I-8, r. 15 - Regulation respecting elections to the board of directors of the Ordre des infirmières et infirmiers du Québec

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chapter I-8, r. 15
Regulation respecting elections to the board of directors of the Ordre des infirmières et infirmiers du Québec
NURSES — ELECTIONS TO THE BUREAU
Nurses Act
(chapter I-8, s. 3).
I-8
Professional Code
(chapter C-26, s. 93, par. b).
C-26
September 1 2012
DIVISION I
INTERPRETATION AND SCOPE
1. This Regulation governs the election of the president and directors of the Ordre des infirmières et infirmiers du Québec.
O.C. 1367-92, s. 1.
2. In this Regulation, the word “section” means a section within the meaning of section 1 of the Règlement divisant le territoire du Québec en régions aux fins de la représentation au Conseil d’administration de l’Ordre des infirmières et infirmiers du Québec (chapter I-8, r. 20).
O.C. 1367-92, s. 2.
3. Articles 82 and 83 of the Code of Civil Procedure (chapter C-25.01) relating to holidays apply to this Regulation.
O.C. 1367-92, s. 3; I.N. 2016-01-01 (NCCP).
DIVISION II
DUTIES OF THE SECRETARY
4. The secretary of the Order shall be responsible for the administration of this Regulation. In particular, he shall supervise the holding of a vote.
O.C. 1367-92, s. 4.
5. Where the secretary is a candidate for the office of president, he shall be replaced by one of the assistant secretaries who shall acquire all the rights and assume all the obligations of the secretary respecting the holding of the election. The assistant secretary shall fulfil that duty until he has written his initials on the seals in accordance with the second paragraph of section 25.
O.C. 1367-92, s. 5.
DIVISION III
DATE AND PROCEDURE FOR THE ELECTION OF THE PRESIDENT BY A VOTE OF THE ELECTED DIRECTORS
6. The election of the president by a vote of the elected directors shall take place on the date and in compliance with the procedure set out in section 9 of the Nurses Act (chapter I-8).
The secretary shall call the directors for that purpose to the meeting contemplated in that section by means of a written notice of meeting sent at least 10 days before the date fixed for the meeting. The notice shall indicate the purpose, place, date and time of the meeting.
O.C. 1367-92, s. 6.
DIVISION IV
DATE AND PROCEDURE FOR THE ELECTION OF THE PRESIDENT BY A GENERAL VOTE OF THE MEMBERS
§ 1.  — Closing of the poll and date of the election
7. The poll shall close on the 10th day preceding the date of the election.
O.C. 1367-92, s. 7.
8. The election of the president by a general vote of the members shall be held within 100 days preceding the annual general meeting of the Order.
O.C. 1367-92, s. 8.
§ 2.  — Procedures preceding voting
9. Between the 75th and the 60th day preceding the closing of the poll, the secretary shall send to each member a notice indicating the date of the closing of the poll and the conditions required to be a candidate and to vote in accordance with the Professional Code (chapter C-26), as well as a nomination paper.
O.C. 1367-92, s. 9.
10. The nomination paper of a candidate shall be similar to that in Schedule I and shall be signed by the candidate.
It shall also be signed by 10 members of the Order.
O.C. 1367-92, s. 10.
11. The deadline for accepting nomination papers on the last day on which they may be accepted by the secretary in accordance with section 67 of the Professional Code (chapter C-26) shall be 5:00 p.m.
The secretary shall issue to the candidate who has duly submitted a nomination paper an acknowledgment of receipt similar to that in Schedule II, as evidence of the candidacy.
O.C. 1367-92, s. 11.
12. In addition to the certified ballot paper and envelopes prescribed in paragraphs b and c of section 69 of the Professional Code (chapter C-26), the secretary shall send to each member entitled to vote:
(1)  a brief résumé and a photograph of each candidate for the office of president, where such candidate has attached to his nomination paper a résumé on sheets measuring not more than 22 cm × 28 cm and a photograph measuring not more than 50 mm × 70 mm;
(2)  a notice similar to that in Schedule III informing the elector of the method of voting and using the envelopes, and indicating the deadline by which the envelopes must be received by the secretary of the Order.
The envelope provided for in paragraph c of section 69 of the Code shall be stamped.
O.C. 1367-92, s. 12.
