Bill C-55

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First Reading

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1st Session, 39th Parliament,

55-56 Elizabeth II, 2006-2007

house of commons of canada

BILL C-55

An Act to amend the Canada Elections Act (expanded voting opportunities) and to make a consequential amendment to the Referendum Act

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

2000, c. 9

CANADA ELECTIONS ACT

1. The definitions “advance polling station” and “spoiled” in subsection 2(1) of the Canada Elections Act are replaced by the following:

“advance polling station”
« bureau de vote par anticipation »

“advance polling station” means a polling station established for the purposes of Part 10.

“spoiled”
« annulé »

“spoiled”, in relation to a ballot or a special ballot as defined in section 177, means

(a) one that has not been deposited in the ballot box but has been found by the deputy returning officer to be soiled or improperly printed; or

(b) one that is dealt with under subsection 152(1), including in relation to advance polls by virtue of subsection 167.1(1), or subsection 213(4), 242(1) or 258(3).

2. Paragraphs 32(b) and (c) of the Act are replaced by the following:

(b) for the first four days of advance polling, one deputy returning officer and one poll clerk for each advance polling station in the electoral district;

(c) for the last day of advance polling and polling day, one deputy returning officer and one poll clerk for each advance polling station and each polling station in the electoral district; and

3. Section 106 of the Act is replaced by the following:

Official list of electors

106. Each returning officer shall, as soon as possible after the 7th day before polling day but no later than the 3rd day before polling day, prepare the official list of electors for each polling division for use on the last day of advance polling and polling day.

4. Section 140 of the Act is replaced by the following:

Opening of polling station

140. When the polling station opens, the deputy returning officer shall, in full view of the candidates or their representatives who are present,

(a) unseal and open the ballot box, leaving in it the sealed envelopes containing the spoiled ballots and the ballots cast on the last day of advance polling;

(b) take out and open the envelope that contains the unused ballots and the record of votes cast on the last day of advance polling;

(d) place the ballot box on a table in full view of all present and keep it there until the polling station closes.

5. The Act is amended by adding the following before the heading “Establishment of Advance Polling Stations” before section 168:

Holding of Advance Polls

Conduct of advance polls

167.1 (1) Except as provided in this Part, an advance poll shall be conducted in the same manner as the manner in which the vote at a polling station on polling day is conducted and shall be regarded as such for all purposes of this Act.

When advance polling stations to be open

(2) An advance polling station shall only be open between the hours of noon and 8:00 p.m. on Friday, Saturday, Sunday and Monday the 10th, 9th, 8th and 7th days, respectively, before polling day, and Sunday the day before polling day.

Notice of advance poll

167.2 Each returning officer shall, not later than Saturday the 16th day before polling day,

(a) give a notice, in the prescribed form, in the electoral district of the advance poll, that sets out the following information:

(i) the numbers of the polling divisions in every advance polling district that is established by the returning officer for the 10th, 9th, 8th and 7th days before polling day,

(ii) the name, if any, and the number of each of the polling divisions established for the day before polling day,

(iii) the address of each advance polling station,

(iv) the place where the deputy returning officer appointed under paragraph 32(b) or (c) for each advance polling station is to count the number of votes cast at the advance polling station, and

(v) the fact that the counting of the votes cast is to take place on polling day as soon after the close of the polling stations as possible; and

(b) send two copies of the notice to each candidate and to the Chief Electoral Officer.

First Four Days of Advance Polling

6. Sections 171 and 172 of the Act are repealed.

7. (1) The portion of subsection 175(1) of the Act before paragraph (a) is replaced by the following:

Examining and sealing of ballot box

175. (1) At the opening of an advance polling station at noon on the first day of advance polling, the deputy returning officer shall, in full view of the candidates or their representatives who are present,

(2) The portion of subsection 175(2) of the Act before paragraph (a) is replaced by the following:

Close of advance poll

(2) At the close of the advance polling station at 8:00 p.m. on each of the first four days of advance polling, the deputy returning officer shall, in full view of the candidates or their representatives who are present,

(3) The portion of subsection 175(4) of the Act before paragraph (b) is replaced by the following:

Re-opening of advance poll

(4) At the re-opening of the advance polling station at noon on the 2nd, 3rd and 4th days of advance polling, the deputy returning officer shall, in full view of the candidates or their representatives who are present,

(a) unseal and open the ballot box, leaving in it the sealed envelopes containing the spoiled ballots and the ballots cast on the previous day or days of advance polling;

(4) Subsection 175(6) of the Act is replaced by the following:

Candidates may check seals

(6) When an advance polling station closes on each of the first four days of advance polling, the candidates or their representatives may take note of the serial number of the seal on the ballot box, and may again take note of the serial number when the advance polling station is re-opened on each of the 2nd, 3rd and 4th days of advance polling and when the votes are counted on polling day.

