Local Authorities Elections Act

(1) For the purposes of the first election of the members of a local authority, the appropriate Minister may, in consultation with any body, group or resident of the electoral district,

(2) The election day for the first election of the members of a local authority may be fixed on a day before the establishment of the local authority, but the terms of office of the members of the local authority do not commence until the local authority is established.

(1) The appropriate Minister may give specific directions not inconsistent with this Act to the local authority, the chief municipal electoral officer or election officers governing the conduct of an election in order to supplement this Act.

(2) Repealed, S.N.W.T. 2011,c.15,s.3.

(3) The appropriate Minister shall establish and distribute manuals or guides, not inconsistent with this Act, that the Minister considers appropriate for the use of voters, candidates, the chief municipal electoral officer or election officers. S.N.W.T. 1997,c.5,s.4(3), (4); S.N.W.T. 2011,c.15,s.3.

(1) The Commissioner in Executive Council may appoint a member of the public service as chief municipal electoral officer.

(2) The chief municipal electoral officer shall

(3) A local authority shall give the chief municipal electoral officer notice of

S.N.W.T. 1997,c.5,s.4(5); S.N.W.T. 2011,c.15,s.4.

(1) A local authority may conduct an election

(2) Where two or more local authorities make an agreement under paragraph (1)(b) or (c), they may provide that

(3) A local authority that conducts an election on behalf of another local authority shall ensure compliance with this Act respecting the election.

(1) A local authority may submit to the voters any question relevant to the local authority at the same time that an election is held or at any other convenient time.

(1.1) The appropriate Minister may require a local authority to submit to the voters any question specified by the Minister, at the expense of the Government of the Northwest Territories and at the same time that an election is held or a question is otherwise submitted to the voters.

(1.2) Public notice of a question must be given not later than 14 days before election day or the day the question is otherwise submitted to the voters.

(2) The vote on any question submitted to the voters must be conducted in accordance with the procedure for conducting an election, with such modifications as the circumstances require.

(3) For greater certainty, a question submitted to the voters is decided by the majority of those who vote on the question.

(4) In the case of a question submitted by a municipal corporation, all voters are entitled to vote on the question.

(5) The mayor shall, if requested by a voter, appoint in writing a sufficient number of persons from among those who support and those who oppose the question to act as scrutineers at each voting station and at the final count of the ballots.

(6) The persons appointed as scrutineers have the same powers and duties as agents of a candidate at an election. S.N.W.T. 2003,c.22,Sch.D,s.2(3); S.N.W.T. 2011,c.15,s.5.

(1) The day for a general election for the mayor and councillors

(2) The day for a general election for members of a District Education Authority is the same as that for the municipality in which it is situated, if any, or as otherwise fixed by the District Education Authority. R.S.N.W.T. 1988,c.30(Supp.),s.10; S.N.W.T. 1995, c.28,s.154(3); S.N.W.T. 1998,c.24, s.18(4); S.N.W.T. 2011,c.8,s.17(3).

(1) Subject to this Act, the dates for the conduct of an election must be in accordance with this section.

(2) An advance vote, if required, must be held not earlier than the 14th day and not later than the 7th day before election day.

(3) Notice of the day of any advance vote and the election day must be published not later than 25 days before election day.

(4) The list of voters must be posted not later than 30 days before election day, but a revised list of voters may be posted at any time after the initial posting.

(5) The time for nominating candidates expires at 3 p.m. on the 28th day before election day.

(6) Notice calling for nomination of candidates must be given not later than 14 days before the time for nominating candidates expires.

(7) A returning officer must be appointed not later than 49 days before election day. S.N.W.T. 1997, c.5,s.4(7); S.N.W.T. 2011,c.15,s.6; S.N.W.T. 2012,c.18,s.11(3).

(1) The municipal council of a city or town may, by bylaw, divide the municipality into wards for the purpose of electing councillors in the manner that it considers appropriate and shall specify

(2) Where the municipal council of a city or town makes a bylaw establishing a ward system,

S.N.W.T. 2006,c.23,s.7(2),(3).

(1) Except for a bylaw altering existing ward boundaries, a bylaw made under section 14 and any bylaw that amends that bylaw

(2) No bylaw enacted under section 14 that establishes, amends or repeals a ward system has any effect until approved by the appropriate Minister. S.N.W.T. 2006,c.23,s.7(4),(5).

