CHAP. 12.

An Act to consolidate and amend the law relating to the Election of Members of the House of Commons.

[Assented to 18th July, 1900.]

ER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE.

1. This Act may be cited as The Dominion Elections Act, Short title. 1900.

APPLICATION.

2. The following provisions of this Act shall apply to Application elections in the North-west Territories, so far as the same are to N--W. T. applicable and are not inconsistent with the provisions of The R.S.C. c. 7. North-west Territories Representation Act, as amended, that is to say: Sections 4 to 7, both inclusive; section 9; section 41, paragraphs (c), (d), (e) and (h), and subsection 2; sections 43 to 59, both inclusive; sections 62 to 64, both inclusive; sections 69 to 150, both inclusive; and sections 152 to 154, both inclusive; together with the forms mentioned in the said sections and parts of sections; but otherwise, except as provided by The North-west Territories Representation Act, or any amendment thereto, this Act shall not apply to the Northwest Territories.

INTERPRETATION.

3. In this Act, unless the context otherwise requires,—

Interpreta

» tion.

"Provincial

(a.) The expression "election" or "Dominion election "Election." means an election of a member to serve in the House of Com- "Dominion mons, and the expression "provincial election" means an election." election of a member to serve in the legislative assembly or election." house of assembly or general assembly of a province and in the Province of Prince Edward Island means an election of an assemblyman;

"Electoral district.'

"Elector," "voter."

"List of voters."

"Polling division."

"Candidate. "

"Election petition."

"Judge."

"Personal expenses."

"Form."

(b.) The expression "electoral district" means any place or territorial area in Canada entitled to return a member to serve in the House of Commons;

(c.) The expression "elector" or "voter" means any person entitled to vote at an election under the provisions of this Act, or of the Franchise Act, 1898, or any amendment thereto;

(d.) The expression "voters' list," or "list of voters" includes any official list of persons entitled to vote at an election;

(e.) The expression "polling division" includes any polling subdivision, polling district or subdistrict or other territorial area for which there is a separate voters' list, or in which a poll may be held;

(f) The expression "candidate at an election" or "candidate means any 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 the vacancy in consequence of which such writ has been issued: provided that where a person has been nominated as a candidate or declared to be a candidate by others without his consent, nothing in this Act shall be construed to impose any liability upon him unless he has afterwards given his assent to such nomination or declaration or has been elected;

(g.) The expression "election petition" means a petition presented in pursuance of The Dominion Controverted Elections Act, being chapter 9 of the Revised Statutes;

(h.) The expression "judge" includes Chief Justice, and when used with reference to the province of Ontario, also includes the Chancellor ;

(.) The expression "personal expenses," as used in this Act 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;

(j) The expression "form" means a form in Schedule One to this Act.

Qualification

QUALIFICATION OF MEMBERS.

4. Except as hereinafter provided, any British subject may of candidates. be a candidate for a seat in the House of Commons. 2. No qualification in real estate shall be required of any candidate.

Disqualifications.

On account of corrupt

practices.

5. The following persons shall not be eligible as candidates:

(a.) Every person disqualified for corrupt practices or other offences by sections 126, 128 or 129 of this Act;

tain offices. Contractors

(b.) Every person disqualified by section 9 or 10 of the Holding cerAct respecting the Senate and House of Commons, being chapter 11 of the Revised Statutes, by reason of his holding certain with Governoffices of emolument or being interested in a contract or agree- ment. ment with the Crown;

(c.) Every person disqualified by section 1 of the Act Members of respecting the House of Commons, being chapter 13 of the provincial legislatures. Revised Statutes, by reason of his being a member of the legislature of any province.

6. If a person declared ineligible by paragraph (a) or (b) of Election of the next preceding section is nevertheless returned as a mem- person to be disqualified ber, his election and return shall be null and void.

void.

member of

2. If a member of the legislature of any province, notwith- Votes for standing his disqualification as in the next preceding section provincial mentioned, receives a majority of votes at an election, such legislature majority of votes shall be thrown away, and the returning way. officer shall return the person having the next greatest number of votes, provided he is otherwise eligible.

QUALIFICATION OF VOTERS.

to be thrown away.

