S-4.2, r. 19 - Regulation respecting the procedure for electing the members of the boards of directors of the institutions in the territory of the Régie régionale du Nunavik

À jour au 1^er septembre 2012

Ce document a valeur officielle.

chapter S-4.2, r. 19

Regulation respecting the procedure for electing the members of the boards of directors of the institutions in the territory of the Régie régionale du Nunavik

Act respecting health services and social services

(chapter S-4.2, s. 530.14).

CHAPTER I GENERAL

DIVISION I SCOPE AND ELECTION PERIOD

M.O. 94-10-24, Div. I; M.O. 97-09-09, s. 1.

1. This Regulation applies to the election of the persons referred to in paragraph 1 of section 530.13 of the Act respecting health services and social services (chapter S-4.2).

Such election shall be held in October 1997 and thereafter every 3 years.

M.O. 94-10-24, s. 1; M.O. 97-09-09, s. 2.

DIVISION II RETURNING OFFICER AND DEPUTY RETURNING OFFICERS

2. Not later than 30 days before an election is held, the Régie régionale du Nunavik shall appoint a returning officer. The regional board may also appoint deputy returning officers, within the same time.

M.O. 94-10-24, s. 2; M.O. 97-09-09, s. 3.

3. The duties of the returning officer are to

(1)  draw up the election lists;

(2)  give notice of an election;

(3)  receive and accept of refuse nominations;

(4)  send the official list of candidates to the executive director of each institution;

(5)  inform the voters and candidates of the election procedure;

(6)  appoint scrutineers to assist him and the deputy returning officers in the performance of their duties;

(7)  supervise the conduct of the election;

(8)  count the votes;

(9)  complete the certificates of election and send copies thereof to the regional council; and

(10)  send the originals of the papers and certificates concerning the election to the executive director of the institution and a copy of the nomination paper of each elected candidate to the regional board.

M.O. 94-10-24, s. 3; M.O. 97-09-09, s. 4.

4. Deputy returning officers shall perform the following duties under the authority of the returning officer:

(1)  draw up the election list and send it to the returning officer;

(2)  give notice of an election;

(3)  receive nominations and send them to the returning officer;

(4)  inform the voters of the election procedure;

(5)  supervise the conduct of the election;

(6)  count the votes;

(7)  send the ballot papers and the result of the vote to the returning officer; and

(8)  complete the certificate of election and send it to the returning officer.

M.O. 94-10-24, s. 4.

5. The returning officer and deputy returning officers may not vote in the election in respect of which they are acting in those capacities.

M.O. 94-10-24, s. 5.

DIVISION III EXECUTIVE DIRECTOR

6. The executive director of an institution shall provide the returning officer and deputy returning officers with the technical and administrative support required for the performance of their duties.

The executive director shall keep in sealed envelopes the originals of the ballot papers and certificates concerning the election sent to him by the returning officer for a period of not less than 180 days or, where an election is controverted, until such time as the Administrative Tribunal of Québec has rendered its decision.

The executive director shall keep the election lists for the period prescribed in the second paragraph.

M.O. 94-10-24, s. 6.

CHAPTER II ELECTION BY AN ASSEMBLY OF THE INHABITANTS OF A NORTHERN VILLAGE MUNICIPALITY

DIVISION I ELECTION NOTICE

7. At least 25 days prior to the date of an election, the returning officer or deputy returning officer shall post election notices in public locations of the Northern village municipality.

That notice shall describe the nomination procedure provided for in section 9, be accompanied by the election list and indicate the addresses and telephone numbers of the returning officer and deputy returning officers.

The notice shall be written in French, English and Inuttitut.

M.O. 94-10-24, s. 7.

8. A person whose name does not appear on the election list may apply to the returning officer or deputy returning officer to have it entered on the list.

Should erroneous information appear on the election list, the voter concerned may request that the returning officer or deputy returning officer have the error or errors corrected.

M.O. 94-10-24, s. 8.

DIVISION II NOMINATION

9. A nomination is made by means of a nomination paper signed by the candidate and countersigned by 2 voters of the same Northern village municipality.

The nomination paper shall be sent to the returning officer or to the deputy returning officer at least 20 days prior to the date of the election, before 5:00 p.m.

