. The provisions of Division IV, adapted as required, apply.

1995, c. 23, s. 19.

DIVISION V.1 REVISION OF THE LIST OF ELECTORS ENTITLED TO VOTE OUTSIDE QUÉBEC

1998, c. 52, s. 54.

231.4. The chief electoral officer shall establish in the chief electoral officer’s office a board of revisors to receive applications for revision relating to electors who are entitled to vote outside Québec.

1998, c. 52, s. 54.

231.5. Sections 183, 184, 186 to 188, 190, 191 and 196 apply to the establishment and operation of the board of revisors, with the necessary modifications.

However, no team of revising officers shall be assigned to the board of revisors.

1998, c. 52, s. 54.

231.6. The board of revisors shall sit from Monday of the third week preceding that of the poll to Thursday of the week preceding that of the poll, on the days and during the hours determined by the chief electoral officer.

However, applications by an elector for the striking of a name off the list must be filed not later than Tuesday of the second week preceding that of the poll.

1998, c. 52, s. 54.

231.7. An elector who finds that the name of a person is entered on the list of electors, for his electoral division, who are entitled to vote outside Québec though the person is not entitled thereto, may apply in person to the board of revisors of the polling subdivision of the person’s domicile to have the person’s name struck off the list.

The elector shall declare under oath that, to his knowledge, the person is not entitled to be entered on the list of electors who are entitled to vote outside Québec, on the grounds put forward to the board.

1998, c. 52, s. 54.

231.8. The board of revisors seized of the application shall transmit the application to the board of revisors established in the office of the chief electoral officer which shall make any relevant inquiries, employing, if necessary, the services of revising officers assigned to the boards of revisors established in the different electoral divisions.

1998, c. 52, s. 54.

231.9. The board of revisors shall, before striking a person’s name off the list, seek by all means possible to communicate with the person so that the person may present observations.

1998, c. 52, s. 54.

231.10. If, on considering an application for the striking of a person’s name, the board of revisors concludes that the person is entitled to be entered on the list of electors for the polling subdivision in which the person’s domicile is situated, the board of revisors shall see that the person’s name is entered on that list after having struck the name off the list of electors who are entitled to vote outside Québec.

1998, c. 52, s. 54.

231.11. Where the board of revisors concludes that a person’s name must be struck off, it shall notify the person in writing of the decision.

The board of revisors shall also transmit the decision to the personnel assigned to the handling of ballot papers for electors entitled to vote outside Québec.

1998, c. 52, s. 54.

231.12. Where the chief electoral officer finds that an elector has become entitled to vote outside Québec since the issue of the order instituting the election and that the elector’s name is entered on the list of electors for the polling subdivision in which the elector’s domicile is situated, the chief electoral officer shall direct the returning officer concerned to strike the elector’s name off that list.

1998, c. 52, s. 54.

231.13. An elector entitled to vote outside Québec who wishes to vote in the polling subdivision in which the elector’s domicile is situated on the Tuesday of the second week preceding that of the poll shall apply in person to the board of revisors assigned to the polling subdivision for entry on the list.

The elector’s application must be accompanied with an application for the striking of the elector’s name off the list of electors entitled to vote outside Québec.

The board of revisors shall transmit the decision to strike the elector’s name to the chief electoral officer who shall forward the decision to the personnel assigned to the handling of ballot papers outside Québec.

1998, c. 52, s. 54.

231.14. Upon completing its work, the board of revisors established in the office of the chief electoral officer shall transmit to the returning officer of each electoral division concerned an abstract of the changes it has made to the list of the electors, for the electoral division, who are entitled to vote outside Québec.

The abstract shall be forwarded by the returning officer to each candidate.

1998, c. 52, s. 54.

DIVISION VI MISCELLANEOUS PROVISIONS

232. (Repealed).

1989, c. 1, s. 232; 1992, c. 38, s. 38.

233. For the purposes of updating the permanent list of electors, each returning officer shall transmit, to the chief electoral officer, the revised list of electors and the abstracts of changes, which must specify, where applicable, that the elector has availed himself of section 3 or that the striking of the elector’s name off the list is effective for the current election only.

1989, c. 1, s. 233; 1995, c. 23, s. 20.

CHAPTER IV CANDIDATES

234. Any elector may be elected to the National Assembly.

1989, c. 1, s. 234.

235. Notwithstanding the preceding section, the following persons are not qualified to be elected:

(1)  judges of the courts of justice;

(2)  the Chief Electoral Officer, commissioners of the Commission de la représentation and returning officers;

(3)  the official agent of a candidate or of a political party;

(4)  Members of the Parliament of Canada;

(5)  a person convicted of an indictable offence punishable by two years of imprisonment or more, for the term of the sentence pronounced.

The following persons, also, are not qualified to be elected for the period fixed in this Act:

(1)  a candidate at a previous election whose official agent has not produced a return of election expenses or the statement provided for in section 432;

(2)  an independent candidate contemplated in section 125;

(3)  a person contemplated in sections 127 and 442;

(4)  a person convicted of a corrupt electoral or referendum practice.

1989, c. 1, s. 235; 1990, c. 4, s. 964; 1997, c. 8, s. 17.

236. No person may be a candidate for election in more than one electoral division at the same time.

1989, c. 1, s. 236.

DIVISION I NOMINATION PAPERS

237. A person wishing to be a candidate shall, not later than 2:00 p.m. on the sixteenth day preceding polling day, file a nomination paper at the main office of the returning officer.

1989, c. 1, s. 237.

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

1989, c. 1, s. 238.

239. A nomination paper shall be in the form prescribed by regulation and signed by the person wishing to be a candidate. The person shall indicate his surname and given name, the address of his domicile, his date of birth, his occupation and his affiliation with an authorized party or, if he so wishes, the mention “independent”. In addition, the nomination paper shall bear the name and signature of his official agent and, if he decides to appoint one, the name and signature of his mandatary.

1989, c. 1, s. 239.

240. Every candidate may offer himself as a candidate under his ordinary surname and given name provided that it is the name by which he is commonly known in political, professional or social life and that he is acting in good faith.

1989, c. 1, s. 240.

241. A person offering himself as a candidate shall attach to his nomination paper

(1)  his act of birth or any other identification paper prescribed by regulation;

(2)  a letter from the leader of an authorized party recognizing him as a candidate of that party;

(3)  a photograph in accordance with the standards prescribed by regulation and bearing on the back the signatures of two electors of the electoral division who know him.

The two electors who sign the photograph thereby attest that the photograph is that of the person offering himself as a candidate and that the given name, surname and address appearing on the nomination paper are those of that person.

Subparagraph 2 of the first paragraph does not apply to a person offering himself as a candidate who is the leader of an authorized party.

1989, c. 1, s. 241; 1995, c. 23, s. 21.

242. A nomination paper shall bear the signatures and addresses of at least 100 electors whose names are entered on the list of electors for the electoral division for which the nomination paper is filed.

Only the person offering himself as a candidate or his mandatary is authorized to collect the signatures.

1989, c. 1, s. 242; 1998, c. 52, s. 55.

243. A person collecting supporting signatures shall declare under oath, before the returning officer, that he knows the persons whose names appear on the nomination paper, that they have affixed their signatures in his presence and that, to his knowledge, they are electors of that electoral division.

1989, c. 1, s. 243.

244. The penalties applicable to a person supporting a nomination who is not an elector or who is not domiciled in the electoral division or who signs for another person must be set forth on the form itself.

1989, c. 1, s. 244.

245. Upon the filing of a nomination paper, the returning officer shall verify whether it appears to meet the requirements of this division and whether all the required documents are attached to it. The returning officer shall verify whether the electors supporting the nomination are entered on the list of electors for the electoral division.

Following such verifications, the returning officer shall issue a notice of conformity and a receipt, which constitutes proof of the nomination.

1989, c. 1, s. 245; 1998, c. 52, s. 56.

245.1. A new nomination paper must be filed where the candidate of an authorized party ceases to be recognized as the candidate of that party, where a candidate wishes to change his affiliation with an authorized party or where an independent candidate wishes to become the recognized candidate of an authorized party.

1995, c. 23, s. 22.

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

Notwithstanding the second paragraph of section 10 of the said Act, only a candidate may obtain a copy of a nomination paper.

1989, c. 1, s. 246.

247. If the returning officer has received only one nomination paper at the end of the period for filing nomination papers, he shall declare the candidate elected and immediately inform the Chief Electoral Officer.

1989, c. 1, s. 247.

DIVISION II LEAVE OF CANDIDATES AND OFFICIAL AGENTS

248. Every employer shall, upon written request, grant a leave without pay to an employee who is a candidate or intends to become one. The request may be made at any time from the date of the order instituting the election.

The employee’s leave begins on the day requested by the employee and ends on the thirtieth day following the expiry of the period for filing nomination papers if he is not a candidate, or if he is, on the thirtieth day following the declaration of election.

The employee may terminate his leave at any time.

1989, c. 1, s. 248.

249. Every employer shall, upon written request, grant a leave without pay to an employee who acts as the official agent of a candidate. The request may be made at any time from the receipt by the returning officer of the nomination paper of the candidate for whom the employee acts as official agent.

The employee’s leave begins on the day requested by the employee and ends on the one hundred and twentieth day following polling day.

The employee may terminate his leave at any time.

1989, c. 1, s. 249.

250. A leave may be full time or part time, according to the employee’s request. Where an employee requests part-time leave, he shall specify the days and hours of his leave.

1989, c. 1, s. 250.

251. Notwithstanding any agreement or Act inconsistent herewith, an employee is entitled, throughout his leave as a candidate or official agent, to all the benefits attached to his employment, except his remuneration.

1989, c. 1, s. 251.

252. An employee who makes a written request to that effect at the beginning of his leave may, while on leave, continue to contribute to all the plans in which he participates, provided he pays the totality of the premiums, including the employer’s contribution.

1989, c. 1, s. 252.

253. At the expiry of the leave, the employer shall reinstate the employee, with the conditions of employment prevailing before the beginning of the leave or conditions more favourable to the employee, as provided in the collective agreement or, failing that, the agreement between the employer and the employee, taking into account the benefits to which he continued to be entitled during his leave.

1989, c. 1, s. 253.

254. No employer may, by reason of a leave, dismiss, lay off, suspend, demote or transfer an employee or give him less favourable conditions of employment than he is entitled to or diminish any benefit attached to his employment and to which he is entitled.

Nor shall he subtract the duration of the leave from the period of vacation of the employee.

1989, c. 1, s. 254.

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

An employee governed by a collective agreement or the association certified to represent him may elect to invoke the grievance settlement and arbitration procedure instead of filing a complaint with the labour commissioner general. Sections 17, 100 to 100.10 and 139 to 140.1 of the Labour Code then apply, adapted as required.

Where a complaint is filed with the labour commissioner general and at the same time the grievance settlement and arbitration procedure is invoked, the arbitrator must refuse to hear the grievance.

1989, c. 1, s. 255.

DIVISION III WITHDRAWAL OR DEATH OF A CANDIDATE

256. A candidate may withdraw if he files a declaration to that effect with the returning officer, signed by himself and by two electors of the electoral division in which he is a candidate.

1989, c. 1, s. 256.

257. The name of the candidate shall not appear on the ballot paper if the declaration of withdrawal is filed with the returning officer within three days after the expiry of the period for filing nomination papers.

Notwithstanding the foregoing, if the declaration is filed more than three days after the expiry of that period and it is impossible to print new ballot papers, the deputy returning officer shall strike the name of the candidate from every ballot paper.

1989, c. 1, s. 257.

258. If the candidate withdraws after the publication of the notice of a poll and there remains but one candidate, the returning officer shall declare the latter candidate elected and immediately inform the Chief Electoral Officer.

1989, c. 1, s. 258.

259. Where a candidate dies between the twenty-first day preceding polling day and that of the close of the poll, polling day shall be postponed.

Nomination papers shall then be filed no later than the second Monday following the day of the death of the candidate, and the poll shall take place on the second subsequent Monday.

The returning officer shall, after informing the chief electoral officer, immediately publish, in the manner prescribed by regulation, a notice informing the electors of the new period for filing nomination papers and of the new polling date.

1989, c. 1, s. 259.

CHAPTER IV.1 ELECTION POSTERS AND BILLBOARDS

1998, c. 52, s. 57.

259.1. Notwithstanding any inconsistent legislative or regulatory provision, election posters and billboards shall not be subject, during an election period, to any restriction or condition except as provided by this Act.

1998, c. 52, s. 57.

259.2. Election posters and billboards may be placed on any property, other than buildings, of the Government, public bodies, state enterprises, municipalities and school boards.

Election posters may also be placed on public utility poles.

1998, c. 52, s. 57.

259.3. Election posters and billboards must be placed so as not to hinder vehicular or pedestrian traffic, interfere visually with road signs or compromise road safety or public security.

1998, c. 52, s. 57.

259.4. No election poster or billboard may be placed on a classified historic monument or in a classified historic site within the meaning of the Cultural Property Act (chapter B-4) or in a site declared a national historical site under that Act.

1998, c. 52, s. 57.

259.5. No election poster or billboard may be placed on a monument, a sculpture, a tree, a fire hydrant, a bridge, a viaduct or an electrical tower.

No election poster or billboard may be placed on a bus shelter or on a public bench, unless space is provided for that purpose, in which case the applicable rules must be complied with.

1998, c. 52, s. 57.

259.6. Posters and billboards and their supports must be made of good quality materials and must be safe and be kept in good repair.

Posters and billboards must be affixed in such a manner that they can be easily removed.

1998, c. 52, s. 57.

259.7. Election posters placed on public utility poles must meet the following conditions:

(1)  the highest part of the poster must not be more than five metres above ground;

(2)  the poster must not have any metal or wood frame;

(3)  the poster must not be affixed with nails or metal fasteners;

(4)  the poster must not obstruct any identification plate on the pole.

Moreover, no banner, streamer or flag may be affixed to a public utility pole.

Workers who maintain public utility poles may, if they consider it necessary for the purposes of the work to be done and, except in an emergency, after advising the candidate or, where applicable, the authorized party, remove any election poster from a pole.

1998, c. 52, s. 57; 1999, c. 15, s. 8.

259.8. All election posters and billboards must be removed not later than 15 days after polling day, failing which they may be removed by the local municipality or by the owner of the property or poles, at the expense of the party or candidate concerned or, where applicable, of the private intervenor within the meaning of Division V of Chapter VI, following the expiry of a five-day notice to that effect transmitted to the party, candidate or private intervenor.

The notice shall indicate the places where posters or billboards are to be removed. If posters or billboards had to be removed by the municipality or by the owner at the expense of the party, candidate or private intervenor, the bill shall indicate the place and date of removal.

1998, c. 52, s. 57.

259.9. The party, candidate or private intervenor shall ensure that the provisions of this chapter are complied with.

1998, c. 52, s. 57.

CHAPTER V POLL

DIVISION I NOTICE OF A POLL

260. At the end of the period for filing nomination papers, the returning officer, if he has received more than one nomination paper, shall publish a notice of a poll.

The notice of a poll shall set forth the surname and given name of each candidate, his political affiliation, if any, his address and the surname and given name of his official agent and of his mandatary, if any.

1989, c. 1, s. 260.

261. The notice of a poll shall be posted up in the office of the returning officer and a copy shall be transmitted to each candidate or his mandatary.

1989, c. 1, s. 261.

DIVISION II ADVANCE POLLING

§ 1 . — General provisions

262. The returning officer shall, no later than the twenty-eighth day preceding polling day, establish in his electoral division as many advance polling stations as he considers necessary and determine which polling subdivisions are attached to each. He shall immediately inform each candidate and each authorized party authority at the level of the electoral division.

The polling stations must be accessible to handicapped persons.

1989, c. 1, s. 262; 1992, c. 38, s. 39.

Not in force

263

Not in force

. Electors may vote at the returning officer’s main office or at one of the returning officer’s branch offices in the electoral division of their domicile, on the tenth, ninth, sixth, fifth and fourth days before polling day. On the last day, voting ends at 2:00 p.m.

Not in force

Not in force

1989, c. 1, s. 263; 1999, c. 15, s. 9; 2001, c. 2, s. 22; 2006, c. 17, s. 15; 2008, c. 22, s. 38.

Section 263 of this Act comes into force on 15 February 2007 only for the purposes of the implementation of section 301.21 of this Act; Order in Council 157-2007 dated 14 February 2007, (2007) 139 G.O. 2, 1046.

264. Every advance polling station shall be open from 2:00 p.m. to 9:00 p.m. on Sunday and Monday of the week preceding polling day.

1989, c. 1, s. 264; 1992, c. 38, s. 40.

265. Election officers, handicapped persons, inmates and persons who have reason to believe that it will be difficult for them to vote in their polling subdivision on polling day may vote in the advance poll.

1989, c. 1, s. 265; 1992, c. 38, s. 41.

266. The poll clerk shall enter in the poll book the surname, given name and address of every elector requesting to vote in the advance poll.

1989, c. 1, s. 266.

267. Every elector, except an inmate, requesting to vote in the advance poll shall, before being admitted to vote, declare under oath that he meets the conditions prescribed for voting in the advance poll.

1989, c. 1, s. 267; 1992, c. 38, s. 42.

268. On the first day, after the close of the advance polling station, the poll clerk shall enter in the poll book the particulars provided for in section 361.

The deputy returning officer shall place in separate envelopes the ballot papers that are in the ballot box, the spoiled or cancelled ballot papers, the unused ballot papers, the forms, and the list of electors; he shall then seal the envelopes. Those envelopes, except the envelope containing the list of electors, and the poll book shall be placed in the ballot box sealed by the deputy returning officer with a safety seal bearing a number.

