Civil Service Superannuation Board Employee Representatives Election Regulation

Civil Service Superannuation Board Employee Representatives Election Regulation, M.R. 239/96 The Civil Service Superannuation Act , C.C.S.M. c. C120 Regulation 239/96 Registered December 6, 1996 bilingual version (HTML) Table of Contents Section INTERPRETATION 1 Definitions ELECTIONS 2 Election of employee representatives 3 When elections are to be held 4 Employee groups to elect representatives 5 Eligibility for nomination 6 Eligibility to be elected 7 Eligibility to hold office 8 Eligibility to vote NOMINATIONS 9 Nominations to be by committee 10 Nominating committee for government employee group 11 Nominating committee for Manitoba Hydro employee group 12 Repealed 13 When nominating committees to be constituted 14 Appointment of chairperson 15 Renumbered as section 17.1 16 Notice inviting proposed nominations 17 Distribution of notice through payroll system 17.1 Proposing candidates for employee representative 18 Selection of candidates PREPARATION AND DISTRIBUTION OF BALLOTS 19 Preparation of ballot 20 Ballots 21 Inner and outer voting envelopes 22 Printing and distribution of ballots 23 Duties of payroll administrator 24 When elector does not receive a ballot VOTING AND COUNTING BALLOTS 25 Secret ballot 26 Number of votes 27 Marking a ballot 28 Completion of voting 29 Determining eligibility of voters 30 Counting of votes 31 Ballots not to be counted 32 Note of objection 33 Ballot account 34 Equality of votes 35 Election results 36 Packets of ballots and notes APPEALS 37 Appeal 38 Appeal committee 39 Establishment of appeal committee 40 Powers of the appeal committee TERM OF OFFICE 41 Term of office VACANCIES 42 Vacancy during term EXTENSION OF TIME 43 Extension of time REPEAL 44 Repeal Schedule 1 Ballot for the employee group 2 Repealed INTERPRETATION Definitions 1(1) In this regulation, "Act" means The Civil Service Superannuation Act ; (« Loi ») "Advisory Committee" means The Employer Pension and Insurance Advisory Committee continued under subsection 10.1(4) of the Act; (« Comité consultatif ») "agency of the government" means any agency of the government whose employees contribute to the fund but does not include Manitoba Hydro; (« organisme gouvernemental ») "appeal committee" means an appeal committee established under section 39; (« Comité d'appel ») "ballot" means a ballot referred to in subsection 20(2); (« bulletin de vote ») "board" means The Civil Service Superannuation Board; (« Régie ») "college" means (a) the University College of the North, and (b) Assiniboine Community College, Red River College Polytechnic and any other college under The Colleges Act whose employees contribute to the fund; (« collège ») "election" means an election of employee representatives under this regulation; (« élection ») "election year" means a year in which elections are required by section 3 to be held; (« année d'élections ») "elector" means an employee who is eligible under section 8 to vote for an employee representative; (« électeur ») "employee" means a person who ordinarily contributes to the fund; (« employé ») "employee group" means the government employee group or the Manitoba Hydro employee group; (« groupe d'employés ») "employee representative" means a member of the board elected by electors or appointed under section 42; (« représentant des employés ») "employee number" means the number assigned to, or used by an employer in respect of, the employee for payroll purposes; (« numéro de l'employé ») "fund" means The Civil Service Superannuation Fund constituted under the Act; (« Caisse ») "general manager" means the general manager of the board or any person acting in his or her place; (« directeur général ») "government employee group" means, subject to subsection (2), the employees of the government and agencies of the government, and includes employees of the MGEU; (« groupe d'employés du gouvernement ») "Liaison Committee" means the Superannuation and Insurance Liaison Committee continued under subsection 10.1(2) of the Act; (« Comité de liaison ») "Manitoba Hydro employee group" means, subject to subsection (2), the employees of Manitoba Hydro; (« groupe d'employés d'Hydro-Manitoba ») "MGEU" means the Manitoba Government Employees' Union; (« SFPM ») "minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of the Act; (« ministre ») "nominating committee" means a nominating committee referred to in section 10 or 11; (« Comité des candidatures ») "notice of invitation" means a notice described in clause 16(1)⁠(a); (« avis d'appel de candidatures ») "payroll administrator" means the payroll administrator referred to in subsection 17(1); (« préposé à la paye ») "workday" means a day that does not fall on a weekend or a holiday. (« jour ouvrable ») 1(2) For the purposes of determining a person's eligibility (a) to be appointed to the nominating committee for an employee group; or (b) to be nominated, elected or appointed as employee representative of an employee group or to hold office as an employee representative of that group, the group includes former employees who were last employed as members of that group and who are receiving or entitled to receive a pension under the Act in relation to that employment. M.R. 54/97; 70/2006 ; 115/2025 ELECTIONS Election of employee representatives 