Bill C-623
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C-623
Third Session, Fortieth Parliament,
59-60 Elizabeth II, 2010-2011
HOUSE OF COMMONS OF CANADA
BILL C-623
An Act to amend the Canada Elections Act (voting with an uncovered face)
first reading, February 11, 2011
Mr. Blaney
403291
SUMMARY
This enactment amends the Canada Elections Act to require that electors have their faces uncovered before voting, or registering to vote, in person.
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3rd Session, 40th Parliament,
59-60 Elizabeth II, 2010-2011
house of commons of canada
BILL C-623
An Act to amend the Canada Elections Act (voting with an uncovered face)
2000, c. 9
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. Section 143 of the Canada Elections Act is amended by adding the following after subsection (3.2):
Visual identification
(3.3) An elector shall have an uncovered face when the elector is proving his or her identity under subsection (2) or (3) or providing identification under paragraph (3)(a).
Exception
(3.4) Despite subsection (3.3), an elector who is proving his or her identity under paragraph (2)(b) or subsection (3) is not required to have an uncovered face if
(a) the deputy returning officer is of the opinion that uncovering it would be harmful to the elector's health; and
(b) the elector takes the prescribed oath attesting to the fact that uncovering it would be harmful to his or her health.
2. Section 161 of the Act is amended by adding the following after subsection (1):
Visual identification
(1.1) An elector shall have an uncovered face when the elector is proving his or her identity under subsection (1) or providing identification under subparagraph (1)(b)(i).
Exception
(1.2) Despite subsection (1.1), an elector who is proving his or her identity under paragraph (1)(a) by providing the pieces of identification referred to in paragraph 143(2)(b) or is proving his or her identity under paragraph (1)(b) is not required to have an uncovered face if
(a) the registration officer or deputy returning officer, as the case may be, is of the opinion that uncovering it would be harmful to the elector's health; and
(b) the elector takes the prescribed oath attesting to the fact that uncovering it would be harmful to his or her health.
3. Paragraph 162(g) of the Act is replaced by the following:
(g) indicate, if applicable, on the prescribed form that the elector refused to comply with a legal requirement to provide the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, to uncover his or her face in accordance with subsection 143(3.3) or to take an oath;
4. Section 169 of the Act is amended by adding the following after subsection (2):
Visual identification
(2.1) An elector shall have an uncovered face when the elector is proving his or her identity under subsection (2) or providing identification under subparagraph (2)(b)(i).
Exception
(2.2) Despite subsection (2.1), an elector who is proving his or her identity under paragraph (2)(a) by providing the pieces of identification referred to in paragraph 143(2)(b) or is proving his or her identity under paragraph (2)(b) is not required to have an uncovered face if
(a) the deputy returning officer is of the opinion that uncovering it would be harmful to the elector's health; and
(b) the elector takes the prescribed oath attesting to the fact that uncovering it would be harmful to his or her health.
5. Section 237 of the Act is replaced by the following:
Provision of ballot
237. Subject to section 237.1, on acceptance of an elector’s application for registration and special ballot, the elector shall be given a special ballot or, if section 241 applies, a ballot that is not a special ballot, an inner envelope and an outer envelope.
Proof of identity and residence
237.1 (1) If an elector goes to the office of a returning officer to receive his or her ballot or special ballot, before receiving it, the elector shall
(a) provide 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) if the elector resides in the electoral district for which the returning officer has been appointed, prove his or her identity and residence by taking the prescribed oath and be accompanied by an elector whose name appears on the 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.
Application of rules for proof of identity and residence
(2) Subsections 143(3.1) and (3.2) apply, with any necessary modifications, to proof of identity and residence provided under subsection (1).
Visual identification
(3) An elector shall have an uncovered face when the elector is proving his or her identity under paragraph (1)(a) or (b) or providing identification under subparagraph (1)(b)(i).
Exception
(4) Despite subsection (3), an elector who is proving his or her identity under paragraph (1)(a) by providing the pieces of identification referred to in paragraph 143(2)(b) or is proving his or her identity under paragraph (1)(b) is not required to have an uncovered face if
(a) the returning officer is of the opinion that uncovering it would be harmful to the elector's health; and
(b) the elector takes the prescribed oath attesting to the fact that uncovering it would be harmful to his or her health.
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.
6. Subsection 491(2) of the Act is replaced by the following:
Offences requiring intent — summary conviction
(2) Every person is guilty of an offence who
(a) contravenes subsection 237.1(5) (vouching for more than one elector);
(b) contravenes subsection 237.1(6) (vouch- ee acting as voucher); or
(c) contravenes any of paragraphs 281(a) to (f) (prohibited acts re vote under special voting rules).
Published under authority of the Speaker of the House of Commons
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