Referendum and Plebiscite Regulations, R-8.01 Reg 1

1 REFERENDUM AND PLEBISCITE R-8.01 REG 1 The Referendum and Plebiscite Regulations being Chapter R-8.01 Reg 1 (effective September 10, 1991). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 R-8.01 REG 1 REFERENDUM AND PLEBISCITE Table of Contents 1 Title 33 Certificate of supervising judges 2 Interpretation 34 Costs of recount or addition 3 Adoption of Election Act provisions and forms 35 Hearing re failure to proceed with recount, etc. 4 Interpretation of adopted provisions and forms 36 Appeal from decision of supervising judges 5 Forms 37 Compelling returning officer to add votes 6 Officials 38 Duties of Chief Electoral Officer 7 Writ of referendum 39 Referendums and plebiscites not invalid in certain cases 8 Writ of plebiscite 40 Conflicting questions 9 Referendum or plebiscite question Appendix 10 Duty of Chief Electoral Officer Form A Oath of Secrecy 11 Ballot paper Form B Writ of Referendum 12 Voters’ list Form C Writ of Plebiscite 13 Eligibility of certain persons 14 Polling divisions Form D Form of Ballot Paper 15 Polling places Form E Affidavit of Printer 16 Proclamation Form F Proclamation of Referendum 17 Appointment of representatives 18 Mode of marking, folding and depositing ballot paper Form G Proclamation of Plebiscite 19 Ballot paper re vote in hospital, etc. Form H Declaration of Representative 20 Voting procedure in hospital, etc. Form I Declaration of Voter 21 Procedures re votes taken in hospital, etc. where referendum/plebiscite and election on same day Form J Statement of Returning Officer Respecting Votes 22 Procedures re votes taken in hospital, etc, where Cast and Ballot Papers Used at the Polling Places referendum/plebiscite not on same day as election Form K Affidavit to be Taken by Returning Officer After 23 Procedure at counting of votes Sending Return to the Chief Electoral Officer 24 Rejected ballots Form L Directions for the Guidance of Voters 25 Duties of returning officer Form M Oath of Friend of Blind Voter 26 Special report by returning officer 27 Recount or addition - referendum Form N Ballot Paper Account and Poll Statement 28 Application by voter for recount, etc. Form O Oath of Deputy Returning Officer after Closing of 29 Order the Polling Place for Voting 30 Designation of judge Form P Ballot Envelope for Ballot Cast by Incapicitated Voter 31 Procedure at recount Form Q Petition 32 Review of decision of returning officer 3 REFERENDUM AND PLEBISCITE R-8.01 REG 1 CHAPTER R-8.01 REG 1 The Referendum and Plebiscite Act Title 1 These regulations may be cited as The Referendum and Plebiscite Regulations. Interpretation 2(1) In these regulations: (a) “Act” means The Referendum and Plebiscite Act; (b) “polling day” means the day fixed pursuant to clause 7(1)(c) or 8(1)(c) for taking the votes of the voters; (c) “rejected ballot” means a ballot that is rejected pursuant to section 24 or subsection 40(4); (d) “support” means: (i) in relation to a referendum or plebiscite question described in subsection 9(1) or a referendum or plebiscite question that includes a preliminary question described in subsection 40(2), to be in favour of voting for only one of the options stated in the question; and (ii) in relation to a referendum or plebiscite question described in subsection 9(2), to be in favour of voting “yes” to the question. (2) For the purposes of the Act and these regulations: (a) “ballots validly cast” means ballots that are not: (i) spoiled ballots; (ii) rejected ballots; (iii) declined ballots; (iv) unused ballots; or (v) ballots contained in unopened ballot envelopes; (b) “oppose” means: (i) in relation to a referendum or plebiscite question described in subsection 9(1) or a referendum or plebiscite question that includes a preliminary question described in subsection 40(2), to be in favour of voting against all of the options stated in the question; and (ii) in relation to a referendum or plebiscite question described in subsection 9(2), to be in favour of voting “no” to the question. 4 R-8.01 REG 1 REFERENDUM AND PLEBISCITE (3) For the purposes of the Act: (a) “electors” where used in clause 7(1)(b) of the Act means persons who are qualified voters pursuant to The Election Act and whose names appear as electors on the voters’ list prepared for use in: (i) the last general election; (ii) the last general federal election; or (iii) the last municipal elections; (b) “promoting” where used in subsection 11(4) of the Act means supporting; (c) “promote” where used in section 12 of the Act means support. 13 Sep 91 cR-8.01 Reg 1 s2. Adoption of Election Act provisions and forms 3(1) The provisions of The Election Act that are: (a) set out in Table 1 of Part 1 of the Appendix to these regulations; or (b) mentioned in these regulations; are adopted, with any necessary modification, for the purposes of referendums and plebiscites conducted pursuant to the Act. (2) The provisions of The Election Act adopted pursuant to clause (1)(b) are subject to any limitation specified in these regulations. (3) The forms in the First Schedule to The Election Act that are set out in Table 2 of Part 1 of the Appendix to these regulations are adopted, with any necessary modification and without further reference in these regulations, for the purposes of referendums and plebiscites conducted pursuant to the Act. 13 Sep 91 cR-8.01 Reg 1 s3. Interpretation of adopted provisions and forms 4(1) For the purpose of interpreting the provisions and forms of The Election Act that are adopted pursuant to section 3: (a) “ballot box” where it occurs for the second time in clause 89(11)(a) of that Act means the appropriate ballot box for that ballot, whether or not the ballot was in the correct envelope; (b) “candidate”: (i) where used: (A) in clause 89(11)(b); (B) in clauses 120(c) and 121(b); (C) where it first occurs in section 123; and (D) in section 124; of that Act means option on the referendum or plebiscite question; 5 REFERENDUM AND PLEBISCITE R-8.01 REG 1 (ii) where it occurs for the second time in section 123 of that Act means the representatives, if any, appointed by the returning officer pursuant to subsection 17(4); and (iii) where used: (A) in clauses 110(i) and (l); (B) in subclause 110(q)(i); and (C) in paragraph 6 of section 117; of that Act, and where an election is not held on the same day that a referendum or plebiscite is conducted, means option on the referendum or plebiscite question; (c) “candidate for whom” where used in subsections 159(1) and (2) of that Act means the option on the referendum or plebiscite question for which; (d) “circle to the right of the name of the candidate for whom he intends to vote” where used in clause 89(7)(a) of that Act means place provided to indicate that the voter opposes or supports the referendum or plebiscite question; (e) “election” where used in that Act means referendum or plebiscite; (f) “fire” where used in section 150 of that Act means “shredding”; (g) “general election” where used in that Act means a referendum or plebiscite that is conducted in every constituency on the same day; (h) “name of the candidate for whom” where used in subsection 81(3) and sections 160 and 161 of that Act means the option on the referendum or plebiscite question for which; (i) “names of the candidates” where used in section 78 and clause 89(7) (b) of that Act means the referendum or plebiscite question; (j) “order of the Lieutenant Governor in Council” where used in subsection 4(2) of that Act means the order mentioned in section 7 or the order or resolution mentioned in section 8, as the case may be; (k) “polling day” where used in that Act means the day on which a referendum or plebiscite is conducted; (l) “support of or for a candidate or political party or group” where used in subsection 166(2) of that Act means support of or for, or opposition to, an option on a referendum or plebiscite question; (m) “the candidacy of a particular person” where used in section 196 of that Act means an option on a referendum or plebiscite question; (n) “the election of any candidate” where used in subsection 166(1) of that Act means votes supporting or opposing an option on a referendum or plebiscite question; 6 R-8.01 REG 1 REFERENDUM AND PLEBISCITE (o) “this Act” where used: (i) in subsections 192(1), 193(1) and (2) and 194(1) and (2), section 197, subsections 198(1) and (2) and 227(1) and section 232 of that Act means these regulations; and (ii) in clauses 142(a) and (b) of that Act means that Act and these regulations; (p) “writ” where used in that Act means writ of referendum or writ of plebiscite; (q) “writ of election” where used in that Act means writ of referendum or writ of plebiscite; (r) “written appointments delivered by representatives pursuant to section 49” where used: (i) in subclause 109(c)(v) of that Act; and (ii) in subclauses 94(h)(iii) and 110(q)(v) of that Act and where an election is not held on the same day that a referendum or plebiscite is conducted; means declarations in Form H made by representatives appointed pursuant to subsection 17(1). (2) For the purpose of interpreting the provisions and forms of The Election Act that are adopted pursuant to section 3: (a) a reference in a provision or form of The Election Act to a provision of The Election Act that is listed in Column 1 of Table 3 of Part 1 of the Appendix to these regulations is deemed to be a reference to the provision of these regulations that is listed in Column 2 of that table opposite the provision in Column 1; (b) a reference in a provision or form of The Election Act to a form that is listed in Column 1 of Table 4 of Part 1 of the Appendix to these regulations is deemed to be a reference to the form listed in Column 2 of that table opposite the form in Column 1; and (c) a reference in The Election Act to representatives of candidates is deemed to be a reference to representatives appointed pursuant to section 17 or subsection 22(4). (3) Where an election is held on the same day that a referendum is conducted: (a) subsection 75(1) of The Election Act is to be interpreted as if the words “for the election or for the referendum or plebiscite” were added after “ballot paper”; and (b) a person who refuses to accept a ballot for the referendum or plebiscite is deemed, for the purposes of subsections 84(2) and (3) of that Act as adopted pursuant to section 3, to have declined the ballot. 13 Sep 91 cR-8.01 Reg 1 s4. 7 REFERENDUM AND PLEBISCITE R-8.01 REG 1 Forms 5(1) The forms prescribed for the purposes of conducting referendums and plebiscites are: (a) the forms set out in Part 2 of the Appendix to these regulations; and (b) the forms adopted pursuant to section 3. (2) Of the forms set out in Part 2 of the Appendix: (a) Forms A to K are forms specifically mentioned in the regulations; (b) Forms L to P are forms that are to be used in applying provisions of The Election Act that are adopted pursuant to section 3; and (c) Form Q is prescribed for the purposes of clause 7(1)(a) of the Act. 13 Sep 91 cR-8.01 Reg 1 s5. Officials 6(1) Subject to subsection (3), the Chief Electoral Officer, Assistant Chief Electoral Officer, election officers, enumerators, interpreters and constables appointed pursuant to The Election Act are the Chief Electoral Officer, Assistant Chief Electoral Officer, election officers, enumerators, interpreters and constables for the purposes of the Act and these regulations. (2) Where an election is held on the same day that a referendum or plebiscite is conducted, the Chief Electoral Officer, Assistant Chief Electoral Officer, election officers, enumerators, interpreters and constables appointed pursuant to The Election Act shall act in the same capacity and perform the same duties for the purposes of and in connection with the referendum or plebiscite as they do for the election. (3) Where an election is not held on the same day that a referendum or plebiscite is conducted, election clerks, deputy returning officers, poll clerks, interpreters and constables may be appointed for the purposes of the Act and these regulations in accordance with subsections 8(3) and 9(1), sections 10 and 11, subsections 30(2.2) and (2.3) and sections 52, 53, 56, 57 and 82 of The Election Act. (4) The returning officer shall complete the oath of secrecy in Form A and forward it to the Chief Electoral Officer with the copies of the proclamation being forwarded pursuant to clause 16(3)(a). 13 Sep 91 cR-8.01 Reg 1 s6. Writ of referendum 7(1) Subject to subsections (2) to (5), a referendum is to be commenced by an order of the Lieutenant Governor in Council: (a) directing the Chief Electoral Officer to issue a writ of referendum in Form B addressed to the person appointed as returning officer for the constituency in which the referendum is to be conducted; (b) fixing the day that the writ of referendum is to issue; (c) fixing the day for the taking of votes of the voters; 8 R-8.01 REG 1 REFERENDUM AND PLEBISCITE (d) fixing any five days before polling day on which the advance poll is to be held; and (e) fixing the day on which the returning officer shall add up the number of votes cast for each option on the referendum question and make a return to the writ. (2) The day mentioned in clause (1)(b) may be the same day that the order is issued or a day subsequent to that day. (3) The day mentioned in clause (1)(c) is to be: (a) the day specified by the Lieutenant Governor in Council; or (b) if the day specified is a holiday, Saturday or Sunday, the first day following that is not a holiday, Saturday or Sunday. (4) The five days mentioned in clause (1)(d): (a) are not to be Sundays or holidays; and (b) are to be not more than seven days and not less than one day before polling day. (5) The day mentioned in clause (1)(e) is to be: (a) the twelfth day after polling day; or (b) if the twelfth day is a holiday, the first day following that is not a holiday. 