Elections and Plebiscites Act

(1) For the purposes of this Act, the place of ordinary residence of a person is determined by the rules set out in this section to the extent that they apply.

(2) The place of ordinary residence of a person is the place that the person 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 it cannot be lost until another is gained.

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

(5) 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.

(6) 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.

(7) The place of ordinary residence of a person who is incarcerated in a correctional institution is the person’s place of ordinary residence before incarceration.

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

(9) A person who leaves the Northwest Territories 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

(1) The Commissioner, on the recommendation of the Legislative Assembly, shall appoint a Chief Electoral Officer as an independent officer of the Legislature.

(1.1) The Chief Electoral Officer is responsible for exercising the powers and performing the duties assigned to the Chief Electoral Officer under this Act.

(2) The Chief Electoral Officer holds office during good behaviour for a term commencing on the day of his or her appointment and expiring 18 months following the next general election.

(2.1) A person may be reappointed as Chief Electoral Officer for subsequent terms.

(3) Except in the case of resignation, suspension or removal, a person holding office as the Chief Electoral Officer continues to hold office after the expiry of his or her term of office until he or she is reappointed, a successor is appointed, or a period of six months has expired, whichever first occurs.

(4) The Chief Electoral Officer is not an employee in the public service.

(4.1) Before commencing the duties of office, the Chief Electoral Officer shall take an oath, administered by either the Speaker or Clerk of the Legislative Assembly, undertaking to faithfully and impartially exercise the powers and perform the duties of the Chief Electoral Officer and to not disclose any information received under this Act except in accordance with this Act.

(4.2) The form of oath required under subsection (4.1) shall be determined by the Speaker.

(5) The Chief Electoral Officer is entitled to rights, privileges and benefits, including remuneration and pension benefits, similar to the entitlements of Assistant Deputy Ministers.

(5.1) The Chief Electoral Officer is deemed an employee in the public service for the purpose of pension benefits.

(5.2) The Chief Electoral Officer is entitled to reimbursement for travel and other expenses incurred in the performance of the duties of the Chief Electoral Officer, similar to the types and rates set out in Government of the Northwest Territories policies and guidelines applicable to such expenses.

(6) Notwithstanding subsection (2), the Chief Electoral Officer holding office when that subsection comes into force, continues to hold office during good behaviour for a term that expires 18 months following the next general election. SNWT 2018,c.16,s.3; SNWT 2020,c.13,s.2(3),(4).

(1) The Chief Electoral Officer may, with the prior approval of the Speaker, hold another public office or carry on a trade, business or profession, but may not hold a position as an employee in the public service.

(2) The Chief Electoral Officer is not eligible to be nominated for election, to be elected or to sit as a member of the Legislative Assembly. SNWT 2020,c.13,s.2(5).

(1) The Chief Electoral Officer may resign at any time by notifying the Speaker in writing or, if the Speaker is absent or unable to act or the office of the Speaker is vacant, by so notifying the Clerk of the Legislative Assembly.

(2) The Commissioner, on the recommendation of the Legislative Assembly may, for cause or incapacity, suspend the Chief Electoral Officer with or without remuneration or remove the Chief Electoral Officer from office.

(3) If the Legislative Assembly is not sitting, the Speaker, on the recommendation of the Board of Management, may, for cause or incapacity, suspend the Chief Electoral Officer with or without remuneration, and the suspension remains in effect until the earliest of the following occurs:

SNWT 2020,c.13,s.2(6),(7),(8).

(1) If the Chief Electoral Officer is suspended or removed under subsection 6(2), the Commissioner, on the recommendation of the Legislative Assembly, shall appoint an acting Chief Electoral Officer to hold office until the earliest of the following occurs:

(2) If the Chief Electoral Officer is suspended under subsection 6(3), the Speaker, on the recommendation of the Board of Management, shall appoint an acting Chief Electoral Officer to hold office until the earliest of the following occurs:

(3) If the Chief Electoral Officer has resigned, the Speaker, on the recommendation of the Board of Management, may appoint an acting Chief Electoral Officer to hold office until a person is appointed as Chief Electoral Officer under subsection 5(1).

(4) The Deputy Chief Electoral Officer may be appointed as an acting Chief Electoral Officer under this section.

(5) Section 6 and subsections 7(1) to (3) apply with such modifications as the circumstances require to an acting Chief Electoral Officer appointed under this section.

(6) An appointment as acting Chief Electoral Officer does not preclude a person from subsequently being appointed as Chief Electoral Officer under subsection 5(1). SNWT 2020,c.13,s.2(9).

(1) The Chief Electoral Officer shall

(2) The Chief Electoral officer may

SNWT 2018,c.16,s.4.

(1) Subject to subsections (2) and (3), if the Chief Electoral Officer is of the opinion, during an election or plebiscite, that a mistake, miscalculation, emergency or unusual or unforeseen circumstance makes it necessary to adapt any of the provisions of this Act, he or she may, by written directive,

(2) The Chief Electoral Officer shall not permit a nomination paper to be received by a returning officer or other authorized person after 2 p.m. on the final date fixed for receiving nominations of candidates.

(3) The Chief Electoral Officer shall not permit a vote to be cast on polling day

(4) Notwithstanding paragraph (3)(b) and section 169, the Chief Electoral Officer may extend the voting hours at a polling station on polling day if

(5) If, under subsection (1), the Chief Electoral Officer extends voting hours in accordance with subsection (4), he or she shall not extend them so as to permit votes to be cast at the polling station for more than a total of 11 hours. SNWT 2014,c.29,s.3; SNWT 2018,c.16,s.5(2).

(1) The Chief Electoral Officer may test at a by-election the use of procedures and equipment that differ from the procedures and equipment required by this Act.

(2) If the Chief Electoral Officer decides to conduct a test under subsection (1), the Chief Electoral Officer shall publish on the website of the Office of the Chief Electoral Officer a description of the procedures and equipment that are to be used for the purposes of the by-election.

(3) A by-election held in accordance with the procedures and equipment referred to in this section is not invalid by reason of any non-compliance with any of the provisions of this Act.

(4) For greater certainty, if there is a conflict between this section and any other provision of this Act or a regulation made under this Act, this section prevails to the extent of that conflict and has the force of law with respect to the by-election. SNWT 2018,c.16,s.6.

(1) The Chief Electoral Officer may delegate to the Deputy Chief Electoral Officer, or to another person appointed by the Chief Electoral Officer under this Act, any of the powers or duties of the Chief Electoral Officer.

(2) A delegation under subsection (1) must be in writing.

(1) Notwithstanding the Public Service Act, the Chief Electoral Officer may appoint a Deputy Chief Electoral Officer.

(2) A Deputy Chief Electoral Officer

(3) A Deputy Chief Electoral Officer is an employee in the public service. SNWT 2020, c.13,s.2(10).

(1) The Chief Electoral Officer may employ any person whom the Chief Electoral Officer considers necessary for the effective and efficient operation of the Office of the Chief Electoral Officer.

(2) Persons employed under subsection (1) are employees in the public service to whom the Public Service Act applies.

(3) The Chief Electoral Officer may employ outside the public service such additional persons on a temporary or casual basis as the Chief Electoral Officer considers necessary to prepare for and conduct an election or plebiscite.

(4) Notwithstanding section 275, a person employed in the Office of the Chief Electoral Officer under subsection (1) shall take an oath, administered by the Chief Electoral Officer or their designate, undertaking to not disclose any information received by that person under this Act except in accordance with this Act.

(5) Notwithstanding section 275, the Chief Electoral Officer may require a person employed on a temporary or casual basis under subsection (3) to take an oath, administered by the Chief Electoral Officer or their designate, undertaking to not disclose any information received by that person under this Act except in accordance with this Act.

(6) The form of oaths required under this section shall be determined by the Speaker. SNWT 2020, c.13,s.2(11).

LIMITATION OF LIABILITY SNWT 2018,c.16,s.10.

(1) The following persons are not eligible for appointment as election officers:

(2) Repealed, SNWT 2010,c.15,s.4.

(3) A person is not eligible for appointment as an assistant returning officer or additional assistant returning officer if they are a parent, step-parent, spouse, natural or adopted child, stepchild, sibling or half-sibling of the returning officer who would be responsible for making the appointment.

(4) No person shall serve as an election officer knowing that he or she does not meet the requirements for eligibility set out in this section. SNWT 2010, c.15,s.4; SNWT 2022,c.15,s.3.

(1) On being appointed, a returning officer, assistant returning officer, deputy returning officer, poll clerk and enumerator shall take an oath or make an affirmation in the approved form.

(2) The returning officer for an electoral district where a person referred to in subsection (1) has been appointed to act, shall ensure that the oaths or affirmations are provided to the Chief Electoral Officer. SNWT 2010,c.15,s.5; SNWT 2018,c.16, s.11.

(1) Returning officers, assistant returning officers, deputy returning officers, poll clerks and enumerators are not employees in the public service.

(2) A returning officer, assistant returning officer, deputy returning officer, poll clerk or enumerator must be paid the prescribed fees and expenses for services provided under this Act. SNWT 2010,c.15,s.6; SNWT 2018,c.16,s.12.

RETURNING OFFICERS AND ASSISTANT RETURNING OFFICERS

(1) The Chief Electoral Officer shall appoint a returning officer for each electoral district.

(2) The Chief Electoral Officer shall, without delay, appoint a returning officer for each new electoral district after the enactment of the Act establishing the new electoral district.

(3) Repealed, SNWT 2018,c.16,s.13(1).

(4) Repealed, SNWT 2018,c.16,s.13(1).

(5) The Chief Electoral Officer may revoke the appointment of a returning officer who

(6) The Chief Electoral Officer shall appoint a returning officer for an electoral district in which the office of the returning officer becomes vacant

SNWT 2010,c.15,s.7; SNWT 2018,c.16,s.13.

(1) A returning officer or assistant returning officer for an electoral district shall, without delay, notify the Chief Electoral Officer if the returning officer is absent from the electoral district or is unable to act.

(2) An assistant returning officer for an electoral district shall, without delay, notify the Chief Electoral Officer of the death of the returning officer for that electoral district.

(1) If a returning officer for an electoral district is unable to act, the assistant returning officer shall assume the powers and duties of the returning officer, as if the assistant returning officer had been appointed as returning officer, until the returning officer is again able to act or until a new returning officer is appointed.

(2) If a returning officer for an electoral district dies, has his or her appointment revoked, or resigns the position of returning officer, the assistant returning officer shall assume the powers and duties of the returning officer, as if the assistant returning officer had been appointed as returning officer, until a new returning officer is appointed.

(3) An assistant returning officer who acts during an election or plebiscite as a returning officer under subsection (2) shall, in the approved form, appoint an assistant returning officer to act in his or her place.

(1) Repealed, SNWT 2018,c.16,s.15.

(2) On the request of the returning officer for an electoral district, the Chief Electoral Officer may designate one or more areas in that electoral district and authorize, in writing, the appointment of an additional assistant returning officer for each designated area.

(3) If authorized under subsection (2), a returning officer may appoint, in the approved form, an additional assistant returning officer for a designated area.

(4) Sections 22 and 23, and subsections 34(4) and (5) do not apply to an assistant returning officer for a designated area.

(5) The authority of an assistant returning officer for a designated area to exercise powers and perform duties set out in this Act or authorized under section 25, is limited to the designated area.

(1) Upon instruction from the Chief Electoral Officer, a returning officer shall, in the approved form, appoint a deputy returning officer for each polling station established in the electoral district.

(2) A returning officer may, in the approved form, appoint a deputy returning officer to assist in respect of a special voting opportunity.

(3) A returning officer may, in the approved form, appoint a deputy returning officer to assist with the conduct of a plebiscite, if such an appointment is required. SNWT 2014,c.29,s.4.

(1) Without delay after appointing deputy returning officers, a returning officer shall, in the approved form, appoint a poll clerk for each polling station.

(2) A returning officer may, in the approved form, appoint a poll clerk to assist in respect of a special voting opportunity.

(3) A returning officer may, in the approved form, appoint a poll clerk to assist with the conduct of a plebiscite, if such an appointment is required.

(1) If a deputy returning officer is unable to act, the poll clerk shall assume the powers and duties of the deputy returning officer, as if the poll clerk had been appointed as deputy returning officer, until the deputy returning officer is again able to act or until a new deputy returning officer is appointed.

(2) If a deputy returning officer dies, has his or her appointment revoked or resigns the position of deputy returning officer, the poll clerk shall assume the powers and duties of the deputy returning officer, as if the poll clerk had been appointed as deputy returning officer, until a new deputy returning officer is appointed.

(3) A poll clerk who acts as deputy returning officer under subsection (2) shall, in the approved form, appoint a poll clerk to act in his or her place.

(1) Without delay after being notified of an enumeration under paragraph 56(3)(a), a returning officer shall, in the approved form, appoint an enumerator for each polling division in the electoral district.

(2) If possible, a returning officer shall appoint as enumerator a person who resides in the polling division for which the appointment is being made.

(3) An enumerator shall, in the performance of his or her duties, follow the directions of the returning officer.

(4) If the appointment of an enumerator is revoked, he or she shall, without delay, on receiving written notice from the returning officer of the revocation, remit to the returning officer or to another person named by the returning officer, all documents obtained or prepared in respect of the enumeration.

(1) A returning officer shall, in the approved form,

(2) A returning officer shall transmit a copy of each list prepared under subsection (1) to the Chief Electoral Officer.

(3) A person may inspect a list prepared under paragraph (1)(b) at any reasonable time.

