The Election of Members of Council

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The College of Physicians and Surgeons of Newfoundland and Labrador

By-Law No. 1

The Election of Members of Council

1. Nomination and Voting Papers

(1) At least 35 days prior to the date fixed for the election, the Registrar shall mail to each member of the College holding a current licence

(a) notice of the date fixed for the election of members to council,

(b) notice of the date fixed for the receipt of nominations, which shall be a date at least 15 days after the date of mailing of the notice;

(d) a copy of this By-Law.

(2) In an election for council, a member of the College may nominate no more than one candidate.

(3) A candidate for election to the council must be nominated to represent one of the medical electoral divisions of the College.

(4) The 2 medical electoral divisions of the College are

(a) the region comprising the City of Mount Pearl and the City of St. John’s;

(b) the remainder of the Province.

(5) To qualify for nomination to represent one of the medical electoral divisions of the College, a candidate must hold a current licence from the College and must live in or carry on practice in that medical electoral division.

(6) In an election, a candidate may only be nominated to represent one medical electoral division.

(7) A candidate must be nominated by 2 members of the College who hold a current licence from the College and who live in or carry on practice in the medical electoral division for which the candidate is being nominated.

(8) Nominations shall be signed by the 2 nominating members and each nomination shall be accepted and completed in writing by the candidate, all on the prescribed form of nomination paper.

(9) To be accepted as duly nominating a qualified candidate for council, a nomination

(a) must be received by the Registrar by the date fixed for receipt of nominations,

(b) must be signed by the 2 nominating members and accepted and completed in writing by the candidate, in accordance with subsections 1(2) through 1(8) of this By-Law; and

(c) must be accompanied by a curriculum vitae or short biographical profile of the candidate, which document shall not exceed 2 letter-sized pages.

(10) If the number of candidates nominated for a medical electoral division is less than the number of council members who must be elected for that division in the election, the chairperson of the council shall appoint from amongst those council members who are not and will not be candidates in the election a nominating committee. The nominating committee shall nominate from amongst the members of the College who are qualified to represent that division a sufficient number of consenting candidates so that the total number of candidates for that division will be at least equal to but not greater than twice the number of members to be elected for that division in that election.

(11) If the total number of candidates nominated for election in a medical electoral division is no more than the number of council members to be elected for that division in that election, those candidates shall be deemed elected by acclamation, without the necessity of balloting.

(12) Only such members of the College as are duly nominated shall be eligible for election as members of the council.

(13) Subject to subsection 1(11) of this By-Law, the Registrar shall, at least 15 days prior to the date fixed for the election, mail to each member of the College entitled to vote:

(a) a ballot listing the candidates nominated for each medical electoral division, and indicating the number of elected members to be elected for each division (the “Ballot Form”);

(b) an envelope into which the Ballot Form is to be inserted and sealed (the “Ballot Envelope”);

(c) an envelope addressed with the College’s return address, and having printed thereon a place for the voting member to identify himself or herself (the “Election Return”);

(d) a notice of the date fixed for the election and the place fixed for the counting of votes; and

(e) a copy of the documentation referred to in paragraph 1 (9) (c) of this By-Law for each candidate.

2. Voting

Every member voting shall:

(1) Mark an X on the Ballot Form in the space provided opposite the names of the candidates for whom he or she intends to vote for each medical electoral division;

(2) Place the Ballot Form in the Ballot Envelope and seal the Ballot Envelope;

(3) Identify herself or himself, by printing his or her name and College-issued licence number legibly and signing at the place indicated on the Election Return;

(4) Insert the Ballot Form in the Election Return and seal the Election Return; and

(5) Return the Election Return to the College, by mail post-marked no later than the date fixed for the election, or otherwise causing the Election Return to be hand delivered to the College’s offices during business hours on or before the date fixed for the election. Duly post-marked Election Return envelopes will be accepted if received by the Registrar before the counting of ballots has commenced.

3. Scrutineers

The Registrar, or in his or her absence the deputy registrar, and at least one member of the council who is not a candidate in the election shall act as scrutineers of the counting of the ballots, who shall be present throughout the process set out in section 4 of this By-Law.

4. Counting of Ballots

Within 7 business days following the date fixed for the election, one or more members of the accounting firm appointed auditors of the College, or such other persons as may be appointed by council for the purpose of counting ballots, in the view of the scrutineers present, shall:

(1) Count each Election Return envelope duly received by the Registrar for the election.

(2) Determine whether the voting member has duly identified herself or himself on the Election Return, consulting with the Registrar or in his or her absence the deputy registrar as necessary for this purpose.

(3) Count as void any Election Return on which a voting member has not duly identified himself or herself or any Election Return that does not contain a sealed Ballot Envelope.

(4) Ensure that opened, valid Election Returns are separated from the unopened Ballot Envelopes in such a manner as to ensure the secrecy of the ballot.

(5) Count and record the votes duly marked on the Ballot Forms for each candidate.

(6) Count and record any spoiled Ballot Forms.

(7) Certify in writing the voting results of the election for each candidate, and the other results of the election as referred to in subsections 5(2) and 5(3) of this By-Law (the “Election Record”).

5. Voting Results

(1) The Registrar shall, within 3 business days of the completion of the counting of the ballots, inform each member of the College of the election results for each medical electoral division, by posting the results on the College’s website. The Registrar shall also cause the election results to be published in the next newsletter to the members of the College.

(2) The results of the election to be posted on the College’s website shall include the total number of Election Returns, the total number of any Election Returns counted as void, the total number of ballots counted as valid, the total number of any ballots counted as spoiled, and the identification of the candidates who were elected for each division.

(3) The numerical vote count for, and relative vote placing of, each candidate shall not be posted, but shall be recorded in the Election Record.

(4) The Election Returns and Ballot Forms received for an election shall be kept for a period of 30 days following the posting of the election results on the College website and then destroyed, unless the Registrar receives within that 30 day period of a written notice of objection to the election from a member of the College, qualified to have voted in the election, stating the reasons for the objection.

(5) Other than the election results to be posted and published in accordance with subsection 5(1) of this By-Law, the Election Record shall be kept confidential unless the council rules that it, or part of it, may be disclosed, or as may be otherwise required by law.

6. First Election

For the purposes of subsection 69(3) of the Act and the first election of members under the Act, the 4 elected members to be elected for a term of 3 years and the 3 elected members to be elected for a term of 2 years shall be selected by lot, or other method of random selection as may be determined by the council, at the first meeting of the council after the date fixed for the first election PROVIDED that 2 of the elected members to be elected for a term of 3 years are to be so randomly selected from those members elected for the division of the City of Mount Pearl and the City of St. John’s, and that 2 of the elected members to be elected for a term of 3 years are to be so randomly selected from those of the members elected for the division comprising the remainder of the Province.

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