8. The Act is amended by adding the following after section 176:

Last Day of Advance Polling

Advance polling stations

176.1 Every polling station established for polling day shall be open as an advance polling station on the day before polling day.

Registration at advance polling station

176.2 (1) Every elector whose name is not on the official list of electors may register in person before the deputy returning officer in the advance polling station where the elector is entitled to vote.

Conditions

(2) An elector referred to in subsection (1) shall not be registered unless he or she provides satisfactory proof of identity and residence.

Registration certificate

(3) If the elector satisfies the requirements of subsection (2), the deputy returning officer shall complete a registration certificate in the prescribed form and the elector shall sign it.

Recording of eligible electors

(4) The poll clerk shall indicate on the prescribed form the names of the electors who are permitted to vote under this section.

List deemed to be modified

176.3 When a registration certificate is completed and signed in accordance with subsection 176.2(3), the official list of electors is deemed to have been modified in accordance with the certificate.

Who may vote at advance polls

176.4 (1) An elector whose name is on the official list of electors for a polling division may vote at the advance polling station established for the polling division.

Elector not on the revised list

(2) An elector whose name is not on the official list of electors may not vote at an advance polling station unless

(a) the elector provides satisfactory proof of identity, and the deputy returning officer ascertains with the returning officer that the elector is listed either on the preliminary list of electors or was registered during the revision period; or

(b) the elector has obtained a registration certificate in accordance with subsection 176.2(3).

Procedure by poll clerk

(3) If an elector whose name is not on the official list of electors has voted, the poll clerk shall indicate on the prescribed form that the elector has voted in accordance with subsection (2).

Duties of deputy returning officer

176.5 (1) If an elector whose name is on the official list of electors makes a request to vote at an advance polling station that is established for his or her polling division, the deputy returning officer shall permit the elector to vote unless

(a) the deputy returning officer, the poll clerk, a candidate or a representative of a candidate at the advance polling station asks that the elector take the oath referred to in subsection 144(2) and the elector refuses to do so; or

(b) the elector refuses to sign the record of votes cast at an advance polling station referred to in subsection (2), as directed by the poll clerk under that subsection.

Record of votes cast

(2) The poll clerk at the advance polling station shall, under the direction of the deputy returning officer, keep a record in duplicate, in the prescribed form, of the names of all electors who vote at the advance polling station, in the order in which they vote, and shall

(a) mark on the record the notations that the poll clerk is required by this Act to make opposite an elector’s name at a polling station on polling day; and

(b) direct the elector to sign the record opposite his or her name.

Opening of advance poll

176.6 (1) At the opening of the advance polling station at noon on the day before polling day, the deputy returning officer shall, in full view of the candidates or their representatives who are present,

(a) open the ballot box and ascertain that it is empty;

(b) seal the ballot box with the seals provided by the Chief Electoral Officer; and

(c) place the ballot box on a table in full view of all present and keep it there until the advance polling station closes.

Close of advance poll

(2) At the close of the advance polling station at 8:00 p.m., the deputy returning officer shall, in full view of the candidates or their representatives who are present,

(a) unseal and open the ballot box;

(b) empty the ballots cast during that day, in a manner that does not disclose for whom any elector has voted, into the envelope supplied for the purpose, seal the envelope with the seal provided by the Chief Electoral Officer and indicate on it the number of ballots that it contains;

(c) count the spoiled ballots, place them in the envelope supplied for the purpose, seal the envelope and indicate on it the number of spoiled ballots that it contains;

(d) count the unused ballots and the number of electors who have voted at the advance polling station and place the unused ballots and a copy of the record of votes cast at the advance polling station in the envelope supplied for the purpose, seal the envelope with the seal provided by the Chief Electoral Officer and indicate on it the number of unused ballots that it contains and the number of electors who have voted; and

(e) place the envelopes referred to in paragraphs (b) to (d) in the ballot box after the signatures have been made as described in subsection (3), and seal the ballot box.

Affixing of signatures

(3) The deputy returning officer and poll clerk shall place their signatures on the seals affixed to the envelopes referred to in paragraphs (2)(b) to (d). The candidates or their representatives who are present may also place their signatures on the seals.