OFFICE OF THE RETURNING OFFICER

(1) A returning officer shall, without delay on receipt of instructions issued by the Chief Electoral Officer, open an office at a convenient place in the electoral district where electors may have access to the returning officer.

(2) A returning officer shall

(3) Notwithstanding subsection (1), if a community is divided into two or more electoral districts, a returning officer may, with the approval of the Chief Electoral Officer, open an office at a place in the community that is outside the electoral district of the returning officer instead of at a place in that electoral district.

(4) On the final day for receiving nominations, the returning officer and assistant returning officer shall, between 10 a.m. and 2 p.m., both be present at the principal place fixed in the proclamation for receiving nominations.

(5) A returning officer shall ensure that either the returning officer or the assistant returning officer is on duty in the office of the returning officer at all times during the hours that the polls are open.

(1) If an assistant returning officer is appointed for a designated area, the returning officer for the electoral district where the designated area is located may open an additional office in that designated area.

(2) A returning officer shall operate an additional office in accordance with instructions issued by the Chief Electoral Officer.

(1) A person is qualified as an elector for the purposes of an election if he or she

(2) A person is qualified as an elector for the purposes of voting on a plebiscite if he or she

(3) Repealed, SNWT 2010,c.15,s.8.

(4) A person who has not attained the age of 18 years on the day of the issue of a writ of election, but who will attain that age on or before polling day for the election, is deemed, for the purposes of this Act, to have attained the age of 18 years on the day the writ is issued.

(5) A person who has not attained the age of 18 years on the day of the issue of a plebiscite proclamation, but who will attain that age on or before polling day for the plebiscite, is deemed, for the purposes of this Act, to have attained the age of 18 years on the day the plebiscite proclamation is issued.

(6) A person who has not been ordinarily resident in the Northwest Territories for a period of at least six months on the day of the issue of a writ of election, but who will be ordinarily resident for that period on or before polling day for the election, is deemed, for the purposes of this Act, to have been ordinarily resident in the Northwest Territories for a period of six months on the day the writ is issued.

(7) A person who has not been ordinarily resident in the Northwest Territories for a period of at least six months on the day of the issue of a plebiscite proclamation, but who will be ordinarily resident for that period on or before polling day for the plebiscite, is deemed, for the purposes of this Act, to have been ordinarily resident in the Northwest Territories for a period of six months on the day the plebiscite proclamation is issued. SNWT 2010,c.15,s.8; SNWT 2016,c.9,s.3(2),(3); SNWT 2018,c.16, s.17.

(1) Subject to this Act, an elector is entitled

(2) For greater certainty, subsection (1) applies in respect of a person who becomes a Canadian citizen on or before polling day.

(3) A person is not entitled to vote at a general election unless he or she is ordinarily resident in the Northwest Territories on the day he or she casts a vote.

(4) A person is not entitled to vote at a by-election unless he or she is ordinarily resident in the relevant electoral district on the day he or she casts a vote.

(5) A person is not entitled to vote on a plebiscite unless he or she is ordinarily resident in the plebiscite district on the day he or she votes.

PART 4 ORDER, WRIT OF ELECTION AND PROCLAMATION FOR ELECTION

(1) An election must be instituted by a writ of election in the prescribed form, issued by the Chief Electoral Officer on instructions provided by order of the Commissioner.

(2) The Commissioner shall, in an order referred to in subsection (1),

(3) The day fixed under paragraph (2)(b) as the day on which the writ of election is to be issued may be a holiday.

(4) For a general election, the day fixed under each of paragraphs (2)(b) to (d) must be the same for all electoral districts.

(5) Subject to the power of the Commissioner to dissolve the Legislative Assembly under subsection 11(1) of the Northwest Territories Act (Canada), polling day for a general election must be the first Tuesday in October in the fourth calendar year following polling day for the last general election.

(5.1) Repealed, SNWT 2018,c.16,s.20.

(6) If a poll is to be held on a day other than that set out in subsection (5), the day fixed for holding the poll must also be a Tuesday.

(7) Notwithstanding subsections (5) and (6), if the Tuesday of the week in which a poll is to be held is a holiday, polling day for the election must be Wednesday of that same week.

(8) If polling day for an election is a Wednesday, the provisions of this Act requiring anything to be done on a specified day or within a specified period of time, before or after polling day, apply as if polling day were a Tuesday. SNWT 2014,c.10,s.6(3); SNWT 2015, c.25,s.18; SNWT 2018,c.16, s.18,19,20.

(1) On issuing a writ of election, the Chief Electoral Officer shall forward it without delay to the returning officer for the electoral district in which the election is to be held.

(2) Writs of election for a general election must be dated on the same day.

(3) A writ of election is deemed to have been issued on the day fixed by the Commissioner under paragraph 39(2)(b).

(1) If a writ of election has been issued ordering a by-election to be held on a day after the dissolution of the Legislative Assembly, the writ is deemed to be revoked on dissolution of the Legislative Assembly and the election for that electoral district is to be instituted as part of the general election.

(2) The Chief Electoral Officer shall, without delay after a deemed revocation of a writ of election for a by-election,

(3) A returning officer to whom a notice of revocation is forwarded under paragraph (2)(b) shall, without delay, ensure that a copy of the notice is posted in a conspicuous place in each community in the electoral district of the returning officer.

(1) The Commissioner may order the withdrawal of a writ of election for any electoral district for which the Chief Electoral Officer certifies that it is impracticable to carry out the provisions of this Act because of flood, fire or other disaster.

(2) The Chief Electoral Officer shall, without delay after an order withdrawing a writ of election is made under subsection (1),

(3) A returning officer to whom a notice of withdrawal is forwarded under paragraph (2)(b) shall, without delay, ensure that a copy of the notice is posted in a conspicuous place in each community in the electoral district of the returning officer.

(4) If a writ of election is withdrawn under this section, an election must be instituted for the electoral district under subsection 39(1) within three months after the day of publication of the notice of withdrawal in the Northwest Territories Gazette.

(1) Without delay and no later than two days after a returning officer has been notified by the Chief Electoral Officer of the issue of a writ of election, the returning officer shall issue a proclamation for the election in the prescribed form indicating

(2) A returning officer shall ensure that at least one copy of the proclamation is posted in a conspicuous place in each community in the electoral district, within two days after he or she has been notified by the Chief Electoral Officer of the issue of the writ of election.

(3) A returning officer does not contravene this section if he or she

AND PLEBISCITE PROCLAMATION

(1) The Commissioner, on the recommendation of the Legislative Assembly may, by order, direct that a plebiscite be held on any question that is of importance to the people of the Northwest Territories or to the people of one or more electoral districts.

(2) A plebiscite direction must

(3) Subject to subsection (4), polling day for a plebiscite must be a Tuesday.

(4) If the Tuesday of the week in which a plebiscite is to be held is a holiday, polling day for the plebiscite must be Wednesday of that same week.

(5) If polling day for a plebiscite is a Wednesday, the provisions of this Act requiring anything to be done on a specified day or within a specified period of time, before or after polling day, apply as if polling day were a Tuesday. SNWT 2018,c.16,s.19.

(1) If the Chief Electoral Officer advises that it would be impracticable to hold a plebiscite in a plebiscite district, or in an electoral district in the plebiscite district, on the day fixed in the plebiscite direction, the Commissioner may, by order, amend the direction to fix a new day on which the plebiscite is to be held in the plebiscite district or in the electoral district.

(2) An amendment may be made under subsection

(1) whether or not the Chief Electoral Officer has issued a plebiscite proclamation.

(3) The new day fixed in an amended plebiscite direction must be within 30 days after the day fixed in the original order.

(1) The Commissioner may repeal a plebiscite direction and no plebiscite shall be held if the Commissioner is of the opinion that the plebiscite question is no longer of importance to the people of the Northwest Territories or to the people of the plebiscite district.

(2) A plebiscite direction may be repealed under subsection (1) whether or not the Chief Electoral Officer has issued a plebiscite proclamation.

(1) The Chief Electoral Officer shall

(2) If polling day for a plebiscite is to be the same as polling day for an election, the plebiscite proclamation is deemed to have been issued on the date of issue of the writ of election.

(3) On issuing a plebiscite proclamation, the Chief Electoral Officer shall forward it without delay to the returning officers for the plebiscite district.

(1) A returning officer to whom a plebiscite proclamation is forwarded shall, without delay on receipt of the plebiscite proclamation or on notification by the Chief Electoral Officer of its issue, ensure that the proceedings necessary for holding the plebiscite are taken promptly.

(2) Without delay and no later than two days after receipt of a plebiscite proclamation, a returning officer shall issue a public notice, in the approved form, indicating

(3) A returning officer shall ensure that at least one copy of the public notice for a plebiscite is posted in a conspicuous place in each community in the electoral district, within two days after he or she receives a copy of the plebiscite proclamation.

(4) A returning officer does not contravene this section if he or she

(1) If the Chief Electoral Officer considers at any time that a revision of the boundaries of the polling divisions in an electoral district is necessary, or that the number of polling divisions should be increased or decreased, he or she shall issue instructions to the returning officer for the electoral district to carry out a revision before the date fixed by the Chief Electoral Officer.

(2) In carrying out a revision of polling divisions, a returning officer shall give consideration to the polling divisions established by municipalities for municipal elections and to geographical and other factors that may affect the convenience of the electors in casting their votes.

(1) The Chief Electoral Officer shall maintain, and periodically update, a register of electors from which lists of electors for the polling divisions for each electoral district may be compiled for use at elections and plebiscites held under this Act.

(2) Subject to subsection (3), the register of electors may only include the following information respecting an elector:

(3) The register of electors may include information on whether, under the Education Act, the elector supports the education district, the public denominational education district, or both districts, if

(4) The register of electors may be updated from

(5) Information that is obtained under this Act in respect of an elector’s gender or date of birth may only be used

(6) Information that is obtained under this Act in respect of support by an elector for an education district may only be used

(7) The Chief Electoral Officer shall maintain the register of electors in a format that enables a list of electors for a polling division or an electoral district to be extracted for publication in the form, at the time and in the manner that may be required for a general election or by-election.

(8) The register of electors required to be maintained by this section may be recorded by a system of electronic data processing or another information storage device that is capable of reproducing required information in intelligible written form within a reasonable time.

(9) For greater certainty, the reference to the use of information relating to the gender of an elector in this section

SNWT 2014,c.19,s.3; SNWT 2018,c.16,s.21; SNWT 2022,c.15,s.4.

(1) On request, a person is entitled to examine any information in the register of electors that pertains to him or her to determine the accuracy of the information and to have inaccurate information corrected.

(2) For the purpose of subsection (1), the Chief Electoral Officer may determine the manner in which information in the register of electors may be examined. SNWT 2014,c.19,s.3.

(1) The Chief Electoral Officer may enter into an agreement with the Chief Electoral Officer for Canada

(2) The Chief Electoral Officer may enter into an agreement with an aboriginal government or a municipal corporation,

(2.1) The Chief Electoral Officer may enter into an agreement with any person, government or organization to receive from that entity any information that will assist in maintaining or updating the register of electors, including information listed under subsection 54(2), and mapping or geographic information, including geospatial information.

(3) The Chief Electoral Officer may, for the purpose of ensuring the protection of personal information given under an agreement made under paragraph (1)(b) or (2)(b) or subsection (2.1), include in the agreement any conditions that he or she considers appropriate regarding the use that may be made of that information. SNWT 2011,c.8,s.10; SNWT 2018, c.16,s.23; SNWT 2020,c.14,s.5(2).

(01) In this section, "public body" means

(1) For the purposes of subsection (1.1), persons meet specified criteria if they

(1.1) To enable compilation of the register of electors, on the request of the Chief Electoral Officer,

(2) Subsection (1.1) applies notwithstanding the Access to Information and Protection of Privacy Act and the Health Information Act. SNWT 2010,c.15,s.9; SNWT 2014,c.19,s.4; SNWT 2014,c.2,s.199; SNWT 2022,c.15,s.5.

(1) In this section, "future elector" means an individual who is between 16 and 17 years of age.

(2) The Chief Electoral Officer shall maintain, and periodically update, a register of future electors for engaging future electors in the electoral process.

(3) Subject to subsection (3), the register of future electors may only include the following information:

(4) Information that is obtained under this Act in respect of a future elector’s gender or date of birth may only be used

(5) When the future elector reaches 18 years of age, the Chief Electoral Officer shall transfer the personal information of the future elector to the register of electors. SNWT 2022,c.15,s.6.

(1) The Chief Electoral Officer may, at any time he or she considers advisable, direct that an enumeration be conducted in any electoral district to update information in the register of electors.

(2) On ordering that an enumeration be conducted, the Chief Electoral Officer shall designate the period during which the enumeration is to take place.

(3) The Chief Electoral Officer shall

(1) An enumerator shall, in accordance with instructions issued by the Chief Electoral Officer and directions given by the returning officer, enumerate the persons who are entitled to have their names included on the list of electors for the polling division for which the enumerator is appointed.

(2) An enumerator shall attempt to collect the information referred to in subsections 54(2) and (3) in respect of each elector.

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

(2) No person to whom an enumerator produces an identification document issued by the Chief Electoral Officer shall obstruct or interfere with, or cause or permit another person to obstruct or interfere with an enumerator’s access to residential units in a multiple dwelling site between 9 a.m. and 8 p.m.

(1) A person may apply to a returning officer to have his or her name, or the name of a family member ordinarily resident with the person, added to the list of electors for a polling division.