The deputy returning officer, the poll clerk and the representatives who wish to do so shall affix their initials to the seals of the envelopes and of the ballot box.

The deputy returning officer shall then give the ballot box, the envelope containing the list of electors and a list of the electors who have voted to the returning officer or the person designated by him.

1989, c. 1, s. 268.

Not in force

269. Electors temporarily residing in an electoral division other than the electoral division of their domicile may vote at the returning officer’s main office or at one of the returning officer’s branch offices in the electoral division of their temporary place of residence.

The electors described in the first paragraph must, at the time of voting, provide a sworn written statement attesting that, to their knowledge, they will not be able to exercise their right to vote in the electoral division of their domicile on the scheduled voting days.

1989, c. 1, s. 269; 2006, c. 17, s. 15; 2008, c. 22, s. 39; 2011, c. 5, s. 35.

Not in force

270. Unless otherwise provided, sections 307, 312.1, 325 to 327, 329 to 332, 334 and 335.1 to 340 apply, with the necessary modifications, to voting by electors outside their electoral division.

1989, c. 1, s. 270; 2006, c. 17, s. 15; 2011, c. 5, s. 35.

Not in force

271. To register to vote outside his or her electoral division, an elector must fill out and sign the request form and provide the supporting documents prescribed by regulation of the Chief Electoral Officer.

The request must be submitted with a declaration that the elector has reason to believe that he or she will be temporarily residing in an electoral division other than the electoral division of his or her domicile from the 10th day before polling day until polling day.

1989, c. 1, s. 271; 2001, c. 72, s. 25; 2006, c. 17, s. 15; 2008, c. 22, s. 40.

272. From 8:00 p.m. on polling day, the deputy returning officer shall proceed with the counting of the votes assisted by the poll clerk, and in the presence of those representatives who wish to attend, at the place determined by the returning officer. Before proceeding with the counting of the votes, the deputy returning officer and the poll clerk shall make the oath provided for in Schedule II. The counting shall be effected in accordance with sections 362 to 369, adapted as required.

The deputy returning officer and poll clerk may be persons other than those appointed to act in the advance polling station; in that case, sections 312 and 313 do not apply.

1989, c. 1, s. 272.

§ 2 . — Special provisions governing the voting of inmates

Not in force

273. If the elector’s request is accepted, it is entered in a registry of electors registered to vote outside their electoral division, and this is recorded opposite the elector’s name on the list of electors for the electoral division of his or her domicile.

1989, c. 1, s. 273; 2006, c. 17, s. 15.

274. The director of a house of detention shall draw up the list of the inmates of that establishment who are electors. The list shall indicate the surname, given name, address of the domicile, sex and date of birth of each elector.

The director shall then ask every inmate if he wishes to be registered on the list of electors and verify with him the accuracy of the particulars concerning him.

The director shall transmit the list of electors to the chief electoral officer not later than the sixteenth day preceding polling day.

1989, c. 1, s. 274; 1995, c. 23, s. 23.

275. The returning officer of the electoral division in which the house of detention is situated shall establish in it, in cooperation with the warden of the house of detention, as many advance polling stations as he considers necessary, and determine the stations that may be moved within the house of detention.

1989, c. 1, s. 275; 1992, c. 38, s. 43.

276. Each authorized party may, in accordance with sections 316 and 317, designate a representative.

1989, c. 1, s. 276.

277. The chief electoral officer shall cause the ballot papers for the electoral divisions where the inmates are domiciled to be printed, according to the model provided in Schedule III.

The chief electoral officer shall transmit to the returning officer referred to in section 275 the 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.

1989, c. 1, s. 277; 1992, c. 38, s. 44.

Not in force

278. Once an elector has voted, the fact is recorded in the registry of electors registered to vote outside their electoral division.

1989, c. 1, s. 278; 1992, c. 38, s. 45; 2006, c. 17, s. 15.

279. The advance polling station shall be open from 10:00 a.m. to 8:00 p.m. on Monday of the week preceding polling day.

The returning officer and the warden of a house of detention may change the polling hours of the polling station.

1989, c. 1, s. 279; 1992, c. 38, s. 46.

280. At the close of the advance polling station, the procedure set out in section 269 shall be followed, with the necessary adaptations, and the deputy returning officer shall give the sealed ballot box containing the ballot papers, the list of electors, the poll book and the materials required for the poll to the returning officer.

The returning officer shall, as soon as is practicable, deliver the ballot box to the chief electoral officer or to the person designated by the latter.

1989, c. 1, s. 280; 1992, c. 38, s. 47.

281. The chief electoral officer shall establish as many stations as he considers necessary to proceed with the counting of the votes. He shall appoint, for each station, a deputy returning officer and a poll clerk.

The chief electoral officer shall appoint as deputy returning officer the person recommended by the party that received the greatest number of votes at the last general election.

He shall appoint as poll clerk the person recommended by the party that received the second highest number of votes at the last general election.

1989, c. 1, s. 281.

282. On polling day, the deputy returning officer, assisted by the poll clerk, shall proceed, for each advance polling station, with the counting of the votes in the presence of a representative designated by each authorized party. The counting shall be effected at the time and place determined by the chief electoral officer in accordance with sections 362 to 366, adapted as required.

1989, c. 1, s. 282.

283. After counting the ballot papers for each electoral division, the deputy returning officer shall draw up a statement of votes for each advance polling station and an abstract of the statement of votes for each electoral division.

The deputy returning officer shall then place in separate envelopes, for each electoral division, the ballot papers given in favour of each candidate, the rejected ballot papers, the spoiled or cancelled ballot papers and the unused ballot papers. He shall seal the envelopes and place them in another sealed envelope bearing the name of the electoral division concerned.

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

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

1989, c. 1, s. 283.

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

The deputy returning officer shall then give the ballot box, the statement of votes and the abstracts of the statement to the chief electoral officer or the person designated by him.

1989, c. 1, s. 284.

285. The chief electoral officer shall immediately communicate the results of the vote to every returning officer concerned and send him the abstract of the statement of votes with which he is concerned.

1989, c. 1, s. 285.

286. To allow inmates to exercise their right to vote, the chief electoral officer may make any agreement he considers useful with the authorities responsible for houses of detention established under an Act of the Parliament of Canada or of Québec.

1989, c. 1, s. 286; 1992, c. 38, s. 48.

§ 3 . — Special provisions governing mobile polling stations

287. The returning officer shall determine which advance polling stations will serve as mobile polling stations.

When serving as a mobile polling station, the advance polling station shall consist only of the deputy returning officer and the poll clerk of the polling station.

1989, c. 1, s. 287; 1992, c. 38, s. 49.

288. A mobile polling station may receive the vote of electors from 9:00 a.m. to 1:00 p.m. on Sunday, Monday and, if necessary, on Tuesday of the week preceding polling day.

1989, c. 1, s. 288; 1992, c. 38, s. 50.

289. Every elector residing in a facility maintained by an institution referred to in section 3 may vote at a mobile polling station if

(1)  he applies therefor to the returning officer, not later than Thursday of the second week preceding the week of the poll;

(2)  his name is entered on the list of electors of the polling subdivision in which the centre is situated;

(3)  he is unable to move about.

1989, c. 1, s. 289; 1992, c. 38, s. 51; 1994, c. 23, s. 16.

290. The returning officer shall prepare a list of the electors who have filed an application under section 289 and he shall send a copy thereof to the candidates.

1989, c. 1, s. 290; 1992, c. 38, s. 52.

291. The deputy returning officer shall ensure that voting is secret.

1989, c. 1, s. 291.

292. The executive director of an institution referred to in section 3 shall ensure that the mobile polling station is made accessible to the electors.

1989, c. 1, s. 292; 1992, c. 21, s. 161.

§ 4 . — Special provisions governing the voting of electors outside Québec

293. An elector who has left Québec temporarily and who meets the conditions set out in this subdivision is entitled to exercise his right to vote outside Québec for two years after his departure.

However, the two-year time limit does not apply

(1)  to an elector who is posted outside Québec to a position with the government of Québec or of Canada;

(2)  to an elector who is posted outside Québec to a position with an international organization of which Québec or Canada is a member and to which it pays a contribution;

(3)  to the spouse, or de facto spouse, and the dependents of an elector referred to in subparagraph 1 or 2, provided they are themselves electors.

1989, c. 1, s. 293; 1995, c. 23, s. 24.

293.1. An elector who wishes to exercise his right to vote outside Québec must file a signed application containing the following information:

(1)  his name, sex and date of birth;

(2)  the address of his last domicile in Québec;

(3)  the date of his departure from Québec;

(4)  the projected date of his return to Québec;

(5)  his postal address outside Québec.

A statement by the elector that he intends to return to Québec and two documents of the type determined by the chief electoral officer must be joined to the application in support of the information communicated.

In the case of an elector referred to in the second paragraph of section 293, proof of the posting outside Québec must be joined to the application.

1995, c. 23, s. 24.

293.2. The chief electoral officer shall incorporate into the permanent list of electors the information necessary for the exercise of the right to vote outside Québec by every elector who qualifies therefor.

1995, c. 23, s. 24.

293.3. Every elector who returns to Québec is responsible for advising the chief electoral officer thereof.

1995, c. 23, s. 24.

293.4. The chief electoral officer shall strike from the permanent list of electors the information necessary for the exercise of the right to vote outside Québec where it concerns an elector who has returned to Québec or who has been outside Québec for more than two years, excepting, in the latter case, an elector referred to in the second paragraph of section 293.

1995, c. 23, s. 24.

293.5. The chief electoral officer shall send to every elector whose duly completed application for registration to vote outside Québec is received by the chief electoral officer before the eighteenth day preceding polling day the material necessary for the exercise of the right to vote and a list of the places where the elector may consult the list of candidates.

The ballot paper shall be in the form prescribed by Schedule IV and shall contain the name of the elector’s electoral division.

1995, c. 23, s. 24; 1998, c. 52, s. 58.

294. The chief electoral officer shall, no later than the fourteenth day preceding polling day, send to each elector the list of candidates in his electoral division and, to the places determined by order of the Government, the list of candidates in each electoral division.

1989, c. 1, s. 294.

295. An elector shall cast a vote by writing on the ballot paper the given name and surname of the candidate of his choice. He may also identify the political party.

1989, c. 1, s. 295.

296. The elector shall place the ballot paper in an unidentified envelope, seal the envelope and place it in another envelope, bearing his signature, on which he shall write his name and the address of his last domicile in Québec.

1989, c. 1, s. 296; 1995, c. 23, s. 25.

297. The elector shall transmit his ballot paper to the chief electoral officer.

1989, c. 1, s. 297.

298. Upon receiving the ballot paper, the chief electoral officer shall verify the signature on the envelope. If it is identical to the signature appearing on the application provided for in section 293.1, the chief electoral officer shall keep the envelope without opening it.

Where the signatures are not identical, the chief electoral officer shall reject the envelope without opening it.

In addition, the chief electoral officer shall verify whether the ballot paper is from an elector whose name has been struck off by the board of revisors. If such is the case, the chief electoral officer shall reject the envelope without opening it.

1989, c. 1, s. 298; 1995, c. 23, s. 26; 1998, c. 52, s. 59.

299. Only ballot papers received at the office of the chief electoral officer before the close of the polling stations on polling day may be counted.

1989, c. 1, s. 299.

300. Sections 281 to 285 apply to the counting of the votes cast by electors outside Québec.

1989, c. 1, s. 300.

301. No ballot paper may be rejected for the sole reason that the name of the candidate is misspelled.

1989, c. 1, s. 301.

DIVISION III POLLING DAY

§ 1 . — Preparation for the poll

Polling stations

302. The returning officer shall establish a polling station for each polling subdivision.

Notwithstanding the foregoing, the returning officer shall establish several polling stations for any polling subdivision with more than 350 electors.

Where a polling subdivision comprises 300 to 350 electors, the returning officer may, where he considers it expedient, establish more than one polling station.

Where a polling subdivision is an unorganized territory or contains fewer than 50 electors, the returning officer may establish a single polling station for that polling subdivision and the nearest polling subdivision.

He shall inform each candidate of the place where the polling station of each polling subdivision is situated not later than the twelfth day before polling day.

1989, c. 1, s. 302; 1992, c. 38, s. 53; 1998, c. 52, s. 60.

303. The polling stations of an electoral precinct shall be grouped and situated in a place of convenient access, and shall be accessible to handicapped persons.

However, where a special circumstance or where the area of the electoral precinct justifies it, the returning officer may establish the polling stations in more than one place.

Furthermore, where the returning officer is unable to establish a polling station in a place accessible to handicapped persons, he must obtain the authorization of the Chief Electoral Officer before establishing the polling station in a place that is not accessible to the handicapped. The Chief Electoral Officer shall note, in the return published under section 381, the cases where such authorization was granted.

1989, c. 1, s. 303; 1992, c. 38, s. 54; 1995, c. 23, s. 27; 1998, c. 52, s. 61.

304. Notwithstanding the grouping of polling stations prescribed in section 303, the returning officer shall, so far as possible, locate a polling station in every facility maintained by an institution referred to in section 3 that is situated in his electoral division.

1989, c. 1, s. 304; 1992, c. 21, s. 162.

305. Municipalities, school boards or institutions governed by the Act respecting health services and social services (chapter S-4.2) or by the Act respecting health services and social services for Cree Native persons (chapter S-5) shall allow the use of their premises free of charge for the establishment of polling stations.

1989, c. 1, s. 305; 1992, c. 21, s. 163, s. 375; 1994, c. 23, s. 23.

306. Polling day is a holiday for pupils in every school of a school board situated in an electoral division in which an election is held.

Every educational institution shall, on polling day, grant leave to those pupils and students who are electors.

1989, c. 1, s. 306.

307. The Chief Electoral Officer shall give such directives as he considers expedient to the returning officer on the manner of arranging and identifying a place where a polling station is established.

In particular, the returning officer shall ensure that places where polling stations are located are arranged in such a manner that electors appearing before the identity verification panel do not hinder or delay the polling proceedings.

1989, c. 1, s. 307; 1999, c. 15, s. 10.

Polling officers

308. Deputy returning officers, poll clerks, members of the identity verification panel and officers in charge of information and order are polling officers.

1989, c. 1, s. 308; 1992, c. 38, s. 55; 1995, c. 23, s. 28; 1999, c. 15, s. 11.

309. The returning officer shall appoint an officer in charge of information and order at every place where a polling station is located.

The officer in charge of information and order shall have the following duties in particular:

(1)  to receive the electors and direct them towards the polling station corresponding to their polling subdivision;

(2)  to ensure accessibility to the polling stations and facilitate circulation therein;

(3)  to ensure that only one person at a time is admitted to a polling station;

(4)  to ensure that only the electors present on the premises of a polling station at closing time are admitted to exercise their right to vote;

(5)  to ensure that only persons authorized to be present on the premises of a polling station are present;

(6)  to inform the returning officer of any situation requiring his intervention.

1989, c. 1, s. 309.

310. In every polling station, the returning officer shall appoint, as deputy returning officer, the person recommended by the candidate of the authorized party whose candidate came first at the last election or by the independent Member elected as such if he is again a candidate.

He shall appoint, as poll clerk, the person recommended by the candidate of the authorized party whose candidate came second at the last election.

1989, c. 1, s. 310.

311. In a new electoral division, in an electoral division whose boundaries have been changed since the last election or in an electoral division in which no candidate of an authorized party came second at the last election or where persons who would have been entitled to recommend the person to be appointed as deputy returning officer or poll clerk are not candidates, the chief electoral officer shall decide, in accordance with the criteria provided by regulation, which candidates are entitled to make the recommendations provided for in section 310.

1989, c. 1, s. 311.

312. The recommendations must be received by the returning officer not later than the fourteenth day before polling day.

The returning officer may, on reasonable grounds, refuse a recommendation. In such a case, he shall request a new recommendation.

Where no recommendation has been received, or where the person recommended is not qualified to hold the office, the returning officer shall make the appointment without any other formality.

1989, c. 1, s. 312; 1995, c. 23, s. 29.

312.1. The returning officer shall establish an identity verification panel for every place where a polling station is located. With the authorization of the chief electoral officer, more than one panel may be established.

An identity verification panel is composed of three members, including a chairman, appointed by the returning officer. Sections 310 to 312 apply with the necessary modifications to the appointment of the panel members other than the chairman.

The function of the panel members is to verify the identity of electors who have been unable to produce identification pursuant to the second paragraph of section 337. Decisions are made by a majority vote.

1999, c. 15, s. 12.

313. On the twelfth day before polling day, the returning officer shall post up in his office and transmit to each candidate the list of the identity verification panel members, deputy returning officers and poll clerks he has appointed.

He shall, without delay, inform the candidates of any changes to the list.

1989, c. 1, s. 313; 1999, c. 15, s. 13.

314. The deputy returning officer shall have the following duties in particular:

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

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

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

(4)  to proceed with the counting of the votes;

(5)  to transmit the results of the vote to the returning officer and give the ballot box to him.

1989, c. 1, s. 314.

315. The poll clerk shall have the following duties in particular:

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

(2)  to assist the deputy returning officer.

1989, c. 1, s. 315.

Representatives

316. A candidate may attend every operation related to the poll. He may also designate a person and give him a power of attorney to represent him before the deputy returning officer or the officer in charge of information and order, or before each of them.

1989, c. 1, s. 316.

317. The power of attorney shall be signed by the candidate or his mandatary and be presented to the deputy returning officer or to the officer in charge of information and order, as the case may be. It is valid for the duration of the polling and of the counting.