2 Employee representatives are to be elected or appointed in accordance with this regulation. When elections are to be held 3(1) Elections are to be held in 1997 and in every third year after that. 3(2) Despite subsection (1), no election is to be held in 2015 and an election is to be held in 2016. Subsequent elections are to be held in every third year after 2016. M.R. 20/2015 Employee groups to elect representatives 4 Employee representatives are to be elected as follows: (a) three by the government employee group; (b) one by the Manitoba Hydro employee group; (c) [repealed] M.R. 54/97. M.R. 54/97 Eligibility for nomination 5 A person is eligible to be nominated as a candidate for employee representative of an employee group in an election year if he or she (a) is an employee in that group at the time of the nomination and was an employee in that group or the other employee group at the end of the last pay period of the preceding year; or (b) is included as a member of that group by reason of subsection 1(2). M.R. 70/2006 Eligibility to be elected 6 A person is eligible to be elected as the employee representative of an employee group in an election year if he or she (a) was eligible for nomination as a candidate for employee representative of the employee group at the time of nomination; and (b) is a member of the employee group when the votes are counted under section 30. M.R. 70/2006 Eligibility to hold office 7 A person is eligible to hold office as the employee representative of an employee group (a) if he or she was eligible under section 6 at the time of election; and (b) as long as he or she is a member of the employee group. M.R. 70/2006 Eligibility to vote 8 A person is eligible to vote for the employee representative of his or her employee group in an election year if he or she (a) is shown in the records of the board, at the time that his or her eligibility to vote is examined under section 29, to be an employee in the employee group; and (b) was an employee in any employee group on the last day of the last pay period of the preceding year. NOMINATIONS Nominations to be by committee 9(1) Nominations for the employee representative or representatives of each employee group are to be made by the nominating committee for the employee group. 9(2) A majority of the members of a nominating committee constitutes a quorum. 9(3) Despite any vacancy on a nominating committee, the remaining members may exercise all the powers of the nominating committee as long as a quorum of the nominating committee remains in office. Nominating committee for government employee group 10 The members of the Liaison Committee who belong to the government employee group must appoint a nominating committee for that group for an election year. The nominating committee is to consist of five of those members (a) one of whom is a member of the group by reason of his or her employment or former employment with a college; (b) one of whom is a member of the group by reason of his or her employment or former employment with The Liquor Control Commission or the Manitoba Liquor and Lotteries Corporation; (c) one of whom is a member of the group by reason of his or her employment or former employment with The Manitoba Public Insurance Corporation; and (d) two of whom are members of the group by reason of their employment or former employment with the government, an agency of the government or the MGEU. M.R. 70/2006 ; 115/2025 Nominating committee for Manitoba Hydro employee group 11 The members of the Liaison Committee who belong to the Manitoba Hydro employee group must appoint a nominating committee for that group for an election year. The nominating committee is to consist of three of those members. M.R. 70/2006 12 [Repealed] M.R. 54/97 When nominating committees to be constituted 13 Appointments to the nominating committees for an election year are to be made not later than the last workday in March of that year. M.R. 70/2006 Appointment of chairperson 14 Each nominating committee shall appoint one of its members as a chairperson. 15 [Renumbered as section 17.1] Notice inviting proposed nominations 16(1) The nominating committee of each employee group shall (a) prepare a notice of invitation that includes (i) the date of the election of employee representatives; (ii) the name of the employee group and the number of employee representatives to be elected by it; (iii) a statement to the effect that any member of the employee group may propose to the nominating committee one or more candidates for employee representative on the board; (iv) particulars of who is eligible to be nominated; (v)  a statement of the requirements of subsection 15(2) and that proposed nominations must be received by the nominating committee not later than 4:00 p.m. on the last workday in June of the election year, and (vi) the address of the nominating committee and the address of a member of the committee from whom further information may be obtained; and (b) make reasonable efforts to bring it to the attention of employees in the employee group. 