Where the procedures contained within this document do not provide for any matter, an election to which these procedures apply shall be conducted in accordance with the principles of the Municipal Elections Act, 1996. These principles are generally recognized as being:

It is necessary to establish procedures for the use of the mail-in-ballot method and central scanning tabulators, which are consistent with the principles of the Municipal Elections Act, 1996. Section 42(3) of the Act requires that the Clerk establish procedures and forms for the use of any alternative voting method and provide a copy of the procedures and forms to each candidate.

With respect to matters of policy and procedures for alternative voting methods and all other municipal election matters, the Clerk’s decision is final.

If it is necessary at any time, up to and including Election Day to amend procedures, a copy of the amendment will be mailed to each candidate at the address shown on the nomination form or faxed to the number shown on the nomination form or emailed to the email address shown on the nomination form.

The giving of notice for nominations shall be placed in the Wellington Advertiser between the 2^nd day of January and the 29^th day of September, 2006.

Nomination Papers and Candidate’s Declaration of Qualification (EL 01) for the following offices will be available to the public at the Clerk/Returning Officer's Office:

• Mayor - 1 to be elected
• Councillors – 4 to be elected
• Board of Education – English Language Public School

- English Language Separate School - French Language Public School

from January 3rd, 2006 to Thursday, September 28th, 2006 during regular business hours, and between 9:00 a.m. and 5:00 p.m. on Friday, September 29th, 2006 (Nomination Day). Completed Nomination Papers will be received by the Clerk/Returning Officer or his/her designate at the Municipal Office, 7275 Sideroad 3, Township of Mapleton.

The Nomination Paper will be accepted only pursuant to Section 33 of the Act.

A filing fee of $200.00 is required at the time of nomination for the office of Mayor. A filing fee of $100.00 is required at the time of nomination for all other offices. Please note that the fee shall be paid by cash, certified cheque or money order.

The date and time of filing are to be filled in and the Nomination Paper is to be signed.

The Nomination Paper will then be reviewed by the Clerk/Returning Officer or Deputy Returning Officer.

All nomination papers will be formally certified on October 2, 2006. The Clerk/Returning Officer shall post a certified listing of candidates at the Municipal Office on Monday, October 2, 2006.

Nomination Papers will be received at the Municipal Office, 7275 Sideroad 3, Township of Mapleton, between 9:00 a.m. and 5:00 p.m. on Nomination Day. No Nomination Papers will be accepted after 5:00 p.m. on Nomination Day.

Procedure for the handling of Nomination Papers on Nomination Day will be the same as above.

The Preliminary List of Electors supplied by the Municipal Property Assessment Corporation shall be delivered to the Clerk/Returning Officer by the 31st day of July 2006.

The onus is on eligible electors to ensure that their names are on the Voters’ List.

The preliminary list shall contain the name and address of each person who is entitled to be an elector and additional information the Clerk/Returning Officer needs to determine which offices each elector is entitled to vote, (ie. school support). The Returning Officer shall, to the best of her abilities and legislative authority, ensure that an elector’s name appears only once on the preliminary list of electors. The Clerk/Returning Officer shall correct any obvious errors and notify the Municipal Property Assessment Corporation.

Due to a policy change at the Municipal Property Assessment Corporation, the letter "U" may appear opposite some names on the Preliminary List of Electors(PLE)/Voters’ List. This signifies that the Municipal Property Assessment Corporation does not have verification that the person is a Canadian Citizen. For the municipal election in 2006, election staff will assume that all voters on the PLE/Voters’ List are Canadian Citizens if they sign the declaration form stating that they are Canadian Citizens. Should an individual appear at any of the offices where revisions to the PLE can be made, staff should review the listing and if a "U" appears by the name, ensure that an Oath of Qualification – Electors (EL 10) is completed and signed by the elector indicating his/her citizenship.

The PLE as corrected constitutes the Voters’ List, shall be certified by the Clerk/Returning Officer, and will be available by September 5^th, 2006. The Clerk/Returning Officer shall place in the Wellington Advertiser on Friday, September 8^th, 15^th and 22^nd, a Notice of the Posting of the Preliminary List of Electors and complete the Posting of Preliminary List of Voters (EL 03).