13. The ballot paper for the office of president, certified by the secretary, shall be similar to that in Schedule IV. The ballot paper shall be printed on official stationery of the Order and provide the following particulars:
(1)  the year of the election;
(2)  the names in full of the candidates in alphabetical order by surnames;
The ballot paper may be certified by a facsimile of the secretary’s signature.
O.C. 1367-92, s. 13.
14. The secretary shall issue a new ballot paper to a member who has damaged, spoiled, defaced or lost his ballot paper or who did not receive one, and who certifies that fact to the secretary using a form of oath similar to that in Schedule V.
O.C. 1367-92, s. 14.
§ 3.  — Voting
15. After voting, an elector shall insert his ballot paper in the envelope designed to contain it and bearing, in accordance with section 69 of the Professional Code (chapter C-26), the words “BALLOT PAPER — PRESIDENT” and the name of the Order. He shall seal that envelope and insert it in the stamped envelope addressed to the secretary that he shall then seal. He shall sign in the space reserved for that purpose on the envelope addressed to the secretary and send the envelope to the secretary before the closing of the poll.
O.C. 1367-92, s. 15.
16. Upon receipt of the envelopes addressed to him and arriving before the closing of the poll, the secretary shall record the names of the electors. The secretary shall enter on the envelopes the date and time of receipt and his initials, and shall deposit the envelopes in a sealed ballot box in accordance with section 73 of the Professional Code (chapter C-26).
O.C. 1367-92, s. 16.
§ 4.  — Procedures following voting
17. The secretary shall affix the last seals to the ballot boxes at the time fixed for the closing of the poll.
The scrutineers are entitled to be present when the seals are affixed to the ballot boxes.
O.C. 1367-92, s. 17.
18. The secretary and the scrutineers shall take the oath using a form similar to that in Schedule VI.
O.C. 1367-92, s. 18.
19. The secretary shall count the votes in accordance with section 74 of the Professional Code (chapter C-26) at the head office of the Order.
He shall convene the scrutineers for that purpose by means of a written notice of meeting sent at least 3 days before the date fixed for the counting of the votes.
O.C. 1367-92, s. 19.
20. The secretary shall reject, unopened, any envelopes addressed to him that he considers do not meet the requirements of the Professional Code (chapter C-26) or this Regulation, or that come from persons who were not members of the Order on the 45th day before the date fixed for the closing of the poll.
Where the secretary receives several envelopes from the same elector, he shall accept only the first envelope received and shall reject the others.
O.C. 1367-92, s. 20.
21. The secretary shall open each of the envelopes addressed to him that he considers meets the requirements and shall take out the envelope containing the ballot paper.
After examining all the envelopes containing ballot papers, the secretary shall open the envelopes he considers meet the requirements of the Professional Code (chapter C-26) and of this Regulation and shall take out the ballot papers. He shall reject and not open any envelopes he considers do not meet the requirements and any envelopes bearing any mark enabling the elector to be identified.
O.C. 1367-92, s. 21.
22. The secretary shall reject any ballot paper that:
(1)  has not been inserted in the envelope designed to contain it;
(2)  contains more marks than the number of offices to be filled;
(3)  has not been certified by the secretary or provided by him;
(4)  bears any mark enabling the elector to be identified;
(5)  has not been marked; or
(6)  has been damaged, spoiled or erased.
The secretary shall also reject any ballot paper on which the elector has cast his vote otherwise than as prescribed by section 71 of the Professional Code (chapter C-26).
Notwithstanding the foregoing, no ballot paper shall be rejected solely because the mark made in one of the squares reserved for voting extends beyond the square.
O.C. 1367-92, s. 22.
23. The secretary shall consider any objection made concerning the validity of a ballot paper and shall decide the matter immediately.
O.C. 1367-92, s. 23.
24. After counting the ballot papers, the secretary shall draw up and sign a statement of the poll similar to that in Schedule VII. He shall declare elected to the office of president the candidate who obtained the most votes for that office.
In the case of a tie-vote, the secretary shall immediately draw lots pursuant to section 74 of the Professional Code (chapter C-26).
O.C. 1367-92, s. 24.
25. Once a candidate has been declared elected, the secretary shall place in separate envelopes the valid ballot papers, the rejected ballot papers, the unused ballot papers and all the envelopes, including those rejected in accordance with this Regulation.
He shall then seal the envelopes. The secretary and the scrutineers shall affix their initials to the seals.
The envelopes shall be kept for one year, after which time the secretary may dispose of them.