16(2) Reasonable efforts of a nominating committee under clause (1)⁠(b) (a) include furnishing copies of the notice of invitation to payroll administrators in accordance with subsection 17(1); and (b) may include posting the notice in workplaces and publishing the notice in newsletters or by other means that are likely to come to the attention of employees in the employee group. M.R. 70/2006 Distribution of notice through payroll system 17(1) Not later than the last workday in April of each election year, the nominating committee for an employee group shall furnish to each payroll administrator responsible for the processing of salary payments to employees in the employee group a sufficient number of copies of the notice of invitation to permit the payroll administrator to furnish a copy to each employee for whose salary payment the payroll administrator is responsible. 17(2) Not later than the last workday in May of an election year, the payroll administrator shall, without delay after receipt, distribute or cause to be distributed a copy of the notice of invitation to every employee for whose salary payment the payroll administrator is responsible. 17(3) No nomination of employee representatives is invalid by reason of the failure of (a) the payroll administrator to distribute copies of the notice or cause them to be distributed; or (b) any employee to receive a copy of the notice. M.R. 70/2006 Proposing candidates for employee representative 17.1(1) Not later than 4:00 p.m. on the last workday in June in an election year, any employee in an employee group may propose to the nominating committee for the employee group that any member of the group be nominated as a candidate for employee representative of the group. 17.1(2) A proposal must be in writing and must include the following: (a) the surname and at least one of the given names of the proposed candidate; (b) in the case of an employee, (i) the name of the employer of the proposed candidate and, in the case of the government, the department or branch of the government in which the proposed candidate is employed, and (ii) the title of the position held by the proposed candidate; (c) in the case of a former employee, (i) a statement that the proposed candidate is a former employee, and (ii) the name of the former employee's last employer and, in the case of the government, the department or branch of the government in which the proposed candidate was last employed, and the title of the position that he or she held; (d) a statement to the effect that the person submitting the proposal requests that the proposed candidate be considered as a candidate for employee representative of the employee group; (e) the name and signature of the person submitting the proposal; and (f) a signed statement by the proposed candidate to the effect that he or she consents to being nominated and to acting as employee representative if elected. M.R. 70/2006 Selection of candidates 18(1) The nominating committee for each employee group shall select candidates for employee representative of the group in accordance with this section. 18(1.1) The Liaison Committee must establish criteria for the selection of candidates and the nominating committees must consider those criteria when making their selections. 18(2) In making its selection, a nominating committee shall consider all proposals made under section 17.1 that it receives by 4:00 p.m. on the last workday in June of an election year but is not required to nominate any of the proposed candidates. 18(3) The nominating committee for the government employee group shall select not fewer than four and not more than eight candidates and provide its list of candidates to the board before the end of July of the election year. 18(4) The nominating committee for the Manitoba Hydro group shall select not fewer than two and not more than four candidates and provide its list of candidates to the board before the end of July of the election year. 18(5) Each candidate selected by each nominating committee of an employee group shall (a) be eligible to be nominated as a candidate for employee representative of the group; and (b) if he or she is not a candidate proposed by an employee under section 17.1, provide a signed statement that he or she consents to be nominated and to act as employee representative of the group if elected. M.R. 54/97; 70/2006 PREPARATION AND DISTRIBUTION OF BALLOTS Preparation of ballot 19 Not later than the end of July of an election year, the nominating committee for each employee group shall furnish to the general manager the following information about each candidate: (a) the surname and at least one of the given names of each candidate; (b) in the case of an employee, (i) the name of the candidate's employer and, in the case of the government, the department or branch of the government in which the proposed candidate is employed, and (ii) the title of the position held by the candidate; (c) in the case of a former employee, (i) a statement that the candidate is a former employee, and (ii) the name of the former employee's last employer and, in the case of the government, the department or branch of the government in which the candidate was last employed, and the title of the position that he or she held. M.R. 70/2006 Ballots 20(1) A separate ballot shall be used for each employee group. 20(2) The ballot for each employee group shall be in the form set out in Schedule 1. 20(3) Each ballot for an employee group shall contain the name of each candidate nominated for employee representative of the employee group. 