(1) In this section, "Official Language" means an Official Language referred to in section 4 of the Official Languages Act.

(2) A local authority that considers it necessary or desirable may authorize the use of any Official Language, in addition to English, for any ballot or form required for an election. R.S.N.W.T. 1988, c.125 (Supp.),s.3; S.N.W.T. 2006,c.23,s.7(6).

ELIGIBILITY OF VOTERS AND CANDIDATES

(1) A person is eligible to be nominated and stand as a candidate if he or she

(3) or section 19 or 20.

(2) Subject to section 18.1, a person is not eligible to be nominated or to stand as a candidate if he or she

(3) A person is not eligible to be nominated or to stand as a candidate if he or she

R.S.N.W.T. 1988,c.39(Supp.),s.10; R.S.N.W.T. 1988, c.102(Supp.),s.3; S.N.W.T. 1991-92,c.6,s.3; S.N.W.T. 2003,c.31,s.94.1; S.N.W.T. 2011,c.15,s.8.

(1) A justice of the peace is eligible to be nominated or to stand as a candidate for a District Education Authority.

(2) A justice of the peace who is nominated for or wishes to stand as a candidate for a municipal council shall apply in writing to the Chief Judge for a leave of absence from his or her duties as a justice of the peace.

(3) Where a leave of absence is applied for under subsection (2), the Chief Judge shall grant to the justice of the peace a leave of absence without pay for a period ending on the day on which the results of the election are declared or on an earlier day that is requested by the justice of the peace if he or she has ceased to be a candidate.

(4) A justice of the peace who is elected as a member of a municipal council ceases to hold office as a justice of the peace. R.S.N.W.T. 1988,c.39 (Supp.), s.11; S.N.W.T. 1995, c.28,s.154(4); S.N.W.T. 2011, c.8,s.17(4); S.N.W.T. 2011,c.15,s.9.

(1) A person is not eligible to be nominated or to stand as a candidate for mayor or councillor, if he or she

(2) For the purpose of subsection (1), a person is deemed to have a controlling interest in a corporation if the person beneficially owns, directly or indirectly, or exercises control or direction over, shares of the corporation carrying more than 10% of the voting rights attached to all shares of the corporation for the time being outstanding. R.S.N.W.T. 1988, c.77(Supp.), s.2,3,4; S.N.W.T. 2010,c.16,Sch.A, s.27(2); S.N.W.T. 2011,c.8,s.17(5); S.N.W.T. 2011, c.15,s.11;

DETERMINING ORDINARY RESIDENCE

(1) For the purposes of this Act and to the extent that they apply, the rules set out in this section determine a person’s place of ordinary residence.

(2) A person’s place of ordinary residence is the place that he or she has adopted as his or her home, or the dwelling place to which, when the person is absent, he or she intends to return.

(3) A person can have only one place of ordinary residence, and a person who resides in more than one place shall elect a place of ordinary residence for the purposes of this Act.

(4) The place where a person’s spouse and children reside is deemed to be his or her place of ordinary residence, unless the person establishes or continues his or her ordinary residence in some other place with the intention of remaining there.

(5) A single person’s place of ordinary residence is the place where he or she normally resides, or to which he or she habitually returns, not having any other permanent dwelling place.

(6) A shelter, hostel or other similar place that provides lodging, food or other social services to a person who has no dwelling place is that person’s place of ordinary residence.

(7) The place of ordinary residence of a student who, while attending an educational institution, resides in accommodation away from the home of his or her spouse, or the home of the family members with whom he or she normally resides, is the place of ordinary residence of the spouse or those family members.

(8) The place of ordinary residence of a person incarcerated in a correctional institution is his or her place of ordinary residence before incarceration.

(9) A person does not lose his or her place of ordinary residence by leaving the electoral district for a period of six months or less if he or she demonstrates a clear intention to return to and reside in the electoral district after that period.

(10) A person who leaves the electoral district for a period exceeding six months for studies at an educational institution, for treatment at a hospital or other medical care facility, or because he or she is incarcerated, does not lose his or her place of ordinary residence

S.N.W.T. 2010,c.16,Sch.A,s.27(2),(3),(4); S.N.W.T. 2011,c.15,s.12.

(1) A municipal council shall cause the voters in the electoral district to be enumerated and a list of voters to be prepared in advance of the election.

