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| Order for writ
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19. (1) For every recall election, the
Governor in Council shall, by order, at least
twenty-eight days before the date appointed
for the holding of the recall election, direct the
Chief Electoral Officer to proceed forthwith to
issue a writ for the holding of the election.
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| Issue of writ
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(2) The Chief Electoral Officer shall, within
three days after receipt of an order pursuant to
subsection (1), issue a writ for the recall
election to the returning officer of the
electoral district in which the election is to be
held.
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| Latest day for
return
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(3) The latest day for the return of the writ
shall be stated in the writ and shall be the
fiftieth day after the issue of the writ.
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| Publication of
question
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(4) The Chief Electoral Officer shall, within
five days after the issuance of the writ, publish
throughout the electoral district the question
described in subsection 20(2), the statements
of reasons for and against recall provided in
accordance with subsections 20(3) and (4) and
the date the recall election will be held.
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| Number and
form of
ballots
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20. (1) There shall be two ballots at a recall
election.
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| Question on
first ballot
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(2) The question on the first ballot shall be
worded: ``Do you support the recall of
_______ from the office of member of
Parliament?'', where the blank space shall be
filled by the name of the member of
Parliament for the electoral district.
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| Reasons for
recall on
ballot
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(3) The ballot shall include a statement of
not more than two hundred words, prepared by
the promoter of the recall petition, as to why
the member of Parliament should be recalled.
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| Reasons
against recall
on ballot
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(4) The ballot shall include a statement of
not more than two hundred words, prepared by
the member of Parliament, as to why the
member should not be recalled.
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| Second ballot
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(5) The second ballot shall be of the form
prescribed under the Canada Elections Act for
a by-election in an electoral district.
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| Effect of vote
on first ballot
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21. If the number of affirmative votes on the
first ballot is greater than fifty per cent of the
total of the first ballots cast,
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(a) the member of Parliament for the
electoral district shall cease to hold office;
and
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(b) the second ballots shall be counted.
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| Less than 50%
for recall
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22. (1) If the number of affirmative votes on
the first ballot is less than fifty per cent of the
total of the first ballots cast, the second ballots
shall not be counted and the petition to recall
the member of Parliament shall thereupon be
deemed denied.
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| Expenses of
member
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(2) If the number of affirmative votes cast
on the first ballot in a recall election is less
than fifty per cent of the total number of votes
cast, the expenses incurred by the member
against whom the recall was brought shall be
reimbursed to the member from the
Consolidated Revenue Fund.
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| Expenses of
member
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(3) For the purposes of subsection (2), the
expenses to be reimbursed shall be the
expenses that the Chief Electoral Officer
accepts as being actual and reasonable
expenses related to the recall.
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| Effect of vote
on second
ballot
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23. The candidate whose name is selected
by the largest number of voters on the second
ballot is the member elect for the electoral
district and may be sworn in as the member of
Parliament for that district.
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| Member
resigns
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24. (1) If a member of Parliament who is the
subject of a recall petition resigns within ten
days after the date on which the Clerk certifies
the petition to be valid, no first ballot shall be
held at the recall election.
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| Member
resigns
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(2) A member of Parliament who resigns
after the Clerk certifies as being valid a recall
petition with respect to the electoral district in
which the member was elected may not be
named on the second ballot.
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| Member who
does not
resign
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(3) A member of Parliament who does not
resign may be a candidate on the second
ballot.
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| Canada
Elections Act
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25. (1) Subject to the provisions of this Act,
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(a) the Canada Elections Act, as far as it is
applicable and with the necessary
modifications, applies to a recall election
under this Act as if the recall election were
a by-election; and
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(b) subject to such adaptations as are made
by the regulations, the recall election shall
be held in the manner provided in the
Canada Elections Act for the conduct of a
by-election.
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| Electronic
voting
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(2) Electronic voting may be used in a recall
election, with such adaptations to the
provisions of this Act as may be necessary, if
such is provided for in an Act of Parliament for
the election of members of the House of
Commons.
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| Regulations
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26. (1) The Governor in Council may make
regulations
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(a) applying, for the purpose of this Act,
with or without modifications, provisions
of any regulation made under the Canada
Elections Act;
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(b) prescribing the time at which, and the
manner in which, special voters may vote at
a recall election, whether or not at a polling
place and whether within or outside
Canada;
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(c) prescribing conditions upon or subject to
which special voters may vote at a recall
election;
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(d) prescribing, for the purposes of a recall
election, different methods of voting for
different classes of special voters;
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(e) providing for the modification of any
provision of the Canada Elections Act in
order to adapt it to the carrying out of a
recall election in accordance with the other
provisions of this Act; and
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(f) providing for any other matter necessary
to give full effect to the provisions of this
Act or its administration.
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| Forms
prescribed by
Chief
Electoral
Officer
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(2) The Chief Electoral Officer may
prescribe forms for the purposes of this Act.