13 Sep 91 cR-8.01 Reg 1 s7. Writ of plebiscite 8(1) Subject to subsections (2) to (5), a plebiscite is to be commenced by an order of the Lieutenant Governor in Council or the minister or a resolution of the Assembly: (a) directing the Chief Electoral Officer to issue a writ of plebiscite in Form C addressed to the person appointed as returning officer for the constituency in which the plebiscite is to be conducted; (b) fixing the day that the writ of plebiscite is to issue; (c) fixing the day for the taking of votes of the voters; (d) fixing any five days before polling day on which the advance poll is to be held; and (e) fixing the day on which the returning officer shall add up the number of votes cast for each option on the plebiscite question and make a return to the writ. (2) The day mentioned in clause (1)(b) may be the same day that the order is issued or the resolution is passed or a day subsequent to that day. (3) The day mentioned in clause (1)(c) is to be: (a) the day specified by the Lieutenant Governor in Council, the minister or the Assembly, as the case may be; or (b) if the day specified is a holiday, Saturday or Sunday, the first day following that is not a holiday, Saturday or Sunday. 9 REFERENDUM AND PLEBISCITE R-8.01 REG 1 (4) The five days mentioned in clause (1)(d): (a) are not to be Sundays or holidays; and (b) are to be not more than seven days and not less than one day before polling day. (5) The day mentioned in clause (1)(e) is to be: (a) the twelfth day after polling day; or (b) if the twelfth day is a holiday, the first day following that is not a holiday. 13 Sep 91 cR-8.01 Reg 1 s8. Referendum or plebiscite question 9(1) Where an order mentioned in section 7 or an order or resolution mentioned in section 8 directs that a question presenting more than two options be put to voters, the ballot paper used at the referendum or plebiscite is to state clearly that the options are alternatives to each other so that a voter may vote in favour of only one of the options or against all of the options. (2) Where an order mentioned in section 7 or an order or resolution mentioned in section 8 directs that a question presenting two options be put to voters, the question is to be so worded that a voter may express an opinion on the question by making a cross, thus X, after the word “yes” on the ballot paper or a cross, thus X, after the word “no” on the ballot paper. 13 Sep 91 cR-8.01 Reg 1 s9. Duty of Chief Electoral Officer 10 The Chief Electoral Officer shall: (a) whenever the Chief Electoral Officer considers it expedient; but (b) not later than immediately after the issue of the writ; transmit to each returning officer a sufficient number of copies of the Act, these regulations, The Election Act, forms, materials and supplies to enable the returning officer to carry out his or her duties pursuant to these regulations. 13 Sep 91 cR-8.01 Reg 1 s10. Ballot paper 11(1) Every ballot paper, including the ballot paper of a person voting in accordance with section 20 of these regulations: (a) subject to subsection (2), is to be printed in Form D; (b) is to be printed on paper of a quality, weight and size that is determined and supplied by the Chief Electoral Officer; (c) is to be of the same description, as nearly as possible, as other ballot papers intended for use in the same referendum or plebiscite and in an election, if any, held on the same day as the referendum or plebiscite is conducted; (d) is to be numbered consecutively on the back of the stub and on the back of the counterfoil, with the same number being printed on the back of the stub as is printed on the back of the counterfoil; 10 R-8.01 REG 1 REFERENDUM AND PLEBISCITE (e) is to bear on the back of the ballot paper: (i) the date of the referendum or plebiscite; and (ii) the words “Referendum/Plebiscite Question #” with the question number filled in; placed in such a way that, when the ballot paper is folded by a voter, the date and those words can be seen without opening the ballot paper; (f) is to bear on the back of the ballot paper, in six-point type, the name and address of the printer who completes the printing of the ballot paper; (g) is to have the instructions to voters printed on the counterfoil; (h) is to have a stub at the left edge of the ballot paper that is 25.4 millimetres in width; (i) is to have a counterfoil that: (i) is the portion of the ballot paper that is to the right of the stub; and (ii) is 50.8 millimetres in width; (j) is to have a ballot that: (i) is to the right of the counterfoil; and (ii) is 114.3 millimetres in width; and (k) is to have a line of perforations: (i) between the stub and the counterfoil; and (ii) 50.8 millimetres to the right of the line of perforations mentioned in subclause (i) to separate the counterfoil from the ballot. (2) The Chief Electoral Officer shall set out the referendum or plebiscite question on the ballot paper for a referendum or plebiscite in a manner that, in the opinion of the Chief Electoral Officer, will best ensure that the options on the question are clearly indicated. (3) The Chief Electoral Officer shall: (a) furnish a printer with a quantity of sheets sufficient to provide one ballot paper to each voter; and (b) cause the printer to print the referendum or plebiscite question on each ballot paper. (4) The printer shall print the ballot paper: (a) subject to subsection (2), in Form D; and (b) unless otherwise authorized by the Chief Electoral Officer, with: (i) the referendum or plebiscite question, instructions to voters and the place to indicate the voter’s vote printed in black ink; and (ii) the face and counterfoil of the ballot paper appearing in the natural colour of the paper. 11 REFERENDUM AND PLEBISCITE R-8.01 REG 1 (5) The Chief Electoral Officer shall furnish each returning officer with a quantity of ballot papers sufficient to provide one ballot paper to each voter in the constituency. (6) The printer who completes the ballot papers on the instructions of the Chief Electoral Officer shall: (a) print on the back of each ballot paper: (i) the date of the referendum or plebiscite; (ii) the printer’s name and address in six-point type; and (iii) the words “Referendum/Plebiscite Question #” with the question number filled in; and (b) deliver to the Chief Electoral Officer: (i) an affidavit in Form E; (ii) the printed ballot papers; and (iii) any spoiled or unused sheets of paper provided by the Chief Electoral Officer. 13 Sep 91 cR-8.01 Reg 1 s11. Voters’ list 12(1) Where an election is to be held on the polling day for a referendum or plebiscite, the voters’ list to be used for the referendum or plebiscite is the official voters’ list for the election. (2) Subject to subsection (3), where an election is not to be held on the polling day for a referendum or plebiscite, the voters’ list to be used for the referendum or plebiscite is the official voters’ list for the last election held prior to the polling day for the referendum or plebiscite. (3) Where an election is not to be held on the polling day for a referendum or plebiscite, the Chief Electoral Officer may direct that an enumeration be conducted in accordance with sections 19 to 21, clauses 22(1)(b) to (d), subsection 22(2), sections 23 and 24, subsections 25(1) to (3), section 26, subsections 239(1) to (3), clauses 239(4) (a) and (c), subsection 239(5) and section 240 of The Election Act for the purposes of the referendum or plebiscite. 13 Sep 91 cR-8.01 Reg 1 s12. Eligibility of certain persons 13(1) Where an election is not to be held on the same day as a referendum or plebiscite is to be conducted, a member and a spouse or dependent of a member who lives with the member and is qualified as a voter is entitled: (a) to have his or her name entered on the voters’ list for: (i) the polling division in which the ordinary residence of the member is situated; or (ii) any one polling division in the constituency that the member represents; and 12 R-8.01 REG 1 REFERENDUM AND PLEBISCITE (b) to vote: (i) in the polling division in which his or her name is entered on the voters’ list pursuant to clause (a); or (ii) at an advance poll in the constituency in which the polling division mentioned in subclause (i) is situated. (2) Where an election is to be held on the same day that a referendum or plebiscite is to be conducted, subsection 28(5) of The Election Act applies with respect to voting on the referendum or plebiscite question by a candidate and the candidate’s spouse and dependants. 13 Sep 91 cR-8.01 Reg 1 s13. Polling divisions 14(1) Where an election is to be held on the polling day for a referendum or plebiscite, the polling divisions to be used for the referendum or plebiscite are the polling divisions established pursuant to section 18 of The Election Act for the election. (2) Subject to subsection (3), where an election is not to be held on the polling day for a referendum or plebiscite, the polling divisions to be used for the referendum or plebiscite are the polling divisions established pursuant to section 18 of The Election Act for the last election held prior to the polling day for the referendum or plebiscite. (3) Where an election is not to be held on the polling day for a referendum or plebiscite, the Chief Electoral Officer may direct the returning officers to establish polling divisions in accordance with section 18 of The Election Act for the purposes of the referendum or plebiscite. 13 Sep 91 cR-8.01 Reg 1 s14. Polling places 15(1) Where an election is to be held on the polling day for a referendum or plebiscite, the polling places to be used for the referendum or plebiscite, including the advance polling places, are the polling places established pursuant to sections 30, 32 and 91 and subsection 104(1) of The Election Act for the election. (2) Where an election is not to be held on the polling day for a referendum or plebiscite, the polling places to be used for the referendum or plebiscite, including the advance polling places, are to be established pursuant to sections 30, 32 and 91 and subsection 104(1) of The Election Act. 13 Sep 91 cR-8.01 Reg 1 s15. Proclamation 16(1) The returning officer shall publish by proclamation in Form F for a referendum or in Form G for a plebiscite: (a) the day that is to be the polling day; (b) the numbers, names and fully described boundaries of the polling divisions of the constituency and the places at which the voting will be held; 13 REFERENDUM AND PLEBISCITE R-8.01 REG 1 (c) where there is a sanatorium, hospital or remand centre in the constituency, the hours, if any, prescribed by the returning officer in accordance with section 92 of The Election Act as the hours during which the polling place in the sanatorium, hospital or remand centre is to be open; (d) the places at which the advance poll will be held and the days and the hours when the advance poll at those places will be open; (e) the day fixed pursuant to clause 7(1)(e) or 8(1)(e), the time when and the place where the returning officer will add up the number of votes cast for each of the options on the referendum or plebiscite question; and (f) the referendum or plebiscite question. (2) The returning officer shall cause copies of the proclamation to be posted not less than 24 clear days before the polling day: (a) in the office of the returning officer; and (b) with the approval of the Postmaster General of Canada or other proper officer, at every post office in the constituency. (3) As soon as the proclamation is printed, the returning officer shall send by ordinary mail: (a) 10 copies to the Chief Electoral Officer; and (b) one copy to the council of each city, town, village or rural municipality that is wholly or partly situated within the constituency. 13 Sep 91 cR-8.01 Reg 1 s16. Appointment of representatives 17(1) The deputy returning officer for each polling place shall appoint: (a) not more than two voters who are willing to act on behalf of those who support; and (b) not more than two voters who are willing to act on behalf of those who oppose; a referendum or plebiscite question. (2) Persons appointed pursuant to subsection (1) are to be selected: (a) from among the applicants for those appointments; (b) on behalf of persons, if any, who apply to have those appointments made; or (c) if no persons apply pursuant to clause (a) or (b), from among those persons present at the polling place at the close of the poll. (3) Persons appointed pursuant to subsection (1) are entitled to be present at the polling place and to perform at the polling place any functions that: (a) these regulations authorize them to perform; and (b) The Election Act authorizes representatives of candidates to perform. 14 R-8.01 REG 1 REFERENDUM AND PLEBISCITE (4) The returning officer for each constituency shall appoint: (a) not more than two voters who are willing to act on behalf of those who support; and (b) not more than two voters who are willing to act on behalf of those who oppose; a referendum or plebiscite question. (5) Persons appointed pursuant to subsection (4) are to be selected: (a) from among the persons, if any, appointed pursuant to subsection (1) in the constituency who apply to the returning officer to be appointed; or (b) if no persons apply pursuant to clause (a), from among those persons present at the proceedings provided for by sections 97 and 117 of The Election Act and section 25 of these regulations. (6) The persons appointed pursuant to subsection (4) are entitled: (a) to be present at places other than polling places for the proceedings provided for by sections 97 and 117 of The Election Act and section 25 of these regulations; and (b) to perform at those proceedings the functions that: (i) these regulations authorize them to perform; and (ii) The Election Act authorizes representatives of candidates to perform. (7) Where the Chief Electoral Officer, a returning officer or a deputy returning officer is required by The Election Act or these regulations to seal a ballot box, envelope or parcel, the officer shall permit the persons appointed pursuant to subsection (1) or (4), if any, who are present to affix their seals to the ballot box, envelope or parcel. (8) Before a person appointed pursuant to subsection (1) or (4) enters on his or her duties, the person shall make and subscribe before the returning officer or deputy returning officer a declaration in Form H to the effect that he or she is willing to act on behalf of those who oppose or support the referendum or plebiscite question, as the case may be. (9) No election officer, enumerator or constable shall be appointed as a representative pursuant to this section. 