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Bill C-379

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1st Session, 36th Parliament,
46-47 Elizabeth II, 1997-98

The House of Commons of Canada

BILL C-379

An Act to amend the Canada Elections Act

R.S., c. E-2; R.S., c. 27 (1st Supp.), c. 27 (2nd Suppl.); 1989, c. 28; 1990, cc. 16, 17; 1991, cc. 11, 47; 1992, cc. 1, 21, 51; 1993, cc. 19, 28; 1994, c. 26; 1995, c. 5; 1996, cc. 26, 35

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. Section 2 of the Canada Elections Act is amended by adding the following in alphabetical order:

``declined-
vote ballot paper''
« bulletin d'absten-
tion »

``declined-vote ballot paper'' means a ballot paper that has been provided under this Act to an elector to cast the elector's vote and, at the close of the poll, has been found in the ballot box to be marked in the circular space at the right of the declined-vote provision or in accordance with paragraph 30(b) of Schedule II, as the case may be;

``declined-
vote provision''
« inscription indiquant que l'électeur refuse de voter »

``declined-vote provision'' means the provision set out in a ballot paper pursuant to paragraph 100(1)(e);

2. Subsection 100(1) of the Act is amended by striking out the word ``and'' at the end of paragraph (c), by adding the word ``and'' at the end of paragraph (d) and by adding the following after paragraph (d):

    (e) the following provision shall be set out after the name of the candidate that last appears on that paper:

    ``I DECLINE TO VOTE FOR ANY OF THE ABOVE CANDIDATES''

3. Paragraph 132(1)(b) of the Act is replaced by the following:

    (b) use the pencil provided, or any other pencil or pen, to make a cross, or other mark that clearly indicates the elector's choice of candidate , in the circular space provided on the ballot opposite the name of the candidate, or the elector's choice to decline to vote for any of the candidates, in the circular space provided on the ballot opposite the declined-vote provision.

4. (1) Paragraph 161(1)(b) of the Act is replaced by the following:

    (b) that have not been marked for any candidate or to indicate that the elector declined to vote for any candidate ;

(2) Paragraph 161(1)(d) of the Act is replaced by the following:

    (d) that have not been marked in the small circular space, on which the natural colour of the paper appears, at the right of the name of a candidate or the declined-vote provision ;

5. Subsection 164(1) of the Act is amended by adding the following after paragraph (a):

    (a.1) all declined-vote ballot papers shall be put into a special envelope;

6. Subsection 165(2) of the Act is replaced by the following:

Documents to be enclosed in ballot box

(2) The envelopes containing the unused, declined-vote , rejected or spoiled ballot papers, or those counted for each candidate, each lot in its proper envelope, the envelope containing the official list of electors and other documents used at the poll shall be placed in the large envelope supplied for the purpose, which shall be immediately sealed and placed in the ballot box with, but not enclosing, the envelope containing the statement of the poll prepared for the returning officer and referred to in subsection (1) and the envelope containing the registration certificates.

7. Subsection 168(1) of the Act is replaced by the following:

Communica-
tion of vote

(1) The Chief Electoral Officer shall, on or as soon as possible after the closing of the polls at an election, inform the returning officer of each electoral district in which a poll has been granted of the number of votes cast for each candidate in the electoral district and the number of ballots rejected or declined-vote ballots cast in relation to the electoral district pursuant to the Special Voting Rules set out in Schedule II.

8. Subsection 179(2) of the Act is replaced by the following:

Order of judge to returning officer

(2) The judge to whom an application for a recount is made shall summon the returning officer to attend at the time and place appointed pursuant to subsection (1) with the envelopes containing the used and counted, unused, declined-vote, rejected and spoiled ballot papers, or the original statements of the poll signed by the deputy returning officers, as the case may be, that are relevant to the recount that is to take place.

9. Paragraph 180(1)(a) of the Act is replaced by the following:

    (a) shall open the sealed envelopes containing the used and counted, unused, declined-vote, rejected and spoiled ballot papers;

10. Paragraph 190(1)(h) of the Act is replaced by the following:

    (h) the returns from the various polling stations enclosed in sealed envelopes, as prescribed by sections 160 to 167, a packet of stubs and of unused ballot papers, packets of ballot papers cast for the several candidates, a packet of spoiled ballot papers, a packet of declined-vote ballot papers, a packet of rejected ballot papers and a packet containing the official list of electors used at the poll, the written appointments of candidates' agents and the used transfer certificates; and

11. Paragraph 193(a) of the Act is replaced by the following:

    (a) immediately after each general election, cause to be printed a report giving, by polling divisions, the number of votes polled for each candidate, the number of declined-vote ballots, the number of rejected ballots and the number of names on the final list of electors, together with any other information that the Chief Electoral Officer may deem fit to include; and

12. Form 3 in Schedule I to the Act is amended by replacing the front of the ballot paper as set out in that Form with the following:

*ep

13. Section 30 of Schedule II to the Act is replaced by the following:

Casting of vote

30. An elector who receives a ballot paper shall cast a vote by

    (a) writing on the ballot paper the names or initials and the surname of the candidate of the elector's choice and, where there are two or more candidates with the same name, the elector shall also write the name of the applicable registered party or the word ``independent'', as the case may be, or

    (b) writing in, after the words, ``I DECLINE TO VOTE FOR'', the words, ``any candidate''.

14. The portion of paragraph 67(1)(b) of Schedule II to the Act before subparagraph (ii)(A) is replaced by the following:

    (b) the elector shall thereupon cast a ballot secretly by

      (i) writing on the ballot paper the names or initials and the surname of the candidate of the elector's choice and, where there are two or more candidates with the same name, the elector shall also write the name of the applicable registered party or the word ``independent'', as the case may be, or

      (ii) writing in, after the words ``I DECLINE TO VOTE FOR'', the words, ``any candidate'', and

      (iii) folding the ballot paper and, in the presence of the deputy returning officer,

15. The portion of paragraph 84(1)(b) of Schedule II to the Act before subparagraph (ii)(A) is replaced by the following:

    (b) the elector shall thereupon cast a ballot secretly by

      (i) writing on the ballot paper the names or initials and the surname of the candidate of the elector's choice and, where there are two or more candidates with the same name, the elector shall also write the name of the applicable registered party or the word ``independent'', as the case may be, or

      (ii) writing in, after the words ``I DECLINE TO VOTE FOR'', the words, ``any candidate'', and

      (iii) folding the ballot paper and, in the presence of the deputy returning officer,

16. Subsection 96(1) of Schedule II to the Act is amended by striking out the word ``and'' at the end of paragraph (b) and by adding the following after paragraph (b):

    (b.1) the number of declined-vote ballots in each electoral district; and

17. Paragraph 104(1)(b) of Schedule II to the Act is replaced by the following:

    (b) that have not been marked in favour of a candidate or to indicate that the elector declined to vote for any candidate ;

18. Schedule II to the Act is amended by replacing the front of the ballot paper as set out at the end of that Schedule with the following:

*ep

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