(2) A District Education Authority may make use of a list of voters prepared by a municipal council where it is appropriate or cause the voters in the electoral district to be enumerated and a list of voters to be prepared in advance of the election.

(3) Sections 23 to 26 apply to a local authority that causes the voters in an electoral district to be enumerated and a list of voters to be prepared. S.N.W.T. 1995,c.28,s.154(6); S.N.W.T. 2011,c.8, s.17(7).

(1) A local authority shall appoint a person as registrar not later than 49 days before election day.

(2) The registrar shall cause a list of voters to be prepared

(3) The registrar may appoint persons as enumerators to compile the list of voters from information received by visiting each dwelling in the electoral district or from other sources of information.

(4) If a registrar is not appointed in accordance with subsection (1), the senior administrative officer shall perform the duties and exercise the powers of the registrar. S.N.W.T. 1997,c.5,s.4(8); S.N.W.T. 2011, c.15,s.13.

(1) The list of voters must contain the names of all voters in alphabetical order and, where required by the local authority, the class of each voter, including those voters who are

(2) The registrar shall cause the list of voters to be posted in at least five conspicuous places in the electoral district at least 30 days before election day or, where the list is prepared on a periodic or continuous basis, at such other times as the registrar considers appropriate.

(3) The returning officer may cause the list of voters to be incorporated into the voters’ register for use at voting stations on election day and at an advance vote. S.N.W.T. 1995,c.28,s.154(7).

(1) A voter may apply to the registrar to have the list of voters revised at least 10 days before election day on the grounds that

(2) After notifying in writing all persons likely to be affected by his or her decision and giving them an opportunity to make representations to him or her, the registrar may

and shall notify the persons concerned accordingly.

(1) A local authority shall appoint a person as returning officer.

(2) If a returning officer is not appointed in accordance with subsection (1),

S.N.W.T. 1995,c.28, s.154(8); S.N.W.T. 2011,c.8, s.17(8).

(1) In addition to performing the duties specified in this Act, a returning officer shall

(2) Where an election officer is absent, incapacitated or unable to act, the returning officer may appoint another person in his or her place.

(3) The returning officer may exercise and perform any or all of the powers or duties of a deputy returning officer and election clerk and, if no deputy returning officer is appointed, the returning officer shall perform the duties of the deputy returning officer.

(1) No candidate or member of the local authority shall be appointed or continue to act as an election officer.

(2) Every election officer shall, before assuming any duties, take an oath or affirmation in the prescribed form.

(1) A deputy returning officer is responsible for the conduct of the vote at a voting station.

(2) Where the returning officer is absent, incapacitated or unable to act, a deputy returning officer may exercise and perform any or all of the powers or duties of the returning officer.

(1) Every election officer shall, on advance voting day and on election day, act to conserve the peace and may

(2) A peace officer or bylaw officer shall assist a returning officer or deputy returning officer when requested to do so. S.N.W.T. 2006,c.23,s.7(8).

(1) In a city, town or village, a person may only be nominated for mayor or councillor, but not both.

(2) In a hamlet or charter community, a person may be nominated as a candidate for both mayor and councillor.

(3) If a person is nominated as a candidate for both mayor and councillor in a hamlet or charter community, separate nomination papers are required for each nomination.

(1) A councillor whose term of office does not expire in the year in which a general election is held must submit his or her resignation from the municipal council before notice of calling for nomination of candidates is given in order to be eligible to be a candidate for mayor.

(2) The resignation referred to in subsection (1) must be effective 21 days after the general election for the councillor of a hamlet or charter community that is not a municipal taxing authority. R.S.N.W.T. 1988, c.30(Supp.),s.11; S.N.W.T. 2011,c.8,s.17(9); S.N.W.T. 2011,c.15,s.15.

(1) A candidate must be nominated by

(2) Where a returning officer believes on reasonable grounds that a person nominated as a candidate is not eligible to be a candidate, the returning officer may, by written notice to the person and without delay, specify the grounds and require the person to make a declaration as to his or her eligibility in the form that the returning officer requires.

(3) The returning officer shall refuse to accept a nomination unless the declaration referred to in subsection (2) is filed with the returning officer before nominations close or, with special permission of the returning officer, within 48 hours after the time nominations close.

(4) Where the returning officer refuses to accept the nomination of a person as a candidate under subsection (3), that person shall not stand as a candidate.