(2) If, on hearing an application under subsection (1), the returning officer is satisfied that the applicant or family member is an elector and is entitled, under paragraph 38(1)(a), to have his or her name included on the list of electors, the returning officer shall indicate on a statement of changes that the name of the applicant or family member should be added.

(3) If, on hearing an application under subsection (1), the returning officer decides that the name of the applicant or family member should not be included on the list of electors, the returning officer shall indicate that decision in the approved form and provide a copy to the applicant and family member, if applicable. SNWT 2018,c.16, s.26.

(1) Any person may, at any time, make representations to a returning officer that the name of a person should be removed from the list of electors for a polling division because the person named on the list is not entitled, under paragraph 38(1)(a), to have his or her name included.

(2) If, on hearing representations made under subsection (1), the returning officer is satisfied that the representations are credible and establish that a person named on the list of electors for a polling division is not entitled to have his or her name included, the returning officer shall indicate on a statement of changes that the name of the person should be removed. SNWT 2018,c.16, s.27.

(1) A returning officer who has prepared a statement of changes under subsection 69(2) or section 69.1 shall, from time to time, prepare and update a record listing the persons whose names may be removed under those provisions, and shall ensure that the updated record is posted on the website of the Office of the Chief Electoral Officer and in a conspicuous place in each community in the electoral district of the returning officer.

(2) Any person may make representations to a returning officer that the name of a person that is included in the record should not be removed from the list of electors for the polling division.

(3) If, on hearing representations made under subsection (2), the returning officer is satisfied that the representations are credible and establish that the name of the person to be removed should be included on the list of electors for a polling division, the returning officer

(4) If, on hearing representations made under subsection (2), the returning officer is satisfied that the representations do not establish that the name of the person to be removed should be on the list of electors for a polling division, the returning officer shall indicate that decision in the approved form and provide a copy to the person who made the representations. SNWT 2018,c.16, s.27.

(1) Any person may, at any time, make representations to a returning officer that the name or address of an elector included on a list of electors for a polling division is recorded inaccurately and should be corrected.

(2) If, on hearing representations made under subsection (1), the returning officer is satisfied that the representations are credible and that the name or address of an elector included on the list of electors should be corrected, the returning officer shall indicate that on a statement of changes.

(3) If the returning officer is not satisfied that changes to the name or address of a person who makes representations on his or her own behalf under subsection (1) should be made, the returning officer shall indicate that decision in the approved form and provide a copy to the person. SNWT 2014,c.19,s.8; SNWT 2018,c.16,s.28.

(1) A returning officer who has prepared a statement of changes under section 68, 69.1 or 70 shall, without delay, submit the statement to the Chief Electoral Officer.

(2) A returning officer who has prepared a statement of changes under section 69 or 69.2 shall, without delay, submit the statement to the Chief Electoral Officer if

SNWT 2018,c.16,s.29.

(1) An applicant or a family member who is the subject of an application referred to in subsection 68(1), and who is dissatisfied with a decision of the returning officer under subsection 68(3) may, in the approved form, appeal the decision to the Chief Electoral Officer within 15 days after receiving a copy of the decision under subsection 68(3).

(1.1) A person referred to in subsection 69.2(2) who is dissatisfied with a decision of the returning officer under subsection 69.2(4) may, in the approved form, appeal the decision to the Chief Electoral Officer within 15 days after receiving a copy of the decision under subsection 69.2(4).

(2) A person who makes representations on his or her own behalf under subsection 70(1), and who is dissatisfied with a decision of the returning officer under subsection 70(3) may, in the approved form, appeal the decision to the Chief Electoral Officer.

(2.1) An appeal under subsection (2) may be made up to five days before polling day, or such other period of time as the Chief Electoral Officer deems appropriate.

(3) The Chief Electoral Officer shall, without delay after receiving an appeal under subsection (1),

(1.1) or (2),

SNWT 2014,c.19,s.9; SNWT 2018,c.16,s.30.

LISTS OF ELECTORS SNWT 2018,c.16,s.31.

(1) A returning officer shall provide a copy of the list of electors for each polling division in the electoral district to the official agent for each candidate for the electoral district.

(2) No person shall, except for the purposes of the election, copy a list of electors provided under subsection (1).

(3) An official agent shall comply with any instructions provided by the returning officer in respect of the return or disposal of copies of lists of electors. SNWT 2018,c.16,s.5.

(1) Subject to this section and paragraphs 55(1)(b) and (2)(b), a person shall not use information contained in the register of electors, a statement of changes or a list of electors for a purpose other than an election or plebiscite conducted under this Act.

(2) The Chief Electoral Officer may disclose information derived from the register of electors to

(3) A person to whom information is disclosed under subsection (2) shall not use that information other than for the purposes of communicating with or identifying their constituents. SNWT 2018, c.16,s.5(1),32; SNWT 2022,c.15,s.8.

(1) Subject to this section, a person is eligible to be a candidate if he or she

(2) Repealed, SNWT 2010,c.15,s.11(1).

(3) Repealed, SNWT 2010,c.15,s.11(1).

(4) A person is not eligible to be a candidate while he or she

SNWT 2010,c.15,s.11; SNWT 2014,c.19,s.10.

(1) Any 15 or more electors who are ordinarily resident in an electoral district in which an election is to be held may, in a nomination paper, nominate a person to be a candidate for that electoral district.

(2) A person who collects signatures of electors for a nomination paper must

(1) Repealed, SNWT 2018,c.16,s.35.

(2) A person who is nominated to be a candidate and who wishes to be a candidate shall, at any time between the issue of a writ of election and 2 p.m. on Friday, the 25th day before polling day for the election, file or have his or her official agent file, with the returning officer or other authorized person,

SNWT 2018,c.16,s.35,36.

(1) A returning officer or other authorized person who receives a nomination paper shall accept it if

(2) On accepting a nomination paper and deposit, the returning officer or other authorized person shall give a receipt to the person paying the deposit and the receipt is proof that the nomination paper and deposit are accepted, and that the person nominated to be a candidate is a candidate.

(3) A returning officer or other authorized person shall not receive a nomination paper or a deposit after 2 p.m. on the final day fixed for receiving nominations of candidates. SNWT 2018,c.16,s.36.

(1) A person who is nominated to be a candidate and who wishes to have his or her photograph filed with the nomination paper and reproduced on the ballot, shall

(2) In a photograph referred to in subsection (1), the person’s head must be uncovered unless his or her religion requires him or her to wear head apparel, or his or her head is covered because of a medical condition.

(3) A returning officer shall refuse to file a photograph of a candidate if the requirements set out in this section are not complied with.

(1) A person who is nominated to be a candidate and who wishes to be a candidate, shall

(2) A person shall not sign a nomination paper consenting to be a candidate for more than one electoral district for the same election.

(3) If a person signs a nomination paper consenting to be a candidate for more than one electoral district for the same election, all the nominations for that person are void.

(1) A person who is nominated to be a candidate and who wishes to be a candidate shall, in the nomination paper, appoint a person to act as his or her official agent.

(2) A person who consents to be appointed to act as the official agent of a candidate shall indicate that consent by signing the nomination paper before a person who witnesses the signature.

(3) A person is not eligible to act as an official agent if he or she

(1) In the event of the death, incapacity, resignation or revocation of the appointment of an official agent, the candidate shall, without delay, appoint a new official agent.

(2) A candidate who appoints a new official agent shall, in writing, inform the returning officer for the electoral district of the name and residential address of the new official agent.

(1) A deposit of $200 in legal tender, money order or certified cheque, payable to the Government of the Northwest Territories, must be provided to the returning officer or other authorized person with the nomination paper.

(2) The returning officer or other authorized person shall not accept or issue a receipt for the deposit unless, on review of the nomination paper, it appears that the requirements of section 80 have been met.

(1) The returning officer shall forward all accepted deposits to the Chief Electoral Officer for deposit in the Consolidated Revenue Fund.

(2) A deposit must be returned

(3) Except in the cases referred to in subsection (2), a deposit belongs to the Government of the Northwest Territories. SNWT 2014,c.29,s.5; SNWT 2022,c.15,s.10.

(1) With the prior approval of the Chief Electoral Officer, a returning officer may, in the approved form, delegate to a person in a community the power of the returning officer to receive and accept nominations of candidates in that community.

(2) A person to whom the power of the returning officer to receive and accept nominations is delegated

(1) A candidate may withdraw at any time before 5 p.m. on Friday, the 25th day before polling day for the election by filing, in person with the returning officer or other authorized person, a declaration in respect of the withdrawal signed by the candidate and witnessed by two electors who are ordinarily resident in the electoral district for which the candidate was nominated.

(2) The deposit of a candidate who withdraws is not refundable. SNWT 2018,c.16,s.36.

(1) If there is more than one candidate at 5 p.m. on Friday, the 25th day before polling day for the election, a returning officer shall, without delay and in the approved form, grant a poll for taking the votes of the electors.

(2) Within two days after the day on which the poll is granted, the returning officer shall, by the most expeditious means available to him or her, forward a copy of the notice of grant of a poll in the approved form to

(3) The notice of grant of a poll must contain

(4) A returning officer may, instead of providing a description of the boundaries of each polling division, attach to the notice of grant of a poll a map setting out the boundaries.

(5) A returning officer shall ensure that the notice of grant of a poll is posted in a conspicuous place in each community in the electoral district, and shall ensure that it is maintained there until the close of the poll on polling day for the election. SNWT 2014, c.19,s.11; SNWT 2018,c.16,s.36; SNWT 2022, c.15,s.9.

(1) If a candidate dies after 5 p.m. on Friday, the 25th day before polling day for the election and before the close of the poll, the returning officer shall, after consulting with the Chief Electoral Officer, issue a further proclamation indicating

(2) A new proclamation must be posted without delay in a conspicuous place in each community in the electoral district.

(3) In an electoral district where the death of a candidate results in the issue of a new proclamation, the other candidates continue as candidates.

(4) The lists of electors referred to in section 73 are to be used at an election held on a new day.

(5) A returning officer shall include in the report of his or her proceedings to the Chief Electoral Officer, required under paragraph 205(a), full particulars in respect of any action taken under this section. SNWT 2018,c.16,s.36,37.

(1) A landlord, or a person acting on his or her behalf, shall not prohibit a tenant from displaying campaign advertising 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 advertising 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 advertising 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. SNWT 2014,c.19,s.12; SNWT 2014,c.29,s.6.

(1) A person, association or organization shall not sponsor, transmit or conduct campaign advertising unless the advertising identifies the name of the sponsor, indicates that it was authorized by the identified sponsor and gives a telephone number at which the sponsor may be contacted regarding the advertising in the applicable format as follows:

(2) Subsection (1) does not apply to any class of campaign advertising that

(3) Where the sponsor is a numbered corporation or an unincorporated association or organization,

(4) For the purposes of subsection (1), a sponsor of campaign advertising shall

(5) On the request of the Chief Electoral Officer, an individual identified as a sponsor, or as a director, principal officer or principal member of a corporation, association or organization identified as a sponsor, under this section shall file with the Chief Electoral Officer a declaration that the identified sponsor is in fact the sponsor and that the sponsor has not contravened section 101.1 or this section.

(6) The Chief Electoral Officer, or a person acting on the instructions of the Chief Electoral Officer, may, in respect of any campaign advertising that does not meet the requirements of this section,

SNWT 2014,c.29,s.7.

(1) No person, association or organization shall conduct campaign advertising, or post, display or disseminate any material that identifies a candidate, within 25 m of a polling station or the office of the returning officer.

(2) A person who posts, erects or places an item of campaign advertising on public property shall remove it within 14 days after polling day.

(3) A returning officer may remove or order the removal of an item of campaign advertising, or any material that identifies a candidate, that is

SNWT 2014,c.29,s.7.

(1) Subject to subsection (2), on polling day no person, association or organization shall conduct any activity to promote or oppose, directly or indirectly, a person’s candidacy or election within 25 m of a polling station.

(2) Subsection (1) does not restrict a person, association or organization from transporting an elector to and from a polling station, but if an item of campaign advertising is displayed on the vehicle the driver may only stop at the polling station long enough for the elector to exit or enter the vehicle.

(3) A returning officer or deputy returning officer may, on polling day, require a person, association or organization to refrain from conducting an activity within 25 m of a polling station that, in the opinion of the returning officer or deputy returning officer, promotes or opposes, directly or indirectly, a person’s candidacy or election. SNWT 2014,c.29,s.7.

(1) A returning officer shall establish one or more polling stations in each polling division in the electoral district, in premises that provide ease of access to electors.

(2) A returning officer shall, if possible, locate a polling station in a school or other suitable public building, and shall locate the polling station at a place in the building that provides ease of access to electors, including disabled electors.

(3) Notwithstanding subsection (1), if a returning officer is unable to secure suitable premises to be used as a polling station in a polling division, the returning officer may establish the polling station in an adjacent polling division in the same electoral district.

(4) Notwithstanding subsection (1), if a community is divided into two or more electoral districts, a returning officer may, with the approval of the Chief Electoral Officer, establish one or more of the polling stations for the electoral district at a place in the community that is outside the electoral district of the returning officer, instead of at a place in that electoral district.

(1) If the Chief Electoral Officer determines that it would be advisable to divide the list of electors for a polling division into two or more parts, the returning officer shall

(2) Repealed, SNWT 2018,c.16,s.38(2).

(3) The returning officer shall ensure that the name of each elector on the list of electors is included on a part of the divided list.