O.C. 1367-92, s. 25.
26. Within 5 days following the date of the election, the secretary shall send a copy of the statement of the poll to each candidate. In addition, he shall table a copy of that statement at the first meeting of the board of directors and at the annual general meeting of members held following the election.
O.C. 1367-92, s. 26.
DIVISION V
DATE AND PROCEDURE FOR THE ELECTION OF ELECTED DIRECTORS
27. At least 30 days before the annual general meeting of the Order, each section shall forward to the secretary of the Order the names of the directors elected to the board of directors on the date and in compliance with the procedure set out in the first paragraph of section 6, in section 25.2 of the Nurses Act (chapter I-8) and in the by-laws made by the section.
O.C. 1367-92, s. 27.
DIVISION VI
TIME OF TAKING OF OFFICE OF THE PRESIDENT AND ELECTED DIRECTORS
28. The president and elected directors shall take office at the closing of the annual general meeting of the Order that immediately follows their election or the proclamation of their election by acclamation.
O.C. 1367-92, s. 28.
DIVISION VII
TERMS OF OFFICE OF THE PRESIDENT AND ELECTED DIRECTORS
29. The president and directors are elected for a 2-year term.
O.C. 1367-92, s. 29.
DIVISION VIII
FINAL PROVISIONS
30. This Regulation replaces the Regulation respecting terms and conditions for election to the Bureau of the Ordre des infirmières et infirmiers du Québec (R.R.Q., 1981, c. I-8, r. 9).
O.C. 1367-92, s. 30.
31. (Omitted).
O.C. 1367-92, s. 31.
NOMINATION PAPER FOR ELECTION OF A PRESIDENT
We, the undersigned, members in good standing of the Ordre des infirmières et infirmiers du Québec, nominate as a candidate for the forthcoming election of the president of the Ordre des infirmières et infirmiers du Québec, ______________________________ (name), ______________________________ (address).

_________________________________________________________________________________
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| | | Address of the | | |
| | | place where the | | |
| Name of | Permit | member principally | Date | Signature |
| member | number | practises | | of member |
|_____________|____________|_________________________|__________|_________________|
| | | | | |
|_____________|____________|_________________________|__________|_________________|
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|_____________|____________|_________________________|__________|_________________|
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|_____________|____________|_________________________|__________|_________________|
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|_____________|____________|_________________________|__________|_________________|
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|_____________|____________|_________________________|__________|_________________|
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|_____________|____________|_________________________|__________|_________________|
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|_____________|____________|_________________________|__________|_________________|
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|_____________|____________|_________________________|__________|_________________|

I, ______________________________, nominated above, agree to be a candidate for the office of president of the Ordre des infirmières et infirmiers du Québec.
Enclosed is:
· my curriculum vitae (on pages measuring not more than 22 cm × 28 cm);
· my photograph (measuring not more than 50 mm × 70 mm).
In witness whereof, I have signed at ________________________, this _______________________ day of ______________________________ 20__________
_______________________________________________
(Signature)
O.C. 1367-92, Sch. I.
ACKNOWLEDGMENT OF RECEIPT OF NOMINATION PAPER FOR THE OFFICE OF PRESIDENT OF THE ORDRE DES INFIRMIÈRES ET INFIRMIERS DU QUÉBEC
(date) ______________________________________________________________________________
Mr/Ms. _____________________________________________________________________________



Dear Sir or Madam:
We hereby acknowledge receipt of your nomination paper for election to the office of president of the Ordre des infirmières et infirmiers du Québec.
The poll will close at __________ (time), on ______________________________ (date). The votes will be counted at __________ (time) on ______________________________ (date).
Yours truly,
_______________________________________________
Secretary
O.C. 1367-92, Sch. II.
NOTICE INFORMING THE VOTER ON:
· THE METHOD OF VOTING AND USING THE ENVELOPES;
· THE TIME AND DATE BY WHICH THE ENVELOPES MUST BE RECEIVED BY THE SECRETARY OF THE ORDER
(date) ______________________________________________________________________________
TO ALL MEMBERS OF THE ORDRE DES INFIRMIÈRES ET INFIRMIERS DU QUÉBEC
Dear Sir or Madam:
As mentioned in section 12 of the Regulation respecting elections to the board of directors of the Ordre des infirmières et infirmiers du Québec (chapter I-8, r. 15), you will find the résumé and photograph of each candidate for the office of president of the Order who forwarded them to our offices, along with the certified ballot paper and the envelopes required for the election.