1989, c. 1, s. 317.

Poll runners

318. A candidate may also designate, on polling day, a person for each place where polling stations are established, and give him a power of attorney to collect a list of the persons who have already exercised their right to vote. That person may be the person he has designated as his representative before the officer in charge of information and order.

1989, c. 1, s. 318.

319. The power of attorney shall be signed by the candidate or his mandatary and be presented to the deputy returning officer or to the officer in charge of information and order, as the case may be. It is valid for the duration of the polling.

1989, c. 1, s. 319.

Ballot papers and ballot boxes

320. The returning officer shall cause ballot papers to be printed in accordance with the model provided in Schedule III and according to the directives of the Chief Electoral Officer.

The printer shall see that no ballot paper of the model ordered by the returning officer is furnished to any other person.

1989, c. 1, s. 320.

321. The paper necessary for the printing of the ballot papers shall be provided by the Chief Electoral Officer. It shall contain a thread which neither the Chief Electoral Officer nor the maker may reveal.

1989, c. 1, s. 321.

322. The printer and the paper maker shall comply with the standards prescribed by regulation.

1989, c. 1, s. 322.

323. The ballot papers shall have a counterfoil and a stub both bearing the same number on the reverse. The ballot papers shall be numbered consecutively.

In addition, the ballot papers shall contain, on the reverse, a space reserved for the initials of the deputy returning officer, the name and address of the printer and the designation of the electoral division.

1989, c. 1, s. 323.

324. The ballot papers must allow each candidate to be clearly identified.

The ballot papers shall contain, on the obverse, the given name and surname of each candidate in alphabetical order; the given names and surnames must be spelled as in the nomination paper. The denomination of the authorized party must appear under the name of the candidate of that party; the indication “independent” must be entered under the name of the independent candidate if he has indicated it in his nomination paper.

Where two or more candidates have the same surname and given name, the returning officer shall draw lots to determine the order in which the surname and given name of each those candidates are to appear on the ballot paper.

1989, c. 1, s. 324; 1999, c. 15, s. 14.

325. The Chief Electoral Officer shall cause ballot boxes to be made, in accordance with the standards fixed by him, in sufficient number for each electoral division.

The ballot boxes shall be made of durable material and be of uniform size and shape, and shall bear the official emblem of Québec.

1989, c. 1, s. 325.

326. Between the date of issue of the order instituting the election and that of publication of the notice contemplated in section 380, the returning officer shall have custody of the ballot boxes.

1989, c. 1, s. 326.

327. Within three days before the polling, the returning officer shall give to the deputy returning officer a ballot box, the directives concerning the work of the polling officers, the list of electors of the polling subdivision including entries relating to the electors who voted in the advance poll, a poll book, the materials required for the poll and the documents necessary for the counting of the votes.

He shall also give to him a sealed envelope, bearing his initials on the seal, containing a number of ballot papers at least equal to the number of electors entered on the list, without splitting a ballot paper booklet, plus 25.

1989, c. 1, s. 327; 1992, c. 38, s. 56; 1995, c. 23, s. 30.

§ 2 . — The vote

Preliminary formalities

328. The officer in charge of information and order, the deputy returning officer and the poll clerk shall be present at the polling station one hour before the opening of the poll.

The representatives of the candidates may be present from the same moment. They may attend any operation conducted there.

1989, c. 1, s. 328.

329. The deputy returning officer, in the presence of the poll clerk, shall open the ballot box and examine the documents found in it and the material required for the poll, complying with the directives issued by the Chief Electoral Officer.

1989, c. 1, s. 329.

330. (Repealed).

1989, c. 1, s. 330; 1992, c. 38, s. 57.

331. The place where the polling stations are located and the polling officers shall be identified in the manner prescribed by regulation.

1989, c. 1, s. 331.

332. At the hour fixed for opening of the poll, the deputy returning officer and the poll clerk shall ascertain that there are no ballot papers enclosed in the ballot box, after which the ballot box shall be sealed and placed on the table of the polling station in full view of the polling officers.

1989, c. 1, s. 332.

Polling hours

333. The polling shall take place from 9:30 a.m. until 8:30 p.m.

1989, c. 1, s. 333; 1999, c. 15, s. 15.

334. During the hours of polling, the Chief Electoral Officer and the returning officer must be easily accessible to the candidates and their mandataries.

1989, c. 1, s. 334.

335. Every employer shall ensure that every employee who is qualified to vote has at least four consecutive hours free to vote while the polling stations are open, not counting the time normally allowed for meals.

If an employee does not have such a period outside working hours, the employer shall grant the employee, at the time of day determined by the employer, the leave of absence required so that the employee may have four consecutive hours to vote.

No deduction of wages or penalty may be imposed on the employee by the employer by reason of the leave of absence.

Section 123 of the Act respecting labour standards (chapter N-1.1) applies to an employee who believes that he has been wronged as a result of a contravention of this section.

1989, c. 1, s. 335; 1995, c. 23, s. 31; 1999, c. 15, s. 16.

Verification of identity of electors

335.1. The officer in charge of information and order shall ensure that electors arriving at a place where a polling station is located are informed of the obligation to produce identification in accordance with section 337 and are directed to the identity verification panel if they indicate that they do not have any of the documents prescribed by section 337 in their possession.

1999, c. 15, s. 17.

335.2. An elector who has been directed to the identity verification panel must, if he wishes to be admitted to vote,

(1)  declare before the panel members that he is the elector whose name appears on the list of electors and is entitled to be entered on the list in respect of the address appearing opposite his name ;

(2)  sign the sworn statement provided for that purpose in the register kept by the panel members ;

(3)  meet either of the following conditions :

(a)  produce at least two documents providing evidence of his name, including one that bears his photograph, or failing that, at least two documents which together provide evidence of his name and date of birth and of the address appearing on the list opposite his name or his domiciliary address ; or

(b)  be accompagnied by a person who

i.  identifies himself in accordance with the first paragraph of section 337 ;

ii.  attests to the identity and address of the elector ;

iii.  declares that he has not accompanied any other elector other than his spouse or relative within the meaning of section 205 ;

iv.  produces a document referred to in the second paragraph of section 337 that bears his photograph ; and

v.  signs a sworn statement provided for that purpose in the register kept by the panel members, which statement shall indicate his name, date of birth and address.

However, a document not bearing a photograph may be produced by a person accompanying an elector if that person resides in a location listed in Schedule I to the Regulation respecting forms and statements of fees under the Health Insurance Act (R.R.Q., 1981, chapter A-29, r.2) or in a locality referred to in section 7.8 of the Regulation respecting licences, made by Order in Council 1421-91 (1991, G.O. 2, 4146), is accompanying an elector who is entitled to vote in such a location or locality and meets the requirements determined by regulation.

1999, c. 15, s. 17.

335.3. No person may write down or otherwise record information contained in a document produced pursuant to section 335.2.

This section shall not operate to prevent the members of the identity verification panel from recording, at the request of the Chief Electoral Officer, for statistical purposes and without identifying electors, the type of document produced pursuant to section 335.2.

1999, c. 15, s. 17.

335.4. Where an elector meets the conditions imposed by section 335.2, the chairman of the identity verification panel shall give the elector a certificate attesting that he has validly established his identity.

1999, c. 15, s. 17.

Exercise of the right to vote

336. Not more than one elector may, at any time, be admitted to the polling station.

1989, c. 1, s. 336.

337. Each elector shall declare, to the deputy returning officer and the poll clerk, his name and address and, when so required, his date of birth.

In addition, each elector shall produce as identification, notwithstanding any inconsistent provision, his health insurance card issued by the Régie de l’assurance maladie du Québec, driver’s licence or probationary licence issued in plastic form by the Société de l’assurance automobile du Québec, Canadian passport or any other document that has been issued by the Government or a government department or body or recognized by the Government and is determined by regulation of the Government after consultation with the advisory committee.

Where an elector who has not been directed to the identity verification panel cannot produce identification in accordance with the second paragraph, the deputy returning officer shall invite the elector to submit his case to the members of the panel.

1989, c. 1, s. 337; 1995, c. 23, s. 32; 1999, c. 15, s. 18; 1999, c. 89, s. 53.

337.1. No person may write down or otherwise record information contained in a document produced by an elector pursuant to the second paragraph of section 337.

This section shall not operate to prevent polling officers from recording, at the request of the Chief Electoral Officer, for statistical purposes and without identifying electors, the type of document produced by electors.

1999, c. 15, s. 19.

338. The deputy returning officer shall admit an elector to vote if the elector has not already voted, if he is entered on the list of electors of the polling subdivision, if his name and address and, where applicable, his date of birth, correspond to those appearing on that list and if he has produced identification in accordance with section 335.2 or the second paragraph of section 337.

Any elector whose designation differs slightly from that appearing on the list of electors may nevertheless be admitted to vote on making the oath in the form prescribed by regulation; an indication thereof shall be entered in the poll book.

1989, c. 1, s. 338; 1995, c. 23, s. 33; 1999, c. 15, s. 20.

339. An elector under whose name another person has already voted may nevertheless be admitted to vote on making the oath in the form prescribed by regulation; an indication thereof shall be entered in the poll book.

1989, c. 1, s. 339.

340. The returning officer or his assistant may issue an authorization to vote, in the form prescribed by regulation, to any elector

(1)  whose name does not appear on the copy of the list of electors used at the polling station but appears on the revised list of electors in the possession of the returning officer;

(2)  whose name has been entered or corrected by a board of revisors.

An elector who has obtained an authorization under this section shall present it to the deputy returning officer and declare under oath that he is indeed the person who obtained it; an indication thereof shall be entered in the poll book.

1989, c. 1, s. 340; 1995, c. 23, s. 34.

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

1989, c. 1, s. 341.

342. After receiving a ballot paper, the elector shall enter the polling booth, mark the ballot paper and fold it; he shall allow the initials of the deputy returning officer to be examined by the latter, the poll clerk and every representative of a candidate who wishes to do so; then, in full view of the persons present, the elector shall detach the stub and hand it to the deputy returning officer, who shall destroy it, and the elector himself shall place the ballot paper in the ballot box.

1989, c. 1, s. 342.

343. The elector shall mark the ballot paper in one of the circles with the pencil given to him by the deputy returning officer at the same time as the ballot paper.

1989, c. 1, s. 343; 1998, c. 52, s. 62.

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

1989, c. 1, s. 344.

345. The deputy returning officer shall cancel any ballot paper if the initials appearing on the back of it are not his own, and the poll clerk shall enter an indication thereof in the poll book.

1989, c. 1, s. 345.

346. Where a ballot paper has been inadvertently marked or spoiled, the deputy returning officer shall require the elector to mark each of the circles of the ballot paper. The deputy returning officer shall thereupon cancel the marked or spoiled ballot paper and give a new ballot paper to the elector.

1989, c. 1, s. 346; 1998, c. 52, s. 63.

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

(1)  by a person who is his spouse or relative within the meaning of section 205;

(2)  by another person, in the presence of the deputy returning officer and the poll clerk assigned to the polling station. That person shall declare under oath that he has not assisted any other elector during the poll.

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

1989, c. 1, s. 347; 1998, c. 52, s. 64.

348. At the request of any visually handicapped person, the deputy returning officer shall provide that person with a template, in accordance with the model prescribed by regulation, to enable him to vote without assistance. The deputy returning officer shall 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.

1989, c. 1, s. 348.

349. A deaf or mute elector may be assisted, for the purposes of communicating with the election officers and representatives, by a person capable of interpreting the sign language of the deaf.

1989, c. 1, s. 349.

350. Before the deputy returning officer remits a ballot paper, he, the poll clerk or the representative of a candidate may require a person to declare under oath, in the form prescribed by regulation, that

(1)  he is a qualified elector;

(2)  he was domiciled in that polling subdivision on Tuesday of the second week preceding that of the poll or, if he filed an application under section 3, that he resided or had his main office in the polling subdivision on the date of the application;

(3)  he has not already voted in the current election;

(4)  he has received no benefit intended to engage his support in favour of a candidate;

(5)  he has no ballot paper in his possession that may be used in the current election.

The poll clerk shall enter in the poll book the name of the person requiring the declaration and the reasons for the requirement.

1989, c. 1, s. 350; 1995, c. 23, s. 36; 1998, c. 52, s. 65.

351. In no case may a deputy returning officer give a ballot paper to a person who refuses to make the oath, and an indication thereof shall be entered in the poll book.

1989, c. 1, s. 351.

352. No person may, on the premises of a polling station, use any sign to indicate his political affiliation or support for or opposition to a party or candidate, or engage in any other form of partisan publicity.

The returning officer may cause any prohibited partisan publicity to be removed if, after being asked to remove it, the party or candidate promoted by the publicity refuses or neglects to do so.

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

1989, c. 1, s. 352; 1995, c. 23, s. 37.

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

1989, c. 1, s. 353.

354. Any electors on the premises of a polling station at the hour of closing of the poll who have not voted may exercise their right to vote. The deputy returning officer shall thereafter declare the polling closed.

For the purposes of the first paragraph, the premises of a polling station extend as far as the end of the waiting line of electors entitled to vote at the polling station, as it stands at the hour of closing of the poll.

1989, c. 1, s. 354.

Secrecy of voting

355. Voting is secret.

1989, c. 1, s. 355.

356. No elector may, on the premises of a polling station, indicate, in any manner, the name of the candidate in favour of whom he intends to vote or has voted.

1989, c. 1, s. 356.

357. No candidate, representative or election officer may, on the premises of a polling station, attempt to learn the name of the candidate in favour of whom an elector intends to vote or has voted.

1989, c. 1, s. 357.

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

1989, c. 1, s. 358.

359. No person may be compelled to disclose for whom he has voted.

1989, c. 1, s. 359.

§ 3 . — Proceedings after the vote

360. After the close of the poll, the deputy returning officer, assisted by the poll clerk, shall proceed with the counting of the votes. Every candidate and his representative may attend.

1989, c. 1, s. 360.

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

(1)  the number of electors who have voted;

(2)  the number of spoiled or cancelled ballot papers and the number of unused ballot papers;

(3)  the names of the persons who have performed duties as polling officers or representatives, indicating those entitled to remuneration.

1989, c. 1, s. 361.

362. The deputy returning officer, the poll clerk and the representatives shall use a tally sheet provided by the chief electoral officer for the counting of votes.

1989, c. 1, s. 362.

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

1989, c. 1, s. 363.

364. The deputy returning officer shall declare valid every ballot paper marked in the manner prescribed in section 343.

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

(1)  has not been furnished by him;

(2)  does not bear his initials;

(3)  has not been marked;

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

(5)  has been marked in favour of a person who is not a candidate;

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

(7)  bears fanciful or injurious entries;

(8)  bears a mark by which the elector can be identified;

(9)  has been marked otherwise than with the pencil given to the elector by the deputy returning officer.

No ballot paper contemplated in subparagraph 2 of the second paragraph may be rejected where the number of ballot papers found in the ballot box corresponds to the number of ballot papers which, according to the list of electors or the poll book, as the case may be, were placed in it.

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

1989, c. 1, s. 364; 1998, c. 52, s. 66.

365. No ballot paper may be rejected by reason only that the stub is still attached to it. In such a case, the deputy returning officer shall detach the stub and destroy it.

No ballot paper may be rejected for the sole reason that the mark extends beyond the circle or that the circle is not completely filled.

1989, c. 1, s. 365; 1998, c. 52, s. 67.

366. The deputy returning officer shall consider every objection raised by a candidate or the representative of a candidate in respect of the validity of a ballot paper and make a decision immediately. The objection and the decision of the deputy returning officer shall be entered in the poll book.

1989, c. 1, s. 366.

366.1. The deputy returning officer shall record in the statistical report of rejected ballots the reasons why the ballots were rejected.

1998, c. 52, s. 68.

367. After counting the ballot papers and drawing up a statement of votes, the deputy returning officer shall place, in separate envelopes, the ballot papers marked in favour of each candidate, the rejected ballot papers, the spoiled or cancelled ballot papers, the unused ballot papers and the statement of votes. He shall then seal the envelopes.

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

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

1989, c. 1, s. 367.

368. The deputy returning officer shall deliver a copy of the statement of votes to the representative of each candidate and to the returning officer.

1989, c. 1, s. 368.

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

1989, c. 1, s. 369.

370. The deputy returning officer shall deliver the ballot box to the returning officer or to the person designated by the latter to receive it.

1989, c. 1, s. 370.

§ 4 . — Addition of votes

371. The returning officer shall notify each candidate or his mandatary of the time when he is ready to proceed to the addition of the votes.

The addition, wherever possible, shall begin at 9:00 a.m. on the day following polling day; it shall take place at the main office of the returning officer, and any candidate, mandatary or elector may attend.

1989, c. 1, s. 371.

372. The returning officer shall proceed to the addition of the votes by using the statements of votes contained in the ballot boxes and compiling the votes cast in favour of each candidate in each polling subdivision of the electoral division.

He shall also use the abstract of the statement of votes contemplated in section 285 if he has received it at the time of the addition or, failing that, he shall use the results communicated in accordance with that section.

1989, c. 1, s. 372.

373. If a statement of votes has not been placed in the ballot box or if the returning officer has not received a ballot box, he shall adjourn the addition of the votes until he obtains that statement or ballot box.

1989, c. 1, s. 373.

374. Any person present may apply for a re-addition of the votes if he shows that the returning officer has improperly added up the votes where the addition provided for in section 371 took place.

1989, c. 1, s. 374.

375. The returning officer shall declare elected the candidate who, when the addition is completed, has received the greatest number of votes.

