E-12.2 - Act to establish the permanent list of electors

Updated to 1 October 2024

This document has official status.

chapter E-12.2

Act to establish the permanent list of electors

CHAPTER I ESTABLISHMENT OF THE PERMANENT LIST OF ELECTORS

1. The chief electoral officer is entrusted with establishing the permanent list of electors described in Chapter I of Title II.1 of the Election Act (chapter E-3.3) by constituting a register of electors and a register of territories.

The chief electoral officer must ensure the confidentiality of the personal information necessary to establish the permanent list of electors.

1995, c. 23, s. 1; 2006, c. 22, s. 177.

DIVISION I CONSTITUTION OF THE REGISTER OF ELECTORS

2. The register of electors is established on the basis of the information collected during an enumeration and revision and on the basis of the information contained in the registry of electors outside Québec.

The enumeration shall take place from 5 September to 10 September 1995, and the revision shall take place on the date fixed by order of the Government.

The enumeration and revision shall be carried out in accordance with the rules provided in the Election Act (chapter E-3.3), adapted as required. However, sections 227 to 231.3 of the Election Act do not apply to the revision.

For the purposes of the Act respecting elections and referendums in municipalities (chapter E-2.2), the qualification of an elector and the twelve-month residence requirement shall be assessed as of 1 September 1995.

1995, c. 23, s. 2.

DIVISION II CONSTITUTION OF THE REGISTER OF TERRITORIES

3. The chief electoral officer shall enter in the register of territories the description of electoral divisions, electoral precincts and polling subdivisions.

1995, c. 23, s. 3.

4. Municipalities to which Title I of the Act respecting elections and referendums in municipalities (chapter E-2.2) applies and school boards shall transmit the description of their respective electoral territories, as specified in paragraphs 2 and 3 of section 40.3 of the Election Act (chapter E-3.3), to the chief electoral officer according to the parameters he determines.

The descriptions must be transmitted not later than 15 June of the year of the first regular election of the municipality or the first general election of the school board, as the case may be, to be held after 1 June following 31 May 1997.

The chief electoral officer shall enter these data in the register of territories not later than 1 August of the same year.

1995, c. 23, s. 4.

CHAPTER II AMENDING PROVISIONS

ELECTION ACT

5. (Amendment integrated into c. E-3.3, s. 1).

1995, c. 23, s. 5.

6. (Amendment integrated into c. E-3.3, s. 2).

1995, c. 23, s. 6.

7. (Amendment integrated into c. E-3.3, s. 3).

1995, c. 23, s. 7.

8. (Omitted).

1995, c. 23, s. 8.

9. (Amendment integrated into c. E-3.3, s. 16).

1995, c. 23, s. 9.

10. (Amendment integrated into c. E-3.3, s. 35).

1995, c. 23, s. 10.

11. (Omitted).

1995, c. 23, s. 11.

12. (Amendment integrated into c. E-3.3, Title II.1, ss. 40.1-40.42).

1995, c. 23, s. 12.

13. (Amendment integrated into c. E-3.3, s. 131).

1995, c. 23, s. 13.

14. (Amendment integrated into c. E-3.3, s. 132).

1995, c. 23, s. 14.

15. (Amendment integrated into c. E-3.3, s. 134).

1995, c. 23, s. 15.

16. (Amendment integrated into c. E-3.3, s. 136).

1995, c. 23, s. 16.

17. (Amendment integrated into c. E-3.3, ss. 145-147).

1995, c. 23, s. 17.

18. (Amendment integrated into c. E-3.3, ss. 179-218).

1995, c. 23, s. 18.

19. (Amendment integrated into c. E-3.3, ss. 227-231.3).

1995, c. 23, s. 19.

20. (Amendment integrated into c. E-3.3, s. 233).

1995, c. 23, s. 20.

21. (Amendment integrated into c. E-3.3, s. 241).

1995, c. 23, s. 21.

22. (Amendment integrated into c. E-3.3, s. 245.1).

1995, c. 23, s. 22.

23. (Amendment integrated into c. E-3.3, s. 274).

1995, c. 23, s. 23.

24. (Amendment integrated into c. E-3.3, ss. 293-293.5).

1995, c. 23, s. 24.

25. (Amendment integrated into c. E-3.3, s. 296).

1995, c. 23, s. 25.

26. (Amendment integrated into c. E-3.3, s. 298).

1995, c. 23, s. 26.

