|
- Updated to: June 18, 2003 -
CHAPTER M-13
MUNICIPALITIES ACT
REGULATIONS
|
|
|
Pursuant to section 67 of the
Municipalities Act R.S.P.E.I. 1988, Cap.
M-13, Council made the following regulations:
|
|
Prescribed amount
|
1. For the
purposes of subsection 27(4) of the Act the amount prescribed is $50,000.
(EC252/84; 18/92)
|
|
Form 1
|
2. The form
of oath of office to be taken by the mayor or chairman and the councillors of
a municipality pursuant to section 20 of the Act is set out in Form 1 of the
Schedule. (EC252/84)
|
|
Form 1.1
|
2.1
The form of notice of election for the purposes of clause 49(3)(d) of the Act
and subsection (6) of Schedule 2 of the Act is set out in Form 1.1 of the
Schedule. (EC356/93)
|
|
Form 2
|
3. The
form of nomination papers for the purposes of clauses 48.1(2)(a) and 49(3)(b)
of the Act and subsection (8) of Schedule 2 of the Act is set out in Form 2 of
the Schedule. (EC356/93)
|
|
Form 3
|
4. The
form of warrant to the returning officer directing him to hold a poll pursuant
to subsection (15) of Schedule 2 of the Act is set out in Form 3 of the
Schedule. (EC252/84)
|
|
Form 4
|
5. The form
of the oath of an elector voting at an advance poll pursuant to subsection
(18) of Schedule 2 of the Act is set out in Form 4 of the Schedule.
(EC252/84)
|
|
Form 5
|
6. The
form of the oath of office to be taken by the returning officer or deputy
returning officer pursuant to subsection (21) of Schedule 2 of the Act is set
out in Form 5 of the Schedule.
(EC252/84)
|
|
Form 6
|
7. The form
of the oath of office to be taken by a poll clerk pursuant to subsection (22)
of Schedule 2 of the Act is set out in Form 6 of the Schedule.
(EC252/84)
|
|
Form 7
|
8. The form
of declaration by an elector whose name is not entered on the list of electors pursuant to
subsection (24) of Schedule 2 of the Act is set out in Form 7 of the Schedule.
(EC252/84)
|
|
Form 8
|
9. The
form of the oath to be taken by a challenged elector pursuant to subsection
48(5) of the Act and subsection (26) of Schedule 2 of the Act is set out in
Form 8 of the Schedule.
(EC252/84; 356/93)
|
|
Form 9
|
10.
The form of the oath to be taken by an agent of a candidate pursuant to
subsection (30) of Schedule 2 of the Act is set out in Form 9 of the Schedule.
(EC252/84)
|
|
Form 9.1
|
10.1 The
form of oath to be taken by an impersonated elector pursuant to subsection
(39) of Schedule 2 of the Act is set out in Form 9.1 of the Schedule.
(EC356/93)
|
|
Form 10
|
11.
The form of the oath to be taken by an incapacitated elector pursuant to
subsection (38) of Schedule 2 of the Act is set out in Form 10 of the
Schedule. (EC252/84)
|
|
Form 11
|
12. The
form of the oath to be taken by a returning officer after completion of the
poll pursuant to subsection (46) of Schedule 2 of the Act is set out in Form
11 of the Schedule.(EC252/84)
|
|
Form 12
|
13. The
form of the oath to be taken by a poll clerk after completion of the poll
pursuant to subsection (46) of Schedule 2 of the Act is set out in Form 12 of
the Schedule. (EC252/84)
|
|
Form 13
|
14.
The form of the election return pursuant to subsection (49) of Schedule 2 of
the Act is set out in Form 13 of the Schedule.
(EC252/84)
|
|
|
SCHEDULE
|
|
|
FORM 1 |
|
|
|
OATH OF OFFICE
I,
__________________________ do solemnly swear that I am duly qualified as
required by law for the office of Mayor, Chairman or Councillor (as the
case may be) of the Town or Community of _______________________ to which
I have been elected and that I will diligently, faithfully, and
impartially and to the best of my ability discharge the several duties
which appertain to the said office while I hold the same. So help me God.
Subscribed and sworn
before me at ____________ in ___________ County this _______ day
___________ of ____________ 20_____ .
______________________________
Administrator, Justice of the Peace, or
Provincial Court Judge
|
|
|
|
FORM 1.1 |
|
|
NOTICE OF ELECTION
|
|
|
Notice is
hereby given to the electors of the _____________________
(Town or Community)
of ___________________ that nominations will be received at the office
of the Administrator until four o'clock in the afternoon on ___________
the _________ day of _____________ , 20 ___ for the position of
__________________________.
(Mayor & Councillor, or Councillor)
If more persons are duly
nominated than there are available positions, then a poll will be held
on the ___________ day of _____________ , 20 ______ from the hour of
nine o'clock in the morning until seven o'clock in the evening
at_______________________ .