Candidates may check seals

(4) When the advance polling station closes, the candidates or their representatives may take note of the serial number of the seal on the ballot box, and may again take note of the serial number when the advance polling station is re-opened as a polling station on polling day.

List of electors who voted

(5) When the advance polling station closes, the poll clerk shall provide to a candidate’s representative, on the prescribed form and as directed by the Chief Electoral Officer, the identity of every elector who has exercised his or her right to vote.

Custody of ballot box

(6) The deputy returning officer shall keep the sealed ballot box in his or her custody until the advance polling station is re-opened as a polling station on polling day.

9. Subsection 289(1) of the Act is replaced by the following:

Counting of votes on polling day

289. (1) At the close of the polling stations on polling day, the deputy returning officer of an advance poll shall attend with the poll clerk at the place mentioned in the notice of advance poll in subparagraph 167.2(a)(iv) to count the votes.

10. Section 490 of the Act is amended by striking out the word “or” at the end of paragraph (b) and by adding the following after paragraph (c):

(d) being a deputy returning officer, wilfully contravenes subsection 176.5(1) (failure to permit person to vote);

(e) being a poll clerk, wilfully contravenes subsection 176.5(2) (failure to record vote); or

(f) being a deputy returning officer, contravenes any of subsections 176.6(1) to (4) or (6) (improper handling of ballot box and ballots at advance poll) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast.

1992, c. 30

CONSEQUENTIAL AMENDMENT TO THE REFERENDUM ACT

1996, c. 35, s. 93

11. The reference to “section 171” in Schedule II to the Referendum Act is replaced by a reference to “section 167.1”.

COORDINATING AMENDMENTS

Bill C-31

12. (1) Subsections (2) to (8) apply if Bill C-31, introduced in the 1st session of the 39th Parliament and entitled An Act to amend the Canada Elections Act and the Public Service Employment Act (the “other Act”), receives royal assent.

(2) On the later of the day on which section 8 of this Act comes into force and the day on which section 28 of the other Act comes into force — or, if those days are the same day, then on that day — subsection 176.6(5) of the Canada Elections Act is repealed.

(3) On the later of the day on which section 8 of this Act comes into force and the day on which subsection 30(1) of the other Act comes into force — or, if those days are the same day, then on that day — subsection 176.2(2) of the Canada Elections Act is replaced by the following:

Conditions

(2) An elector shall not be registered unless he or she

(a) provides as proof of his or her identity and residence the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively; or

(b) proves his or her identity and residence by taking the prescribed oath, and is accompanied by an elector whose name appears on the official list of electors for the same polling division and who

(i) provides the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, and

(ii) vouches for him or her on oath in the prescribed form.

(4) On the later of the day on which section 8 of this Act comes into force and the day on which subsection 30(2) of the other Act comes into force — or, if those days are the same day, then on that day — section 176.2 of the Canada Elections Act is amended by adding the following after subsection (4):

Prohibition — vouching for more than one elector

(5) No elector shall vouch for more than one elector at an election.

Prohibition — vouchee acting as voucher

(6) An elector who has been vouched for at an election may not vouch for another elector at that election.

(5) On the later of the day on which section 8 of this Act comes into force and the day on which section 31 of the other Act comes into force — or, if those days are the same day, then on that day — the Canada Elections Act is amended by adding the following after section 176.2:

Requirement before administering oath

176.21 If a person chooses to prove his or her identity and residence by taking the prescribed oath, the person who administers the oath shall, before doing so, orally advise the oath taker of the qualifications for electors.

(6) On the later of the day on which section 8 of this Act comes into force and the day on which section 32 of the other Act comes into force — or, if those days are the same day, then on that day — paragraph 176.4(2)(a) of the Canada Elections Act is replaced by the following:

(a) the deputy returning officer ascertains with the returning officer that the elector is listed on the preliminary list of electors or was registered during the revision period; or

(7) On the later of the day on which section 8 of this Act comes into force and the day on which section 33 of the other Act comes into force — or, if those days are the same day, then on that day — paragraph 176.5(1)(a) of the Canada Elections Act is replaced by the following:

(a) the elector fails to prove his or her identity and residence in accordance with subsection 143(2) or (3) or to take an oath otherwise required by this Act; or

(8) On the later of the day on which section 8 of this Act comes into force and the day on which subsection 38(4) of the other Act comes into force — or, if those days are the same day, then on that day — subsection 489(2) of the Canada Elections Act is amended by striking out the word “or” at the end of paragraph (d) and by adding the following after paragraph (e):

(f) contravenes subsection 176.2(5) (vouching for more than one elector); or

(g) contravenes subsection 176.2(6) (vouchee acting as voucher).

