Election Regulations

c t EDUCATION ACT ELECTION REGULATIONS PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this regulation, current to April 26, 2025. It is intended for information and reference purposes only. This document is not the official version of these regulations. The regulations and the amendments printed in the Royal Gazette should be consulted on the Prince Edward Island Government web site to determine the authoritative text of these regulations. For more information concerning the history of these regulations, please see the Table of Regulations on the Prince Edward Island Government web site (www.princeedwardisland.ca). If you find any errors or omissions in this consolidation, please contact: Legislative Counsel Office Tel: (902) 368-4292 Email: legislation@gov.pe.ca Education Act Election Regulations Section 1 c EDUCATION ACT Chapter E-.02 ELECTION REGULATIONS Pursuant to subsection 12(2) of the Education Act R.S.P.E.I. 1988, Cap. E-.02, Council made the following regulations: 1. Definitions In these regulations, (a) “Act” means the Education Act R.S.P.E.I. 1988, Cap. E-.02; (b) “ballot” means a ballot paper provided to a voter to be marked by the voter and returned to the office of the Chief Electoral Officer; (b.01) “ballot box” means a physical ballot box for marked mail-in ballots or a computer database in the electronic voting system where marked electronic ballots are stored, as the context requires; (b.1) “certificate envelope” means the envelope approved by the Chief Electoral Officer in which a voter places the voter’s marked ballot; (c) “Chief Electoral Officer” means the Chief Electoral Officer appointed under the Election Act R.S.P.E.I. 1988, Cap. E-1.1; (d) “Deputy Chief Electoral Officer” means the Deputy Chief Electoral Officer appointed under the Election Act; (d.01) “device” means any electronic device that may access the internet including, but not limited to, a desktop computer, laptop, tablet, smartphone or gaming device; (d.1) “election day” means the third Friday in October, which is the last day of the election period; (e) “election documents” means the documents or papers, in both print and electronic format, directed in these regulations to be delivered to the Chief Electoral Officer; (f) “election officer” means the Chief Electoral Officer, the Deputy Chief Electoral Officer and any other person appointed by the Chief Electoral Officer to assist in the conduct of an election under these regulations; (f.1) “election period” means the period beginning on the second Monday in September and ending on the third Friday in October at 12 noon, in an election year for the education authorities; (f.2) “electronic ballot” means an image of a ballot on a screen on a device, including all the choices available to an elector, and includes the marked electronic ballot on which the elector has marked the vote; c t Current to: April 26, 2025 Page 3 Section 2 Education Act Election Regulations (f.3) “electronic voting” means casting a vote by electronic means using an electronic voting system; (f.4) “electronic voting system” means the technology, including software, that (i) records and counts the electronic votes, and (ii) processes and stores the results of electronic ballots cast during the voting period; (g) “eligible voter” means a person referred to in subsection 4(1); (g.1) “inner envelope” means the envelope approved by the Chief Electoral Officer in which a voter places the voter’s marked ballot in its certificate envelope; (g.2) “outer envelope” means the envelope approved by the Chief Electoral Officer in which a voter places the voter’s inner envelope containing the voter’s marked ballot in its certificate envelope; (h) “education authority election” means an election under these regulations; (i) “trustee” means a trustee of an education authority; (j) “voting period” means the time between 12 noon on the day that is 14 days before election day up to 12 noon on election day, during which voters may vote by mail-in ballot or using the electronic voting system. (EC525/16; 425/22; 744/22; 328/25) 2. Election day (1) Subject to subsection (2), elections for trustees for an education authority shall be held on the third Friday in October in 2022, and in every third year following. Election results (1.1) Voting shall close at 12 noon on election day and the results shall be published as soon as practicable after that time. Notice of date (1.2) Revoked by EC328/25. Exception - general election (2) Where the election period for an education authority election coincides or overlaps with the writ period for a general election to be held pursuant to clause 4.1(4)(b) or subsection 4.1(5) of the Election Act, the education authority election shall be held on the last Friday in November in the same calendar year. Notice by Chief Electoral Officer (3) The Chief Electoral Officer shall give notice of the change in the election date pursuant to subsection (2) in accordance with clause 8(1)(g). (EC525/16; 273/22; 744/22; 328/25) 2.1 Election