by reason of section 12 hereof, or any law enacted under the provisions of sections 3 to 7 of this Act, be referred to the electors, the Lieutenant-Governor-in-Council shall, in the manner hereinafter provided, subject, however, to the provisions of subsections (2), (3) and (4) hereof, submit such Act or law, or part or parts thereof, to a vote of the electors of the Province to be vote of electors taken at the next general provincial election, unless a special referendum vote is asked for in the petition; Submitted to Lieutenant Governor-in- (2) Upon receipt of such petition the Lieutenant-Governorin-Council shall take steps to ascertain whether the same has certain whether been sufficiently signed and for that purpose shall accept the petition is in proper order. affidavits verifying the signatures on the petition as provided for in section 15 hereof as prima facie evidence of such signatures and of the petitioners being duly qualified electors, subject to the right of any person to show that the petition was not so sufficiently signed. Attorney-Gen eral may de to the Court. (3) The Attorney-General may either himself decide the cide on objec- question of such sufficiency, upon objection raised by any person, tions to petition. in a summary manner upon such evidence as he chooses to receive, in which case his decision shall be final and without appeal Or refer matter of any kind, or he may by writing over his signature refer the question to a judge of the Court of King's Bench who shall inquire into the matter and after taking such evidence in relation to it in such manner as he shall think fit, shall, with all convenient speed, report to the Attorney-General whether such petition has been sufficiently signed or not and whose decision shall be final and without appeal. Finding or report cer (4) The finding of the Attorney-General or the report of the tified by At- judge on the question whether such petition has been sufficiently torney-General signed or not shall forthwith be certified by the Attorney Governor-in- General to the Lieutenant-Governor-in-Council. to Lieutenant Council. Date of special referendum. Where a majority do not approve. When Act of Assembly to take effect. 10. Where a special referendum vote is asked for, the same shall be taken not more than six months after the date of the presentation of the petition; provided, however, that, where, at the date of the presentation of the petition, a less period than two years has elapsed from the date of the holding of the last preceding general election or referendum vote upon the same, or substantially the same, proposed law, said special referendum vote shall not be taken earlier than the expiration of the said two years. 11. In the event of such Act or law or part or parts thereof not being approved of by a majority of the votes polled at such referendum, such Act or law, or part or parts thereof so disapproved, shall, at the end of thirty days after the clerk of the Executive Council shall have published in The Manitoba Gazette a statement of the result of the vote on such Act or law, or part or parts thereof, become and be deemed repealed. 12. (1) No Act of the Legislative Assembly shall take effect until the expiration of three months after the termination of the session at which such Act was passed, except where the same Such declara- Except where emergency Vote on preamble. jority vote shall be declared to be an emergency measure. tion shall be made in a preamble and shall state the facts con- measure. stituting the emergency and that it is therefore desirable in the public interest that the Act should go into effect immediately or sooner than the expiration of the said period of three months. A recorded vote of the Legislative Assembly shall be taken on the preamble, separate from the vote on the Act or any part of it, and the preamble must be carried by a two-thirds majority of Two-thirds mathe members of the Legislative Assembly voting thereon. No necessary. grant of any franchise or renewal or extension thereof either in respect of time or the area of its operation, and no subsidy Certain measor guarantee of bonds or other financial aid to any public service gency measures. corporation, shall be declared to be an emergency measure. Any Provisions as to Act or part or parts thereof not in force at the time it is referred Acts not in force to the electors under sections 9 to 11 shall, either as to the whole at time of refor as to such part or parts thereof, be suspended from taking sections 9 to 11. effect until it becomes law upon approval by the electors upon such referendum vote.. ures not emer erence under section not ap (2) None of the provisions of the foregoing sub-section shall Preceding subapply to a supply bill or appropriation Act, except as to items plicable to approviding for capital expenditure of amounts exceeding the cept capital sum of $100,000. propriations ex expenditures exceeding $100,000.00. 