CHAPTER 6.

An Act respecting the election of members of the
House of Commons and the Electoral Franchise.

SHORT TITLE.

1. This Act may be cited as the Dominion Elections Act. Short title. 63-64 V., c. 12, s. 1.

INTERPRETATION.

2. In this Act, unless the context otherwise requires,

Definitions.

(a) 'election' or 'Dominion election' means an election of 'Election.' a member or members to serve in the House of Commons; (b) provincial election' means an election of a member to 'Provincial serve in the legislative assembly or house of assembly or election.' general assembly of a province, and, in the province of Prince Edward Island, an election of an assemblyman;

(c) 'electoral district' means any place or territorial area Electoral in Canada entitled to return a member or members to serve district.' in the House of Commons;

Voters'

list.'

(d) 'elector' or 'voter' means any person entitled to vote Elector.' at an election under the provisions of this Act; (e) 'voters' list,' or 'list of voters,' includes any official list of persons entitled to vote at an election, and, when provincial lists are referred to, includes any official list of persons entitled to vote at a provincial election; (f)'polling division' includes any polling subdivision, poll- Polling, ing district or subdistrict or other territorial area for which there is a separate voters' list, or in which a poll may be held;

division.'

(g) candidate at an election,' or candidate,' means any 'Candidate.' person elected to serve in the House of Commons at such election, and any person who is nominated as a candidate at such election, or is declared by himself or by others to be a candidate, on or after the day of the issue of the writ for such election, or after the dissolution of Parliament, or the occurrence of a vacancy in consequence of which such writ has been issued;

(h) member' means a member of the House of Commons Member.' of Canada;

(i) election petition' means a petition presented in pursu-Election ance of the Dominion Controverted Elections Act;

57

petition.'

(i)

Judge.'

'Personal expenses.'

'Official agent.'

'Form.'

'Province of Saskatchewan.'

No one a can

didate unless

consent.

(j) 'judge' includes chief justice, and, when used with
reference to the province of Ontario, also includes the
Chancellor ;

(k) 'personal expenses,' as used herein, with respect to the
expenditure of any candidate in relation to the election at
which he is a candidate, includes the reasonable travelling
expenses of such candidate, and the reasonable expenses
of his living at hotels, or elsewhere, for the purpose of and
in relation to such election, and all other expenses, which
by this Act, he may lawfully incur and pay;
(1)official agent' means the agent appointed by any candi-
date and specially charged with paying all the legal
expenses on account of the election, and whose name and
address have been declared in writing on or before
nomination day, as by this Act required;

(m) 'form' means a form in schedule one to this Act;
(n) the province of Saskatchewan' shall be taken to include
that part of the provisional district of Saskatchewan which
is not included therein. 61 V., c. 14, s. 4; 63-64 V., c. 12,
ss. 3, 108, 143.

3. Nothing in this Act shall be construed to impose any he has given liability upon any person nominated as a candidate or declared to be a candidate by others without his consent, unless he has afterwards given his assent to such nomination or declaration, or has been elected. 63-64 V., c. 12, s. 3.

As to provisions re

quiring presence of agents.

Application.

Provincial voters' lists adopted.

4. Whenever in this Act any expressions are used requiring or authorizing any act to be done, in the presence of agents of the candidates, such expressions shall be deemed to refer to the presence of such agents of the candidates as are authorized to attend, and as have, in fact, attended at the time and place where such act or thing is being done. 63-64 V., c. 12, s. 55.

PART I.

ELECTORAL FRANCHISE IN THE PROVINCES.

Application.

5. This Part does not apply to the provinces of Saskatchewan and Alberta or to the Yukon Territory. 61 V., c. 14, s. 2.

Voters' Lists.

6. For the purposes of any Dominion election held within the limits of a province, the voters' lists shall, except as herein otherwise provided, be those prepared for the several polling divisions established, and which, on the sixtieth day next preceding the day fixed for the nomination of candidates for such Dominion

58

Dominion election, were in force, or were last in force, under the laws of that province, for tl. purposes of provincial elections. 61 V., c. 14, s. 5.

lists to be

certain cases.