27. (Amendment integrated into c. E-3.3, s. 303).

1995, c. 23, s. 27.

28. (Amendment integrated into c. E-3.3, s. 308).

1995, c. 23, s. 28.

29. (Amendment integrated into c. E-3.3, s. 312).

1995, c. 23, s. 29.

30. (Amendment integrated into c. E-3.3, s. 327).

1995, c. 23, s. 30.

31. (Amendment integrated into c. E-3.3, s. 335).

1995, c. 23, s. 31.

32. (Amendment integrated into c. E-3.3, s. 337).

1995, c. 23, s. 32.

33. (Amendment integrated into c. E-3.3, s. 338).

1995, c. 23, s. 33.

34. (Amendment integrated into c. E-3.3, s. 340).

1995, c. 23, s. 34.

35. (Amendment integrated into c. E-3.3, s. 349 — French).

1995, c. 23, s. 35.

36. (Amendment integrated into c. E-3.3, s. 350).

1995, c. 23, s. 36.

37. (Amendment integrated into c. E-3.3, s. 352).

1995, c. 23, s. 37.

38. (Amendment integrated into c. E-3.3, s. 427).

1995, c. 23, s. 38.

39. (Amendment integrated into c. E-3.3, ss. 429, 429.1).

1995, c. 23, s. 39.

40. (Amendment integrated into c. E-3.3, s. 456).

1995, c. 23, s. 40.

41. (Amendment integrated into c. E-3.3, s. 486).

1995, c. 23, s. 41.

42. (Amendment integrated into c. E-3.3, s. 489.1).

1995, c. 23, s. 42.

43. (Amendment integrated into c. E-3.3, s. 490).

1995, c. 23, s. 43.

44. (Amendment integrated into c. E-3.3, s. 542).

1995, c. 23, s. 44.

45. (Amendment integrated into c. E-3.3, s. 542.1).

1995, c. 23, s. 45.

46. (Amendment integrated into c. E-3.3, s. 549).

1995, c. 23, s. 46.

47. (Amendment integrated into c. E-3.3, ss. 551-551.3).

1995, c. 23, s. 47.

48. (Amendment integrated into c. E-3.3, ss. 553, 553.1).

1995, c. 23, s. 48.

49. (Amendment integrated into c. E-3.3, s. 564).

1995, c. 23, s. 49.

50. (Amendment integrated into c. E-3.3, s. 567).

1995, c. 23, s. 50.

51. (Amendment integrated into c. E-3.3, s. 570).

1995, c. 23, s. 51.

HEALTH INSURANCE ACT

52. (Amendment integrated into c. A-29, s. 65.0.1).

1995, c. 23, s. 52.

REFERENDUM ACT

53. (Amendment integrated into c. C-64.1, s. 7).

1995, c. 23, s. 53.

54. (Omitted).

1995, c. 23, s. 54.

55. (Amendment integrated into c. C-64.1, s. 44).

1995, c. 23, s. 55.

56. (Amendment integrated into c. C-64.1, appendix 2).

1995, c. 23, s. 56.

ACT RESPECTING ELECTIONS AND REFERENDUMS IN MUNICIPALITIES

57. (Amendment integrated into c. E-2.2, s. 36.1).

1995, c. 23, s. 57.

58. (Amendment integrated into c. E-2.2, s. 68).

1995, c. 23, s. 58.

59. (Amendment integrated into c. E-2.2, ss. 100, 101).

1995, c. 23, s. 59.

60. (Amendment integrated into c. E-2.2, s. 103).

1995, c. 23, s. 60.

61. (Omitted).

1995, c. 23, s. 61.

62. (Amendment integrated into c. E-2.2, s. 108).

1995, c. 23, s. 62.

63. (Amendment integrated into c. E-2.2, s. 109).

1995, c. 23, s. 63.

64. (Amendment integrated into c. E-2.2, s. 109.1).

1995, c. 23, s. 64.

65. (Amendment integrated into c. E-2.2, s. 140).

1995, c. 23, s. 65.

66. (Amendment integrated into c. E-2.2, s. 142.1).

1995, c. 23, s. 66.

67. (Amendment integrated into c. E-2.2, s. 546).

1995, c. 23, s. 67.

68. (Amendment integrated into c. E-2.2, s. 561).

1995, c. 23, s. 68.

69. (Amendment integrated into c. E-2.2, s. 563).

