• 12. (1) An elector who receives a soiled or improperly printed ballot paper, or inadvertently spoils his ballot paper in marking it shall, upon returning the ballot paper to the electoral officer or the deputy electoral officer, be entitled to another ballot paper.

• (2) An elector who has received a ballot paper and

  • (a) leaves the compartment for marking ballot papers without delivering the same to the electoral officer or the deputy electoral officer in the manner provided, or

  • (b) refuses to vote,

  shall forfeit his right to vote on the referendum and the electoral officer or the deputy electoral officer shall make an entry on the list of electors opposite the name of the elector that the elector did not return the ballot paper or refused to vote as the case may be.

13. The electoral officer or the deputy electoral officer shall allow only one elector in the compartment for marking ballot papers at any one time.

14. [Repealed, SOR/2000-392, s. 10]

15. No person shall interfere or attempt to interfere with an elector when marking his ballot paper or obtain or attempt to obtain at the polling place information as to how an elector is about to vote or has voted.

16. The electoral officer and deputy electoral officer shall maintain peace and good order during the voting.

17. Whenever the electoral officer or the deputy electoral officer does not understand the language spoken by an elector, he or she shall enlist the aid of an interpreter to communicate with respect to all matters required to enable that elector to vote.

17.1 As soon as is practicable after the close of the polls, the electoral officer shall, in the presence of the deputy electoral officer and any members of the council of the band who are present, open each envelope containing a mail-in ballot that was received before the close of the polls and, without unfolding the ballot,

• (a) set aside the ballot if

  • (i) it was not accompanied by a voter declaration form, or the voter declaration form is not signed or witnessed,

  • (ii) the name of the elector set out in the voter declaration form is not on the voters list, or

  • (iii) the voters list shows that the elector has already voted; or

• (b) place a mark on the voters list opposite the name of the elector set out in the voter declaration form and deposit the ballot in a ballot box.

• 18. (1) As soon as is practicable after the mail-in ballots have been deposited under section 17.1, the electoral officer shall, in the presence of the deputy electoral officer and any members of the council of the band who are present, open all ballot boxes and

  • (a) examine the ballot papers;

  • (a.1) set aside any ballot that does not have the initials of the electoral officer or deputy electoral officer on the back;

  • (b) reject all ballot papers

    • (i) [Repealed, SOR/2000-392, s. 12]

    • (ii) that have been marked incorrectly, or

    • (iii) upon which anything appears by which an elector can be identified;

  • (c) count the votes given in favour of and against the question submitted in the referendum; and

  • (d) prepare a statement in writing of the number of votes so given and of the number of ballot papers rejected.

• (2) The statement referred to in paragraph (1)(d) shall be

  • (a) signed by the electoral officer and by the chief or a member of the council of the band; and

  • (b) filed in the local office of the Department of Indian Affairs and Northern Development.