(1) Nominations of candidates must be received by the returning officer between the date that notice of calling for nomination of candidates is given and 3 p.m. on the 28th day before election day.

(2) The date for the close of nominations set out in subsection (1) is extended for seven days where the number of candidates nominated for election is less than the number of persons required to be elected.

(3) The returning officer shall give public notice of the extension referred to in subsection (2). S.N.W.T. 2011,c.15,s.16.

(1) Any voter who believes that a candidate is not eligible to be a candidate may, within 72 hours after public notice of the names of the candidates is given, advise the returning officer in writing of the grounds for that belief.

(2) A returning officer who is advised of reasonable grounds for believing that a candidate is not eligible to be a candidate shall, without delay and by written notice delivered to the candidate, specify the grounds and require the candidate to make a declaration as to his or her eligibility in the form that the returning officer requires.

(3) A returning officer shall reject the nomination of a candidate unless the declaration referred to in subsection (2) is filed with the returning officer within 48 hours after the candidate receives the notice referred to in subsection (2).

(4) Where the returning officer rejects the nomination of a candidate under subsection (3), that person shall not stand as a candidate.

ACCLAMATIONS AND APPOINTMENTS

(1) The returning officer shall, 72 hours after public notice of the names of the candidates is given and after the resolution of any matter respecting eligibility arising under section 38 or 41, declare the nominated candidates duly elected, where the number of eligible candidates nominated to serve as members of a local authority does not exceed the number of persons required to be elected.

(2) Where

the returning officer shall publicly declare the candidate elected as mayor and not consider his or her nomination as a councillor.

(3) The returning officer shall send to each candidate declared elected a certificate of election in the prescribed form.

(1) Where there are still vacant positions on the local authority after the candidates have been declared elected under subsection 42(1), the local authority, composed of the candidates declared elected and any other members of the local authority, shall appoint a sufficient number of persons as members of the local authority to fill any remaining vacant positions.

(2) The persons appointed under subsection (1) must be eligible to be candidates.

(3) A member of a local authority who is appointed under subsection (1) is deemed to be duly elected and holds his or her office for one year only, at which time there must be an election to fill the vacancy for the balance of the term, if any. S.N.W.T. 2010,c.16,Sch.A,s.27(2).

(1) Where, at an election,

the positions must be allocated in accordance with this section.

(2) The candidates who have been declared elected under subsection 42(1) at an election referred to in subsection (1) shall decide among themselves who shall hold office for the terms of different length.

(3) Where the candidates fail to make a decision under subsection (2), the returning officer shall allocate the terms of office on a random basis.

(1) Where the number of candidates nominated to serve as members of a local authority exceeds the number of persons required to be elected, an election must be held.

(2) Where an election must be held, the returning officer shall, as soon as possible after the close of nominations, give public notice of the election in the prescribed form.

(1) Where more than the required number of candidates for members of a local authority are nominated, any person nominated may, within 48 hours after the close of nominations, withdraw his or her name as a candidate by filing written notice of withdrawal with the returning officer.

(1.1) A candidate who determines that he or she is not eligible to be nominated and stand as a candidate under section 18 may withdraw his or her name as a candidate by filing a written notice of withdrawal with the returning officer no later than

(1.2) Where a candidate dies after his or her nomination, the chief municipal electoral officer may, after making such inquiries as he or she considers necessary, withdraw the name of the candidate by filing a written order of withdrawal with the returning officer no later than

(2) Where a candidate withdraws and there remains a number of candidates equal to or less than the vacancies to be filled by the election, the returning officer shall declare the remaining candidates elected and cancel the election.

(3) Subsections 42(2) and (3) and sections 43 and 44 apply where an election has been cancelled under subsection (2). S.N.W.T. 2011,c.15,s.18.

(1) Where the office of a member of a local authority becomes vacant for any reason before the term of office expires, the local authority shall fill the vacancy at the next general election or before then by

(2) For the purposes of appointing a new mayor under paragraph (1)(a), the municipal council shall appoint only a member of the municipal council as the mayor.

(3) Subject to subsection (4), a person appointed under paragraph (1)(a) holds office until the date of the next general election.

(4) Where the vacancy occurs after nominations have closed but before the general election, a person appointed under paragraph (1)(a) holds office until the date of the following general election.

(5) A person elected at a by-election holds office for the balance of the term of his or her predecessor. S.N.W.T. 1997,c.5,s.4(10).