1995, c. 23, s. 69.

70. (Amendment integrated into c. E-2.2, s. 565).

1995, c. 23, s. 70.

71. (Amendment integrated into c. E-2.2, s. 580).

1995, c. 23, s. 71.

72. (Amendment integrated into c. E-2.2, s. 631).

1995, c. 23, s. 72.

73. (Amendment integrated into c. E-2.2, s. 632).

1995, c. 23, s. 73.

74. (Amendment integrated into c. E-2.2, s. 638).

1995, c. 23, s. 74.

75. (Amendment integrated into c. E-2.2, s. 659).

1995, c. 23, s. 75.

76. (Amendment integrated into c. E-2.2, s. 659.1).

1995, c. 23, s. 76.

ACT RESPECTING SCHOOL ELECTIONS

77. (Amendment integrated into c. E-2.3, s. 5).

1995, c. 23, s. 77.

78. (Amendment integrated into c. E-2.3, s. 38).

1995, c. 23, s. 78.

79. (Amendment integrated into c. E-2.3, ss. 39-39.1).

1995, c. 23, s. 79.

80. (Amendment integrated into c. E-2.3, s. 200).

1995, c. 23, s. 80.

81. (Amendment integrated into c. E-2.3, s. 212).

1995, c. 23, s. 81.

82. (Amendment integrated into c. E-2.3, s. 282).

1995, c. 23, s. 82.

83. (Amendment integrated into c. E-2.3, s. 282.1).

1995, c. 23, s. 83.

JURORS ACT

84. (Amendment integrated into c. J-2, s. 1).

1995, c. 23, s. 84.

85. (Amendment integrated into c. J-2, s. 3).

1995, c. 23, s. 85.

86. (Amendment integrated into c. J-2, s. 7).

1995, c. 23, s. 86.

87. (Amendment integrated into c. J-2, s. 8).

1995, c. 23, s. 87.

88. (Amendment integrated into c. J-2, s. 9).

1995, c. 23, s. 88.

89. (Amendment integrated into c. J-2, s. 10).

1995, c. 23, s. 89.

90. (Amendment integrated into c. J-2, s. 17).

1995, c. 23, s. 90.

91. (Amendment integrated into c. J-2, s. 48.1).

1995, c. 23, s. 91.

92. (Amendment integrated into c. J-2, s. 49).

1995, c. 23, s. 92.

CHAPTER III TRANSITIONAL, MISCELLANEOUS AND FINAL PROVISIONS

93. If an order or writ instituting an election or referendum is issued before the enumeration referred to in section 2 is conducted, the enumeration shall take place before the poll.

However, the name of every person who, on the day of the poll, is a qualified elector may be entered on the list of electors for the polling subdivision in which the person is domiciled.

The time limits applicable to an enumeration provided for in the Election Act (chapter E-3.3) as it read before being amended by this Act apply to such an enumeration.

The poll shall be held on the seventh Monday following the issue of the order or writ if the order or writ is issued on a Monday, Tuesday or Wednesday, and on the eighth Monday if the order or writ is issued on any other day. If polling day falls on a holiday, the poll shall be held on the following day.

Section 429 of the Election Act and section 429 of Appendix 2 to the Referendum Act (chapter C-64.1), as they read before being replaced by this Act, apply to the election or referendum, as the case may be.

1995, c. 23, s. 93.

94. If an order or writ instituting an election or referendum is issued while the enumeration referred to in section 2 is being conducted, the enumeration shall be continued.

However, the name of every person who, on the day of the poll, is a qualified elector may be entered on the list of electors for the polling subdivision in which the person is domiciled.

The poll shall be held on the fifth Monday following the issue of the order or writ. If polling day falls on a holiday, the poll shall be held on the following day.

1995, c. 23, s. 94.

95. If an order or writ instituting an election or referendum is issued between the end of the enumeration and the start of the revision referred to in section 2, the list of electors established during the enumeration shall be used for the revision to take place before the poll.

The poll shall be held on the fifth Monday following the issue of the order or writ. If polling day falls on a holiday, the poll shall be held on the following day.

1995, c. 23, s. 95.

96. If an order or writ instituting an election or referendum is issued while the revision referred to in section 2 is being conducted, the revision shall end.

The list of electors established during the enumeration referred to in section 2, with the modifications made to it during the revision before it ended, shall be used for the revision to take place before the poll.