He may then communicate the results of the addition to any person requesting them.

1989, c. 1, s. 375.

376. In the case of a tie-vote, the returning officer shall apply for a judicial recount in accordance with Division V of this chapter.

1989, c. 1, s. 376.

DIVISION IV DECLARATION OF ELECTION AND PUBLICATION OF THE RESULTS

377. If no application for a judicial recount of the votes is filed within the time prescribed, the returning officer shall declare elected the candidate who has received the greatest number of votes. The returning officer shall send a copy of the declaration to each candidate.

The returning officer shall without delay transmit to the Chief Electoral Officer the declaration of election and the result of the addition of the votes.

1989, c. 1, s. 377.

378. The returning officer shall thereafter transmit to the Chief Electoral Officer a complete return of the election proceedings.

He shall also transmit to the Chief Electoral Officer all the ballot papers, the statements of votes, the lists of electors and the poll books.

1989, c. 1, s. 378.

379. The Chief Electoral Officer shall keep the documents transmitted to him by any returning officer for one year from their transmission or, if the election is contested, for one year from the decision on the contestation.

1989, c. 1, s. 379.

380. After transmitting a list of the candidates declared elected to the Secretary General of the National Assembly, the Chief Electoral Officer shall, as soon as possible, publish a notice in the Gazette officielle du Québec indicating the surname and given name of each elected candidate, his political affiliation, the name of his electoral division and the date of receipt of the list by the Secretary General.

The candidate declared elected shall become a Member of the National Assembly from the receipt, by the Secretary General of the National Assembly, of the list of the candidates declared elected.

1989, c. 1, s. 380.

381. The Chief Electoral Officer shall, as soon as possible after the election, publish a detailed return of the election, containing, in particular, the results for each electoral precinct, and also indicating the results of each polling subdivision.

He shall transmit the return to the Secretary General of the National Assembly.

1989, c. 1, s. 381.

DIVISION V JUDICIAL RECOUNT

382. Any person may apply for a judicial recount of the votes if he has reasonable grounds to believe that a deputy returning officer or the returning officer has unlawfully counted or rejected ballot papers or has drawn up an incorrect statement of votes.

1989, c. 1, s. 382.

383. Any candidate who came second, or his mandatary, may apply for a judicial recount where the majority is not over one-thousandth of the votes cast.

1989, c. 1, s. 383.

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

1989, c. 1, s. 384.

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

1989, c. 1, s. 385.

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

1989, c. 1, s. 386.

387. The judge shall give at least one clear day’s notice in writing to the chief electoral officer and to the candidates of the day, time and place at which he will proceed to a recount of the votes.

The judge shall summon the returning officer and his assistant, and order the returning officer to bring the ballot boxes and the statement of the votes of his electoral division and, as the case may be, the abstract of the statement of votes contemplated in section 285. They must obey the summons.

Where a judicial recount is applied for in an electoral division in which the votes of inmates or of electors outside Québec have been counted, the chief electoral officer shall bring every envelope contemplated in section 283 bearing the name of that electoral division.

1989, c. 1, s. 387.

388. On the appointed day, the judge, in the presence of the returning officer and his assistant, shall examine the ballot papers and the other documents contained in the ballot box.

The persons contemplated in the first paragraph, those contemplated in section 387 and the mandataries of the candidates may examine the documents contained in the ballot box.

1989, c. 1, s. 388.

389. Sections 364 and 365 apply to a decision on the validity of a ballot paper and the judge may for that purpose take the measures he considers appropriate.

1989, c. 1, s. 389.

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

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

1989, c. 1, s. 390; 1992, c. 61, s. 284.

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

1989, c. 1, s. 391.

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

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

1989, c. 1, s. 392.

393. The returning officer shall thereupon declare elected the candidate who received the greatest number of votes and section 377 applies, adapted as required.

1989, c. 1, s. 393.

394. In case of a tie-vote, a new election shall be held.

The returning officer, after informing the Chief Electoral Officer, shall forthwith publish a notice in the form prescribed by regulation, informing the electors of the new period for filing nomination papers and the new polling date.

Nomination papers shall be filed not later than the second Monday following the day of the judge’s decision, and the poll shall be held on the second subsequent Monday.

1989, c. 1, s. 394.

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

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

In the case contemplated in section 383, the person who applied for the recount shall pay no costs.

1989, c. 1, s. 395.

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

1989, c. 1, s. 396.

397. Where a judge fails to comply with this division, the aggrieved party may, within four days thereafter, apply to a judge of the Court of Appeal, by filing a motion in the office of the court, to issue an order enjoining the judge to comply and to proceed with and complete the recount.

1989, c. 1, s. 397.

398. If the motion appears to be founded, the judge of the Court of Appeal shall issue an order appointing the time, within the eight following days and a place for the hearing of the motion, and enjoining the interested parties to appear at such date and place.

The order and the motion giving rise to it shall be served in the manner determined by the judge.

1989, c. 1, s. 398.

399. At the appointed day and place, the judge of the Court of Appeal, or another judge of the same court, after hearing the parties present, shall issue such order as he considers justified by the facts; he may also award costs.

1989, c. 1, s. 399.

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

1989, c. 1, s. 400.

CHAPTER VI CONTROL OF ELECTION EXPENSES

DIVISION I ELECTION EXPENSES

401. For the purposes of this chapter,

(1)  the election period commences at midnight on the day of issue of the order instituting the election and ends on polling day at the hour of closing of the polling stations;

(2)  the word “candidate” includes any person who becomes a candidate;

(3)  the expression “official agent” includes any person who becomes an official agent.

In addition, for the purposes of sections 403, 415, 416, 417 and 421, the expression “election expenses” includes expenses referred to in paragraph 13 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 the representative of such an intervenor if the private intervenor is a group of electors.

1989, c. 1, s. 401; 1992, c. 38, s. 58; 1998, c. 52, s. 69.

402. The cost of any goods or services used for the following purposes during an election period is an election expense:

(1)  to promote or oppose, directly or indirectly, the election of a candidate or the candidates of a party;

(2)  to propagate or oppose the program or policies of a candidate or party;

(3)  to approve or disapprove courses of action advocated or opposed by a candidate or party; or

(4)  to approve or disapprove any act done or proposed by a party, a candidate or their supporters.

1989, c. 1, s. 402.

403. In the case of goods or services used both during and before an election period, the part of the cost thereof which constitutes an election expense shall be established according to a method based on the frequency of use during the election period compared to the frequency of use before and during the election period.

1989, c. 1, s. 403.

404. The following are not election 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 election and that the circulation and frequency of publication are as what obtains outside the election 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 election order;

(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 necessary costs of holding a meeting in an electoral division for the selection of a candidate, including the cost of renting a hall, of convening the delegates and of the publicity made at the meeting; the costs cannot exceed $4 000 nor include any other form of publicity;

(5)  the reasonable costs incurred by a candidate for attending a meeting to select a candidate in an electoral division; the costs cannot include any publicity except that made by the candidate at the meeting;

(6)  the reasonable expenses incurred by a candidate or any other person, out of his own money, for meals and lodging while traveling for election purposes, if the expenses are not reimbursed to him;

(7)  the transportation costs of a candidate, if not subject to reimbursement;

(7.1)  the other reasonable personal expenses incurred by a candidate, other than publicity expenses, if the expenses are not reimbursed to him;

(8)  the transportation costs of any person other than a candidate, paid out of his own money, if the costs are not reimbursed to him;

(8.1)  the cost of the food and beverages served at a political activity where the cost is included in the entrance fee paid by participants;

(9)  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 a candidate or a party;

(10)  the reasonable ordinary expenses incurred for the day-to-day operations of not more than two permanent offices of the party the addresses of which are entered in the register of the chief electoral officer;

(11)  interest accrued from the beginning of the election period to the day occurring 90 days after polling day, on any loan lawfully granted to an official representative for election expenses, unless the official agent has paid the interest and declared it as an election expense in his return of election expenses;

(12)  the expenses incurred for the holding of meetings, the total of which does not exceed $200 for the entire election period, including the renting of halls and the convening of participants, provided the meetings are not directly or indirectly organized on behalf of a candidate or party;

(13)  the publicity expenses, the total of which does not exceed $300 for the entire election period, incurred by an authorized private intervenor in accordance with Division V, without directly promoting or opposing a candidate or party, to publicize or obtain support for the intervenor’s views on a matter of public interest or to advocate abstention or the spoiling of ballots.

1989, c. 1, s. 404; 1992, c. 38, s. 59; 1998, c. 52, s. 70.

405. To incur election expenses, an authorized party shall have an official agent.

The official representative of a party shall be the official agent of the party unless another person is designated in writing for that purpose by the leader of the party.

A person designated as the official agent by the leader of a party shall confirm in writing that he accepts the office.

The Chief Electoral Officer shall publish the name of the official agent of a party in the Gazette officielle du Québec.

1989, c. 1, s. 405.

406. The official agent of an authorized party may, with the approval of the leader of the party, appoint the required number of deputies and authorize them to incur or authorize election expenses up to the amount fixed by him in their deed of appointment. That amount may be changed, in writing, at any time by the official agent before he files his return of election expenses.

All election expenses incurred by a deputy of the official agent are deemed to have been incurred by the official agent up to the amount fixed in the deed of appointment.

Every deputy shall furnish to the official agent of the party an itemized statement of the expenses incurred or authorized by him.

1989, c. 1, s. 406.

407. An official agent may, in writing, authorize an advertising agency to incur or order election expenses up to the amount he fixes in the authorization. That amount may be changed by the official agent, in writing, at any time before he files his return of election expenses.

The advertising agency shall furnish to the official agent, within 60 days after polling day, an itemized statement of the expenses incurred or ordered, accompanied with the vouchers and advertising proof, including the invoices of subcontractors. The statement must be made in the form prescribed by the Chief Electoral Officer.

1989, c. 1, s. 407.

408. Every candidate shall have an official agent.

1989, c. 1, s. 408.

409. Any official agent of a party who resigns shall notify, in writing, the leader of the party and the chief electoral officer of his resignation. An official agent of a candidate who resigns shall notify, in writing, the candidate and the returning officer of his resignation.

Within ten days of resigning, the official agent shall file with the leader of the party or the candidate a return of election expenses, with vouchers, covering the period during which he was in office.

1989, c. 1, s. 409; 1992, c. 38, s. 60.

410. If the official agent designated in the nomination paper dies, resigns or becomes unable to act, the candidate shall forthwith appoint another such agent and notify the returning officer in writing of the appointment.

The candidate may also dismiss his official agent and appoint another in the same manner.

1989, c. 1, s. 410.

411. The returning officer shall, without delay, inform the chief electoral officer of every appointment and replacement of an official agent.

If an official agent is replaced before polling day, the returning officer shall post up a notice of the replacement with a notice of the poll; he shall transmit a copy of the notice of replacement to each candidate or his mandatary.

1989, c. 1, s. 411.

412. No person contemplated in section 45 may be appointed as an official agent.

1989, c. 1, s. 412.

413. During an election period, only the official agent of a candidate or of an authorized party or his deputy may incur or authorize election expenses.

1989, c. 1, s. 413.

414. In no case may an official agent or his deputy pay the cost of any election expense otherwise than out of an election fund.

No sums of money other than those held in accordance with Title III by an authorized entity or advances paid under section 449 may be paid into the election fund put at the disposal of an official agent.

The official agent shall deposit the sums paid into the election fund put at his disposal in an account at a Québec branch of a bank, trust or savings and credit union. The account shall be separate from that of the official representative.

1989, c. 1, s. 414; 1992, c. 38, s. 61.

415. No goods or services whose cost is wholly or partly an election expense may be used during the election period except by the official agent of a candidate or party or with his authorization.

1989, c. 1, s. 415; 1998, c. 52, s. 71.

416. No person may accept or execute an order for election expenses not given or authorized by an official agent or in his name by his deputy or the advertising agency authorized by him.

1989, c. 1, s. 416.

417. No person may, for goods or services whose cost is wholly or partly an election expense, claim or receive a price different from the regular price for similar goods or services outside the election period nor may he accept a different remuneration or renounce payment.

A person may, however, contribute his personal services and the use of his vehicle without remuneration, provided that he does so freely and not as part of his work in the service of an employer.

1989, c. 1, s. 417.

418. (Repealed).

1989, c. 1, s. 418; 1992, c. 38, s. 62.

419. At a general election, the official agent of an authorized party, his deputy or the official representative of a party authority in an electoral division, if expressly authorized therefor by the official agent of the party, may, so long as no candidate of the party has filed his nomination paper in that electoral division and before the expiry of the period prescribed for the filing of nomination papers, authorize election expenses in the electoral division for an amount not exceeding $4 000.

If, at the time of the polling, the party presents no candidate in the electoral division for which the expenses were authorized, the expenses are deemed to have been incurred by the party. In the opposite case, the expenses are deemed to have been incurred by the official agent of the candidate of the party and the person who authorized the expenses shall file an itemized statement thereof with him.

1989, c. 1, s. 419; 1992, c. 38, s. 63.

420. At a by-election, only the official representative of the party authority at the level of the electoral division where the election is being held may, so long as no candidate of the party has filed his nomination paper and before the expiry of the period prescribed for the filing of nomination papers, authorize election expenses; in no case may the expenses exceed the amount of $4 000.

If the party presents no candidate, the official representative shall include, in his annual financial report, all expenses he has so authorized. In the opposite case, the expenses are deemed to have been incurred by the official agent of the candidate of such party and the official representative shall file an itemized statement with him.

If the expenses incurred under this section include publicity, they shall be identified by the name and title of the official representative and by the name and address of the printer, where that is the case.

1989, c. 1, s. 420; 1992, c. 38, s. 64.

421. Every printer or manufacturer who furnishes any writing, object or advertising material relating to an election shall indicate therein or thereon his name and address and the name and title of the official agent or deputy, as the case may be, who caused it to be produced.

Every owner of a newspaper or other publication in which an advertisement is published shall indicate the name and title of the official agent or deputy, as the case may be, who caused it to be published.

Every radio or television broadcaster who broadcasts an advertisement shall indicate the name and title of the official agent or deputy, as the case may be, at the beginning or at the end of the advertisement.

1989, c. 1, s. 421.

421.1. For the purposes of section 421, a printer, manufacturer, owner or radio or television broadcaster shall also, in the case of a private intervenor within the meaning of Division V or the representative of such an intervenor, indicate the authorization number issued under section 457.6.

Where the cost of the writing, object, material, advertisement or publicity referred to in section 421 exceeds $300, 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 candidate or party.

1998, c. 52, s. 72.

422. Where the official agents of several candidates of the same region jointly make or incur any publicity expenses contemplated in section 421, the advertisement shall bear the name and title of each official agent or, with his consent, the name and title of the official agent of the party and the name and address of the printer, where that is the case.

1989, c. 1, s. 422; 1992, c. 38, s. 65.

422.1. The official agent of a candidate may, in writing, authorize the official agent of the party to incur or order joint publicity expenses, up to the amount he fixes in the authorization, but not exceeding 30 % of the limit determined in the second paragraph of section 426.

The official agent of the party shall furnish to the official agent of the candidate, within 60 days after polling day, an invoice showing the total publicity expenses incurred by him for the latter.

The official agent of the party shall furnish to the chief electoral officer, within 90 days after polling day, a report of all publicity expenses, accompanied with the invoices and other vouchers. The report must be made in the form prescribed by the chief electoral officer.

1992, c. 38, s. 66.

423. During an election period, a radio, television or cable broadcaster and the owner of a newspaper, periodical or other publication may make air time on the radio or television or space in the newspaper, periodical or other publication available free of charge to the leaders of the parties and to candidates, provided he offers such service equitably as to quality and quantity to all the candidates of the same electoral division or to all the leaders of the parties represented in the National Assembly or which obtained at least 3% of the valid votes at the last general election.

1989, c. 1, s. 423.

424. No person may pay an election expense of $60 or more without a voucher in the form of an itemized invoice.

The invoice must indicate the goods or services furnished and their rate or unit price.

1989, c. 1, s. 424; 1992, c. 38, s. 67.

425. Every person to whom an amount is due for an election expense shall present his claim to the official agent within 60 days after polling day. No election expense may be paid by the official agent if the claim is presented to him after the expiry of the prescribed time.

Where the official agent has died or resigned and has not been replaced, the claim shall be presented within the same time limit to the leader of the party or to the candidate himself, as the case may be.

After the expiry of the time prescribed in the first paragraph, the creditor has 120 days to file his claim with the Chief Electoral Officer, failing which his claim is prescribed.

1989, c. 1, s. 425.

426. Election expenses shall be limited so as never to exceed for a party, during a general election, $0.50 per elector for all the electoral divisions in which such party has an official candidate.

The election expenses for each candidate shall be limited so as never to exceed $1.00 per elector during a general election. However, in the electoral divisions of Duplessis, Rouyn-Noranda-Témiscamingue, Saguenay and Ungava, the maximum is increased by $0.25 per elector, and in the electoral division of Îles-de-la-Madeleine, the maximum is increased by $0.70 per elector.

During a by-election, the maximum limit of election expenses for each candidate is increased by $0.50.

1989, c. 1, s. 426; 1992, c. 38, s. 68.

427. For the purposes of sections 426, 457 and 457.1, 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 an order instituting an election and the number of electors whose names are entered on the list following revision.

Each returning officer shall transmit to the Chief Electoral Officer a certificate evidencing the number of electors whose names are entered on the list following revision and shall inform each candidate of that number.

