Canadian Wheat Board Advisory Committee 1994 Election Regulations

Consolidated Statutes and Regulations
Enabling statute: Canadian Wheat Board Act
Disclaimer: These documents are not the official versions (more).
Source: http://laws.justice.gc.ca/en/C-24/SOR-82-602/73168.html
Regulation current to September 15, 2006

SOR/82-602

Registration 10 June, 1982

CANADIAN WHEAT BOARD ACT

Canadian Wheat Board Advisory Committee 1990 Election Regulations

P.C. 1982-1759 10 June, 1982

His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 10.5 of the Canadian Wheat Board Act, is pleased hereby to revoke the Canadian Wheat Board Advisory Committee 1978 Election Regulations made by Order in Council P.C. 1978-2143 of 29th June, 1978*, and to make the annexed Regulations respecting the election of the members of the Advisory Committee of the Canadian Wheat Board, in substitution therefor.

* SOR/78-567, 1978 Canada Gazette Part II, p. 2979

REGULATIONS RESPECTING THE ELECTION OF THE MEMBERS OF THE ADVISORY COMMITTEE OF THE CANADIAN WHEAT BOARD

SHORT TITLE

1. These Regulations may be cited as the Canadian Wheat Board Advisory Committee 1994 Election Regulations. SOR/86-772, s. 1; SOR/90-458, s. 1; SOR/94-464, s. 1.

INTERPRETATION

2. In these Regulations,

"Act" means the Canadian Wheat Board Act; (Loi)

"Advisory Committee" means the Advisory Committee established by section 12 of the Act; (comité consultatif)

"ballot" means a ballot referred to in section 19; (bulletin de vote)

"candidate" means a person who is nominated as a candidate pursuant to these Regulations; (candidat)

"close of elections" means five o'clock in the afternoon on election day; (clôture de l'élection)

"close of nominations" means five o'clock in the afternoon on nomination day; (clôture de la présentation des candidatures)

"co-ordinator" means the person who is appointed election co-ordinator pursuant to section 3; (coordonnateur)

"district" means an electoral district established pursuant to section 4; (circonscription)

"election day" means November 25, 1994; (jour de scrutin)

"nomination day" means September 16, 1994; (jour de la présentation des candidatures)

"permit book" means a permit book issued by the Board before October 3, 1994 for the 1994-95 crop year. (carnet de livraison) SOR/86-772, s. 2; SOR/90-458, s. 2; SOR/94-464, s. 2.

ELECTION CO-ORDINATOR

3. The Board shall appoint an election co-ordinator who shall conduct an election of one member of the Advisory Committee in each district on election day.

ELECTORAL DISTRICTS

4. The 11 electoral districts described and named in Schedule I are hereby established within the designated area.

VOTER QUALIFICATIONS

5. Every actual producer who is named in suffix A of a permit book that authorizes deliveries of grain to a delivery point is qualified to vote in the district in which the delivery point is situated. SOR/90-458, s. 11(F).

ENTITLEMENT TO VOTE

6. Subject to these Regulations, every actual producer who is qualified to vote in a district is entitled to be included in the list of voters for that district referred to in section 7 and to vote as provided in these Regulations. SOR/90-458, s. 3(E).

PREPARATION OF LIST OF VOTERS

7. The co-ordinator shall, not later than 30 days before election day, cause to be prepared and printed for each district a list of voters containing the names of the actual producers who are qualified to vote in that district.

8. Forthwith after the list of voters for each district has been printed pursuant to section 7, the co-ordinator shall furnish each candidate for election in that district with one copy of the list.

QUALIFICATIONS OF CANDIDATES

9. Subject to these Regulations, a person who, on the date on which the person files a nomination paper,

(a) has attained the age of 18 years,

(b) is a Canadian citizen or permanent resident, and

(c) is named as a producer in a permit book that authorizes deliveries of grain to a delivery point or is a member of and is nominated by a corporation, co-operative or partnership that is named as an actual producer in such a permit book

is qualified as a candidate for election in the district in which the delivery point referred to in paragraph (c) is situated. SOR/90-458, ss. 4, 11(F).

10. No person who is

(a) a member of Parliament,

(b) a member of any provincial legislature, or

(c) an employee of, or a professional consultant to, the Board, the Government of Canada or the government of any province

is eligible to be a candidate for election. SOR/86-772, s. 3; SOR/90-458, s. 5.

NOMINATION OF CANDIDATES

11. (1) Any 25 or more persons qualified to vote in a district may nominate a candidate for election in the district in the manner provided in this section.

(2) A candidate for election shall be nominated as follows:

(a) a nomination paper shall be prepared containing

(i) the name, address and permit number of the candidate, and

(ii) the name of the district for which the candidate is nominated;

(b) the nomination paper shall be signed by each of the 25 or more persons referred to in subsection (1) in the presence of a witness and each of the persons so signing shall state the person's address in the nomination paper;

(c) the nomination paper shall be signed by a witness to the signature of each of the persons who signed the nomination paper pursuant to paragraph (b) and each of the witnesses so signing shall state the address of the witness in the nomination paper;

(d) a statement in the nomination paper indicating that the candidate is qualified to be a candidate in the election and that the candidate consents to and accepts the nomination shall be signed by the candidate in the presence of a witness and the nomination paper shall be signed by that witness; and

(e) the nomination paper, completed in accordance with paragraphs (a) to (d), shall be delivered to the co-ordinator at the City of Winnipeg at or before the close of nominations and shall be accompanied by

(i) a biographical history of the candidate, which may include a policy statement, signed by the candidate, not exceeding 150 words in length, and

(ii) a deposit in the sum of $100 by certified cheque, bank draft, postal note or money order payable to the co-ordinator in trust. SOR/86-772, s. 4; SOR/90-458, s. 6.