COMING INTO FORCE

Coming into force

13. This Act, other than section 12, comes into force three months after the day on which it is assented to unless, before then, the Chief Electoral Officer publishes a notice in the Canada Gazette that the necessary prep- arations for the bringing into operation of this Act have been made and that this Act may come into force accordingly, in which case it comes into force on the day on which the notice is published.

Published under authority of the Speaker of the House of Commons

Available from:
Publishing and Depository Services
Public Works and Government Services Canada

Explanatory Notes

Canada Elections Act

Clause 1: Existing text of the definitions:

“advance polling station” means a polling station established under subsection 168(3).

“spoiled”, in relation to a ballot or a special ballot as defined in section 177, means

(a) one that has not been deposited in the ballot box but has been found by the deputy returning officer to be soiled or improperly printed; or

(b) one that is dealt with under subsection 152(1), including in relation to advance polls by virtue of subsection 171(1), or subsection 213(4), 242(1) or 258(3).

Clause 2: Relevant portion of section 32:

32. After the issue of the writ, a returning officer shall appoint the following election officers in the prescribed form:

...

(b) one deputy returning officer and one poll clerk for each advance polling station in the electoral district;

Clause 3: Existing text of section 106:

106. Each returning officer shall, on the 3rd day before polling day, prepare the official list of electors for each polling division for use on polling day.

Clause 4: Existing text of section 140:

140. When the polling station opens, the deputy returning officer shall, in full view of the candidates or their representatives who are present, open the ballot box and ascertain that it is empty, and shall

(a) seal the ballot box with the seals provided by the Chief Electoral Officer; and

(b) place the ballot box on a table in full view of all present and ensure that the box remains there until the polling station closes.

Clause 5: New.

Clause 6: Existing text of sections 171 and 172:

171. (1) Except as provided in this Part, an advance poll shall be conducted in the same manner as the manner in which the vote at a polling station on polling day is conducted and shall be regarded as such for all purposes of this Act.

(2) An advance poll shall only be open between the hours of noon and 8:00 p.m. on Friday, Saturday and Monday, the 10th, 9th and 7th days, respectively, before polling day.

172. Each returning officer shall, not later than Saturday, the 16th day before polling day,

(a) give a notice, in the prescribed form, in the electoral district of the advance poll, that sets out the following information:

(i) the numbers of the polling divisions in every advance polling district established by the returning officer,

(ii) the location of each advance polling station,

(iii) the place where the deputy returning officer of each advance polling station shall count the number of votes cast at the advance polling station, and

(iv) that the counting of the votes cast shall take place on polling day as soon after the close of the polling stations as possible; and

(b) send two copies of the notice to each candidate and to the Chief Electoral Officer.

Clause 7: (1) Relevant portion of subsection 175(1):

175. (1) At the opening of an advance polling station at noon on the first day of voting, the deputy returning officer shall, in full view of the candidates or their representatives who are present,

(2) Relevant portion of subsection 175(2):

(2) At the close of the advance polling station at 8:00 p.m. on each of the three days of voting, the deputy returning officer shall, in full view of the candidates or their representatives who are present,

(3) Relevant portion of subsection 175(4):

(4) At the re-opening of the advance polling station at noon on the 2nd and 3rd days of voting, the deputy returning officer shall, in full view of the candidates or their representatives who are present,

(a) unseal and open the ballot box, leaving in it the sealed envelopes containing the spoiled ballots and the ballots cast on the previous day or days of voting;

(4) Existing text of subsection 175(6):

(6) When an advance polling station closes on each of the three days of the vote, the candidates or their representatives may take note of the serial number of the seal on the ballot box, and may again take note of the serial number when the advance polling station is re-opened on each of the three days of voting and when the votes are counted on polling day.

Clause 8: New.

Clause 9: Existing text of subsection 289(1):

289. (1) The deputy returning officer of an advance poll shall, at the close of the polling stations on polling day, attend with the poll clerk at the place mentioned in the notice of advance poll in subparagraph 172(a)(iii) to count the votes.

Clause 10: Relevant portion of section 490:

490. Every person is guilty of an offence who