13. Said last mentioned petition may be in the following Form of petiform, or to the like effect: To the Honorable, of The Lieutenant-Governor-in-Council of the Province of Manitoba: shall be submitted to a vote of the electors of the Province for their re- Dated. (date on which the first signature is made). tion. Name Residence Occupation Electoral Division sheets of 14. (1) It shall not be necessary that each sheet of a Successive petition for petitioners' signatures shall repeat the petition, but petition. it shall be sufficient if each such sheet is numbered and all but the first entitled as follows: "This is sheet number of the foregoing petition marked A, said petition being marked A on its first sheet," but such other sheets must be firmly attached to the first sheet at the time of signature. (2) A petition may be presented or filed in numbered sec- Sections of tions for convenience of handling. petition. signatures. 15. Each sheet of every petition containing signatures shall Verification of be verified at the foot thereof by affidavit in the following form, or to the like effect: Province of Manitoba. I of , in the Province of Manitoba (occupation), make oath and say: Sworn this day of No person permitted to once. in the Province of Manitoba, before me. (Signature) A Commissioner for taking affidavits in K.B., etc. (a) No person shall sign his name more than once on any sign more than such petition or petitions for the same proposed law or referendum vote and any person who does so shall be liable, upon summary conviction thereof before a justice of the peace, to a penalty of not less than twenty-five dollars and not more than one hundred dollars, and, in default of payment, to imprisonment for a term of not less than two months nor more than six months. Penalty for signing more than once. Proposed law to Writs for taking vote. Form of writs. What to be at 16. Where a petition submits a proposed law, the full text of such proposed law shall be set out in the petition. 17. (1) Whenever a vote is to be taken under this Act the Lieutenant-Governor-in-Council shall order the issue of writs in His Majesty's name for taking such vote. (2) The writs may be in accordance with the form A in the schedule, with such variations as are necessary, and shall appoint the date (a) for taking the referendum vote, and (b) for the return of the writ. 18. The Lieutenant-Governor-in-Council shall cause to be tached to each attached to each writ a copy of the proposed law, or the Act or Acts, upon which the referendum vote is to be taken. writ. Returning officers to get writs. Notice in Gazette. Proclamations to be made by returning officers. 19. The writs shall be addressed by the clerk of the Executive Council to the returning officers for the several electoral divisions who shall be appointed by the Lieutenant-Governorin-Council, and shall be forwarded to such returning officers by mail or otherwise, as the Lieutenant-Governor-in-Council may order. 20. The clerk of the Executive Council shall, forthwith upon the issue of said writs, insert in The Manitoba Gazette a notice of the issue of the same, and a copy of the proposed law or Act or Acts upon which the referendum vote is to be taken. 21. The returning officer for each electoral division shall forthwith after the receipt of the writ, make proclamation under his hand giving notice of the receipt and particulars of the writ by advertisement in one or more newspapers published Advertisement or circulating in the electoral division, and by printed bills in newspapers. posted up in public places in the electoral division, and shall bills. in and by said proclamation declare the place, day and hour at Posting up of which a poll shall be opened and closed in each polling subdivision for taking and receiving the votes of the electors. ficers to enforce 22. Each returning officer shall, subject to this Act, and to Returning ofthe regulations prescribed by the Lieutenant-Governor-in-writs. Council, forthwith after the receipt by him of the said writ, take all such steps as are necessary to be taken on his part to carry the writ into effect. Election Act" Act" to apply 23. For the purpose of executing the writs, the same proceed- "The Manitoba ings, as nearly as may be, shall be had and taken as in the case and "The Elecof a general provincial election and "The Manitoba Election toral Divisions Act," and amendments thereto, and "The Electoral Divisions mutatis muAct," and amendments thereto, shall, subject to the provisions tandis. of this Act, and of any regulations prescribed thereunder by the Lieutenant-Governor-in-Council, apply, mutatis mutandis, to the conduct of such proceedings, and with respect to the powers to be exercised, and the duties to be performed by, and the rights, obligations, liabilities, qualifications and disqualifications of electors, judges, officers and all other persons, and with respect to the offences and the penalties which may be incurred. Council to make 24. The Lieutenant-Governor-in-Council may from time L.