An advance poll will be
held on _______________ , the __________ day of
__________ , 20 _____ at ____________________ from the hour of nine
o'clock in the morning until seven o'clock in the evening.
(Communities should omit
last paragraph if their election bylaw does not provide for an advance
poll.)
____________________________ ____________________________
(Date)
(Administrator)
|
|
|
|
(EC356/93; EC699/00)
|
|
|
FORM 2 |
|
|
NOMINATION PAPERS
|
|
|
We, the undersigned electors of
the ____________________________
(Town or Community)
of __________________ , hereby nominate ___________________ as a
candidate for ___________________ at the election now about to be held.
(Mayor or Councillor)
Witness our hands this ____________ day of __________ ,
20 ____ .
_________________________
_________________________
Elector's
Name
Elector's Signature
_________________________
_________________________
Elector's
Name
Elector's Signature
I, the said _____________________________ , nominated in the foregoing
nomination paper, declare that I am qualified to stand for election, and I hereby consent to such nomination.
Witness my hand this ___________ day of ____________ , 20 ____ .
Signed by the said nominee
in the presence of
________________________ ___________________________
(Witness's Signature)
(Nominee's Signature)
|
|
|
|
(EC356/93; EC699/00)
|
|
|
FORM 3 |
|
|
WARRANT TO RETURNING OFFICER
|
|
|
| To _______________________________ (name,
occupation and residence).
Know that you are hereby authorized
and required to open and hold a poll for the election of a Mayor and six Councillors (or as the case may be) for the Town of
_____________ on the ______ day of _________ 20 ____ , at the hour of 9:00 a.m. at (here described the place at which the poll is to be opened) and
there to keep the said poll open during the hours prescribed by law, and to take at the said
polling place by ballot, in the manner by law provided, the votes of the electors
voting at the said election, and, after counting the votes given and performing the other duties,
required of you by law, to certify to me on the back hereof, forthwith, the name of
the candidate for the office of Mayor having the greatest number of votes, and the
names of the candidates (as the case may be) for the office of councillors having the
greatest number of votes, and also to return to me the ballot boxes and ballots, voters' list
in their respective wards, poll book and other documents required by law, together with this
warrant.
Given under my hand and the corporate
seal of the Town of ______________ this _______ day of ______________ 20 ___ .
______________________
Administrator
|
|
|
|
FORM 4 |
|
|
OATH OF ELECTOR AT ADVANCE POLL
|
|
|
|
I, the undersigned, swear that my name
is on the official list of electors for the Town of _____________________ in the polling division or ward
_____________________ and that I believe I will be necessarily absent on polling day and for that reason
will be unable to vote.
My full name and address are:
NAME _____________________
ADDRESS __________________
Signature of elector
______________________
Sworn before me this ___________ day of
____________ 20 ____ .
Signature of Returning Officer
________________________________
|
|
|
|
FORM 5 |
|
|
OATH OF RETURNING OFFICER
|
|
|
| I, the undersigned ____________________ appointed
Returning Officer or Deputy Returning Officer for the election of Mayor and Councillors (or as the case may be)
for the Town of __________________________ solemnly swear that I will act faithfully
in my said capacity of returning officer or deputy without partiality, favour, fear
or affection. So help me God.
Signature _________________________
Sworn to before me this _______ day of
_____________ 20 _____ .
Signature
__________________________________
Commissioner for Affidavits
|
|
| |
FORM 6 |
| |
OATH OF POLL CLERK
|
| |
| I, the undersigned _______________ appointed as
Poll Clerk for the election of Mayor and Councillors (or as the case may be) for the Town of _____________
do hereby solemnly swear that I will act faithfully in my capacity of Poll Clerk,
according to law, without partiality, fear, favour or affection. So help me God.
Sworn to before me this ______ day
____________ of 20_____ .
Signature
__________________________________________
Returning Officer
|
|
| |
(EC356/93, EC699/00) |
| |
FORM 7 |
| |
DECLARATION OF ELECTOR
|
| |
| I, the undersigned, declare that I am a qualified
elector of the Town of _____________ and I hereby require that my name be added to the official list of
electors in the polling division or ward _____________ .