The Voters’ List may be amended using the prescribed form – Application to Amend Voters’ List (EL 20) between the 5th day of September, 2006 and the 10^th day of November, 2006 during regular business hours at the Municipal Office, and on the 13th day of November, 2006 from 10:00 A.M. to 8:00 P.M. at the Ballot Return Station located at the Municipal Office.

The Clerk/Returning Officer shall, within 10 days following nomination day (October 10^th, 2006), prepare an interim list of changes to the Voters’ List and a copy of such interim list of changes shall be given to each person who received a copy of Voters’ List.

The Clerk/Returning Officer shall prepare the Final List of Changes to the Voters’ List after November 13, 2006. A certified copy of the final list of changes shall be sent to the Municipal Property Assessment Corporation together with a copy of the approved applications.

The Preliminary List of Electors and Voters’ List have been compiled for the public to be used for election purposes only. These documents may be inspected by the public at the Clerk’s Office commencing on Tuesday, September 5, 2006 during normal office hours under the supervision of an Election Official.

On written request, the Clerk/Returning Officer shall provide a copy of the Voters’ List to,

• the secretary of a local board any of whose members are required to be elected at an election conducted by the Clerk/Returning Officer, or that has submitted a question to the electors;
• the Clerk/Returning Officer of the local municipality responsible for conducting the elections in any combined area for school board purposes;
• the Clerk/Returning Officer of an upper-tier municipality any of whose members are required to be elected at an election conducted by the Clerk/Returning Officer, or that has submitted a by-law or question to the electors; and
• the Minister, if he or she has submitted a question to the electors.

On the written request of a candidate for an office, the Clerk/Returning Officer shall provide him or her with the Voters’ list that contains the names of the electors who are entitled to vote for that office. (EL 07).

Where facilities exist for the Voters’ List to be provided electronically, the Clerk/Returning Officer may choose to provide it in this format.

Candidates who obtain additional copies of the Voters’ List or any part thereof shall pay to the Clerk/Returning Officer a fee prescribed by the Clerk/Returning Officer for photocopies which fee must be the lowest fee charged by the municipality for copies or the actual printing costs.

The municipality has chosen to use an alternative voting method, mail-in-ballot, and therefore, proxy voting will not be utilized.

Under Section 11(1) of the Municipal Elections Act, "The Clerk of the local municipality is responsible for conducting elections within the municipality, subject to listed exceptions.

The Clerk shall execute the Appointment and Oath of Returning Officer (EL 30).

Declaration of Emergency - in the event of unusual or unforeseen circumstances, pursuant to Section 53 of the Municipal Elections Act, 1996, the Clerk has the authority to declare an Emergency and take all steps necessary to ensure the election is conducted in accordance with the Act.

The Clerk/Returning Officer shall appoint as many Election Officials, or other election staff as may be required to conduct the municipal election.

The Clerk/Returning Officer may delegate to Election Officials any of the Clerk’s powers or duties.

All such election staff must first take the prescribed oath for the position so appointed before performing the duties as described. Detailed instructions will be provided to the appointed person by the Returning Officer.

Each candidate may appoint a scrutineer to represent him or her during the voting and at the counting of the votes, including during a recount by completing and signing an Appointment of Scrutineer (EL 06). Forms are available at the Clerk’s Office.

Not more than one scrutineer representing each candidate may be in the Ballot Return Station or Ballot Counting Centre at any time.

An elector who applies for a recount may appoint scrutineers. Appointment is limited to not more than one scrutineer for the recount station established by the Clerk/Returning Officer.

Between October 23, 2006 and November 10, 2006, candidates or properly approved scrutineers may inspect the election office upon appointment with the Clerk or Deputy Clerk, for the purpose of observing the manner in which ballot packages are being received, processed and stored.

A person appointed as a scrutineer shall, before being admitted to a ballot return station or Ballot Counting Centre shall show proof of his or her appointment.

Each Scrutineer shall be responsible for his or her rights and prohibitions as set out on the back of the Appointment of Scrutineer form (EL 06). The rights and prohibitions includes candidates for the purpose of attending at Ballot Return Stations and the Ballot Counting Centre.