(1) In this section, "multiple dwelling site" means

(2) A person who controls access to a multiple dwelling site shall

S.N.W.T. 2011,c.15,s.19.

(1) A landlord, or a person acting on his or her behalf, shall not prohibit a tenant from displaying campaign materials on the premises to which the tenancy agreement or lease relates.

(2) A condominium corporation, or a person acting on its behalf, shall not prohibit the owner of a condominium unit from displaying campaign materials on the premises of his or her unit.

(3) Notwithstanding subsections (1) and (2), a landlord or condominium corporation may set reasonable conditions relating to the size or type of campaign materials that may be displayed on the premises, and may prohibit their display in common areas of the building or area in which the premises are located. S.N.W.T. 2011,c.15,s.19.

(1) No person shall post, erect or place campaign material within 25 m of a voting station.

(2) A returning officer may remove or order the removal of campaign material that is

S.N.W.T. 2011,c.15,s.19.

(1) Subject to subsection (2), on the day for an advance vote and on election day, no candidate or other person shall conduct any activity to promote or oppose the election of a candidate within 25 m of a voting station.

(2) Subsection (1) does not restrict a candidate or other person from transporting an elector to and from a voting station, but if campaign material is displayed on the vehicle the driver may only stop at the voting station long enough for the voter to exit or enter the vehicle.

(3) A returning officer or deputy returning officer may, on the day for an advance vote or on election day, require a person to refrain from conducting an activity within 25 m of a voting station that, in the opinion of the returning officer or deputy returning officer, promotes or opposes the election of a candidate. S.N.W.T. 2011,c.15,s.19.

(1) Within seven days after election day, a candidate shall remove all his or her campaign materials from public property.

(2) If campaign materials are not removed pursuant to subsection (1), the local authority may cause their removal and charge the expense to the candidate to whom they relate. S.N.W.T. 2011,c.15, s.19.

(1) A local authority that is a municipality may, by bylaw, establish disclosure requirements pertaining to campaign contributions.

(2) Bylaws made under subsection (1) must ensure that all candidates for the same office are subject to the same disclosure requirements pertaining to campaign contributions. S.N.W.T. 2011,c.15,s.19.

(1) Members of a local authority must be elected by the voters of the electoral district voting at large.

(2) Subsection (1) is subject to

(3) Voting at all elections must be by secret ballot. S.N.W.T. 2004,c.7,Sch.B,s.5(3); S.N.W.T. 2011,c.15,s.20.

(1) A ballot for an election must

(2) The names of candidates on a ballot must be listed in alphabetical order, unless the local authority authorizes a random listing.

(1) A local authority may authorize the use of photographs of candidates on a ballot and may establish standards for the photographs.

(2) A local authority may authorize the use of photographs of candidates on a placard and establish standards for the photographs and for the placards.

(3) A local authority that authorizes photographs of candidates on ballots and placards shall

(4) Where photographs of candidates have been authorized for use on placards or ballots, the returning officer shall cause the photographs to be posted in a conspicuous place at each voting station. R.S.N.W.T. 1988,c.77(Supp.),s.5; S.N.W.T. 2011,c.15,s.23.

MUNICIPAL VOTING ALTERNATIVES

(1) A local authority that is a municipality may, by bylaw, provide that in addition to the means of voting provided for in this Part, voting may be undertaken by

(2) Bylaws made under subsection (1) must prescribe procedures

S.N.W.T. 2011,c.15,s.24.

(1) A local authority that is a municipality may, by bylaw, provide for the counting of ballots at a voting station by means of vote counting machines.

(2) Bylaws made under subsection (1) must prescribe procedures

S.N.W.T. 2011,c.15,s.24.

(1) A person who

may obtain an application authorizing another voter in the electoral district to vote on his or her behalf as a proxy voter.

(2) A voter who requests an application under subsection (1) shall complete the application and have his or her proxy voter sign the application to indicate that he or she consents to act as a proxy voter.

(3) An application under subsection (1) must be completed in accordance with subsection (2) and submitted to the returning officer no later than 3:00 p.m. on the 5th day before election day. S.N.W.T. 2011,c.15,s.25.

(1) The election clerk shall enter in the voters’ register opposite the voter’s name, in addition to any other required entry, the fact that the voter voted by proxy together with the name of the proxy voter.

(2) The deputy returning officer shall transmit the declaration made under paragraph 56(b) to the returning officer.

