Who shall not be ap

vided that, if such person refuses or is disqualified or unable to act, another person may be appointed by the Governor General to be such returning officer. R.S., c. 7, s. 5; 63-64 V., c. 12, s. 11; 2 E. VII., c. 37, s. 5.

77. None of the following persons shall be appointed returnpointed elec- ing officer or deputy returning officer, election clerk or poll clerk, tion officers. that is to say:

Residence of election officers.

Who shall

not be bound
to act as
such.

(a) Members of the King's Privy Council for Canada or of the executive council of any province of Canada;

(b) Members of the Senate or of the legislative council of any province of Canada;

(c) Members of the House of Commons, or of the legislative assembly of any province of Canada, or of the Yukon Territorial Council;

(d) Ministers, priests or ecclesiastics of any religious faith or worship;

(e) Judges of the courts of superior, civil or criminal jurisdiction, judges of any county or district court, or insolvent court, and any local judge of the Exchequer Court on its Admiralty side, and in the Yukon Territory, police magistrates;

(f) Persons who have served in the Parliament of Canada in the session immediately preceding the election or in the session in progress at the time of the election;

(g) Persons who have been found guilty by the House of Commons, or by any court for the trial of controverted elections, or other competent tribunal, of any offence or dereliction of duty in violation of this Act or any provincial Act relating to elections, or under the Disfranchising Act;

(h) Persons convicted of any indictable offence. R.S., c. 7, s. 8; 63-64 V., c. 12, s. 12; 2 E. VII., c. 37, s. 8.

78. Except as to the provinces of Saskatchewan and Alberta and the Yukon Territory, no person shall be appointed deputy returning officer or election clerk or poll clerk who is not a resident of the electoral district within which he is to act. 63-64 V., c. 12, s. 13; 1 E. VII., c. 16, s. 1; 2 E. VII., c. 37, s. 55.

73. None of the following persons, unless they are sheriffs, registrars, town clerks or assessors, shall be obliged to act as returning officer, deputy returning officer, election clerk or poll clerk, that is to say:

(a) Professors in any university, college, high school or academy;

(b) Physicians or surgeons;

(c) Millers;

(d) Postmasters, Customs officers, or clerks in post offices or

Customs offices;

76

(e)

(e) Persons of sixty years of age or upwards;

(f) Persons who have previously served as returning officers at a Dominion election. R.S., c. 7, s. 9; 63-64 V., c. 12, s. 14; 2 E. VII., c. 37, s. 9.

Transmission to the Returning Officer of the Voters' Lists.

80. Except as to elections in the provinces of Saskatchewan Copies of and Alberta and the Yukon Territory, the Clerk of the Crown Act and inin Chancery shall immediately after the issue of the writ for be sent to the election, transmit to the returning officer,

(a) a sufficient number of copies of voters' lists, if there
are any;

(b) one copy of this Act, and of such instructions approved
by the Governor in Council as are required to carry out the
election according to the provisions of this Act, with a
copious alphabetical index prefixed, for the returning officer
himself, one copy for the election clerk, and one for each of
the deputy returning officers;
(c) for each deputy returning officer a blank poll-book and
all the blank forms necessary for the purposes of such
election, except forms G, K and T, which the returning
officer shall himself cause to be printed. 63-64 V., c. 12,
s. 21.

structions to

returning officer.

shall contain.

81. The said instructions shall contain forms of the oaths of What inqualification which under the laws of the province electors structions may in like cases be required to take at a provincial election, and also of the oath in form Y.

cable.

2. Such forms shall be made applicable where necessary to Forms to be the election being held, and, in the case of returning officers in made applithe province of Prince Edward Island, they shall be accom- In P. E. I. panied by the sections of the provincial law relating to the qualification of voters. 63-64 V., c. 12, s. 21.

PROCEEDINGS AFTER RECEIVING THE WRIT.

Oath by Returning Officer.

writ.

82. The returning officer shall, on receiving the writ of Endorsing election, forthwith endorse thereon the date on which he receives receipt of it, and, before taking any further action thereon, he shall take Oath of rethe oath of office in form B. R.S., c. 7, s. 10; 63-64 V., c. 12, turning offis. 15; 2 E. VII., c. 37, s. 10.

Election Clerk.

cer.

of election

83. The returning officer, by a commission under his hand Appointment in form C, shall appoint an election clerk, and may, at any clerk. time during the election, appoint, in the same manner, another election clerk, if the one first appointed resigns, or refuses or is

Oath of office.

Duties.

officer.

Form.

unable to perform his duties as such clerk. R.S., c. 7, s. 11; 63-64 V., c. 12, s. 16; 2 E. VII., c. 37, s. 11.

84. The election clerk shall, before acting as such, take the oath of office in form D. R.S., c. 7, s. 13; 63-64 V., c. 12, s. 17; 2 E. VII., c. 37, s. 13.

85. The election clerk shall assist the returning officer in the performance of his duties and act in his stead as returning officer whenever the returning officer refuses or is disqualified or unable to perform his duties and has not been replaced by another. R.S., c. 7, s. 12; 63-64 V., c. 12, s. 18; 2 E. VII., c. 37, s. 12.

Proclamation by Returning Officer.

Proclamation 86. Within the shortest possible time after the reception. by returning of the writ, in the electoral districts of Chicoutimi and Saguenay and Gaspé, in the province of Quebec, and of Comox-Atlin, Kootenay and Yale-Cariboo, in the province of British Columbia, and, except as otherwise provided in the cases of the provinces of Saskatchewan and Alberta and the Yukon Territory by Part II. of this Act, within eight days after its reception in the other electoral districts of Canada, the returning officer shall, except in the Yukon Territory, by a proclamation, in form G, under his hand, issued in the English and French languages, in every electoral district, in the province of Quebec and in the province of Manitoba, and in the English language only in the other electoral districts, indicate,

Posting up mation.