• from attempting, directly or indirectly, to interfere with how an elector votes, and prohibited from attempting to campaign or persuade an elector to vote for a particular candidate
• displaying a candidate's election campaign material in a Ballot Return Station
• compromise the secrecy of the voting
• interfere or attempt to interfere with an elector who is marking a ballot
• obtain or attempt to obtain, in a Ballot Return Station, any information about how an elector intends to vote or has voted
• communicate any information obtained at a Ballot Return Station or a counting centre about how an elector intends to vote, has voted or has not voted.
• no cell phones, blackberries, palm pilots or other communication devices in a Ballot Return Station, scanning location, or central counting location.

Any person failing to abide by the above prohibitions shall be directed to leave the Ballot Return Station or Ballot Counting Centre. Asking a scrutineer/candidate to leave a Ballot Return Station, central counting location or scanning location is at the sole discretion of the Clerk/Returning Officer and her decision is final.

MAIL IN VOTING

The Council of the Township of Mapleton authorized the use of Mail-In Ballot, Central Scanning Tabulators as an alternative voting method for the 2006 municipal election by by-law 2006-042.

Where the term Ballot Return Station is used within this document, it shall mean the same as "Voting Place as defined in the Municipal Elections Act".

On or about the 23^rd day of October, 2006, voter kits will start to be mailed to electors whose names appear on the Voters’ List utilizing Canada Post Corporation Business Reply Mail.

When mailed to an elector, the kit containing all materials required to vote is referred to as a "voter kit". On receipt of the voter kit, each elector should check the contents of this voter kit. If any of the contents listed below are missing, they should call the Clerk’s Office during regular business hours Monday to Friday – 9:00 a.m. to 5:00 p.m. at 519-638-3313.

1. Outer Envelope

2. Ballot

3. Voting Instructions/Voter Declaration Form

4. White Ballot Secrecy Envelope

5. Yellow Postage-paid business reply envelope

Once received by the municipality, a sealed business reply envelope will be referred to as a "ballot package" and a sealed ballot envelope will be referred to as a "ballot envelope". Upon receipt of the voter kit, each elector should follow the instructions provided in the voter kit exactly. These instructions require the elector to:

1. Complete the ballot;
2. Insert the ballot into the white ballot secrecy envelope;
3. Seal the white ballot secrecy envelope;
4. Complete the voter declaration on reverse of voting instructions. Tear off at perforation;
5. Place the completed voter declaration form and the white ballot secrecy envelope into the yellow business reply envelope;
6. Seal the yellow business reply envelope; and
7. Mail the yellow business reply envelope (the ballot package) by Friday, November 3, 2006.

In addition to using Canada Post Mail, Ballot Return Stations under the supervision of a Deputy Returning Officer will be established for those electors wishing to deposit or have deposited their completed ballot package rather than forwarding their ballots by mail.

Only sealed ballot packages will be received at Ballot Return Stations.

A Ballot Return Station shall be established at the Municipal Office on the following dates and times:

(a) Monday October 30th to Friday November 10th, 2006 from 9:00 a.m. to 5:00 p.m., excluding Saturdays and Sundays

(b) Monday, November 13, 2006 from 10:00 a.m. to 8:00 p.m.

A Ballot Return Station shall be established at the Moorefield Community Centre, the PMD Arena and the Alma Optimist Hall on the following dates and times:

(a) Saturday November 11th between the hours 11:30 a.m. to 4:00 p.m.

(b) Monday November 13th between the hours 10:00 a.m. to 8:00 p.m.

A composite ballot shall be utilized. The ballot will be designed with the names of the candidates in alphabetical order based upon the last name. The place for the elector to mark the ballot for each candidate shall be clear and unambiguous. The ballot shall be designed so that the ballot can be counted using an optical scanning vote tabulator.

Blank voter kits will be stored in a locked room accessed by a limited number of authorized election officials only. The room will be closed and locked at all times except when necessary to access material stored in the room.

If a person attends the Election office and advises they have not received a voter kit by October 31^st, 2006, a replacement Voter Kit may be issued. The Returning Officer or Deputy Returning Officer will ensure the person is on the Voters’ List. If they are on the voter’s list but have the wrong mailing address, the returned kits will be checked. If the kit has been returned, the elector shall complete the prescribed form to change the address and receive the original voter kit if the ballot had been issued. If the elector requires a new ballot, they shall be given it upon completion of the form. This should be clearly marked on the prescribed form. If there is no return voter kit, a new voter kit shall be issued after the appropriate oath has been administered.