At a general election, the Chief Electoral Officer shall transmit, to the leader of each authorized party, the total number of electors listed for all the electoral divisions.

1989, c. 1, s. 427; 1995, c. 23, s. 38.

428. The official agent of an authorized party cannot incur election expenses during a by-election.

1989, c. 1, s. 428.

429. In the seven days following the day on which the order is issued, no person, except the Chief Electoral Officer, may broadcast or cause to be broadcast by a radio or television station or by a cable distribution enterprise, publish or cause to be published in a newspaper or other periodical, or post or cause to be posted in a space leased for that purpose, publicity relating to the election.

However, the first paragraph shall not operate to prevent the announcement by any means referred to therein, once the order has been issued, of a meeting for the selection of a candidate provided that the announcement consists only of the date, time and place of the meeting, the name and visual identification of the party and the names of the persons nominated.

1989, c. 1, s. 429; 1992, c. 38, s. 69; 1995, c. 23, s. 39.

429.1. On polling day no person, except the Chief Electoral Officer, may broadcast or cause to be broadcast by a radio or television station or by a cable distribution enterprise, or publish or cause to be published in a newspaper or other periodical, publicity relating to the election.

1995, c. 23, s. 39.

430. Subject to sections 10 and 11 of the Public Service Act (chapter F-3.1.1), nothing in this division relates to the services rendered by a member of the public service.

1989, c. 1, s. 430.

431. This division does not apply to services rendered by a member of an office staff or of the staff of a Member within the meaning of Division III.1 of Chapter IV of the Act respecting the National Assembly (chapter A-23.1).

1989, c. 1, s. 431.

DIVISION II RETURN OF ELECTION EXPENSES

432. The official agent of every candidate shall, within 90 days after polling day, deliver to the chief electoral officer, a return of all his election expenses in the form prescribed by the chief electoral officer.

The return must be accompanied with the invoices, receipts and other vouchers, or certified copies of those documents, a list thereof and a sworn declaration in the prescribed form.

In the case of an independent candidate who was not elected, the return must be filed at the same time as the financial report contemplated in section 122.

1989, c. 1, s. 432; 1998, c. 52, s. 73; 1999, c. 15, s. 21.

433. (Repealed).

1989, c. 1, s. 433; 1999, c. 15, s. 22.

434. The official agent of every authorized party shall, within 120 days after polling day, deliver to the chief electoral officer a return of his election expenses in the prescribed form.

The return must be accompanied with the invoices, receipts and other vouchers, or certified copies of those documents, a list thereof and a sworn declaration in the prescribed form.

Where the official agent has appointed deputies under section 406, the return must be accompanied with the deeds of appointment and any change made to them.

1989, c. 1, s. 434.

435. The chief electoral officer shall publish a summary of the returns of election expenses prescribed in sections 432 and 434 within 60 days after the expiry of the time prescribed for their filing.

1989, c. 1, s. 435.

436. The chief electoral officer shall keep the returns, declarations, invoices, receipts and other vouchers provided for in sections 432 and 434 for a period of two years from their receipt. During that period, he shall permit any elector to examine the documents and make copies of them at the place designated by him for that purpose.

After the expiry of the period prescribed in the first paragraph, the chief electoral officer shall deliver the invoices, receipts and other vouchers to the leader of the party or to the candidates if they so request; if not, he may destroy them.

1989, c. 1, s. 436.

437. In addition to election expenses, the official agent shall indicate in the returns prescribed in sections 432 and 434 the source of the sums paid into the election fund put at his disposal.

1989, c. 1, s. 437.

438. The returns prescribed in sections 432 and 434 must be accompanied with an itemized statement in the form prescribed by the Chief Electoral Officer, setting forth the names and addresses of the creditors who omitted to file their claims in the manner prescribed in the first paragraph of section 425 and, for each such claim, the amount of the debt and the date on which the goods and services were furnished.

The statement must be accompanied with a cheque drawn on the election fund, made to the order of the Chief Electoral Officer for the total amount of the claims contemplated in the first paragraph.

1989, c. 1, s. 438.

439. The sums remitted to the Chief Electoral Officer pursuant to section 438 shall be kept by him in a trust account and, if the creditors fail to file their claims with him within the time prescribed in the third paragraph of section 425, he shall remit the sums to the Minister of Finance.

1989, c. 1, s. 439.

440. Where a creditor files his claim with the Chief Electoral Officer within the time prescribed in the third paragraph of section 425 and the sums remitted to him by the official agent to discharge the claim are insufficient, the Chief Electoral Officer shall inform the official agent of that fact without delay; the official agent may contest that claim, in which case sections 445 and 446 apply.

If the claim is not contested by the official agent, the official representative of the authorized party authority at the level of the electoral division or of the party, as the case may be, shall forward to the Chief Electoral Officer the necessary additional sum to enable him to discharge the claim.

1989, c. 1, s. 440.

441. On filing the return prescribed in section 432 or 434, the official agent of an authorized party or of a candidate of an authorized party shall remit the sums or goods remaining in his election fund to the official representative of the party or of the party authority at the level of the electoral division, as the case may be. The official agent of an independent candidate who was elected shall remit such sums to the candidate’s official representative.

In the case of the official agent of an authorized independent candidate who was not elected, he shall keep the remaining sums or goods in his election fund. The sums and goods may be used only for political, religious, scientific or charitable purposes.

1989, c. 1, s. 441; 1998, c. 52, s. 74.

442. If the return and the statement prescribed by section 432 or 434 are not filed within the time prescribed, the candidate or party leader, as the case may be, becomes, ten days after the expiry of the period prescribed, disqualified from sitting or voting in the National Assembly until the return and statement have been filed.

However, a judge may, on a motion made before the candidate or party leader is disqualified from sitting or voting, allow him to continue to sit or vote for an additional period of not more than 30 days.

1989, c. 1, s. 442.

443. Where an error is found in a declaration or return that has been filed, the official agent may correct it at any time within the period prescribed for filing such declaration or return.

After the period prescribed for filing the declaration or return, the candidate or party leader may obtain leave from the Chief Electoral Officer to correct the error on establishing that it was made through inadvertence. Any opposition to the application for leave shall be submitted to the Chief Electoral Officer.

If the Chief Electoral Officer considers that the opposition is not justified, he shall allow the correction procedure to continue; otherwise, he shall refer the parties to the court of competent jurisdiction.

1989, c. 1, s. 443; 1992, c. 38, s. 70.

444. If a candidate or party leader establishes before a judge that the absence, death, illness or misconduct of an official agent or any other reasonable cause prevents the preparation and filing of the return prescribed by section 432 or 434, the judge may make any order he deems necessary to enable the applicant to obtain all the information and documents necessary to prepare the return and declaration and grant an extension of time.

1989, c. 1, s. 444.

445. Before filing the return and the declaration prescribed in sections 432 and 434, an official agent must have discharged all the claims received within the period of time prescribed in section 425.

However, the official agent shall mention, in his return, every undischarged claim and indicate whether he contests the claim or cannot discharge it owing to insufficient election funds.

No contested claim may be discharged by the official agent, by the leader of a party or by a candidate. Only the official representative may discharge it in execution of a judgment from a court of competent jurisdiction obtained by the creditor after a hearing and not following acquiescence in the demand or a settlement agreement.

The Chief Electoral Officer may allow the official representative of an authorized entity to discharge any claim that has not been discharged owing to insufficient election funds, and he may, if there is no objection from a party or candidate, allow him to discharge a contested claim if the refusal or nonpayment results from an error in good faith.

1989, c. 1, s. 445; 1992, c. 38, s. 71.

446. The Chief Electoral Officer may refer to a judge any claim contested by an official agent. The case is heard and decided by preference.

1989, c. 1, s. 446.

447. Every payment made by the official representative after the filing of the return of election expenses following a decision of the Chief Electoral Officer, a judgment rendered in respect of any expense contested pursuant to section 445, or on an application by the Chief Electoral Officer under section 440, entails an automatic correction of the return of election expenses.

1989, c. 1, s. 447.

448. The judge having jurisdiction to decide an application under sections 442 to 446 is, in the case of a candidate other than a party leader, a judge of the Court of Québec and, in the case of a party leader, the chief judge of that court.

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 each of the other candidates in the electoral division or, in the case of a party leader, to each of the other leaders of authorized parties.

1989, c. 1, s. 448.

DIVISION III ADVANCE ON THE REIMBURSEMENT OF ELECTION EXPENSES

449. The returning officer shall, without delay, transmit every nomination paper he receives to the chief electoral officer.

The chief electoral officer shall pay to every candidate who will be entitled to reimbursement of election expenses under section 457, an advance on the reimbursement equal to 35 % of the maximum election expenses fixed in the second paragraph of section 426 for the electoral division concerned.

1989, c. 1, s. 449.

450. The advance of an independent candidate is paid to him only if he is authorized.

1989, c. 1, s. 450.

451. Where, on the receipt of the results of the addition of the votes, the chief electoral officer is satisfied that a candidate is entitled to a reimbursement under section 457 and has received no advance on the reimbursement of election expenses under section 449, he shall, without delay, pay an advance on the reimbursement equal to 35 % of the maximum election expenses fixed in the second paragraph of section 426 for the electoral division concerned.

1989, c. 1, s. 451.

452. The payment is made jointly to the candidate and his official representative in the case of an authorized independent candidate, or in the case of the candidate of an authorized party, jointly to the candidate and the official representative of the party authority at the level of the electoral division concerned; failing such a party authority, the payment is made jointly to the candidate and the official representative of the party.

1989, c. 1, s. 452.

453. On receipt of the return of election expenses of the official agent of the candidate to whom an advance on the reimbursement of election expense has been paid, the Chief Electoral Officer shall verify whether the amount of the advance exceeds 50% of the election expenses stated in the return.

If the advance exceeds 50% of the total of the expenses, the Chief Electoral Officer shall send, by registered or certified mail, to the official representative to whom the advance was granted, a claim corresponding to the difference between the amounts.

The amount of the claim must be paid within 30 days of its receipt by the official representative.

1989, c. 1, s. 453.

454. If, after an audit of the return of election expenses of the official agent of the candidate to whom an advance was granted, the reimbursement to which the candidate is entitled under section 457 is greater than the advance he received, the chief electoral officer shall draw, to the order jointly to the candidate and to the official representative to whom the advance was granted, a cheque for an amount corresponding to the difference between the amount of reimbursement to which the candidate is entitled and the amount of the advance paid.

1989, c. 1, s. 454.

455. If, after an audit of the return of election expenses, the reimbursement to which the candidate is entitled is less than the advance he received, the Chief Electoral Officer shall send, by registered or certified mail, to the official representative to whom the advance was granted, a claim corresponding to the difference between the amounts, taking into account any sum received by the official representative following a claim pursuant to section 453.

The claim must be paid within 30 days of its receipt by the official representative.

1989, c. 1, s. 455.

456. For the purposes of sections 449 and 451, the number of electors is equal to the number of electors entered on the list of electors produced upon the issue of an order instituting an election.

1989, c. 1, s. 456; 1995, c. 23, s. 40.

DIVISION IV REIMBURSEMENT OF ELECTION EXPENSES

457. The chief electoral officer shall reimburse an amount equal to 50 % of the election expenses incurred and paid in conformity with this Act, for each candidate

(1)  declared elected;

(2)  who obtained at least 15 % of the valid votes;

(3)  who was elected at the last election;

(4)  who is the candidate of either of the two parties whose candidates obtained the greatest number of votes at the last election in the electoral division; or

(5)  who is entitled to make the recommendations provided for in section 310 or 311.

In the case of an independent candidate who was not elected, no reimbursement may exceed the amount of the debts resulting from his election expenses.

The election expenses that may be reimbursed may in no case exceed the maximum amount fixed under the second paragraph of section 426.

1989, c. 1, s. 457; 1998, c. 52, s. 75.

457.1. The Chief Electoral Officer shall reimburse to each political party that obtained at least 1% of the valid votes an amount equal to 50% of the election expenses incurred and paid in conformity with this Act.

The election expenses that may be reimbursed may not exceed the limit fixed under the first paragraph of section 426.

1992, c. 38, s. 72; 1998, c. 52, s. 76.

DIVISION V EXPENSES OF PRIVATE INTERVENORS

1998, c. 52, s. 77.

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 private intervenor.

1998, c. 52, s. 77.

457.3. An elector who applies for authorization must

(1)  indicate his name, date of birth, domiciliary address and telephone number;

(2)  declare that he is a qualified elector;

(3)  declare that he does not intend to directly promote or oppose any candidate or party;

(4)  state briefly the purpose of the application, specifying, where applicable, the matter of public interest on which he intends to express his views;

(5)  declare that he is not a member of any party;

(6)  declare that he is not acting directly or indirectly on behalf of any candidate or party;

(7)  declare that, to his knowledge, he does not belong to a group that has obtained an authorization as a private intervenor for a similar purpose or whose application for authorization is pending.

The application for authorization must be supported by the elector’s oath and include an undertaking by the elector to comply with all applicable legal provisions.

1998, c. 52, s. 77.

457.4. A group that applies for authorization must

(1)  indicate its name, address, telephone number, date of formation and objects;

(2)  indicate the name, domiciliary address and telephone number of its leaders;

(3)  indicate the actual or approximate number of members of the group and declare that the majority of the members are qualified electors;

(4)  indicate the name, date of birth, domiciliary address and telephone number of the elector who is to act as the representative of the group;

(5)  declare that the group does not intend to directly promote or oppose any candidate or party;

(6)  state briefly the purpose of the application, specifying, where applicable, the matter of public interest on which the group intends to express its views;

(7)  declare that the group is not acting directly or indirectly on behalf of any candidate or party;

(8)  declare that the representative of the group is not a member of any party;

(9)  declare that, to the group’s knowledge, no member of the group has obtained an authorization as a private intervenor for a similar purpose or made an application for authorization that is pending.

The application for authorization must be made by the elector designated in the application to act as the representative of the group, be supported by the representative’s oath and include an undertaking by the representative to comply with all applicable legal provisions.

1998, c. 52, s. 77.

457.5. An application for authorization must be filed at the office of the returning officer of the electoral division of the applicant’s domicile.

The application must be filed during the period extending from the twenty-seventh to the thirteenth day preceding polling day.

1998, c. 52, s. 77.

457.6. The returning officer shall, if the application is in conformity with the requirements of this division, issue the authorization and an authorization number without delay.

Before rejecting an application, the returning officer must allow the elector to present observations or make any necessary corrections. A decision to reject an application must be in writing and contain reasons.

1998, c. 52, s. 77.

457.7. Notwithstanding the first paragraph of section 59 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), the returning officer shall, during the election period, allow an elector to consult, in the returning officer’s main office, any application for authorization which was granted.

However, notwithstanding the second paragraph of section 10 of that Act, only a candidate may obtain a copy of such an application.

1998, c. 52, s. 77.

457.8. Not later than the tenth day preceding polling day, the returning officer shall transmit to the authorized parties represented in the National Assembly, to any other party which so requests and to each candidate 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 if the private intervenor intends to express views on a matter of public interest or to advocate abstention or the spoiling of ballots.

1998, c. 52, s. 77.

457.9. An elector or a group of electors may only obtain one authorization during an election period. The authorization is only valid for that period.

The representative of a group of electors may only act for that group.

1998, c. 52, s. 77.

457.10. The representative of a group of electors who resigns shall notify the leader of the group and the returning officer in writing.

Within five days of resigning, the representative shall submit a report of the expenses incurred, with vouchers, to the leader of the group.

1998, c. 52, s. 77.

457.11. If the representative of a group of electors dies, resigns, is dismissed or is unable to act, the leader of the group shall appoint another representative and shall notify the returning officer in writing forthwith.

1998, c. 52, s. 77.

457.12. A private intervenor who is an elector or the representative of a private intervenor may not become a member of a party during the election period.

1998, c. 52, s. 77.

457.13. A private intervenor may not incur expenses that are not related to the purpose stated in the application for authorization or that directly promote or oppose a candidate or party.

1998, c. 52, s. 77.

457.14. A private intervenor may not incur an expense jointly with any person or incur an expense individually but in agreement, collusion or association with any person.

1998, c. 52, s. 77.

457.15. A private intervenor who is an elector must defray the cost of any expense out of his own funds.

A private intervenor that is a group of electors must defray the cost of any expense out of the funds of the members of the group who are electors.

A private intervenor must pay any expense by cheque or order of payment drawn on the private intervenor’s account in a bank, trust company or savings and credit union having an office in Québec. The cheque or order of payment must be signed by the private intervenor if the private intervenor is an elector, or by the representative if the private intervenor is a group of electors.

1998, c. 52, s. 77.

457.16. In the case of a private intervenor that is a group of electors, only the representative may incur expenses on behalf of the private intervenor.

The representative of a private intervenor is bound by the provisions of sections 457.13 to 457.15 and must ensure that they are complied with.

1998, c. 52, s. 77.

457.17. A private intervenor who is an elector or the representative of a private intervenor may not pay an expense of $25 or more without a voucher in the form of an itemized invoice.

The invoice must indicate the goods or services furnished and their rate or unit price.

1998, c. 52, s. 77.

457.18. A private intervenor who is an elector or the representative of a private intervenor shall, within 30 days after polling day, file with the chief electoral officer a report of all the private intervenor’s expenses, in the form prescribed by the chief electoral officer.

The report must be accompanied with the invoices, receipts and other vouchers, or certified copies of those documents, a list thereof and a sworn declaration in the prescribed form.

1998, c. 52, s. 77.

457.19. Sections 435, 436 and 444 apply to the report referred to in section 457.18, with the necessary modifications.

1998, c. 52, s. 77.