-G.-into time make regulations and orders not inconsistent with this regulations and Act, prescribing all matters and things which are necessary or orders. expedient for the effectual carrying out or giving effect to this Act and the proceedings had thereunder and also for the adapting to this Act of the provisions of "The Manitoba Election Act" and amendments. each elector. 25. Each elector shall vote only once on each measure One vote for at any referendum vote. The voting at the referendum vote shall be by ballot, and each elector shall indicate his vote by marking it on the ballot in accordance with the directions given thereon. The ballot shall be in form B in the schedule to this Act, with such variations as are necessary. Ballot in Form B. vote at general 26. Where a general election for the election of members to Referendum serve in the Legislative Assembly is being held prior to the ex-election. piration of the time provided herein for the taking of a referendum vote such referendum vote may be taken at such election. voting at gen 27. Where the day fixed for the taking of the votes of the One oath for electors for the purposes of a referendum vote is the same as eral election and that fixed for a general election of members to serve in the on referendum. Legislative Assembly, and an elector has at any polling place taken an orth to enable him to vote at the election, the oath shall be accepted as sufficient to enable him to vote at the same polling place on the referendum vote. Same ballot boxes,etc., where 28. Where a referendum vote is taken on the same day as a general provincial election the same ballot boxes and polling booths may be used for the purposes of the referendum vote and the election, but in such case the ballots for the referendum Ballots of dif- Vote shall be of a color different from that of the ballots for the election. day as general election. ferent color. Ballots to be prepared by the 29. The ballots shall be prepared by the King's Printer, King's Printer. and shall be forwarded with the writs to the returning officers in sufficient numbers for each electoral division, together with such forms, notices and copies of instructions as the LieutenantGovernor-in-Council may prescribe. Returning officers to appoint each side. 30. (1) Every returning officer shall, by writing under his two agents for hand, appoint from among the applicants for such appointment, or on behalf of persons applying to have such appointments made, two agents to attend at each polling station, and to act as scrutineers at the final summing up of the votes on behalf of those desirous of obtaining an affirmative answer to the question, and two agents to so attend on behalf of those desirous of obtaining a negative answer, but no such agents shall be entitled to any remuneration from the public treasury. Preference to be given to those agents with certificates. Agents to make declaration. Form C. Agent to produce proof of (a) In appointing such agents the returning officer shall give preference to persons presenting certificates nominating such persons to act as agents on behalf of those desirous of securing an affirmative or negative answer to the question, as the case may be. Such certificates shall be signed by a member of the respective committees referred to in clause 37(a). (2) Before any person so appointed enters upon his duties as agent, he shall make and subscribe before the returning officer or any deputy returning officer, a declaration to the effect that he is interested in and desirous of obtaining an affirmative or negative answer, as the case may be, to the question, which declaration may be in form C in the schedule to this Act. (3) Every person so appointed, before being admitted to the appointment. polling station, or to the final summing up of the votes, as the case may be, shall produce to the deputy returning officer his written appointment. has been ap pointed. Where no agent (4) In case no person has been appointed as aforesaid to attend at any polling station, or at the final summing up of the votes, or in the absence of any person so appointed, any electors, not exceeding two in the same interest, may, upon making and subscribing a declaration to the above effect before the deputy returning officer, or the returning officer, as the case may be, be admitted to the polling station, or to the final summing up the votes, as agents on behalf of that interest. "The Manitoba of (5) Whenever it is provided in "The Manitoba Election Election Act" Act" that anything may or shall be done in the presence of or by the candidate or his agent, such provision shall, as applied to proceedings under this Act, be taken to refer to agents appointed to apply. in the manner aforesaid. |