12. No person shall be nominated for election in more than one district.

13. The co-ordinator shall not accept nominations after the close of nominations.

DEPOSIT

14. Subject to section 15, the co-ordinator shall, on receipt of a deposit under subparagraph 11(2)(e)(ii), hold the deposit in trust.

15. The deposit paid by a candidate under subparagraph 11(2)(e)(ii) shall

(a) where the candidate withdraws from the election within 14 days of the nomination day, is elected or obtains a number of votes exceeding the lesser of

(i) one-half of the votes cast in favour of the candidate elected, and

(ii) 15 per cent of the total votes cast for all candidates in the district,

be returned to the candidate;

(b) if the candidate dies before election day, be returned to the personal representative of the candidate; and

(c) in any other case, be forwarded to the Board after the election to be applied to defray the expenses relating to the election of the Advisory Committee. SOR/94-464, s. 3.

WITHDRAWAL OF CANDIDATE

16. A candidate at an election may withdraw from the election at any time prior to election day by filing with the co-ordinator in Winnipeg a declaration of withdrawal signed by the candidate and attested by the signatures of two witnesses. SOR/90-458, s. 7(E).

17. Where a candidate at an election withdraws from the election, any votes cast for that candidate at the election are void. SOR/90-458, s. 7(E).

ACCLAMATION

18. Where, at the close of nominations, only one nomination paper in respect of a district has been delivered to the co-ordinator in accordance with these Regulations, the co-ordinator shall forthwith

(a) make a return in writing to the Board declaring that the candidate named in the nomination paper is elected by acclamation to the Advisory Committee for that district; and

(b) send a certified copy of the return to the candidate elected.

MANNER OF VOTING

19. The co-ordinator shall, on or before November 1, 1994, send by mail to each voter in the voters' list for each district

(a) one ballot in the form set out in Schedule II to which the names of the candidates for the district and a square opposite each name have been added in the rectangle provided;

(b) a copy of each biographical history received from the candidates for the district; and

20. (1) An actual producer who is qualified to vote in a district in which an election is pending who has not received a ballot, or who has received a ballot for a district in which the actual producer is not entitled to vote, and who wishes to vote in the election shall submit to the co-ordinator in Winnipeg

(a) where the actual producer has not received a ballot, a written request for a ballot for the district in which the actual producer is entitled to vote and an affidavit sworn to by the actual producer that the actual producer is a qualified voter entitled to vote in that district; or

(b) where the actual producer has received a ballot for a district in which the actual producer is not entitled to vote, a written request for a ballot for the district in which the actual producer is entitled to vote and an affidavit sworn to by the actual producer that the producer has received a ballot for a district in which the producer is not entitled to vote and that the producer is a qualified voter entitled to vote in the district for which a ballot is requested.

(2) Where the co-ordinator receives a written request for a ballot and an affidavit described in paragraph (1)(a) or (b) from an actual producer before election day, the co-ordinator shall furnish the actual producer with a ballot forthwith together with a copy of each biographical history and a return envelope referred to in section 19. SOR/90-458, s. 9.

21. (1) For the purpose of voting, a voter shall mark on the ballot an "X" in the square opposite the name of the candidate for whom the voter wishes to vote.

(2) Each voter shall, after voting, return the voter's ballot by mail to the co-ordinator in Winnipeg in sufficient time for the ballot to be received before the close of the election. SOR/90-458, s. 10(E).

22. Any vote cast in a ballot that is received by the co-ordinator after the close of elections is void.

23. (1) Forthwith after the close of elections, the co-ordinator and two independent scrutineers appointed by the Board shall

(a) cause the ballots to be sorted by district;

(b) count the ballots cast for each candidate in each district;

(d) re-count the ballots cast in any district in which the number of ballots cast for the candidate who received the greatest number of votes does not exceed the number of ballots cast for each of the other candidates by a margin equal to or greater than one per cent of the number of ballots cast for the candidate who has received the greatest number of votes in that district; and

(e) make a return in writing to the Board and to each candidate, signed by the co-ordinator and each scrutineer, declaring the candidate in each district who received the greatest number of votes in that district to be the member elected to the Advisory Committee for that district.

(2) The co-ordinator shall make public in each district the results of the election in that district forthwith after the making of the returns pursuant to paragraph (1)(e). SOR/86-772, s. 6.

SECRECY

24. No candidate, scrutineer or co-ordinator at an election shall at any time communicate to any person any information as to the candidate for whom any voter voted.

SCHEDULE I/ANNEXE I
(Section 4)/(article 4)

Each district comprises the lands operated by producers named in permit books which authorize the delivery of grain produced on those lands to elevators at the delivery points attributed to that district as hereinafter set out:

Chaque circonscription représente l'ensemble des terres exploitées par les producteurs désignés dans les carnets de livraison qui autorisent la livraison du grain produit sur ces terres aux silos situés aux points de livraison de cette circonscription mentionnés ci-après.

DISTRICT NO. 01/CIRCONSCRIPTION No 01