457.20. The Chief Electoral Officer may, on his own initiative or on an application, withdraw the authorization of a private intervenor

(1)  if the Chief Electoral Officer ascertains that the application for authorization contains false or inaccurate information;

(2)  if the Chief Electoral Officer ascertains that the private intervenor or, where applicable, the representative of the private intervenor no longer qualifies for such authorization;

(3)  if the Chief Electoral Officer ascertains that the private intervenor or, where applicable, the representative of the private intervenor has contravened any applicable provision of this Act.

Before withdrawing the authorization, the Chief Electoral Officer must allow the private intervenor to present observations or make any necessary corrections. A decision to withdraw the authorization must be in writing and contain reasons.

1998, c. 52, s. 77.

457.21. Any person whose application for authorization is rejected or any private intervenor whose authorization is withdrawn may, by way of a motion, appeal the decision before a judge of the Court of Québec.

The motion must be served beforehand on the returning officer or the Chief Electoral Officer, as the case may be.

The appeal shall be heard and decided by preference. The appeal does not suspend the execution of the decision, unless the court decides otherwise.

The decision of the judge is final.

1998, c. 52, s. 77.

TITLE V CONTESTATION OF ELECTIONS

458. Any elector qualified to vote in an electoral division or any candidate in that division may contest the election held in the division if the election or the declaration pertaining to it is irregular, or if a corrupt electoral practice was used whereby it is alleged that the election of a Member is void.

1989, c. 1, s. 458.

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

1989, c. 1, s. 459.

460. The motion is presented within 30 days of the publication in the Gazette officielle du Québec of the notice contemplated in section 380 or within 30 days of a person’s being found guilty of a corrupt electoral practice where such a practice was used after the declaration of election.

However, in the case of a corrupt electoral practice contemplated in paragraph 1 of section 559, the motion is presented within 60 days following the sending of the return contemplated in section 432 of this Act or within 90 days following the sending of the return contemplated in section 434 of this Act, as the case may be.

1989, c. 1, s. 460.

461. The motion must state the facts giving rise to it and the allegations must be supported by an affidavit.

The Chief Electoral Officer and the returning officer for the division where the election is contested shall be made parties to the case.

1989, c. 1, s. 461.

462. The motion to contest the election shall be heard by three judges and the judgment shall be rendered by a majority of such judges.

If a judge who has heard the case dies before judgment or if he is unable, due to any circumstance, to participate in the judgment, and the other two judges are in agreement and are prepared to render judgment on the motion, these two judges may render judgment.

1989, c. 1, s. 462.

463. The motion shall be served on the parties and be accompanied with notice of not less than ten clear days of its date of presentation.

1989, c. 1, s. 463.

464. Proceedings are conducted in accordance with the ordinary rules of the Code of Civil Procedure (chapter C-25), but the motion is heard and decided by preference.

1989, c. 1, s. 464.

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

1989, c. 1, s. 465.

466. The vacancy of the seat of the defendant Member does not prevent the making of the motion or interrupt the hearing.

Convocation, prorogation or dissolution of the National Assembly does not suspend proceedings.

1989, c. 1, s. 466.

467. The court shall decide whether

(1)  the election is void;

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

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

1989, c. 1, s. 467.

468. If the hearing establishes

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

(2)  that a corrupt electoral practice was used by the representative, mandatary or official agent of a candidate, the election of that candidate is void.

The election of a candidate shall not be declared void pursuant to subparagraph 2 of the first paragraph if it is established that the deed is of minor gravity and could not have affected the result of the election, and if the candidate took reasonable precautions.

1989, c. 1, s. 468.

469. If the hearing establishes that a candidate, personally or through another person, committed an offence contemplated in section 557 or 558, the court shall subtract, from the number of votes which appear to have been given in favour of that candidate, one vote for each person who voted at that election and in respect of whom, according to the evidence, that candidate is guilty of that offence.

1989, c. 1, s. 469.

470. The election of a candidate shall not be declared void by reason of an offence against this Act, or the regulations hereunder, if it does not constitute a corrupt electoral practice and if the court comes to the conclusion that the offence could not have changed or significantly affected the result of the election.

1989, c. 1, s. 470.

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

1989, c. 1, s. 471.

472. No election may be declared void by reason of a failure to observe the prescribed time limits, unless the inobservance has affected the result of the election.

1989, c. 1, s. 472.

473. No election may be declared void by reason of the fact that a person who supports a nomination paper is not an elector or is not domiciled in the electoral division for which the nomination is filed.

1989, c. 1, s. 473.

474. Every person convicted of a corrupt electoral practice under this title is disqualified under section 568.

1989, c. 1, s. 474.

475. An appeal lies to the Court of Appeal from the final judgment rendered on the motion.

The appeal must be brought within 15 days from the judgment.

No appeal lies from any interlocutory judgment.

1989, c. 1, s. 475.

476. The ordinary rules of the Code of Civil Procedure (chapter C-25) apply to the proceedings, but the appeal is heard by preference.

The judgment rendered by the Court of Appeal is final and no appeal lies from it.

1989, c. 1, s. 476.

477. Once the judgment acquires the status of res judicata, the Chief Electoral Officer shall transmit a certified copy of that decision to the President or to the Secretary General of the National Assembly, who shall immediately inform the Members.

Where the decision changes the results of the election, the Chief Electoral Officer shall proceed in accordance with section 380.

1989, c. 1, s. 477.

TITLE VI ELECTORAL ORGANS

CHAPTER I THE CHIEF ELECTORAL OFFICER

DIVISION I APPOINTMENT

478. On a motion of the Prime Minister, the National Assembly, by a resolution approved by two-thirds of its Members, shall appoint a Chief Electoral Officer chosen from among the electors and fix his salary and other conditions of employment.

1989, c. 1, s. 478.

479. The term of office of the Chief Electoral Officer is seven years; notwithstanding the expiry of his term of office, the Chief Electoral Officer shall remain in office until he is reappointed or replaced.

1989, c. 1, s. 479.

480. The Chief Electoral Officer may resign at any time by giving notice in writing to the President of the National Assembly; he shall not be dismissed except by a resolution approved by two-thirds of the Members of the Assembly.

1989, c. 1, s. 480.

481. Before taking office, the Chief Electoral Officer shall make the oath provided in Schedule II before the President of the National Assembly.

1989, c. 1, s. 481.

482. The Chief Electoral Officer shall devote his time exclusively to the duties of his office.

1989, c. 1, s. 482.

483. If the Chief Electoral Officer becomes incapacitated or in case of vacancy, the Government may, after consulting the leaders of the authorized parties represented in the National Assembly, designate a person to perform the duties of the Chief Electoral Officer for a period not exceeding six months, with such salary as it may fix.

The designated person shall also act as chairman of the Commission de la représentation.

1989, c. 1, s. 483.

484. The Chief Electoral Officer may elect to contribute to a retirement plan if, before his appointment, he reaches an agreement on the terms of the plan with an authorized representative of the Government.

The order of the Government giving effect to the agreement contemplated in the first paragraph must be made within 90 days after the date of the Chief Electoral Officer’s appointment and has effect from the date of his taking office.

1989, c. 1, s. 484.

DIVISION II FUNCTIONS AND POWERS

485. The function of the Chief Electoral Officer is, in particular, to see to the administration of this Act.

He shall carry out every mandate which the National Assembly entrusts to him. The Government may consult him about any legislation pertaining to elections.

He may conduct an analysis and assessment of electoral procedures and conduct studies on the financing of political parties. After having sought the advice of the advisory committee, he may also carry out any other research he considers advisable.

The Chief Electoral Officer may, with the authorization of the Government, provide assistance and cooperation to other countries or to international organizations in election matters, in particular at the material, professional or technical level.

1989, c. 1, s. 485; 1992, c. 38, s. 73.

486. In respect of this Act, the Chief Electoral Officer shall, in particular,

(1)  ensure the training of the election officers;

(1.1)  ensure the updating of the information contained in the permanent list of electors;

(2)  supervise the progress of the enumeration, the revision and the voting;

(3)  issue directives for the administration of this Act;

(4)  receive complaints and make inquiries where he considers it necessary.

He may also prescribe the text of any forms and documents which serve for the administration of this Act.

1989, c. 1, s. 486; 1995, c. 23, s. 41.

487. In respect of the financing of political parties and the control of election expenses, the Chief Electoral Officer shall, in particular,

(1)  authorize parties, party authorities, independent Members and independent candidates;

(2)  verify that the parties, party authorities, independent Members and candidates are complying with the provisions of the Act;

(3)  receive and examine the financial reports and statements and returns of election expenses;

(4)  inquire into the legality of expenditures incurred by an authorized entity, and election contributions and expenses.

1989, c. 1, s. 487; 1998, c. 52, s. 78.

488. In respect of public information, the chief electoral officer shall, in particular,

(1)  provide any person applying therefor with advice and information regarding the administration of this Act;

(2)  give the public access to the information, reports, returns or documents relating to this Act;

(3)  maintain a public centre for information on this Act;

(4)  regularly hold information meetings and conferences for the benefit of the political parties and the public;

(5)  at the request of a political party, furnish the information required for the training of the representatives of candidates, while allowing the other parties to delegate observers;

(6)  make any public advertisements he considers necessary.

1989, c. 1, s. 488.

488.1. Where an election is ordered in conformity with this Act, sections 49 to 49.4 and section 49.5.1 of the Financial Administration Act (chapter A-6) and the Act respecting government services to departments and public bodies (chapter S-6.1) cannot apply to the chief electoral officer in matters concerning the acquisition or construction of property or the leasing and supply of goods and services necessary for the holding of the election.

1991, c. 73, s. 4; 1994, c. 18, s. 37.

489. The chief electoral officer may, at a by-election, test new voting procedures, following an agreement with the leaders of the authorized parties represented in the National Assembly.

The agreement shall describe the new voting procedures, refer to the provisions of this Act that it replaces and be signed by each of the persons concerned.

The agreement has force of law.

1989, c. 1, s. 489.

489.1. The chief electoral officer, with the consent of the authorized parties represented in the National Assembly, may, where circumstances so require, in particular, by reason of the area or distance involved, adapt the provisions concerning the enumeration of electors, the revision process, the filing of nomination papers or the advance poll.

1992, c. 38, s. 74; 1995, c. 23, s. 42.

490. If, during the election period or during an enumeration or revision period, it comes to the attention of the Chief Electoral Officer that, subsequent to an error, emergency or exceptional circumstance, a provision of this Act does not meet the demands of the resultant situation, he may adapt such provision in order to achieve its object.

However, the Chief Electoral Officer shall first inform the authorized parties represented in the National Assembly of the decision he intends to make and shall use all necessary means to inform the other authorized parties, the candidates and the electors concerned of his decision.

Within 30 days following polling day or the end of the enumeration or revision, the Chief Electoral Officer shall transmit to the President or the Secretary General of the National Assembly a report of the decisions he has made pursuant to this section. The President shall table the report in the National Assembly within 30 days of having received it or, if the National Assembly is not sitting, within 30 days of resumption.

1989, c. 1, s. 490; 1995, c. 23, s. 43; 1999, c. 15, s. 23.

491. The Chief Electoral Officer, of his own initiative or at the request of another person, may inquire into the administration of this Act.

1989, c. 1, s. 491.

492. The Chief Electoral Officer may refuse to make or to pursue an inquiry where he considers the request frivolous, vexatious or made in bad faith, or unnecessary in the circumstances.

1989, c. 1, s. 492.

493. Each time the Chief Electoral Officer refuses to make or to pursue an inquiry at the request of a person, he shall inform that person of his refusal and give the reasons therefor in writing.

1989, c. 1, s. 493.

494. In respect of his inquiries, the Chief Electoral Officer or any person designated by him is vested with the powers and immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment.

Articles 307 to 309 of the Code of Civil Procedure (chapter C-25) apply to witnesses heard at an inquiry.

1989, c. 1, s. 494; 1999, c. 15, s. 24.

DIVISION III THE PERSONNEL OF THE CHIEF ELECTORAL OFFICER

495. The personnel required by the chief electoral officer shall be appointed and remunerated in accordance with the Public Service Act (chapter F-3.1.1).

The powers conferred by the said Act on a deputy minister or on the chief executive officer of an agency are conferred on the Government which may delegate them wholly or in part to the chief electoral officer.

1989, c. 1, s. 495.

496. The Chief Electoral Officer may appoint two assistants to assist him in the carrying out of his duties. He shall determine the level of their position, and if, consequent upon such determination, the Public Service Act (chapter F-3.1.1) is not applicable to an assistant, it is hereby made applicable to him without any other formality.

The Chief Electoral Officer may generally or specially delegate the exercise of the powers and duties conferred on him by this Act to his assistants. The act of delegation shall be published in the Gazette officielle du Québec.

1989, c. 1, s. 496.

497. The Chief Electoral Officer may retain, on a temporary basis, the services of any persons he considers necessary, and fix their remuneration and expenses.

1989, c. 1, s. 497.

498. The chief electoral officer shall define the duties of the members of his personnel and direct their work.

No member of the personnel may engage in partisan work or act, except in connection with the voting of inmates and the voting of electors outside Québec, as an election officer.

1989, c. 1, s. 498.

499. Before taking office, the members of the personnel of the Chief Electoral Officer shall make the oath provided in Schedule II before the Chief Electoral Officer or the person he designates.

1989, c. 1, s. 499.

500. Documents and copies emanating from the Chief Electoral Officer or his personnel are authentic if they are signed by the Chief Electoral Officer or by a member of his personnel but, in the latter case, only to the extent determined by regulation.

1989, c. 1, s. 500.

501. No deed, document or writing binds the chief electoral officer or may be attributed to him unless it is signed by him, by a member of his personnel or by the assistant to the chairman of the Commission de la représentation, if any, and, in the latter two cases, only to the extent determined by regulation.

1989, c. 1, s. 501; 1998, c. 52, s. 79.

CHAPTER II THE RETURNING OFFICER

502. The Chief Electoral Officer shall appoint a returning officer for each electoral division.

1989, c. 1, s. 502.

503. The appointment of a returning officer shall be made after a public competition among the qualified electors domiciled in the electoral division concerned or in a contiguous electoral division, provided, in this latter case, that the person is able to carry out his duties in as satisfactory a manner as if he were domiciled in the electoral division for which he is appointed.

The competition shall be designed to allow impartial consideration of the merits of the candidates.

The selection shall be based on criteria of qualifications and competence and the appointment shall be made according to the order of merit of the candidates.

1989, c. 1, s. 503.

504. A notice of the competition shall be published by the Chief Electoral Officer so as to allow every qualified person a reasonable opportunity to apply.

1989, c. 1, s. 504.

505. The term of office of a returning officer is ten years. Notwithstanding the expiry of his term of office, he shall remain in office until he is reappointed or replaced.

1989, c. 1, s. 505.

506. If a returning officer is absent or incapacitated or if the office of returning officer is vacant, the Chief Electoral Officer may appoint a substitute for him. The substitute shall hold all the powers and duties of a returning officer.

Such an appointment ceases to have effect immediately upon the termination of the absence or incapacity or the appointment of a new returning officer.

1989, c. 1, s. 506.

507. The conditions of exercise of the duties of a returning officer shall be determined by regulation.

1989, c. 1, s. 507.

508. On the appointment of a returning officer, the Chief Electoral Officer shall publish a notice of it in the Gazette officielle du Québec.

1989, c. 1, s. 508.

509. Before taking office, a returning officer shall make the oath provided in Schedule II before the Chief Electoral Officer or the person designated by him.

1989, c. 1, s. 509.

510. On being appointed, the returning officer shall appoint an assistant returning officer, who shall not be his spouse nor be related or allied to him.

If the returning officer considers it necessary, he may, with the consent of the chief electoral officer, appoint one or more assistants to help the assistant returning officer in the exercise of his duties.

He may, in the same manner, appoint aides to assist him in the performance of his duties.

1989, c. 1, s. 510.

511. The assistant returning officer shall assist the returning officer in the exercise of his duties and replace him in case of his absence or while he is incapacitated, unless the Chief Electoral Officer exercises his powers under section 506.

1989, c. 1, s. 511.

512. The returning officer, under the authority of the Chief Electoral Officer, is responsible, in the electoral division to which he is appointed, for the administration of this Act and the training of election officers.

1989, c. 1, s. 512.

513. The Chief Electoral Officer may dismiss a returning officer who fails to perform his duties, engages in partisan work or is not qualified to hold the office or who does not comply with one of the requirements of the office.

1989, c. 1, s. 513.

CHAPTER III ADVISORY COMMITTEE

514. An advisory committee is hereby established.

1989, c. 1, s. 514.

515. The committee shall be composed of the Chief Electoral Officer and of three representatives of each authorized party represented in the National Assembly.

The leader of each party shall designate the representatives of the party, at least one of whom shall be a Member of the National Assembly.

1989, c. 1, s. 515.

516. The committee shall be presided over by the Chief Electoral Officer, who shall direct its activities and coordinate its work.

1989, c. 1, s. 516.

517. The majority of the members of the committee, including the chairman, are a quorum.

1989, c. 1, s. 517.

518. The chairman and the members of the committee are not remunerated.

Notwithstanding the foregoing, those members who are not Members of the National Assembly are entitled to the reimbursement of reasonable expenses incurred by them in the performance of their duties.

1989, c. 1, s. 518.

519. At the request of the chairman or of one-third of its members, the committee may meet as often as necessary to carry out its duties and functions.

1989, c. 1, s. 519.

520. The function of the committee is to give advice on any question relating to this Act, except matters respecting electoral representation.

