O.C. 453/2004

A.R. 215/2004

September 29, 2004

The Lieutenant Governor in Council makes the Senate Nominee Regulation set out in the attached Appendix.

For Information only

Recommended by: Minister of International and Intergovernmental
Relations

Authority: Senatorial Selection Act (section 29)
Election Act (section 207)

APPENDIX

Senatorial Selection Act
Election Act

SENATE NOMINEE REGULATION
Table of Contents

1 Application

2 Forms

3 Additional forms

4 Term of Senate nominee

5 Interpretation

6 Consequential amendments

7 Expiry

Application

1 This Regulation applies to an election under the Senatorial Selection Act that is to be held in conjunction with a general election under the Election Act.

Forms

2 The forms, oaths and notices required under the Senatorial Selection Act are set out in the Schedule.

Additional forms

3 In addition to the forms prescribed in the Schedule,

(a) Forms 3, 7, 11, 15, 17 to 24, 27, 29, 30 and 35 of the Election Act Forms Regulation under the Election Act may be used, without making any specific references to the Senatorial Selection Act, for the purposes of the election under the Senatorial Selection Act and the general election under the Election Act;

(b) Forms 1 to 20 as set out in the Schedule must be used instead of Forms 1, 2, 4 to 6, 8 to 10, 12 to 14, 16, 25, 26, 28 and 31 to 34 of the Election Act Forms Regulation under the Election Act for the purposes of the election under the Senatorial Selection Act and the general election under the Election Act.

Term of Senate nominee

4 The term of a Senate nominee commences on the day the person is declared elected in accordance with the Senatorial Selection Act and expires 6 years from that date.

Interpretation

5(1) For greater certainty,

(a) "polling day" means the day fixed for voting at an election;

(b) "polling place" means a polling place as defined in the Election Act and includes a polling station as defined in that Act.

(2) In the event that 2 or more candidates received the same number of votes, and if it is necessary to determine which candidate is elected, the procedure outlined under section 21(4) of the Senatorial Selection Act applies in order to determine which candidate is elected.

(3) This section expires in accordance with section 29(2) of the Senatorial Selection Act.

Consequential amendments

6 The Senatorial Selection Regulation (AR 121/98) is amended by renumbering section 1 as section 1.1 and by adding the following before section 1.1:

Application

1 This Regulation applies to an election under the Senatorial Selection Act that is to be held in conjunction with general elections under the Local Authorities Election Act.

Expiry

7 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on December 31, 2010.

Schedule

Form 1

Province of Alberta Senatorial Selection Act
(Section 5)

WRIT UNDER THE SENATORIAL SELECTION ACT

        Canada
Province of Alberta

Elizabeth The Second, by the Grace of God, of the United Kingdom, Canada and her other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith.

To    (Name of Chief Electoral Officer)   , Chief Electoral Officer, in the Province of Alberta, Greeting:

We command you that, notice of the time and place of election being given, you do cause an election to be held to elect      person(s) in accordance with the Senatorial Selection Act, and you do cause a nomination of a candidate(s) to be held on the date fixed for nominations for the next general election under the Election Act and in the event of a poll being granted you do cause a poll to be taken on the date fixed for voting for the next general election under the Election Act and you do cause the name of the person(s) so elected by the electors of the Province of Alberta to be certified to the President of the Executive Council.

Dated at the City of Edmonton in the Province of Alberta, this            day of             ,     .

            By Order:

Lieutenant Governor

Received the writ on the        day of       ,     .

Chief Electoral Officer

Form 2

Chief Electoral Officer Senatorial Selection Act

Alberta (Section 46)

Senate Nominee Election
Proclamation

For the purpose of electing person(s) according to the Senatorial Selection Act whose name(s) is (are) to be submitted by the Government of Alberta to the Queen’s Privy Council for Canada as a person(s) who may be summoned to the Senate of Canada for the purpose of filling a vacancy or vacancies relating to Alberta, Public Notice is hereby given to the electors that the following are fixed pursuant to the Senatorial Selection Act:

Nomination of Candidates

Commencing immediately and continuing until 2:00 p.m. on the date fixed for nominations for the next general election under the Election Act, excluding Saturdays, Sundays and holidays, nomination papers may be filed with the Office of the Chief Electoral Officer during normal business hours at [Published Address], for a candidate under the Senatorial Selection Act.