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| Interfering
with or
influencing
voters
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27. (1) Every person commits an offence
and shall be liable on summary conviction to
a fine not exceeding $5,000 who, at a recall
election
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(a) in any way interferes with any voter,
either in the polling station or while the
voter is on the way to the polling station,
with the intention of influencing the voter
or advising the voter as to the vote;
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(b) at any time before the close of the poll
on the day on which the election is held,
participates in any demonstration or
procession having direct or indirect
reference to the recall election, by any
means whatsoever;
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(c) at any time before the close of the poll
on the day on which the election is held,
makes any statement having direct or
indirect reference to the recall election by
means of any loudspeaker or public address
apparatus or radio or television apparatus
other than a publication by radio or
television broadcast made by a broadcaster
within the meaning of section 2 of the
Broadcasting Act of
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(i) an advertisement placed by the Chief
Electoral Officer or a returning officer,
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(ii) a non-partisan advertisement
broadcast, as a community service, by a
broadcaster within the meaning of
section 2 of the Broadcasting Act, or
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(iii) news in relation to the recall
election;
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(d) at any time before the close of the poll
on the day on which the recall election is
held, conducts, in relation to the recall, a
public opinion poll of persons voting before
the day on which the election is held;
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(e) at any time before the close of the poll
on the day on which the election is held,
conducts a public opinion poll in relation to
the recall;
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(f) at any time before the close of the poll on
the day on which the election is held or at
any time on any of the three days
immediately preceding that day, prints or
distributes or delivers to any person
anything being or purporting to be in
imitation of the voting paper to be used at
the poll, together with any direction or
indication as to the answer for which any
voter should or should not vote, or in any
way containing any such direction or
indication, or having on it any matter likely
to influence any vote;
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(g) at any time before the close of the poll
on the day on which the election is held,
exhibits in or in view of any public place, or
publishes, distributes or broadcasts
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(i) any statement advising or intended or
likely to influence a voter as to the way
the voter should or should not vote,
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(ii) any statement advising or intended or
likely to influence any voter to abstain
from voting, or
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(iii) any statement, name, emblem,
slogan, or logo identified with the recall,
other than
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(A) a statement, name, emblem,
slogan or logo in a newspaper
published before 6 p.m. on the day
before the day on which the election is
held, or
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(B) a statement, name, emblem, slogan
or logo that does not relate specifically
to the election and that is so exhibited
before the day on which the election is
held in a fixed position and in relation
to the national or regional or campaign
headquarters, other than a mobile
headquarters, of a proponent of any
answer to a question to which the recall
relates, and is left exhibited on the day
on which the election is held;
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(h) at any time before the close of the poll
on the day on which the election is held,
exhibits in or in view of any public place or
distributes any ribbons, streamers, rosettes,
or items of a similar nature in colours that
are identified with the recall, other than
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(i) ribbons, streamers, rosettes or items of
a similar nature worn or displayed by any
person, other than an election official, on
the person or on any vehicle, in colours
that are identified with the election, or
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(ii) a lapel badge worn by any person
other than an election official;
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(i) exhibits or leaves in any polling booth
any card or paper having on it any direction
or indication as to how any person should
vote or as to the method of voting; or
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(j) subject to any regulations made under
this Act, at any time before the close of the
poll on the day on which the recall is held,
within, or at the entrance to, or in the
vicinity of, any polling place
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(i) gives or offers to give any person any
written or oral information as to any
name or number on the official list of
electors or any supplementary list being
used at the election, or
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(ii) permits or offers to permit any person
to examine any copy of the official list of
electors or any supplementary list being
used at the election.
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| Defence
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(2) It is a defence to a prosecution for an
offence against subsection (1)(g) that relates
to the exhibition in or in view of a public place
of a statement, name, emblem, slogan or logo
if the accused proves that
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(a) the exhibition was inadvertent; and
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(b) the accused caused the exhibition to
cease as soon as the accused was notified by
a returning officer or deputy returning
officer that the exhibition was taking place.
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| Exception
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(3) Nothing in this section applies to an
official statement or announcement made or
exhibited under the authority of this Act or the
Canada Elections Act.
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| Removal of
names,
emblems, etc.
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28. (1) The returning officer may, at any
time on the day on which the election is held
before the close of the poll, cause to be
removed, covered or obliterated
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(a) any statement advising or intended or
likely to influence any elector to abstain
from voting; or
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(b) any name, emblem, slogan, or logo
identified with the election exhibited in or
in view of any public place.
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| Exception
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(2) Paragraph (1)(c) does not apply to
ribbons, streamers, rosettes or items of a
similar nature worn or displayed by any
person, on the person or on any vehicle, in
colours that are identified with the recall, or to
a lapel badge worn by any person.
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| Exception
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(3) Nothing in subsection (1) applies to a
statement, name, emblem, slogan or logo that
does not relate specifically to the recall, that
is in a fixed position and is in relation to the
national, regional or campaign headquarters,
other than a mobile headquarters, of a
proposer of or opponent to the recall.
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| Expense
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(4) Any expense incurred by the returning
officer in carrying out the power conferred by
subsection (1) may be recovered by the
returning officer from the persons by whom or
by whose direction the statement, name,
emblem, slogan, or logo was exhibited, as a
debt due by them jointly and severally to the
Crown.
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| Offence re
unauthorized
voting papers
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29. Every person commits an offence and is
liable on summary conviction to a fine not
exceeding $2,000 who, at a recall election,
except in accordance with any regulations
made under the Canada Election Act or this
Act in relation to special voters, possesses any
voting paper other than the one received from
the returning officer or deputy returning
officer for the purpose of recording a vote.
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| Offence re
payment to
sign recall
petition
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30. Every person commits an offence and is
liable on summary conviction to a fine not
exceeding $5,000 who offers or pays to any
person any compensation or offers or gives to
any person any benefit in order to induce the
person to sign, or in consideration of the
person signing, a recall petition.
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| Offences
equivalent to
those under
Canada
Elections Act
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31. Every person commits an offence and is
liable on summary conviction to a fine not
exceeding $2,000 who, at a recall petition,
does or omits to do an act, other than an act to
which section 27 or 30 of this Act applies, that
if done or omitted to be done at a general
election or by-election of a member of the
House of Commons would be an offence
under the Canada Elections Act.
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