(1) A returning officer may establish a mobile voting station to attend to those persons within the municipality who, by reason of disability or physical incapacity, are unable to leave their dwelling place to vote on election day or at an advance vote, and who do not wish to vote by proxy.

(2) On establishing a mobile voting station under subsection (1), the returning officer shall fix the day and the hours for conducting the vote of those voters referred to in subsection (1).

(3) A voter referred to in subsection (1) may request the returning officer to have a deputy returning officer attend to his or her dwelling place in order to take his or her vote on the day and during the time fixed by the returning officer.

(4) Where the returning officer is satisfied that a voter is disabled or physically incapacitated and unable to attend a voting station on election day or at an advance vote, the returning officer shall include the voter's name and address on a list arranged alphabetically.

(5) On completing the list referred to in subsection (4), the returning officer shall, in writing, advise each voter who has made a request whether it is accepted or rejected and provide reasons if it is rejected.

(6) Where the returning officer approves a request by a voter to vote at a mobile voting station, the returning officer shall, in writing, inform the voter of the date and approximate time when a deputy returning officer will attend at the voter's dwelling place to take his or her vote.

(7) The returning officer shall appoint a sufficient number of deputy returning officers to give full effect to this section.

(8) On the completion of the voting under this section, the ballot boxes used shall be sealed so as to prevent ballots from being added to or taken from them and they shall remain sealed and in the custody of the returning officer until opened for the counting of ballots at the close of voting on election day.

(9) The returning officer shall provide a list of the voters whose names have been placed on the list prepared under subsection (4) to each deputy returning officer.

(10) Every dwelling place where a vote is taken under this section is a voting station and the voting procedures shall, to the extent possible, follow the provisions of this Act. S.N.W.T. 1997,c.5, s.4(12); S.N.W.T. 2011,c.15,s.27.

(1) If an advance vote is to be held, the returning officer shall

(2) The returning officer shall give notice of the times and places at which a voting station will be open, before advance voting day, by

S.N.W.T. 2011,c.15,s.29.

(1) Before being entitled to vote at an advance vote, a voter shall make a declaration in the prescribed form.

(2) The deputy returning officer shall keep the declaration with the other election material.

(1) After the close of the advance vote, the ballot box must be sealed so as to prevent ballots from being added to or taken from the box and the box shall not be unsealed or opened until the close of the voting station on election day.

(2) The deputy returning officer shall, and any candidate or agent present who desires to do so may, affix a seal to the advance vote ballot box in such a manner that it cannot be opened or any ballot deposited in it or taken from it without breaking the seal.

(1) After the close of the advance vote, the deputy returning officer shall, without delay, forward to the returning officer the voters’ register at the advance vote.

(2) The returning officer shall notify each deputy returning officer of the names of each voter who voted in the advance vote.

(1) On election day, voting stations must be kept open

(2) When a voting station closes, the deputy returning officer shall

S.N.W.T. 2011,c.15,s.30.

(1) Subject to this section, a person who presents himself or herself at a voting station for the purpose of voting is entitled to vote at the election, if that person is eligible to vote and

(2) Any candidate, agent of a candidate, voter or deputy returning officer who suspects that a person intending to vote is not eligible to vote may request that the person make a declaration of eligibility in the prescribed form, notwithstanding that the name of the person appears on the list of voters.

(3) A person who refuses to make a declaration of eligibility, when requested to do so, shall not receive a ballot and shall not vote at that election.

(1) Subject to this section, a voter may vote once for each candidate of his or her choice.

(2) A person shall not be considered to have voted if he or she

(3) No person shall vote for more than the number of persons that are required to be elected as members of the local authority.

(4) Where in a hamlet or a charter community a candidate is nominated for both mayor and councillor, a voter may vote for the same person in each capacity for which that candidate is nominated.

(1) A voter shall mark his or her ballot by

opposite the name of the candidate of his or her choice.

(2) A ballot that is marked with more votes than the voter is entitled to make is void in respect of all candidates.

(1) During the time for voting, no person shall be present in a voting station other than

(2) A person who produces to the deputy returning officer written authority to represent a candidate as his or her agent at a voting station must be recognized as such by the deputy returning officer.

(1) The receipt of a ballot by a voter, within the voting station, is evidence that the voter was there and has voted.

