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Sunday Shopping Plebiscite Regulations

made under subsection 10(4) of the
Retail Business Uniform Closing Day Act
R.S.N.S. 1989, c. 402
N.S. Reg. 188/2004 (July 7, 2004)

Citation
1 These regulations may be cited as the Sunday Shopping Plebiscite Regulations.

Definitions
2 (1) In these regulations

(a) "Minister" means the Minister of Justice;

(b) "plebiscite" means the vote of the electors required pursuant to Section 10 of the Retail Business Uniform Closing Day Act, which is to be held in conjunction with the regular municipal elections in 2004;

(c) "municipal returning officer" means a returning officer appointed pursuant to the Municipal Elections Act;

(d) "qualified elector" means a person who meets the requirements of Section 3; and

(e) "voter" means a person who has voted in a plebiscite.

(2) Words defined in the Municipal Elections Act have the same meaning when used in these regulations, unless the context requires otherwise.

Qualifications to vote
3 (1) Despite Section 14 of the Municipal Elections Act, every person who

(a) is the full age of 18 years on ordinary polling day;

(b) is a Canadian citizen on ordinary polling day; and

(c) has been ordinarily resident in the Province for a period of 3 months immediately preceding ordinary polling day and continues to so reside,

is entitled to vote in the plebiscite.

(2) Persons disqualified from voting in a municipal election under Section 15 of the Municipal Elections Act are disqualified from voting in the plebiscite.

(3) The place where a person is ordinarily resident is determined by Section 16 of the Municipal Elections Act.

(4) For greater certainty, a person who meets the requirements of subsection (1) and who is not disqualified under subsection (2) is entitled to vote in the plebiscite even if the person is not qualified to vote in either a municipal or school board election.

Ballots supplied for plebiscite
4 (1) Despite Section 65 of the Municipal Elections Act, ballots for the plebiscite will be printed and supplied by the Province to each municipality by providing ballots to each municipal returning officer, who must then include the ballots with the supplies for each polling station in the municipality.

(2) The plebiscite ballots will be printed on grey paper.

(3) The Province will supply sufficient envelopes for securing the plebiscite ballots for each polling station in the municipality.

Forms supplied for plebiscite
5 The Province will make the following forms available to each municipality:

(a) Form 23A - Directions to Electors - Provincial Sunday Shopping Plebiscite (2004);

(b) Form 34B - Statement of Poll, either hard copy or in electronic format;

(c) Form 36 - Tally Sheet for the Counting of Votes, either hard copy or in electronic format;

(d) Form 38A - Recapitulation Sheet.

Number of electors and polling stations provided to Municipal Elections Officer
6 (1) Upon certification of the final list, the municipal returning officer must provide the number of electors on the final list of electors to the Municipal Elections Officer to enable the Province to supply sufficient plebiscite ballots to the municipality in accordance with Section 4.

(2) Following the close of nominations, the municipal returning officer must provide the number of polling stations in the municipality to the Municipal Elections Officer to enable the Province to supply sufficient plebiscite forms and envelopes to the municipality in accordance with Section 5 and subsection 4(3).

Consolidation of polling divisions if acclamation
7 If a council seat is acclaimed in a polling district, the municipal returning officer must determine the number of polling divisions and the number and location of polling stations necessary to conduct the plebiscite vote in the polling district, keeping in mind the need for convenient access for qualified electors and the number of other elections that are being held in conjunction with the plebiscite in the polling district.

Notice of poll
8 The notice of poll published under Section 50 of the Municipal Elections Act must include notice of the plebiscite and the wording of the plebiscite questions must be included in the advertisement.

Identification of advertiser
9 The plebiscite is not an election for the purposes of Section 143 of the Municipal Elections Act.

Procedure if fewer than 10 electors vote at advance poll
10 If fewer than 10 persons from any advance poll district vote at an advance poll for the plebiscite, the plebiscite ballots must be transferred in accordance with Section 119 of the Municipal Elections Act.

Voting procedures
11 (1) A copy of Form 23A - Directions to Electors - Provincial Sunday Shopping Plebiscite (2004) must be posted in a conspicuous place in every voting station, as well as in each voting compartment.

(2) No agents representing any side of the plebiscite question are permitted to be present in a polling station, or during the counting of the plebiscite ballots after the close of voting.

(3) Qualified electors whose names do not appear on the final list of electors may have their names added to the list and vote in the plebiscite provided that they take the oath or affirmation in Form 31, 31A or 31B, as appropriate.

(4) All qualified electors must be given a plebiscite ballot by the deputy returning officer at the polling station.