13 Sep 91 cR-8.01 Reg 1 s17. Mode of marking, folding and depositing ballot paper 18(1) On receiving a ballot paper, a voter shall: (a) immediately proceed into the polling booth; and 15 REFERENDUM AND PLEBISCITE R-8.01 REG 1 (b) with: (i) the black lead pencil provided; (ii) a black or blue ink pen; or (iii) a black or blue ball-point pen; mark the ballot paper by placing a cross, thus X, in the place provided to indicate that the voter opposes or supports the referendum or plebiscite question. (2) After marking a ballot paper, a voter shall: (a) fold the ballot paper across twice right to left without overlapping the counterfoil by: (i) folding inward, from right to left, one-third of the ballot paper; and (ii) folding the folded edge, from right to left, to the edge of the counterfoil; so that the referendum or plebiscite question and the mark on the face of the paper are concealed, but the initials of the deputy returning officer are exposed; (b) leave the polling booth; (c) deliver the folded ballot paper to the deputy returning officer without delay and without: (i) showing the front to anyone; or (ii) displaying the ballot paper so as to make known to any person the option on the referendum or plebiscite question for which the voter has or has not marked a vote; (d) observe the deputy returning officer deposit the ballot paper in the ballot box; and (e) after the ballot paper has been deposited in the ballot box, immediately leave the polling place. 13 Sep 91 cR-8.01 Reg 1 s18. Ballot paper re vote in hospital, etc. 19(1) The ballot paper to be used for the purpose of taking a vote in a sanatorium, hospital or remand centre shall be in Form D. (2) For the purpose of taking the votes in each sanatorium, hospital and remand centre situated in a constituency, the Chief Electoral Officer shall send to the returning officer a sufficient supply of ballot envelopes on which a declaration in Form I is printed. 13 Sep 91 cR-8.01 Reg 1 s19. Voting procedure in hospital, etc. 20(1) Notwithstanding section 65 of The Election Act, a person who is a patient in a sanatorium or hospital or a remand prisoner in a remand centre may vote on a referendum or plebiscite question at a polling place established in the sanatorium, hospital or remand centre in accordance with subsection 91(1) of The Election Act or subsection 15(2) of these regulations. 16 R-8.01 REG 1 REFERENDUM AND PLEBISCITE (2) Except as provided in sections 91 and 92 of The Election Act and in this section, voting in a sanatorium, hospital or remand centre is to be conducted in the same manner as voting at any other polling place. (3) Where a patient enters a polling place established in a sanatorium or hospital or a remand prisoner enters a polling place established in a remand centre: (a) the deputy returning officer shall require the patient or remand prisoner to declare his or her: (i) name; (ii) occupation; (iii) post office address; (iv) location of residence; and (v) constituency of ordinary residence on the day that the writ was issued; (b) the poll clerk shall: (i) complete the declaration in Form I on the ballot envelope from the information supplied by the voter and by reference to the material furnished by the Chief Electoral Officer with respect to the constituencies in Saskatchewan; and (ii) record the name of the patient or remand prisoner in the poll book and fill in the appropriate spaces opposite the voter’s name; and (c) the deputy returning officer shall: (i) request the patient or remand prisoner to make the declaration; and (ii) after the patient or remand prisoner has completed the declaration, but not otherwise, hand the patient or remand prisoner a ballot paper in Form D, initialled in the manner described in section 76 of The Election Act. (4) Subject to subsection (5), on receiving a ballot paper from a patient or remand prisoner, the deputy returning officer shall proceed in accordance with section 78 of The Election Act. (5) Instead of placing the ballot paper in the ballot box, the deputy returning officer shall: (a) place the ballot paper in the ballot envelope bearing the declaration made by the patient or remand prisoner; (b) seal the envelope; and (c) deposit the sealed envelope containing the ballot paper in the ballot box. (6) Where a patient or remand prisoner refuses to make a declaration: (a) the poll clerk shall make a notation to that effect in the poll book; and (b) the patient or remand prisoner shall not be given a ballot paper and shall not vote. 17 REFERENDUM AND PLEBISCITE R-8.01 REG 1 (7) Notwithstanding subsections (3) to (5), where an election is held on the same day that a referendum or plebiscite is conducted, a ballot paper for the referendum or plebiscite is to be placed, together with the ballot paper for the election, in the ballot envelope that contains the declaration made by the patient or remand prisoner pursuant to subsection 93(3) of The Election Act. 13 Sep 91 cR-8.01 Reg 1 s20. Procedures re votes taken in hospital, etc. where referendum/plebiscite and election on same day 21(1) Where a referendum or plebiscite is conducted on the same day as an election, sections 94 to 97 of The Election Act apply with respect to votes taken in a sanatorium, hospital or remand centre except as otherwise provided in this section. (2) The returning officer shall: (a) in the course of performing the duty described in clause 97(1)(e) of The Election Act: (i) separate the ballots cast on the referendum or plebiscite from those cast on the election; and (ii) place the ballots cast on the referendum or plebiscite in a special envelope supplied for the purpose; and (b) after performing the duty described in clause 97(1)(l) of The Election Act and before performing the duty described in clause 97(1)(m) of that Act: (i) remove the ballots cast on the referendum or plebiscite from the special envelope in which they were placed pursuant to subclause (a)(ii) and deposit them in the ballot box; and (ii) count the number of votes in favour of each option on the referendum or plebiscite question in accordance with clauses 97(1)(h), (j), (k) and (l) of The Election Act. 13 Sep 91 cR-8.01 Reg 1 s21. Procedures re votes taken in hospital, etc, where referendum/plebiscite not on same day as election 22(1) Where a referendum or plebiscite is not conducted on the same day as an election, the procedures set out in this section apply with respect to votes taken in a sanatorium, hospital or remand centre. (2) The deputy returning officer shall: (a) immediately after the close of the polling place for the taking of votes of the voters in a sanatorium, hospital or remand centre; and (b) in the presence and in full view of the persons who are entitled pursuant to section 68 of The Election Act to be present; proceed in accordance with section 94 of The Election Act. 18 R-8.01 REG 1 REFERENDUM AND PLEBISCITE (3) On the twelfth day after polling day or, if the twelfth day is a holiday, on the first day following that is not a holiday, the Chief Electoral Officer shall, with respect to each locked and sealed ballot box received pursuant to subsection (2) and in the presence of any representatives appointed pursuant to subsection (4) that are in attendance: (a) open the ballot box and remove all ballot envelopes from it; (b) without opening the ballot envelopes, examine in turn the declarations made by voters on the ballot envelopes and permit any representatives appointed pursuant to subsection (4) that are in attendance to examine in turn those declarations; (c) open each ballot envelope examined where: (i) no statutory declaration by a representative appointed pursuant to subsection (4) that sets out explicit reasons why the ballot envelope should not be opened has been presented to the Chief Electoral Officer; and (ii) the Chief Electoral Officer: (A) after examining any election documents in the possession of the Chief Electoral Officer that were used at the polling place at which the voter alleged in the declaration that he or she was qualified to vote; or (B) without making the examination described in paragraph (A); is satisfied that the voter was entitled to vote; (d) remove the folded ballot from each ballot envelope opened pursuant to clause (c) and, without unfolding the ballot, deposit it in a ballot box supplied for that purpose; (e) write in ink on the back of each ballot envelope that is not opened pursuant to clause (c): (i) in the case of a referendum, the words “Unopened, subject to review on recount”; and (ii) in the case of a plebiscite, the word “Unopened”; (f) place all unopened ballot envelopes in a special envelope supplied for the purpose, indicate on the special envelope the number of unopened ballot envelopes contained in it, sign his or her name on the special envelope and seal the special envelope; (g) open the ballot box and count the ballots cast for each option on the referendum or plebiscite question in the manner provided for the counting of ballots by a deputy returning officer at the close of a polling place for the taking of the votes of the voters, and enter the results on a form designed by the Chief Electoral Officer for that purpose; (h) make a note on the back of a ballot of every objection taken to it by a representative appointed pursuant to subsection (4), initial the note and decide the objection, subject to a review on recount in the case of a referendum; 19 REFERENDUM AND PLEBISCITE R-8.01 REG 1 (i) place all rejected ballots in a special envelope supplied for the purpose, indicate on the special envelope the number of rejected ballots contained in it and seal the special envelope; (j) place all the counted ballots in a special envelope supplied for the purpose, indicate on the special envelope the number of counted ballots contained it and seal the special envelope; (k) place in a special envelope supplied for the purpose all ballot envelopes that have been opened and from which the ballots have been removed, indicate on the special envelope the number of opened ballot envelopes contained in it and seal the special envelope; (l) place the special envelopes mentioned in this subsection in a ballot box; (m) make an addition of the votes given for each option on the referendum or plebiscite question; and (n) seal the ballot box mentioned in clause (l) with one of the metal seals prescribed by the Chief Electoral Officer and permit any representative appointed pursuant to subsection (4) who desires to do so to: (i) take note of the number of the metal seal; and (ii) affix the representative’s seal in such a manner that the box cannot be opened and that nothing can be deposited in it without breaking the seal. (4) The Chief Electoral Officer shall appoint: (a) not more than two voters who are willing to act on behalf of those who support; and (b) not more than two voters who are willing to act on behalf of those who oppose; the referendum or plebiscite question. (5) Persons appointed pursuant to subsection (4) are to be selected: (a) from among the persons, if any, who apply to the Chief Electoral Officer to be appointed; or (b) if no persons apply pursuant to clause (a), from among those persons who are present at the proceedings provided for by this section. (6) Subsections 17(7), (8) and (9) apply to a representative appointed pursuant to subsection (4). 13 Sep 91 cR-8.01 Reg 1 s22. 