(2) A person receiving a ballot who

forfeits his or her right to vote at that election. S.N.W.T. 2011,c.15,s.31.

(1) Where a voter is able to attend at a voting station but requires assistance in order to vote, the deputy returning officer or person authorized by the deputy returning officer shall assist the voter in accordance with section 16 of the Schedule or provide other assistance that is appropriate to enable the voter to vote.

(2) A voter who is blind, unable to read or understand the ballot, or otherwise disabled to such an extent that it prevents the person from casting a ballot, may have a person assist him or her in casting his or her ballot.

(3) Where a voting station is located in a hospital, nursing home, senior citizens home or other place where persons are confined, the deputy returning officer may

(1) Where it appears after counting the ballots that two or more candidates for any office have received the same number of votes, and if it is necessary to determine which candidate is elected, the returning officer shall

(2) Notwithstanding subsection (1), a local authority that is a municipality may, by bylaw, provide that a by-election must be held, within 14 days after election day, among those candidates who have registered the same number of votes in the circumstances described in that subsection. S.N.W.T. 2011,c.15,s.32.

(1) The returning officer shall, at the conclusion of the vote, publicly declare elected the appropriate number of candidates who received the greatest numbers of votes to fill the offices that were open for election.

(2) Where a candidate who has run for the offices of both mayor and councillor in a hamlet or charter community receives a greater number of votes for the office of mayor than any other candidate for that office, the returning officer shall publicly declare that candidate elected as mayor at the conclusion of the vote, and shall not consider any votes cast for him or her as councillor in the determination of the election of councillors. S.N.W.T. 2011,c.15,s.33.

(1) A local authority shall, in respect of an election, pay for all reasonable costs incurred on its behalf or by election officers performing their duties.

(2) Notwithstanding subsection (1), a local authority may provide, in an agreement made under paragraph 6(1)(b) or (c), for sharing or allocating the cost of any election held jointly or on behalf of the local authority.

(1) Three months after election day, the senior administrative officer, in respect of a municipal election, or a person designated by the local authority, in respect of any other election, shall destroy the ballots and election material contained in the sealed ballot box in the presence of two witnesses, unless he or she is aware that proceedings for a recount, an election petition or other relevant legal proceedings are pending.

(2) After the ballots and election material are destroyed, the person authorized to destroy the material shall make a declaration in the prescribed form specifying the date, time and place that the ballots and election material were destroyed.

(3) The two witnesses present when the ballots and election material were destroyed shall sign the declaration referred to in subsection (2). S.N.W.T. 1997,c.5,s.4(13); S.N.W.T. 2011,c.8,s.17(10); S.N.W.T. 2011,c.15,s.34.

(1) A candidate who disagrees with the results of the count of ballots may, within 72 hours after the close of the voting, apply in writing to the returning officer for a recount.

(2) On receipt of a request for a recount by a candidate, the returning officer shall conduct a recount if the returning officer is satisfied that there are reasonable grounds for recounting the ballots. S.N.W.T. 2011,c.15,s.36.

(1) Any voter may, within 14 days after the date on which the results of an election are declared by a returning officer, apply to a judge by originating notice for a recount of the ballots.

(2) An application may be brought for a recount notwithstanding that the returning officer has conducted a recount under section 80.

(3) If the judge is satisfied that there are reasonable grounds for recounting the ballots, the judge may appoint a time and place for the conduct of a recount.

(4) The judge may order the applicant to provide such security for costs as the judge considers appropriate in the circumstances.

(5) The applicant shall, at least seven days in advance, give notice of the date, time and place of the recount to those persons that the judge directs be notified and to the affected local authority. S.N.W.T. 2011,c.15,s.38.

(1) At the date, time and place appointed for a recount, the person responsible for the safekeeping of the election material shall attend before the judge with the ballot boxes and election material.

(2) After inspecting the ballots and election material and hearing the evidence that the judge considers necessary, the judge shall, in a summary manner, determine the results of the election.

(1) A returning officer who has reasonable grounds to believe that

shall notify the chief municipal electoral officer of his or her concerns in person, by telephone or by other means.

(2) A returning officer who has reasonable grounds to believe that a civil emergency or other extraordinary circumstances have rendered it impractical to conduct the election, shall notify the chief municipal electoral officer of his or her concerns in person, by telephone or by other means.