If the elector’s Voter Kit is lost or destroyed, a replacement Voter Kit may be issued. The elector may obtain a replacement Voter Kit from the Returning Officer or Deputy Returning Officer at the Municipal Office, up to November 10, 2006 during normal business hours. On Voting Day, this voter kit may be obtained only at the Ballot Return Station at the Municipal Office from 10:00 a.m. until 8:00 p.m. An affidavit sworn by the Voter as to the reason(s) required for this replacement voter kit and a declaration they have not already voted will be required by completing an Affidavit of Qualification and Receipt of Voter Kit (EL 23).

Voter kits will only be issued to the elector who attends in person at the Municipal Office.

Only sealed ballot packages will be received at Ballot Return Stations.

The Clerk shall appoint election officials, as necessary, to receive ballot packages at Ballot Return Stations.

The Clerk will supply election officials with secure storage containers and seals, at each designated location to accept hand delivered ballot packages,. Ballot packages which are received at any ballot return station will be stored in a secure transfer box. A minimum of two election officials at each designated location shall ensure the transfer box is empty and the appropriate declaration made by completing a Declaration of Election Official – Secure Storage Container Empty (EL 16). At the end of each day, the transfer box shall be delivered to the Clerk’s Office where it shall be placed in a locked room designated by the Clerk. Access to the locked room will be restricted to authorized election officials commencing at the time of receipt of the first ballot package until 5:00 p.m. on November 10, 2006.

A minimum of two election officials shall attend the post office together and pick up ballot packages on a daily basis beginning October 25, 2006 and ending on November 10, 2006.

The two election officials shall deliver the ballot packages to the municipal office and count the returned ballot packages into bundles of 50 and place them into a secure storage container that is securely sealed. The two election officials shall initial the seal and the secure storage container shall be dated and numbered "x" of "total received and packed on the day". The election official shall complete the Daily Summary Sheet – Ballot Return Station (EL 18)

All sealed secure storage containers shall be stored in a secure location designated by the Clerk until processed in accordance with the procedures set out for Opening of Ballot Packages and Scanning of Voter Declaration Forms.

Election officials shall secure any returned ballot package that is returned unsealed or where the secrecy envelope is attached to the exterior of the ballot package. If there is any question as to the validity of any part of the ballot package or its contents, it shall be placed in another yellow return envelope and sealed and placed in the box for processing in accordance with the procedures set out for Opening of Ballot Packages and Scanning of Voter Declaration Forms.

If, in examining a returned ballot package, it is obvious the voter has returned both the secrecy envelope containing the ballot and return envelope containing Voter Declaration Form in the white envelope originally sent to the voter, the envelope shall be opened and both the Voter Declaration Form and secrecy envelope shall be placed in a new yellow return envelope.

Any undelivered or returned voting package shall be sorted in alphabetical order and stored in secure location designated by the Clerk. If, in examining returned mail, the ballot package is visible, the return envelope shall immediately be opened and examined to see if the voter has returned the secrecy envelope and voter declaration form in this envelope in error. If this is the case, it shall be dealt with as noted under procedures for picking up election mail.

After November 3^rd, election staff will review the returned mail, count the number returned, remove the instruction sheet and declaration form and mark down any information as to why it was returned so that the information can be provided to MPAC to update the Voters’ List. The balance of the material may be used for election purposes, including blank ballots, return envelopes and secrecy envelopes.

The returned mail will be stored and destroyed with election material as per the election regulations.

Commencing November 1, 2006, in the presence of at least two election officials, ballot packages will be opened and the voter declaration form will be scanned.

Election Staff responsible for this activity will ensure that all required notices, posters and instructions are posted in this area. (ie. Declaration of Election Official – Secure Storage Container Empty – EL 16).

Candidates can appoint more than one scrutineer for this purpose, but only one scrutineer per candidate or the candidate can be in the room at a time. An example would be if you have one person appointed to observe this process in the morning, and another in the afternoon.