20(4) The names of the candidates for the employee representative shall be placed on the ballot for that employee group in alphabetical order by surname, and, if more than one candidate has the same surname, the names of those candidates shall be arranged in the alphabetical order of their given names. Inner and outer voting envelopes 21(1) Each inner voting envelope shall have "Ballot" printed on it. 21(2) The outer voting envelope must (a) have the general manager's address preprinted on it; and (b) be large enough for the inner voting envelope to be inserted into it. M.R. 70/2006 Printing and distribution of ballots 22 Not later than the last workday in August of an election year, the general manager shall (a) prepare a ballot for each employee group; (b) have printed a sufficient number of ballots and inner and outer voting envelopes to permit every elector to cast a vote for the employee representative or representatives of his or her employee group; (c) have inserted in an envelope for each elector (referred to as the "elector's package") (i) one ballot for the election of his or her group's employee representative or representatives, (ii) one inner voting envelope, (iii) one outer voting envelope, and (iv) a label setting out the name of the employee, the name of his or her employer and the identification number assigned to the employee by the board; and (d) send the electors' packages, with the enclosures listed in clause (c), to the payroll administrators responsible for processing the electors' salary payments. M.R. 70/2006 Duties of payroll administrator 23 Upon receiving the electors' packages, the payroll administrator must distribute them without delay to the electors. The payroll administrator must make a record of the day he or she received the packages and the day he or she distributed them. M.R. 70/2006 When elector does not receive a ballot 24 An elector who does not receive a ballot by the last workday in September of an election year may notify the general manager who shall without delay furnish a ballot and an inner and outer voting envelope to the elector. M.R. 70/2006 VOTING AND COUNTING BALLOTS Secret ballot 25 Voting shall be by secret ballot. Number of votes 26(1) An elector may vote once for each candidate he or she chooses to vote for. 26(2) An elector may not vote for more than the number of employee representatives to be elected by the elector's employee group. Marking a ballot 27(1) An elector who is entitled to vote for one employee representative shall mark his or her ballot by placing an "X" in the box on the right hand side opposite the name of the candidate of his or her choice. 27(2) An elector who is entitled to vote for more than one employee representative shall mark his or her ballot by placing an "X" in the box on the right hand side opposite the name of each candidate of his or her choice. Completion of voting 28 After marking a ballot, the elector shall (a) place the ballot in the inner voting envelope and seal it; (b) place the sealed inner voting envelope in the outer voting envelope and seal it; (c) affix the label with the elector's name and identification number and the name of the elector's employer on the outer voting envelope; and (d) deliver or send the outer envelope to the general manager at the address shown on the envelope in sufficient time for the general manager to receive it no later than 4:00 p.m. on the last workday in October of the election year. M.R. 70/2006 Determining eligibility of voters 29(1) Before counting the ballots, the general manager shall examine each outer voting envelope containing a ballot and, without opening the envelope, shall set aside each envelope from a voter who (a) is not eligible to vote for an employee representative of the employee group specified on the envelope; or (b) has attempted to vote more than once; and the ballot within each such envelope is void and shall not be counted. 29(2) The general manager shall endorse on the back of each envelope set aside under subsection (1) the word "rejected" and the reason for the rejection and shall initial the endorsement. Counting votes 30 At the beginning of the last workday in November of the election year, the general manager, in the presence of any scrutineer appointed by the nominating committee for each employee group, if he or she chooses to be present, shall open the voting envelopes, other than those rejected under section 29, and proceed to count the votes. M.R. 70/2006 Ballots not to be counted 31(1) The general manager shall examine the ballots and any ballot (a) on which more votes are cast than an elector is entitled to cast; (b) on which anything is written or marked by which a person casting a vote can be identified; (c) that is torn, defaced or otherwise dealt with by a person casting a vote so that he or she can thereby be identified, (d) that has not been marked with the symbol "X"; or (e) that is spoiled or on which no vote has been cast; is void and shall not be counted. 31(2) The general manager shall set aside each ballot rejected under subsection (1) and endorse on the back of it the word "rejected" and, if the rejection is objected to, the words "rejection objected to", and shall initial the endorsement. 