7. The following persons shall be disqualified and incom- Who shall petent to vote at any Dominion election, whether disqualified not vote. and incompetent or not to vote at a provincial election :

(a.) The judges of every court now existing or hereafter Judges. created whose appointment rests with the Governor General; (b.) Persons disfranchised for corrupt practices under sec- Persons tions 126 and 129 of this Act;

disqualified by sections (c.) Persons disfranchised for taking bribes under section 126 and 129. 15 of the Act to disfranchise voters who have taken bribes, being Bribed voters. chapter 14 of the statutes of 1894.

1894, c. 14.

officers and others may

8. The following persons shall be disqualified and incom- Certain petent to vote at an election for the electoral district for which or for a portion of which they hold their offices or positions, not vote at whether disqualified and incompetent or not to vote at a pro- which they vincial election:are employed.

(a.) Returning officers and election clerks, but not deputy returning officers, poll clerks or constables, whether appointed by the returning officer or by a deputy returning officer, employed in connection with the election;

(b.) Any person who at any time, either before or during the election, has been or is employed at the same election or in reference thereto by any person as counsel, attorney, solicitor, agent or clerk at any polling place at any such election, or in any other capacity, and who has received or expects to receive, either before, during or after the said election from any person for acting in any such capacity as aforesaid, any sum of money, fee, office, place or employment, or any promise, pledge or security for any sum of money, fee, office, place or employment.

election at

2. The returning officer may, nevertheless, as hereinafter provided, vote in the case of an equality of votes between candidates.

9. Every person guilty at an election of the unlawful act mentioned in section 113 is disqualified from voting at such election.

Date and return of writ. Address.

Transmission.

Form.

Returning officers.

Proviso.

Who shall not

WRITS OF ELECTION.

10. Every writ for an election shall be dated and be returnable on such days as the Governor General determines. 2. It shall be addressed and forwarded by the Clerk of the Crown in Chancery to the person appointed by the Governor General as hereinafter provided.

3. It shall be transmitted to such person by mail, unless otherwise ordered by the Governor General. 4. It shall be in the form A.

ELECTION OFFICERS.

11. The person to whom a writ is addressed, as herein before provided, shall be the returning officer at the election to which such writ relates; Provided always, that if the person to whom the writ has been addressed refuses, or is disqualified or unable to act, the Governor General may appoint another person to be such returning officer.

12. None of the persons following shall be appointed returnact as election ing officers, or deputy returning officers, election clerks or poll clerks :

officers.

(a.) Members of the Queen's Privy Council for Canada or of the Executive Council of any province;

(b.) Members of the Senate or members of the Legislative Council of any province;

(c.) Members of the House of Commons or members of the Legislative Assembly of any province;

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

(e.) Judges of the courts of superior, civil or criminal jurisdiction, or judges of any county or district court, insolvent court or admiralty court;

(f) Persons who have served in the Parliament of Canada in the session immediately preceding the election, or in the then present session of Parliament;

(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 of an offence in violation of a provincial Act relating to elections, or of the Act to disfranchise voters who have taken bribes, being chapter 14 of the statutes of 1894;

(h.) Persons who have been convicted of an indictable offence.

13. No person shall be appointed deputy returning officer Residence or election clerk or poll clerk who is not a resident of the electoral district within which he is to act.

of election officers.

act as such.

14. None of the following persons, unless they are sheriffs, Who shall not registrars, town clerks or assessors, shall be obliged to act as be bound to returning officers, deputy returning officers, election clerks or poll clerks, 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;

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

(f) Persons who have previously served as returning officers at a Dominion election.

15. The returning officer shall, on receiving the writ of Endorsing election, forthwith endorse thereon the date on which he receipt of receives it, and before taking any further action thereon he of returning shall take the oath of office in the form B.

writ; oath

officer.

of election clerk.

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

17. The election clerk shall, before acting as such, take Oath of office. the oath of office in the form D.

18. The election clerk shall assist the returning officer in Duties. 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.

tion officers.

19. Every officer and clerk who is guilty of any wilful Misfeasance, misfeasance or any wilful act or omission in violation of this etc., by elecAct shall forfeit to any person aggrieved by such misfeasance, act or omission, a sum not exceeding five hundred dollars, in addition to the amount of all actual damages thereby occasioned Penalty. to such person.

20. Every returning officer, deputy returning officer, election Neglect of clerk or poll clerk, who refuses or neglects to perform any of duty by electhe obligations or formalities required of him by this Act shall,

tion officers.