(4) A polling station established under paragraph (1)(b) must be designated by the number of the polling division, to which shall be added letters representing the range of surnames of electors included on the part of the list of electors for which the polling station is established.

(5) Before supplying each part of the divided list of electors to the deputy returning officer for the polling station to which it relates, the returning officer shall append to the part a special certificate, in the approved form, attesting that it is correct. SNWT 2018,c.16,s.5(2),38.

(1) Subject to subsection (2), a returning officer may, if he or she considers it advisable, establish a central polling place where the polling stations of any or all of the polling divisions of an electoral district may be centralized.

(2) A central polling place may only be composed of more than 10 polling divisions with the approval of the Chief Electoral Officer.

(3) On the establishment of a central polling place in which three or more polling stations are centralized, the returning officer may

(4) A returning officer who designates a supervisor under paragraph (3)(a) shall determine the duties of the supervisor and instruct him or her in respect of those duties.

(5) A returning officer who appoints a deputy returning officer under paragraph (3)(c) shall determine the powers and duties of the deputy returning officer and instruct him or her in respect of those powers and duties. SNWT 2014,c.19,s.13; SNWT 2018,c.16,s.5(2).

(1) This section does not apply in respect of absentee ballots.

(2) Ballots for an election or plebiscite must be in the prescribed form.

(3) A ballot for an election must

(4) Each ballot for an election or plebiscite must

(5) Ballots for an election or plebiscite must bear the name of the printer who shall, on delivering them to the Chief Electoral Officer, provide an affidavit, in the approved form, setting out

(1) Absentee ballots must be in the prescribed form.

(2) An absentee ballot for an election must have a blank space in which an elector may write or print the name of a candidate for whom he or she casts a vote.

(3) An absentee ballot must have a counterfoil with a line of perforations between the ballot and the counterfoil.

(4) The counterfoil of each absentee ballot must be numbered. SNWT 2014,c.19,s.15.

(1) At least two days before polling day, a returning officer shall supply each deputy returning officer in the electoral district with

(2) Repealed, SNWT 2018,c.16,s.39(2).

(3) A deputy returning officer shall keep all supplies, forms and other materials delivered to him or her carefully secured, and shall take precautions to ensure their safekeeping and to prevent any person from having unlawful access to them. SNWT 2018,c.16,s.5(2),39.

(1) Every person in attendance at a polling station or other place where, under this Act, voting is conducted or votes are counted, shall maintain and aid in the maintaining of secrecy of voting.

(2) No person shall

(3) Subject to subsection (4), no elector shall

(4) An elector does not contravene subsection (3) if he or she discloses information in the course of obtaining assistance to vote because of

(5) A returning officer or deputy returning officer who is aware that an elector has contravened this section shall draw to the elector’s attention that he or she has committed an offence and is liable to punishment, but the returning officer or deputy returning officer shall not prevent the elector from voting.

(1) During an election or plebiscite, a returning officer shall maintain the peace and may request the assistance of peace officers or other persons to assist in maintaining peace and order.

(2) A deputy returning officer shall maintain the peace at and in the vicinity of the polling station on polling day. SNWT 2014,c.29,s.8.

(1) Subject to any direction provided by the returning officer, a deputy returning officer may appoint the peace officers that he or she considers necessary to maintain peace and order at and in the vicinity of a polling station on polling day.

(2) A returning officer who establishes a central polling place may appoint the peace officers he or she considers necessary to maintain peace and order at and in the vicinity of the central polling place on polling day.

(3) On being appointed, a peace officer shall take an oath or make an affirmation in the approved form.

(4) A deputy returning officer who appoints a peace officer shall, in writing, state their reasons for making the appointment and send those reasons to the returning officer without delay.

(5) An election officer has, while maintaining the peace under this section, all the protection that a peace officer has by law. SNWT 2014,c.29,s.9; SNWT 2022,c.15,s.11.

(1) A returning officer, assistant returning officer, deputy returning officer, poll clerk, interpreter or plebiscite witness, or a peace officer appointed under section 119, must wear an approved badge that identifies his or her office, while in attendance at a polling station.

(2) A candidate or candidate’s polling agent who attends a polling station must wear an approved badge, issued by the deputy returning officer, that identifies the capacity in which he or she is in attendance.

(3) Subsection (2) does not apply to a candidate or candidate’s polling agent who only attends at a polling station to vote. SNWT 2014,c.29,s.10.

(1) No person shall, in a polling station, use, wear, display or cause to be used, worn or displayed, any flag, ribbon, label, badge or similar object indicating a political statement or message, or that could be construed as relating to a candidate’s campaign.

(2) Subject to subsection (4), no person shall, in a polling station, use or cause to be used

(3) The Chief Electoral Officer may issue procedures and instructions on the use of electronic devices in polling stations.

(4) A person may, in a polling station, use any of the devices described in subsection (2) if the person complies with procedures and instructions issued under subsection (3).

(5) This section does not apply to election officers. SNWT 2014,c.29,s.11; SNWT 2022, c.15,s.13.

(1) A returning officer or deputy returning officer who does not understand the language spoken by an elector shall, if practicable, appoint an interpreter to assist in communication between the elector and the returning officer or deputy returning officer with reference to all matters required to enable that elector to vote.

(2) An interpreter appointed under subsection (1) shall take an oath or make an affirmation in the form and manner approved by the Chief Electoral Officer.

(3) A failure to comply with this section shall not affect the validity of an election or plebiscite.

(1) A candidate may, in the approved form, appoint as many candidate’s polling agents as he or she considers necessary to attend at each polling station, but only one of his or her agents may remain in each polling station at any time.

(1.1) For greater certainty, one polling agent for each candidate may remain in

(2) On being admitted to a polling station, a candidate’s polling agent shall

(3) A candidate’s polling agent may exit from and return to a polling station at any time before the close of a poll, and on doing so he or she is not required to again comply with subsection (2). SNWT 2014, c.19,s.17; SNWT 2014,c.29,s.13.

(1) A candidate or a candidate’s polling agent may, during the time the poll is open, but at no other time, examine the poll book or the record of electors and may take any information from the poll book or record unless an elector would be delayed in casting his or her vote as a result of the examination or taking of information.

(2) During the time the poll is open, a candidate’s polling agent may convey any information obtained from an examination of the poll book or record of electors to a candidate’s polling agent who is on duty outside the polling station. SNWT 2014,c.29,s.14.

(1) A returning officer shall prepare a special statement of the poll for an election or plebiscite, in the approved form, combining the results of

(2) A returning officer shall provide to each candidate a copy of a special statement of the poll for an election. SNWT 2014,c.19,s.18; SNWT 2014, c.29,s.15.

VOTING BY ABSENTEE BALLOT SNWT 2014,c.19,s.19.

(1) The Chief Electoral Officer shall keep a record in the approved form of the names and addresses of all electors who are provided with an absentee ballot, in the order in which the ballots are provided, and shall mark on the record

(2) The Chief Electoral Officer shall take precautions to ensure the safekeeping and security of the ballot box and ballots used for voting by absentee ballot. SNWT 2010,c.15,s.17; SNWT 2014,c.19, s.20,21.

(1) An elector may, commencing 14 days before a writ of election or plebiscite proclamation is issued and continuing until 2 p.m. on the 10th day before polling day, apply to the Chief Electoral Officer for an absentee ballot for the electoral district in which the elector is ordinarily resident.

(2) Subject to subsection (2.1), the Chief Electoral Officer shall, on application under subsection (1), provide an absentee ballot and an instruction package to an elector who is ordinarily resident in the electoral district and whose name appears on the list of electors for a polling division in the electoral district.

(2.1) The Chief Electoral Officer shall not provide an absentee ballot and instruction package to an elector under subsection (2) until after 5 p.m. on the final date fixed for receiving nominations of candidates.

(3) An absentee ballot on which an elector votes must not be accepted unless

(4) Subject to subsection (5), a person to whom a ballot is provided under subsection (2) shall not vote or attempt to vote by another special voting opportunity or at the poll on polling day.

(5) An elector who has made an application for an absentee ballot under subsection (1) may cancel the application by notifying the Chief Electoral Officer in writing at least seven days before polling day.

(6) If an absentee ballot has been issued to an elector, and the elector subsequently becomes unable to vote by absentee ballot, the elector may make an application to the Chief Electoral Officer for permission to vote using another method identified under paragraph 38(1)(b).

(7) If, on hearing an application under subsection (6), the Chief Electoral Officer is satisfied that the elector is unable to vote by absentee ballot, the Chief Electoral Officer may permit the applicant to vote using another method identified under paragraph 38(1)(b). SNWT 2010,c.15,s.18; SNWT 2014, c.19,s.21,22; SNWT 2018,c.16,s.41.

(1) The Chief Electoral Officer shall, without delay after the time for applying for an absentee ballot has expired, instruct each returning officer to strike from the lists of electors for his or her electoral district the names of all electors appearing in the voting record.

(1.1) Repealed, SNWT 2018, c.16,s.42.

(2) Without delay after receiving the instructions from the Chief Electoral Officer, the returning officer shall

SNWT 2010,c.15,s.19; SNWT 2014,c.19,s.24; SNWT 2018,c.16,s.5(4),42.

(3) Repealed, SNWT 2018, c.16,s.42.

(4) Repealed, SNWT 2018, c.16,s.42.

(1) The Chief Electoral Officer or an election officer designated by him or her shall, without delay after the close of the poll on polling day and in the presence and full view of two electors, count the votes cast by absentee ballot.

(2) Subject to any procedures established by the Chief Electoral Officer, section 194 and subsections 195(1), (2) and (4) to (8), apply in respect of the counting of votes cast by absentee ballot with such modifications as the circumstances require.

(3) No person shall, until the close of the poll on polling day, examine, count or remove from the ballot box, any absentee ballots cast.

(4) In examining absentee ballots for an election, the Chief Electoral Officer shall reject all those

(5) In examining absentee ballots for a plebiscite, the Chief Electoral Officer shall reject all those

SNWT 2010,c.15,s.20; SNWT 2014,c.19,s.14,20. VOTING AT A MULTI-DISTRICT POLL SNWT 2014,c.19,s.25.

(1) The Chief Electoral Officer may, if he or she considers that a sufficient number of electors eligible to vote in two or more electoral districts are located at a place, establish a multi-district poll to receive the votes of electors.

(2) On establishing a multi-district poll, the Chief Electoral Officer shall

(3) The Chief Electoral Officer may establish procedures and issue instructions in respect of voting at multi-district polls. SNWT 2010,c.15,s.21; SNWT 2014,c.19,s.26,27; SNWT 2018,c.16,s.43.

(1) The election officer responsible for a multi-district poll shall ensure that ballots for each electoral district are available at the poll.

(2) The election officer responsible for a multi-district poll shall, in accordance with instructions issued by the Chief Electoral Officer, keep a record in the approved form of the names and addresses of all electors who vote at the poll, in the order in which their votes are cast, and shall mark on the record the applicable information that a poll clerk would be required to enter in a poll book under Division C in relation to the name of an elector, or such other information as the Chief Electoral Officer instructs.

(3) The election officer responsible for a multi-district poll shall take precautions to ensure the safekeeping and security of the ballot boxes and ballots used for voting at the poll.

(4) The election officer responsible for a multi-district poll shall, without delay at the conclusion of the poll, transmit the ballot boxes to the Chief Electoral Officer. SNWT 2018,c.16,s.44.

(1) The Chief Electoral Officer shall, without delay after the conclusion of the last multi-district poll, instruct each returning officer to strike from the lists of electors for his or her electoral district the names of all electors appearing in the voting record.

(2) The returning officer shall, without delay after receiving the instructions of the Chief Electoral Officer, strike from the lists of electors the names of all electors appearing in the voting record.

(3) Subject to subsection (4), on completing the update of a list of electors for a polling division, the returning officer shall, by the best means available, notify the deputy returning officer of the names of electors who are to be struck from the list, and instruct the deputy returning officer to strike those names.

(4) If a returning officer has supplied a ballot box to a deputy returning officer before updating the list of electors for the polling division, the returning officer shall, by the best means available, notify the deputy returning officer of the names of electors who are to be struck from the list, and instruct the deputy returning officer to strike those names. SNWT 2010,c.15,s.21; SNWT 2014,c.19,s.26; SNWT 2018,c.16,s.5,45.

(5) Repealed, SNWT 2018,c.16,s.45(2).

(1) The Chief Electoral Officer or an election officer designated by him or her shall, without delay after the close of the poll on polling day and in the presence and full view of two electors, count the votes cast at a multi-district poll.

(2) Subject to any procedures established by the Chief Electoral Officer, section 194 and subsections 195(1), (2) and (4) to (8), apply in respect of the counting of votes cast at a multi-district poll, with such modifications as the circumstances require.

(3) No person shall, until the close of the poll on polling day, examine, count or remove from the ballot box, any ballots cast at a multi-district poll. SNWT 2010,c.15,s.21; SNWT 2014,c.19,s.26.

(1) An elector who is ordinarily resident in an electoral district, and who, by reason of disability, is unable to attend the polls to vote may, commencing Tuesday, the 14th day before polling day and continuing until Friday, the 11th day before polling day, apply to a designated election officer to vote at a mobile poll.

(2) On determining that an applicant is an elector described in subsection (1), a designated election officer

SNWT 2014,c.19,s.29,30; SNWT 2018,c.16, s.19(1),46.

(1) A designated election officer shall, in accordance with instructions issued by the Chief Electoral Officer, keep a record in the approved form of the names and addresses of all electors who vote at a mobile poll, in the order in which their votes are cast, and shall mark on the record the applicable information that a poll clerk would be required to enter in a poll book under Division C in relation to the name of an elector, or such other information as the Chief Electoral Officer instructs.