20 R-8.01 REG 1 REFERENDUM AND PLEBISCITE Procedure at counting of votes 23(1) Where an election is not held on the same day as a referendum or plebiscite is conducted, the deputy returning officer shall count the votes cast on the referendum or plebiscite in accordance with section 110 of The Election Act. (2) Where a referendum or plebiscite is conducted on the same day as an election, a deputy returning officer, while carrying out the duties set out in section 110 of The Election Act with respect to the election: (a) after opening the ballot box pursuant to clause 110(h) of that Act and before counting the votes pursuant to clause 110(i) of that Act, shall: (i) remove all ballots from the ballot box; (ii) unfold the ballots; (iii) separate the ballots cast on the referendum or plebiscite question from those cast for the election; (iv) return the ballots cast for the election to the ballot box; and (v) place the ballots cast on the referendum or plebiscite question in a special envelope supplied for that purpose and seal the envelope; and (b) after performing the duty described in clause 110(o) of that Act and before performing the duty described in clause 110(p) of that Act: (i) shall remove the ballots cast on the referendum or plebiscite question from the special envelope in which they were placed pursuant to subclause (a)(v) and return them to the ballot box; (ii) shall count the number of votes in favour of each option on the referendum or plebiscite question, giving full opportunity to those present to examine each ballot; (iii) shall: (A) make a note in the poll book of every objection taken to a ballot by a representative appointed pursuant to subsection 17(1) who is present; (B) number each objection; (C) place a corresponding number on the back of the ballot and initial that number; and (D) decide the objection, subject to review on recount in the case of a referendum; (iv) shall: (A) place all rejected ballots in a special envelope supplied for that purpose; (B) indicate the number of rejected ballots contained in the special envelope on: (I) the outside of the envelope; and (II) the ballot paper account and poll statement; and (C) seal the special envelope; 21 REFERENDUM AND PLEBISCITE R-8.01 REG 1 (v) shall: (A) place all the ballots cast for each option on the referendum or plebiscite question in separate envelopes supplied for that purpose; (B) indicate the number of ballots cast for each option on the referendum or plebiscite question on: (I) the envelope containing those ballots; and (II) the ballot paper account and poll statement; and (C) seal the envelopes; (vi) when the deputy returning officer is satisfied as to the accuracy of the ballot paper account and poll statement, shall: (A) sign each copy of it; (B) ensure that the poll clerk signs it; and (C) permit each representative appointed pursuant to sub- section 17(1) who is present to sign it if the representative desires to do so; (vii) shall place the original ballot paper account and poll statement in the special envelope supplied for that purpose and keep the second copy of it as the deputy returning officer’s own record; (viii) shall permit each representative appointed pursuant to sub- section 17(1) who is present and who desires to do so to: (A) sign the representative’s name or initials; and (B) affix the representative’s seal; across the flap of any of the special envelopes mentioned in this subsection; and (ix) shall: (A) place in the large envelope supplied for that purpose the following materials: (I) the envelopes containing the ballots counted for each of the options on the referendum or plebiscite question; (II) the envelope containing the rejected ballots; (III) the envelope containing the unused ballot papers; (IV) the envelope containing the spoiled and declined ballot papers; and (V) the declarations of representatives appointed pursuant to subsection 17(1); (B) seal the envelope with the deputy returning officer’s seal and sign the envelope; 22 R-8.01 REG 1 REFERENDUM AND PLEBISCITE (C) permit each representative appointed pursuant to subsection 17(1) who is present and who desires to do so to: (I) sign the representative’s name or initials; and (II) affix the representative’s seal; across the flap of the envelope; and (D) place the envelope in the ballot box. (3) Immediately after being advised of the results of the voting on a referendum or plebiscite question in accordance with clause 110(t) of The Election Act, each returning officer shall advise the Chief Electoral Officer by telephone of the results of the voting. 13 Sep 91 cR-8.01 Reg 1 s23. Rejected ballots 24(1) In counting the votes on a referendum or plebiscite, a deputy returning officer shall reject all ballots: (a) that have not been supplied by the deputy returning officer; (b) by which votes have been given for more options on the referendum or plebiscite question than the voter is entitled to vote for; (c) on which anything is written or marked by the voter by which the voter can be identified; (d) that are marked other than by: (i) the black lead pencil supplied; (ii) black or blue ink pen; or (iii) black or blue ball-point pen; (e) on which no vote has been given for an option on the referendum or plebiscite question; or (f) that are required to be rejected pursuant to subsection 40(4). (2) In counting the votes on a referendum or plebiscite, a deputy returning officer shall not reject a ballot that has been marked in accordance with section 18. (3) In counting the votes on a referendum or plebiscite, a deputy returning officer shall not reject a ballot that has been marked with some mark other than a cross mark (X) if: (a) there is clearly indicated an intention to mark in favour of an option on the referendum or plebiscite question; and (b) there is no apparent intention of identification of the voter; and the ballot is deemed to be a sufficient vote for the option on the referendum or plebiscite question for which the ballot is marked unless the cross mark (X) is used elsewhere on the ballot. 23 REFERENDUM AND PLEBISCITE R-8.01 REG 1 (4) In counting the votes on a referendum or plebiscite, a deputy returning officer shall not reject a ballot to which the counterfoil is attached, but the deputy returning officer shall, carefully concealing the number on the counterfoil from all persons present and without examining the counterfoil, remove and destroy the counterfoil. (5) In counting the votes on a referendum or plebiscite, a deputy returning officer shall not reject a ballot on the back of which the deputy returning officer has omitted to affix his or her initials in the manner described in section 76 of The Election Act if the deputy returning officer is satisfied that: (a) the ballot is one that was supplied by the deputy returning officer; (b) the omission has actually been made; and (c) every ballot paper supplied to the deputy returning officer has been accounted for in accordance with section 23. (6) If the deputy returning officer is satisfied in accordance with subsection (5) with respect to a ballot, the deputy returning officer shall: (a) in the presence of the poll clerk and the representatives appointed pursuant to subsection 17(1), affix his or her initials to the ballot; and (b) count the ballot as if it had been initialled by him or her in the first place. 13 Sep 91 cR-8.01 Reg 1 s24.

Duties of returning officer 25(1) Where a referendum or plebiscite is conducted on the same day as an election, the returning officer, while carrying out the duties set out in section 117 of The Election Act with respect to the election, shall, after performing the duty described in paragraph 7 of section 117 of that Act and before performing the duty described in paragraph 8 of section 117 of that Act: (a) make an addition of the votes given for each option on the referendum or plebiscite question as shown on the returning officer’s statement, including votes entered on that statement pursuant to section 97 of that Act; and (b) place the large envelopes described in subclause 23(2)(b)(ix) and the special envelopes described in subsection 97(1) of that Act that relate to the referendum or plebiscite in the special ballot boxes supplied for this purpose. (2) Where an election is not held on the same day as the referendum or plebiscite is conducted, the returning officer shall: (a) add up the votes cast on the referendum or plebiscite in accordance with paragraphs 1 to 4, 6 and 8 of section 117 of The Election Act; and (b) after performing the duty described in paragraph 6 of section 117 of The Election Act and before performing the duty described in paragraph 8 of section 117 of that Act, place the large envelopes described in clause 110(q) of The Election Act in the ballot boxes. 24 R-8.01 REG 1 REFERENDUM AND PLEBISCITE (3) After performing the duty described in paragraph 8 of section 117 of The Election Act, the returning officer shall immediately send to the Chief Electoral Officer: (a) by registered mail: (i) a return in Form J stating the number of votes given for each option on the referendum or plebiscite question; (ii) the writ of referendum or plebiscite; and (iii) a report of the proceedings setting out the returning officer’s observations as to the state of the ballot boxes or ballot papers received for the purpose of the referendum or plebiscite by the returning officer; and (b) by express, enclosed in one or more boxes or other covering and securely sealed: (i) all special ballot boxes mentioned in clause (1)(c) or ballot boxes mentioned in clause (2)(b), as the case may be, and their contents; and (ii) all other election materials used by the returning officer at the count; that relate exclusively to the referendum or plebiscite. (4) The returning officer shall endorse on or affix a label to the box or other covering used pursuant to clause (3)(b) that sets out: (a) a description of the contents of the box or other covering; (b) the date of the referendum or plebiscite to which the contents relate; and (c) the name of the constituency in which the referendum or plebiscite was held. (5) Immediately after sending the return described in clause (3)(a), the returning officer shall complete an affidavit in Form K and send it to the Chief Electoral Officer by registered mail. 13 Sep 91 cR-8.01 Reg 1 s25. Special report by returning officer 26 Where a ballot box disappears or a statement mentioned in section 123 of The Election Act cannot be procured, the returning officer shall mention specially in a report to be sent with the return pursuant to clause 25(3)(a): (a) the circumstances accompanying the disappearance of any ballot box; (b) the want of the statement; and (c) the mode by which the returning officer ascertained the number of votes given for each option on the referendum or plebiscite question. 13 Sep 91 cR-8.01 Reg 1 s26. 25 REFERENDUM AND PLEBISCITE R-8.01 REG 1 Recount or addition - referendum 27(1) Where, after the addition by all returning officers of the number of votes given for each option on a referendum question: (a) the number of votes validly cast in Saskatchewan is between 49.5% and 50.5% of the voters who were entitled to vote in the referendum; (b) the number of votes given for the option on the referendum question that receives a majority of votes is at least 59.5% of the number of votes validly cast in the referendum; and (c) where an election is held on the same day that the referendum is conducted, the government that initiated the referendum is re-elected; the Chief Electoral Officer shall apply to a judge of the court at any judicial centre for an appointment fixing the time and place for a recount or an addition of all votes cast in Saskatchewan on the referendum question. (2) Where, after the addition by all returning officers of the number of votes given for each option on a referendum question: (a) the number of votes validly cast in Saskatchewan is at least 49.5% of the voters who were entitled to vote in the referendum; (b) the number of votes given for the option on the referendum question that receives a majority of votes is between 59.5% and 60.5% of the number of votes validly cast in the referendum; and (c) where an election is held on the same day that the referendum is conducted, the government that initiated the referendum is re-elected; the Chief Electoral Officer shall apply to a judge of the court at any judicial centre for an appointment fixing the time and place for a recount or an addition of all votes cast in Saskatchewan on the referendum question. (3) An application pursuant to subsection (1) or (2) is to be made within 10 days after the Chief Electoral Officer receives the returns forwarded by the returning officers pursuant to subsection 25(3). (4) Where the judge is satisfied that the circumstances described in subsection (1) or (2) exist, the judge shall, by order, appoint one or more times and places at which one or more judges will supervise the recount or addition. (5) The times appointed pursuant to subsection (4) shall be not less than 10 days after the date of the application pursuant to subsection (1) or (2). (6) The Chief Electoral Officer shall serve copies of the order mentioned in subsection (4) in any manner and on any persons that the court may direct. 13 Sep 91 cR-8.01 Reg 1 s27. 26 R-8.01 REG 1 REFERENDUM AND PLEBISCITE Application by voter for recount, etc. 28(1) Where the Chief Electoral Officer fails to comply with subsection 27(1) or (2), any voter may apply to a judge of the court at any judicial centre for an appointment fixing the time and place for a recount or addition of all votes cast in Saskatchewan on the referendum question. (2) An application pursuant to subsection (1) is to be made within 10 days after the expiry of the period mentioned in subsection 27(3). (3) A voter who applies for a recount or addition pursuant to subsection (1) shall, when filing the application, deposit with the local registrar of the court the sum of $5,000 as security for the costs in connection with the recount or addition. (4) The sum mentioned in subsection (3) is to be tendered: (a) in Bank of Canada notes; (b) by a cheque for that sum drawn on and accepted by: (i) a bank listed in Schedule I or Schedule II of the Bank Act (Canada); (ii) a credit union that is incorporated pursuant to The Credit Union Act, 1985; or (iii) a trust corporation that is licensed pursuant to The Trust and Loan Corporations Act; or (c) partly in notes and partly by cheque. (5) If the judge is satisfied that: (a) the circumstances described in subsection 27(1) or (2) exist; and (b) the voter has made the deposit required pursuant to subsection (3); the judge may, by order, appoint one or more times and places at which one or more judges will supervise the recount or addition of all votes cast in Saskatchewan on the referendum question. (6) The times appointed pursuant to subsection (5) shall be not less than 10 days after the date of the application pursuant to subsection (1). (7) The applicant shall serve a copy of an application or order made pursuant to this section on: (a) the Chief Electoral Officer; and (b) any other persons that the court may direct; in any manner that the court may direct. 