M.O. 94-10-24, s. 9.

10. Where a nomination is filed with a deputy returning officer, that person shall send it without delay to the returning officer. The nomination may be sent by fax.

The returning officer shall accept or refuse a candidacy, in writing, not later than 2 days following its receipt.

Reasons shall be given for the refusal of a nomination.

M.O. 94-10-24, s. 10.

DIVISION III ELECTION BY ACCLAMATION

11. At the close of nominations, if there is only 1 candidate, the returning officer shall declare him elected. The returning officer shall then complete the certificate of election by acclamation and send a copy of that certificate and of the nomination paper of the elected candidate to the regional board within 10 days. He shall also send the originals of those documents to the executive director of the institution, within the same time.

At least 10 days prior to the date of the election, the executive director shall post up, in a public location accessible to the inhabitants of the Northern village municipality in question, a notice indicating the name of the person elected and stating that no election will be held.

M.O. 94-10-24, s. 11; M.O. 97-09-09, s. 4.

DIVISION IV ELECTION NOT HELD

12. If there is no candidate as the close of nominations, the returning officer shall so inform the regional board within 3 days.

The regional board shall inform the Minister that no election was held within 5 days following the date of receipt of the notice provided for in the first paragraph.

The provisions of this section apply where no election is held at any other phase of the procedure.

M.O. 94-10-24, s. 12; M.O. 97-09-09, s. 4.

DIVISION V LIST OF CANDIDATES AND ELECTION NOTICE

13. At least 15 days prior to the date of the election, the returning officer or deputy returning officer shall post, in locations accessible to the inhabitants of the Northern village municipality in question, a notice indicating the date, time and place of the election and a list of the candidates.

The polling period indicated in the notice shall not be less than 4 hours and may be extended by the returning officer or deputy returning officer.

The election notice shall indicate that there will be no advance polling and that proxy voting is prohibited.

M.O. 94-10-24, s. 13.

DIVISION VI VOTING PROCEDURE

14. On the day set for an election, all publicity relating to candidates is prohibited in the building where the election is being held.

M.O. 94-10-24, s. 14.

15. A candidate may designate a representative to observe the conduct of the election. The expenses of such representative shall be borne by the candidate.

M.O. 94-10-24, s. 15.

16. Proxy voting is prohibited.

M.O. 94-10-24, s. 16.

17. The returning officer, a deputy returning officer or a scrutineer shall provide physical assistance to any person requiring such assistance in the exercise of the right to vote.

M.O. 94-10-24, s. 17.

18. The polling shall be carried out by secret ballot.

M.O. 94-10-24, s. 18.

19. The scrutineer shall give the voter a ballot paper, after having initialled it in the space reserved for that purpose.

M.O. 94-10-24, s. 19.

20. The voter shall go to the polling booth and mark the ballot paper in the spaces reserved for that purpose.

After folding the ballot paper, the voter shall allow the scrutineer and the representative of a candidate who so desires to check the number of the counterfoil and the initials of the scrutineer on the ballot.

Following that verification, the voter shall tear off the counterfoil and give it to the scrutineer, who shall destroy it. The voter shall then deposit the ballot paper in the ballot box.

If the ballot paper is not the one given to the voter by the scrutineer, the latter shall cancel the ballot by writing “Void” on it and by initialling it.

M.O. 94-10-24, s. 20.

21. As soon as a voter has voted, the scrutineer shall check the voter’s name on the election list.

M.O. 94-10-24, s. 21.

DIVISION VII COUNTING OF VOTES, ELECTION PROCLAMATION AND PUBLICATION OF RESULTS

22. The returning officer or deputy returning officer shall count the votes with the scrutineers.

The candidates and their representatives may be present for the counting of the votes.

The deputy returning officer shall send the results of the election to the returning officer without delay.

M.O. 94-10-24, s. 22.

23. The person who obtains the greatest number of votes shall be declared elected by the returning officer.

Where there is a tie-vote and more candidates are elected than there are seats to be filled, the returning officer shall draw lots between the candidates who obtained the same number of votes.

M.O. 94-10-24, s. 23.

24. The returning officer shall complete the certificate of election and send a copy to the regional council.

Within the same time, the returning officer shall also send the regional council a copy of the nomination paper for each candidate elected.