31(3) Despite subsections (1) and (2), a ballot is not void merely because the voter has marked it out of, or partly out of, the proper space or has marked it with a symbol other than "X", if the mark clearly indicates the voter's intention to vote for the candidate opposite whose name the mark is placed. Note of objection 32(1) The general manager shall decide any question arising out of an objection to the counting or rejection of a ballot and shall make a note of the objection and the decision. 32(2) Every objection shall be numbered and a corresponding number shall be placed on the back of the ballot or, in the case of a ballot rejected under section 29, on the back of the envelope, and the general manager shall initial the endorsement. Ballot account 33 The general manager shall count the votes marked for each candidate on the ballots not rejected and shall prepare and sign a ballot account for each employee group that sets out the following: (a) particulars of the election for which the ballot account is prepared; (b) the number of ballots received by the general manager not later than 4:00 p.m. on the last workday in October of the election year; (c) the number of ballots counted; (d) the number of rejected ballots; (e) the number of ballots cast for each candidate; and (f) a ranked list of the candidates with their names listed in descending order of the number of votes received. M.R. 70/2006 Equality of votes 34(1) If two or more candidates for a position have received the same number of votes, the general manager (a) shall write the names of those candidates separately on blank sheets of paper of equal size and of the same colour and texture; (b) after folding the sheets of paper in a uniform manner and so that the names are concealed, shall deposit them in a receptacle; and (c) shall direct a person to draw, one at a time, each sheet out of the receptacle. 34(2) Each candidate whose name is drawn before the name of another candidate in a draw for the same position is deemed to have received one more vote than the candidate whose name is drawn next after his or hers. 34(3) The general manager shall endorse the ranked list of candidates referred to in clause 33(f) to reflect the results of the draw. Election results 35 The general manager shall (a) declare elected as employee representative for each employee group, the candidate for the group, or in the case of the government employee group the two candidates for the group, who received the highest number of votes; and (b) notify the minister and the nominating committee for each group of the election results. Packets of ballots and notes 36 At the completion of the counting of the ballots and in the presence of the scrutineers, if any, the general manager shall make up into separate packets, seal and label as to its contents (a) the ballots that were counted; (b) the ballots that were not counted; and (c) the notes taken of objections made to ballots. APPEALS Appeal 37 A nominating committee may, by written notice submitted to the general manager at the Civil Service Superannuation Board office within 14 days after a declaration is made under section 35, appeal the results of the election on the grounds that the election was not conducted in accordance with this regulation. Appeal committee 38(1) The appeal committee shall consist of (a) one member appointed by the Advisory Committee; (b) one member appointed by the members of the Liaison Committee who are not members of a nominating committee; (c) one member appointed by the members referred to in clauses (a) and (b). 38(2) The member referred to in clause (1)⁠(c) shall act as chairperson of the appeal committee. M.R. 70/2006 Establishment of appeal committee 39(1) Without delay after receiving a notice of appeal, the general manager shall give written notice to the Advisory Committee and the Liaison Committee to appoint a member to the appeal committee. 39(2) The Advisory Committee and the members of the Liaison Committee referred to in clause 38(1)⁠(b) shall, without delay and in any event not later than 14 days after receipt of the notice, each appoint a member to the appeal committee. 39(3) The members appointed under subsection (2) shall, without delay and in any event not later than 14 days after the last of them is appointed, meet and choose the third member from among persons who are not members of the Advisory Committee or the Liaison Committee. 39(4) In the event of a failure to appoint a member under subsection (2) or (3), the general manager may make the appointment. 39(5) The general manager shall, without delay after the appeal committee is established, send each notice of appeal submitted under section 37 to its chairperson. M.R. 70/2006 Powers of the appeal committee 40(1) The appeal committee shall give the nominating committee and any other person it considers appropriate an opportunity to be heard. 