(2) A designated election officer shall take precautions to ensure the safekeeping and security of the ballot box and ballots used for voting at a mobile poll. SNWT 2014,c.19,s.29, 31.

(1) Without delay after completing the voting record for a mobile poll, the designated election officer shall strike from the lists of electors the names of all electors appearing in the voting record.

(2) Subject to subsection (3), on completing the update of a list of electors for a polling division, the designated election officer shall provide a copy to the deputy returning officer.

(3) If a returning officer has supplied a ballot box to a deputy returning officer before the list of electors for the polling division is updated, the returning officer shall, by the best means available, notify the deputy returning officer of the names of electors who are to be struck from the list, and shall instruct the deputy returning officer to strike those names.

(4) A deputy returning officer shall, without delay, comply with an instruction provided under subsection (3). SNWT 2014,c.19,s.29,33; SNWT 2018,c.16,s.5,47; SNWT 2022,c.15,s.15.

(1) Without delay after the close of the poll on polling day, the returning officer, or a deputy returning officer shall count the votes cast at a mobile poll.

(2) Subject to any instructions issued or procedures established by the Chief Electoral Officer, sections 192 and 194 and subsections 195(1), (2) and (4) to (8) apply in respect of the counting of votes cast at a mobile poll with such modifications as the circumstances require.

(3) No person shall, until the close of the poll on polling day, examine, count or remove from the ballot box, any ballots cast at a mobile poll. SNWT 2014,c.19,s.29, 34.

(1) Votes may be cast in the office of the returning officer during office hours, commencing on the 21st day before polling day for the election and continuing until 2 p.m. on the 2nd day before polling day.

(2) The Chief Electoral Officer may establish procedures and issue instructions in respect of voting in the office of the returning officer. SNWT 2010, c.15,s.23; SNWT 2018,c.16,s.48; SNWT 2022, c.15,s.16.

(1) A returning officer shall, in accordance with instructions issued by the Chief Electoral Officer, keep a record in the approved form of the names and addresses of all electors who vote in the office of the returning officer, in the order in which they vote, and shall mark on the record the applicable information that a poll clerk would be required to enter in a poll book under Division C in relation to the name of an elector, or such other information as the Chief Electoral Officer instructs.

(2) A returning officer shall take precautions to ensure the safekeeping and security of the ballot box and ballots used for voting in the office of the returning officer.

(1) An elector whose name appears on the list of electors for the polling division in which he or she is ordinarily resident may vote in the office of the returning officer responsible for the polling division.

(2) Repealed, SNWT 2014,c.29,s.16(2).

(3) An elector whose name does not appear on the list of electors for the polling division in which the elector is ordinarily resident may vote in the office of the returning officer responsible for the polling division, if the elector

SNWT 2014,c.29,s.16; SNWT 2018, c.16,s.5(2),49.

(1) If a person fails or refuses to take an oath or make an affirmation if so required under section 146 or the provisions referred to in section 149, the returning officer shall,

(2) A person may not receive a ballot or vote in the office of the returning officer, and shall not vote by another special voting opportunity, if he or she fails or refuses to take a required oath or make a required affirmation. SNWT 2018,c.16,s.50.

(1) Without delay after the close of the poll on polling day, the returning officer or a deputy returning officer shall, in the office of the returning officer, count the votes cast there.

(2) Subject to any instructions issued or procedures established by the Chief Electoral Officer, the following provisions apply in respect of counting votes cast in the office of the returning officer, with such modifications as the circumstances require:

(2.1) A candidate or his or her polling agent or a plebiscite witness, who is present in the office of the returning officer at the close of the poll on polling day may observe the count of votes cast there.

(3) No person shall, until the close of the poll on polling day, examine, count or remove from the ballot box, any ballots cast in the office of the returning officer. SNWT 2010,c.15,s.25; SNWT 2022, c.15,s.17.

VOTING AT AN ADVANCE VOTING

(1) Votes may be cast at an advance voting opportunity at locations and during hours determined by the returning officer for each electoral district, commencing Tuesday, the 7th day before polling day, and continuing until Friday, the 4th day before polling day.

(2) Repealed, SNWT 2018,c.16,s.52(2).

(3) Repealed, SNWT 2018,c.16,s.52(2).

(4) A returning officer shall give public notice of the location and hours for voting at each advance voting opportunity in the electoral district, in the proclamation, in the public notice for a plebiscite or in any other manner that the Chief Electoral Officer may direct.

(5) The returning officer for an electoral district shall designate the election officer responsible for supervising the voting at an advance voting opportunity held in the electoral district.

(6) The Chief Electoral Officer may establish procedures and issue instructions in respect of voting at an advance voting opportunity. SNWT 2014, c.29,s.17; SNWT 2018,c.16,s.52.

(1) The election officer responsible for an advance voting opportunity shall, in accordance with instructions issued by the Chief Electoral Officer, keep a record in the approved form of the names and addresses of all electors who vote at the advance voting opportunity, in the order in which they vote, and shall mark on the record the applicable information that a poll clerk would be required to enter in a poll book under Division C in relation to the name of an elector, or such other information as the Chief Electoral Officer instructs.

(2) The election officer responsible for an advance voting opportunity shall take precautions to ensure the safekeeping and security of the ballot box and ballots used for voting at the advance voting opportunity. SNWT 2014,c.29,s.17.

(1) An elector whose name appears on the list of electors for an electoral district in which the elector is ordinarily resident may vote at an advance voting opportunity in that electoral district.

(2) An elector whose name does not appear on the list of electors for an electoral district in which the elector is ordinarily resident may vote at an advance voting opportunity in that electoral district if the elector

SNWT 2018,c.16,s.53.

(1) If a person fails or refuses to take an oath or make an affirmation if so required under section 151.3 or the provisions referred to in section 151.6, the election officer responsible for an advance voting opportunity shall,

(2) A person may not receive a ballot or vote at an advance voting opportunity, and shall not vote by another special voting opportunity, if he or she fails or refuses to take a required oath or make a required affirmation. SNWT 2014,c.29,s.17; SNWT 2018, c.16,s.54.

(1) Without delay after the time for voting on each day of an advance voting opportunity has expired, the election officer responsible for the advance voting opportunity shall, by the best means available, notify the returning officer of the names of all electors appearing in the voting record and the names of every person who fails or refuses to take a required oath or make a required affirmation.

(2) After receiving the names under subsection (1) from each election officer responsible for an advance voting opportunity in the electoral district, the returning officer shall, without delay, strike from the list of electors the names of all electors appearing in the voting record and remove from the list of electors the names of every person who failed or refused to take a required oath or make a required affirmation.

(3) Before voting commences on the following day of the advance voting opportunity, the returning officer shall, by the best means available, notify each election officer responsible for an advance voting opportunity in the electoral district of the names of all electors who voted in another location in the electoral district on the previous day, including in the office of the returning officer, and the names of every person who failed or refused to take a required oath or make a required affirmation on that day.

(4) Without delay after the time for voting in an advance voting opportunity has expired, the returning officer shall ensure that the deputy returning officer is supplied with an updated list of electors for a polling station. SNWT 2014,c.29,s.17; SNWT 2018, c.16,s.55.

(5) Repealed, SNWT 2018,c.16,s.55(3).

(6) Repealed, SNWT 2018,c.16,s.55(3).

(1) Without delay after the close of an advance voting opportunity, the election officer responsible for the advance voting opportunity shall

(2) The election officer responsible for the advance voting opportunity shall initial the seal on each envelope.

(3) The election officer responsible for the advance voting opportunity shall

(4) No person shall examine, count or remove from the ballot box, any ballots cast at an advance voting opportunity, until the day and time set out in section 151.10 for counting the votes.

(5) The election officer responsible for an advance voting opportunity shall initial the seal affixed to the ballot box. SNWT 2014,c.29,s.17.

(1) The election officer responsible for an advance voting opportunity shall take precautions to ensure the safekeeping and security of the ballot box and ballots used for voting at the advance voting opportunity.

(2) In the interval between the close of an advance voting opportunity and the day and time the votes are counted, the election officer responsible for the advance voting opportunity may, with the approval of the returning officer, place the ballot box in a secure location in the custody of another person. SNWT 2014,c.29,s.17.

(1) Without delay after the close of the poll on polling day, the deputy returning officer shall count the votes cast at an advance voting opportunity in the electoral district.

(2) Subject to any instructions issued or procedures established by the Chief Electoral Officer, sections 191 to 196 apply in respect of counting votes cast at an advance voting opportunity, with such modifications as the circumstances require. SNWT 2014,c.29,s.17; SNWT 2018,c.16,s.56.

152 - 167, Repealed, SNWT 2014,c.29,s.18.

(1) If the hours of employment of an employee who is an elector do not provide the employee three consecutive hours to vote during the time the poll is open on polling day, the employer shall allow the employee such additional time off work as may be necessary to provide the employee with three consecutive hours to vote.

(2) An employer shall not make any deduction from the pay of an employee, or impose or exact from an employee any penalty, by reason of the absence of the employee from his or her work during the time that the employer is required to allow the employee to be off work under subsection (1).

(3) An employer required under subsection (1) to allow an employee time off work may select a time that is convenient to the employer.

(4) An employer is deemed to have made a deduction from an employee’s pay under subsection (2) if, for the time off work the employer is required to allow an employee under subsection (1), the employer does not pay the employee the amount that the employee would normally earn if he or she had worked during that time.

(1) Before the hour fixed for opening the poll on polling day, a deputy returning officer for a polling station shall, in full view of the candidates, candidates’ polling agents, or plebiscite witnesses who are present, uniformly affix his or her initials in the space provided for that purpose on the back of each ballot supplied to him or her by the returning officer.

(2) A deputy returning officer shall not, for the purpose of initialling ballots, detach them from the books in which they are bound.

(1) A candidate or one polling agent for the candidate or plebiscite witnesses who are present at a polling station at least 30 minutes before the hour fixed for opening the poll are entitled

(2) Subsection (1) does not authorize any delay in opening the poll. SNWT 2010,c.15,s.30.

(1) A deputy returning officer for a polling station shall ensure that electors are admitted into the polling station without being impeded or harassed at or near the polling station.

(2) A deputy returning officer may, if he or she considers it advisable, direct that not more than one elector for each voting compartment be admitted at any time to the room where the poll is held.

(1) A poll clerk shall keep a poll book in the approved form, and shall make entries in it in accordance with this Part and any directions given by the deputy returning officer.

(2) A poll clerk shall, in addition to other entries that must be made in a poll book under this Part,

(1) An elector whose name appears on the list of electors for the polling division in which he or she is ordinarily resident may vote at the polling station for that polling division in accordance with this section.

(2) On entering a room where a poll is held, a person who wishes to vote shall provide his or her name and address to the deputy returning officer.

(3) If the poll clerk ascertains that the person’s name appears on the list of electors for the polling division, the elector shall present the following proof of his or her identity and residence to the deputy returning officer:

(4) An elector who is unable to present the identification referred to in paragraph (3)(a) or (b) may prove his or her identity and residence by an oath taken or an affirmation made in the approved form, if he or she is accompanied by a person whose name appears on the list of electors for a polling division in the same electoral district and who

(5) If the address contained in the piece or pieces of identification provided under subsection (3) does not prove the elector’s residence but is consistent with information related to the elector that appears on the list of electors, the elector’s residence is deemed to have been proven.

(6) If the deputy returning officer is satisfied that an elector’s identity and residence have been proven in accordance with subsection (3) or (4), the deputy returning officer shall provide the elector with a ballot and allow him or her to vote.

(7) No elector shall vouch for more than five electors at an election.

(8) An elector who has been vouched for at an election may not vouch for another elector at that election.

(9) No candidate shall vouch for another elector. SNWT 2010,c.15,s.31; SNWT 2014,c.19,s.35; SNWT 2014,c.29,s.19; SNWT 2018,c.16,s.5(2); SNWT 2020,c.14,s.5(4).

(1) An elector whose name does not appear on the list of electors for the polling division in which he or she is ordinarily resident may vote at the polling station for that polling division in accordance with this section.

(2) Subsections 177(2) to (4) and (6) to (8) apply, with such modifications as the circumstances require, in respect of an elector referred to in subsection (1). SNWT 2010,c.15,s.31; SNWT 2018,c.16,s.5(2).

(1) If the name and address of an elector on the list of electors corresponds closely, although not exactly, to the name and address of an elector who wishes to vote at the polling station, so as to suggest that the entry in the list of electors was intended to refer to that elector, the elector may vote at the polling station, if the elector

(2) A poll clerk shall enter in the poll book the correct name and address of an elector who complies with the requirements set out in subsection (1).

(3) A deputy returning officer shall provide a ballot to an elector who complies with the requirements set out in subsection (1), and shall allow him or her to vote. SNWT 2018,c.16,s.57.

(1) If the name of an elector was struck from the list of electors before polling day, and he or she claims not to have voted by special voting opportunity and claims not to have been provided with an absentee ballot under subsection 134(2), the deputy returning officer or poll clerk shall communicate with the returning officer who struck the name or caused it to be struck, to inquire whether it was struck in error.

(2) If the returning officer advises that the elector’s name was struck from the list of electors in error, the elector may vote if he or she

(3) A poll clerk shall, in respect of an elector who complies with the requirements set out in subsection (2), enter a note in the appropriate column of the poll book that the name of the elector was struck from the list in error.