1989, c. 1, s. 520.

521. The committee may make the results of its work public.

1989, c. 1, s. 521.

522. The Chief Electoral Officer shall consult the committee periodically with regard to the administration of this Act.

1989, c. 1, s. 522.

523. Prior to issuing any directive relating to the authorization and financing of political parties and independent candidates, and to the control of election expenses, the Chief Electoral Officer shall submit it to the committee.

He shall do likewise with every directive he is authorized to issue, except during an election period or enumeration period.

1989, c. 1, s. 523.

CHAPTER IV COMMISSION DE LA REPRÉSENTATION

DIVISION I COMPOSITION OF THE COMMISSION

524. The “Commission de la représentation” is hereby established.

1989, c. 1, s. 524.

525. The Commission shall consist of the Chief Electoral Officer, who shall be its chairman, and of two commissioners chosen from among persons who are qualified electors.

1989, c. 1, s. 525.

526. On a motion of the Prime Minister, the National Assembly, by a resolution approved by two-thirds of its members, shall appoint the commissioners.

1989, c. 1, s. 526.

527. The commissioners are entitled, for each day of sittings held under this Act, to a payment equal to 1 % of the minimum salary received annually by an administrator, Class V.

The Government shall determine the allowances to which the commissioners are entitled by using as a basis allowances granted to persons holding similar offices.

1989, c. 1, s. 527.

528. The commissioners shall be appointed for a term of office of five years.

At the expiry of their terms, they shall remain in office until they are reappointed or replaced.

1989, c. 1, s. 528.

529. Before taking office, the other commissioners shall make the oath provided for in Schedule II, before the President of the National Assembly.

1989, c. 1, s. 529.

530. The commissioners may resign, at any time, by notifying the President of the National Assembly in writing.

They cannot be dismissed except by a resolution of the National Assembly approved by two-thirds of its Members.

1989, c. 1, s. 530.

531. If one of the commissioners is unable to act or if his office becomes vacant, the National Assembly shall, within 60 days, appoint a new commissioner, according to the mode of appointment provided in section 526.

If the National Assembly is not in session, the Committee on the National Assembly shall appoint the new commissioner within the same time by a resolution approved by a majority of the members of each parliamentary group within the meaning of the Standing Orders of the National Assembly. The appointment must be approved by the National Assembly by a resolution approved by two-thirds of its Members within 30 days from resumption.

Any appointment under this section is valid for the unexpired portion of the term of the replaced commissioner.

1989, c. 1, s. 531.

DIVISION II FUNCTIONS AND POWERS

532. The function of the Commission is to establish the boundaries of the electoral divisions of Québec, taking into account the principles and criteria of representation set out in Chapter I of Title II of this Act.

The Commission shall make any necessary advertisements and give any information pertinent to the discharge of its function.

The Commission shall also carry out any other mandate that the National Assembly, on a motion of the Prime Minister, may entrust to it.

1989, c. 1, s. 532.

DIVISION III ORGANIZATION OF THE COMMISSION

533. The Commission may appoint a secretary and fix his salary or his additional salary in the case where the person appointed is a public servant under the Public Service Act (chapter F-3.1.1). It may also retain the services of any person.

1989, c. 1, s. 533.

534. Before taking office, the secretary shall make the oath provided for in Schedule II, before the chairman of the Commission.

1989, c. 1, s. 534.

535. The chairman shall direct the Commission and shall be responsible for its administration.

1989, c. 1, s. 535.

536. The Chief Electoral Officer shall, in the discharge of his duties, provide the Commission with all required assistance, including that of his personnel.

The chairman shall supervise and direct his personnel.

The Commission has no other personnel than that provided by the Chief Electoral Officer.

1989, c. 1, s. 536.

537. The chairman may appoint an assistant to assist him in the exercise of his duties. He shall choose him and determine his level of employment, and if, consequent upon such determination, the Public Service Act (chapter F-3.1.1) is not applicable to the assistant, it hereby becomes applicable to him without any other formality.

1989, c. 1, s. 537; 1998, c. 52, s. 80.

538. No member of the Commission, nor the assistant, nor the secretary, nor any member of the staff placed at the disposal of the Commission may be prosecuted for any official act performed in good faith in the exercise of his functions.

1989, c. 1, s. 538.

539. The minutes of Commission sittings and documents or copies emanating from the Commission are authentic if they are signed by the chairman, his assistant or the secretary.

1989, c. 1, s. 539.

540. No deed, document or writing binds the Commission or may be ascribed to it unless it is signed by the chairman, his assistant or the secretary and, in the two latter cases, only so far as prescribed by regulation of the Commission published in the Gazette officielle du Québec.

1989, c. 1, s. 540.

CHAPTER V ANNUAL REPORT AND FINANCIAL PROVISIONS

541. The sums required for the administration of this Act, as well as the sums required for the carrying out of responsibilities assigned to the chief electoral officer and the Commission de la représentation by the Referendum Act (chapter C-64.1) and by the Act respecting elections and referendums in municipalities (chapter E-2.2), are taken out of the consolidated revenue fund.

1989, c. 1, s. 541.

542. Not later than 30 September each year, the Chief Electoral Officer and the Commission de la représentation shall make a report of their activities, including a financial report, for the preceding fiscal year to the President of the National Assembly.

The report shall, in particular, contain a statement of the complaints received and how each was dealt with, the informational and training activities carried on, the requests for access to the lists of electors and the activities engaged in at the international level. The Chief Electoral Officer may, in his report, recommend new election procedures or new rules regarding the financing of political parties.

The report of the Chief Electoral Officer shall, in addition, give an account of the management of the permanent list of electors and include an assessment of the quality of the information it contains. The Chief Electoral Officer may recommend the holding of an enumeration or revision or the implementation of any other measure allowing a total or partial verification of the permanent list of electors.

The President of the National Assembly shall table the reports before the National Assembly within 15 days of receiving them or, if it is not sitting, within 15 days of resumption.

1989, c. 1, s. 542; 1992, c. 38, s. 75; 1995, c. 23, s. 44.

542.1. Where it is recommended in the report of the Chief Electoral Officer that a verification of the permanent list of electors be carried out, the report shall be submitted to the Committee on the National Assembly or the committee designated by it, for examination.

1995, c. 23, s. 45.

543. Each year, the Chief Electoral Officer and the Commission de la représentation shall prepare the budgetary estimates and remit them to the President of the National Assembly before 1 April.

Where, during the fiscal year, the Chief Electoral Officer or the Commission de la représentation foresees that the budgetary estimates will be exceeded for purposes other than those contemplated in section 545, they shall prepare supplementary estimates and remit them to the President of the National Assembly.

1989, c. 1, s. 543.

544. The National Assembly shall refer, to a parliamentary committee, the budgetary estimates of the Chief Electoral Officer and of the Commission de la représentation, and they shall furnish the parliamentary committee with a preliminary financial report for the preceding fiscal year.

1989, c. 1, s. 544.

545. The committee may also study the expenditures made in view of a polling or at the time of a polling, and expenditures made for any mandate that the National Assembly entrusted to the Chief Electoral Officer or to the Commission de la représentation and which were impossible to include in the budget for the preceding fiscal year.

1989, c. 1, s. 545.

546. The committee shall approve the budget and table its report in the National Assembly.

1989, c. 1, s. 546.

547. The examination in parliamentary committee of the budget of the Commission de la représentation shall not take place while boundaries of electoral divisions are being established.

In such a case, the mere tabling in the National Assembly of the budget of the Commission shall take the place of its approval.

1989, c. 1, s. 547.

548. Within three months from publication of the list of electoral divisions in the Gazette officielle du Québec, the Commission de la représentation shall remit to the President of the National Assembly a report of any expenses related to the establishment of the boundaries of the electoral divisions.

1989, c. 1, s. 548.

TITLE VII REGULATIONS

549. The Government may, by regulation,

(1)  establish a tariff of remuneration and expenses of election officers and members of the permanent board of revisors;

(1.1)  establish a tariff of fees payable for the production of a list to be used for a municipal or school election or the registration of qualified electors;

(1.2)  establish a tariff of fees payable for the transmission of information contained in the permanent list of electors for the purpose of drawing up a list to be used in a federal poll;

(2)  establish a tariff of costs for a judicial recount;

(3)  determine the maximum amount of the expenses that may be incurred by the chief electoral officer under the third paragraph of section 137;

(4)  determine, after consultation with the advisory committee, the documents issued by the Government or a government department or body or recognized by the Government that may be produced for the purposes of the second paragraph of section 337.

1989, c. 1, s. 549; 1995, c. 23, s. 46; 1999, c. 15, s. 25.

550. The chief electoral officer shall draft regulations on those matters which must be provided for by regulation under this Act, except on those contemplated in section 549.

The draft regulations shall be submitted for approval to the Committee on the National Assembly.

A regulation comes into force on the fifteenth day following its publication in the Gazette officielle du Québec or on any later date indicated therein.

1989, c. 1, s. 550.

TITLE VIII PENAL PROVISIONS

551. The following persons are liable to a fine of $100 to $1,000 for a first offence and of $200 to $2,000 for any subsequent offence within five years:

(1)  every owner, administrator, superintendent or caretaker of a multiple-dwelling building who limits, restricts or fails to facilitate access to the building by an enumerator or a person entrusted with distributing the list of electors;

(2)  every executive director of an institution referred to in section 3 who limits, restricts or fails to facilitate access to a facility maintained by that institution by an enumerator or a person entrusted with distributing the list of electors;

(3)  every enumerator or revisor who refuses or neglects to perform his duties in accordance with the provisions of this Act;

(4)  (paragraph repealed).

1989, c. 1, s. 551; 1992, c. 21, s. 164; 1995, c. 23, s. 47; 1997, c. 8, s. 18.

551.1. The following persons are liable to a fine of $500 to $2,000:

(1)  every person who signs an enumeration slip that contains information he knows to be false or inaccurate or who makes a false declaration to an enumerator;

(2)  every person who, knowingly, enters on the permanent list of electors or on a list of electors the name of a person who is not qualified as an elector or who is not entitled to have his name entered where it is entered;

(3)  every person who, knowingly, omits to enter on the permanent list of electors or on a list of electors the name of a person whose name should be entered;

(4)  every person who applies to have the name of a person he knows to be fictitious or deceased, or of a person who is not qualified as an elector or who is not entitled to have his name entered, entered on the permanent list of electors or on a list of electors;

(5)  every person who applies to have his name entered on the list of electors for a polling subdivision knowing that he is not entitled thereto;

(6)  every person who applies to have the name of a person he knows is entitled to have his name entered struck off the list of electors;

(7)  every person who strikes off the permanent list of electors or off a list of electors the name of a person he knows is entitled to have his name entered.

1995, c. 23, s. 47.

551.1.0.1. Every person who writes down or otherwise records information contained in a document produced pursuant to section 335.2 or pursuant to the second paragraph of section 337 is liable to a fine of $500 to $2,000.

1999, c. 15, s. 26.

551.1.1. Every person who uses, communicates or allows to be communicated, for purposes other than those provided for in this Act, or who communicates or allows to be communicated to a person not legally entitled thereto, any information relating to electors is liable to a fine of $500 to $2,000.

1997, c. 8, s. 19.

551.2. Every person who, for commercial purposes or for profit, uses a list of electors or any information contained in a document produced pursuant to section 335.2 or pursuant to the second paragraph of section 337 is liable to a fine of $1,000 to $10,000, in the case of a natural person, and of $3,000 to $30,000, in the case of a legal person.

1995, c. 23, s. 47; 1999, c. 15, s. 27.

551.3. Every person who, without authorization, attempts to gain or gains access to the register of electors or the register of territories by electronic or telematic means, is liable to a fine of $1,000 to $10,000, in the case of a natural person, and of $3,000 to $30,000, in the case of a legal person.

1995, c. 23, s. 47.

551.4. Where a person is convicted of an offence under section 551.1.1, 551.2 or 551.3, a judge may, on an application by the prosecutor which is attached to the statement of offence, in addition to imposing any other penalty, impose an additional fine of an amount equal to the amount of the monetary benefit acquired by or accrued to the person as a result of the commission of the offence, even if the maximum fine under another provision has been imposed on him.

1997, c. 8, s. 20.

552. The following persons are liable to a fine of $100 to $1 000 for a first offence and of $200 to $2 000 for every subsequent offence within five years:

(1)  every person who offers himself as a candidate, knowing he is disqualified;

(2)  every person who supports a nomination paper, when he is not an elector whose name is entered on the list of electors for the electoral division for which the nomination paper is filed;

(3)  every person who uses the signature of others as support on a nomination paper;

(4)  every candidate or every mandatary of a candidate who collects signatures of support and falsely declares that he knows the persons whose names appear on the nomination papers, that they signed in his presence or that they are electors in the electoral division;

(5)  every person who collects signatures of support without being a candidate or mandatary;

(6)  every candidate who signs more than one nomination paper;

(7)  every person who presents himself as a candidate of an authorized party, when the letter contemplated in section 241 is false;

(8)  every returning officer who accepts a nomination paper which is improper or not accompanied with all the required documents.

1989, c. 1, s. 552; 1998, c. 52, s. 81.

553. The following persons are liable to a fine of $100 to $1 000 for a first offence and of $200 to $2 000 for any subsequent offence within five years:

(1)  every executive director of an institution referred to in section 3 who hinders access to a mobile polling station;

(2)  every person who modifies or imitates the initials of the deputy returning officer;

(3)  every person who acts as the representative of a candidate using a false power of attorney;

(4)  every election officer who arrives late at the polling station in order to delay the opening of the poll.

1989, c. 1, s. 553; 1992, c. 21, s. 165; 1995, c. 23, s. 48.

553.1. The following persons are liable to a fine of $500 to $2,000:

(1)  every person who votes more than once at the same election;

(2)  every deputy returning officer who permits a person to vote without being registered on the list of electors or without having obtained an authorization to vote;

(2.1)  every person who, to be admitted to vote or to allow someone to vote, makes a false declaration, produces a fraudulent document as identification or assumes the identity of another person;

(3)  every person who votes without being entitled to vote;

(4)  every deputy returning officer who remits a ballot paper to a person who refuses to make the oath required;

(5)  every deputy returning officer who knowingly admits to vote a person who has already voted.

1995, c. 23, s. 48; 1998, c. 52, s. 82; 1999, c. 15, s. 28.

554. The following persons are liable to a fine of $100 to $1,000 for a first offence and of $200 to $2,000 for every subsequent offence within five years:

(1)  every person who falsifies the statement of votes;

(2)  every person who knowingly destroys a ballot paper before the end of the period for the contestation of the election;

(3)  every returning officer who makes a fraudulent declaration or issues a fraudulent declaration of election.

1989, c. 1, s. 554.

555. The following persons are liable to a fine of $100 to $1,000 for a first offence and of $200 to $2,000 for every subsequent offence within five years:

(1)  every person who performs duties reserved to the election officers without being qualified therefor, without being officially appointed or without making the oath required;

(1.1)  every person who misinterprets the law intentionally;

(1.2)  every person who counterfeits or misappropriates for partisan purposes a document emanating from the Chief Electoral Officer;

(2)  every person who hinders the work of an election officer;

(3)  the Chief Electoral Officer and every member of his personnel or election officer who fraudulently neglects or refuses to act or acts against this Act;

(4)  every election officer who, having been dismissed or having ceased to carry out his duties, refuses to return the official documents in his possession to the returning officer or, in the case of the returning officer, to the Chief Electoral Officer.

1989, c. 1, s. 555; 1998, c. 52, s. 83.

556. The following persons are liable to a fine of $100 to $1,000 for a first offence and of $200 to $2,000 for every subsequent offence within five years, in the case of a natural person, or, in the case of a legal person, to a fine of $300 to $3,000 for a first offence and of $600 to $6,000 for every subsequent offence within five years:

(1)  every employer who contravenes section 144, 248 to 254 or 335;

(2)  every employer who uses his authority or his influence to incite any of his employees to refuse to become an election officer or to abandon that office after having accepted it;

(3)  every person who, illegally and without right, counterfeits, manufactures, removes, uses, destroys, gives, sells or issues any badge to be used by the enumerators;

(4)  every person who knowingly spreads false news of the withdrawal of a candidate;

(5)  every person who knowingly prints or uses a false ballot paper or alters or counterfeits a ballot paper.

1989, c. 1, s. 556.

556.1. The following persons are liable to a fine of $200 to $1,000:

(1)  every person who erects an election poster or billboard in contravention of any of the provisions of sections 259.2 to 259.5 or of the conditions provided in the first paragraph of section 259.7;

(2)  every person who affixes an election banner, streamer or flag on a public utility pole.

1998, c. 52, s. 84.

557. Every person who knowingly violates or attempts to violate the secrecy of voting, inhibits or attempts to inhibit the freedom to vote, prevents or attempts to prevent any procedure relating to the vote, or alters or attempts to alter the results of the election, is liable, in the case of a natural person, to a fine of $1,000 to $10,000 or, in the case of a legal person, to a fine of $3,000 to $30,000.

1989, c. 1, s. 557.

558. The following persons are liable to a fine of $1,000 to $10,000:

(1)  every candidate or every person who later becomes a candidate who, in order to influence the vote of an elector, obtains or attempts to obtain, by himself or through another person, his vote or incites him to refrain from voting by promising or granting him any gift, loan, office, employment or other benefit;

(2)  every person who, in order to obtain or because he has obtained a gift, loan, office, employment or any other benefit, agrees to refrain from voting or to vote for a candidate, or incites a person to refrain from voting or to vote for a candidate.