Seating will be provided for each candidate or scrutineer. Upon entering the room, the individual must show the Appointment of Scrutineer form (EL 06), sign in and take an Oath of Secrecy (EL 08). If they leave the room and return, this procedure must be repeated.

The process, which will be ongoing throughout the time period noted above, is as follows:

1. Ballot packages are opened by election officials using manual letter openers.

2. Ballot packages will be placed on a central table, where Election Officials will empty the envelopes by:

a) Removing Voter Declaration Form and Application to Amend Voters’ List (EL 20) and Secrecy envelope. Some ballot packages will contain both a Voter Declaration and Form EL 20. Some electors are just making amendments to the list so their Voter Declaration Form will be used for scanning and the Form EL 20 placed in the proper container.

b) Signed Voter Declaration Form accompanied by a ballot contained in a secrecy envelope will be scanned and placed in a container. As the individual’s name is scanned, the computerized program will cross the names off the list of electors.

Voter Declaration Forms not accompanied by a ballot will not be scanned, but will be placed in a separate container. They shall not be shown to any candidate or scrutineer.

c) Checking Voter Declaration Form or Form EL 20 for signatures. Only those Voter Declaration Forms or Form EL 20’s that are signed and accompanying a sealed secrecy envelope are valid. All unsigned voter Declaration Forms will be stapled with their accompanying secrecy envelope by such means that the elector’s name remains confidential.

d) Secrecy Envelopes will be placed in a secure storage container.

The following is a list of containers. All containers will be labeled.

1. Transfer Box for placing of all sealed secrecy envelopes delivered to the Ballot Return Stations.

2. Storage Container for the placement of sealed secrecy envelopes.

3. Container for the placement of Voter Declaration Forms.

4. Container for the placement of Form EL 20’s.

5. Container for rejected ballots.

6. File for the placement of any material which an elector may have placed in the Return Envelope. Material in this file will be read by an Election Official, and may be available to candidates or scrutineers for perusal at the sole discretion of the Clerk.

7. Container for the placement of empty yellow Return Envelopes.

8. Large Ballot Box

Should any candidate wish to file an objection to an elector, they may do so the following day, and the objection will be noted on the list of voters kept by the Clerk.

The Voters’ List will be updated by electronically striking through the name of the elector, showing the individual has voted and the declaration form will be stored in a secure location. This is similar to an advanced vote. The ballot, still sealed in the secrecy envelope, is placed in a secure storage container completely removing contact with the name on the declaration form, so there can be no association with the voter and the ballot. This ensures complete secrecy of the voter’s ballot. At the end of each day, or when a secure storage container is filled, the secure storage container is sealed until it is opened on Voting Day, thus maintaining the secrecy of the ballot. Secure storage containers are stored in a locked room with access only by a limited number of authorized Election Officials. On Voting Day, the secure storage containers are opened and the ballots are removed from the secrecy envelopes. The ballots will then be processed through the vote tabulators. Any ballots found to be damaged during opening of the envelopes, and unable to be processed through the electronic tabulating machines, will be sent to a remark centre, where an election official will remark the ballot so it can be processed.

The following ballots will not be counted:

- ballots received after 8:00 p.m. on Voting Day

- if there are 2 or more ballots in the same secrecy envelope

- No Voter Declaration Form is enclosed

- Voter Declaration Form is not signed

- ballots not placed in a secrecy envelope

- secrecy envelopes containing identifiable marks

- ballots cut up or defaced in any manner

After the process of opening ballot packages and scanning declaration forms has been completed, a listing of those who have voted will be printed and will be available from the Clerk’s Office no later than 11:00 a.m. of the following business day after the scanning was completed. The listing will be provided to the candidate.

The opening of ballot packages and scanning of voter declaration forms will continue from November 1 to November 7, 2006, from 10:00 a.m. to 3:30 p.m. if required. Commencing November 8, 2006, scanning shall begin at 10:00 a.m. each day and continue until 3:30 p.m. or until there are no ballot packages to process. Should it appear that additional hours will be needed to process the ballot packages, candidates will be notified of the change in hours.

At the end of each day, the Voters’ List will be backed up and the original disk and the backup disk will be stored off site in the care and custody of the Returning Officer or Deputy Returning Officer

On November 13, 2006, ballot packages will only be received at the Ballot Return Stations. Electors shall complete their mail-in voter kit in accordance with the instructions contained in the voter kit, deliver the ballot package to an election official and leave the Ballot Return Station.