(4) A deputy returning officer shall provide a ballot to an elector who complies with the requirements set out in subsection (2) and shall allow him or her to vote.

(5) This section does not prevent an elector, whose name has been struck from the list of electors for a polling division by a returning officer or deputy returning officer following the apparent voting by the elector by special voting opportunity, from voting under section 183. SNWT 2014,c.19,s.21; SNWT 2018,c.16,s.5(2),58.

(1) If the name of a person who wishes to vote, and who represents himself or herself to be a particular elector, is entered in the poll book indicating that he or she has voted, or if it has been struck from the list of electors, but the person claims that he or she is the elector and has not yet voted and claims not to have been provided with an absentee ballot under subsection 134(2), the elector may vote if he or she

(2) A deputy returning officer shall provide a ballot to an elector who complies with the requirements set out in paragraphs (1)(a), (b) and (c), and shall allow him or her to vote.

(3) A poll clerk shall, in respect of an elector who complies with the requirements set out in paragraphs (1)(a), (b) and (c), enter a note in the appropriate column of the poll book,

SNWT 2010,c.15,s.32; SNWT 2014,c.19,s.21; SNWT 2018,c.16,s.5(2).

(1) If, at 8 p.m. on polling day, there are persons in the polling station or in line at the door who have not been provided with an opportunity to vote since their arrival, the poll must be kept open until they have been provided with an opportunity to vote, but a person who is not actually present at 8 p.m. may not vote.

(2) An elector who casts his or her vote after 8 p.m. on polling day is deemed to have done so by 8 p.m.

(1) A deputy returning officer shall fold the ballot that he or she provides to an elector in such a manner that the deputy returning officer’s initials can be seen without unfolding it.

(2) On providing a ballot to an elector, the deputy returning officer shall

(1) On receiving a ballot, an elector who wishes to vote shall, without delay,

(2) Without delay on receiving a ballot from an elector, the deputy returning officer shall, without unfolding it, ascertain by examination of the initials whether it is the ballot that the deputy returning officer provided to the elector.

(3) The deputy returning officer shall, in full view of the elector and the others who are present, remove and dispose of the counterfoil and deposit the ballot in the ballot box, if the ballot received from the elector is the one provided by the deputy returning officer.

(4) No person shall make a written record of the printed number appearing on the counterfoil of a ballot.

(1) An elector who declines to vote on receiving a ballot from the deputy returning officer

(2) On receiving a ballot from an elector who declines to vote, the deputy returning officer shall

(3) Repealed, SNWT 2010,c.15,s.33.

(1) An elector may, in accordance with this section, be assisted in marking his or her ballot, if he or she requires assistance to mark it because of

(2) Before casting his or her vote, an elector who is unable to vote without assistance shall take an oath or make an affirmation in the form and manner approved by the Chief Electoral Officer.

(3) On taking the oath or making the affirmation, an elector who so requests may be assisted in marking his or her ballot by a friend or relative who is at least 18 years of age and who is accompanying the elector, if the friend or relative takes the oath or makes the affirmation in the form and manner approved by the Chief Electoral Officer, that he or she

(4) A person may only, as the friend or relative of an elector, assist two electors in marking a ballot at an election or plebiscite.

(4.1) A candidate, official agent or polling agent may not assist an elector in marking a ballot at an election.

(5) If an elector who has taken the oath or made the affirmation is not assisted in marking his or her ballot by a friend or relative, the deputy returning officer shall assist the elector, in the presence of an interpreter, if required, by marking the ballot as directed by the elector.

(6) A poll clerk shall, if the elector is assisted in marking his or her ballot by a friend or relative, or by the deputy returning officer, enter in the appropriate column of the poll book

(7) A person may, if required to assist an elector to vote in accordance with this section,

SNWT 2010,c.15,s.34; SNWT 2022,c.15,s.18.

(1) In this section, "special facility" means

(2) If a polling station is established in a special facility, the deputy returning officer may, with the approval of the person in charge of the facility, adapt the polling procedure in accordance with this section.

(3) For a period of time during the hours the polling station is open, the deputy returning officer may temporarily suspend voting in the room where the poll is held, and he or she and the poll clerk may carry the ballot box, poll book, ballots and other necessary papers and materials from room to room in the special facility to take the votes of electors who are entitled to vote at the polling station and who are confined to bed.

(4) The procedures to be followed in taking the votes of electors under subsection (3) must be the same as those fixed for ordinary polling stations, except that

(1) The procedures outlined in this section must be conducted in the presence of the poll clerk and in full view of the candidates, candidates’ polling agents or plebiscite witnesses who are present.

(2) Without delay after the close of the poll, the deputy returning officer shall, in the following order,

(3) The deputy returning officer shall ensure that each candidate, candidate’s polling agent, plebiscite witness or elector who is present is offered a tally sheet on which he or she may record the information as the deputy returning officer calls it out. SNWT 2022,c.15,s.19.

(1) In examining the ballots for an election, the deputy returning officer shall reject all those

(2) In examining the ballots for a plebiscite, the deputy returning officer shall reject all those

(3) A ballot must not be rejected on the basis that

(4) If the deputy returning officer discovers a ballot with the counterfoil still attached, he or she shall, while carefully concealing the number of the counterfoil and without examining it, remove and dispose of the counterfoil.

(5) If a deputy returning officer discovers that he or she omitted to affix his or her initials on the back of a ballot, he or she shall, in full view of those who are present, affix his or her initials on the ballot and count it, if he or she is satisfied that

(1) A candidate, candidate’s polling agent, plebiscite witness or an elector who is present at the counting of votes may, in respect of any ballot found in the ballot box,

(2) The deputy returning officer shall

(3) The deputy returning officer shall decide every question arising out of an objection and, subject to a reversal by a judge on a recount, or a court on an application to contest an election, the decision of the deputy returning officer is final.

(1) The deputy returning officer shall, in respect of election ballots that are not rejected,

(2) The deputy returning officer shall, in respect of plebiscite ballots that are not rejected,

(3) The deputy returning officer shall, in respect of an election or plebiscite,

(4) The deputy returning officer and the poll clerk shall initial, and the candidates, candidates’ polling agents or plebiscite witnesses who are present may initial, the seals on each envelope referred to in subsections (1), (2) and (3). SNWT 2022,c.15,s.20.

(1) After counting the ballots cast at an election or plebiscite, the deputy returning officer shall complete a statement of the poll in the approved form.

(2) The deputy returning officer shall

(3) Repealed, SNWT 2018,c.16,s.59(1).

(4) The deputy returning officer shall place the following documents in the envelope supplied for that purpose:

(5) The deputy returning officer shall seal the envelope referred to in subsection (4) with an approved seal, place it in a ballot box, and ensure that the envelope containing the statement of the poll is, unless otherwise directed by the returning officer, in the ballot box.

(6) On fulfilling the requirements set out in this section, the deputy returning officer shall, without delay, seal the ballot box with an approved seal.

(7) The deputy returning officer and the poll clerk shall initial, and the candidates, candidates’ polling agents or plebiscite witnesses who are present may initial the seal affixed to the ballot box.

(8) A deputy returning officer who fails to properly enclose in an envelope, or in a ballot box, any of the documents referred to in subsection (4) or 194(1), (2) or (3) shall, in addition to any other penalty to which he or she may be liable, forfeit the right to payment for his or her services as deputy returning officer, if the returning officer is of the opinion that the deputy returning officer lacked good faith. SNWT 2018,c.16,s.5(2),59; SNWT 2022, c.15,s.20,21.

(1) A returning officer may appoint a person to collect ballot boxes from specified polling stations.

(2) A deputy returning officer shall, without delay, provide the ballot box to a person appointed to collect it, or if a person is not so appointed, deliver the ballot box to the returning officer in the manner that he or she directs.

DIVISION D DUTIES OF RETURNING OFFICER AFTER

(1) On receiving a ballot box, a returning officer shall examine the seal affixed to it and, if the seal is not in good order, affix another approved seal to the ballot box and initial it.

(2) A returning officer shall take precautions to ensure the safekeeping and security of all ballot boxes received by him or her.

(1) The procedures outlined in this section must be conducted in the presence of the assistant returning officer and in full view of the candidates, candidates’ polling agents or plebiscite witnesses who are present.

(2) Subject to subsection 199(1), on the day, and at the time and place indicated in the proclamation for the official addition for an election, the returning officer shall, from the statements of the poll for all polling stations in the electoral district, and from the statements of the poll resulting from special voting opportunities in the electoral district, conduct an official addition to determine the number of votes cast for each candidate.

(3) Subject to subsection 199(1), on the day and at the time and place indicated in the returning officer’s public notice for the official addition for a plebiscite, the returning officer shall, from the statements of the poll for all polling stations in the electoral district, and from the statements of the poll resulting from special voting opportunities in the electoral district, conduct an official addition to determine the number of votes cast for each response to a plebiscite question.

(4) If any statements of the poll were, under paragraph 195(2)(c), placed in ballot boxes, the returning officer shall open the ballot boxes to obtain them for the official addition.

(5) If a ballot box in which a statement of the poll should be located does not appear to contain it, a statement of the poll that was to be forwarded separately to the returning officer does not arrive, or for any other reason the returning officer does not have a statement of the poll, he or she may, for the purpose of conducting the official addition for an election or plebiscite,

(6) Nothing in this section authorizes a returning officer to open any envelopes appearing to contain only ballots marked for a candidate or for a plebiscite response.

(7) A returning officer who opens the envelope referred to in paragraph (5)(a) shall place all documents that were contained in the envelope, except the statement of the poll, if located, in either the same envelope or in another envelope supplied for that purpose, seal it with an approved seal and initial the seal. SNWT 2022,c.15,s.22.

(1) A returning officer may adjourn the official addition from time to time, for a period or periods each not exceeding seven days and not, in aggregate, exceeding two weeks if, on the day fixed for the official addition or the day on which an adjournment expires, he or she cannot conduct it because he or she has not received all statements of the poll, or does not have sufficient information to complete it.

(2) If a returning officer cannot conduct the official addition because he or she has not obtained all the information required to complete it, he or she may ascertain the required information from other evidence, and for that purpose the returning officer

(1) A returning officer shall, without delay after the official addition, prepare a certificate in the approved form, stating the number of votes cast for each candidate or the number of votes cast for each response to a plebiscite question.

(2) A returning officer who prepares a certificate for an election under subsection (1) shall, without delay,

(3) A returning officer who prepares a certificate under subsection (1) for an election or plebiscite shall, without delay, transmit a copy to the Chief Electoral Officer in the manner that he or she may direct.

(4) If a returning officer uses information obtained under subsection 198(5) or 199(2) at the official addition, he or she shall, with the return of the writ of election or plebiscite return, submit a report to the Chief Electoral Officer explaining

(5) If a ballot box was destroyed, lost, or for any other reason not delivered to the returning officer on time for the official addition, the returning officer shall, with the return of the writ of election or plebiscite return, submit a report to the Chief Electoral Officer explaining the circumstances in respect of the destruction, loss or failure of delivery.

(1) Subject to subsections (2) and (3), a returning officer shall, without delay, on the ninth day after the day on which he or she completes the official addition for an election,

(2) If, under subsection 206(1), a returning officer applies for a recount that is not completed by the day referred to in subsection (1), he or she shall not complete the return of the writ of election or certify that a candidate is duly elected until the returning officer receives from the judge a certificate of the result of the recount.

(3) If a returning officer receives notice of a recount applied for under subsection 208(1) that is not completed by the day referred to in subsection (1), he or she shall not complete the return of the writ of election or certify that a candidate is duly elected until the returning officer receives from the judge a certificate of the result of the recount.

(4) If a returning officer completes the return of the writ of election before the day referred to in subsection (1), the return of the writ is deemed to be completed on the day it should have been completed.

(5) The Chief Electoral Officer

(1) The Chief Electoral Officer may, on receiving a plebiscite return, send it back to a returning officer for completion or correction if it appears to contain an error or if it does not comply with this Act.

(2) Subject to subsection (1), the Chief Electoral Officer shall, on receiving the plebiscite returns from all electoral districts in the plebiscite district,

(3) Subject to subsection (4), the Chief Electoral Officer shall

(4) If the Chief Electoral Officer applies for a recount under section 207, he or she shall perform the duties set out in subsection (3) without delay after receiving a certificate of the result of the recount from the judge.

(1) The returning officer shall, without delay after the official addition for an election, apply to a judge for a recount of the votes if, on the official addition, candidates receiving the most votes are tied, or the number of votes separating the candidate receiving the most votes from any other candidate is less than 2% of the total number of votes cast in the electoral district.

(2) The returning officer shall provide written notice to each candidate or his or her official agent of the application for a recount.

APPLICATION BY CHIEF ELECTORAL OFFICER FOR PLEBISCITE RECOUNT

(1) The Chief Electoral Officer may, if he or she considers it to be in the public interest, apply to a judge for a recount of votes for one or more electoral districts in the plebiscite district.

(2) An application under subsection (1) must be made within five days after the date on which the Chief Electoral Officer conducts the final addition for the plebiscite.

(1) Within five business days after the date on which a returning officer has completed the official addition for an election and prepared the certificate referred to in subsection 200(1), an elector may apply to a judge for a recount of the votes on the grounds that

(2) An elector may, within five business days after the day the Chief Electoral Officer gives public notice of the results of a plebiscite under paragraph 204(3)(b), apply to a judge for a recount of the votes for one or more electoral districts in the plebiscite district, on the grounds that

(3) An applicant for a recount under subsection (1) or (2) shall, with the application,

(4) A judge may, at any time after an application for a recount is made under this section, terminate the recount on the applicant’s written request for termination. SNWT 2022,c.15,s.10.