13 Sep 91 cR-8.01 Reg 1 s28. Order 29(1) Subject to subsection (2), an order made pursuant to section 27 or 28 shall specify: (a) how and by whom the recount or addition is to be conducted; 27 REFERENDUM AND PLEBISCITE R-8.01 REG 1 (b) who is entitled to be present at the recount or addition; (c) the times and places at which the recount or addition is to be conducted; and (d) the times and places at which and the persons to whom the Chief Electoral Officer and the returning officers shall deliver all materials required to perform the recount or addition. (2) Where an election is held on the same day that a referendum is conducted and a recount or addition is held with respect to the election of any candidate, a recount or addition with respect to the referendum is not to be held until after the recount or addition with respect to the election and any appeal from that recount or addition are completed. (3) Where an election is held on the same day that a referendum is conducted, the materials mentioned in clause (1)(d) may include materials that, pursuant to The Election Act, are held by the returning officer or are sealed in envelopes or ballot boxes with respect to the election. 13 Sep 91 cR-8.01 Reg 1 s29. Designation of judge 30(1) Where an order is made pursuant to section 27 or 28, the local registrar of the court shall immediately notify in writing: (a) the Chief Justice of the court; or (b) if the Chief Justice is absent or unable to act because of illness or other cause, the senior puisne judge of the court. (2) The Chief Justice or senior puisne judge, as the case may be, shall immediately designate one or more judges in accordance with the order to supervise the recount or addition. (3) The judges designated pursuant to subsection (2) shall attend at the dates and places appointed and supervise the recount or addition. 13 Sep 91 cR-8.01 Reg 1 s30. Procedure at recount 31(1) The returning officers and election clerks, with respect to their own constituencies, or other persons specified in an order made pursuant to section 27 or 28: (a) shall: (i) make the addition from the ballot paper accounts and poll statements and the returning officer’s statements; or (ii) recount all the votes and ballots; and (b) shall, in the case of a recount, open all the sealed envelopes containing: (i) the ballots that have been counted; (ii) the rejected ballots; 28 R-8.01 REG 1 REFERENDUM AND PLEBISCITE (iii) the spoiled ballot papers; (iv) the declined ballot papers; (v) the unused ballot papers; and (vi) the unopened ballot envelopes. (2) In the case of a recount, a supervising judge: (a) may receive evidence orally or by affidavit respecting the qualification as a voter of any person whose ballot envelope has not been opened; and (b) shall: (i) make a finding with respect to the issue mentioned in clause (a); and (ii) deal with the ballot envelope and the ballot contained in it as nearly as may be in accordance with section 97 of The Election Act. (3) Where an election is held on the same day that a referendum is conducted and a recount or addition is held with respect to the election of any candidate, any findings with respect to the qualifications as a voter of any person pursuant to section 133 or 141 of The Election Act made by a judge during the course of the recount or addition or during any appeal from the recount or addition are binding on the recount or addition with respect to the referendum. (4) Subsection (3) does not apply to a finding that rejects a person’s vote in the election because the person voted in a constituency in which he or she was not entitled to vote. 13 Sep 91 cR-8.01 Reg 1 s31. Review of decision of returning officer 32(1) At a recount or addition, if the supervising judge considers it necessary or is requested to do so, the supervising judge shall review the decision of a returning officer with respect to the number of votes cast for an option on the referendum question at any polling place where: (a) the ballot box used was not available when the returning officer made the decision; or (b) the proper statements or papers were not found in the ballot box. (2) For the purpose of determining the facts, a supervising judge: (a) has all the powers of the returning officer with respect to the attendance and examination of witnesses; and (b) may act on the evidence taken by the returning officer. (3) Where there are two or more supervising judges: (a) the Chief Justice or the senior puisne judge, as the case may be, shall assign responsibility for specific constituencies to each supervising judge for the purposes of this section; and (b) the decision of a supervising judge pursuant to subsection (1) is deemed to be the decision of the supervising judges. 13 Sep 91 cR-8.01 Reg 1 s32. 29 REFERENDUM AND PLEBISCITE R-8.01 REG 1 Certificate of supervising judges 33 Where no notice of appeal is served on the supervising judges pursuant to section 36 within five days after the completion of the recount or addition, the supervising judges shall immediately on the expiration of that five-day period certify to the Chief Electoral Officer the number of: (a) ballots validly cast in the referendum vote; and (b) votes marked in favour of each option on the referendum question. 13 Sep 91 cR-8.01 Reg 1 s33. Costs of recount or addition 34(1) Where a recount or addition is ordered pursuant to section 27, the Chief Electoral Officer, after taxation of the costs pursuant to subsection (4), shall pay the costs of the persons named in the order pursuant to clause 29(1)(b), other than election officers, who appeared at the recount or addition. (2) Where: (a) a recount or addition is ordered pursuant to section 28; and (b) the supervising judges find that the Chief Electoral Officer failed to comply with section 27; the Chief Electoral Officer, after taxation of the costs pursuant to subsection (4), shall pay the costs of: (c) the applicant; (d) the persons served pursuant to clause 28(7)(b) who appeared on the application; and (e) the persons mentioned in subsection (1) who appeared at the recount or addition. (3) In cases other than those mentioned in subsections (1) and (2), the supervising judges may, with respect to the costs preliminary to the recount or addition and the costs of the recount or addition, direct that: (a) each person bear his or her own costs; or (b) the costs be paid by one or more of the following: (i) the applicant; (ii) the persons described in subsection (2); (iii) the Chief Electoral Officer. (4) Subject to subsection (5), the local registrar of the court shall: (a) tax the costs mentioned in this section; and (b) as nearly as may be, follow the tariff of costs with respect to proceedings in the court. 30 R-8.01 REG 1 REFERENDUM AND PLEBISCITE (5) The total amount that can be taxed against any one person other than the Chief Electoral Officer shall not exceed $5,000 exclusive of disbursements. (6) Subject to subsection (7), costs directed to be paid by an applicant are to be paid to the person entitled to them: (a) from the money deposited as security for costs by the applicant; and (b) if more than one person is entitled to them, in any proportions that the supervising judges determine. (7) Where: (a) the supervising judges direct that costs are to be paid by the applicant; and (b) the money deposited as security for costs is insufficient; the supervising judges may direct that a writ of execution issue out of the court against the applicant for the balance of the costs. (8) Where the supervising judges direct that costs are to be paid by a person other than the applicant or the Chief Electoral Officer, they may direct that a writ of execution issue out of the court against that person for the amount of the costs. 13 Sep 91 cR-8.01 Reg 1 s34. Hearing re failure to proceed with recount, etc. 35(1) Where the supervising judges fail to proceed with a recount or an addition in accordance with these regulations and The Election Act, any person aggrieved, within five days after that failure, may file a statement under oath with the registrar of the Court of Appeal, which need not be entitled in any manner or cause, setting out the facts relating to the failure. (2) The registrar of the Court of Appeal shall immediately forward the statement mentioned in subsection (1) to the Chief Justice of Saskatchewan, and the Chief Justice shall appoint a judge of the Court of Appeal to deal with the matter. (3) If it appears to the judge appointed pursuant to subsection (2) that there has been a failure to proceed with a recount or an addition in accordance with these regulations and The Election Act, the judge shall make an order: (a) appointing the time and place for a hearing of the matter; (b) directing the attendance of all persons interested at the time and place mentioned in clause (a); and (c) directing service of a copy of the order and of the statement on the supervising judges and on any other persons that the judge considers to be interested. (4) The time mentioned in clause (3)(a) is to be within eight days after a judge of the Court of Appeal is appointed pursuant to subsection (2). 31 REFERENDUM AND PLEBISCITE R-8.01 REG 1 (5) The supervising judges or any person served pursuant to clause (3)(c): (a) may file in the office of the registrar of the Court of Appeal affidavits in reply to the statement; and (b) on the demand of the person who filed the statement, shall furnish that person with a copy of the affidavits. (6) At the time and place appointed pursuant to clause (3)(a) or at any other time and place to which the hearing may be adjourned, a judge of the Court of Appeal: (a) shall hear all of the persons mentioned in clause (3)(b) who are present or their counsel; (b) shall make an order: (i) dismissing the matter; or (ii) directing the supervising judges to take any action that, in the opinion of the judge of the Court of Appeal, is necessary to comply with the requirements of these regulations and the provisions of The Election Act adopted by these regulations with respect to the recount or addition; and (c) may make any order as to costs that the judge considers proper. (7) A supervising judge who is ordered pursuant to subsection (6) to take action shall immediately carry out the directions of that order. (8) The remedies for the recovery of costs awarded by an order pursuant to clause (6)(c) are the same as the remedies for the recovery of costs in ordinary cases in the court. 13 Sep 91 cR-8.01 Reg 1 s35. Appeal from decision of supervising judges 36(1) A person who desires to appeal from a decision of supervising judges may, within five days after the completion of the recount or addition, apply to a judge of the Court of Appeal for leave to appeal by serving a written notice of application for leave to appeal on: (a) the supervising judges; (b) the Chief Electoral Officer; and (c) the persons mentioned in subsection 34(1). (2) An applicant, in the notice of application for leave to appeal, may limit the application to an appeal with respect to specified ballots or specific findings made by the supervising judges. (3) Unless the application is limited in accordance with subsection (2), an application for leave to appeal is deemed to be a request for a recount of all the ballots. 32 R-8.01 REG 1 REFERENDUM AND PLEBISCITE (4) The supervising judges shall immediately forward to the registrar of the Court of Appeal: (a) the notice of application for leave to appeal served on them; and (b) a certificate showing: (i) their findings; (ii) the day of completion of the recount or addition; and (iii) the names and addresses of the persons who appeared at the recount or addition. (5) If an application for leave to appeal is limited, any person mentioned in clause (1)(c) desiring to cross appeal shall: (a) file at the office of the registrar of the Court of Appeal a notice of application for leave to cross appeal; and (b) serve a copy of the notice mentioned in clause (a) on: (i) the Chief Electoral Officer; (ii) the applicant or counsel for the applicant; and (iii) all other persons mentioned in clause (1)(c); within five days after being served with the notice of application for leave to appeal. (6) Where a notice is served and filed pursuant to subsection (5), the application for leave to appeal is deemed not to be limited. (7) An application for leave to appeal shall be allowed only where the applicant satisfies the judge who hears the application that the total number of all unopened ballot envelopes, rejected ballots and ballots objected to could, if counted, reverse the determination as to whether or not the referendum meets the requirements set out in section 4 of the Act. (8) Where leave to appeal is granted, the Chief Justice of Saskatchewan shall, by order: (a) subject to subsection (9), appoint one or more times and places at which one or more judges designated pursuant to clause (b) are to supervise the recount or addition of all votes cast in Saskatchewan on the referendum question; and (b) designate one or more judges of the Court of Appeal to supervise the recount or addition; (c) where more than one judge is designated pursuant to clause (b), assign responsibility for specific constituencies to each judge for the purposes of section 32; and (d) direct the supervising judges and the Chief Electoral Officer to deliver the ballots and other election papers to the registrar of the Court of Appeal for the purposes of the recount or addition. 