Ballot packages received after 8:00 p.m. on voting date will be date stamped, will not be counted and will be placed in a secure location and retained for the statutory document retention period.

The Clerk shall ensure that the optical scanning vote tabulators (herein, tabulators) are tested prior to voting day to ensure accuracy.

The Clerk shall establish a time or times prior to voting day when candidates will have an opportunity to view how the tabulators work.

The Clerk will conduct training sessions for all Elections Officials as required, using the tabulators.

Not more than seven days before voting day, the clerk shall have the vote tabulators tested to ensure that they will accurately count the votes for all candidates, by-laws and questions that are marked with a valid mark in the designated area.

When testing the vote tabulators, adequate safeguards shall be taken to ensure that the system, or any part of it that is used for processing and tabulating votes, is isolated from all other applications or programmes and that no remote devices are capable of gaining access to the system.

If practical, a dedicated system for the processing and tabulation of votes shall be used.

The vote tabulator shall be programmed so that a printed record of the number of votes cast for each candidate and with respect to each by-law and question can be produced. The tabulator will be programmed to return ballots that are blank or cannot be read. All other ballots will be accepted.

After programming the vote tabulators, the test shall be conducted as follows:

1. Tabulate a pre-audited group of ballots marked in the designated area, including ballots that fall into each of the following categories:

1. Ballots on which are recorded a pre-determined number of votes for each candidate and for each question or by-law,
2. Ballots that have votes in excess of the number allowed by law for each candidate, question or by-law
3. Ballots that have no votes recorded
4. Assign a varying number of votes to each candidate, question or by-law.
5. Compare the output of the tabulation with the pre-audited results.

If the Clerk detects any error in the test, the cause of the error shall be ascertained and corrected and the test repeated until an errorless count is made and certified by the Clerk.

On voting day, before the commencement of the tabulation of the votes, the Clerk shall have the vote tabulator(s) tested in manner described.

The Clerk shall, at the completion of the test, retain the programmes, test materials and ballots in the manner provided for in the Act for the keeping of ballot boxes.

The Clerk shall retain and have access to the pre-audited group of ballots referred to above and other materials used in the programming of the vote tabulator.

The Clerk shall not alter or make changes to the materials referred to in subsection (1), but may make copies of them.

No ballot cast in the 2006 municipal election shall be counted prior to Voting Day.

The Ballot Counting Centre will be located at the Municipal Office, but shall not include the reception area.

Once the Ballot Counting Centre has been secured on Election Day, no person, other than designated Election Officials, shall be allowed to leave the area, except for medical purposes which require an ambulance, until the results have been declared by the Clerk. This area will be considered a lock-down area and no one in attendance, other than designated Election Officials, shall possess any communication tool including, but not limited to, cell phones, blackberries, palm pilots, etc.

The counting of ballots shall not commence prior to 1:00 p.m. on November 13, 2006.

The Clerk shall make available at the Ballot Counting Centre accommodation for each candidate who intends to view the tabulation of votes and who, at least seven clear days before the election, notifies the Clerk in writing of that intention.

Where notice has been given, the Clerk shall permit a candidate's scrutineer, in the absence of the candidate, to attend at the Ballot Counting Centre to view the tabulation of votes.

Any candidate or scrutineer who interferes with the vote count in any manner will be required to leave the Ballot Counting Centre. However, he/she will be required to remain in another locked down area until the results have been announced by the Clerk. This decision shall be at the sole discretion of the Clerk.

The sealed secure storage containers containing the ballots will be delivered by the Clerk/Returning Officer to the Ballot Counting Centre for the tabulation of the votes.

Proceedings at a Ballot Counting Centre are under the direction of the Clerk, or persons designated by the Clerk and no other person shall touch any ballot, or interfere in the proceedings in any way.

If the original used ballot, in the opinion of the Clerk, cannot properly be processed by the vote tabulator, a replacement ballot shall be prepared by marking a new ballot only with the marks contained in the designated voting spaces on the original used ballot, and the replacement ballot shall be clearly labelled "replacement" and given a serial number which shall also be recorded on the original used ballot.