7. Where, under the laws of a province, the voters' lists Last precedfor any provincial electoral district or division or any of them in voters' are prepared not at regular intervals, but at such times as are used in fixed by the Lieutenant Governor in Council or some other provincial or local authority, or only from time to time for the purpose of a general or other election in immediate contemplation, the last preceding voters' lists so prepared shall be used for the purpose of any Dominion election in the territory comprised in such provincial electoral district or division, or the parts thereof for use in which they were prepared, if such lists have been prepared not more than one year before the date of the writ for such Dominion election. 1 E. VII., c. 15, s. 2.

prepared.

8. In case the lists mentioned in the last preceding section New voters' have been prepared for more than one year, new voters' lists lists to be shall be prepared, and the Governor in Council may, for the purpose of preparing and giving effect to such new voters' lists, appoint all necessary officers and confer upon them all necessary powers.

2. In the preparation of such lists, the provisions of the According to provincial laws of the province regulating the preparation and revision laws. and bringing into force of the provincial voters' lists in such cases shall, as far as possible, be observed and followed. 1 E. VII., c. 15, s. 2.

more than

9. If any voters' lists have been prepared under the section Voters' list last preceding not more than one year before the date of the not to be writ for election, such lists shall be used, unless there are lists one year old. of a later date prepared under the provincial law, and new lists shall not be prepared. 1 E. VII., c. 15, s. 2.

Qualification.

10. The qualifications necessary to entitle any person to Qualifications vote at a Dominion election in any province shall, except as to vote. herein otherwise provided, be those established by the laws of that province as necessary to entitle such person to vote in the same part of the province at a provincial election. 61 V., c. 14, s. 5.

Provincial Disqualifications not applying to Dominion Elections.

11. No person possessed of the qualifications generally Provincial required by the provincial law to entitle him to vote at a provin- disqualificacial election shall be disqualified from voting at a Dominion tons not election merely by reason of any provision of the provincial

adopted.

List of voters and changes to be forwarded to Clerk of the Crown in Chancery.

Fees for copies.

To be deemed originals.

To be

printed by King's Printer.

Printed

law disqualifying from having his name on the list or from voting,

(a) the holder of any office; or,

(b) any person employed in any capacity in the public service of Canada or of the province; or,

(c) any person belonging to or engaged in any profession, calling, employment or occupation; or,

(d) any one belonging to any other class of persons who, although possessed of the qualifications generally required by the provincial law, are, by such law, declared to be dis qualified by reason of their belonging to such class. 61 V., c. 14, s. 6.

Transmission of Lists to the Clerk of the Crown in Chancery.

12. Within ten days after the final revision of every list of voters for the purposes of provincial elections, and within ten days after any change or alteration in or substitution for any such list under the provincial law, it shall be the duty of the custodian thereof to transmit to the Clerk of the Crown in Chancery, by registered mail, a copy of such list or change or alteration therein, or substituted list, as the case may be, certified under the hand of such custodian, and having every alteration, addition or erasure therein identified by his initials. 1 E. VII., 15, s. 3.

13. The fees to be paid for such certified copies shall be those fixed by the provincial law for furnishing such copies to applicants therefor, and, if there is no fee fixed by the provincial law, the fee shall be twenty-five cents for each one hundred names, including additions and descriptions, and fifty cents for the certificate. 1 E. VII., c. 15, s. 3.

14. For the purposes of Dominion elections, such certified copy shall be deemed to be the original and legal list of voters for the polling division for which the list of which it is a copy was prepared, so long as that list remains in force, subject, however, to such changes and additions as are, subsequent to revision, made in such list under the provisions of the provincial law. 61 V., c. 14, s. 10.

Printing of Voters' Lists.

15. It shall be the duty of the Clerk of the Crown in Chancery, immediately upon receipt by him of any such certified copy of a list of voters, to cause it to be printed by the King's Printer, and he shall thereafter retain such certified copy of record in his office. 61 V., c. 14, s. 10.

16. Immediately after printing such list, the King's Printer copies to be shall send by registered mail twenty copies thereof to the sitting

sent to mem

60

member