Advance Polls

Advance Polls will be held in each electoral division at the locations designated and on the dates fixed for Advance Polls for the next general election under the Election Act.

Polling Day

Voting will take place on the date fixed for voting for the next general election under the Election Act.

Announcement of Official Results

The announcement of official results will take place at the Office of the Chief Electoral Officer 10 days after the polling date fixed for the next general election under the Election Act.

Additional information concerning Senate Nominee election may be obtained from the Office of the Chief Electoral Officer, [Published Address] [Published Telephone Number], or from the Returning Officer in the applicable Electoral Division:

[Returning Officer’s Name, Electoral Division]

[Published Address]
[Published Telephone Number]

Issued (Date) by (Chief Electoral Officer)

God Save the Queen

Form 3

Chief Electoral Officer Senatorial Selection Act

Alberta (Section 11)

Senate Nominee Election
Nomination Paper

The electors whose names appear on the attached lists hereby nominate:

(Given Name/Initial(s)/Surname)

of (Address within Alberta where documents may be served and notices given) as a Candidate for the purpose of electing a person according to the Senatorial Selection Act, whose name is to be submitted by the Government of Alberta to the Queen’s Privy Council for Canada as a person who may be summoned to the Senate of Canada for the purpose of filling a vacancy relating to Alberta, and that they desire the person to be described on the ballot paper as:

(Any combination of Given Name, Initial(s) or Nickname and Surname) representing (Registered Political Party or independent)

Declaration of Candidate and
Appointment of Official Agent

I, (Candidate) , declare that I am eligible according to the Senatorial Selection Act to be a Candidate and I consent to my nomination.

I appoint (Name) of (Address) , (Telephone Number) , as my Official Agent.

I further declare that I am a registered candidate under the Election Finances and Contributions Disclosure Act and that (check one)

(a) □ the attached certificate from (Registered Political Party) confirms my endorsement as the official Candidate under the Senatorial Selection Act.

(b) □ I am an independent Candidate under the Senatorial Selection Act.

(Date) (Candidate’s Signature)

Receipt for Deposit and Nomination Paper

Received from (Candidate or Official Agent) the sum of $4,000 as a nomination deposit and the nomination paper filed pursuant to the Senatorial Selection Act.

(Date) (Chief Electoral Officer’s Signature)

Form 4

Chief Electoral Officer Senatorial Selection Act

Alberta (Section 11)

Page ____ of ____

Senate Nominee Election
Nomination Paper - Declaration of Support

We the undersigned qualified electors of the Province of Alberta hereby nominate:

(Given Name/Initial(s)/Surname) of (Address) as a candidate under the Senatorial Selection Act, whose name is to be submitted to the Queen’s Privy Council for Canada for the purpose of filling a vacancy in the Senate of Canada.

Printed Name of Elector

Address

Telephone

Signature

Date

Affidavit of Attesting Witness

I, the undersigned elector, swear (or solemnly affirm) that I witnessed the signatures of the electors recorded on this Nomination Paper.

SWORN (OR AFFIRMED) BEFORE )
ME at the                                         of )
                             , in the Province of )
Alberta, this          day of           ,        . )
)
     )
(Returning Officer, Justice of the Peace )   (Signature of Attesting Witness)
Commissioner for Oaths or Notary Public) )

Form 5

Chief Electoral Officer Senatorial Selection Act

Alberta (Section 11)

Senate Nominee Election
Candidate’s Nomination
Endorsement Certificate

I certify that (Nominee) is a Candidate officially endorsed by the:

(Name of Registered Political Party) for an election under the Senatorial Selection Act.