The first paragraph does not apply

(1)  to an official agent who provides, as election expenses, food and beverages to electors or a person working to promote the election of a candidate at an election;

(2)  to any person other than an official agent who, at his own expense, provides food and beverages at a private meeting of electors held to promote the election of a candidate at an election; or

(3)  to any person accepting food or beverages.

1989, c. 1, s. 558; 1992, c. 38, s. 76.

559. Every official agent is liable to a fine of $1,000 to $10,000 who

(1)  incurs or authorizes election expenses exceeding the maximum fixed by section 426;

(2)  files a false report, return or statement;

(3)  produces a false or falsified invoice, receipt or other voucher;

(4)  after filing his report or return, pays a claim otherwise than as permitted by section 445.

Every elector referred to in section 457.3 or in the last paragraph of section 457.4 who makes a false declaration, files a false report or produces a false or falsified invoice, receipt or voucher is also liable to a fine of $1,000 to $10,000.

1989, c. 1, s. 559; 1998, c. 52, s. 85.

559.1. The following persons are liable to a fine of $1,000 to $10,000:

(1)  every person who attempts to incur an election expense otherwise than as permitted by this Act;

(2)  every person who makes a false invoice, receipt or voucher;

(3)  every person who falsifies an invoice, receipt or voucher.

1998, c. 52, s. 86.

560. Every candidate or party leader who allows any election expense to be incurred or paid for otherwise than as permitted by this Act is liable to a fine of $1,000 to $10,000.

1989, c. 1, s. 560.

561. Every person who solicits or collects contributions or incurs expenses without holding an authorization from the Chief Electoral Officer is liable to a fine of $1,000 to $10,000 in the case of a natural person or, in the case of a legal person, to a fine of $3,000 to $30,000.

1989, c. 1, s. 561.

562. The Member who sits or votes in the National Assembly contrary to section 127 or 442 is liable to a fine of $500 for each day on which he so sits or votes.

1989, c. 1, s. 562; 1998, c. 52, s. 87.

563. Every person who fails to file a report or return prescribed by Titles III and IV or to pay within the prescribed time a claim made by the Chief Electoral Officer under section 453 or section 455 is liable to a fine of $50 for each day of delay.

1989, c. 1, s. 563.

564. Every person who contravenes any of sections 62, 64, 66, 74, 76, 87 to 93, 95 to 97, 99, 100, 102 to 106, 408, 410, 413 to 424, 429, 429.1, 457.9 and 457.11 to 457.17 is liable to a fine of $500 to $10,000.

1989, c. 1, s. 564; 1995, c. 23, s. 49; 1998, c. 52, s. 88.

565. Every person who contravenes any provision of this Act or the regulations hereunder for which no other penalty is provided is liable to a fine of not more than $500.

1989, c. 1, s. 565.

566. Every person who, by his act or omission, aids another person to commit an offence is guilty of the offence if he knew or should have known that his conduct would probably result in aiding to commit the offence.

Every person who encourages, advises, allows, authorizes or orders another person to commit an offence is guilty of the offence, and of any other offence the other person commits if he knew or should have known that his conduct would probably result in the commission of the offences.

The fact that no means or plan for committing the offence was proposed or that it was committed otherwise than as proposed does not constitute a defence.

1989, c. 1, s. 566; 1998, c. 52, s. 89.

567. Any offence described in section 551.1 or 553.1, in paragraph 1 or 3 of section 554, in paragraph 3 of section 555, in paragraph 4 of section 556 or in sections 557 to 560 is a corrupt electoral practice.

Notwithstanding the foregoing, in the case of an offence described in paragraph 1 of section 559, the judge may rule that the alleged offence is not a corrupt electoral practice if, pursuant to a judgment rendered under the second paragraph of section 445, the election expenses incurred or authorized by the official agent exceed the maximum fixed by section 426 and if the refusal or failure to pay the contested expense arises from an error in good faith.

1989, c. 1, s. 567; 1995, c. 23, s. 50.

568. Every person who is convicted of an offence that is a corrupt electoral practice loses, for a period of five years from the judgment, the right to engage in partisan work, vote or be a candidate in an election and, for the same period, shall not hold any office to which appointment is made by an order of the Government or by a resolution of the National Assembly.

Furthermore, where the person convicted of an offence contemplated in section 557 or 558 is a Member of the National Assembly, his election is void.

1989, c. 1, s. 568; 1990, c. 4, s. 965.

568.1. Where a penalty greater than the minimum penalty is requested, the judge shall have regard, in particular, to the following criteria if they are alleged by the prosecutor in the statement of offence:

(1)  the fact that it is a second or subsequent conviction;

(2)  the status of the offender;

(3)  the size of the expense or contribution.

1998, c. 52, s. 90.

569. The Chief Electoral Officer may institute penal proceedings for an offence under this title.

Such proceedings shall be prescribed by one year from the date on which the prosecutor became aware of the commission of the offence. However, no proceedings may be instituted where more than five years have elapsed from the commission of the offence.

1989, c. 1, s. 569; 1990, c. 4, s. 966; 1992, c. 61, s. 285.

TITLE IX AMENDMENTS AND MISCELLANEOUS, TRANSITIONAL AND FINAL PROVISIONS

CHAPTER I MISCELLANEOUS PROVISIONS

570. Notwithstanding section 89 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), no person may request the correction of personal information contained in the permanent list of electors or the list to be used for an election otherwise than as provided for by this Act.

Notwithstanding section 125 of the said Act, only the Chief Electoral Officer may grant the authorization provided for in that section.

Notwithstanding section 9 of the said Act, ballot papers are accessible only in the manner prescribed by this Act.

1989, c. 1, s. 570; 1995, c. 23, s. 51.

571. No warrant of arrest may be executed against an election officer on polling day.

1989, c. 1, s. 571.

572. No elector qualified to vote is bound to appear as a witness before a judge or court on polling day.

1989, c. 1, s. 572.

572.1. Notwithstanding any general law or special Act, neither the Chief Electoral Officer nor his employees may be compelled to give testimony relating to information obtained in the performance of their duties or to produce any document containing such information.

1999, c. 15, s. 29.

572.2. No proceedings may be brought against the Chief Electoral Officer or his employees by reason of an act or omission in good faith in the performance of their duties.

1999, c. 15, s. 29.

572.3. No civil action may be instituted by reason of the publication of a report of the Chief Electoral Officer or of the publication in good faith of an extract from or a summary of such a report.

1999, c. 15, s. 29.

573. Except with respect to a matter of jurisdiction, no recourse under section 33 of the Code of Civil Procedure (chapter C-25) nor any extraordinary recourse or provisional remedy provided in the said Code lies against the Chief Electoral Officer, any member of his personnel or any election officer, or against the Commission de la représentation, any of its members or any member of its personnel, in the performance of his or its duties.

A judge of the Court of Appeal may, on a motion, summarily annul any writ, order or injunction issued or granted contrary to this section.

1989, c. 1, s. 573.

CHAPTER II TRANSITIONAL PROVISIONS

574. (Omitted).

1989, c. 1, s. 574.

575. The Chief Electoral Officer in office on 24 April 1989 shall remain in office and the provisions applicable to his salary as Chief Electoral Officer and as chairman of the Commission de la représentation, to his dismissal and to his pension remain in force with respect to him.

For the purposes of section 231 of the Courts of Justice Act (chapter T-16), the annual salary taken into consideration corresponds to the salary referred to in the first paragraph, regardless of the exclusion concerning additional remuneration set out in the second paragraph, from the date on which he took office.

The Chief Electoral Officer must, for the purposes of Part VI of the Courts of Justice Act, pay the contributions he should have paid from the date on which he took office. The contributions are computed in respect of the total salary received by him from that date as Chief Electoral Officer, and as chairman of the Commission de la représentation, with interest at 6%, computed annually from the midpoint of the year during which the contribution should have been paid until the date of the payment to the Commission administrative des régimes de retraite et d’assurances.

The Chief Electoral Officer must pay the amounts determined under the third paragraph within 90 days of receiving a notice from the Commission.

1989, c. 1, s. 575; 1992, c. 38, s. 77.

576. Every person in office on 24 April 1989 and appointed under a provision replaced by this Act continues to hold office until the expiry of the term for which he was appointed or until he is replaced or until he ceases to perform his duties according to law. The person is deemed, where such is the case, to have been appointed under the corresponding provision of this Act.

The first paragraph does not prevent a person from continuing to perform his duties, notwithstanding the expiry of the term for which he was appointed, until he is replaced or reappointed, where the law so provides.

1989, c. 1, s. 576.

577. All regulations, orders and directives made or issued under the Election Act (chapter E-3.2) shall continue to be in force until they are repealed, replaced or amended by regulations, orders or directives made or issued under this Act.

1989, c. 1, s. 577.

578. All authorizations granted to parties, party authorities or independent candidates under the Election Act (chapter E-3.2) before 24 April 1989 remain in force under this Act.

1989, c. 1, s. 578.

579. Proceedings relating to an offence under the Election Act (chapter E-3.2) shall be brought or continued in accordance with that Act.

1989, c. 1, s. 579.

580. All sums made available to the Chief Electoral Officer under the Election Act (chapter E-3.2) and to the Commission de la représentation under the Act respecting electoral representation (chapter R-24.1) are hereby transferred to them without other formality.

1989, c. 1, s. 580.

CHAPTER III AMENDMENTS AND FINAL PROVISIONS

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

1989, c. 1, s. 581.

582. (Amendment integrated into c. A-23.1, s. 1).

1989, c. 1, s. 582.

583. (Amendment integrated into c. A-23.1, s. 17).

1989, c. 1, s. 583.

584. (Amendment integrated into c. C-64.1, s. 1).

1989, c. 1, s. 584.

585. (Amendment integrated into c. C-64.1, s. 13).

1989, c. 1, s. 585.

586. (Amendment integrated into c. C-64.1, s. 16).

1989, c. 1, s. 586.

587. (Omitted).

1989, c. 1, s. 587.

588. (Amendment integrated into c. C-64.1, s. 18).

1989, c. 1, s. 588.

589. (Amendment integrated into c. C-64.1, s. 28).

1989, c. 1, s. 589.

590. (Amendment integrated into c. C-64.1, s. 37).

1989, c. 1, s. 590.

591. (Amendment integrated into c. C-64.1, s. 42).

1989, c. 1, s. 591.

592. (Amendment integrated into c. C-64.1, s. 43).

1989, c. 1, s. 592.

593. (Amendment integrated into c. C-64.1, s. 44).

1989, c. 1, s. 593.

594. (Amendment integrated into c. C-64.1, s. 45).

1989, c. 1, s. 594.

595. (Amendment integrated into c. C-64.1, Appendix 2).

1989, c. 1, s. 595.

596. (Amendment integrated into c. E-2.2, s. 53).

1989, c. 1, s. 596.

597. (Amendment integrated into c. E-2.2, s. 69).

1989, c. 1, s. 597.

598. (Amendment integrated into c. E-2.2, s. 97).

1989, c. 1, s. 598.

599. (Amendment integrated into c. E-2.2, s. 301).

1989, c. 1, s. 599.

600. (Amendment integrated into c. E-2.2, s. 383).

1989, c. 1, s. 600.

601. (Amendment integrated into c. E-2.2, s. 389).

1989, c. 1, s. 601.

602. (Amendment integrated into c. E-2.2, s. 524).

1989, c. 1, s. 602.

603. (Amendment integrated into c. I-3, s. 776).

1989, c. 1, s. 603.

604. (Amendment integrated into c. J-2, s. 1).

1989, c. 1, s. 604.

605. (Amendment integrated into c. J-2, s. 8).

1989, c. 1, s. 605.

606. (Amendment integrated into c. M-23.01, s. 9).

1989, c. 1, s. 606.

607. (Amendment integrated into c. P-9.1, s. 64).

1989, c. 1, s. 607.

608. (Omitted).

1989, c. 1, s. 608.

SCHEDULE I

ELECTORAL DIVISION OF ÎLES-DE-LA-MADELEINE

(Section 17)

The electoral division of Îles-de-la-Madeleine is situated in the gulf of St Lawrence, between parallels 47° 10′ and 48° 00′ North latitude and meridians 61° 00′ and 62° 20′ West longitude and comprises Île d’Entrée, Havre Aubert (Amherst) island, Havre aux Maisons island, Cap aux Meules (Grindstone) island, Île aux Loups, Grosse Île, Île de la Grande Entrée, Shag island, Brion island, the rocher aux Margaux, the rocher aux Oiseaux, the Corps-Mort (Dead man’s island) and other islands situated wholly or in part within such boundaries.

This electoral division comprises the territories of the municipalities of Cap-aux-Meules, Fatima, Grande-Entrée, Grosse-Île, Havre-aux-Maisons, Île-d’Entrée, Île-du-Havre-Aubert and L’Étang-du-Nord.

1989, c. 1, Schedule I; 1996, c. 2, s. 665.

SCHEDULE II

(Sections 136, 272, 481, 499, 509, 529, 534)

OATH OF OFFICE

I, given name and surname, solemnly declare that I will fulfil the duties assigned to me under the Election Act (Revised Statutes of Québec, chapter E-3.3) faithfully and honestly without fear of or favour towards any one, and that I will not reveal, unless expressly authorized, anything that may come to my knowledge by reason of my office.

1989, c. 1, Schedule II.

SCHEDULE III

(Sections 277 and 320)

BALLOT PAPER

OBVERSE

*****o*****o********************************************
*****o*****o********************************************
*****o*****o********************************************
*****o*****o****************** Marie BONENFANT ***   ***
*****o*****o************ political affiliation ***   ***
*****o*****o********************************************
*****o*****o********************************************
*****o*****o************** Jean-Charles BUREAU ***   ***
*****o*****o************ political affiliation ***   ***
*****o*****o********************************************
*****o*****o********************************************
*****o*****o*************** Pierre-A. LARRIVÉE ***   ***
*****o*****o********************** independent ***   ***
*****o*****o********************************************
*****o*****o********************************************
*****o*****o********************************************


REVERSE

************************************
*                                  *
*        No                        *
*                                  *
*oooooooooooooooooooooooooooooooooo*
*                                  *
*        No                        *
*                                  *
*oooooooooooooooooooooooooooooooooo*
*                                  *
*                                  *
*  =================               *
*  NATIONAL ASSEMBLY               *
*  -----------------               *
*                                  *
*                                  *
*                                  *
*                                  *
*  ...........................     *
*  Deputy returning                *
*  officer’s initials              *
*                                  *
*  Electoral division of:          *
*                                  *
*                                  *
*                                  *
*  21 June 1979                    *
*                                  *
*                                  *
*  Lucien Lamothe, Printer         *
*  117, rue Notre-Dame est         *
*  Montréal                        *
*                                  *
*                                  *
************************************

1989, c. 1, Schedule III; 1998, c. 52, s. 91.

SCHEDULE IV

(Section 293)

BALLOT PAPER FOR ELECTORS OUTSIDE QUÉBEC

OBVERSE

*****o*****o*******************************************
*****o*****o*******************************************
*****o*****o*******************************************
*****o*****o*******************************************
*****o*****o**  I VOTE FOR                         ****
*****o*****o**                                     ****
*****o*****o**                                     ****
*****o*****o**  ---------------------------------  ****
*****o*****o**  Given name and surname             ****
*****o*****o**  of the candidate                   ****
*****o*****o**                                     ****
*****o*****o**  ---------------------------------  ****
*****o*****o**  Political affiliation              ****
*****o*****o**                                     ****
*****o*****o*******************************************
*****o*****o*******************************************
*****o*****o*******************************************
*****o*****o*******************************************


REVERSE

************************************
*                                  *
*        No                        *
*                                  *
*oooooooooooooooooooooooooooooooooo*
*                                  *
*        No                        *
*                                  *
*oooooooooooooooooooooooooooooooooo*
*                                  *
*                                  *
*  =================               *
*  NATIONAL ASSEMBLY               *
*  -----------------               *
*                                  *
*                                  *
*                                  *
*  ..........................      *
*  Deputy returning                *
*  officer’s initials              *
*                                  *
*  Electoral division of:          *
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*  21 June 1979                    *
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*  Lucien Lamothe, Printer         *
*  117, rue Notre-Dame est         *
*  Montréal                        *
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1989, c. 1, Schedule IV.

SCHEDULE V

(Section 595)

REFERENDUM ACT

(Amendment integrated into c. C-64.1, Appendix 2).

1989, c. 1, Schedule V; 1990, c. 4, s. 967.

REPEAL SCHEDULES

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 1 of the statutes of 1989, in force on 1 March 1990, is repealed, except the second paragraph of section 574 and section 608, effective from the coming into force of chapter E-3.3 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), subparagraph 4 of the first paragraph of section 1 of chapter 1 of the statutes of 1989, in force on 1 September 1990, is repealed effective from the coming into force of the updating to 1 September 1990 of chapter E-3.3 of the Revised Statutes.

Section 40.4 of this Act will be amended upon the coming into force of section 5 of chapter 8 of the statutes of 1997 on the date fixed by order of the Government.

Sections 188, 242, 245 and 552 of this Act will be amended upon the coming into force of sections 47, 55, of paragraph 1 of section 56 and of section 81 of chapter 52 of the statutes of 1998 on the date or dates fixed by order of the Government.

Section 187 of this Act will be replaced upon the coming into force of section 46 of chapter 52 of the statutes of 1998 on the date fixed by order of the Government.

Any provisions referred to in this Act as “not in force” will come into force on the date or dates fixed by order of the Government (1997, c. 8, s. 29; 1998, c. 52, s. 110).