33 REFERENDUM AND PLEBISCITE R-8.01 REG 1 (9) The time appointed for the recount or addition to commence shall not be more than 10 days after the day on which the appointment is made. (10) The registrar of the Court of Appeal or any other person specified by the Chief Justice of Saskatchewan shall immediately serve a copy of the order mentioned in subsection (8) on: (a) the supervising judges; (b) the Chief Electoral Officer; (c) the persons described in subsection 34(1) or their counsel, if any, who appeared at the recount or addition; and (d) the persons who conducted the recount or addition. (11) At the times appointed pursuant to clause (8)(a), the designated judges of the Court of Appeal: (a) shall: (i) supervise the recount of the ballots or any of the ballots that are the subject of appeal; or (ii) review the addition by the supervising judges; as the case may require; and (b) shall hear and determine all matters that may be necessary to complete the recount or addition properly. (12) Sections 134 and 135 of The Election Act and subsections 29(1) and (3) and 31(1) of these regulations apply, with any necessary modification, to a recount or addition supervised by judges of the Court of Appeal. (13) The judges who supervise a recount or addition pursuant to this section have the same rights and powers with respect to the matters under appeal as are given by these regulations and The Election Act to supervising judges. (14) The appellant is not entitled to abandon or discontinue the appeal unless the appellant is given leave to do so by the designated judges of the Court of Appeal. (15) Subject to section 34, the judges who supervise a recount or addition pursuant to this section may direct by and to whom the costs of: (a) proceedings preliminary to the recount or addition; and (b) the recount or addition; shall be paid. (16) The judges who supervise a recount or addition pursuant to this section shall, immediately after completing the recount or addition, certify their decision to the supervising judges. (17) The supervising judges shall: (a) comply with the decision certified pursuant to subsection (16); and (b) certify the result without delay to the Chief Electoral Officer. 13 Sep 91 cR-8.01 Reg 1 s36. 34 R-8.01 REG 1 REFERENDUM AND PLEBISCITE Compelling returning officer to add votes 37(1) Where a returning officer wilfully delays, neglects or refuses to add up the votes, any voter who voted at the referendum or plebiscite may apply to a judge of the court for a mandamus commanding the returning officer to add up the votes. (2) A copy of the notice of motion for an application pursuant to subsection (1) is to be served on the returning officer and the Chief Electoral Officer. (3) The Queen’s Bench Act and The Queen’s Bench Rules apply to the application. 13 Sep 91 cR-8.01 Reg 1 s37. Duties of Chief Electoral Officer 38(1) On receiving from each returning officer a return pursuant to clause 25(3)(a), the Chief Electoral Officer shall add up all the votes given for each option on the referendum or plebiscite question in Saskatchewan, including, where an election is not held on the same day that the referendum or plebiscite is conducted, the votes counted by the Chief Electoral Officer pursuant to sub- section 22(3). (2) Immediately after adding up the votes pursuant to subsection (1) or, where there has been a recount or addition, immediately after the receipt of a certificate pursuant to section 33 or subsection 36(17), the Chief Electoral Officer shall: (a) declare the results of the voting on the referendum or plebiscite question; and (b) publish in the next issue of the Gazette: (i) a notice of the receipt of the returns; (ii) the date of the receipt of the returns; and (iii) the results of the voting on the referendum or plebiscite question. (3) Where, pursuant to clause (2)(a), the Chief Electoral Officer has declared the results of the voting on a referendum prior to the making of an order pursuant to subclause 35(6)(b)(ii), the Chief Electoral Officer, on receiving the supervising judges’ certificate of the result of the recount or addition pursuant to section 33, shall: (a) make a new declaration pursuant to clause (2)(a); and (b) publish in the next issue of the Gazette a notice of the new declaration. (4) A new declaration made pursuant to subsection (3) cancels and replaces any previous declaration. 13 Sep 91 cR-8.01 Reg 1 s38. Referendums and plebiscites not invalid in certain cases 39 No referendum or plebiscite shall be declared invalid by reason of: (a) any irregularity on the part of a returning officer or in any of the proceedings preliminary to the taking of the vote; (b) a failure to conduct voting at any polling place established for the purpose; 35 REFERENDUM AND PLEBISCITE R-8.01 REG 1 (c) non-compliance with provisions respecting: (i) the taking of votes; (ii) the counting of votes; or (iii) limitations of time; in these regulations or the provisions of The Election Act that are adopted pursuant to section 3; (d) any mistake in the use of the forms prescribed by these regulations or adopted pursuant to section 3; (e) a failure to serve the Chief Electoral Officer with any document; or (f) a failure to include the poll number on any declaration made by a voter; if it is shown to the satisfaction of the judge or court that has jurisdiction with respect to the matter that the referendum or plebiscite was conducted in accordance with the principles laid down in the Act and The Election Act and that the irregularity, failure, non-compliance or mistake did not materially affect the result of the referendum or plebiscite. 13 Sep 91 cR-8.01 Reg 1 s39. Conflicting questions 40(1) Where two or more questions are to be put to voters on a referendum or plebiscite and the questions conflict in whole or in part, the questions are to be put to the voters in accordance with this section. (2) Where questions are put to voters on a referendum or plebiscite pursuant to this section, a preliminary question is to be put as to whether the voters support or oppose any of the questions that are being put to the voters. (3) Where a voter indicates on the ballot: (a) that he or she supports the preliminary question, the voter shall then vote on one question of the voter’s choice; or (b) that he or she opposes the preliminary question, the voter shall not vote on any of the questions being put to the voters. (4) Where a voter: (a) votes in support of the preliminary question and votes for more than one of the questions being put to the voters; (b) votes in opposition to the preliminary question and votes for one or more of the questions being put to the voters; or (c) fails to vote in support of or in opposition to the preliminary question; the ballot is to be rejected. 36 R-8.01 REG 1 REFERENDUM AND PLEBISCITE (5) Where a majority of the voters whose ballots are not rejected: (a) vote in support of the preliminary question, the question put to the voters on the referendum or plebiscite that receives the greatest number of votes of the voters whose ballots are not rejected is the question that is deemed to have received a majority of votes; or (b) vote in opposition to the preliminary question, none of the questions put to the voters on the referendum or plebiscite is deemed to have received a majority of votes. 13 Sep 91 cR-8.01 Reg 1 s40. 37 REFERENDUM AND PLEBISCITE R-8.01 REG 1 Appendix PART 1 Tables TABLE 1 [subsection 3(1)] Provisions Adopted from The Election Act • subsections 2(2) and (3); • clause 4(2)(a), subclauses 4(2)(b)(i) and (iii) to (vi); • clauses 5(1)(a) to (c) and (e) to (i) and 5(2)(a) and (c) to (f); • subsections 8(1) and (2) and 9(2) and (3); • sections 12 to 14 and 16; • sections 27 to 29 and 31; • sections 48, 51, 54 and 55; • sections 58 to 76; • sections 78 to 80; • subsection 81(1), clauses 81(2)(a) and (b) and subsections 81(3) and (4); • sections 83 to 87; • subsections 88(1) and (2) and 89(1) to (13); • section 92; • section 103, subsection 104(2) and sections 105 to 109; • sections 113 to 115; • section 118; • sections 120 to 124; • sections 134 to 136; • sections 142 and 148 to 156; • subsection 157(1) and clause 157(2)(b); • sections 158 to 163; • clauses 164(a), (b), (e), (g) and (h); • sections 165 and 166; • subsection 170(3); • sections 171 to 178; • sections 184 and 187 to 190; • clauses 191(a) to (f) and (h) to (k); • sections 192 to 202; • subsections 227(1) and (2); and • sections 232 to 238 and 241. 13 Sep 91 cR-8.01 Reg 1. 38 R-8.01 REG 1 REFERENDUM AND PLEBISCITE TABLE 2 [subsection 3(3)] Forms Adopted from The Election Act • Forms 2, 3 and 5; • Forms 7, 8, 9 and 10; • Forms 18, 19, 19.1, 19.2, 20 and 21; • Form 24; • Form 26; • Forms 28 and 29; • Form 31; • Form 40; • Forms 42 and 43. 13 Sep 91 cR-8.01 Reg 1. TABLE 3 [clause 4(2)(a)] References to Certain Provisions of The Election Act Column 1 Column 2 (The Election Act) (these regulations) subsection 4(1) sections 7, 8 subsection 15(1) section 10 section 17 section 11 subsection 28(5) subsection 13(1) section 33 section 16 subsection 47(1) subsections 17(1) to (6) section 77 section 18 section 90 section 19 section 93 section 20 section 110 section 23 section 111 subsection 24(1) section 112 subsections 24(2) to (6) section 116(3) subsection 17(7) 39 REFERENDUM AND PLEBISCITE R-8.01 REG 1 section 125 section 26 section 126 section 27 section 127 section 28 subsections 128(2) and (3) section 30 section 133 section 31 section 137 section 32 subsections 138(1) and (2) section 33 section 139 section 34 subsections 140(1) to (5) section 35 section 141 section 36 sections 143, 144 subsections 25(3) to (5) section 145 section 37 section 146 clause 38(2)(b) section 147 section 39 13 Sep 91 cR-8.01 Reg 1. TABLE 4 [clause 4(2)(b)] References to Forms in Adopted Provisions of The Election Act Column 1 Column 2 Form 1 (The Election Act) Forms B, C Form 6 (The Election Act) Form L Forms 11, 12 (The Election Act) Form D Form 14 (The Election Act) Forms F, G Form 22 (The Election Act) Form A Form 23 (The Election Act) Form I Form 25 (The Election Act) Form M Form 27 (The Election Act) Form N Form 30 (The Election Act) Form O Form 32 (The Election Act) Form J Form 41 (The Election Act) Form P 13 Sep 91 cR-8.01 Reg 1. 40 R-8.01 REG 1 REFERENDUM AND PLEBISCITE PART 2 Forms Province of FORM A Saskatchewan The Referendum and Plebiscite Act OATH OF SECRECY Constituency of _________________________________ Polling Place No. _________ I, ___________________________________________________, swear (or solemnly affirm): 1. That I will not attempt to ascertain and will by every means in my power prevent any other person from ascertaining how any person is about to vote or has voted at this referendum / plebiscite, (except as may be necessary and proper in the case of persons blind or unable to read or incapable of marking their ballot papers as provided in The Referendum and Plebiscite Regulations.) [Note: words in parentheses to be omitted when oath is sworn or affirmed by returning officer.] 2. That I will not communicate to any person any information of any kind that may enable or assist any person to ascertain the option on the referendum / plebiscite question for which any person has voted. 3. That I will in all respects maintain and aid in maintaining the absolute secrecy of the voting (at this polling place.) [Note: words in parentheses to be omitted when oath is sworn or affirmed by returning officer.] So help me God. Sworn (or solemnly affirmed) before me at _________________________ , Saskatchewan, _________________________ (Signature) this ____ day of _________________ , 19 __. ______________________________________ A Commissioner for Oaths, etc. (or as the case may be) 13 Sep 91 cR-8.01 Reg 1 Form A. 41 REFERENDUM AND PLEBISCITE R-8.01 REG 1 Province of FORM B Saskatchewan The Referendum and Plebiscite Act WRIT OF REFERENDUM Canada: Province of Saskatchewan. Elizabeth the Second, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. To ______________________________of _______________________________ in the Province of Saskatchewan, greeting: We command you that you do cause: (a) A referendum to be held according to the law of our said Province of Saskatchewan for the Constituency of _______________________________ on the following question: (b) the voting to be held on ______________ the _______ day of _______________ ; (c) an advance poll to be held on the following days in the afternoon during the hours mentioned below: __________ the _____ day of _______________ , 19 ___, from 3:00 p.m. to 10:00 p.m.; __________ the _____ day of _______________ , 19 ___, from 3:00 p.m. to 10:00 p.m.; __________ the _____ day of _______________ , 19 ___, from 3:00 p.m. to 10:00 p.m.; __________ the _____ day of _______________ , 19 ___, from 3:00 p.m. to 10:00 p.m.; __________ the _____ day of _______________ , 19 ___, from 3:00 p.m. to 10:00 p.m.; (d) the number of votes cast for each option on the referendum question to be added up on _________________ the __________ day of _________________________ ; (e) a return to the writ to be made on _______________ the ___ day of ___________ . In Testimony Whereof we have caused these our letters to be made patent and the Great Seal of our said Province of Saskatchewan to be hereunto affixed. Witness our trusty and well beloved, the Honourable _____________________________ Lieutenant Governor of our Province of Saskatchewan at our City of Regina this ____day of _______________ in the ______ year of our reign and the year of our Lord 19 ____. By order, (Seal) _______________________________________ Chief Electoral Officer Endorsement Received the within writ on ________ being the ___ day of _______________ , 19 ___ . _______________________________ Returning Officer 13 Sep 91 cR-8.01 Reg 1 Form B. 42 R-8.01 REG 1 REFERENDUM AND PLEBISCITE Province of FORM C Saskatchewan The Referendum and Plebiscite Act WRIT OF PLEBISCITE Canada: Province of Saskatchewan. Elizabeth the Second, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. To ______________________________of _______________________________ in the Province of Saskatchewan, greeting: We command you that you do cause: (a) A plebiscite to be held according to the law of our said Province of Saskatchewan for the Constituency of _______________________________ on the following question: (b) the voting to be held on ______________ the _______ day of _______________ ; (c) an advance poll to be held on the following days in the afternoon during the hours mentioned below: __________ the _____ day of _______________ , 19 ___, from 3:00 p.m. to 10:00 p.m.; __________ the _____ day of _______________ , 19 ___, from 3:00 p.m. to 10:00 p.m.; __________ the _____ day of _______________ , 19 ___, from 3:00 p.m. to 10:00 p.m.; __________ the _____ day of _______________ , 19 ___, from 3:00 p.m. to 10:00 p.m.; __________ the _____ day of _______________ , 19 ___, from 3:00 p.m. to 10:00 p.m.; (d) the number of votes cast for each option on the plebiscite question to be added up on the _________________ day of _______ ; (e) a return to the writ to be made on _______________ the ___ day of ___________ . In Testimony Whereof we have caused these our letters to be made patent and the Great Seal of our said Province of Saskatchewan to be hereunto affixed. Witness our trusty and well beloved, the Honourable _____________________________ Lieutenant Governor of our Province of Saskatchewan at our City of Regina this ____day of _______________ in the ______ year of our reign and the year of our Lord 19 ____. By order, (Seal) _______________________________________ Chief Electoral Officer Endorsement Received the within writ on ________ being the ___ day of _______________ , 19 ___ . _______________________________ Returning Officer 13 Sep 91 cR-8.01 Reg 1 Form C. 43 REFERENDUM AND PLEBISCITE R-8.01 REG 1 Form D Form of Ballot Paper Front Electoral Officer” “To be completed by Chief “To be completed by Chief Electoral Officer” TO VOTERS QUESTION INSTRUCTIONS REFERENDUM/PLEBISCITE (over) 44 R-8.01 REG 1 REFERENDUM AND PLEBISCITE Back No. 159 No. 159 Referendum Question #_________________________________ Name of Printer ORD slaitinI fo etaD mudnerefer Referendum Question #_________________________________ 13 Sep 91 cR-8.01 Reg 1 Form D 45 REFERENDUM AND PLEBISCITE R-8.01 REG 1 Province of FORM E Saskatchewan The Referendum and Plebiscite Act AFFIDAVIT OF PRINTER I, ___________________________________________________, swear (or solemnly affirm): 1. That ____________________________sheets for ballot papers numbered as follows, namely, _________________________________________________were delivered to me by the Chief Electoral Officer for the printing of the said ballot papers, which were printed for use at the referendum / plebiscite to be held on the _______________day of _____________________________________ , 19 __________ , and each of the sheets was cut into ________________________ ballot papers; 2. That the number of ballot papers, properly printed and delivered to the Chief Electoral Officer in Form D was ___________________________________ , and that no other ballot papers have been supplied to any other person; 3. That _________________________________________sheets numbered as follows, namely, ______________________________________, were not required and have been returned to the Chief Electoral Office in the condition in which they were received; 4. That _______________ sheets of ballot papers werespoiled in printing and that every piece of spoiled ballot paper has been delivered to the Chief Electoral Officer; and 5. That, the ballot papers having been printed, the cut-off portions of all the sheets out of which ballot papers were cut have been returned to the Chief Electoral Officer, arranged in numerical order according to the numbers printed on them. Sworn (or solemnly affirmed) before me at _________________________ , Saskatchewan, _________________________ (Signature of Printer) this ____ day of _________________ , 19 __. ______________________________________ A Commissioner for Oaths, etc. (or as the case may be) 13 Sep 91 cR-8.01 Reg 1 Form E 46 R-8.01 REG 1 REFERENDUM AND PLEBISCITE Province of FORM F Saskatchewan The Referendum and Plebiscite Act Proclamation of the Returning Officer declaring the day of opening the polling place PROCLAMATION OF REFERENDUM Constituency of _________________________________________________________ Her Majesty’s Writ bearing the date the_______ day of __________________, 19 ___ , having been directed to me, public notice is hereby given: 1. That I am commanded to cause a referendum to be held according to the law of the Province of Saskatchewan for the above mentioned constituency on the following question: 2. The polling places will be open on the ____ day of __________________, 19 ___ , from the hour of 9:00 a.m. to 8:00 p.m. as follows: Each polling division bounded as follows and polling places established at or near the mentioned locations: (List number, description and polling place of each poll.) 3. That an advance polling place (or advance polling places) for this constituency will be established at or near: (List of polling place and name of corporation.) on the following days in the afternoon during the hours mentioned below: __________ the _____ day of _______________ , 19 ___, from 3:00 p.m. to 10:00 p.m.; __________ the _____ day of _______________ , 19 ___, from 3:00 p.m. to 10:00 p.m.; __________ the _____ day of _______________ , 19 ___, from 3:00 p.m. to 10:00 p.m.; __________ the _____ day of _______________ , 19 ___, from 3:00 p.m. to 10:00 p.m.; __________ the _____ day of _______________ , 19 ___, from 3:00 p.m. to 10:00 p.m.; 4. That a polling place (or polling places) will be established in the: (List name and location of the geriatric centre, sanatorium, hospital or remand centre and the special hours prescribed for the polling place.) 47 REFERENDUM AND PLEBISCITE R-8.01 REG 1 5. That at _________________ on the ____ day of _________________, 19 _____ , at the hour of ____________________________, I shall open the ballot boxes [and, I shall open the ballot envelopes containing the ballots of voters at sanatoria, hospitals and remand centres, count those ballots] and make the addition of the votes given for each option on the referendum question. Note: Words in italics apply only where an election is held on the same day that the referendum is conducted. Of which all persons are hereby required to take notice and to govern themselves accordingly. All times mentioned are Central Standard Time. God Save The Queen. Given under my hand at _______________ this ______ day of ______________ , in the year 19 ________. ____________________________________ Returning Officer Warning Section 193 of The Election Act 193(1) A person who unlawfully takes down, covers up, mutilates, defaces or alters a proclamation, notice or other document required to be posted under this Act, is guilty of an offence and, subject to subsection (2), liable to a fine of not less than $25 or more than $100 and in default of payment to imprisonment for a term of not less than one month or more than six months. (2) Where the person contravening subsection (1) is a Returning Officer, Election Clerk, Enumerator, Deputy Returning Officer, Poll Clerk or other officer engaged under this Act, he is liable to a fine of not less than $100 or more than $500 and in default of payment to imprisonment for a term of not less than three months or more than one year. 13 Sep 91 cR-8.01 Reg 1 Form F. 48 R-8.01 REG 1 REFERENDUM AND PLEBISCITE Province of FORM G Saskatchewan The Referendum and Plebiscite Act Proclamation of the Returning Officer declaring the day of opening the polling place PROCLAMATION OF PLEBISCITE Constituency of _________________________________________________________ Her Majesty’s Writ bearing the date the_______ day of __________________, 19 ___ , having been directed to me, public notice is hereby given: 1. That I am commanded to cause a plebiscite to be held according to the law of the Province of Saskatchewan for the above mentioned constituency on the following question: 2. The polling places will be open on the ____ day of __________________, 19 ___ , from the hour of 9:00 a.m. to 8:00 p.m. as follows: Each polling division bounded as follows and polling places established at or near the mentioned locations: (List number, description and polling place of each poll.) 3. That an advance polling place (or advance polling places) for this constituency will be established at or near: (List of polling place and name of corporation.) on the following days in the afternoon during the hours mentioned below: __________ the _____ day of _______________ , 19 ___, from 3:00 p.m. to 10:00 p.m.; __________ the _____ day of _______________ , 19 ___, from 3:00 p.m. to 10:00 p.m.; __________ the _____ day of _______________ , 19 ___, from 3:00 p.m. to 10:00 p.m.; __________ the _____ day of _______________ , 19 ___, from 3:00 p.m. to 10:00 p.m.; __________ the _____ day of _______________ , 19 ___, from 3:00 p.m. to 10:00 p.m.; 4. That a polling place (or polling places) will be established in the: (List name and location of the geriatric centre, sanatorium, hospital or remand centre and the special hours prescribed for the polling place.) 5. That at _________________ on the ____ day of _________________, 19 _____ , at the hour of _______________________________________________, I shall open the ballot boxes [and, I shall open the ballot envelopes containing the ballots of voters at sanatoria, hospitals and remand centres, count those ballots] and make the addition of the votes given for each option on the referendum question. Note: Words in italics apply only where an election is held on the same day that the plebiscite is conducted. Of which all persons are hereby required to take notice and to govern themselves accordingly. 49 REFERENDUM AND PLEBISCITE R-8.01 REG 1 All times mentioned are Central Standard Time. God Save The Queen. Given under my hand at _______________ this ______ day of ______________ , in the year 19 ________. ____________________________________ Returning Officer Warning Section 193 of The Election Act 193(1) A person who unlawfully takes down, covers up, mutilates, defaces or alters a proclamation, notice or other document required to be posted under this Act, is guilty of an offence and, subject to subsection (2), liable to a fine of not less than $25 or more than $100 and in default of payment to imprisonment for a term of not less than one month or more than six months. (2) Where the person contravening subsection (1) is a Returning Officer, Election Clerk, Enumerator, Deputy Returning Officer, Poll Clerk or other officer engaged under this Act, he is liable to a fine of not less than $100 or more than $500 and in default of payment to imprisonment for a term of not less than three months or more than one year. 13 Sep 91 cR-8.01 Reg 1 Form G. 50 R-8.01 REG 1 REFERENDUM AND PLEBISCITE Province of FORM H Saskatchewan The Referendum and Plebiscite Act Declaration of Representative I, ________________________________, appointed to be a representative in connection with the voting on the referendum / plebiscite question put to the voters and to be voted on on the _______ day of __________________________________ , 19 ____________ , do solemnly declare that I am willing to act on behalf of those who support (or oppose) the referendum / plebiscite question; and I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act. Declared before me at ____________________ _________________________ , Saskatchewan, _________________________ (Signature of Representative) this ____ day of _________________ , 19 __.

______________________________________ Returning Officer (or Deputy Returning Officer) 13 Sep 91 cR-8.01 Reg 1 Form H 51 REFERENDUM AND PLEBISCITE R-8.01 REG 1 Province of FORM I Saskatchewan Declaration of Voter Information for Voter’s Declaration (for use at regular and advance polls) Date of Writ ______________________ Voter’s Constituency _____________________ Name of Voter ___________________________________________________________ Voter’s Polling Voter’s Number Occupation ____________________ Division Number ________ in Poll Book ________ Post Office Address (on date of writ) __________________________________________ Street Address / Land Location (on date of writ) ___________________________________ Declaration of Voter I, _____________________________________________________________________ (Name of Voter) of _____________________________________________________________________ (State present address) in the Province of Saskatchewan, being a qualified voter in the constituency of ____________________________________________________________________ , hereby declare: 1. That I am the full age of 18 years or will attain the full age of 18 years on or before polling day. 2. That I am a Canadian citizen (or) that I am a British subject other than a Canadian citizen and was qualified as a voter on June 23, 1971. 3. That I have ordinarily resided in Saskatchewan for at least six months immediately preceding the day on which the writ was issued. 4. That I was ordinarily resident in the above mentioned constituency on the day the writ was issued. 5. That I am not disqualified pursuant to section 27 of The Election Act to vote at this referendum / plebiscite. 