Name prospective candidate commonly known by — determination

(1) If a nomination paper includes a name referred to in subparagraph 66(1)(a)(i.1) and documents have been filed under subsection 67(4) in respect of the
prospective candidate, then the returning officer shall determine, in accordance with the Chief Electoral Officer’s instructions, whether the documents prove that the prospective candidate is commonly known by that name.

Confusion with name of political party — determination

(2) If the returning officer determines that the documents prove that the prospective candidate is commonly known by that name, but in the returning officer’s opinion the name could be confused with the name of a political party, he or she shall notify the Chief Electoral Officer, who shall determine whether the name could be confused with one and shall inform the returning officer of the determination.

Name to appear on ballot

(3) The name referred to in subparagraph 66(1)(a)(i.1) shall be the name that appears on the ballot in respect of the prospective candidate unless
(a) the returning officer determines under subsection (1) that the documents filed under subsection 67(4) do not prove that the prospective candidate is commonly known by that name; or
(b) the Chief Electoral Officer determines under subsection (2) that the name could be confused with the name of a political party.

Clarification

(4) For greater certainty, if the name referred to in subparagraph 66(1)(a)(i.1) is not, under subsection (3), the name that is to appear on the ballot in respect of the prospective candidate, then the name that is to appear on the ballot in respect of the prospective candidate shall be the name referred to in subparagraph 66(1)(a)(i).

Notice of name to appear on ballot

(5) The returning officer shall, not later than 48 hours after the nomination paper is filed, give the prospective candidate notice, in the prescribed form, of whether the name referred to in subparagraph 66(1)(a)(i.1) is the name that is to appear on the ballot in respect of the prospective candidate.