(5) After a voter returns a marked plebiscite ballot, a poll clerk must place a check mark in the "Voted for Other" column in Form 30 - Record of Poll.

Counting plebiscite ballots
12 (1) The plebiscite ballots must be counted at each polling station, immediately following the count of any municipal and school board ballots.

(2) The poll clerk must record the plebiscite votes on Form 36 - Tally Sheet for the Counting of Votes, and any other person present after the poll closes who wishes to have a tally sheet may have one and record the votes.

(3) Subject to subsection (4), when counting the plebiscite ballots, the deputy returning officer must call out the vote for the answer to each question that the voter has marked on the ballot, before proceeding to the next ballot.

(4) If only one question on a plebiscite ballot is voted on, the deputy returning officer must call out "no answer" for the question that is not voted on, and only the vote for the answer to the question that is voted on is tallied by the poll clerk.

Counting votes for answers to question
13 (1) Plebiscite ballots must be marked with an "x", a cross "+", or a check mark "", or a facsimile thereof, in the circle to the right of an answer to a question.

(2) A mark that is partially outside the circle may be counted, if there is no uncertainty which answer the voter intended to vote for.

When to reject vote for answer to question
14 (1) The vote for an answer to a question on a plebiscite ballot must not be counted if

(a) both answers to the questions are marked;

(b) it is unclear which answer the elector intended to vote for;

(c) neither answer to the question is marked;

(d) the elector has marked the ballot other than with an "x", a cross "+", a check mark "", or a facsimile thereof;

(e) the mark is not within the circular space on the ballot paper to the right of the answer to the question, in accordance with subsection 13(2).

(2) A vote for an answer to one question on a plebiscite ballot can be rejected without affecting the vote on the answer to the other question.

When to reject ballot - no votes on ballot are counted
15 (1) The following plebiscite ballots must be rejected and the answer to neither question counted:

(a) a ballot on which there is any writing or mark by which the voter can be identified;

(b) a ballot that is so torn, defaced or otherwise dealt with by the voter that the voter can be identified;

(c) a ballot on which the votes on the answers to both questions are rejected under Section 14.

(2) Rejected plebiscite ballots must be placed in the envelope designated for rejected ballots at the polling station.

Securing ballots following count
16 (1) After the count is concluded, the plebiscite ballots that have been counted must be placed in the envelope designated for them, the envelope must then be sealed with a paper seal and the deputy returning officer and poll clerk must sign across the seal along with anyone else who wishes to sign.

(2) The envelope containing the plebiscite ballots must be sealed in the ballot box.

(3) The deputy returning officer must return the envelope containing the plebiscite ballots to the municipal returning officer, along with the other voting materials from the polling station.

Official addition of votes
17 (1) Each municipal returning officer must conduct the official addition of the votes cast in the plebiscite following the official addition of the votes of the municipal and the school board votes, and in the same manner.

(2) The municipal returning officer must enter the results of the official addition of the votes cast in the plebiscite on Form 38A - Recapitulation Sheet.

(3) Upon completion of the official addition, the municipal returning officer must send the completed Form 38A - Recapitulation Sheet to the Municipal Elections Officer who must collect and forward all the forms to the Chief Electoral Officer.

Recount of plebiscite ballots
18 (1) Sections 130 and 131 of the Municipal Elections Act do not apply to the plebiscite.

(2) The Minister may make an application to the Supreme Court for a recount of the plebiscite ballots.

Declaration of results
19 The Province will declare the results of the plebiscite.

Forms for use in plebiscite
20 (1) The ballot to be used for the plebiscite is as set out in Schedule A - Form of Ballot.

(2) The declaration of results of the plebiscite is as set out in Schedule B - Declaration of Results.

(3) The following forms, as attached in Schedule C - Forms Added for Plebiscite, are prescribed for the purposes of the plebiscite and must be included in the poll book where indicated:

Form 23A - Directions to Electors - Provincial Sunday Shopping Plebiscite (2004)

Form 34B - Statement of Poll, included in poll book

Form 36 - Tally Sheet for the Counting of Votes, included in poll book

Form 38A - Recapitulation Sheet

(4) Despite subsection 167(1) of the Municipal Elections Act, the following forms, as attached in Schedule D - Forms Modified for Plebiscite, are prescribed for use in the plebiscite and must be used in substitution for the corresponding forms prescribed under the Municipal Elections Act in the election that is held in conjunction with the plebiscite:

Form 14 - Format of the Poll Book

Form 31B - Oath or Affirmation of Elector Not on the List of Electors

[NOTE: The forms to these regulations are not available in this format, but may be viewed online as published in the Royal Gazette Part II.  Please contact the Registry of Regulations to order a hardcopy.]