(a) the place and time fixed for the nomination of candi-
dates;

(b) the day on which the poll for taking the votes of the
electors is to be held, in case a poll is demanded;
(c) the several polling stations fixed by him, and the
territorial limits to which they respectively apply;

(d) the time when and the place where the returning officer
will add up the number of votes given to the several
candidates. 4 E. VII., c. 12, s. 1.

87. Such proclamation shall be posted up in all the electoral of proclama districts, at least eight days before the day fixed for the nomination of candidates, neither the last day of posting it up nor the day of nomination being reckoned. 63-64 V., c. 12, s. 25.

How to be published.

88. The returning officer shall, except in the provinces of Saskatchewan and Alberta and the Yukon Territory, cause such proclamation to be posted up within the electoral district for which the election is to take place, at four of the most prominent and conspicuous places in each city, town and village, or ward of such city, town or village, when it is subdivided into wards, and at four of the most prominent and conspicuous places in each

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each parish, township or division of parish or township. 63-64 V., c. 12, s. 26.

The Nomination.

89. The Governor General shall fix the day for the nomina- Nomination tion of candidates at the election: Provided that, at every How fixed. day. general election, he shall, except as to the Yukon Territory, fix one and the same day for the nomination of candidates in all the electoral districts, except in the electoral districts of Chicoutimi and Saguenay, and Gaspé in the province of Quebec, and of Comox-Atlin, Kootenay and Yale-Cariboo, in the province of British Columbia.

in writ.

2. The day so fixed by the Governor General shall be named To be named in the writs of election for the several electoral districts respectively to which such day applies. R.S., c. 7, s. 6; 63-64 V., c. 12, s. 28; 4 E. VII., c. 12, s. 2.

districts.

90. In the electoral districts of Chicoutimi and Saguenay, Nomination day and and Gaspé in the province of Quebec, and of Comox-Atlin, polling day Kootenay and Yale-Cariboo, in the province of British Colum- in certain bia, the returning officers shall fix the day for the nomination of candidates, and also the day and places for holding the polls; the nomination in the said electoral districts shall take place not less than eight days after the proclamation hereinbefore required has been posted up, neither the last day of posting it up nor the day of nomination being reckoned; and the day for holding the polls shall be at as early a date thereafter as possible, but not less than seven days after nomination, and at a general election it shall, if possible, be the same day as that fixed by the Governor General for the other electoral districts but not sooner. 4 E. VII., c. 12, s. 3.

ment of

unforeseen

91. Except as to the Yukon Territory, whenever from Postponeunforeseen accident, delays or otherwise, the proclamation afore- nomination said cannot be posted up so as to give the required time between in case of the posting up of the proclamation and the nomination day event. appointed by the Governor General, or by the returning officer, as the case may be, the returning officer shall fix another day for the nomination of candidates, which shall be the nearest day possible after allowing the number of days required between the posting up of the proclamation and the nomination day, and, in every such case, the returning officer shall, with his return, make to the Clerk of the Crown in Chancery a special report of the causes which occasioned the postponement of the election. R.S., c. 7, s. 16; 63-64 V., c. 12, s. 30.

ination.

92. The place fixed for the nomination of candidates shall Place of nombe the court house, city or town hall, or some other public or private building, in the most central or most convenient place

Hours for nomination.

Form of nomination.

Each candidate separ

ately.

Consent of candidate.

Deposit by candidate.

Receipt for

for the majority of the electors of each electoral district. 63-64 V., c. 12, s. 31.

93. Except in the provinces of Saskatchewan and Alberta and the Yukon Territory, the time appointed for the nomination of candidates shall be from the hour of twelve at noon until the hour of two in the afternoon of the day fixed for that purpose, and, during such time, the returning officer and the election clerk shall remain at the place fixed in the notice for the purpose of receiving the nomination papers. 63-64 V., c. 12, s. 32.

Nomination Papers.

94. Any twenty-five electors, except in the provinces of Saskatchewan and Alberta and the Yukon Territory, may nominate a candidate, or as many candidates as are required to be elected for the electoral district for which the election is held, by signing a nomination paper in form H, stating therein the name, residence and addition or description of each person proposed, in such manner as sufficiently to identify such candidate and by causing such nomination paper to be produced to the returning officer at the time and place indicated in the proclamation, or to be filed with the returning officer at any other place, and at any time between the date of the proclamation and the day of nomination. 63-64 V., c. 12, s. 33.

95. Each candidate shall be nominated by a separate nomination paper; but the same electors, or any of them, may subscribe as many nomination papers as there are members to be elected. 63-64 V., c. 12, s. 33.

96. No nomination paper shall be valid or acted upon by the returning officer unless it is accompanied by,(a) the consent in writing of the person therein nominated, except where such person is absent from the province in which the election is to be held, when such absence shall be stated in the nomination paper; and,

(b) a deposit of two hundred dollars in legal tender or in the bills of any chartered bank doing business in Canada, or a cheque for that amount drawn upon and accepted by such bank. R.S., c. 7, s. 18; 54-55 V., c. 56, s. 1; 1 E. VII., c. 16, s. 2; 2 E. VII., c. 37, s. 18.

97. The returning officer shall give to the candidate or his such deposit. agent a receipt for such deposit which shall, in every case, be sufficient evidence of the production of the nomination paper, of the consent of the candidate and of the payment therein mentioned. R.S., c. 7, s. 18; 63-64 V., c. 12, s. 34; 2 E. VII., c. 37, s. 18.