Within the same time, the returning officer shall send the originals of those documents and of the ballot papers to the executive director of the institution.

In each Northern village, the returning officer or deputy returning officer shall post a copy of the certificate in a location accessible to the inhabitants of the Northern village municipality.

M.O. 94-10-24, s. 24.

DIVISION VIII RECOUNTING

25. Upon request by a candidate or his representative, the returning officer shall recount the votes.

Such request shall be made in writing and received by the returning officer not later than 5 days after the poll.

The returning officer shall recount the votes within 5 days following receipt of the request.

The candidates and their representatives may be present for the recounting.

M.O. 94-10-24, s. 25.

CHAPTER III

(Revoked)

M.O. 94-10-24, c. III; M.O. 97-09-09, s. 5.

DIVISION I

(Revoked)

M.O. 94-10-24, Div. I; M.O. 97-09-09, s. 5.

26. (Revoked).

M.O. 94-10-24, s. 26; M.O. 97-09-09, s. 5.

27. (Revoked).

M.O. 94-10-24, s. 27; M.O. 97-09-09, s. 5.

28. (Revoked).

M.O. 94-10-24, s. 28; M.O. 97-09-09, s. 5.

DIVISION II

(Revoked)

M.O. 94-10-24, Div. II; M.O. 97-09-09, s. 5.

29. (Revoked).

M.O. 94-10-24, s. 29; M.O. 97-09-09, s. 5.

30. (Revoked).

M.O. 94-10-24, s. 30; M.O. 97-09-09, s. 5.

DIVISION III

(Revoked)

M.O. 94-10-24, Div. III; M.O. 97-09-09, s. 5.

31. (Revoked).

M.O. 94-10-24, s. 31; M.O. 97-09-09, s. 5.

DIVISION IV

(Revoked)

M.O. 94-10-24, Div. IV; M.O. 97-09-09, s. 5.

32. (Revoked).

M.O. 94-10-24, s. 32; M.O. 97-09-09, s. 5.

DIVISION V

(Revoked)

M.O. 94-10-24, Div. V; M.O. 97-09-09, s. 5.

33. (Revoked).

M.O. 94-10-24, s. 33; M.O. 97-09-09, s. 5.

34. (Revoked).

M.O. 94-10-24, s. 34; M.O. 97-09-09, s. 5.

DIVISION VI

(Revoked)

M.O. 94-10-24, Div. VI; M.O. 97-09-09, s. 5.

35. (Revoked).

M.O. 94-10-24, s. 35; M.O. 97-09-09, s. 5.

36. (Revoked).

M.O. 94-10-24, s. 36; M.O. 97-09-09, s. 5.

37. (Revoked).

M.O. 94-10-24, s. 37; M.O. 97-09-09, s. 5.

38. (Revoked).

M.O. 94-10-24, s. 38; M.O. 97-09-09, s. 5.

39. (Revoked).

M.O. 94-10-24, s. 39; M.O. 97-09-09, s. 5.

40. (Revoked).

M.O. 94-10-24, s. 40; M.O. 97-09-09, s. 5.

41. (Revoked).

M.O. 94-10-24, s. 41; M.O. 97-09-09, s. 5.

DIVISION VII

(Revoked)

M.O. 94-10-24, Div. VII; M.O. 97-09-09, s. 5.

42. (Revoked).

M.O. 94-10-24, s. 42; M.O. 97-09-09, s. 5.

43. (Revoked).

M.O. 94-10-24, s. 43; M.O. 97-09-09, s. 5.

44. (Revoked).

M.O. 94-10-24, s. 44; M.O. 97-09-09, s. 5.

DIVISION VIII

(Revoked)

M.O. 94-10-24, Div. VIII; M.O. 97-09-09, s. 5.

45. (Revoked).

M.O. 94-10-24, s. 45; M.O. 97-09-09, s. 5.

46. (Omitted).

M.O. 94-10-24, s. 46; M.O. 97-09-09, s. 5.

REFERENCES

M.O. 94-10-24, 1994 G.O. 2, 4330

S.Q. 1994, c. 40, s. 457

M.O. 97-09-09, 1997 G.O. 2, 4608

S.Q. 1997, c. 43, s. 851