(Date) (Signature of authorized Representative

of the Registered Political Party)

Form 6

Chief Electoral Officer Senatorial Selection Act
      Alberta (Section 14)

Senate Nominee Election
Acclamation

I hereby certify and declare that the person(s) elected for the Province of Alberta pursuant to the writ under the Senatorial Selection Act is (are):

    Name(s)                                                    Political Affiliation





No other candidates having been nominated.
or
The other candidate(s) having withdrawn.

      (Date)          (Signature of Chief Electoral Officer)

Form 7

Chief Electoral Officer Senatorial Selection Act

Alberta (Section 18)

Senate Nominee Election
Official Agents of Nominated Candidates

Candidate and Political Affiliation

Official Agent/ Telephone No.

Campaign Address

(Signature of Chief Electoral Officer)

Form 8

Chief Electoral Officer Senatorial Selection Act

Alberta (Section 34)

Senate Nominee Election
Notice of Poll Being Granted
and Candidates Nominated

PUBLIC NOTICE is hereby given to the electors of the Province of Alberta that a poll has been demanded at the election now pending under the Senatorial Selection Act and that I have granted such poll; and further that the persons duly nominated as candidates at the said election and for whom votes will be received are:

Name Political affiliation

(Date) (Signature of Chief Electoral Officer)

Form 9

Senatorial
Selection
(year)

Back of Ballot

Initials of DRO

Number from Poll Book _____

First Fold

Printed by (Printer’s name)

Second Fold

Form 10

Senatorial Selection

This ballot shall not be marked for

more than (number of candidate(s) to be elected) candidate(s).

Front of Ballot

Name of Candidate Political Party or Independent

Name of Candidate Political Party or Independent

Name of Candidate Political Party or Independent

Name of Candidate Political Party or Independent

Name of Candidate Political Party or Independent

Form 11

Chief Electoral Officer Senatorial Selection Act

Alberta (Section 20)

Senate Nominee Election
Affidavit of Printer

I, , swear (or solemnly affirm):

that by direction of the Chief Electoral Officer for the Province of Alberta I printed ballots for use at the election to be held under the Senatorial Selection Act on the day of , ;

that the attached sample shows the description of the ballots printed by me;

that I supplied the Chief Electoral Officer with (number of ballots) of such ballots; and

that no other of such ballots were printed by or supplied by me to anyone.

SWORN (OR AFFIRMED) BEFORE ME at

the (City, Town, etc.)

of (Name of City, Town, etc.)

in the Province of Alberta, this (Signature of Printer)

day of , .

(Justice of the Peace, Commissioner

for Oaths or Notary Public)

Form 12

Chief Electoral Officer Senatorial Selection Act

Alberta

Direction for Guidance of Voters

THE VOTER MUST vote for not more than candidate(s) by the use of the "X" mark opposite the name(s) of the candidate(s) of the voter’s choice in the white circle provided.

THE VOTER IS to refold the ballot and return it to the Deputy Returning Officer for removal of counterfoil and placement of ballot in ballot box.

IF THE VOTER SPOILS a ballot, the voter may return it to the Deputy Returning Officer who will give the voter another ballot.

SENATE NOMINEE ELECTION

THE VOTER MUST vote for not more than (number of candidates) by the use of the "X" mark opposite the name(s) of the candidate(s) of the voter’s choice in the white circle provided.

Candidate

Candidate

Candidate

A ballot marked in more than (number of candidates) circles will not be counted.

Form 13

Chief Electoral Officer Senatorial Selection Act

Alberta

Senate Nominee Election Special Ballot

Initials of returning officer
election clerk or administrative assistant

Serial No.


Supplied by the Chief Electoral Officer                     (year)

Form 14

Print the name(s) of up to    (number of person(s) to be elected)    different Senate Nominee candidates on the lines below

I vote for:



I vote for:



I vote for:

Form 15

Chief Electoral Officer Senatorial Selection Act

Alberta

Senate Nominee Election
Special Ballot Envelope

Insert the marked ballot into this envelope and seal it.

Insert this envelope into the Special Ballot Certificate Envelope and seal it.

Form 16

Chief Electoral Officer Senatorial Selection Act

Alberta

Senate Nominee Election
Statement of Poll

Electoral Division of (Name of Electoral Division)

Polling Station Number Location

Number of Ballots Received from Returning Officer                       1

Number of Ballots Counted for Each Senate Nominee Candidate

               Candidate                         Number of Votes    (R.O. Use Only)













Total Votes Cast for Candidates



Number of Valid Ballots

2

Number of Spoiled Ballots

(Ballots spoiled by electors and
returned to DRO) 3

Number of Declined Ballots

(Ballots returned to DRO by
electors who declined to vote) 4

Number of Ballots Not Used

(Unused ballots returned to RO) 5

Number of Rejected Ballots

(Ballots deposited in ballot box
but not counted as valid) 6

Number of Ballots Removed from
Polling Place 7

                                              Total 8

                   (Sum of 2, 3, 4, 5, 6, 7)

8

                                                                        To balance, Line 8 equals Line 1

Total number of names on the List of Electors
including all those sworn in:

Number of voters recorded in the Poll Book as
having voted:

(Signature of Poll Clerk) (Signature of Deputy Returning Officer) (Date)

Form 17

Chief Electoral Officer Senatorial Selection Act

Alberta (Section 21)

Senate Nominee Election
Certificate and Return

I hereby certify that at the election held under the Senatorial Selection Act on the day of , , the following candidates received the number of votes set opposite their names:

Name of Candidate

Political Affiliation

Votes Received

I hereby certify that the person(s) elected under the Senatorial Selection Act is(are):

Name

Political Affiliation

Dated at , Alberta

(Date) (Signature of Chief Electoral Officer)

Form 18

Chief Electoral Officer Senatorial Selection Act

Alberta (Section 21)

Senate Nominee Election
Statement of Official Results

Page __ of __

Respecting votes polled and ballots used at the polls for the electoral division of

at the election held on the day of , .

Poll

Number

Name of Poll

Name, political affiliation and number of votes polled for EACH candidate in the order that they appeared on the ballot

Number of Votes Cast

(Total of Columns A – K)

Number of Valid Ballots
(From Statement of Poll)

Number of Spoiled Ballots

(Ballots spoiled by electors and returned to DRO)

Number of Declined Ballots
(Ballots returned to DRO by electors who declined to vote)

Number of Ballots Not Used

(Unused ballots returned to RO)

Number of Rejected Ballots

(Ballots deposited in ballot box but not counted as valid)

Number of Ballots Removed from Polling Place

Number of Ballots Sent to
Each Poll

(Total of Columns 3, 4, 5, 6 ,7 & 8)

Total Number of Names on List of Electors (including those sworn in at advance & polling day)

Subtotal/Total

Certified Correct
(Signature of Returning Officer)

Form 19

Chief Electoral Officer                         Senatorial Selection Act

        Alberta                                                                (Section 23)

Senate Nominee Election
Disclaimer

I,     (Print Name of Disclaimant)    , having been declared elected at the     (Day/Month/Year)     election under the Senatorial Selection Act, request that my name not be submitted to the Queen’s Privy Council for Canada, or that, if my name has been submitted, the submission be withdrawn; and do hereby disclaim my right to have my name forwarded to the Queen’s Privy Council for Canada.

   (Print Name of Disclaimant)          (Signature)

     (Print Name of Witness)            (Signature)

    (Print Address of Witness)

         Filed at my office this                day of                     ,       .

                                             (Signature of Chief Electoral Officer

Form 20

Chief Electoral Officer Senatorial Selection Act

Alberta (Section 21, 51)

Senate Nominee Election
Tabulation of Official Results