40(2) If the appeal committee finds that this regulation was not complied with and that, if the non-compliance had not occurred, the result of the election would likely have been different, the committee may do one or more of the following: (a) recount all the ballots or the ballots cast by one or more of the employee groups; (b) make any order that it considers appropriate to remedy the non-compliance including an order declaring the election results generally or with respect to one or more employee groups invalid and requiring that a new election or a new election by one or more employee groups be held. 40(3) If an election is declared invalid by order of the appeal committee, (a) unless it was found to be invalid because of an invalid selection of candidates, the candidates for the new election shall be the same as the candidates for the invalid election; and (b) the appeal committee shall specify, in its order, the time and procedural requirements for the new election, to the extent that they differ from the requirements set out in this regulation, including the manner of and time for giving notice of the new election and distributing the ballots and the time for voting, counting the votes and declaring the results. TERM OF OFFICE Term of office 41(1) A person elected as an employee representative under this regulation becomes a member of the board on January 1 of the year following the election and, subject to subsection (3), continues as an employee representative and member of the board until the end of the next election year. 41(2) Subject to subsection (3), the term of office of a person who was an employee representative on January 1, 2006, is extended to December 31, 2006. 41(3) A person ceases to be an employee representative and a member of the board upon his or her ceasing to be a member of the employee group that he or she was elected or appointed under this regulation to represent. M.R. 70/2006 VACANCIES Vacancy during term 42(1) If a person ceases to hold office as an employee representative for an employee group before the end of the term for which he or she was elected under this regulation or appointed under this section, the board shall within 90 days after the office becomes vacant appoint a person, in accordance with subsection (2), to fill the vacancy for the balance of the term. 42(2) The unelected candidates for an office may and are entitled to be appointed to fill a vacancy in that office in the descending order of the number of votes cast for them in the most recent election. 42(3) If no person is eligible and willing to accept an appointment under subsection (1) and the vacancy arose more than eight months before the end of the term, the general manager may conduct an election of a new employee representative for the employee group whose representative ceased to hold office, and the provisions of this regulation apply to that election with such modifications as the general manager considers necessary or advisable to conduct the election in a fair and timely manner. EXTENSION OF TIME Extension of time 43 If in the general manager's opinion the failure of a person to meet a time limit for the doing of any act or thing required or permitted to be done under this regulation is due wholly or in a material way to (a) any act or omission of the person or the person's employer or of the board or an employee of the board; or (b) irregular circumstances beyond the person's control; the general manager may extend the time for doing the act or thing. REPEAL Repeal 44 Manitoba Regulation 437/88 R is repealed. SCHEDULE 1 (Section 20(2)) BALLOT FOR THE [ insert name ] EMPLOYEE GROUP DIRECTIONS TO VOTERS AN EMPLOYEE WHO IS ELIGIBLE TO VOTE IN THE [ insert name ] EMPLOYEE GROUP IS ENTITLED TO VOTE FOR [ insert number ] EMPLOYEE REPRESENTATIVE(S). 1. The Civil Service Superannuation Board Employee Representative Election Regulation provides in part as follows: 8 A person is eligible to vote for the employee representative of his or her employee group in an election year if he or she (a) is shown in the records of the board, at the time that his or her eligibility to vote is examined under section 29, to be an employee in the employee group; and (b) was an employee in any employee group on the last day of the last pay period of the preceding year. [Items 2 and 3 of the ballot for the government employee group:] 2. You may vote for not more than three candidates. 3. You must vote by marking an "X" in the box on the right hand side opposite the name of each candidate you choose. [Items 2 and 3 of the ballot for the Manitoba Hydro employee group] 2. You may vote for one candidate. 3. You must vote by marking an "X" in the box on the right hand side opposite the name of the candidate you choose. 4. After marking your ballot, (a) place the ballot in the inner voting envelope and seal it; (b) place the sealed inner voting envelope in the outer voting envelope and seal it; (c) affix to the outer voting envelope, where indicated, the label with your name and identification number and the name of your employer; and (d) deliver or send the sealed outer envelope to the General Manager of the Civil Service Superanuation Board at the address shown on the envelope so that he or she receives it not later than 4:00 p.m. on the last workday in October of this year. Any ballot that is received by the General Manager after that date and time will not be counted. 5. You are entitled to complete and submit one ballot only. 6. Your vote will not be counted if (a) anything is written or marked on the ballot by which your vote may be identified; or (b) your ballot is torn, defaced or otherwise dealt with so that you can be identified. ALLAN Alice Allan, Accountant, Department of X ☐ BARCLAY Benjamin Barclay, Permit Clerk, Department of Y ☐ CLAY Clarissa Clay, Computer Programmer, Department of Z ☐ DANN David Dann, Technician, ABC Commission ☐ SCHEDULE 2 [Repealed] M.R. 70/2006