A

person disqualified, if a member, vacates his seat and incurs a penalty of $200 a day1.

Corrupt 4. Persons guilty of corrupt practices at elections.

Practices.

Revising officers.

Other officers.

Form of
Writ.

(a) If it be proved on the trial of an election petition that any corrupt practice has been committed by any candidate, or with his actual knowledge, or if any candidate be convicted of bribery or undue influence, the election is void, and such candidate is to be incapable of being elected to the House for seven years.

(b) Persons other than candidates found guilty of corrupt practices are to be incapable of being elected to the House for a period of eight years 3.

5. A revising officer cannot be a candidate for the electoral district for which he is revising officer, nor for two years after he resigns his office.

6. Sheriffs, Registrars of Deeds, Clerks of the Peace and County Crown Attornies are also disqualified.

4. METHOD OF ELECTION.

Every writ for the election of a member is dated and is returnable at such time as the Governor-General determines. The day on which the nomination of candidates is to take place is mentioned in the writ, and such day must, in the case of a General Election, be the same for the whole Dominion, except in the electoral districts in British Columbia and the districts of Algoma in Ontario, and of Gaspé, Chicoutimi and Saguenay in Quebec, where the day is fixed by the returning officer.

The usual form of writ is as follows:

Victoria, by the grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the faith. To the [Returning Officer]

GREETING.

day of

Whereas by the advice of our Privy Council for Canada We have ordered a Parliament to be holden at Ottawa on the [Omit this preamble except in case of a General Election], We command you that notice. of the time and place of election being duly given You do cause Election to be made according to law of a Member to serve in the House of Commons of Canada for the Electoral District of [Except in the case of a General Election insert here in the place of deceased or otherwise stating the cause of vacancy] and [except in the Electoral Districts mentioned in s. 2 of 37 Vic. c. 9] that you do cause the nomination of Candidates at such Election to be held on the next and that you do cause the name [or names] of such member [or members] when so elected whether he [or they] be present or absent to be certified to our Clerk of the Crown in Chancery on or before the

day of

day of

next.

WITNESS Our Right Trusty and Well-beloved &c., Governor-General of our Dominion of Canada at our City

Where a vacancy occurs in any Electoral District owing Vacancies. to death, resignation or other cause, the fact of the vacancy is brought to the Speaker's notice in either of two ways, (1) by a member giving notice from his place, or (2) by a notice in writing under the hands and seals of any two members.

The usual form of notice is as follows:
Dominion of Canada

To wit

House of Commons.

To the Hon. the Speaker of the House of Commons.

We the undersigned hereby give notice that a vacancy hath occurred in the representation in the House of Commons

Notice of
Vacancy.

for the Electoral District of [here state Electoral District, cause of vacancy and name of Member vacating seat].

Given under our Hands and Seals at

day of

18

Member for the Electoral District of

this

of

Warrant

for Elec

tion.

The Speaker then issues his warrant to the Clerk of the Crown in Chancery for the issue of a new writ for the election of a Member to fill the vacancy'. The warrant is as follows:

Dominion of Canada)

To wit

}

House of Commons.

To the Clerk of the Crown in Chancery.

These are to require you to make out a new writ for the election of a Member to serve in this present Parliament for the Electoral District of

of

in the room

who since his election for the said Electoral

District hath [here state reason for issue of warrant]

Given under my hand and seal this

the year of Our Lord

day of Speaker.

in

Proclamation.

If there be no Speaker, or if the Speaker be absent from Canada, then any two members can issue such warrant.

If a vacancy occur after a General Election, but before the meeting of Parliament, a new writ is to issue, but this is not to affect the rights of any person entitled to contest the previous election.

Within a certain time, varying in the Provinces from 8 to 20 days after the receipt of the writ, the returning officer

issues a Proclamation stating the place and time for the nomination of candidates, the day on which a poll will be taken if necessary, the polling stations fixed by him and the place and time where he will count the votes.

Before issuing the proclamation it is the duty of the Duties of Returning Returning Officer, after ascertaining the number of persons Officer. qualified to vote, to see that there are a sufficient number of polling districts, and power is given him to subdivide the districts appointed by the Legislature or by the local authorities so that there may be one polling district for every 200 voters.

Public notice is hereby given to the Electors of the Electoral District aforesaid, that, in obedience to Her Majesty's writ to me directed and bearing date the

day

I require the presence of the said Electors at

in the County [or City or Town] of

of

day of

month of

on the from noon until two of the clock in the afternoon, for the purpose of nominating a person [or persons] to represent them in the House of Commons of Canada: and that in case a Poll be demanded and allowed in the manner by law prescribed, such Poll will be opened on the day of the month of

in the year

from the hour of 9 in the morning till 5 of

the clock in the afternoon, in each of the Polling Districts, that is to say:

For the Polling District No. 1, consisting of

Form of Proclamation.

at

And further that on the day of

at

I shall open the ballot boxes, sum up the votes given for the several candidates and return as elected the one having the majority of votes.

Of which all persons are hereby requested to take notice and govern themselves accordingly.

Nomina

tion of Candidates.

Deposit.

Poll.

Candidates are nominated in writing signed by 25 electors. The nomination paper is not valid unless accompanied by the written consent of the candidate, except when he is absent from the Province, in which case such absence is to be stated in the nomination paper.

One of the persons filing the nomination is required to make oath before the Returning Officer that he knows the several persons who have signed the nomination paper to be electors duly qualified to vote; that they signed the paper in his presence; and that the consent of the candidate was signed in his presence, or that the candidate was absent from the Province.

A sum of 200 dollars also has to be deposited with the Returning Officer. This sum is returned to the candidate if he is elected, or if he polls half as many votes as those given the successful candidate: otherwise the sum is to belong to the Dominion and to be applied by the Returning Officer in defraying the expenses of the election'.

If a poll is necessary, it takes place on the day fixed. The voting takes place by ballot, and the poll remains open from nine in the morning till five in the afternoon. On the close of the poll the Returning Officer counts the votes and declares that candidate who is found to have a majority of votes elected. If an equality of votes exists between two or more candidates, the Returning Officer may give a casting vote.

1 R. S. C. c. 13, s. 8, ss. 19-23.