My full name and address are:
NAME _____________________________
ADDRESS __________________________
Signature of Elector
____________________________
|
|
| |
FORM 8 |
| |
OATH OF CHALLENGED ELECTOR
|
| |
I, _________________________ , do solemnly swear (or affirm)
that I have not
(name of challenged elector)
already voted at the present election for the _________________
(Town or Community)
of ___________________________ , and that I am duly qualified and entitled to vote at this election. So help me God. [Delete last sentence if affirming.]
Sworn (or affirmed) before me
)
this _______ day of _______ )
20 ____ .
)
)
___________________________
___________________________
Returning Officer
(Signature of Challenged Elector)
|
|
| |
(EC356/93, EC699/00)
|
| |
FORM 9 |
| |
OATH OF AGENT OR ELECTOR REPRESENTING A CANDIDATE
|
| |
I, the undersigned __________________________ agent for or elector
representing ______________________ one of the candidates, at the election now
pending, solemnly swear that I will keep secret the names of the candidates for
whom any of the voters may have marked his ballot paper in my presence at this election.
So help me God.
Sworn to before me this _________ day of
____________ 20 ____ .
Signature
_____________________________________________
Returning Officer or Commissioner for Affidavits
|
|
|
|
| |
FORM 9.1 |
| |
OATH OF IMPERSONATED ELECTOR
|
| |
I, ________________________ , do
solemnly swear (or affirm)
(name of elector)
that I am the person named on the list of electors for the ____________
(Town or Community)
of ___________________ as ______________ , and that I
(name of elector)
have not already voted at the present election.
Sworn (or affirmed) before me
)
this _________ day of _______ )
20 ____ .
)
)
___________________________
___________________________
Returning Officer
(Signature of Elector)
|
|
| |
(EC356/93;
EC699/00) |
| |
FORM 10 |
| |
OATH OF INCAPACITATED ELECTOR
|
| |
|
I, the undersigned, swear that I am
unable to read or am incapacitated from voting by physical cause and apply for the assistance of the returning officer in marking my
ballot.
Signature or mark of elector
_______________________________
Sworn to before me this
______ of _____________ 20 ___ .
Signature of Returning Officer
___________________________
|
|
| |
FORM 11 |
| |
OATH OF RETURNING OFFICER AFTER THE CLOSING OF
THE POLL
|
| |
| I, Returning Officer
______________________ for
the election of Mayor and Councillors, (or as the case may be) for the Town of
_______________
do solemnly swear that to the best of my knowledge and belief, the Poll Book kept
for the said election under my direction has been kept correctly, and that to the best
of my knowledge and belief it contains a true and exact record of the votes given at the
said election, that I have faithfully counted the votes given for each candidate in the
manner by law provided and the number of votes given for each candidate is as follows
(name, number of votes for each candidate).
I have performed all duties required
for me by law, and that the report, packets of ballot papers and other documents required by law to be returned by me to the
Administrator have been faithfully and truly prepared, and placed within the ballot box.
Signature
________________________________________________
Returning Officer
Sworn to before me this
_____ day of ______________ 20 _____ .
Signature
________________________________
Commissioner for Affidavits
|
|
| |
FORM 12 |
| |
OATH OF THE POLL CLERK AFTER CLOSING THE POLL
|
| |
| I, the undersigned Poll Clerk, for the election of
Mayor and Councillors, (or as the case may be) for the Town of ________________________________ do solemnly swear that the poll book for the said election under the direction of M. N. who acted as
Returning Officer therein, has been so kept by me under his direction as aforesaid,
correctly and to the best of my skill and judgment, that the number of votes given for
each candidate is as follows:
And to the best of my knowledge and belief it
contains a true and exact record of the votes given at the said election (as the case may be) as the said votes were taken
at the said poll, by the said Returning Officer.
Signature
____________________________________________________
Poll Clerk
Sworn to and subscribed before me this
______ day of ________ 20__.
Signature _____________________________
Commissioner for Affidavits
|
|
| |
FORM 13 |
| |
RETURN AFTER A POLL HAS BEEN TAKEN
|
| |
| I certify
that the candidate elected for the office of Mayor in pursuance to the
within written warrant as having received the greatest number of votes,
lawfully given, is _____________________ and the candidate or candidates
elected for the office of councillors (as the case may be) in pursuance
to the within written warrant, as having received the greatest number of
votes lawfully given for the respective wards for which the said
candidates were nominated, are as follows: (and for the wards
following):
Signature ____________________________
Returning Officer
|
|
| |
(EC252/84; EC699/00)
|
|
_______ |