The replacement ballot shall be substituted for the original used ballot and then tabulated by the vote tabulator(s).

The original used ballot being replaced shall be placed in a sealed envelope by the Clerk or Election Official and set in a separate storage container.

If more than one tabulator is being used, the Clerk shall maintain a list of ballot storage containers tabulated on each tabulator.

If it becomes impractical to tabulate the votes with the vote tabulator(s), the Clerk may direct that the ballots be counted manually, following as far as practical the provisions of this procedure governing the tabulation of the votes by vote tabulator(s).

Pursuant to the Municipal Elections Act, 1996 an emergency in a Municipality shall be declared in the event of a flood, fire or power failure in the voting place; snow storm or blizzard; acute illness or accident of the Clerk/Returning Officer or Deputy Returning Officer which prevents her/him from conducting the election pursuant to the Act.

In the event of a power failure in the Ballot Counting Centre, the Clerk/Returning Officer may make alternative arrangements for sufficient blankets, generators, flashlights and candles to allow the election to continue. If insufficient supplies are available, the Clerk/Returning Officer shall advertise on radio stations and television channels and post notices to advise that the election has been delayed or cancelled. Generators may be available from the local Fire Department.

In the event of a snow storm or blizzard which renders the highways impassable, making access to the Ballot Return Stations or Ballot Counting Centre impossible, the Clerk/Returning Officer or Deputy Returning Officer shall advertise on radio and television stations that the election is delayed or cancelled.

In the event that the Clerk/Returning Officer or Deputy Returning Officer is unable to be present to conduct procedures on voting day, there shall be a substitute qualified person appointed or available to attend to the election details.

Uncertified Election Results will be posted at the PMD Arena following the tabulation of votes on November 13^th, 2006 after the time has passed to receive ballot packages (8:00 p.m.).

The Clerk/Returning Officer of the Municipality will certify the Election Results on or before Tuesday, November 14, 2006 at 12:00 noon by completing the Certificate of Election Results (EL 27) and/or Certificate of Election Results – School Board (EL 28).

A recount and the declaration of the results of a recount shall be conducted in the same manner as the original count and in accordance with the Municipal Elections Act, 1996, and any rules or regulations prescribed pursuant to this legislation, unless subject to an order of a judge under subsection 60(3).

A recount shall be done

• If the votes for the affirmative and negative on a by-law are equal (Automatic)
• If the votes for two or more answers to a question are equal (Automatic)
• by resolution of Council (for Council positions or questions; or by-laws submitted by Council)
• by resolution of local board (for positions on local board or questions or by-laws submitted by a local board)
• by order of the Minister (for questions submitted by the Minister)
• by order of the Ontario Court (General Division)

The local municipality shall be reimbursed for its reasonable costs in the following situations:

When the clerk conducts a recount in a regular election with respect to :

• an office on a local or school board
• a by-law or question submitted by an upper-tier municipality; or
• a question submitted by a local or school board or by the Minister
• a by-election for a local or school board; or for the Minister, or a recount in such a by-election
• any expenses incurred by a candidate will be the responsibility of the candidate ie: legal counsel in attendance on behalf of the candidate

The local board or upper-tier municipality or the Minister, shall pay the costs referred to above as soon as possible after receiving a certificate verifying the amount and signed by the clerk of the local municipality.

The Clerk/Returning Officer or person delegated under Section 15(2) conducts all recounts for elections for which he or she is responsible except recounts conducted by the Ontario Court (General Division) upon appeal.

Where there is a tied vote for the election of a candidate to an office and both or all of the candidates cannot be declared elected, or where there is a tied vote on a by-law or question, the Clerk/Returning Officer must hold a recount within 10 days after the declaration required by Section 55(4) a)b) of the results of the election.

Within 30 days after the Clerk/Returning Officer declaration of the results under subsection 55(4), a Council, local/school board or Minister may pass a resolution or, the Minister may make an order requiring a recount.

The recount is to be held within 10 days after the resolution is passed or the order is made

APPLICATION TO ONTARIO COURT (GENERAL DIVISION) (SECTION 58)

A person who is entitled to vote in an election and who has reasonable grounds for believing the election results to be in doubt may apply to the Ontario Court (General Division) for an order directing the Clerk/Returning Officer to hold a recount.