The poll shall be held on the fifth Monday following the issue of the order or writ. If polling day falls on a holiday, the poll shall be held on the following day.

1995, c. 23, s. 96.

97. If an order or writ instituting an election or referendum is issued after the revision referred to in section 2 but before 31 May 1997, the list of electors established during the enumeration and revision referred to in section 2 shall be used for the revision to take place before the poll.

1995, c. 23, s. 97.

98. An enumeration or revision conducted for the purposes of an election or referendum referred to in one of sections 93 to 97 is deemed to constitute an enumeration or revision conducted pursuant to section 2.

1995, c. 23, s. 98.

99. Notwithstanding section 8, the chief electoral officer shall maintain a registry of electors outside Québec until 31 May 1997, containing the names of the electors who were registered on 16 June 1995 and of every elector entitled to exercise his right to vote outside Québec who has, since that date, filed an application therefor in accordance with sections 293 and 293.1 of the Election Act (chapter E-3.3).

The chief electoral officer shall strike from the registry the information relating to electors who have returned to Québec or who have been outside Québec for more than two years except, in the latter case, electors to whom the second paragraph of section 293 of the said Act applies.

1995, c. 23, s. 99.

100. Before striking from the registry of electors outside Québec the name of an elector who was registered in the registry on the date of assent to this Act and who has been outside Québec for more than two years, the chief electoral officer must communicate with the elector in order to verify whether the second paragraph of section 293 of the Election Act (chapter E-3.3) applies to that elector.

If such is the case, the elector may apply for maintenance in the registry of the information necessary for the exercise of his right to vote outside Québec, if he supports his application with the proof of posting referred to in the third paragraph of section 293.1 of the said Act.

1995, c. 23, s. 100.

101. If an order or writ instituting an election or referendum is issued before 31 May 1997, the electors registered in the registry referred to in section 99 on the date referred to in section 293.5 of the Election Act (chapter E-3.3) may exercise their right to vote.

1995, c. 23, s. 101.

102. Until 31 May 1997, the chief electoral officer may transmit to municipalities that are to hold a poll, free of charge, a list of the electors who are entitled to have their names entered on the municipal list.

A returning officer who wishes to obtain such a list must apply in writing to the chief electoral officer, specifying in what form the list is to be transmitted. The application may, in addition, include transmission of the list provided for in section 40.30 of the Election Act (chapter E-3.3).

In the case of municipalities that are to hold a regular election in the fall of 1995, the application referred to in the second paragraph must be received by the chief electoral officer not later than 1 September 1995. The time limit set out in the Act respecting elections and referendums in municipalities (chapter E-2.2) for the preparation of the municipal list of electors shall be extended by one week for the municipalities that make such an application.

1995, c. 23, s. 102.

103. Until 31 May 1997, the returning officer may transmit, to the sheriff of the judicial district wholly or partly situated in his electoral division, a certified true copy of the list of electors for each polling subdivision of the municipalities included in the list of municipalities transmitted to the returning officer by the sheriff under section 7 of the Jurors Act (chapter J-2).

1995, c. 23, s. 103.

104. The sums required for the carrying out of this Act shall be taken out of the Consolidated Revenue Fund.

1995, c. 23, s. 104.

105. Any procedure relating to a call for tenders in respect of the performance of the mandate entrusted to the chief electoral officer by section 1, under way on 16 June 1995, is hereby cancelled.

1995, c. 23, s. 105.

106. Notwithstanding section 523 of the Election Act (chapter E-3.3), the chief electoral officer is not bound to submit the directives concerning the enumeration and revision provided for by section 2 to the advisory committee.

1995, c. 23, s. 106.

107. (Omitted).

1995, c. 23, s. 107.

SCHEDULE

(Section 56)

REFERENDUM ACT

(Amendment integrated into c. C-64.1, appendix 2).

1995, c. 23, schedule.

REPEAL SCHEDULES

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 23 of the statutes of 1995, in force on 1 March 1996, is repealed, except section 107, effective from the coming into force of chapter E-12.2 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), section 91 of chapter 23 of the statutes of 1995, in force on 1 March 1997, is repealed effective from the coming into force of the updating to 1 March 1997 of chapter E-12.2 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), section 51 and 57 to 90 of chapter 23 of the statutes of 1995, in force on 1 April 1998, are repealed effective from the coming into force of the updating to 1 April 1998 of chapter E-12.2 of the Revised Statutes.