After voting, insert your ballot paper into the envelope identified for the purpose, namely the envelope marked “BALLOT PAPER — PRESIDENT”. Insert that envelope into the stamped envelope marked “ELECTION” and then sign the stamped envelope in the space reserved for that purpose.
It is very important:
· to seal all the envelopes, since otherwise they will be rejected; and
· to insert only the ballot paper into the envelopes, since rejected envelopes will not be opened.
We remind you that the poll will close at __________ (time) on ______________________________ (date). The votes will be counted at __________ (time) on ______________________________(date).
Yours truly,
_______________________________________________
Secretary
O.C. 1367-92, Sch. III.
BALLOT PAPER FOR THE OFFICE OF PRESIDENT
BALLOT PAPER
Year: 20__________
Candidates nominated for the office of PRESIDENT
____________________________________________________________
____________________________________________________________
____________________________________________________________
Closing of poll at __________ (time), on ______________________________ (date).
_______________________________________________
Secretary
O.C. 1367-92, Sch. IV.
OATH CERTIFYING THAT A BALLOT PAPER WAS DAMAGED, SPOILED, DEFACED, LOST OR NOT RECEIVED
(Date) _______________________________________
I, the undersigned, ______________________________ member in good standing of the Ordre des infirmières et infirmiers du Québec, swear that:
my ballot paper for the election for the office of president of the Ordre des infirmières et infirmiers du Québec has been damaged, spoiled, defaced or lost
I did not receive a ballot paper for the election for the office of president of the Ordre des infirmières et infirmiers du Québec and that another ballot paper has been issued to me by the secretary of the Order.
In witness whereof, I have signed at _______________________ , this _________________________ day of __________(month)__________ __________(year)__________
___________________________________________
(Signature of member)
Sworn before me, at __________________________
this ___________ day__________of 20__________
___________________________________________
Commissioner for oaths for the judicial
district of __________________________________
___________________________________________
Signature of secretary
O.C. 1367-92, Sch. V.
OATH OF OFFICE AND DISCRETION
I, ______________________________ , swear that I will carry out the duties of my office with honesty, impartiality and fairness, and that I will not receive, except for any salary paid to me by the Ordre des infirmières et infirmiers du Québec, where applicable, any sum of money or consideration whatever for what I have done or may do in carrying out the duties of my office, for the purpose of favouring a candidate directly or indirectly.
I further swear that I will not reveal or make known, without authorization by law, the name of the candidate for whom any person voted, if that information comes to my knowledge at the time of the counting of the votes.
In witness whereof, I have signed at _______________________ , this _________________________ day of __________(month)__________ __________(year)__________
___________________________________________
(Signature)
Sworn before me, at __________________________
this ___________ day__________of 20__________
___________________________________________
Commissioner for oaths for the judicial
district of __________________________________
___________________________________________
Signature of secretary
O.C. 1367-92, Sch. VI.
STATEMENT OF THE POLL
Election to the office of president of the Ordre des infirmières et infirmiers du Québec
Region (where applicable) ___________________________________________________________
Number of electors _________________________________________________________________

__________________________________________________________________
| | |
| Number of valid ballots | |
|_______________________________________________________|__________|
| | |
| Number of rejected ballots | |
|_______________________________________________________|__________|
| | |
| Number of outer envelopes rejected | |
|_______________________________________________________|__________|
| | |
| Number of inner envelopes rejected | |
|_______________________________________________________|__________|
| | |
| TOTAL | |
|_______________________________________________________|__________|
| | |
| Number of ballots cast for | |
|_______________________________________________________|__________|
| | |
| Number of ballots cast for | |
|_______________________________________________________|__________|
| | |
| Number of ballots cast for | |
|_______________________________________________________|__________|
| | |
| Number of ballots cast for | |
|_______________________________________________________|__________|
Signature of scrutineers: _____________________________________________________________
_____________________________________________________________
_____________________________________________________________
Given under my signature, at __________________________, this ____________________________ day of __________(month)__________, 20__________
___________________________________________
Signature of election secretary
O.C. 1367-92, Sch. VII.
REFERENCES
O.C. 1367-92, 1992 G.O. 2, 4416
S.Q. 2008, c. 11, s. 212