zones For the purposes of the election of trustees (a) for the French Language School Board, the province is divided into six electoral zones as set out in Schedule 1 to these regulations; and (b) for the Public Schools Branch, the province is divided into seven electoral zones as set out in Schedule 2 to these regulations. (EC425/22) Page 4 Current to: April 26, 2025 t c Education Act Election Regulations Section 3 2.2 Methods of voting An eligible voter may vote by mail-in ballot or, where the Chief Electoral Officer has approved the use of an electronic voting system, by electronic voting. (EC328/25) 3. Trustees elected from zones (1) Subject to subsection (2), trustees for the French Language School Board shall be elected from the electoral zones set out in Schedule 1 to these regulations as follows: (a) two trustees from each of Zones 1, 3 and 5; (b) one trustee from each of Zones 2, 4 and 6. Trustees for Public Schools Branch (1.1) Subject to subsection (2), the board of trustees for the Public Schools Branch shall be composed of (a) two trustees elected from Electoral Zone 5 and one trustee elected from each of the other electoral zones set out in Schedule 2 to these regulations; (b) two trustees who are members at large, appointed by the Lieutenant Governor in Council, each for a term not to exceed two years; and (c) one Mi’kmaq representative, nominated by the Epekwitk Assembly of Councils and appointed by the Lieutenant Governor in Council for a term not to exceed two years. Appointment (2) Where an education authority election produces fewer than the required number of elected trustees, the Minister shall appoint, from among those persons eligible to be trustees, the additional trustees necessary to fill the vacant positions. (EC525/16; 425/22) 3.1 Qualifications for member at large A trustee who is a member at large appointed under clause 3(1.1)(b) shall meet the qualifications set out in clauses 4(1)(a) to (c) for an eligible voter. (EC425/22) 4. Eligible voter (1) A person is eligible to vote in an education authority election if the person (a) is a Canadian citizen; (b) is at least eighteen years of age on the date of the election; (c) has been resident in the province for at least the six months immediately preceding the date of the election; and (d) where the election is for trustees for the French Language School Board, meets one of the following requirements: (i) the person is an eligible parent, or (ii) the person would be an eligible parent if the person had a child. Policies (2) The French Language School Board, in consultation with the Chief Electoral Officer, may develop policies to provide for the manner in which a person may establish that the person meets one of the requirements specified in clause (1)(d). c t Current to: April 26, 2025 Page 5 Section 5 Education Act Election Regulations Voting in electoral zone (3) An eligible voter shall vote only in the electoral zone in which the voter resides on election day. (EC525/16; 425/22) 5. Eligible candidate for French Language School Board (1) Subject to subsection (3), a person is eligible to be nominated and run as a candidate for trustee of the French Language School Board if the person (a) meets the qualifications set out in clauses 4(1)(a), (b) and (d); and (b) has been resident in the electoral zone in which the person proposes to run as a candidate for at least the six months immediately preceding the date of the election. Eligible candidate for Public Schools Branch (2) Subject to subsection (3), a person is eligible to be nominated and run as a candidate for trustee of the Public Schools Branch if the person (a) meets the qualifications set out in clauses 4(1)(a) and (b); and (b) has been resident in the electoral zone in which the person proposes to run as a candidate for at least the six months immediately preceding the date of the election. Ineligibility (3) The following persons are not eligible to be nominated or to run as a candidate: (a) a person who is not qualified pursuant to subsection (1) or (2), as the case may be; (b) an employee of either education authority; (c) an employee of the Department who, in the opinion of the Minister, would as a trustee have a potential conflict of interest; (c.1) the Chief Electoral Officer and the Deputy Chief Electoral Officer; (d) a person who, immediately preceding the date of the election, is or has become disqualified from holding office as a trustee under the Education Act Education Authority Regulations (EC524/16); (e) a person who has been found guilty or convicted of an indictable offence for which an absolute discharge or a pardon has not been granted or a record suspension has not been ordered under the Criminal Records Act (Canada). Withdrawal (4) A candidate who has been nominated may withdraw as a candidate by giving notice of the intention to withdraw to the Chief Electoral Officer in the form approved by the Chief Electoral Officer. (EC525/16; 425/22; 361/24; 328/25) 6. Chief Electoral Officer (1) The Chief Electoral Officer shall administer education authority elections. Idem (2) The Chief Electoral Officer may appoint the employees that the Chief Electoral Officer considers necessary to perform the duties of the office. (EC525/16; 425/22) Page 6 Current to: April 26, 2025 t c Education Act Election Regulations Section 7 7. Call for nominations The Chief Electoral Officer shall, in the first week of September in an election year, call an education authority election and publish a call for nominations in accordance with clause 8(1)(g). (EC525/16; 273/22; 328/25) 8. Powers and duties of Chief Electoral Officer (1) The Chief Electoral Officer shall (a) exercise general direction and supervision over the conduct and administration of education authority elections; (b) instruct each election officer appointed under subsection 9(1) and provide necessary supervision to ensure the effective conduct of education authority elections; (c) ensure that an appropriate voting package is provided to each eligible voter who applies to vote; (d) develop and approve any forms necessary for the conduct of education authority elections; (e) have the discretion to adapt the provisions of these regulations to existing circumstances where the Chief Electoral Officer considers it necessary; (f) be responsible solely to the Minister; (g) publish notices respecting the nomination and election of trustees in at least one print medium and by means of at least one electronic method in the province, in English and French, as the Chief Electoral officer considers appropriate; (h) enforce, on the part of election officers, fairness, impartiality and compliance with the Act and these regulations; and (i) exercise the powers necessary to fulfil the office of Chief Electoral Officer in conducting education authority elections. Use of electronic voting system (1.1) The Chief Electoral Officer may authorise the use of an electronic voting system for voting in an education authority election where, in the Chief Electoral Officer’s opinion, the proposed electronic voting system (a) is accurate; (b) is secure; (c) manages and reports both valid and spoiled ballots; and (d) is suitable for use in the election in which it is proposed to be used. Authority to make agreements (1.2) In addition to the power of the Chief Electoral Officer to enter into contracts, memoranda of understanding and other agreements pursuant to subsection 3(1) of the Election Act, the Chief Electoral Officer may, for the purposes of these regulations, enter into agreements with the vendor of an electronic voting system to conduct the mail-in ballot and electronic voting portions of the election. Special powers for Chief Electoral Officer (2) Where, during the course of an education authority election, it appears to the Chief Electoral Officer that insufficient time has been allowed or insufficient election officers have been provided for the conduct of the election, the Chief Electoral Officer may, notwithstanding anything in these regulations, c t Current to: April 26, 2025 Page 7 Section 9 Education Act Election Regulations (a) except as provided in this subsection, extend or abridge the time for doing any act; and (b) generally adapt the provisions of these regulations to existing circumstances, but the Chief Electoral Officer shall not change the date of the election. (EC525/16; 425/22; 328/258) 9. Election officers (1) The Chief Electoral Officer shall appoint election officers as required to administer the election process. Duties of election officers (2) Each election officer shall (a) report to and be responsible to the Chief Electoral Officer; (b) exercise direction and supervision over the administration of the election process, subject to the rules and instructions issued by the Chief Electoral Officer; and (c) exercise any other powers and perform any other duties prescribed by these regulations or assigned by the Chief Electoral Officer. (EC525/16; 425/22; 328/25) 10. Nominating candidate (1) Any 10 or more eligible voters may nominate a candidate for trustee for the electoral zone in which the nominators and the candidate reside by filing a nomination paper in the form approved by the Chief Electoral Officer in the office of the Chief Electoral Officer during the period set out in subsection (2). Nominations accepted (2) The Chief Electoral Officer shall accept nomination papers at any time between the start of the election period and 2 p.m. on nomination day as set out in subsection (3). Nomination day (3) Nomination day shall be the Friday that is the 21st day before election day. (EC525/16; 425/22) 11. Nominated candidates After nomination day, the Chief Electoral Officer shall (a) determine the eligibility of candidates; and (b) publish in at least one print medium and by means of at least one electronic method in the province, in English and French, as the Chief Electoral Officer considers appropriate, (i) the name of each nominated candidate, and (ii) the name of the zone in which each candidate has been nominated. (EC525/16; 425/22; 328/25) 12. Election by acclamation (1) Where, on nomination day, only the required number of candidates have been nominated for a particular electoral zone, the Chief Electoral Officer shall declare those candidates elected by acclamation. Page 8 Current to: April 26, 2025 t c Education Act Election Regulations Section 13 Report to Minister (2) The Chief Electoral Officer shall report to the Minister the fact that there are eligible candidates elected by acclamation and the Minister shall appoint those candidates as duly elected trustees. (EC525/16; 425/22) 12.1 Mail-in ballot application deadline (1) Applications by eligible voters for mail-in ballots shall be accepted by the Chief Electoral Officer from the second Monday in September until 11:59 p.m. on Sunday, the 19th day before election day. Deadline to return mail-in ballots (2) Only mail-in ballots received by the Chief Electoral Officer before 12 noon on election day shall be counted. (EC425/22; 328/25) 13. Duties of eligible voter - application (1) An eligible voter shall complete the registration application to vote in the election, including the voter’s declaration of eligibility, and submit the application to the Chief Electoral Officer, as directed on the application form. Duties of eligible voter - voting by mail-in ballot (2) On receiving the mail-in ballot package, an eligible voter shall (a) mark the ballot paper for the candidate or candidates of the voter’s choice; (b) refold the ballot paper in the same manner as it was received, place the ballot paper in the inner envelope, seal the inner envelope, place it in the certificate envelope, and sign, date and seal the certificate envelope; and (c) place the certificate envelope in the outer envelope, seal it and return it to the office of the Chief Electoral Officer no later than 12 noon on election day. Duties of eligible voter - electronic voting (3) An eligible voter who chooses to use the electronic voting system shall complete the electronic voting process by marking and submitting the electronic ballot no later than 12 noon on election day. Single vote – mail-in ballot (4) An eligible voter who has chosen to vote by means of a mail-in ballot shall not also vote electronically. Single vote – electronic voting (5) An eligible voter who has chosen to use the electronic voting system shall not also vote by means of a mail-in ballot. (EC525/16; 425/22; 328/25) 13.1 Authority of Chief Electoral Officer (1) In the event of a dispute concerning the electoral zone in which a voter shall vote, the Chief Electoral Officer shall decide the matter. Decision not subject to appeal (2) The decision of the Chief Electoral Officer under subsection (1) is conclusive and final and shall not be appealed. c t Current to: April 26, 2025 Page 9 Section 14 Education Act Election Regulations Additional information (3) The Chief Electoral Officer may, where an application to vote in the election does not contain all the required information, or in order to determine the applicant’s electoral zone for the purposes of these regulations, request the applicant to provide (a) the information required on the application form; or (b) additional information specified by the Chief Electoral Officer. (EC425/22; 328/25) 14. Eligible voter needing assistance Where an eligible voter is unable to submit an application in the manner set out in section 13 because the voter is unable to read or write or is visually disabled or impaired, the voter may contact the Chief Electoral Officer for assistance in voting. (EC525/16; 425/22; 328/25) 15. Order for advance poll or mail-in ballot Revoked by EC425/22. (EC525/16;425/22) 16. Candidate’s agent (1) Each candidate may appoint one agent to represent the candidate at the counting of the mail- in ballots. Proof of appointment (2) A candidate’s agent shall carry a certificate of appointment that is signed by the candidate, and shall produce the certificate on demand by an election officer for the purpose of attending the counting of the ballots. (EC525/16; 425/22; 328/25) 17. Counting of mail-in ballots (1) Following the close of the election period, election officers at a time and place directed by the Chief Electoral Officer shall, for the mail-in ballot process, (a) open the mail-in ballot box; and (b) count the votes using the following method: (i) complete the tally sheet and give a tally sheet to at least two other persons present, who shall act as witnesses, (ii) after each person present is given full opportunity to examine each ballot, the designated election officer shall decide whether the ballot should be rejected or counted, (iii) if the ballot is counted, the election officer shall call out the vote and have it entered on the tally sheet, and (iv) if the ballot is rejected, the election officer shall place it in a separate envelope. Counting of electronic ballots (2) At the close of the election period on election day, the electronic voting system shall generate a secure count of electronic ballots that were cast for each candidate in each zone during the voting period and a report of valid votes for each candidate and the total number of spoiled ballots. Page 10 Current to: April 26, 2025 t c Education Act Election Regulations Section 18 Total of votes for each candidate (3) The total number of votes cast for each candidate in each zone in the election shall be the sum of votes cast for that candidate using the mail-in ballot process and the electronic voting process. (EC525/16; 425/22; 328/25) 18. Objection to ballot If, during the counting of the mail-in ballots, any of the persons referred to in section 17 objects to any ballot, the designated election official shall hear and decide every question arising out of the objection, and the designated election official’s decision is final. (EC525/16; 425/22; 328/25) 19. Duties after counting ballots (1) After counting the mail-in ballots, the designated election officer shall (a) place the ballots for each candidate in marked envelopes and seal them; (b) complete the required number of statements of poll supplied by the Chief Electoral Officer; (c) sign the statements of poll and have them signed by a witness and any other person present who wishes to do so; and (d) deposit all ballots and tally sheets in the ballot box. Delivery to Chief Electoral Officer (2) The designated election officer shall immediately after completing the duties listed in subsection (1) deliver all ballot boxes with their contents and each completed statement of poll to the Chief Electoral Officer. Secure results (2.1) The electronic voting system shall deliver the secure results from the votes cast in the electronic voting process. Security of election documents, etc. (3) The Chief Electoral Officer shall secure all ballot boxes, ballots and other election documents, including all electronic files, used in an election for a period of 120 days following election day. (EC525/16; 425/22; 328/25) 20. Recount of ballots (1) A recount of ballots shall be required by the Chief Electoral Officer if there are fewer than five votes between the top two candidates in a zone that has only one elected trustee, and between the top three candidates in a zone that has two elected trustees. Request for recount (2) A candidate may, in writing, request a recount within two working days after election day where the votes counted for that candidate are within 10 votes of the votes counted for another candidate. Recount within two working days (3) The recount shall commence not later than two working days after it is required under subsection (1) or requested under subsection (2). c t Current to: April 26, 2025 Page 11 Section 20 Education Act Election Regulations Notification by Chief Electoral Officer (4) The Chief Electoral Officer shall notify the candidates concerned of the time and place at which the ballots shall be recounted and the final addition made. Regenerated count of electronic ballots (5) In the event of a recount of the electronic votes, (a) the electronic voting system shall regenerate the count of electronic votes in a printed copy that shall be provided to the Chief Electoral Officer; (b) if the initial count and the regenerated count match, the regenerated count shall be the final count of the electronic votes; (c) if the initial count and the regenerated count do not match, the Chief Electoral Officer shall direct one final count of the electronic votes be generated and attend while that final count is completed; and (d) the final count provided in accordance with clause (b) or clause (c), as the case may be, is the final count of the electronic votes. Recount of mail-in ballots (5.1) At the time and place specified by the Chief Electoral Officer under subsection (4) and in the presence of the persons authorized to be present, an election officer designated by the Chief Electoral Officer shall open the sealed envelopes containing the mail-in ballots and (a) count all of the votes or ballots in them according to the rules set out in section 17; and (b) verify or correct the statement of each poll by recording the ballot count and the number of votes cast for each candidate. Final addition (5.2) The designated election officer shall make a final addition of the mail-in ballots verified or corrected under subsection (5.1) and the final count of electronic votes established in accordance with clause (5)(d). Judicial review (6) If a recount of ballots under subsections (5), (5.1) and (5.2) fails to establish which candidate has received the highest number of votes, or if a candidate continues to dispute the results, the rejected ballots shall be reviewed by a judge of the Provincial Court. Recount after judicial review (7) If, at the judicial review referred to in subsection (6), the judge determines that any of the rejected ballots should have been counted, the designated election officer shall recount those ballots, in accordance with this section, and include the result of this recount in the results. Breaking a tie vote (8) Where, after a recount, the votes cast for two or more candidates are still equal in number, an election officer designated by the Chief Electoral Officer shall, in the presence of at least two of the persons authorized to be present, (a) write the name of each of those candidates on separate and identical blank sheets of paper; (b) fold the sheets of paper in an identical manner so that the names are concealed; (c) deposit the papers in a receptacle; Page 12 Current to: April 26, 2025 t c Education Act Election Regulations Section 21 (d) draw from the receptacle the same number of papers as there are vacant positions to be filled; and (e) declare the candidate or candidates whose name appears on the drawn papers to be elected. Recount, who may be present (9) At a recount of ballots and final addition each candidate shall be entitled to be represented by one agent appointed by the candidate to attend, and may personally be present if the candidate so desires. Review, who may be present (10) At a judicial review, the Chief Electoral Officer shall be present, and each candidate shall be entitled to be represented by one agent appointed by the candidate to attend, and may personally be present if the candidate so desires. Idem (11) Except with the sanction of the Chief Electoral Officer in the case of a recount and final addition or the judge in the case of a judicial review, no person other than those referred to in subsection (9) or (10), as applicable, shall be present at the recount and final addition or the judicial review. Results certified (12) Upon the determination of the candidate with the highest number of votes or of the winning candidate, in accordance with this section, the Chief Electoral Officer shall immediately certify the results. (EC525/16;425/22; 328/25) 21. Ballots retained for two months (1) The Chief Electoral Officer shall retain the contents of the ballot boxes and all documents pertaining to the election for 120 days following election day. Destruction of election documents (2) The Chief Electoral Officer may destroy, or cause to be destroyed, election documents, including all electronic files, after the expiry of the time required in subsection (1). Inspection of election documents (3) All election documents filed with the Chief Electoral Officer are public records and may be inspected by any person on request at the office of the Chief Electoral Officer during normal office hours. (EC525/16; 425/22; 328/25) 22. Irregularities No administrative irregularity in the mode of electing a trustee invalidates the election. (EC525/16) 23. Candidates declared elected (1) The Chief Electoral Officer shall declare to be elected the following persons: (a) in an electoral zone to be represented by one trustee, the candidate having the highest number of votes; (b) in an electoral zone to be represented by two trustees, the two candidates with the highest numbers of votes. c t Current to: April 26, 2025 Page 13 Section 24 Education Act Election Regulations Report to Minister (2) The Chief Electoral Officer shall report to the Minister within five working days after election day, pending any recount, (a) the names of the candidates who have been declared elected; and (b) the electoral zone that each of the elected candidates represents. (EC525/16; 425/22) 24. Publish names of trustees Within 28 days after election day, the Minister shall publish the names of the trustees in the Royal Gazette. (EC525/16) 25. Schedules adopted The Schedules to these regulations are hereby adopted and form part of these regulations. (EC525/16; 425/22) 26. Revocation The School Act School Board Regulations (EC268/14) are revoked. (EC525/16) Page 14 Current to: April 26, 2025 t c Education Act Election Regulations SCHEDULE 1 SCHEDULE 1 FRENCH LANGUAGE SCHOOL BOARD ELECTORAL ZONES c t Current to: April 26, 2025 Page 15 SCHEDULE 1 Education Act Election Regulations Page 16 Current to: April 26, 2025 t c Education Act Election Regulations SCHEDULE 1 c t Current to: April 26, 2025 Page 17 SCHEDULE 1 Education Act Election Regulations Page 18 Current to: April 26, 2025 t c Education Act Election Regulations SCHEDULE 1 c t Current to: April 26, 2025 Page 19 SCHEDULE 1 Education Act Election Regulations Page 20 Current to: April 26, 2025 t c Education Act Election Regulations SCHEDULE 1 c t Current to: April 26, 2025 Page 21 SCHEDULE 2 Education Act Election Regulations SCHEDULE 2 Public Schools Branch Electoral Zones Page 22 Current to: April 26, 2025 t c Education Act Election Regulations SCHEDULE 2 c t Current to: April 26, 2025 Page 23 SCHEDULE 2 Education Act Election Regulations Page 24 Current to: April 26, 2025 t c Education Act Election Regulations SCHEDULE 2 c t Current to: April 26, 2025 Page 25 SCHEDULE 2 Education Act Election Regulations Page 26 Current to: April 26, 2025 t c Education Act Election Regulations SCHEDULE 2 c t Current to: April 26, 2025 Page 27 SCHEDULE 2 Education Act Election Regulations Page 28 Current to: April 26, 2025 t c Education Act Election Regulations SCHEDULE 2 (EC525/16; 425/22) c t Current to: April 26, 2025 Page 29