The application must be commenced within 30 days after the Clerk/Returning Officer's official declaration of the results under subsection 55(4).

The court, if satisfied there are sufficient grounds, shall make an Order requiring the Clerk/Returning Officer to hold a recount.

The recount is to be held within 10 days after the Clerk/Returning Officer receives a copy of the Order.

The Clerk/Returning Officer will include the votes for any other candidate for the office for which the recount is being conducted to include any candidate whose total vote was, in the Clerk/Returning Officer’s opinion, close enough to possibly be affected.

The inclusion of additional candidates also applies if the recount is being conducted by the Clerk/Returning Officer based on a resolution of a local/school board or on the order of the Ontario Court or of the Minister.

• the Clerk/Returning Officer and any other election official appointed to assist with the recount
• every candidate for the office involved
• the applicant, if any, who applied for the recount
• Counsel for any of the above
• each candidate for the office involved may appoint a scrutineer for each recount station established by the Clerk/Returning Officer
• where the recount applies to a by-law or question, such scrutineers as council, a local/school board or the Minister appoints
• scrutineers appointed under Sections 61(3) or (4), an equal number must be appointed for each possible response
• any other person may be present with the Clerk/Returning Officer's permission

The Clerk/Returning Officer must set the date, time and place for the recount within the following prescribed time frames:

• in the case of tied vote, within 10 days after the Clerk/Returning Officer's official declaration of the results
• in the case where a court has ordered a recount, within 10 days after the day the Clerk/Returning Officer receives a copy of the Order
• in the case where a recount is held as a result of a resolution passed by a Council or local/school board, within 10 days after the resolution is passed
• in the case where a recount on the order of the Minister, within 10 days after the Order is made

Persons to be notified of recount date, time and place:

• all certified candidates for the office which is the subject of the recount;
• where a resolution is involved, the Council or local/school board which passed the resolution;
• the Minister when an Order has been made;
• the applicant in the case of a court Order;
• the Clerk/Returning Officer of the Municipality for which the recount is being undertaken if the Clerk/Returning Officer conducting the recount is not the Clerk/Returning Officer of that Municipality;
• if the recount concerns the election of the trustees of a police village or the members of a school board, the Clerk/Returning Officer of any other Municipality who conducted the election for the vote recorded in the Clerk/Returning Officer's Municipality
• notice of recount will be given by registered mail or personal service.

Persons authorized to be in attendance at the recount may also be at the announcement of the results.

The Clerk/Returning Officer, on the 16th day after the recount is completed, will declare the successful candidate or candidates elected or, declared the result of the vote with respect to a by-law or a question.

The results of the recount will be posted by the Clerk/Returning Officer in the Municipal Office by noon, the day following the recount being completed.

The Clerk/Returning Officer shall give to all candidates whose nomination was filed, at least 30 days before the filing date (March 31, 2007) a notice of all the filing requirements – Notice to Candidate of Filing Requirements (ELF 01).

If a person receiving a notice as listed above has not filed the required form by the end of the business day on March 31, 2007, the Clerk/Returning Officer with whom the candidate's nomination was filed, shall within 5 days, send a notice of default to the candidate and to the relevant Council or local board, by registered mail.

All dates contained in this section are dependant on the results being certified on November 14, 2006.

The Clerk/Returning Officer shall retain the ballots and any other documents and materials related to the election for 90 days after declaring the results of the election under Section 55 and in any case shall not destroy said material on or before February 11, 2007 unless the material is subject to a Judge's Order or Recount Proceedings.

The ballots and any other documents and materials shall be destroyed in the presence of two witnesses and the Witness Statements as to Destruction of Election Documents (EL 29)) must be completed.

The ballots and any other documents shall not be destroyed if:

• a court orders that they be retained; and
• a recount has been commenced and not finally disposed of.

Retention of Records

The Clerk/Returning Officer shall retain candidate’s financial statements and auditor's report until the members of the council or local board elected at the next regular election have taken office.

The following is a listing of the forms that may be used during the 2006 municipal election. These forms are included in the manual for illustration purposes and the Clerk reserves the right to amend, add or remove forms as required during the municipal election process.