(1) The judge shall

(2) If the judge receives more than one application for a recount for more than one electoral district,

(3) A judge may use the services of such clerical assistants as are required for the proper performance of the recount.

(1) A returning officer shall, except in respect of a recount applied for under paragraph 208(2)(c),

(2) For the purposes of a recount, the judge has the power to summon the Chief Electoral Officer, Deputy Chief Electoral Officer or any returning officer, assistant returning officer, deputy returning officer or poll clerk as a witness, and to require a witness to produce election or plebiscite documents or to give evidence on oath or affirmation.

(3) The following persons may be present at a recount:

(1) In conducting a recount applied for under subsection 206(1) or 207(1), or paragraph 208(1)(a) or (2)(a), the judge shall

(2) A judge shall not open other sealed envelopes for a recount under this section unless

(1) A judge shall conduct a recount applied for under paragraph 208(1)(b) or (2)(b) or (c) from the statements of the polls or other documents and materials required to determine the matter.

(2) A judge shall not open sealed envelopes for a recount under this section unless it is necessary for the verification of information in respect of the official addition for the election or plebiscite, or the final addition for the plebiscite.

(1) A judge shall, as far as is practicable, proceed continuously with a recount, allowing only necessary breaks, but excluding the hours between 6 p.m. and 9 a.m., unless the judge directs otherwise.

(2) During a break or excluded time, ballots and other documents and materials must be kept in enclosed packages, sealed and initialled by the judge, who shall take precautions to ensure the security of the documents and materials.

(1) At the conclusion of a recount, the judge shall

(2) A certificate prepared by a judge under subsection (1) cancels and replaces the certificate completed by a returning officer under subsection 200(1) or a certificate completed by the Chief Electoral Officer under paragraph 204(2)(b).

(3) If a recount in respect of an election results in an equality of votes between the candidates who received the most votes, the judge shall order the holding of a new election.

(1) On receipt of the result of a recount in respect of an election, the returning officer shall complete the return of the writ of election in the approved form, certifying the identity of the candidate who, on the recount, has received the most votes cast and certifying that he or she is duly elected.

(2) If a returning officer had completed a return of the writ of election before a recount is completed, and the result of the recount is that a different candidate is certified as duly elected, the returning officer shall make a substitute return of the writ.

(3) A substitute return of the writ of election cancels and replaces the original return of the writ.

(1) If a recount applied for under subsection 208(1) does not alter the result of the poll so as to affect the return of the writ, the judge shall

(2) If an applicant is ordered to pay costs to a candidate, the money deposited as security for costs shall, as far as is necessary, be paid to the candidate, and if the deposit is not sufficient to cover the costs, the same remedies are available for the recovery of the balance as for the recovery of costs in respect of other proceedings in the Supreme Court.

APPLICATION TO CHIEF ELECTORAL

(1) After a recount in respect of an election, a candidate who receives the most votes, or a candidate who receives a number of votes within 2% of the number received by the candidate with the most votes, may apply, in the approved form, to the Chief Electoral Officer to be reimbursed for the costs actually and reasonably incurred by the candidate in respect of the recount.

(2) An application for reimbursement must set out the amount and nature of the costs actually and reasonably incurred.

(3) On review of the application, the Chief Electoral Officer shall determine the amount that he or she considers to relate to costs actually and reasonably incurred by the candidate, and shall, subject to subsections (4) and (5), reimburse the candidate for that amount.

(4) In determining the amount to be reimbursed, the Chief Electoral Officer shall deduct any costs awarded to the candidate by a judge in respect of the recount.

(5) The maximum amount that a candidate may be reimbursed under this section is the lesser of

APPLICATION TO COURT OF APPEAL

(1) If a judge fails to comply with sections 209 to 215, an aggrieved party may, within eight days after the recount, make an application to a judge of the Court of Appeal.

(2) An application under subsection (1) may be made on affidavit setting out the facts relating to the failure to comply.

(3) If, from a review of the affidavit or other information, it appears that there was a failure to comply, the judge of the Court of Appeal shall, by order,

(4) The judge conducting the recount or any interested party may file with the Registrar of the Court of Appeal an affidavit in reply to that filed by the applicant, and shall, on the request of the applicant, provide a copy to him or her.

(5) On hearing the application, the judge of the Court of Appeal

(1) A judge shall, without delay, comply with an order made under subsection 220(5).

(2) A judge who is subject to an order under subsection 220(5) does not contravene this Act.

(1) The validity of an election may only be contested in accordance with this Part.

(2) The making of an application to contest an election does not affect any right or obligation of a candidate in that election.

(1) The Chief Electoral Officer, a candidate for the electoral district or an elector entitled to vote in the electoral district may, by application to the Supreme Court, contest an election on the grounds that

(2) Subject to subsection (3), an application to contest an election must be filed with the Clerk of the Supreme Court within 30 days after the publication in the Northwest Territories Gazette of the name of the candidate elected for the electoral district.

(3) The Chief Electoral Officer may, at any time, make an application to contest an election. SNWT 2010,c.15,s.35.

(1) An applicant shall, when filing an application to contest an election,

(2) The Supreme Court may increase the amount of the security for costs that the applicant is required to deposit.

(3) The Chief Electoral Officer is not required to deposit any amount as security for costs.

(1) An applicant shall, within 20 days after filing, serve the application to contest an election and the affidavit in support on

(2) A person referred to in paragraph (1)(a) or (b) who wishes to take part in the proceedings may, within 15 days after being served with the application, file a notice of appearance with the Supreme Court.

(1) After hearing an application to contest an election, the Supreme Court may dismiss it if the grounds referred to in paragraph 225(1)(a) or (b) are not established.

(2) After hearing an application to contest an election, the Supreme Court may, if a ground referred to in paragraph 225(1)(a) or (b) is established, by order

(3) The Supreme Court may, on an application to contest an election, make any order as to costs that it considers appropriate. SNWT 2010,c.15,s.36.

(1) An appeal from an order made under section 233 may be made to the Court of Appeal on any question of law or fact, and the notice of appeal must be filed within 15 days after the order was signed, issued and served.

(2) The Registrar of the Court of Appeal shall, without delay, notify the Clerk of the Legislative Assembly if an appeal is filed.

(3) An appeal must be heard as soon as is practicable, and a judge of the Court of Appeal may provide directions to the parties to expedite the proceedings.

(4) The Court of Appeal may, on an appeal under this section, make any order as to costs that it considers appropriate.

(1) In this Part and Part 10,

"authorized person" means a person authorized by an official agent under subsection 240(1) to receive contributions; (personne autorisée)

"campaign period" means the period beginning with the nomination of the candidate and ending on polling day for the election; (période de campagne électorale)

"charitable organization" means a society defined in section 1 of the Societies Act or a registered charity defined in section 248 of the Income Tax Act (Canada); (organisme de charité)

"contribution" means

"election expense" means any amount paid, liability incurred or the market value of any non-monetary contribution accepted to promote or oppose a person’s candidacy or election, but does not include an amount paid or liability incurred in respect of the fair market value of what a ticket entitles a bearer to obtain under paragraph 247(4)(b); (dépense électorale)

"pre-election period" means the period beginning three months before the issue of the writ of election and ending with the nomination of the candidate. (période préélectorale)

(2) For the purposes of the definition "contribution", "volunteer labour" means any labour provided free of charge by a person outside his or her working hours, but does not include the labour or a service provided by a person who is self-employed and who normally charges for that kind of labour or service. SNWT 2011,c.16,s.7(4); SNWT 2014, c.29,s.20.

(1) A person who may be a candidate for an electoral district may, during the period that consists of the pre-election period and the campaign period combined, use an amount of the person’s own funds not exceeding a maximum of $30,000 to promote his or her candidacy or election.

(2) An amount used under subsection (1) for which a candidate is not reimbursed by the official agent from contributions received to promote the candidate’s election, must be recorded and reported as a contribution from the candidate, but a tax receipt may only be issued

SNWT 2018,c.16,s.60.

(1) A person, association or organization shall not, before the beginning of a campaign period, make a contribution to promote a person’s candidacy or election.

(2) An individual resident in the Northwest Territories or a corporation carrying on business in the Northwest Territories may, in a campaign period, make a contribution to promote a candidate’s election.

(3) Subject to subsection 47(1) of the Public Service Act, an association or organization that operates in the Northwest Territories may, in a campaign period, make a contribution to promote a candidate’s election.

(4) Subject to subsection (5), a person, association or organization shall not, in a campaign period, make

(5) The value of a contribution of transportation services or the use of office premises may exceed $1,500.

(6) No person other than an individual resident in the Northwest Territories or a corporation carrying on business in the Northwest Territories may make a contribution to promote a candidate’s election, and no association or organization may make a contribution to promote a candidate’s election unless the association or organization operates in the Northwest Territories.

(1) An official agent may provide written authorization to a person other than a candidate to act on the official agent’s behalf for the purpose of receiving contributions to promote a candidate’s election.

(2) No person other than an official agent or authorized person shall receive a contribution.

(3) A person, association or organization may only make a contribution to promote a candidate’s election by providing it to the candidate’s official agent or the authorized person.

(1) A returning officer shall, on request by an official agent, provide the official agent with a tax receipt book from which he or she may issue tax receipts in accordance with this Part.

(2) A person other than an official agent shall not issue a tax receipt for a contribution.

(3) An official agent shall not issue a tax receipt for a non-monetary contribution.

(4) An official agent shall not issue a tax receipt that exceeds $1,500.

(5) If a candidate has made a contribution to promote their own election and received a tax receipt from the official agent, no amount rebated under the Election Rebate Program referred to in section 264.01 may be claimed under the Income Tax Act or the Income Tax Act (Canada). SNWT 2014,c.29,s.21; SNWT 2022,c.15,s.24.

(1) An official agent or authorized person may accept an anonymous contribution not exceeding $100 to promote a candidate’s election.

(2) If an official agent or authorized person receives an anonymous contribution exceeding $100, the official agent shall, without delay, either

(3) An official agent or authorized person may only accept a maximum of $1,500 in total anonymous contributions under subsection (1).

(4) If an official agent or authorized person receives an anonymous contribution under subsection (1) that has the effect of bringing total anonymous contributions over $1,500, the official agent shall, without delay, either

SNWT 2014,c.29,s.22.

(1) The amount of a monetary contribution raised through the sale of a ticket to attend a meeting, dance, dinner or other function held primarily to raise money to promote a candidate’s election, is the difference between the price of the ticket and the fair market value of that which the ticket entitles the bearer to obtain.

(2) At a meeting, dance, dinner or other function where money is contributed to promote a candidate’s election by persons in attendance in response to a general collection of money, a person shall not make an anonymous contribution exceeding $100.

(1) The fair market value of campaign advertising undertaken by someone other than a person who is or may be a candidate, with that candidate’s knowledge and consent or acquiescence, is a contribution for the purposes of this Part and may only be made in the campaign period.

(2) A person who obtains the services required for the transmission of campaign advertising shall provide the person who transmits it with the sponsor identification information required by section 101.2. SNWT 2014,c.29, s.23.

(1) An official agent or authorized person shall not accept a contribution

(1.1) An official agent or authorized person shall not accept a contribution, or any portion of a contribution, that has the effect of bringing total anonymous contributions over the limit set out in subsection 242(3).

(2) An official agent or authorized person who takes reasonable measures to ensure that he or she does not accept a contribution, or any portion of a contribution, in contravention of subsection (1) or

(1.1) does not contravene that subsection. SNWT 2014,c.29,s.24.

(1) An official agent shall, in the approved form, record and report all contributions received, and shall include the name and address of the contributor for each contribution that exceeds $100.

(2) In recording and reporting a non-monetary contribution, an official agent shall record and report its fair market value.

(3) In recording and reporting the value of a contribution of transportation services that exceeds $1,500, or a contribution of the use of office premises that exceeds $1,500, an official agent shall record and report the full value of the services or use of premises.

(4) In recording and reporting the amount raised as a contribution through the sale of tickets for a function referred to in subsection 243(1), the official agent shall state the name of the organizer of the function and shall record and report

(5) In recording and reporting the amount raised as a contribution through a collection at a function, referred to in subsection 243(2), the official agent shall record and report the name of the organizer of the function and the gross amount raised through the collection. SNWT 2014,c.29,s.25.

(1) A candidate shall, within 60 business days after polling day for the election,

(2) A candidate who gives surplus contributions to a charitable organization may not gain any benefit under the Income Tax Act or the Income Tax Act (Canada). SNWT 2022,c.15,s.10.

(1) The Chief Electoral Officer may issue instructions to candidates and official agents in respect of

(2) Candidates, official agents and other persons to whom instructions issued under subsection (1) apply shall comply with the instructions. SNWT 2014, c.29,s.26.

(1) A person who becomes a candidate may incur election expenses in the pre-election period that cumulatively, with election expenses incurred in the campaign period, do not exceed $30,000.

(2) A person who becomes a candidate shall

(3) An official agent may, in accordance with any instructions issued under paragraph 250(b) and on proof of payment by bills setting out the particulars of the expenses, reimburse a candidate for election expenses incurred in the pre-election period from contributions received to promote the candidate’s election.

(4) No candidate shall incur, or permit or acquiesce in incurring, election expenses in the pre-election period and campaign period that cumulatively exceed $30,000.