6. That I have not already voted at this referendum / plebiscite. (For voters at advance polling places include the following paragraph:) 7. That I have reason to believe that I will be necessarily absent from my ordinary place of residence on polling day or I am a person otherwise entitled under section 104 of The Election Act to vote at an advance poll. Date _____________________________, 19 _________. Witness: ____________________________ ________________________________ Signature of Deputy Returning Signature of Voter Officer or Poll Clerk 13 Sep 91 cR-8.01 Reg 1 Form I. 52 R-8.01 REG 1 REFERENDUM AND PLEBISCITE J mroF egaP tcA eticsibelP dna mudnerefeR ehT slloP ralugeR latoT lloP ecnavdA lloP ecnavdA ,muirotinaS :slloP laicepS ertneC dnameR dna latipsoH slloP laicepS rehtO liaM yb gnitoV latoT latipsoH ,muirotanaS fo rebmuN tollab ertneC dnameR dna eht morf deviecer sepolevne reciffO larotcelE feihC tnuoC eht fo tluseR .ycneutitsnoC siht rof eticsibelp/mudnerefer eht no gnitov eht fo stluser eht era evoba detacidni stnuoma eht taht eralced ybereh I reciffO gninruteR lloP fo rebmuN dna emaN desU srepaP tollaB dna tsaC setoV gnitcepseR reciffO gninruteR fo tnemetatS secalP gnilloP eht ta 91 fo yad eht no dleh eticsibelp/mudnerefer eht ta fo ycneutitsnoC tsil ’sretov fo seman fo rebmun latoT 1 reciffO gninruteR ytupeD ot deilppus )C mroF( srepap tollab fo rebmuN tnuoccA repaP tollaB 2 detov gnivah sa koob llop ni gniraeppa rebmuN 3 )C mroF( srepap tollab desunu fo rebmuN 4 denilced ro deliops )C mroF( srepap tollab fo rebmuN 5 )yna fi( rof detnuoccanu srepap tollab fo rebmuN 6 detov gnivah sa koob llop ni gniraeppa noitaralced eht edam ohw sretov fo rebmuN sretoV fo rebmuN yrogetaC hcaE ni 7 detov gnivah sa koob llop ni gniraeppa noitaralced eht ekam ton did ohw sretov fo rebmuN 8 ycneutitsnoc siht ni gnidiser dna detov gnivah sa koob llop eht ni gniraeppa sretov fo rebmun ,sertnec dnamer dna slatipsoh airotanaS 9 latoT dnarG ycneutitsnoc rehtona ni gnidiser dna detov gnivah sa koob llop eht ni gniraeppa sretov fo rebmun ,sertnec dnamer dna slatipsoh airotanaS 01 tcA noitcelE ehT fo 98 noitceS rednu liam yb detov ohw sretov fo rebmuN no noitpO hcaE rof setoV fo rebmuN noitseuQ eticsibelP/mudnerefeR eht )snoitpo tresni( 21 11 stollaB detcejeR fo rebmuN skrameR 31 51 41 detceridsiM tollab deneponU sepolevne 13 Sep 91 cR-8.01 Reg 1 Form J. 53 REFERENDUM AND PLEBISCITE R-8.01 REG 1 Province of FORM K Saskatchewan The Referendum and Plebiscite Act Affidavit To Be Taken By Returning Officer After Sending Return To The Chief Electoral Officer I, ________________________________________ , returning officer for the constituency of ________________________________________________swear (or solemnly affirm): 1. That of the envelopes received by me as returning officer from the Chief Electoral Officer with respect to the recent referendum / plebiscite for the said constituency, I have not opened or permitted to be opened any of the envelopes except those authorized and directed to be opened by a returning officer under The Referendum and Plebiscite Regulations; 2. That none of the other envelopes have been opened by any person since they were returned to me by the Chief Electoral Officer; 3. That I have not ascertained and have not attempted to ascertain from the ballot papers or other contents of any of the said envelopes how any person voted; 4. That I have this day sent to the Chief Electoral Officer my return with respect to the said referendum / plebiscite. So help me God. Sworn (or solemnly affirmed) before me at _________________________ , Saskatchewan, _________________________ (Signature) this ____ day of _________________ , 19 __. ______________________________________ A Commissioner for Oaths, etc. (or as the case may be) 13 Sep 91 cR-8.01 Reg 1 Form K. 54 R-8.01 REG 1 REFERENDUM AND PLEBISCITE Province of FORM L Saskatchewan The Referendum and Plebiscite Act Directions for the Guidance of Voters You may vote once only. Declaration - If you are a patient in a sanatorium or (e) deliver the folded ballot paper to the Deputy hospital, a remand prisoner in a remand centre or a Returning Officer without delay and without person applying to vote at an advance poll, you may showing the front to anyone or displaying the vote only if you make a declaration at the polling place. In other polling places, if your name does not appear ballot paper so as to make known to any person on the voters’ list you may vote only if you make a the option on the referendum or plebiscite question declaration. If your name appears on the voters’ list, for which you have or have not voted; you may be required to make the declaration and, if so required, you will be allowed to vote only after you (f) watch the Deputy Returning Officer deposit make the declaration. the ballot paper in the ballot box; Voting procedure in polls other than those in (g) immediately leave the polling place. sanatoria, hospitals or remand centres. On receiving a ballot paper from you, the Deputy You shall: Returning Officer shall, in the full view of you and all (a) immediately proceed into the polling booth; others present, without unfolding the ballot paper or in any way disclosing the referendum or plebiscite (b) with: question or the mark made by you, ascertain by examining the initials and numbers appearing on the (i) the black lead pencil provided; ballot paper, that it is the same ballot paper that the (ii) a black or blue ink pen; or Deputy Returning Officer delivered to you. If it is the same ballot paper that the Deputy Returning Officer (iii) a black or blue ball-point pen; delivered to you, the Deputy Returning Officer shall mark the ballot paper by placing a cross, thus X, remove and destroy the counterfoil and deposit the in the place provided to indicate that you oppose ballot paper in the ballot box. or support the referendum or plebiscite question; If you inadvertently spoil a ballot paper so that you cannot conveniently use it, you may return it to the (c) fold the ballot paper across twice right to left Deputy Returning Officer who will give you another. without overlapping the counterfoil by: If you vote for more options on the referendum or (i) folding inward, from right to left, one- plebiscite question than you are entitled to vote for, or place any mark on the ballot paper by which you third of the ballot paper; and can be identified, your vote will be void and will not (ii) folding the folded edge, from right to be counted. left, to the edge of the counterfoil; If you fraudulently take a ballot paper out of the polling place or fraudulently deliver to the Deputy Returning so that the referendum or plebiscite question and Officer to be placed in the ballot box any paper other the mark on the face of the paper are concealed, than the ballot paper given to you by the Deputy but the initials of the Deputy Returning Officer Returning Officer, you will be liable to imprisonment for one year. are exposed; SAMPLE BALLOT (d) leave the polling booth; WARNING Section 193 of The Election Act 193(1) A person who unlawfully takes down, covers up, mutilates, defaces or alters a proclamation, notice or other document required to be posted under this Act, is guilty of an offence and, subject to subsection (2), liable to a fine or not less than $25 or more than $100 and in default of payment to imprisonment for a term of not less than one month or more than six months. (2) Where the person contravening subsection (1) is a Returning Officer, Election Clerk, Enumerator, Deputy Returning Officer, Poll Clerk or other officer engaged under this Act, he is liable to a fine of not less than $100 or more than $500 and in default of payment to imprisonment for a term of not less than three months or more than a year. 13 Sep 91 cR-8.01 Reg 1 Form L. 55 REFERENDUM AND PLEBISCITE R-8.01 REG 1 Province of FORM M Saskatchewan The Referendum and Plebiscite Act OATH OF FRIEND OF BLIND VOTER You swear (or solemnly affirm): That you know (full name of blind voter) who has applied to vote at this polling place, and you have heard him (or her) take the oath in form 24 of The Election Act, and believe the matters sworn to in that oath are true in substance and in fact; That you have been requested by (full name of blind voter) to mark his (or her) ballot paper, and you will keep secret the option on the referendum/plebiscite question for which he (or she) votes; That you have not acted and will not act for any other blind voter at this referendum/ plebiscite. So help you God. 13 Sep 91 cR-8.01 Reg 1 Form M. 56 R-8.01 REG 1 REFERENDUM AND PLEBISCITE Province of FORM N Saskatchewan The Referendum and Plebiscite Act Ballot Paper Account and Poll Statement To be made by Deputy Returning Officer at close of the taking of the votes of the electors, in accordance with section 110 of The Election Act and section 23 of The Referendum and Plebiscite Regulations. Constituency of Polling Division Number 1. Total number of names on the voters’ list Ballot Paper Account 2. Number of ballot papers (Form D) received from Returning Officer 3. Number appearing in poll book as having voted 4. Number of unused ballot papers (Form D) 5. Number of ballot papers (Form D) spoiled or declined 6. Number of ballot papers unaccounted for (if any) NOTE: This total must agree with Item 2. Total (Item 7 to be completed with respect to all polling places except in a sanatorium, hospital or remand centre) 7. Number of voters appearing in poll book as having voted: a. without making a declaration b. after making a declaration (Item 8 to be completed only with respect to polling places in a sanatorium, hospital or remand centre) 8. Number of voters appearing in poll book as having voted, who: a. reside in the constituency b. do not reside in the constituency Note: the total under Item 7 or 8 must agree with Item 3. Total (Items 9 and 10 to be completed with respect to all polling places except polling places in a sanatorium, hospital or remand centre) 9. Number of ballots cast. (Chief Electoral Officer shall complete this section setting out each option on the referendum or plebiscite question) 10. Number of rejected ballots Note: this total must agree with Item 7. Total This seal locking this ballot box bears number I hereby certify that the above statement is correct. Dated at this day of , 19 . Poll Clerk Deputy Returning Officer (Representatives may also sign) 13 Sep 91 cR-8.01 Reg 1 Form N. 57 REFERENDUM AND PLEBISCITE R-8.01 REG 1 Province of FORM O Saskatchewan The Referendum and Plebiscite Act Oath of Deputy Returning Officer After Closing of the Polling Place for Voting I, ______________________________________________ , Deputy Returning Officer for Poll Number ___________ in the Constituency of _______________________________ swear (or solemnly affirm) that to the best of my knowledge and belief: 1. The poll book kept for the said polling place under my direction has been kept correctly. 2. The poll book contains a true and exact record of the votes cast at the said polling place. 3. I have correctly counted the votes cast for each option on the referendum / plebiscite question (not to be included in the Oath of a Deputy Returning Officer conducting the taking of the votes in a sanatorium, hospital or remand centre). 4. I have performed all duties required of me by law. 5. The polling list, poll book, and other documents, etc., required by law to be returned by me to the Returning Officer have been faithfully and truly prepared and placed in the ballot box and are contained in the ballot box returned by me to the Returning Officer, which was locked and sealed by me in accordance with The Referendum and Plebiscite Regulations, and remained so locked and sealed while in my possession. 6. I have forwarded to the Chief Electoral Officer, the ballot box containing the ballot envelopes (to be included only with respect to the Oath of a Deputy Returning Officer who conducted a poll in a sanatorium, hospital or remand centre). Sworn (or solemnly affirmed) before me at _________________________ , Saskatchewan, _________________________ Deputy Returning Officer this ____ day of _________________ , 19 __. ______________________________________ A Commissioner for Oaths, etc. (or as the case may be) This Oath to be completed after ballots are counted and ballot box is sealed, and immediately delivered to, or mailed to, the Returning Officer. Do not place in ballot box 13 Sep 91 cR-8.01 Reg 1 Form O. 58 R-8.01 REG 1 REFERENDUM AND PLEBISCITE The Referendum and Plebiscite Act FORM P Ballot Envelope for Ballot Cast by Incapacitated Voter Province of FORM P Saskatchewan The Referendum and Plebiscite Act Ballot Cast by Incapacitated Voter Constituency of _____________________________________________________ 13 Sep 91 cR-8.01 Reg 1 Form P. 59 REFERENDUM AND PLEBISCITE R-8.01 REG 1 Province of FORM Q Saskatchewan The Referendum and Plebiscite Act PETITION We, the undersigned residents of Saskatchewan: (a) petition to the Minister of Justice to have the following question put to the voters of Saskatchewan on a plebiscite: ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ (b) severally declare, each for himself or herself, that: (i) we are Canadian citizens or British subjects other than Canadian citizens who were qualified as voters on June 23, 1971; (ii) we are of the full age of 18 years; (iii) we have ordinarily resided in Saskatchewan for at least six months immediately preceding the day we signed this petition; (iv) we are not disqualified pursuant to section 27 of The Election Act from voting. (v) we believe that our names appear as electors on the voters’ list prepared for use in the last general election, the last general federal election or the last municipal election; (vi) we have each signed this petition only once. DATE NAME ADDRESS SIGNATURE NOTE: The signatures of at least 15% of the electors in Saskatchewan are required in order for this petition to be valid. 60 R-8.01 REG 1 REFERENDUM AND PLEBISCITE CANADA PROVINCE OF SASKATCHEWAN TO WIT I, ______________________________________ , of _______________, Saskatchewan ________________________________________________ DO SOLEMNLY DECLARE: (occupation) 1. That my signature appears on the above petition as that of one of the petitioners. 2. That any notice of motion that may be required to be served pursuant to subsection 7(6) of The Referendum and Plebiscite Act may be effected on behalf of all petitioners by serving me at the following address: _______________________________________ AND I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act. DECLARED before me at _________________ _________________________ , Saskatchewan, _________________________ (Signature of Declarant) this ____ day of _________________ , 19 __. ______________________________________ A Commissioner for Oaths, etc. (or as the case may be) 13 Sep 91 cR-8.01 Reg 1 Form Q. REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN’S PRINTER Copyright©2016