(3) On being notified of the concerns referred to in subsection (1) or (2), the chief municipal electoral officer may issue a direction suspending the election in whole or in part, and requiring that a new election be held or that a portion of the election be reconducted.

(4) A direction must be issued before the close of voting stations on election day. S.N.W.T. 1997, c.5, s.4(14); S.N.W.T. 2011,c.15,s.40.

(5) Repealed, S.N.W.T. 2011,c.15,s.40(2).

(1) A judge may, on the ex parte application of a returning officer,

where the judge is satisfied, by information on oath, of those matters referred to in subsection 86(1).

(2) The decision of a judge under subsection (1) is final.

(1) A voter or the local authority itself may question the validity of an election or the right of a person to sit as a member of a local authority in an election petition on any one or more of the following grounds:

(2) The petitioner must file the election petition with the Supreme Court no later than two months after election day.

(3) Notwithstanding subsection (2), an election petition questioning the right of a person to sit as a member of a local authority, on the grounds that the member has become disqualified from serving on the local authority, may be filed any time during the term of office of the member. S.N.W.T. 2011,c.15,s.41.

(1) A person whose election or right to sit as a member of a local authority is questioned by an election petition and any election officer of whose conduct a petitioner complains may be made a respondent to the election petition.

(2) Two or more candidates may be made respondents to the same election petition, and their cases may be tried at the same time, but for the purpose of the trial the election petition is deemed to be a separate election petition against each respondent. S.N.W.T. 2010,c.16,Sch.A,s.27(2).

(1) On the hearing of the application to withdraw an election petition, any voter who could have been a petitioner or the local authority itself may apply to be substituted as a petitioner, and the judge may, if he or she considers it appropriate, permit the substitution.

(2) Except as otherwise provided, a substituted petitioner shall, as nearly as possible, stand in the same position and be subject to the same liabilities as the original petitioner. S.N.W.T. 2011,c.15,s.44.

(1) An election petition is abated by the death of a sole petitioner or of the sole survivor of several petitioners.

(2) The abatement of an election petition does not affect the liability of any petitioner or of any person to the payment of costs previously incurred.

(1) The local authority shall give public notice of an abatement within 14 days after becoming aware of it.

(2) Within 30 days after public notice of the abatement is given, any voter who could have been a petitioner or the local authority itself may apply to a judge to be substituted as a petitioner and the judge may, if he or she considers it appropriate, permit the substitution.

(3) A judge may order a substituted petitioner to provide such security for costs as the judge considers appropriate in the circumstances. S.N.W.T. 2011,c.15, s.45.

(1) All costs, charges and expenses of, and incidental to, the presentation of an election petition, except as are otherwise provided, shall be defrayed by the parties to the election petition or by the local authority, in the manner and proportion that the judge determines.

(2) If the judge considers that, any costs, charges or expenses have been needlessly caused or caused by vexatious conduct or unfounded allegations or objections on the part either of the petitioner or of the respondent, the judge may order the costs, charges or expenses to be paid

(3) Before an order is made against a local authority, a summons to show cause why an order should not be made shall be served on the local authority, and if the order is made, the local authority is entitled to notice of the taxation of the costs. S.N.W.T. 2011,c.15,s.46.

(2) The following is deemed to be lawful, and the payment, offering, receipt or commission of them is not a major election offence:

S.N.W.T. 2010,c.16,Sch.A,s.27(5); S.N.W.T. 2011, c.15,s.48.

(1) Every person who is guilty of an offence under this Act is liable on summary conviction to a fine not exceeding $5,000 and, in default of payment, to imprisonment for a term not exceeding one year.

(2) A member of a local authority who is found guilty of committing an offence under this Act shall, in addition to the punishment under subsection (1), cease to hold office as a member of the local authority. S.N.W.T. 2011,c.15,s.53.

(1) At the hearing of a prosecution under this Act, oral evidence may be accepted in the place of any bylaw, voters’ register, list of voters, or other official document or record, or written proof of the authority of a returning officer or deputy returning officer.

(2) The certificate of the results of the election issued by the returning officer under paragraph 77(a) may be accepted as evidence of the fact that an election was held and that the candidates listed on it were candidates at the election. S.N.W.T. 2006, c.23, s.7(9).

(1) Immediately before the commencement of the vote, a deputy returning officer shall

(2) No person shall break the seal on the ballot box or unlock the ballot box during the time that the voting station is open. S.N.W.T. 2011,c.15,s.56(2).