(5) No official agent shall incur election expenses that, cumulatively with election expenses incurred by the candidate or a person authorized by the official agent, exceed $30,000.

(1) Subject to subsection 254(1), no person other than an official agent or a person authorized by an official agent may incur an election expense in the campaign period.

(2) A candidate is not liable for an election expense incurred by a person other than the candidate, his or her official agent, or a person authorized by the official agent. SNWT 2014,c.29,s.27.

(1) A candidate may, in the campaign period, pay for an election expense for petty expenses or for his or her travel costs or living expenses.

(2) An official agent may reimburse a candidate for an election expense paid for by the candidate for petty expenses or for his or her travel costs or living expenses, if

(3) An official agent shall not reimburse a candidate for an election expense in contravention of this section or section 250 or 251. SNWT 2014, c.29,s.28.

(1) Subject to this section and subsections 238(1) and 254(1), no person other than an official agent may incur or pay for an election expense.

(2) A person authorized by an official agent may pay for an election expense that relates to stationary, postage or other petty expenses, but only in respect of an amount that is set out in an authority established by the official agent.

(3) A person who pays for an election expense referred to in subsection (2) shall, to prove the expense, provide the official agent with a bill setting out the particulars. SNWT 2014,c.29,s.29.

CANDIDATE’S FINANCIAL REPORT

(1) Within 45 business days after polling day for an election, an official agent shall deliver to the Chief Electoral Officer

(1.1) If it is not feasible for an official agent to provide a statement referred to in paragraph (1)(a.1), the official agent may, with the consent of the Chief Electoral Officer, provide the required information on a form approved by the Chief Electoral Officer for that purpose.

(2) The official agent and the candidate shall each make a declaration referred to in paragraph (1)(c) before the report is delivered to the Chief Electoral Officer and no later than 45 business days after polling day for the election.

(3) Subject to an extension granted under subsection (4), an approval granted under subsection 258(3) or an application to the Supreme Court under subsection 262(1), a candidate who is certified by a returning officer as duly elected shall not sit or vote as a member in the Legislative Assembly if the candidate’s financial report, the bills proving payment of election expenses and the declarations required under subsection (1),

(4) On written application by a candidate or his or her official agent, the Chief Electoral Officer may extend, in respect of the delivery of the candidate’s financial report, the amount of time referred to in paragraph (3)(a) to a maximum of 55 business days after polling day if the candidate

SNWT 2014,c.29,s.30; SNWT 2018,c.16,s.61; SNWT 2022,c.15,s.25.

(1) An application may be made to the Chief Electoral Officer for an extension of time to deliver to the Chief Electoral Officer the candidate’s financial report, the statements from banks or approved institutions, the form referred to in subsection 256(1.1), the bills proving payment of election expenses or the declarations referred to in subsection 256(1) by

(2) An application under subsection (1) must be made before the expiry of 60 business days after polling day for the election.

(3) The Chief Electoral Officer may, on application made under subsection (1), extend the time for an additional 60 business days after the expiry of the initial 60-day period.

(4) The Chief Electoral Officer shall not extend the time beyond 120 business days after polling day for the election. SNWT 2014,c.29,s.31; SNWT 2016, c.9,s.3(5); SNWT 2018,c.16,s.62; SNWT 2022, c.15,s.10.

(1) If the candidate’s financial report, the statements from banks or approved institutions, the form referred to in subsection 256(1.1), the bills proving payment of election expenses or the declarations referred to in subsection 256(1) are not delivered to the Chief Electoral Officer within 60 business days after polling day or within the extended period under section 257, the candidate shall, within 30 business days after receiving a demand from the Chief Electoral Officer, pay a penalty of $500 to the Chief Electoral Officer for deposit in the Consolidated Revenue Fund.

(1.1) In addition to any penalty imposed under subsection (1), a candidate who fails to comply with the requirements set out in that subsection is liable to a penalty of $50 per day for each day that the candidate continues to fail to comply with any of those requirements, to a maximum amount of $1000.

(2) A penalty belongs to the Government of the Northwest Territories.

(3) Notwithstanding any other provision of this Act, a person who pays a penalty under this section may not be charged with an offence respecting that contravention, unless the contravention continues after the penalty is paid. SNWT 2010,c.15,s.37; SNWT 2014,c.29,s.32; SNWT 2018,c.16,s.63; SNWT 2022,c.15,s.10.

(1) Subject to subsection (3), an official agent shall, within 60 business days after polling day for the election, pay all bills for election expenses and deliver those bills to the Chief Electoral Officer as required under paragraph 256(1)(b).

(2) An official agent or candidate may apply to the Chief Electoral Officer to approve the payment and delivery of bills after the expiry of the time set out in subsection (1).

(3) The Chief Electoral Officer may grant approval for the late payment and delivery of bills if he or she is of the opinion that extraordinary circumstances exist that warrant waiving the time limit. SNWT 2014,c.29,s.33; SNWT 2022,c.15,s.10.

(1) The Chief Electoral Officer may provide an official agent with an additional tax receipt book if a candidate has a campaign deficit and a receipt book is required in respect of the collection of contributions to reduce the deficit.

(2) Within 60 business days after polling day for an election, an official agent shall return to the Chief Electoral Officer all tax receipt books that the official agent received from a returning officer or the Chief Electoral Officer. SNWT 2022,c.15,s.10.

(1) On the expiry of the time set out in subsection 256(1), the Chief Electoral Officer shall notify the Clerk of the Legislative Assembly of each candidate who has been certified as being duly elected

(2) The Chief Electoral Officer shall notify the Clerk of the Legislative Assembly of a candidate whose official agent subsequently complies with subsection 256(1). SNWT 2010,c.15,s.38; SNWT 2014,c.19,s.36; SNWT 2014,c.29,s.34.

(1) A candidate or official agent may make an application to the Supreme Court for an order allowing an authorized excuse for a failure to deliver to the Chief Electoral Officer

(2) An application for an order allowing an authorized excuse may be made before or after the time set out for delivery of the documents.

(3) The Chief Electoral Officer is a party to an application under subsection (1), and the applicant shall serve the Chief Electoral Officer with a copy of each document filed in respect of the application.

(4) On application under subsection (1), subsection 256(3) does not apply with respect to the candidate unless the judge orders that the candidate shall not sit or vote as a member in the Legislative Assembly pending determination of the application. SNWT 2014,c.29,s.35; SNWT 2018,c.16,s.65.

(1) If an applicant for an order allowing an authorized excuse satisfies the judge that the failure to comply with subsection 256(1) involves a failure or refusal of an official agent or former official agent to comply with his or her duties under this Act, the judge may, by written order, direct the official agent or former official agent to attend before the judge.

(2) A judge may order an official agent or former official agent

(3) In an order under subsection (2), the judge may

(1) On hearing an application made under subsection 262(1), the judge may make an order allowing a candidate an authorized excuse or relieving the candidate from the consequences of an act or omission of an official agent or former official agent, if the judge is satisfied that

(2) Examples of circumstances under which an order may be made under subsection (1) include the following:

(3) On hearing an application made under subsection 262(1), the judge may make an order allowing an official agent an authorized excuse if the judge is satisfied that

(4) Examples of circumstances under which an order may be made under subsection (3) include the following:

(5) An order under subsection (1) or (3)

(6) An order allowing an authorized excuse relieves the person who is excused from any liability or consequence under this Act in respect of the matters excused by the order.

ELECTION REBATE PROGRAM SNWT 2022,c.15,s.26.

(1) The election rebate program is established.

(2) A candidate is eligible for the election rebate program if they

(3) An eligible candidate may apply to the Chief Electoral Officer for a rebate of reasonable and eligible personal monetary expenditures incurred as a result of an election.

(4) Any rebate that the Chief Electoral Officer authorizes must be the lesser of

(5) Eligible expenses for the election rebate program must not include expenses incurred for liquor or cannabis.

(6) If a candidate has made a contribution to promote their own election and claimed that contribution as a rebate, no amount rebated may be claimed under the Income Tax Act or the Income Tax Act (Canada).

(7) The reports by the Chief Electoral Officer required under sections 265 to 266.4 must include details on the administration of the elections rebate program. SNWT 2022,c.15,s.26.

PART 9.1 THIRD PARTY ADVERTISING SNWT 2018,c.16,s.66.

(1) In this Part,

"advertising account" means the account on record with the Chief Electoral Officer for the purpose of accepting advertising contributions for election advertising and for the payment of advertising expenses for election advertising; (compte publicitaire)

"advertising contribution" means, subject to subsection (2), money, real property, goods or services, provided to or for the benefit of a third party; (contribution destinée à la publicité)

"advertising expense" means an expense incurred in relation to

"election advertising" means, subject to subsections (3) and (4), the transmission to the public by any means during an election advertising period of an advertising message that promotes or opposes the election of a candidate, including an advertising message that takes a position on an issue with which a candidate is associated, and includes

"election advertising period" means the period beginning three months before the issue of the writ of election and ending on polling day; (période de publicité électorale) "employee organization" means a trade union or other professional organization of employees formed for purposes that include the negotiation of terms and conditions of employment on behalf of employees; (organisation d’employés)

"expenses" means

"group" means an unincorporated group of persons or corporations acting in consort for a common purpose; (groupe)

"prohibited corporation" means

"registered third party" means a third party registered under section 264.2; (tiers enregistré)

"third party" means a person, corporation or group, but does not include a registered candidate or member of the Legislative Assembly. (tiers)

(2) For the purposes of the definition "advertising contribution", the term "services"

(3) In determining a significant purpose of an event under paragraph (b) of the definition "election advertising", the following factors, in addition to any other relevant information, shall be considered:

(4) For greater certainty, "election advertising" does not include

SNWT 2018,c.16,s.66.

Registration of Third Parties SNWT 2018,c.16,s.66.

(1) A third party shall apply for registration under this section immediately after it has incurred expenses of $500 for election advertising or if it plans to incur expenses of at least $500 for election advertising.

(2) The Chief Electoral Officer shall maintain a register of third parties who engage in election advertising.

(3) Subject to this section, the Chief Electoral Officer shall register any third party who is eligible to be registered and who files with the Chief Electoral Officer an application for registration setting out the following:

(4) If the third party has a governing body, the application must include a copy of the resolution passed by the governing body authorizing the third party to incur advertising expenses.

(5) The Chief Electoral Officer shall not register a third party if, in the Chief Electoral Officer’s opinion,

(6) The following bodies are not eligible to be registered in the register referred to in subsection (2):

(7) The Chief Electoral Officer shall, as soon as possible after receiving an application under subsection (1),

(8) When there is any change in the information required to be provided under this section, the registered third party shall notify the Chief Electoral Officer in writing within 30 days after the change and, on receipt of the notice, the Chief Electoral Officer shall revise the register accordingly.

(9) A notice under subsection (8) may be delivered by hand or sent by regular mail, courier, fax or electronic mail. SNWT 2018,c.16,s.66.

Advertising Expenses, Reporting and Guidelines SNWT 2018,c.16,s.66.

(1) During an election advertising period, a registered third party shall not incur advertising expenses in a total amount across all electoral districts that exceeds $57,000.

(2) During an election advertising period, a registered third party shall not incur advertising expenses to promote or oppose the election of one or more candidates in a given electoral district in an amount that exceeds $3000 per candidate.

(3) For the purpose of subsection (2), promoting or opposing the election of a registered candidate in a given electoral district includes

(4) A third party shall not incur advertising expenses in an amount that exceeds $3000 in relation to a by-election in a given electoral district.

(5) A third party shall not circumvent, or attempt to circumvent, a limit set out in this section by any means, including by

(6) For the purposes of this section, if election advertising is transmitted during an election advertising period, the expense incurred for that advertising is considered to be an advertising expense, regardless of when it was incurred. SNWT 2018, c.16,s.66.

(1) Subject to subsection (2), within six months after polling day, the chief financial officer of a registered third party that is a corporation or group, or the individual if the registered third party is an individual, shall file with the Chief Electoral Officer an election advertising expense report which must be an accurate signed report in the approved form and must include

(2) At the request of the Chief Electoral Officer, a registered third party shall provide the original of any bill, voucher or receipt for any advertising expense of more than $50.

(3) The Chief Electoral Officer may issue guidelines relating to the preparation and contents of the election advertising expense report referred to in this section and shall publish those guidelines on the website of the Office of the Chief Electoral Officer. SNWT 2018,c.16,s.66.

(1) A third party, or a person acting on a third party’s behalf, shall ensure that election advertising sponsored by the third party complies with the following:

(2) The Chief Electoral Officer may establish guidelines respecting the requirements referred to in subsection (1), and a third party shall comply with those guidelines.

(3) Any guidelines established under subsection (2) must be published on the website of the Office of the Chief Electoral Officer.

(4) If election advertising is not in compliance with this section, the Chief Electoral Officer may cause it to be removed or discontinued, and in the case of election advertising displayed on a sign, poster or other similar format, neither the Chief Electoral Officer nor any person acting under the Chief Electoral Officer’s instructions is liable for trespass or damage resulting from its removal. SNWT 2018,c.16,s.66.

Advertising Contributions SNWT 2018,c.16,s.66.

(1) Subject to subsections (3) and (4), no advertising contribution shall be made by a person, corporation or employee organization to a third party or used by a third party to incur advertising expenses, unless

(2) No third party required to be registered under section 264.2 and no person acting for a third party required to be registered under section 264.2 shall accept contributions or incur advertising expenses unless the third party is registered under that section.

(3) The following bodies shall not make an advertising contribution in any amount: