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Bill C-76

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First Session, Forty-second Parliament,
64-65-66-67 Elizabeth II, 2015-2016-2017-2018
HOUSE OF COMMONS OF CANADA
BILL C-76
An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments
AS PASSED
BY THE HOUSE OF COMMONS
October 30, 2018
90866


RECOMMENDATION
Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments”.
SUMMARY
This enactment amends the Canada Elections Act to establish spending limits for third parties and political parties during a defined period before the election period of a general election held on a day fixed under that Act. It also establishes measures to increase transparency regarding the participation of third parties in the electoral process. Among other things that it does in this regard, the enactment
(a)adds reporting requirements for third parties engaging in partisan activities, partisan advertising, and election surveys to the reporting requirements for third parties engaging in election advertising;
(b)creates an obligation for third parties to open a separate bank account for expenses related to the matters referred to in paragraph (a); and
(c)creates an obligation for political parties and third parties to identify themselves in partisan advertising during the defined period before the election period.
The enactment also amends the Act to implement measures to reduce barriers to participation and increase accessibility. Among other things that it does in this regard, the enactment
(a)establishes a Register of Future Electors in which Canadian citizens 14 to 17 years of age may consent to be included;
(b)broadens the application of accommodation measures to all persons with a disability, irrespective of its nature;
(c)creates a financial incentive for registered parties and candidates to take steps to accommodate persons with a disability during an election period;
(d)amends some of the rules regarding the treatment of candidates’ expenses, including the rules related to childcare expenses, expenses related to the care of a person with a disability and litigation expenses;
(e)amends the rules regarding the treatment of nomination contestants’ and leadership contestants’ litigation expenses and personal expenses;
(f)allows Canadian Forces electors access to several methods of voting, while also adopting measures to ensure the integrity of the vote;
(g)removes limitations on public education and information activities conducted by the Chief Electoral Officer;
(h)removes two limitations on voting by non-resident electors: the requirement that they have been residing outside Canada for less than five consecutive years and the requirement that they intend to return to Canada to resume residence in the future; and
(i)extends voting hours on advance polling days.
The enactment also amends the Act to modernize voting services, facilitate enforcement and improve various aspects of the administration of elections and of political financing. Among other things that it does in this regard, the enactment
(a)removes the assignment of specific responsibilities set out in the Act to specific election officers by creating a generic category of election officer to whom all those responsibilities may be assigned;
(b)limits election periods to a maximum of 50 days;
(c)removes administrative barriers in order to facilitate the hiring of election officers;
(d)authorizes the Minister of Citizenship and Immigration to provide the Chief Electoral Officer with information about permanent residents and foreign nationals for the purpose of updating the Register of Electors;
(e)removes the prohibition on the Chief Electoral Officer authorizing the notice of confirmation of registration (commonly known as a “voter information card”) as identification;
(f)replaces, in the context of voter identification, the option of attestation for residence with an option of vouching for identity and residence;
(g)removes the requirement for electors’ signatures during advance polls, changes procedures for the closing of advance polls and allows for counting ballots from advance polls one hour before the regular polls close;
(h)replaces the right or obligation to take an oath with a right or obligation to make a solemn declaration, and streamlines the various declarations that electors may have the right or obligation to make under specific circumstances;
(i)relocates the Commissioner of Canada Elections to within the Office of the Chief Electoral Officer, and provides that the Commissioner is to be appointed by the Chief Electoral Officer, after consultation with the Director of Public Prosecutions, for a non-renewable term of 10 years;
(j)provides the Commissioner of Canada Elections with the authority to impose administrative monetary penalties for contraventions of provisions of Parts 16, 17 and 18 of the Act and certain other provisions of the Act;
(k)provides the Commissioner of Canada Elections with the authority to lay charges;
(l)provides the Commissioner of Canada Elections with the power to apply for a court order requiring testimony or a written return;
(m)clarifies offences relating to
(i)the publishing of false statements,
(ii)participation by non-Canadians in elections, including inducing electors to vote or refrain from voting, and
(iii)impersonation; and
(n)implements a number of measures to harmonize and streamline political financing monitoring and reporting.
The enactment also amends the Act to provide for certain requirements with regard to the protection of personal information for registered parties, eligible parties and political parties that are applying to become registered parties, including the obligation for the party to adopt a policy for the protection of personal information and to publish it on its Internet site.
The enactment also amends the Parliament of Canada Act to prevent the calling of a by-election when a vacancy in the House of Commons occurs within nine months before the day fixed for a general election under the Canada Elections Act.
It also amends the Public Service Employment Act to clarify that the maximum period of employment of casual workers in the Office of the Chief Electoral Officer — 165 working days in one calendar year — applies to those who are appointed by the Commissioner of Canada Elections.
Finally, the enactment contains transitional provisions, makes consequential amendments to other Acts and repeals the Special Voting Rules.
Available on the House of Commons website at the following address:
www.ourcommons.ca


1st Session, 42nd Parliament,
64-65-66-67 Elizabeth II, 2015-2016-2017-2018
HOUSE OF COMMONS OF CANADA
BILL C-76
An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Short title
1This Act may be cited as the Elections Modernization Act.
2000, c. 9

Canada Elections Act

2014, c. 12, s. 2(2)
2(1)The definitions leadership campaign expense and nomination campaign expense in subsection 2(1) of the Canada Elections Act are repealed.
2007, c. 21, s. 1; 2014, c. 12, s. 2(7)
(2)The definitions capital asset, election officer, polling day, prescribed and Register of Electors in subsection 2(1) of the Act are replaced by the following:
capital asset means any property with a commercial value of more than $200 that
(a)in the case of a registered party, an electoral district association or a candidate, is normally used outside an election period other than for the purposes of an election;
(b)in the case of a nomination contestant, is normally used outside a nomination contest other than for the purposes of a nomination contest; and
(c)in the case of a leadership contestant, is normally used outside a leadership contest other than for the purposes of a leadership contest.‍ (bien immobilisé)
election officer means a person referred to in subsection 22(1) or appointed under section 32.‍ (fonctionnaire électoral)
polling day, in relation to an election, means the date fixed for voting at the election under paragraph 57(1.2)‍(c) or subsection 59(4) or 77(2).‍ (jour du scrutin)
prescribed, in relation to a form or a solemn declaration, means one that is authorized by the Chief Electoral Officer.‍ (prescrit)
Register of Electors means the Register of Electors established under paragraph 44(1)‍(a).‍ (Registre des électeurs)
(3)Paragraph (b) of the definition election documents in subsection 2(1) of the Act is replaced by the following:
(b)the nomination papers and other documents filed by the candidates or filed on their behalf under section 67;
2001, c. 21, s. 1(2)‍(E); 2014, c. 12, s. 2(4)
(4)The definition election documents in subsection 2(1) of the Act is amended by striking out “and” at the end of paragraph (e) and by replacing paragraphs (f) and (g) with the following:
(f)the other documents sent to the Chief Electoral Officer from the various polling stations, the various advance polling stations or the returning officer’s office, including
(i)stubs and unused ballot papers,
(ii)ballot papers cast for the various candidates,
(iii)spoiled ballot papers,
(iv)rejected ballot papers,
(v)the list of electors used at the polling station, advance polling station or returning officer’s office,
(vi)written authorizations of candidates’ representatives,
(vii)used transfer certificates, if any, and
(viii)registration certificates; and
(g)the prescribed forms referred to in section 162 — other than those referred to in paragraph 162(i.‍1) — and any other prescribed form to be used at a polling station, advance polling station or returning officer’s office that contains personal information relating to an elector.‍ (documents électoraux)
(5)Paragraph (a) of the definition spoiled in subsection 2(1) of the Act is replaced by the following:
(a)one that has not been deposited in the ballot box but has been found by an election officer or a unit election officer as defined in section 177 to be soiled or improperly printed; or
2001, c. 21, s. 1(1)
(6)The definition appartenance politique in subsection 2(1) of the French version of the Act is replaced by the following:
appartenance politique S’agissant d’un candidat, la désignation du parti politique qui le soutient ou la désignation « indépendant(e) », selon le cas, mentionnée dans son acte de candidature conformément au sous-alinéa 66(1)a)‍(v).‍ (political affiliation)
(7)Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
election advertising means the transmission to the public by any means during an election period of an advertising message that promotes or opposes a registered party or the election of a candidate, including by taking a position on an issue with which a registered party or candidate is associated. For greater certainty, it does not include
(a)the transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news;
(b)the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be an election;
(c)the transmission of a document directly by a person or a group to their members, employees or shareholders, as the case may be;
(d)the transmission by an individual, on a non-commercial basis on the Internet, of his or her personal political views; or
(e)the making of telephone calls to electors only to encourage them to vote.‍ (publicité électorale)
election advertising expense means an expense incurred in relation to
(a)the production of an election advertising message; and
(b)the transmission of an election advertising message to the public.‍ (dépenses de publicité électorale)
election survey means a survey respecting whether persons intend to vote at an election or who they voted for or will vote for at an election or respecting an issue with which a registered party or candidate is associated.‍ (sondage électoral)
future elector means a Canadian citizen who is 14 years of age or older but under 18 years of age.‍ (futur électeur)
National Capital Region means the National Capital Region as described in the schedule to the National Capital Act. (région de la capitale nationale)
partisan advertising means the transmission to the public by any means during a pre-election period of an advertising message that promotes or opposes a registered party or eligible party or the election of a potential candidate, nomination contestant or leader of a registered party or eligible party, otherwise than by taking a position on an issue with which any such party or person is associated. For greater certainty, it does not include
(a)the transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news;
(b)the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be an election;
(c)the transmission of a document by a Senator or a member the expense of which is paid by the Senate or House of Commons;
(d)the transmission of a document directly by a person or a group to their members, employees or shareholders, as the case may be;
(e)the transmission by an individual, on a non-commercial basis on the Internet, of his or her personal political views; or
(f)the making of telephone calls to electors only to encourage them to vote.‍ (publicité partisane)
partisan advertising expense means an expense incurred in relation to
(a)the production of a partisan advertising message; and
(b)the transmission of a partisan advertising message to the public.‍ (dépenses de publicité partisane)
potential candidate means a person whose nomination as a candidate at an election has not been confirmed under subsection 71(1) but who
(a)is selected in a nomination contest;
(b)is deemed to be a candidate under section 477;
(c)is a member or, if Parliament is dissolved, was a member on the day before the dissolution; or
(d)has the support of a political party to be a candidate of that party. (candidat potentiel)
pre-election period means the period beginning on the June 30 before the day set in accordance with subsection 56.1(2) for the holding of a general election and ending on the day before the earlier of
(a)the first day of an election period for a general election, and
(b)the 37th day before the Monday referred to in subsection 56.1(2) or, if the Governor in Council makes an order under subsection 56.2(3), the 37th day before the alternate day referred to in that order. (période préélectorale)
Register of Future Electors means the Register of Future Electors established under paragraph 44(1)‍(b).‍ (Registre des futurs électeurs)
2014, c. 12, s. 2(8)
(8)The portion of subsection 2(1.1) of the Act before paragraph (a) is replaced by the following:
Commercial value of capital assets
(1.1)For the purposes of this Act, the commercial value of any capital asset that is used during a nomination contest, an election period or a leadership contest, as the case may be, is the lower of
(9)Subsection 2(3) of the Act is replaced by the following:
Satisfactory proof of identity and residence
(3)For the purposes of this Act, satisfactory proof of identity and satisfactory proof of residence are established in the manner determined by the Chief Electoral Officer.
(10)Section 2 of the Act is amended by adding the following after subsection (6):
Definitions of election advertising and partisan advertising
(7)For the purposes of the definitions election advertising and partisan advertising, promoting or opposing includes
(a)in relation to a registered party or eligible party,
(i)naming it,
(ii)identifying it, including by its logo, and
(iii)providing a link to an Internet page that does anything referred to in subparagraphs (i) and (ii); and
(b)in relation to the election of a potential candidate, a nomination contestant, a candidate or a leader of a registered party or eligible party,
(i)naming him or her,
(ii)showing a photograph, cartoon or drawing of him or her,
(iii)identifying him or her, including by political affiliation or by any logo that he or she has, and
(iv)providing a link to an Internet page that does anything referred to in subparagraphs (i) to (iii).
3Sections 3 to 5 of the Act are replaced by the following:
Persons qualified as electors
3Every person who is a Canadian citizen and who on polling day is 18 years of age or older is qualified as an elector.
4Section 7 of the Act is repealed.
5Section 8 of the Act is amended by adding the following after subsection (2):
Person residing outside Canada
(2.1)The place of ordinary residence of a person who resides outside Canada is their last place of ordinary residence in Canada.
6(1)The portion of section 10 of the Act before paragraph (a) is replaced by the following:
Former member candidates and electors living with them
10(1)Each candidate at a general election who, on the day before the dissolution of Parliament immediately before the election, was a member, and any elector living with the candidate on that day who would move, or has moved, with the candidate to continue to live with the candidate, is entitled to have his or her name entered on the list of electors for, and to vote at the polling station to which is assigned, the polling division in which is located
(2)Subsection 10(1) is amended by adding “or” at the end of paragraph (a), by striking out “or” at the end of paragraph (c) and by repealing paragraphs (b) and (d).
(3)Section 10 of the Act is amended by adding the following after subsection (1):
Former member candidates and electors living with them — notice to returning officer
(2)If a candidate or elector referred to in subsection (1) provides notice to the returning officer, at least two days before polling day, of his or her intention to vote at the polling station, the candidate or elector is entitled to have his or her name entered on the list of electors for, and to vote at the polling station to which is assigned, any polling division in
(a)the electoral district in which the former member is a candidate; or
(b)the electoral district in the National Capital Region where the former member resides for the purpose of carrying out parliamentary duties.
2003, c. 22, s. 100
7Section 11 of the Act is repealed.
8Subsection 15(1) of the Act is replaced by the following:
Rank, powers and duties
15(1)Subject to subsections 509.1(2) and (3), the Chief Electoral Officer shall rank as and have all the powers of a deputy head of a department, shall perform the duties of the office on a full-time basis and shall not hold any other office under Her Majesty or engage in any other employment.
2014, c. 12, s. 5
9(1)Subsection 16.1(3) of the Act is replaced by the following:
Consultations
(3)Before issuing a guideline or interpretation note, the Chief Electoral Officer shall provide a copy of the proposed guideline or interpretation note to the Commissioner and to the members of the Advisory Committee of Political Parties established by subsection 21.1(1). The Commissioner and those members may provide their written comments to the Chief Electoral Officer within 45 days after the day on which the copy is sent.
2014, c. 12, s. 5
(2)Subsections 16.1(5) to (7) of the Act are replaced by the following:
Issuance
(7)The Chief Electoral Officer shall issue the guideline or interpretation note by registering it in the registry referred to in section 16.4 as soon as possible after preparing it.
2014, c. 12, s. 5
10(1)Subsection 16.2(2) of the Act is replaced by the following:
Consultations
(2)Before issuing an opinion, the Chief Electoral Officer shall provide a copy of the proposed opinion to the Commissioner and to the members of the Advisory Committee of Political Parties established by subsection 21.1(1). The Commissioner and those members may provide their written comments to the Chief Electoral Officer within 30 days after the day on which the copy is sent.
2014, c. 12, s. 5
(2)Subsection 16.2(4) of the Act is replaced by the following:
Pre-publication
(4)Within 90 days after the day on which the application is made, the Chief Electoral Officer shall publish on his or her Internet site for a period of 30 days the opinion as well as a notice stating that the opinion will be issued at the expiry of that period. However, if the 90-day period coincides or overlaps with the election period of a general election, the opinion and the notice shall be published no later than 90 days after polling day for that election.
2014, c. 12, s. 5
11Section 16.3 of the Act is replaced by the following:
New interpretation
16.3If an opinion that is published under subsection 16.2(4) interprets a provision of the Act in a way that contradicts an interpretation of that provision provided in a previously issued opinion, the new interpretation does not replace the former interpretation until the date that the new opinion is issued under section 16.2.
2014, c. 12, s. 5.‍1
12Subsection 16.5(1) of the Act is repealed.
2014, c. 12, s. 7
13Section 17.1 of the Act is repealed.
2014, c. 12, s. 7
14Subsections 18(1) to (2) of the Act are replaced by the following:
Public education and information programs
18(1)The Chief Electoral Officer may implement public education and information programs to make the electoral process better known to the public, particularly to those persons and groups most likely to experience difficulties in exercising their democratic rights.
Communication with public
(1.1)The Chief Electoral Officer may, using any media or other means that he or she considers appropriate, provide the public, both inside and outside Canada, with information relating to Canada’s electoral process and the democratic rights to vote and to be a candidate.
Information outside Canada
(1.2)The Chief Electoral Officer may establish programs to disseminate information outside Canada concerning how to vote under Part 11.
Communication with electors with a disability
(2)The Chief Electoral Officer shall ensure that any information on the following that is provided under subsections (1) to (1.2) in an advertising message is accessible to electors with a disability:
(a)how to become a candidate;
(b)how an elector may have their name added to a list of electors and may have corrections made to information respecting them on the list;
(c)how an elector may vote under section 127 and the times, dates and locations for voting;
(d)how an elector may prove their identity and residence in order to vote, including the pieces of identification that they may use to that end; and
(e)the measures for assisting electors with a disability to access a polling station or advance polling station or to mark a ballot.
Communication with future electors with a disability
(2.1)If the Chief Electoral Officer provides, in an advertising message, any information under subsections (1) and (1.1) on how a future elector may have their name added to the Register of Future Electors and may have corrections made to information respecting them in that register, the Chief Electoral Officer shall ensure that the information is accessible to future electors with a disability.
2014, c. 12, s. 8
15Sections 18.01 and 18.1 of the Act are replaced by the following:
International cooperation
18.01The Chief Electoral Officer may provide assistance and cooperation in electoral matters to electoral agencies in other countries or to international organizations.
Voting studies
18.1(1)The Chief Electoral Officer may carry out studies on voting, including studies respecting alternative voting means.
Alternative voting
(2)The Chief Electoral Officer may devise and test an alternative voting process for future use in an election.
Voting technology — electors with a disability
(3)The Chief Electoral Officer shall develop, obtain or adapt voting technology for use by electors with a disability, and may test the technology for future use in an election.
Prior approval
(4)Neither an alternative voting process nor voting technology tested under subsection (2) or (3) may be used in an election without the prior approval of the committees of the Senate and of the House of Commons that normally consider electoral matters.
2014, c. 12, s. 8
16Subsection 18.2(1) of the Act is replaced by the following:
Power to enter into contracts, etc.
18.2(1)The Chief Electoral Officer may enter into contracts, memoranda of understanding or other arrangements in the name of Her Majesty in right of Canada or in the Chief Electoral Officer’s name in the exercise or performance of his or her powers, duties and functions under this Act or any other Act of Parliament.
2003, c. 22, s. 102(E)
17Section 19 of the Act and the heading before it are replaced by the following:
Staff
Staff
19The staff of the Chief Electoral Officer consists of employees appointed in accordance with the Public Service Employment Act.
2014, c. 12, s. 10
18Subsection 20(2) of the Act is replaced by the following:
Casual and temporary staff
(2)Any additional employees that the Chief Electoral Officer considers necessary for the exercise or performance of his or her powers, duties and functions under this Act that are related to the preparation for, and the conduct of, an election may be employed on a casual or temporary basis in accordance with the Public Service Employment Act.
19Section 21 of the Act is replaced by the following:
Delegation
21The Chief Electoral Officer may delegate to any member of his or her staff, subject to any limitations that he or she may specify, any of his or her powers, duties and functions under this or any other Act of Parliament, except the power to delegate.
20(1)Paragraph 22(1)‍(c) of the Act is replaced by the following:
(c)persons authorized by a returning officer under section 27 to exercise powers or perform duties under this Act;
2014, c. 12, s. 12(2)
(2)Paragraphs 22(1)‍(d) to (k) of the Act are repealed.
(3)Subsection 22(1) of the Act is amended by adding “and” at the end of paragraph (m), by striking out “and” at the end of paragraph (n) and by repealing paragraph (o).
(4)Paragraph 22(3)‍(f) of the Act is replaced by the following:
(f)a person who, within seven years before the proposed appointment, has been found guilty of any offence under this Act or the Referendum Act, or a regulation made under the Referendum Act, or under an Act of the legislature of a province, or a regulation made under an Act of the legislature of a province, relating to provincial, municipal or school board elections.
(5)Subsections 22(4) and (5) of the Act are replaced by the following:
Qualifications
(4)An election officer must be qualified as an elector, and an election officer referred to in paragraph (1)‍(a.‍1) or (b) must reside in the electoral district in which he or she is to exercise powers or perform duties under this Act or in an adjacent electoral district.
Election officers younger than 18
(5)Despite subsection (4), an election officer appointed under section 32 may be under 18 years of age but must be at least 16 years of age.
21Section 23 of the Act is replaced by the following:
Solemn declaration
23(1)Before assuming duties, an election officer shall make, in writing, a solemn declaration, in the prescribed form, that he or she will exercise the powers and perform the duties of the office in an impartial manner.
Prohibition
(2)No election officer shall communicate information, or use personal information, that is obtained in the course of exercising his or her powers or performing his or her duties under this Act, other than for a purpose related to the exercise of those powers or the performance of those duties.
Sending of solemn declarations
(3)The returning officer shall send his or her solemn declaration and that of the assistant returning officer without delay to the Chief Electoral Officer.
2014, c. 12, s. 13
22(1)Paragraphs 23.2(9)‍(a) and (b) of the Act are replaced by the following:
(a)is incapable, by reason of illness, disability or otherwise, of satisfactorily exercising their powers or performing their duties under this Act;
(b)fails to competently exercise a field liaison officer’s powers or competently perform a field liaison officer’s duties under this Act or to comply with an instruction of the Chief Electoral Officer issued under paragraph 16(c); or
2014, c. 12, s. 13
(2)Paragraph 23.2(9)‍(c) of the English version of the Act is replaced by the following:
(c)contravenes subsection (8), whether or not the contravention occurs in the exercise of their powers or the performance of their duties under this Act.
23(1)Paragraphs 24(7)‍(a) and (b) of the Act are replaced by the following:
(a)is incapable, by reason of illness, disability or otherwise, of satisfactorily exercising his or her powers or performing his or her duties under this Act;
(b)fails to competently exercise a returning officer’s power or competently perform a returning officer’s duty under this Act or to comply with an instruction of the Chief Electoral Officer described in paragraph 16(c);
(2)Paragraph 24(7)‍(d) of the Act is replaced by the following:
(d)contravenes subsection (6), whether or not the contravention occurs in the exercise of his or her powers or the performance of his or her duties under this Act.
2014, c. 12, s. 14(2)
(3)Subsections 24(8) and (9) of the Act are replaced by the following:
Temporary suspension
(8)The Chief Electoral Officer may temporarily suspend from office a returning officer for any grounds set out in subsection (7).
Duration of suspension
(9)The period of suspension expires at the end of the period that the Chief Electoral Officer considers appropriate. However, if a procedure is commenced — either before or during the period of suspension — that could lead to the returning officer’s removal, the period of suspension expires on the day on which the Chief Electoral Officer makes his or her final decision in that regard.
24Subsection 26(1) of the Act is replaced by the following:
Assistant returning officer
26(1)Without delay after being appointed, a returning officer shall, with the Chief Electoral Officer’s prior approval of the individual proposed to be appointed, appoint an assistant returning officer, who shall hold office at pleasure.
2014, c. 12, s. 15
25Subsection 27(1) of the Act is replaced by the following:
Delegation
27(1)The returning officer for an electoral district may, with the Chief Electoral Officer’s prior approval, authorize any person acting under his or her direction to exercise any of the powers or perform any of the duties of a returning officer under this Act, except those described in subsection 24(3), sections 62 and 63, subsection 71(1), sections 71.1, 74, 77, 130, 293 to 298 and 300, subsection 301(6) and sections 313 to 316.
2006, c. 9, s. 176; 2014, c. 12, s. 16(1) and 16(2)‍(F)
26Subsections 28(3.01) and (3.1) of the Act are replaced by the following:
Designated person to act — suspension of returning officer
(3.01)If a returning officer is under suspension during the six months before the day set in accordance with subsection 56.1(2) for the holding of a general election or during any election period that falls in whole or in part outside that six-month period, the Chief Electoral Officer may designate a person to act in the returning officer’s place, and that person may, during and after that period, exercise the powers and perform the duties of a returning officer in relation to that election.
Designated person to act — absence of returning and assistant returning officers
(3.1)If, during the six months before the day set in accordance with subsection 56.1(2) for the holding of a general election or during any election period that falls in whole or in part outside that six-month period, a returning officer is absent or unable to act or a returning officer’s office is vacant and, at the same time, the assistant returning officer is absent or unable to act or the assistant returning officer’s office is vacant, the Chief Electoral Officer shall designate a person to act in place of the returning officer, and that person may, during and after that period, exercise the powers and perform the duties of a returning officer in relation to that election.
27(1)Subsection 29(2) of the Act is replaced by the following:
Appointment of substitute
(2)If an assistant returning officer dies, resigns, becomes disqualified or incapable of acting or refuses to act, or is removed from office for any other reason, the returning officer shall without delay appoint a substitute with the Chief Electoral Officer’s prior approval.
(2)Subsection 29(4) of the Act is replaced by the following:
Resignation by assistant returning officer
(4)An assistant returning officer who intends to resign shall give written notice to the returning officer or, if the office of returning officer is vacant, to the Chief Electoral Officer.
28Subsection 30(4) of the Act is replaced by the following:
Further limitation
(4)An assistant returning officer appointed under subsection (2) is not an assistant returning officer for the purposes of subsections 28(1), 60(2), 70(1) and 293(1).
2001, c. 21, s. 3(E); 2014, c. 12, ss. 17 to 21
29The heading “General” before section 32 and sections 32 to 39 of the Act are replaced by the following:
Election officers
32(1)Subject to subsections (2) and (3) and 33(2) and (3), a returning officer shall, after the issue of the writ, appoint in accordance with the Chief Electoral Officer’s instructions the election officers that the returning officer considers necessary for exercising election officers’ powers and performing election officers’ duties under this Act in the returning officer’s electoral district.
Appointment before issue of writ
(2)A returning officer may, in accordance with the Chief Electoral Officer’s instructions, appoint election officers before the issue of the writ if the returning officer considers that it is desirable to do so for the purpose of training and preparing them to exercise their powers and perform their duties under this Act after the issue of the writ.
Maximum number of election officers appointed
(3)Before the eighth day after the issue of the writ, a returning officer shall not appoint more than half the number of election officers referred to in subsection (1).
Solicitation of names
33(1)As soon as possible after the issue of the writ, a returning officer shall solicit names of persons suitable to be election officers from the candidates of registered parties that endorsed candidates in the last election in the electoral district or from the registered associations of those registered parties — or, if such a registered party has no registered association in that electoral district, from that registered party.
Persons whose names are provided to be appointed
(2)If the number of names provided under subsection (1) within seven days after the issue of the writ is less than, or equal to, the number of election officers remaining to be appointed under subsection 32(1) after the returning officer has appointed election officers under section 32, the returning officer shall, subject to subsection 37(1), appoint the persons named as election officers.
Proportional distribution
(3)If the number of names provided under subsection (1) within seven days after the issue of the writ is more than the number of election officers remaining to be appointed under subsection 32(1) after the returning officer has appointed election officers under section 32, the returning officer shall, subject to subsection 37(1), appoint from those names the election officers remaining to be appointed as far as possible in the proportion of the votes received in the last election in the electoral district by the candidates of the registered parties whose candidates or registered associations provided names under subsection (1), or that themselves provided names under that subsection, as the case may be.
Removal or replacement
(4)If a returning officer removes or replaces an election officer, the former election officer shall return all election documents and election materials in his or her possession to the returning officer or to an authorized person.
Lists of election officers
(5)Each returning officer shall make available to each candidate, on completion of the list, a list of the election officers for the electoral district who will be responsible for assisting the returning officer or assistant returning officer in the revision of lists of electors under Part 7.
Identification
(6)Each election officer shall, while exercising his or her powers or performing his or her duties, wear or carry the identification that is supplied by the Chief Electoral Officer and shall show it on request.
Refusal to appoint
37(1)A returning officer may, on reasonable grounds, refuse to appoint as an election officer a person recommended by a candidate or by a registered association or registered party and shall immediately advise the candidate, association or party of the refusal.
Recommendation of another person
(2)If as a result of the refusal a position is not filled and there are no more persons whose names were provided by the candidate, registered association or registered party under subsection 33(1) who may be appointed under subsection 33(2) or (3), the candidate, association or party may recommend another person within 24 hours after being advised of the refusal.
Record of election officers’ powers and duties
38A returning officer shall keep a record of the powers and duties that he or she has assigned to each election officer, and of the time at which or during which each election officer is to exercise a power or perform a duty assigned to him or her.
Election officers
39An election officer shall exercise or perform, in accordance with the Chief Electoral Officer’s instructions, any power or duty assigned to him or her by a returning officer.
2014, c. 12, s. 22(2)
30Subsections 41(2) to (4) of the Act are replaced by the following:
Notice
(4)When the Chief Electoral Officer has determined which candidates, registered associations or registered parties have the right to provide lists of names under subsection (1), he or she shall notify those registered parties without delay of that right.
31Section 42 of the Act is replaced by the following:
Attribution of votes for appointments
42For the purposes of subsection 33(3) and section 41, in a case in which a registered party that endorsed a candidate in the last election merges with one or more parties that were registered parties at the last election,
(a)the merged party is deemed to have endorsed a candidate in the last election in the electoral district; and
(b)that candidate is deemed to have received the same number of votes as the candidate who, among the candidates of the merging parties, received the largest number of votes at that election.
32Paragraphs 43(a) to (c) of the Act are replaced by the following:
(a)knowingly obstruct an election officer in the exercise of his or her powers or the performance of his or her duties;
(b)without authority, use identification simulating that used by an election officer or intended to replace that prescribed by the Chief Electoral Officer for that purpose; or
(c)having been removed or replaced as an election officer, fail to return any election documents or election materials in his or her possession to the returning officer or to an authorized person.
2007, c. 21, s. 3
33Subsection 43.1(1) of the English version of the Act is replaced by the following:
Right of access
43.1(1)No person who is in control of an apartment building, condominium building or other multiple-residence building or a gated community shall prevent an election officer or a member of the staff of a returning officer from obtaining access to the building or gated community, as the case may be, between 9:00 a.‍m. and 9:00 p.‍m.‍, to exercise his or her powers or perform his or her duties under this Act.
34The heading of Part 4 of the Act is replaced by the following:
Register of Electors and Register of Future Electors
35The heading “Maintenance and Communication of Register” before section 44 of the English version of the Act is replaced by the following:
Maintenance and Communication
2001, c. 21, s. 4; 2007, c. 21, s. 4
36Section 44 of the Act is replaced by the following:
Maintenance of Registers
44(1)The Chief Electoral Officer shall maintain
(a)a register of persons who are qualified as electors, to be known as the Register of Electors; and
(b)a register of persons who are qualified as future electors, to be known as the Register of Future Electors.
Contents of Registers
(2)The Register of Electors and the Register of Future Electors shall contain, for each elector or future elector who is included in it, as the case may be, his or her surname, given names, gender, date of birth, civic address, mailing address and any other information that is provided under subsections 49(2), 211.2(4), 223(2), 233(2) and 251(3).
Identifier
(3)The Register of Electors and the Register of Future Electors shall also contain, for each elector or future elector, as the case may be, a unique, randomly generated identifier that is assigned by the Chief Electoral Officer.
Future electors becoming electors
(4)Subject to subsection (5), the Register of Future Electors may continue to contain information about a former future elector after he or she becomes an elector until he or she is included in the Register of Electors.
Inclusion optional
(5)Inclusion in the Register of Electors and the Register of Future Electors is optional.
Parental consent not necessary
(6)A future elector’s inclusion in the Register of Future Electors does not require the consent of the future elector’s parents or guardian or tutor.
2007, c. 21, s. 5
37Subsection 45(1) of the Act is replaced by the following:
Lists to members and registered parties
45(1)By November 15 in each year, the Chief Electoral Officer shall make available to the member for each electoral district and, on request, to each registered party that endorsed a candidate in the electoral district in the last election, a copy — taken from the Register of Electors — in electronic form, or in formats that include electronic form, of the lists of electors for the electoral district.
38The heading before section 46 of the English version of the Act is replaced by the following:
Updates
39(1)The portion of subsection 46(1) of the Act before subparagraph (b)‍(i) is replaced by the following:
Sources of information
46(1)The Register of Electors and the Register of Future Electors shall be updated from
(a)information
(i)that electors or future electors, as the case may be, have given the Chief Electoral Officer, or
(ii)that is held by a federal department or body and that electors or future electors, as the case may be, have expressly authorized to be given to the Chief Electoral Officer; and
(b)information that the Chief Electoral Officer considers reliable and necessary for updating the surname, given names, gender, date of birth, civic address and mailing address of electors and future electors included in the Register of Electors or Register of Future Electors, as the case may be, and that
2007, c. 21, s. 6
(2)Subsection 46(1.1) of the Act is replaced by the following:
Source of information: Register of Future Electors
(1.01)The Register of Electors shall be updated from information that the Chief Electoral Officer holds in the Register of Future Electors about future electors who become electors.
Retention of certain information
(1.1)The Chief Electoral Officer may retain information collected under paragraph (1)‍(b), but not included in the Register of Electors or Register of Future Electors, for the purpose of correlating information subsequently collected with information already contained in the relevant register.
2007, c. 21, s. 7
40Sections 46.1 and 46.2 of the Act are replaced by the following:
Information from Minister of Citizenship and Immigration
46.01Despite subparagraph 46(1)‍(a)‍(ii), for the purpose of assisting the Chief Electoral Officer in updating the Register of Electors, including by deleting the name of a person who is not an elector, the Minister of Citizenship and Immigration may, at the request of the Chief Electoral Officer in writing, provide the Chief Electoral Officer with any of the following information, in relation to a person, that is contained in databases maintained by the Department of Citizenship and Immigration that relate to permanent residents and foreign nationals as those terms are defined in subsection 2(1) of the Immigration and Refugee Protection Act and with the date when the information referred to in paragraph (d) was included or updated in those databases:
(a)his or her surname and given names;
(b)his or her gender;
(c)his or her date of birth;
(d)his or her addresses; and
(e)any unique identifier that that Minister has assigned to him or her under that Act.
Citizenship information
46.1For the purpose of assisting the Chief Electoral Officer in updating the Register of Electors or Register of Future Electors, the Minister of National Revenue may, on a return of income referred to in subsection 150(1) of the Income Tax Act, request that an individual who is filing a return of income under paragraph 150(1)‍(d) of that Act indicate in the return whether he or she is a Canadian citizen.
Information in respect of deceased individuals
46.2For the purpose of updating the Register of Electors or Register of Future Electors, the Minister of National Revenue shall, at the request of the Chief Electoral Officer, provide the name, date of birth and address of any individual to whom paragraph 150(1)‍(b) of the Income Tax Act applies if that individual has, in his or her last return of income filed under paragraph 150(1)‍(d) of that Act, authorized that Minister to provide his or her name, date of birth and address to the Chief Electoral Officer for the relevant register.
2007, c. 21, s. 8
41Sections 47.1 to 51 of the Act are replaced by the following:
Other duties
47.1Between election periods, a returning officer shall perform any duties related to the updating of the Register of Electors or Register of Future Electors that are requested by the Chief Electoral Officer.
Adding electors and future electors
48(1)The Chief Electoral Officer shall, before including an elector in the Register of Electors or a future elector in the Register of Future Electors, send him or her the Chief Electoral Officer’s information relating to him or her and ask if he or she wishes to be included in the relevant register.
Obligation of elector or future elector
(2)An elector or future elector who wishes to be included in the relevant register shall confirm, correct or complete the information, in writing, and give it to the Chief Electoral Officer along with a signed certification that he or she is qualified as an elector or as a future elector, as the case may be.
Exceptions
(3)This section does not apply in respect of the inclusion of an elector or future elector that is
(a)done at his or her request;
(b)done using information from lists of electors or future electors established under provincial law that contain information that the Chief Electoral Officer considers sufficient for the elector’s or future elector’s inclusion; or
(c)done using information to update the Register of Electors under subsection 46(1.01).
Listing requests
49(1)Any person may at any time request the Chief Electoral Officer to include him or her in the Register of Electors or Register of Future Electors, by providing
(a)a signed certification that he or she is qualified as an elector or as a future elector, as the case may be;
(b)his or her surname, given names, gender, date of birth, civic address and mailing address; and
(c)satisfactory proof of identity.
Optional information
(2)In addition to the information referred to in subsection (1), the Chief Electoral Officer may invite the elector or future elector to give any other information that the Chief Electoral Officer considers necessary to implement any agreements entered into under section 55, but the elector or future elector is not required to do so.
Corrections
50An elector or future elector may inform the Chief Electoral Officer of changes to the information in the Register of Electors or Register of Future Electors, as the case may be, relating to him or her, and the Chief Electoral Officer shall make the necessary corrections to the relevant register.
Verification
51The Chief Electoral Officer may
(a)contact an elector or future elector to verify the Chief Electoral Officer’s information relating to him or her; and
(b)request the elector or future elector to confirm, correct or complete the information within 60 days after receiving the request.
42(1)The portion of subsection 52(1) of the Act before paragraph (a) is replaced by the following:
Deletion of names
52(1)The Chief Electoral Officer shall delete from the Register of Electors or Register of Future Electors the name of any person who
(2)Paragraph 52(1)‍(b) of the Act is replaced by the following:
(b)is not an elector or future elector, as the case may be, subject to subsection 44(4);
2014, c. 12, s. 23(1)
(3)Paragraph 52(1)‍(d) of the Act is replaced by the following:
(d)is, by reason of mental incapacity, under a court-ordered protective regime, including guardianship, tutorship or curatorship, and whose authorized representative under the regime requests in writing that the person’s name be deleted; or
(e)is a future elector with a mental incapacity whose parent requests in writing that the future elector’s name be deleted.
(4)Subsection 52(2) of the Act is replaced by the following:
Deletion of name — discretionary
(2)The Chief Electoral Officer may delete from the Register of Electors or Register of Future Electors the name of any person who fails to comply with a request referred to in paragraph 51(b) within the 60 days.
43Section 53 of the Act is renumbered as subsection 53(1) and is amended by adding the following:
Restriction — Register of Future Electors
(2)If a future elector so requests the Chief Electoral Officer in writing, information in the Register of Future Electors relating to the future elector shall be used only for the purposes of
(a)updating the Register of Electors; or
(b)the transmission of information in the course of public education and information programs implemented under subsection 18(1).
44Section 54 of the Act is replaced by the following:
Access to personal information
54At the written request of an elector or future elector, the Chief Electoral Officer shall send him or her all the information in the Chief Electoral Officer’s possession relating to him or her.
2007, c. 21, s. 9
45Subsection 55(1) of the Act is replaced by the following:
Provincial bodies
55(1)The Chief Electoral Officer may enter into an agreement with any body responsible under provincial law for establishing a list of electors or future electors, governing the giving of information contained in the Register of Electors or Register of Future Electors, or the giving of information referred to in subsection 44(2) or (3) that the Chief Electoral Officer intends to include in either register, if that information is needed for establishing such a list.
Exception
(1.1)Despite subsection (1), the Chief Electoral Officer shall not enter into an agreement governing the giving of information contained in the Register of Future Electors, or the giving of information referred to in subsection 44(2) or (3) in relation to future electors, with any body that is required under provincial law to give or to make available to political parties, entities associated with a political party or members of a legislature information relating to future electors.
2007, c. 21, s. 10(1)
46(1)Paragraphs 56(a) to (d) of the Act are replaced by the following:
(a)knowingly make a false or misleading statement, orally or in writing, relating to their qualification as an elector or as a future elector or relating to any other information referred to in section 49;
(b)knowingly make a false or misleading statement, orally or in writing, relating to another person’s qualification as an elector or as a future elector, to that other person’s surname, given names, gender, civic address or mailing address, or to the identifier assigned to that other person by the Chief Electoral Officer, for the purpose of having that other person’s name deleted from the Register of Electors or Register of Future Electors, as the case may be;
(c)request the listing in the Register of Electors or Register of Future Electors of the name of a person who is not qualified as an elector or as a future elector, as the case may be, knowing that the person is not so qualified;
(d)knowingly apply to have included in the Register of Electors or Register of Future Electors the name of an animal or thing;
2007, c. 21, s. 10(2)
(2)Subaragraph 56(e)‍(ii) of the Act is replaced by the following:
(ii)for the purposes of the administration and enforcement of this Act or the Referendum Act, or
(3)Section 56 of the Act is amended by striking out “or” at the end of subparagraph (e)‍(iii) and by adding the following after paragraph (e):
(e.‍1)knowingly use personal information that is obtained from the Register of Future Electors except as follows:
(i)for the purposes of updating the Register of Electors,
(ii)for the purposes of the transmission of information in the course of public education and information programs implemented under subsection 18(1),
(iii)for the purposes of the administration and enforcement of this Act or the Referendum Act, or
(iv)in accordance with the conditions included in an agreement made under section 55, in the case of information that is transmitted in accordance with the agreement; or
2001, c. 21, s. 5
47Paragraph 57(1.2)‍(c) of the Act is replaced by the following:
(c)fix the date for voting at the election, which date must be no earlier than the 36th day and no later than the 50th day after the day on which the writ was issued.
48Subsections 59(2) and (3) of the Act are replaced by the following:
Duties of Chief Electoral Officer
(2)If the Governor in Council orders the withdrawal of a writ, the Chief Electoral Officer shall publish a notice of the withdrawal in the Canada Gazette and, on being ordered by the Governor in Council to do so, shall, within three months after the date of publication of the notice, issue a new writ ordering an election to be held.
Polling day
(3)The day named in the new writ for polling day is determined by the Governor in Council, but may be no later than the 50th day after the day on which the new writ was issued.
Postponement of election and new polling day
(4)If the Chief Electoral Officer certifies that by reason of a flood, fire or other disaster it is impracticable to carry out the provisions of this Act with regard to an electoral district, but the Governor in Council is of the opinion that the withdrawal of the writ under subsection (1) is not warranted, the Governor in Council may, by order, postpone the election by up to seven days for that electoral district and, correspondingly, extend the election period and fix the date for the new polling day.
Postponement of election — rules
(5)If the Governor in Council orders the postponement of an election for an electoral district under subsection (4), then, in respect of that electoral district, the following rules apply in respect of any time period before polling day specified under this Act:
(a)if this Act authorizes or requires anything to be done on a day that is a certain number of days before polling day or done within a period that ends before polling day, and the day occurs or the period ends before the day on which the postponement order is made, then polling day is deemed to still be the day fixed under paragraph 57(1.2)‍(c) and not the day fixed under subsection (4);
(b)if this Act authorizes or requires anything to be done within a period that ends on or before polling day and the period ends on or after the day on which the postponement order is made, then
(i)anything done as authorized or required on or before the day on which the postponement order is made is valid, and
(ii)in respect of anything not done as authorized or required on or before that day, the period during which the thing is authorized or required to be done is extended by the number of days by which the election is postponed;
(c)if this Act authorizes or requires anything to be done on a day that is a certain number of days before polling day and that day occurs on the day on which the postponement order is made, then
(i)anything done as authorized or required on that day is valid, and
(ii)in respect of anything not done as authorized or required on that day, the day on which the thing is authorized or required to be done is postponed by the number of days by which the election is postponed;
(d)if a period is extended under subparagraph (b)‍(ii) or a day is postponed under subparagraph (c)‍(ii), then any mention of a number of days before polling day prevails over any mention of a day of the week before polling day; and
(e)for the purposes of this subsection, if the original polling day fixed under paragraph 57(1.2)‍(c) is a Tuesday because of section 56.2 or subsection 57(4), it is deemed to be a Monday.
49Subsection 60(1) of the Act is replaced by the following:
Returning officer to open and maintain office
60(1)Every returning officer shall, without delay after receiving the writ or notice by the Chief Electoral Officer of the issue of the writ, open an office in premises that are accessible to electors with a disability in a convenient place in the electoral district and shall maintain the office throughout the election period.
50Paragraph 61(2)‍(b) of the Act is replaced by the following:
(b)make a solemn declaration in the prescribed form; and
51Subsection 64(3) of the Act is replaced by the following:
Notice to election officers
(3)The returning officer shall make the notice of grant of a poll available to, for each polling station, an election officer who is assigned to work in the polling station. The election officer shall post the notice in the polling station.
52(1)Paragraph 65(a) of the French version of the Act is replaced by the following:
a)les personnes qui n’ont pas qualité d’électeur le jour où leur acte de candidature est déposé;
(2)Paragraphs 65(d) and (e) of the Act are replaced by the following:
(e)the Chief Electoral Officer;
53(1)The portion of paragraph 66(1)‍(a) of the Act before subparagraph (i) is replaced by the following:
(a)a solemn declaration, in the prescribed form, made by the prospective candidate of
(2)Paragraph 66(1)‍(a) of the Act is amended by adding the following after subparagraph (i):
(i.‍1)any other name by which he or she is commonly known — other than a name that could be confused with the name of a political party — and that he or she wishes to appear on the ballot instead of the name referred to in subparagraph (i),
2014, c. 12, s. 26(1)
(3)Subparagraph 66(1)‍(a)‍(iv) of the Act is replaced by the following:
(iv)the auditor’s name, address and occupation, if the prospective candidate has appointed an auditor under subsection 477.1(2);
2001, c. 21, s. 7
(4)Subparagraph 66(1)‍(a)‍(v) of the French version of the Act is replaced by the following:
(v)le nom du parti politique qui la soutient ou, faute de soutien, son intention d’être désignée par la mention « indépendant(e) » ou de n’avoir aucune désignation d’appartenance politique dans les documents électoraux;
(5)Paragraph 66(1)‍(a) of the Act is amended by adding “and” at the end of subparagraph (v) and by adding the following after subparagraph (v):
(vi)if the prospective candidate’s statement includes the name of a political party that has endorsed him or her but the returning officer is unable to verify, under paragraph 71(2)‍(c), that the party has done so, the prospective candidate’s choice of either one of the two options referred to in subparagraph (v) or the withdrawal of his or her nomination paper;
(6)Paragraphs 66(1)‍(b) and (c) of the Act are replaced by the following:
(b)a statement signed by the prospective candidate consenting to the nomination;
(7)Subsection 66(1) of the Act is amended by striking out “and” at the end of paragraph (f), by adding “and” at the end of paragraph (g) and by adding the following after paragraph (g):
(h)if applicable, a signed statement by the prospective candidate setting out the name of the person who is authorized by the prospective candidate under subsection 67(7).
2014, c. 12, ss. 26(2)‍(F) and (3)
(8)Subsections 66(2) to (4) of the Act are replaced by the following:
Particulars of candidates — name
(2)For the purpose of subparagraphs (1)‍(a)‍(i) and (i.‍1), the name shall not include any title, degree or other prefix or suffix.
Particulars of candidates — occupation
(3)For the purpose of subparagraph (1)‍(a)‍(i), the occupation shall be stated briefly and shall correspond to the occupation by which the prospective candidate is known.
Witness ensures signatures are local electors’
(4)A witness to a signature referred to in paragraph (1)‍(e) or (f) shall use due diligence to ensure that the signatures that are made in his or her presence are all made by electors resident in the electoral district.
2015, c. 37, ss. 2(2) and 6(2)
54Section 67 of the Act is replaced by the following:
Filing of nomination paper
67(1)A prospective candidate shall file the nomination paper with the returning officer in the electoral district in which the prospective candidate is seeking nomination at any time between the date of the issue of the Notice of Election and the close of nominations.
Proof of identity — prospective candidate
(2)A prospective candidate who personally files his or her nomination paper shall provide the returning officer with the following proof of his or her identity:
(a)one piece of identification issued by a Canadian government, whether federal, provincial or local, or an agency of such a government, that contains a photograph of the prospective candidate and his or her name referred to in subparagraph 66(1)‍(a)‍(i); or
(b)two pieces of identification of a type authorized under subsection (3), each of which establishes that name.
Authorized types of identification
(3)The Chief Electoral Officer may authorize types of identification for the purposes of subsections (2) and (8). For greater certainty, any document may be authorized, regardless of who issued it.
Name prospective candidate commonly known by — documents
(4)If a prospective candidate wishes a name referred to in subparagraph 66(1)‍(a)‍(i.‍1) to appear on the ballot instead of the name referred to in subparagraph 66(1)‍(a)‍(i), he or she shall file with the returning officer documents of a type authorized under subsection (5) as proof that he or she is commonly known by that name.
Authorized types of documents
(5)The Chief Electoral Officer may authorize types of documents for the purposes of subsection (4).
Auditor’s consent
(6)If a prospective candidate has appointed an auditor, the prospective candidate shall file with the returning officer by the close of nominations a statement signed by the auditor consenting to act in that capacity.
Authorized person
(7)A prospective candidate may authorize another person to carry out, on the prospective candidate’s behalf, any of the prospective candidate’s obligations under subsections (1), (4) and (6).
Proof of identity — authorized person
(8)A person authorized under subsection (7) who files a nomination paper on behalf of a prospective candidate shall file on the prospective candidate’s behalf with the returning officer, together with the nomination paper, the following proof of the prospective candidate’s identity:
(a)a copy, signed by the prospective candidate, of one piece of identification issued by a Canadian government, whether federal, provincial or local, or an agency of such a government, that contains a photograph of the prospective candidate and his or her name referred to in subparagraph 66(1)‍(a)‍(i); or
(b)a copy, signed by the prospective candidate, of each of two pieces of identification of a type authorized under subsection (3), each of which establishes that name.
55Section 68 of the Act is amended by adding the following after subsection (2):
Names of endorsed candidates
(3)The chief agent of a political party shall provide the Chief Electoral Officer, no later than 24 hours before the close of nominations, with
(a)the name of every prospective candidate who has been endorsed by the party;
(b)the electoral district in which the prospective candidate intends to be a candidate; and
(c)the name of the person or persons who endorsed the prospective candidate on the party’s behalf.
Information to returning officers
(4)As soon as feasible after receiving the information set out in paragraphs (3)‍(a) to (c), but no later than the close of nominations, the Chief Electoral Officer shall provide the information to the returning officer of the electoral district referred to in paragraph (3)‍(b).
56(1)Subsection 70(2) of the French version of the Act is replaced by the following:
Clôture des candidatures
(2)Un acte de candidature ne peut être reçu de quiconque entre au bureau du directeur du scrutin après 14 h le jour de clôture.
(2)Subsection 70(3) of the Act is replaced by the following:
Designated filing place
(3)The returning officer may authorize a person to receive — or examine, in the case of paragraph (b) — the following in any place designated by the returning officer:
(a)the nomination paper;
(b)the piece or pieces of identification referred to in paragraphs 67(2)‍(a) and (b);
(c)the documents referred to in subsection 67(4);
(d)the statement referred to in subsection 67(6); and
(e)the copy or copies of the piece or pieces of identification referred to in paragraphs 67(8)‍(a) and (b).
57(1)Paragraph 71(2)‍(a) of the Act is replaced by the following:
(a)that the prospective candidate’s identity has been proven by the piece or pieces of identification provided under subsection 67(2) or the copy or copies filed under subsection 67(8), as the case may be;
(a.‍1)that the nomination paper is complete, including having at least the number of signatures referred to in paragraph 66(1)‍(e) or (f), as the case may be;
(2)Subsection 71(2) of the Act is amended by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):
(c)that the political party named in the nomination paper as having endorsed the prospective candidate has done so, as evidenced by the information provided under paragraph 68(3)‍(a) in respect of that prospective candidate.
58The Act is amended by adding the following after section 71:
Name prospective candidate commonly known by — determination
71.1(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.
59Section 72 of the Act is repealed.
60Subsection 73(1) of the Act is replaced by the following:
Electronic filing
73(1)A person who files a nomination paper or any other document under section 67 may do so by electronic means. In order for the nomination to be valid, the returning officer must receive the document in electronic form by the close of nominations.
Proof of identity
(1.1)If a prospective candidate files the nomination paper under section 67 by electronic means, he or she may, to prove his or her identity, file by electronic means the copy or copies referred to in paragraph 67(8)‍(a) or (b). If the prospective candidate does so, he or she need not provide proof of his or her identity under subsection 67(2).
2001, c. 21, s. 10(E)
61Sections 91 and 92 of the Act are replaced by the following:
Publishing false statement to affect election results
91(1)No person or entity shall, with the intention of affecting the results of an election, make or publish, during the election period,
(a)a false statement that a candidate, a prospective candidate, the leader of a political party or a public figure associated with a political party has committed an offence under an Act of Parliament or a regulation made under such an Act — or under an Act of the legislature of a province or a regulation made under such an Act — or has been charged with or is under investigation for such an offence; or
(b)a false statement about the citizenship, place of birth, education, professional qualifications or membership in a group or association of a candidate, a prospective candidate, the leader of a political party or a public figure associated with a political party.
Clarification
(2)Subsection (1) applies regardless of the place where the election is held or the place where the false statement is made or published.
Publishing false statement of candidate’s withdrawal
92No person or entity shall publish a false statement that indicates that a candidate has withdrawn.
2007, c. 21, s. 13
62Subsections 93(1) and (1.1) of the Act are replaced by the following:
Preliminary lists and information to returning officer
93(1)As soon as possible after the issue of a writ, the Chief Electoral Officer shall prepare a preliminary list of electors for each polling division in an electoral district, and shall make it available to the returning officer for the electoral district along with all the other information in the Register of Electors that relates to the electors of that electoral district.
Preliminary lists to parties
(1.1)The Chief Electoral Officer shall make available in electronic form or in formats that include electronic form, to each registered party or eligible party that requests them, the preliminary lists of electors for an electoral district in respect of which a writ has been issued.
63Section 94 of the Act is replaced by the following:
Preliminary lists to candidates
94Each returning officer to whom the preliminary lists of electors for his or her electoral district have been made available shall make them available to each candidate in the electoral district who requests them.
64(1)Paragraphs 95(1)‍(a) and (b) of the Act are replaced by the following:
(a)are incarcerated electors as defined in section 177;
(2)Paragraph 95(2)‍(a) of the Act is replaced by the following:
(a)the address of the elector’s polling station, and whether or not it is in premises that are accessible to electors with a disability;
(3)Paragraphs 95(3)‍(b) and (c) of the Act are replaced by the following:
(b)requires a polling station that is in premises that are accessible to electors with a disability, which his or her polling station is not; or
(c)is unable to attend at a polling station because of a disability.
2014, c. 12, s. 34
65Sections 97 and 98 of the Act are replaced by the following:
Election officers who are designated to receive applications
97(1)The returning officer, assistant returning officer and other election officers for an electoral district may receive applications for additions or corrections to, or deletions from, a preliminary list of electors or the Register of Electors for their electoral district.
Applications for addition, correction or deletion
(2)All applications referred to in subsection (1) that are received by election officers other than the returning officer or assistant returning officer shall, on completion, be presented to the returning officer or assistant returning officer for his or her approval.
Revision offices
98The returning officer may open one or more offices for the revision of the preliminary lists of electors. The office or offices shall be in premises that are accessible to electors with a disability.
66Section 100 of the Act is replaced by the following:
Election officers to act in pairs
100(1)Election officers shall act in pairs when they assist the returning officer or assistant returning officer in the revision of the preliminary lists of electors.
Disagreement between election officers
(2)In case of disagreement between members of a pair, the two election officers shall refer the matter to the returning officer or assistant returning officer for a decision and are bound by that decision.
2007, c. 21, s. 16(1)
67Paragraph 101(1)‍(d) of the Act is replaced by the following:
(d)the elector, or another elector who lives at the same residence as the elector, completes the prescribed registration form, and makes the solemn declaration in the prescribed form, at their residence and in the presence of a pair of election officers assisting the returning officer or assistant returning officer in the revision of the preliminary lists of electors.
68The heading before section 103 and sections 103 and 104 of the Act are repealed.
2007, c. 21, s. 17
69Section 104.1 of the Act is replaced by the following:
Lists to candidates
104.1Each returning officer shall, on the 19th day before polling day, make available the most current preliminary lists of electors for his or her electoral district to each candidate in the electoral district who requests them.
Lists to registered parties
104.2The Chief Electoral Officer shall, on the 19th day before polling day, make available in electronic form or in formats that include electronic form the most current preliminary lists of electors for each electoral district to each registered party that has endorsed a candidate in that electoral district and that requests them.
2014, c. 12, ss. 36 and 37
70Sections 106 and 107 of the Act are replaced by the following:
Official list of electors
106Each returning officer shall, without delay 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 station for use on polling day.
Form of lists
107(1)The revised list of electors for each polling division and official list of electors for each polling station shall be in the form established by the Chief Electoral Officer. The official list of electors shall indicate each elector’s polling division number.
Lists to election officers
(2)Each returning officer shall make available to election officers the revised list of electors or official list of electors, as the case may be, that the election officers need to conduct the vote in the advance polling station or polling station to which they are assigned. The list shall indicate each elector’s year of birth.
Lists to candidates
(3)Each returning officer shall make available to each candidate a version of the revised lists of electors and the official lists of electors that does not indicate an elector’s year of birth.
Lists to registered parties
(4)The Chief Electoral Officer shall make available in electronic form or in formats that include electronic form, for each electoral district, a version of the revised lists of electors and the official lists of electors that does not indicate an elector’s year of birth to each registered party that has endorsed a candidate in that electoral district.
71Subsection 108(2) of the Act is repealed.
2001, c. 21, s. 11
72Subsections 109(2) and (3) of the Act are replaced by the following:
Lists to member and parties
(2)The Chief Electoral Officer shall make available in electronic form, or in formats that include electronic form, the final lists of electors for each electoral district to each registered party that has endorsed a candidate in the electoral district and to the member who was elected for the electoral district in the last election.
2007, c. 21, s. 19; 2014, c. 12, s. 38
73Section 110 of the Act is replaced by the following:
Registered parties
110(1)A registered party to which lists of electors are made available under section 45, subsection 93(1.1), section 104.2, subsection 107(4) or section 109 may use the lists for communicating with electors, including using them for soliciting contributions and recruiting party members.
Eligible parties
(1.1)An eligible party to which preliminary lists of electors are made available under subsection 93(1.1) may use the lists for communicating with electors, including using them for soliciting contributions and recruiting party members.
Members
(2)A member to whom lists of electors or final lists of electors are made available under section 45 or 109, respectively, may use the lists for
(a)communicating with his or her electors; and
(b)if the member is a member of a registered party, soliciting contributions for the registered party and recruiting party members.
Candidates
(3)A candidate to whom the preliminary lists of electors are made available under section 94 or 104.1, or to whom the revised lists of electors or the official lists of electors are made available under subsection 107(3), may use the lists for communicating with his or her electors during the election period, including using them for soliciting contributions and campaigning.
74Subparagraph 111(f)‍(ii) of the Act is replaced by the following:
(ii)for the purposes of the administration and enforcement of this Act or the Referendum Act.
75The heading before section 112 of the Act is replaced by the following:
List of Election Officers
76Subsection 112(1) of the Act is replaced by the following:
List of election officers to candidates
112(1)A returning officer shall, at least three days before polling day, post in his or her office, and make available to each candidate or candidate’s representative, a list of the names of all the election officers appointed to act in the electoral district who are assigned to a polling station, along with the polling station to which each officer is assigned.
77Section 113 of the Act is replaced by the following:
Delivery to returning officers
113The Chief Electoral Officer, at any time before the issue of the writ or immediately after the issue of it, shall deliver to the returning officer sufficient quantities of election materials and the necessary instructions for the election officers to exercise their powers and perform their duties.
78Subsection 114(2) of the Act is replaced by the following:
Material of ballot box
(2)Each ballot box shall be of the size and shape and made of the material determined by the Chief Electoral Officer and be constructed to allow seals for the use of the returning officers and other election officers to be affixed.
79Subsection 116(6) of the French version of the Act is replaced by the following:
Nom de l’imprimeur et affidavit
(6)Les bulletins de vote doivent porter le nom de l’imprimeur qui doit, lorsqu’il les livre au directeur du scrutin, lui remettre un affidavit, selon le formulaire prescrit, précisant leur description, le nombre qu’il lui livre et le fait qu’il s’est conformé au paragraphe (5).
80(1)Subsection 117(1) of the Act is replaced by the following:
Information on the ballot
117(1)Ballots shall contain the names of candidates referred to in subparagraph 66(1)‍(a)‍(i) or (i.‍1), as the case may be, and taken from their nomination papers, arranged alphabetically.
2001, c. 21, s. 12
(2)Paragraph 117(2)‍(b) of the Act is replaced by the following:
(b)the information referred to in subsection 68(3) was provided in respect of the candidate in accordance with that subsection; and
2001, c. 21, s. 12
(3)Subsection 117(3) of the French version of the Act is replaced by the following:
Mention « indépendant(e) »
(3)Le bulletin de vote porte la mention « indépendant(e) » sous le nom du candidat qui l’a demandé conformément au sous-alinéa 66(1)a)‍(v), et seulement dans ce cas.
(4)Subsection 117(5) of the French version of the Act is replaced by the following:
Mention de l’adresse ou de la profession
(5)Dans les cas où au moins deux candidats ont le même nom et ont indiqué leur intention d’être désignés par la mention « indépendant(e) » ou de n’avoir aucune désignation de parti dans le cadre du sous-alinéa 66(1)a)‍(v), les bulletins de vote mentionnent l’adresse ou la profession de ces candidats s’ils en font la demande par écrit au directeur du scrutin avant 17 h le jour de clôture.
81The heading before section 119 of the Act is replaced by the following:
Provision of Election Materials to Election Officers
82(1)The portion of subsection 119(1) of the Act before paragraph (c) is replaced by the following:
Materials to be provided to election officers
119(1)Before voting begins, each returning officer shall provide, in accordance with the Chief Electoral Officer’s instructions, the election officers who are assigned to a polling station in the returning officer’s electoral district with
(a)enough ballots for at least the number of electors on the official list of electors for the polling station;
(b)a statement showing the number of ballots that are provided, with their serial numbers;
(2)Paragraph 119(1)‍(f) of the French version of the Act is replaced by the following:
f)la liste électorale officielle à utiliser au bureau de scrutin, qu’il place si possible dans l’urne avec les bulletins de vote et autres accessoires;
(3)Subsection 119(2) of the Act is replaced by the following:
Safekeeping of election materials
(2)Until the opening of the poll, the election officers are responsible for all election materials in their possession and shall take every precaution to ensure the safekeeping of those materials and to prevent any person from having unlawful access to them.
83Section 120 of the Act and the heading before it are replaced by the following:
Polling Stations
Establishment of polling stations
120Each returning officer shall, for polling day, establish polling stations and assign each polling division to a polling station.
84Subsections 121(1) to (3) of the Act are replaced by the following:
Accessibility
121(1)A polling station shall be in premises that are accessible to electors with a disability.
Exception
(2)If a returning officer is unable to secure suitable premises for a polling station that are accessible to electors with a disability, the returning officer may, with the prior approval of the Chief Electoral Officer, establish the polling station in premises that are not accessible to such electors.
Voting compartments
(3)Each polling station shall contain a sufficient number of voting compartments arranged so that each elector is screened from observation and may, without interference or interruption, mark their ballot.
85Subsections 122(1) and (2) of the Act are replaced by the following:
Polling station in school or other public building
(2)Whenever possible, a returning officer shall establish a polling station in a school or other suitable public building.
2014, c. 12, s. 42
86Sections 123 and 124 of the Act are repealed.
2014, c. 12, s. 43
87Section 125.1 of the Act is replaced by the following:
Information — location of polling stations
125.1(1)The returning officer for an electoral district and the Chief Electoral Officer shall make the addresses of all of the polling stations in the electoral district available to, respectively, each candidate in the electoral district and each political party that has endorsed a candidate in the electoral district. That information shall be made available on the later of the 24th day before polling day and the day on which the candidate’s nomination is confirmed, along with maps of the electoral district indicating the boundaries of each polling division and the location of each polling station.
Notification of change — on or before 5th day before polling day
(2)If, on or before the 5th day before polling day, there is a change in the address of any polling station in the electoral district, the returning officer and the Chief Electoral Officer shall without delay make that information available to the candidates and the political parties respectively, along with maps of the electoral district indicating the new location of the polling station.
Electoral district maps — electronic format
(2.1)The maps that the Chief Electoral Officer is to make available to political parties under subsections (1) and (2) shall be made available in electronic form or in formats that include electronic form.
Notification of change — after 5th day before polling day
(3)If, after the 5th day before polling day, there is a change in the address of any polling station in the electoral district, the returning officer and the Chief Electoral Officer shall without delay make that information available to the candidates and the political parties respectively.
88(1)Paragraphs 135(1)‍(a) and (b) of the Act are replaced by the following:
(a)any field liaison officer;
(b)the returning officer, his or her representatives and any member of his or her staff whom he or she authorizes to be present;
(b.‍1)any election officer whom the returning officer authorizes to be present;
2014, c. 12, s. 44(1)
(2)Paragraphs 135(1)‍(g) and (h) of the Act are replacing by the following:
(h)if a polling division of an electoral district in which a registered party’s leader is a candidate is assigned to the polling station, any media representative who — subject to any conditions that the Chief Electoral Officer considers necessary to protect the integ­rity of the vote and the privacy of any person present at the polling station — is authorized in writing by the Chief Electoral Officer to be present and take any photograph or make any audio or video recording of the candidates as they cast their votes; and
(i)the auditor referred to in section 164.1.
2014, c. 12, s. 44(2)
(3)Subsections 135(2) to (5) of the Act are replaced by the following:
Delivery of representative’s authorization
(2)When a representative of a candidate is admitted to a polling station, the representative shall deliver his or her written authorization from the candidate or the candidate’s official agent in the prescribed form, or a copy of it, to an election officer who is assigned to the polling station.
Representative authorized in writing
(3)A representative bearing a written authorization referred to in subsection (2), or a copy of one, is a representative of the candidate for the purposes of this Act and is entitled to represent the candidate to the exclusion of any elector who might otherwise claim the right to represent the candidate.
Solemn declaration
(4)Each representative of a candidate or each elector described in paragraph (1)‍(d), on being admitted to the polling station, shall make a solemn declaration in the prescribed form.
Solemn declaration
(5)A candidate’s representative who is appointed to more than one polling station shall, before being admitted to the first polling station, make a solemn declaration in the prescribed form before an election officer who is assigned to that polling station. The representative is not required to make another solemn declaration on being admitted to any other polling station in the same electoral district if he or she presents a document, in the prescribed form, proving that he or she has already made the solemn declaration.
89Subsection 136(2) of the Act is replaced by the following:
Representatives may absent themselves from poll
(2)A representative of a candidate, or an elector described in paragraph 135(1)‍(d), may leave a polling station at any time and return at any time before the counting of the votes begins and is not required to produce a new written authorization from the candidate or official agent, or a copy of one, or to make another solemn declaration.
90(1)Subsection 138(1) of the Act is replaced by the following:
Initialling ballots
138(1)Before a polling station opens on polling day, and in full view of the candidates or their representatives who are present at the polling station, an election officer who is assigned to the polling station shall initial the back of every ballot in the space indicated in Form 3 of Schedule 1, entirely in ink or entirely in black pencil so that when the ballot is folded the initials can be seen. The initials shall be as similar as possible on each ballot.
(2)Subsections 138(2) and (3) of the French version of the Act are replaced by the following:
Interdiction de défaire le carnet
(2)Le fonctionnaire électoral appose son paraphe sans détacher le bulletin de vote du carnet.
Cas de manque de temps
(3)L’apposition du paraphe ne peut avoir pour effet de retarder l’ouverture du scrutin; s’il n’a pas paraphé tous les bulletins de vote à l’heure d’ouverture, le fonctionnaire électoral le fait dans les meilleurs délais, avant de remettre les bulletins aux électeurs.
91The portion of section 140 of the Act before paragraph (a) is replaced by the following:
Examining and sealing ballot box
140When the polling station opens, an election officer who is assigned to the polling station 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
92Sections 141 and 142 of the Act are replaced by the following:
Calling electors
141Immediately after the ballot box is sealed, an election officer who is assigned to the polling station shall call on the electors to vote.
Electors not to be impeded
142An election officer who is assigned to the polling station shall ensure that every elector is admitted into the polling station and that the electors are not disturbed when they are in or near the polling station.
2007, c. 21, s. 21
93(1)Subsection 143(1) of the Act is replaced by the following:
Elector to give name and address
143(1)Each elector, in order to receive a ballot, shall give his or her name and address to an election officer who is assigned to the polling station, and, on request, to a candidate or a candidate’s representative.
2014, c. 12, s. 46(1)
(2)The portion of subsection 143(2) of the Act before paragraph (a) is replaced by the following:
Proof of identity and residence
(2)If the election officer determines that the elector’s name and address appear on the list of electors or that the elector is allowed to vote under section 146, 147, 148 or 149, then, subject to subsection (3), the elector shall provide the election officer with the following proof of his or her identity and residence:
2007, c. 21, s. 21
(3)Paragraph 143(2)‍(a) of the English version of the Act is replaced by the following:
(a)one piece of identification issued by a Canadian government, whether federal, provincial or local, or an agency of such a government, that contains a photograph of the elector and his or her name and address; or
2014, c. 12, s. 46(3)
(4)Subsection 143(2.1) of the Act is replaced by the following:
Authorized types of identification
(2.1)The Chief Electoral Officer may authorize types of identification for the purposes of paragraph (2)‍(b). For greater certainty, any document may be authorized, regardless of who issued it.
2014, c. 12, s. 46(4)
(5)Subsection 143(3) of the Act is replaced by the following:
Solemn declaration
(3)An elector may instead prove his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing if he or she is accompanied by another elector whose name appears on the list of electors for the same polling station and who
(a)provides the election officer referred to in subsection (1) with the piece or pieces of identification referred to in paragraph (2)‍(a) or (b), respectively; and
(b)vouches for the elector by making the solemn declaration referred to in subsection 549.1(2) in writing.
Vouching for electors in long-term care institution
(3.01)If an elector who resides in an institution for sen­iors or persons with a disability wishes to prove his or her identity and residence under subsection (3), the other elector referred to in that subsection who accompanies him or her may be an employee of the institution who resides — despite that subsection — in any polling division in the elector’s electoral district or an adjacent electoral district.
Definition of employee
(3.02)In subsection (3.01), employee includes an owner of the institution and any person who occupies a management position at the institution.
2007, c. 37, s. 1
(6)Subsection 143(3.2) of the Act is replaced by the following:
Request to make solemn declaration
(3.2)Despite subsection (3.1), if the election officer referred to in subsection (1), a candidate or a candidate’s representative has reasonable doubts concerning the residence of an elector referred to in subsection (3.1), the officer, candidate or representative may request that the elector make the solemn declaration referred to in subsection 549.1(1) in writing, in which case the elector’s residence is deemed to have been proven only if he or she makes that solemn declaration.
2007, c. 21, s. 21; 2014, c. 12, s. 46(6)
(7)Subsections 143(4) to (6) of the Act are replaced by the following:
Voting
(4)If the election officer is satisfied that an elector’s identity and residence have been proven in accordance with subsection (2), (3), (3.1) or (3.2), the elector’s name shall be crossed off the list and, subject to section 144, the elector shall be immediately allowed to vote.
2007, c. 21, s. 21; 2014, c. 12, s. 47
94Sections 143.1 and 144 of the Act are replaced by the following:
Requirement before making solemn declaration — elector
143.1(1)If a person decides to prove his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the qualifications for electors and the penalty that may be imposed under this Act on a person who is found guilty of voting or attempting to vote at an election knowing that he or she is not qualified as an elector or who contravenes subsection 549(3).
Requirement before making solemn declaration — vouching for elector
(2)If a person decides to vouch for an elector by making the solemn declaration referred to in subsection 549.1(2) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the penalty that may be imposed under this Act on a person who contravenes any of subsections 282.1(1) to (3) or 549(3).
Proof of qualification as elector
144If the election officer referred to in subsection 143(1), a candidate or a candidate’s representative has reasonable doubts concerning whether a person intending to vote is qualified as an elector, the officer, candidate or representative may request that the person make the solemn declaration referred to in subsection 549.1(1) in writing, in which case the person shall not be allowed to vote unless he or she makes that solemn declaration.
2007, c. 21, s. 22; 2014, c. 12, ss. 48 and 49
95Sections 146 to 148.1 of the Act are replaced by the following:
Name and address corresponding closely to another
146If the name and address of a person who asks for a ballot do not appear in the list of electors but a different name and address in that list correspond so closely as to suggest that they are intended to refer to that person, the person shall not be allowed to vote unless he or she makes a solemn declaration in the prescribed form.
Person in whose name another has voted
147(1)If a person asks for a ballot at a polling station after someone else has voted under that person’s name, the person shall not be allowed to vote unless he or she makes the solemn declaration referred to in subsection 549.1(1) in writing.
Requirement before making solemn declaration
(2)An election officer shall, before the person makes the solemn declaration, advise the person in writing of the penalty that may be imposed under this Act on a person who is found guilty of voting or attempting to vote more than once contrary to section 281.5 or of requesting or applying for a ballot or special ballot in a name that is not his or her own contrary to paragraph 281.7(1)‍(a).
Name crossed off list in error
148If an elector claims that his or her name has been crossed off in error from an official list of electors under subsection 176(2) or (3), the elector shall not be allowed to vote unless the returning officer verifies that the elector’s name was crossed off in error or the elector makes the solemn declaration referred to in subsection 549.1(1) in writing.
Failure to prove identity or residence
148.1(1)An elector who fails to prove his or her identity and residence in accordance with section 143 or to make a solemn declaration otherwise required by this Act shall not receive a ballot or be allowed to vote.
When elector refuses to make solemn declaration
(2)If an elector refuses to make a solemn declaration on the ground that he or she is not required to do so under this Act, the elector may appeal to the returning officer. If, after consultation with the election officer in whose opinion the elector is required to make the solemn declaration, the returning officer decides that the elector is not required to make it, and if the elector is entitled to vote in the polling division, the returning officer shall direct that he or she be allowed to do so.
2007, c. 21, ss. 23(1)‍(E), (2) and (3)‍(E)
96Paragraphs 149(a) to (c) of the Act are replaced by the following:
(a)the elector gives the election officer referred to in subsection 143(1) a transfer certificate described in section 158 or 159 and, for a certificate described in subsection 158(2), fulfils the conditions described in subsection 158(3); or
(b)the elector gives the election officer a registration certificate described in subsection 161(4).
97Section 150 of the Act is replaced by the following:
Delivery of ballot to elector
150(1)Every elector who is admitted to vote shall be given a ballot by the election officer referred to in subsection 143(1), after that election officer has placed on the back of the ballot, in the space indicated in Form 3 of Schedule 1, the number of the elector’s polling division.
Instructions to elector on receiving ballot
(2)The election officer shall explain to each elector how to indicate his or her choice and fold the ballot so that its serial number and the initials of the election officer who initialed the ballot are visible and shall direct the elector to return the marked and folded ballot.
98(1)Paragraph 151(1)‍(c) of the Act is replaced by the following:
(c)fold the ballot as instructed by the election officer; and
(2)Paragraph 151(1)‍(d) of the English version of the Act is replaced by the following:
(d)return the ballot to the election officer who provided it.
(3)The portion of subsection 151(2) of the Act before paragraph (a) is replaced by the following:
Return of ballot
(2)The election officer shall, on receiving the ballot from the elector,
99Subsection 152(1) of the Act is replaced by the following:
Spoiled ballot
152(1)If the ballot is incapable of being used, the elector shall return it to the election officer referred to in subsection 143(1), who shall mark it as a spoiled ballot, place it in the envelope supplied for the purpose and give the elector another ballot.
100Section 154 of the Act is replaced by the following:
Assistance by election officer
154(1)On request by an elector who is unable to read or because of a disability is unable to vote in the manner described by this Act, an election officer who is assigned to the polling station shall assist the elector in the presence of another election officer who is assigned to the polling station.
Template
(2)An election officer who is assigned to the polling station shall, on request, provide a template to an elector who has a visual impairment to assist him or her in marking his or her ballot.
2000, c. 12, par. 40(2)‍(c)
101(1)Subsection 155(1) of the English version of the Act is replaced by the following:
Assistance by friend or related person
155(1)If an elector requires assistance to vote, one of the following persons may accompany the elector into the voting compartment and assist the elector to mark his or her ballot:
(a)a friend of the elector;
(b)the elector’s spouse or common-law partner; or
(c)a relative of the elector or of the elector’s spouse or common-law partner.
(2)Subsection 155(2) of the Act is repealed.
2000, c. 12, par. 40(2)‍(d)
(3)The portion of subsection 155(3) of the Act before paragraph (a) is replaced by the following:
Solemn declaration
(3)A person described in subsection (1) who wishes to assist an elector in marking a ballot shall first make a solemn declaration, in the prescribed form, that he or she
2000, c. 12, par. 40(2)‍(d)
(4)Paragraphs 155(3)‍(a) to (d) of the French version of the Act are replaced by the following:
a)marquera le bulletin de vote conformément aux instructions de l’électeur;
b)ne divulguera pas le vote de l’électeur;
c)ne tentera pas d’exercer une influence sur celui-ci dans son choix;
d)n’a pas déjà aidé, lors de l’élection en cours, une autre personne, à titre d’ami, à voter.
2000, c. 12, par. 40(2)‍(d)
(5)Subsection 155(4) of the Act is repealed.
102Section 156 of the Act is replaced by the following:
Use of interpreter
156An election officer who is assigned to a polling station may appoint a language or sign language interpreter to assist election officers at the polling station in communicating to an elector any information that is necessary to enable him or her to vote.
103(1)The portion of subsection 157(1) of the Act before paragraph (a) is replaced by the following:
Elector who is confined to bed
157(1)At a polling station that has been established in an institution for seniors or persons with a disability, when an election officer who is assigned to the polling station considers it necessary, the election officer shall
(1.1)Paragraph 157(1)‍(b) of the French version of the Act is replaced by the following:
b)avec l’approbation du responsable de l’établissement, transporter l’urne, les bulletins de vote et les autres documents électoraux nécessaires de chambre en chambre, en vue de recueillir les votes des électeurs alités qui résident habituellement dans la section de vote où se trouve l’établissement.
(2)Subsection 157(2) of the Act is replaced by the following:
Procedure for taking the votes
(2)When the vote of an elector who is confined to bed is taken, an election officer assigned to the polling station shall give the elector the assistance necessary to enable the elector to vote, and not more than one representative of each candidate may be present.
104Subsections 158(2) and (3) of the Act are replaced by the following:
Transfer certificate for election officer
(2)An election officer who is assigned to a polling station shall issue a transfer certificate to any person — other than himself or herself — whose name appears on the official list of electors for the polling station and who has been appointed to act as an election officer for another polling station in the same electoral district.
Condition
(3)A transfer certificate issued under subsection (2) authorizes the person to vote at the polling station named in it only if, on polling day, the person exercises the power or performs the duty specified in the certificate at the place mentioned in the certificate.
2007, c. 21, s. 25
105Section 159 of the Act is replaced by the following:
Transfer certificate for elector with disability
159(1)An elector who has a disability and is therefore unable to vote without difficulty in his or her polling station may apply for a transfer certificate to vote at another polling station in the same electoral district.
Application
(2)The application shall be made in accordance with the Chief Electoral Officer’s instructions.
Issue of transfer certificate to elector with disability
(3)An election officer shall issue a transfer certificate in the prescribed form, and provide the certificate to the person who submitted the application to the officer, if the officer is satisfied that the elector’s name appears on a list of electors for the electoral district.
106(1)The portion of section 160 of the Act before paragraph (a) is replaced by the following:
Signing, numbering and recording transfer certificate
160The election officer who issues a transfer certificate shall
(2)Paragraph 160(e) of the Act is replaced by the following:
(e)if possible, send a copy of the certificate to an election officer who is assigned to the polling station on whose list of electors appears the name of the person to whom the certificate has been issued.
2007, c. 21, s. 26(1); 2014, c. 12, s. 50(1)‍(F)
107(1)The portion of subsection 161(1) of the Act before paragraph (a) is replaced by the following:
Registration in person
161(1)An elector whose name is not on the list of electors may register in person on polling day before an election officer if the elector
2014, c. 12, s. 50(1.‍1)
(2)Paragraph 161(1)‍(a) of the French version of the Act is replaced by the following:
a)soit en présentant la pièce visée à l’alinéa 143(2)a) sur laquelle figure une adresse qui établit sa résidence ou les pièces visées à l’alinéa 143(2)b) dont au moins une porte une telle adresse;
2014, c. 12, s. 50(1.‍1)
(3)Paragraph 161(1)‍(b) of the Act is replaced by the following:
(b)proves his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing and is accompanied by another elector whose name appears on the list of electors for the same polling station and who
(i)provides the piece or pieces of identification referred to in paragraph 143(2)‍(a) or (b), respectively, the piece or one of those pieces containing either an address that proves that other elector’s residence or an address that is consistent with information related to that other elector that appears on the list of electors, and
(ii)vouches for the elector by making the solemn declaration referred to in subsection 549.1(2) in writing.
(4)Subsections 161(2) and (3) of the Act are replaced by the following:
Vouching for electors in long-term care institution
(2)If an elector who resides in an institution for seniors or persons with a disability wishes to prove his or her identity and residence under subsection (1), the other elector referred to in paragraph (1)‍(b) who accompanies him or her may be an employee of the institution who resides — despite that paragraph — in any polling division in the elector’s electoral district or an adjacent electoral district.
Definition of employee
(2.1)In subsection (2), employee includes an owner of the institution and any person who occupies a management position at the institution.
Representative of each candidate
(3)The election officer shall permit each candidate, or one representative of each candidate, in the electoral district to be present when an elector is being registered.
2014, c. 12, s. 50(3)
(5)Subsection 161(4) of the Act is replaced by the following:
Registration certificate
(4)If the elector satisfies the requirements of subsection (1), the election officer shall complete a registration certificate in the prescribed form authorizing the elector to vote and the elector shall sign it. The registration certificate shall include a solemn declaration made by the elector that he or she is qualified as an elector under section 3.
2014, c. 12, s. 50(5)
(6)Subsections 161(6) and (7) of the Act are repealed.
2014, c. 12, s. 51
108Section 161.1 of the Act is replaced by the following:
Requirement before making solemn declaration — elector
161.1(1)If a person decides to prove his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the qualifications for electors and the penalty that may be imposed under this Act on a person who contravenes subsection 161(5.1) or 549(3).
Requirement before making solemn declaration — vouching for elector
(2)If a person decides to vouch for an elector by making the solemn declaration referred to in subsection 549.1(2) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the penalty that may be imposed under this Act on a person who contravenes any of subsections 282.1(1) to (3) or 549(3).
109The heading before section 162 of the Act is replaced by the following:
Duties of Election Officers Assigned to Polling Station
110(1)The portion of section 162 of the Act before paragraph (b) is replaced by the following:
Duties
162An election officer assigned to a polling station — and not necessarily the same election officer for all of the following — shall
(a)make, on the prescribed form, the entries required under this Act;
(2)Paragraph 162(d) of the Act is repealed.
2007, c. 21, s. 28
(3)Paragraphs 162(f) and (g) of the Act are replaced by the following:
(f)indicate, if applicable, on the prescribed form that the elector has made a solemn declaration and the type of solemn declaration;
(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, or to make a solemn declaration;
2007, c. 21, s. 28
(4)Paragraph 162(i) of the Act is replaced by the following:
(i)indicate, if applicable, on the prescribed form that an elector has voted in the circumstances described in section 147, that the solemn declaration referred to in subsection 549.1(1) has been made or that any other solemn declaration that was required to be made was made, note any objection that was made on behalf of any of the candidates and indicate the candidate’s name;
111Section 164 of the Act is replaced by the following:
Procedure in case of contravention of secrecy
164(1)It is the duty of the election officers who are present at the polling station to draw the attention of any elector to an offence that the elector commits in contravening any of paragraphs 281.6(3)‍(a) to (c) and to the punishment to which the elector is liable, but the elector shall be allowed to vote in the usual way if he or she has not already done so.
Clarification
(2)For greater certainty, if one election officer performs his or her duty under subsection (1) with regard to an elector, no other election officer need do so with regard to that elector.
2014, c. 12, s. 53
112Section 164.1 of the Act is replaced by the following:
Engagement of auditor
164.1For each general election and by-election, the Chief Electoral Officer shall engage an auditor that he or she considers to have technical or specialized knowledge — other than a member of his or her staff or an election officer — to perform an audit and report on whether election officers have properly exercised any of the powers conferred on them under this Act, or properly performed any of the duties imposed on them under this Act, that are specified by the Chief Electoral Officer.
113Subsection 166(1) of the Act is amended by adding “and” at the end of paragraph (a), by striking out “and” at the end of paragraph (b) and by repealing paragraph (c).
114Section 167 of the Act is repealed.
115(1)Subsection 168(4) of the Act is replaced by the following:
Combining advance polling districts
(4)When a request is made to a returning officer not later than four days after the issue of the writ, the returning officer may, with the prior approval of the Chief Electoral Officer, combine two advance polling districts into one district.
(2)Subsection 168(5) of the French version of the Act is replaced by the following:
Demande de modification de l’emplacement d’un bureau de vote par anticipation
(5)Si une demande de modification de l’emplacement d’un bureau de vote par anticipation est présentée au directeur du scrutin au plus tard quatre jours après la délivrance du bref, celui-ci peut, avec l’agrément préalable du directeur général des élections, prendre des dispositions en vue de changer le bureau de place.
(3)Subsections 168(6) and (7) of the Act are replaced by the following:
Accessibility
(6)An advance polling station shall be in premises that are accessible to electors with a disability.
Exception
(7)If a returning officer is unable to secure suitable premises for an advance polling station that are accessible to electors with a disability, the returning officer may, with the prior approval of the Chief Electoral Officer, establish the advance polling station in premises that are not accessible to such electors.
Advance polling station in more than one premises
(8)If the returning officer is of the opinion that an advance polling district consists of or includes remote, isolated or low-density communities, the returning officer may, with the prior approval of the Chief Electoral Officer and in accordance with the Chief Electoral Officer’s instructions, establish the advance polling station for that district in premises in more than one such community, and have the election officers who are assigned to the advance polling station — along with the ballot box, ballots and other necessary election documents — be at given ones of those premises on different days of advance polling to take electors’ votes. For greater certainty, subsections (5) to (7) apply to the advance polling station.
116The Act is amended by adding the following after section 168:
Transfer Certificates
Transfer certificate for candidate
168.1(1)A candidate whose name appears on the revised list of electors for an advance polling station is entitled on request to receive a transfer certificate to vote at another advance polling station in the same electoral district.
Transfer certificate for election officer
(2)An election officer who is assigned to an advance polling station shall issue a transfer certificate to any person — other than himself or herself — whose name appears on the revised list of electors for the advance polling station and who has been appointed to act as an election officer for another advance polling station.
Condition
(3)A transfer certificate issued under subsection (2) authorizes the person to vote at the advance polling station named in it only if, on one of the days of advance polling, the person performs the duty specified in the certificate at the place mentioned in the certificate.
Transfer certificate for elector whose advance polling station has moved
(4)If an elector’s advance polling station moves to another location after the notice of confirmation of registration has been sent, an elector who attends at the advance polling station set out in the notice is entitled on request to receive a transfer certificate to vote at that advance polling station.
Transfer certificate for elector with disability
168.2(1)An elector who has a disability and is therefore unable to vote without difficulty in his or her advance polling station may apply for a transfer certificate to vote at another advance polling station in the same electoral district.
Application requirements
(2)The application shall be made in accordance with the Chief Electoral Officer’s instructions.
Issue of transfer certificate to elector with disability
(3)An election officer shall issue a transfer certificate in the prescribed form, and provide the certificate to the person who submitted the application to the officer, if the officer is satisfied that the elector’s name appears on the revised list of electors for the electoral district.
Signing, numbering and recording transfer certificate
168.3The election officer who issues a transfer certificate shall
(a)fill in and sign the certificate and mention on it the date of its issue;
(b)consecutively number the certificate in the order of its issue;
(c)keep a record of the certificate in the order of its issue on the prescribed form;
(d)not issue the certificate in blank; and
(e)if possible, send a copy of the certificate to an election officer who is assigned to the advance polling station on whose list of electors appears the name of the person to whom the certificate has been issued.
117(1)Subsection 169(1) of the Act is replaced by the following:
Registration at advance polling station
169(1)Every elector whose name is not on the revised list of electors may register in person, at the advance polling station where the elector is entitled to vote, before an election officer who is assigned to that advance polling station.
2007, c. 21, s. 30(1); 2014, c. 12, s. 54(1)‍(F) and (1.‍1)
(2)The portion of subsection 169(2) of the French version of the Act before paragraph (b) is replaced by the following:
Conditions
(2)Il ne peut toutefois être inscrit que s’il établit son identité et sa résidence :
a)soit en présentant la pièce visée à l’alinéa 143(2)a) sur laquelle figure une adresse qui établit sa résidence ou les pièces visées à l’alinéa 143(2)b) dont au moins une porte une telle adresse;
2014, c. 12, s. 54(1.‍1)
(3)Paragraph 169(2)‍(b) of the Act is replaced by the following:
(b)proves his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing and is accompanied by another elector whose name appears on the list of electors for the same polling station and who
(i)provides the piece or pieces of identification referred to in paragraph 143(2)‍(a) or (b), respectively, the piece or one of those pieces containing either an address that proves that other elector’s residence or an address that is consistent with information related to that other elector that appears on the list of electors, and
(ii)vouches for the elector by making the solemn declaration referred to in subsection 549.1(2) in writing.
(3.1)Section 169 of the Act is amended by adding the following after subsection (2):
Vouching for electors in long-term care institution
(2.01)If an elector who resides in an institution for sen­iors or persons with a disability wishes to prove his or her identity and residence under subsection (2), the other elector referred to in paragraph (2)‍(b) who accompanies him or her may be an employee of the institution who res­ides — despite that paragraph — in any polling division in the elector’s electoral district or an adjacent electoral district.
Definition of employee
(2.02)In subsection (2.01), employee includes an owner of the institution and any person who occupies a management position at the institution.
2014, c. 12, s. 54(2)
(4)Subsections 169(3) and (4) of the Act are replaced by the following:
Registration certificate
(3)If the elector satisfies the requirements of subsection (2), an election officer who is assigned to the advance polling station shall complete a registration certificate in the prescribed form authorizing the elector to vote and the elector shall sign it. The registration certificate shall include a solemn declaration made by the elector that he or she is qualified as an elector under section 3.
Entry
(4)An election officer who is assigned to the advance polling station shall indicate on the prescribed form the names of the electors who are permitted to vote under this section.
2014, c. 12, s. 54(4)
(5)Subsections 169(5) and (6) of the Act are repealed.
2014, c. 12, s. 55
118Section 169.1 of the Act is replaced by the following:
Requirement before making solemn declaration — elector
169.1(1)If a person decides to prove his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the qualifications for electors and the penalty that may be imposed under this Act on a person who contravenes subsection 169(4.1) or 549(3).
Requirement before making solemn declaration — vouching for elector
(2)If a person decides to vouch for an elector by making the solemn declaration referred to in subsection 549.1(2) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the penalty that may be imposed under this Act on a person who contravenes any of subsections 282.1(1) to (3) or 549(3).
2014, c. 12, s. 56
119Subsection 171(2) of the Act is replaced by the following:
When advance polling stations to be open
(2)An advance polling station shall be open from 9:00 a.‍m. to 9:00 p.‍m. on Friday, Saturday, Sunday and Monday, the 10th, 9th, 8th and 7th days, respectively, before polling day, and shall not be open at any other time.
120(1)Subparagraphs 172(a)‍(iii) and (iv) of the Act are replaced by the following:
(iii)the place where, for each advance polling station, an election officer who is assigned to the 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 begin on polling day as soon after the close of the polling stations as possible or, with the Chief Electoral Officer’s prior approval, one hour before the close of the polling stations; and
(2)Section 172 of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):
(c)make available to each candidate in the electoral district a map of the electoral district indicating the boundaries of each advance polling district and the location of each advance polling station.
(3)Section 172 of the Act is renumbered as subsection 172(1) and is amended by adding the following:
Maps made available to registered parties
(2)The Chief Electoral Officer shall, not later than Saturday, the 16th day before polling day, make available to each registered party maps of each electoral district — in electronic form or in formats that include electronic form — indicating the boundaries of each advance polling district within the electoral district and the location of each advance polling station.
2007, c. 21, s. 32
121Subsections 173(2) and (3) of the Act are replaced by the following:
Elector not on the revised list
(2)An elector whose name is not on the revised list of electors may not vote at an advance polling station unless the elector has obtained a transfer certificate under section 168.1 or 168.2 or a registration certificate under subsection 169(3).
Procedure by election officer
(3)If an elector whose name does not appear on the revised list of electors has voted, an election officer who is assigned to the advance polling station shall indicate on the prescribed form that the elector has voted in accordance with subsection (2).
2014, c. 12, ss. 57 and 58
122Sections 174 and 175 of the Act are replaced by the following:
Duties of election officer
174(1)If an elector whose name is on the list of electors makes a request to vote at an advance polling station that is established for his or her polling division, an election officer who is assigned to the advance polling station shall permit the elector to vote unless the elector fails to prove his or her identity and residence in accordance with section 143 or to make a solemn declaration otherwise required by this Act.
Number of advance polling district
(1.1)An election officer who gives an elector a ballot at an advance polling station shall, before providing the ballot, place on the back of the ballot, in the space indicated in Form 3 of Schedule 1 for the polling division number, the number of the elector’s advance polling district.
Record of votes cast
(2)An election officer who is assigned to the advance polling station shall keep a record in duplicate at the advance polling station, in the prescribed form, of the names of all persons who vote at the advance polling station, in the order in which they vote, and shall mark on the record the notations that an election officer who is assigned to a polling station is required by this Act to make opposite an elector’s name at the polling station on polling day.
Opening of advance polling station
175(1)At the opening of an advance polling station at 9:00 a.‍m.‍, an election officer who is assigned to the advance polling station shall, in full view of the candidates or their representatives who are present,
(a)on the 1st day of advance polling,
(i)open the ballot box and ascertain that it is empty,
(ii)seal the ballot box with the seals provided by the Chief Electoral Officer, and
(iii)place the ballot box on a table in full view of all present and keep it there until the close of the advance polling station on that day; and
(b)on the 2nd, 3rd and 4th days of advance polling, place the ballot box on a table in full view of all present and keep it there until the close of the advance polling station on that day.
Close of advance polling station
(2)At the close of an advance polling station at 9:00 p.‍m. on each of the four days of advance polling, an election officer who is assigned to the advance polling station shall, in full view of the candidates or their representatives who are present, and in accordance with instructions that the Chief Electoral Officer considers necessary to ensure the integrity of the vote, take the measures set out in those instructions.
Other ballot boxes
(3)If an election officer who is assigned to the advance polling station determines, in accordance with the Chief Electoral Officer’s instructions, that another ballot box is needed at the advance polling station, then an election officer who is assigned to the advance polling station shall, in full view of the candidates or their representatives who are present and in accordance with those instructions,
(a)take the steps set out in subparagraphs (1)‍(a)‍(i) to (iii) with regard to that other ballot box; and
(b)take the steps set out in paragraph (1)‍(b) and in subsection (2) with regard to the ballot boxes in the circumstances set out in those instructions.
Candidates may check seals
(4)The candidates or their representatives may take note of the serial numbers of the seals on the following ballot boxes at the times indicated:
(a)for any ballot box that was used on a day of advance polling, note may be taken when an advance polling station closes on each of the four days of advance polling;
(b)for a ballot box that is placed on the table in accordance with subsection (1) or (3), note may be taken when it is placed there; and
(c)for each of the ballot boxes that were used for advance polling, note may be taken when the votes are counted on polling day.
Custody of ballot boxes
(5)Until the counting of the ballots on polling day, an election officer shall keep the sealed ballot box or boxes in his or her custody in accordance with the Chief Electoral Officer’s instructions.
Recovery of ballot box
(6)Despite subsection (5), the returning officer may recover any ballot box that another election officer is required under that subsection to have in his or her custody if the returning officer considers that such action is necessary to ensure the integrity of the vote. The returning officer shall inform the Chief Electoral Officer of the matter as soon as possible.
Recovery of ballot box — dwelling place or vehicle
(7)If a ballot box to be recovered is in a dwelling place or a vehicle, the returning officer may enter the dwelling place or vehicle without the occupant’s or owner’s consent only if the returning officer is accompanying a peace officer who enters the dwelling place or vehicle under the authority of a warrant issued under subsection (8).
Authority to issue warrant
(8)On ex parte application by the returning officer, a justice of the peace may issue a warrant authorizing a peace officer to enter a dwelling place or a vehicle, accompanied by the returning officer, if the justice is satisfied by information on oath that
(a)a ballot box is in the dwelling place or vehicle;
(b)entry to the dwelling place or vehicle is necessary to recover the ballot-box; and
(c)entry was refused by the occupant or owner or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant or owner.
Telewarrant
(9)If a returning officer believes that it would not be practical to appear personally to make an application for a warrant under subsection (8), a warrant may be issued by telephone or other means of telecommunication on application submitted by telephone or other means of telecommunication, and section 487.1 of the Criminal Code applies for that purpose with any necessary modifications.
123Subsection 176(3) of the Act is replaced by the following:
When lists already distributed
(3)If an official list of electors is sent to a polling station containing the names of electors that appear in the record of votes cast at an advance polling station as having already voted, the returning officer shall instruct an election officer who is assigned to the polling station to cross their names off the list, and the election officer shall do so without delay.
124(1)The portion of section 177 of the Act before the definition administrative centre is replaced by the following:
Definitions
177The definitions in this section apply in this Part, and Parts 11.1 and 19.
(2)The definitions administrative centre, Canadian Forces elector, deputy returning officer, statement of ordinary residence and voting territory in section 177 of the Act are repealed.
(3)The definitions application for registration and special ballot, inner envelope, liaison officer and outer envelope in section 177 of the Act are replaced by the following:
application for registration and special ballot means an application completed by an elector in order to vote under this Part.‍ (demande d’inscription et de bulletin de vote spécial)
inner envelope means an envelope, including one that is supplied by the Chief Electoral Officer, in which a ballot or special ballot is to be enclosed after it has been marked.‍ (enveloppe intérieure)
liaison officer means an elector designated as a liaison officer under subsection 199.2(1) or a person appointed as a liaison officer under subsection 248(1).‍ (agent de liaison)
outer envelope means an envelope, including one that is supplied by the Chief Electoral Officer, in which a ballot or special ballot is to be transmitted after it has been marked and enclosed in an inner envelope.‍ (enveloppe extérieure)
(4)The definition special ballot in section 177 of the English version of the Act is replaced by the following:
special ballot means a ballot, other than a ballot referred to in section 241, that is provided to an elector who is entitled to vote under this Part.‍ (bulletin de vote spécial)
(5)Section 177 of the Act is amended by adding the following in alphabetical order:
unit election officer means an elector designated as a unit election officer under paragraph 205(1)‍(b).‍ (fonctionnaire électoral d’unité)
125Section 180 of the Act is repealed.
126(1)Paragraph 182(b) of the Act is replaced by the following:
(b)retain the solemn declaration of each special ballot officer that is made under subsection 23(1);
(2)Paragraph 182(d) of the Act is replaced by the following:
(d)obtain from the liaison officers the lists of the names of unit election officers that the commanding officers are required to provide;
127The Act is amended by adding the following after section 186:
Distribution of election materials
186.1Without delay after the writs are issued, the special voting rules administrator shall distribute to commanding officers and, as the special voting rules administrator considers appropriate, to any other person or to any place the election materials necessary to carry out the purposes and provisions of this Part, including materials for the purpose of determining in which electoral district an elector is entitled to vote.
128Sections 188 and 189 of the Act are replaced by the following:
Delivery of list of candidates
188Without delay after a list of candidates is established, the special voting rules administrator shall provide the list to the coordinating officer, to every liaison officer and commanding officer and, as the special voting rules administrator considers appropriate, to any other person.
129The heading “Definitions” before section 190 of the Act is replaced by the following:
Interpretation
130(1)The definition elector in section 190 of the Act is replaced by the following:
elector means a person referred to in section 191.‍ (électeur)
(2)Section 190 of the Act is amended by adding the following in alphabetical order:
alternative address means the address of the office of the returning officer for the electoral district of the elector’s place of ordinary residence.‍ (adresse de substitution)
service number means a unique identifier assigned by the Canadian Forces under the National Defence Act to each member of the Canadian Forces.‍ (numéro matricule)
131The Act is amended by adding the following after section 190:
Election officers
190.1For the purpose of section 9, subsections 23(1) and (2) and section 23.1, the coordinating officer, liaison officers designated under subsection 199.2(1), commanding officers and unit election officers are deemed to be election officers and paragraph 43(c), subsection 484(1) and paragraph 484(3)‍(f) also apply to them if they are relieved of duty.
132The heading before section 191 of the Act is replaced by the following:
Voting Entitlement
133(1)The portion of section 191 of the Act before paragraph (a) is replaced by the following:
Qualification and right to vote
191Any of the following persons is entitled to vote under this Division if he or she is qualified as an elector under section 3:
(2)Paragraph 191(b) of the Act is replaced by the following:
(b)a member of the reserve force of the Canadian Forces; and
(3)Section 191 of the Act is amended by striking out “and” at the end of paragraph (c) and by repealing paragraph (d).
2000, c. 12, par. 40(2)‍(f)
134Sections 192 to 198 of the Act are replaced by the following:
Registration
Right to register
192(1)When a person becomes entitled to vote under this Division, the person’s commanding officer shall inform him or her of the right to ask the Chief Electoral Officer to include him or her in the Register of Electors or, if already included in it, to ask for his or her registration to be updated.
Right to register — future elector
(2)When a future elector is enrolled in the Canadian Forces, or when a member of the Canadian Forces becomes qualified as a future elector, the future elector’s commanding officer shall inform him or her of the right to ask the Chief Electoral Officer to include him or her in the Register of Future Electors or, if already included in it, to ask for his or her registration to be updated.
Service number
(3)An elector, or a future elector who is a member of the Canadian Forces, who asks the Chief Electoral Officer to include him or her in the Register of Electors or Register of Future Electors, or asks for his or her registration to be updated, must provide his or her service number to the Chief Electoral Officer.
135Subsection 199(2) of the Act is replaced by the following:
Duty
(2)The coordinating officer shall, on request, provide to the Chief Electoral Officer the following information relating to each elector or future elector:
(a)his or her surname, given names, gender, rank and service number;
(b)his or her date of birth;
(c)the civic address and mailing address of his or her place of ordinary residence; and
(d)his or her current mailing address.
Updating Register of Electors
(3)The Chief Electoral Officer may use the information provided under subsection (2) to update the Register of Electors or Register of Future Electors.
Retention of certain information
(4)The Chief Electoral Officer may retain the information provided under subsection (2), but not included in the Register of Electors or Register of Future Electors, for the purpose of correlating information subsequently collected with information already contained in the relevant register.
Information provided to coordinating officer
(5)The Chief Electoral Officer may provide the coordinating officer with the information referred to in paragraphs (2)‍(a) to (d) relating to each elector or future elector who has provided a service number under this Part.
136The Act is amended by adding the following after section 199:
Cooperation
199.1The coordinating officer shall cooperate with the special voting rules administrator to facilitate the voting, under Divisions 3 and 4 of this Part, of
(a)a person employed by or in support of the Canadian Forces outside Canada;
(b)a person who accompanies a unit or other element of the Canadian Forces that is on service or active service outside Canada, within the meaning of subsection 61(1) of the National Defence Act; or
(c)a person who resides outside Canada with a member of the Canadian Forces or with a person referred to in paragraph (a) or (b).
Liaison Officers
Designation
199.2(1)The Minister of National Defence shall designate one or more electors as liaison officers to work, during and between election periods, with the Chief Electoral Officer and the coordinating officer in carrying out the purposes and provisions of this Division.
Duty of coordinating officer
(2)The coordinating officer shall provide the Chief Electoral Officer with the name and address of each liaison officer as each one is designated.
137Sections 200 to 203 of the Act are replaced by the following:
Duty of Chief Electoral Officer
200Without delay after the issue of the writs, the Chief Electoral Officer shall inform the Minister of National Defence and the coordinating officer of their issue.
Duty of coordinating officer
202On being informed of the issue of the writs, the coordinating officer shall inform each liaison officer and commanding officer of their issue.
Duty of liaison officers — information
203On being informed of the issue of the writs, a liaison officer shall give each commanding officer in respect of whose unit the liaison officer has liaison duties all necessary information for carrying out the purposes and provisions of this Division.
138(1)Paragraph 204(2)‍(b) of the Act is replaced by the following:
(b)the commanding officer will designate one or more unit election officers to collect their votes and fix the voting times during the voting period.
(2)Subsection 204(3) of the Act is replaced by the following:
Contents of list
(3)The list shall be arranged alphabetically and shall indicate each elector’s surname, given names and service number, the address of his or her place of ordinary residence and his or her electoral district.
139The Act is amended by adding the following after section 204:
Alternative address — commanding officer
204.1(1)For the purpose of maintaining operational security, a commanding officer may indicate on the list of electors, with respect to some or all of the electors in the commanding officer’s unit, their alternative address rather than the address that would otherwise be indicated under subsection 204(3).
Alternative address — elector
(2)For the purpose of maintaining operational security or out of a reasonable apprehension of bodily harm if the address of his or her place of ordinary residence were to appear on the list of electors, an elector may ask his or her commanding officer not to indicate that address on the list of electors. The commanding officer, unless he or she considers that it would not be in the public interest to do so, shall grant the request and indicate the elector’s alternative address on the list.
Special voting rules administrator informed
(3)The commanding officer shall inform the special voting rules administrator, through a liaison officer, that an alternative address has been indicated under this section.
Clarification
(4)For greater certainty, the indication of an alternative address on the list of electors under this section does not change the elector’s place of ordinary residence for the purposes of this Act.
140(1)The portion of subsection 205(1) of the Act before paragraph (a) is replaced by the following:
Duties of commanding officer
205(1)After being informed of the issue of the writs, but no later than the 28th day before polling day, each commanding officer shall
(2)Paragraphs 205(1)‍(b) to (d) of the Act are replaced by the following:
(b)designate a sufficient number of electors as unit election officers to allow for voting to take place at each polling station;
(c)through a liaison officer, provide the special voting rules administrator with a list of the unit election officers and their ranks, and the list of electors for the unit; and
(d)provide the unit election officers with the list of electors for the unit.
141Section 207 of the Act is replaced by the following:
Joint polling stations
207The commanding officers of units may establish a joint polling station for electors in their units, if the commanding officers consider that it would be useful to do so for carrying out the purposes and provisions of this Division.
142Paragraphs 209(a) and (b) of the Act are replaced by the following:
(a)distribute the materials to the unit election officers; and
(b)display the list in one or more conspicuous places or make it otherwise accessible to electors in their unit.
143Sections 210 to 212 of the Act are replaced by the following:
Duties of unit election officer
210During the voting period, a unit election officer shall
(a)display the voting instructions provided by the Chief Electoral Officer in relation to the vote under this Division in conspicuous places at each polling station or make them otherwise accessible to electors; and
(b)keep available for consultation by the electors the text of this Part, the election materials necessary for determining in which electoral district an elector is entitled to vote and the list of candidates.
Representative of registered party
211A Canadian citizen may represent a registered party at a polling station if he or she provides the unit election officer with a copy of an authorization in the prescribed form signed by a candidate for the party.
Elector to give name, etc.
211.1(1)Each elector, on arriving at the polling station, shall give his or her name and service number and the address of his or her place of ordinary residence to the unit election officer and, on request, to a representative of a registered party.
Alternative address
(2)For the purpose of subsection (1), if an alternative address is indicated on the list of electors under section 204.1 in respect of the elector, the elector may provide that alternative address.
Proof of identity
(3)If the unit election officer determines that the elector’s name, service number and address appear on the list of electors, then the elector shall provide the officer with the following proof of the elector’s identity:
(a)one piece of identification issued by the Canadian Forces that contains a photograph of the elector and his or her name and service number; or
(b)two pieces of identification of a type authorized under section 211.3 each of which establishes the elector’s name and at least one of which establishes his or her service number.
Examination of identification documents
(4)A representative of a registered party may examine, but not handle, any piece of identification presented under this section.
Name crossed off the list
(5)If the unit election officer is satisfied that an elector’s identity has been proven in accordance with this section, the elector’s name shall be crossed off the list of electors.
Application for registration and special ballot
211.2(1)An elector whose name does not appear on the list of electors or whose address on the list does not correspond with the elector’s place of ordinary residence may complete an application for registration and special ballot and provide the unit election officer with the following proof of the elector’s identity:
(a)one piece of identification issued by the Canadian Forces that contains a photograph of the elector and his or her name and service number; or
(b)two pieces of identification of a type authorized under section 211.3 each of which establishes the elector’s name and at least one of which establishes his or her service number.
Content of application
(2)An application for registration and special ballot shall be in the prescribed form and shall include the following information relating to each elector:
(a)his or her surname and given names;
(b)his or her date of birth;
(c)his or her service number;
(d)the civic address and mailing address of his or her place of ordinary residence;
(e)his or her current mailing address; and
(f)any other information that the Chief Electoral Officer considers necessary to determine the electoral district in which he or she is entitled to vote.
Alternative addresses
(3)For the purpose of maintaining operational security or out of a reasonable apprehension of bodily harm if he or she were to indicate the addresses referred to in paragraph 2(d), the elector may apply to the elector’s commanding officer to use another address for that purpose. The commanding officer, unless he or she considers that it would not be in the public interest to do so, shall grant the application and provide the elector with the alternative address that is to be used on the application for registration and special ballot.
Optional information
(4)In addition to the information specified in subsection (2), the Chief Electoral Officer may request that the elector provide other information that the Chief Electoral Officer considers necessary for implementing agreements made under section 55, but the elector is not required to provide that information.
Examination of identification documents
(5)A representative of a registered party may examine, but not handle, any piece of identification presented under this section.
Acceptance of the application
(6)If the unit election officer is satisfied that an elector’s identity has been proven in accordance with this section, the unit election officer shall accept the application for registration and special ballot.
Application of subsections 204.‍1(3) and (4)
(7)If an alternative address is used in accordance with subsection (3), subsections 204.1(3) and (4) apply with any necessary modifications.
Authorized types of identification
211.3The Chief Electoral Officer may authorize types of identification, in consultation with the coordinating officer, for the purposes of paragraphs 211.1(3)‍(b) and 211.2(1)‍(b). For greater certainty, any document may be authorized, regardless of who issued it.
Declaration of elector
212The unit election officer shall require the elector whose name has been crossed off the list of electors or whose application for registration and special ballot has been accepted to sign the declaration prescribed by the Chief Electoral Officer.
144(1)Subsection 213(1) of the Act is replaced by the following:
Provision of special ballot, etc.
213(1)A unit election officer shall, once the elector has signed the declaration referred to in section 212, give the elector a special ballot, an inner envelope, the declaration — if it is not on the outer envelope — and the outer envelope.
Limitation
(1.1)An elector who has received a special ballot under subsection (1) may vote only under this Division.
(2)The portion of subsection 213(2) of the Act before paragraph (a) is replaced by the following:
Voting on special ballot
(2)The elector shall use the special ballot to vote by writing on it, in private, the name of the candidate of his or her choice, folding it and, in the presence of the unit election officer,
(3)Paragraph 213(2)‍(b) of the Act is replaced by the following:
(b)placing the inner envelope and the declaration — if it is not on the outer envelope — in the outer envelope and sealing the outer envelope.
(4)Subsection 213(4) of the Act is replaced by the following:
Spoiled special ballot
(4)If the special ballot is incapable of being used, the elector shall return it to the unit election officer, who shall mark it as a spoiled ballot and give the elector another special ballot.
145(1)Subsection 214(1) of the Act is replaced by the following:
Information to be provided to elector
214(1)The unit election officer shall inform an elector that, in order for the special ballot to be counted, the outer envelope must be received by the special voting rules administrator in the National Capital Region no later than 6:00 p.‍m. on polling day. The unit election officer shall inform the elector of the service provided by the Canadian Forces to deliver the outer envelope.
(2)Subsection 214(3) of the Act is repealed.
146Section 215 of the Act is replaced by the following:
Voting by unit election officer
215A unit election officer who is qualified to vote may vote in accordance with this Division.
147(1)The portion of subsection 216(1) of the Act before paragraph (b) is replaced by the following:
Assistance by unit election officer
216(1)If an elector is unable to read or because of a disability is unable to vote in the manner described in this Division, the unit election officer shall assist him or her by
(a)completing the declaration referred to in section 212 and writing the elector’s name where the elector’s signature is to be written; and
(2)Paragraph 216(1)‍(b) of the English version of the Act is replaced by the following:
(b)marking the special ballot as directed by the elector in the elector’s presence and in the presence of another elector selected by the elector as a witness.
(3)The portion of subsection 216(2) of the Act before paragraph (b) is replaced by the following:
Note and keeping vote secret
(2)The unit election officer and an elector acting as a witness shall
(a)sign a note on the declaration indicating that the elector was assisted; and
148Subsections 217(2) and (3) of the Act are replaced by the following:
Unit election officer for hospitalized electors
(2)If no unit election officer has been designated for a service hospital or convalescent institution, the unit election officer for the unit to which the hospital or institution belongs is the unit election officer for electors who are patients in the hospital or institution.
Bed-ridden electors
(3)A unit election officer for electors who are patients in a service hospital or convalescent institution may, if that officer considers it advisable and the officer in charge of the hospital or institution approves, go from room to room to administer and collect the votes of electors who are confined to bed.
149Sections 218 and 219 of the Act are replaced by the following:
Duty, leave or furlough
218An elector who provides satisfactory evidence of his or her absence from his or her unit during the voting times fixed for the polling stations in that unit because of duty, leave or furlough may apply to a unit election officer of another unit, in accordance with section 211.2, to vote at that officer’s polling station.
Delivery of documents to the commanding officer
219(1)The unit election officer shall deliver to the unit’s commanding officer,
(a)at the end of each voting day, if feasible, and no later than the end of the voting period, the outer envelopes containing the marked special ballots, the applications for registration and special ballot that were accepted by the unit election officer and the service number of each elector who received a special ballot; and
(b)at the end of the voting period, any spoiled outer envelopes, any spoiled special ballots and any other election documents and election materials in the unit election officer’s possession.
Delivery of outer envelopes, etc.
(1.1)On receipt of the outer envelopes and applications for registration and special ballot referred to in paragraph (1)‍(a), the commanding officer shall deliver them to the special voting rules administrator.
Provision of information
(1.2)On receipt of the service numbers referred to in paragraph (1)‍(a), the commanding officer shall inform the special voting rules administrator, through the liaison officer, of the identity of the electors who received a special ballot.
Delivery of election documents and election materials
(2)On receipt of the election documents and election materials referred to in paragraph (1)‍(b), the commanding officer shall deliver them to the special voting rules administrator with all other election documents and election materials in the commanding officer’s possession.
Informing the returning officer
219.1(1)On being informed under subsection 219(1.2) that an elector has received a special ballot, the special voting rules administrator shall inform the returning officer for the electoral district of the elector’s place of ordinary residence of this.
Name on list of electors
(2)When the returning officer is informed under subsection (1) that an elector has received a special ballot, he or she shall
(a)if the elector’s name is not already included on a list of electors, enter the elector’s name on the list of electors for the appropriate polling division in that electoral district; and
(b)indicate on the list of electors that the elector has received a special ballot.
150The heading of Division 3 of Part 11 of the Act is replaced by the following:
Electors Resident Outside Canada
151The definitions elector and register in section 220 of the Act are replaced by the following:
elector means an elector who resides outside Canada.‍ (électeur)
register means the register referred to in section 222.‍ (registre)
2003, c. 22, s. 103
152Sections 221 and 222 of the Act are replaced by the following:
Inclusion in register of electors resident outside Canada
221An elector may vote under this Division if
(a)his or her application for registration and special ballot is received by the special voting rules administrator in the National Capital Region no later than 6:00 p.‍m. on the 6th day before polling day; and
(b)his or her name is entered on the register.
Register of electors
222The Chief Electoral Officer shall maintain a register of electors in which is entered the surname, given names, gender, date of birth, civic address, mailing address and electoral district of each elector who has filed an application for registration and special ballot in order to vote under this Division and who, at any time before making the application, resided in Canada.
153(1)Paragraph 223(1)‍(b) of the Act is repealed.
2000, c. 12, par. 40(2)‍(g)
(2)Paragraphs 223(1)‍(d) to (f) of the Act are replaced by the following:
(e)the address of the elector’s place of ordinary residence;
154Section 226 of the Act is amended by adding “or” at the end of paragraph (d), by striking out “or” at the end of paragraph (e) and by repealing paragraph (f).
155(1)Subsection 227(1) of the Act is replaced by the following:
Special ballot
227(1)After approving an application for registration and special ballot and after the issue of the writs, the Chief Electoral Officer shall provide a special ballot to every elector whose name is entered in the register.
(2)Paragraph 227(2)‍(b) of the English version of the Act is replaced by the following:
(b)placing the ballot in an inner envelope and sealing it;
(3)Paragraphs 227(2)‍(c) and (d) of the Act are replaced by the following:
(c)signing the declaration prescribed by the Chief Electoral Officer; and
(d)placing the inner envelope and the declaration — if it is not on the outer envelope — in the outer envelope and sealing it.
156Section 229 of the Act is replaced by the following:
Deadline for return of vote
229The special ballot must be received by the special voting rules administrator in the National Capital Region no later than 6:00 p.‍m. on polling day in order to be counted.
157Sections 231 and 232 of the Act are replaced by the following:
Definition of elector
231For the purpose of this Division, elector means an elector, other than an incarcerated elector, who resides in Canada and who wishes to vote in accordance with this Division.
Conditions for voting by special ballot
232(1)An elector may vote under this Division if his or her application for registration and special ballot is received by a returning officer in an electoral district or by the special voting rules administrator after the issue of the writs but before 6:00 p.‍m. on the 6th day before polling day.
Conditions for voting by special ballot — specified later day
(2)If, for the purpose of this subsection, the Chief Electoral Officer specifies on his or her Internet site a day that is after the 6th day before polling day but before polling day, an elector may vote under this Division if his or her application for registration and special ballot is received by the returning officer in the elector’s electoral district or by the special voting rules administrator after the issue of the writs but before 6:00 p.‍m. on the specified day.
Restriction
(3)The Chief Electoral Officer may specify a day for the purpose of subsection (2) only if he or she considers that the integrity of the vote will not be affected if applications for registration and special ballots are received after 6:00 p.‍m. on the 6th day before polling day.
158(1)Paragraph 233(1)‍(a) of the English version of the Act is replaced by the following:
(a)the elector’s name and the address of his or her place of ordinary residence;
(2)Subsection 233(1.1) of the Act is replaced by the following:
Electors in danger
(1.1)An elector who would be under reasonable apprehension of bodily harm if he or she were to indicate the address of his or her place of ordinary residence or his or her mailing address for the purpose of paragraph (1)‍(a) or (d) may apply to the returning officer or special voting rules administrator to use another address for that purpose. The returning officer or special voting rules administrator, unless he or she considers that it would not be in the public interest to do so, shall grant the application and shall not reveal the addresses in respect of which the application is made except as required to send the special ballot to the elector. For greater certainty, the granting of the application does not change the elector’s place of ordinary residence for the purposes of this Act.
2014, c. 12, s. 59
(3)Subsection 233(3) of the Act is repealed.
159Section 234 of the Act is repealed.
2014, c. 12, s. 60
160Sections 236 and 237 of the Act are replaced by the following:
List of electors
236Once an elector’s application for registration and special ballot has been accepted by the returning officer or special voting rules administrator, he or she shall ensure, in accordance with the Chief Election Officer’s instructions,
(a)that the elector’s name is entered on the list of electors for the polling division of the elector’s place of ordinary residence, if it is not already included on a list of electors; and
(b)that there is an indication on the list of electors that the elector has received a special ballot.
Provision of ballot
237(1)Subject to subsection (2) and section 237.1, on acceptance of an elector’s application for registration and special ballot, the elector shall be provided with a special ballot.
Provision of ballot and envelopes
(2)If section 241 applies, then, on acceptance of an elector’s application for registration and special ballot, the elector shall be given a ballot, an inner envelope and an outer envelope.
2014, c. 12, s. 60
161(1)Subsections 237.1(3.1) and (3.2) of the Act are repealed.
2014, c. 12, s. 60
(2)Paragraph 237.1(4)‍(b) of the Act is replaced by the following:
(b)sections 143 to 144;
(3)Subsection 237.1(4) of the Act is amended by striking out “and” at the end of paragraph (d) and by adding the following after paragraph (d):
(d.‍1)subsections 281.6(1) to (4);
(d.‍2)section 282.2; and
162Sections 238 and 239 of the Act are replaced by the following:
Voting by special ballot
238An elector who has been provided with a special ballot may vote only by following the procedure set out in subsections 227(2) and (3).
Receipt of special ballot — application made outside electoral district
239(1)In order to have their special ballot counted, an elector whose application for registration and special ballot was accepted by the special voting rules administrator or by a returning officer outside the elector’s electoral district shall ensure that the special ballot is received by the special voting rules administrator in the National Capital Region no later than 6:00 p.‍m. on polling day. The special ballot shall be transmitted by
(a)sending the sealed outer envelope to the special voting rules administrator by mail or any other means; or
(b)delivering it to a Canadian Embassy, High Commission or Consular Office, to a Canadian Forces base outside Canada or to any other place that the Chief Electoral Officer designates.
Receipt of special ballot — application made in electoral district
(2)In order to have their special ballot counted, an elector whose application for registration and special ballot was accepted by the returning officer in the elector’s electoral district shall ensure that the ballot is received at the office of that returning officer before the close of the polling stations on polling day.
Vote counted
(3)Despite subsection (2), a special ballot referred to in that subsection that is received by the special voting rules administrator in the National Capital Region no later than 6:00 p.‍m. on polling day shall be counted.
162.1The Act is amended by adding the following after section 241:
No marking
241.1If, under section 241, an elector is given a ballot that is not a special ballot, no marking shall be placed on the back of the ballot in the space otherwise indicated in Form 3 of Schedule 1 for a polling division number.
163(1)Subsection 242(1) of the Act is replaced by the following:
Spoiled ballot
242(1)If the ballot or special ballot is incapable of being used, the elector shall return it to the election officer, who shall mark it as a spoiled ballot and give the elector another ballot or special ballot.
(2)Subsection 242(2) of the English version of the Act is replaced by the following:
Limit
(2)An elector shall not be given more than one ballot or special ballot, as the case may be, under subsection (1).
164(1)The portion of subsection 243(1) of the Act before paragraph (b) is replaced by the following:
Assistance
243(1)When an elector personally goes to the office of the returning officer and is unable to read or because of a disability is unable to vote in the manner described in this Division, the designated election officer shall assist the elector by
(a)completing the declaration referred to in paragraph 227(2)‍(c) and writing the elector’s name where the elector’s signature is to be written; and
(2)Paragraph 243(1)‍(b) of the English version of the Act is replaced by the following:
(b)marking the ballot as directed by the elector in the elector’s presence.
(3)Subsection 243(2) of the Act is replaced by the following:
Note on declaration
(2)An election officer who assists an elector under subsection (1) shall indicate, by signing the note on the declaration, that the elector was assisted.
165The Act is amended by adding the following after section 243:
Assistance by friend or related person
243.01(1)If an elector requires assistance to vote, one of the following persons may accompany the elector into the voting compartment at the office of the returning officer and assist the elector to mark his or her ballot:
(a)a friend of the elector;
(b)the elector’s spouse or common-law partner; or
(c)a relative of the elector or of the elector’s spouse or common-law partner.
Solemn declaration
(2)A person described in subsection (1) who wishes to assist an elector in marking a ballot shall first make a solemn declaration in the prescribed form that he or she
(a)will mark the ballot paper in the manner directed by the elector;
(b)will not disclose the name of the candidate for whom the elector voted;
(c)will not try to influence the elector in choosing a candidate; and
(d)has not, during the current election, assisted another person, as a friend, to mark a ballot.
166(1)The portion of subsection 243.1(1) of the Act before paragraph (b) is replaced by the following:
Voting at home
243.1(1)On application of an elector who is unable to read — or who is unable to vote in the manner described in this Division because of a disability — and who is unable to personally go to the office of the returning officer because of a disability, an election officer shall go to the elector’s dwelling place and, in the presence of a witness who is chosen by the elector, assist the elector by
(a)completing the declaration referred to in paragraph 227(2)‍(c) and writing the elector’s name where the elector’s signature is to be written; and
(2)Subsection 243.1(2) of the Act is replaced by the following:
Note on declaration
(2)The election officer and the witness who assist an elector under subsection (1) shall indicate, by signing the note on the declaration, that the elector was assisted.
167The Act is amended by adding the following after section 244:
Non-application
244.1This Division does not apply to an elector who is incarcerated in a place designated under subsection 205(1) of the National Defence Act.
168Subsection 245(1) of the Act is replaced by the following:
Entitlement to vote
245(1)Every elector is entitled to vote under this Division on the 12th day before polling day.
169Section 246 of the Act is replaced by the following:
Designation of coordinating officers
246The federal and provincial ministers responsible for correctional institutions shall each designate a person as a coordinating officer to work, during and between elections, with the Chief Electoral Officer to carry out the purposes and provisions of this Division.
170(1)Subsection 247(1) of the Act is replaced by the following:
Notification of issue of the writs
247(1)Without delay after the issue of the writs, the Chief Electoral Officer shall inform the federal and provincial ministers responsible for correctional institutions of their issue.
(2)The portion of subsection 247(2) of the Act before paragraph (b) is replaced by the following:
Obligations of ministers
(2)On being informed of the issue of the writs, each minister referred to in subsection (1) shall
(a)inform their respective designated coordinating officer of their issue;
(3)Paragraph 247(2)‍(c) of the Act is replaced by the following:
(c)inform the Chief Electoral Officer and their respective designated coordinating officer of the name and address of each liaison officer.
171Subsection 248(2) of the Act is replaced by the following:
Duty to cooperate
(2)During the election period, a liaison officer shall cooperate with the Chief Electoral Officer in the administration of the registration and the taking of the votes of electors, including by informing the Chief Electoral Officer of the identity of the electors who received a special ballot.
172Subsection 250(2) of the Act is replaced by the following:
Voting hours
(2)The polling stations shall be open on the 12th day before polling day from 9:00 a.‍m. and shall be kept open until every elector who is registered under subsection 251(1) has voted, but in no case shall they be kept open later than 8:00 p.‍m. on that day.
173Subsection 251(1) of the Act is replaced by the following:
Application for registration and special ballot
251(1)Before the 12th day before polling day, each liaison officer shall ensure that an application for registration and special ballot in the prescribed form is completed for every eligible elector of the correctional institution who wishes to vote, indicating his or her place of ordinary residence as determined under subsection (2).
174(1)Subsection 253(1) of the Act is replaced by the following:
Polling stations and election officers
253(1)Before the 18th day before polling day, each returning officer shall, for each correctional institution in his or her electoral district, in consultation with the liaison officer for the institution, establish one or more polling stations and assign at least two election officers to each polling station.
(2)Paragraph 253(2)‍(a) of the Act is replaced by the following:
(a)provide, as necessary, the materials to the election officers who are assigned under subsection (1) to a polling station for the correctional institution; and
175The portion of section 254 of the Act before paragraph (a) is replaced by the following:
Duties of election officer
254On the day on which the electors cast their ballots, at each polling station an election officer who is assigned to the polling station shall
176Section 256 of the Act is replaced by the following:
Representative of registered party
256With the prior authorization of correctional authorities, a Canadian citizen may represent a registered party during the taking of the votes at a correctional institution if he or she provides an election officer who is assigned to a polling station at the correctional institution with an authorization in the prescribed form signed by a candidate for that party, or a copy of one.
177(1)Subsection 257(1) of the Act is replaced by the following:
Declaration of elector
257(1)Before delivering a special ballot to an elector, an election officer who is assigned to a polling station at a correctional institution shall require the elector to complete an application for registration and special ballot, if the elector has not already done so, and to sign the declaration on the outer envelope.
(2)The portion of subsection 257(2) of the Act before paragraph (a) is replaced by the following:
Giving special ballot to elector
(2)After the elector has signed the declaration on the outer envelope, the election officer shall
178(1)The portion of subsection 258(1) of the Act before paragraph (a) is replaced by the following:
Voting by special ballot
258(1)The elector shall vote by writing on the special ballot the name of the candidate of his or her choice, folding it and, in the presence of the election officer,
(2)Subsection 258(3) of the Act is replaced by the following:
Spoiled special ballot
(3)If the special ballot is incapable of being used, the elector shall return it to the election officer, who shall mark it as a spoiled ballot and give the elector another special ballot.
179(1)The portion of subsection 259(1) of the Act before paragraph (a) is replaced by the following:
Assistance
259(1)If an elector is unable to read or because of a disability is unable to vote in the manner described in this Division, an election officer who is assigned to the polling station shall assist the elector by
(2)Paragraph 259(1)‍(b) of the Act is replaced by the following:
(b)marking the special ballot as directed by the elector in his or her presence and in the presence of another election officer who is assigned to the polling station.
(3)Subsection 259(2) of the Act is replaced by the following:
Note on outer envelope
(2)The election officers shall sign a note on the outer envelope indicating that the elector was assisted.
180The portion of section 260 of the Act before paragraph (a) is replaced by the following:
Delivery of documents after the vote
260Without delay after the votes have been cast at a correctional institution, an election officer who is assigned to the polling station shall deliver to the liaison officer for the institution
181Section 261 of the Act is replaced by the following:
Deadline for return of election material
261Every liaison officer shall ensure that the election material referred to in section 260 is received by the special voting rules administrator in the National Capital Region no later than 6:00 p.‍m. on polling day.
182(1)The portion of subsection 267(1) of the Act before paragraph (c) is replaced by the following:
Setting aside of inner envelope
267(1)The special ballot officers shall set aside an inner envelope unopened if
(a)the information concerning the elector, as set out in the declaration referred to in paragraph 227(2)‍(c) or subsection 257(1), does not correspond with the information on the application for registration and special ballot;
(b)a declaration referred to in paragraph (a) or in section 212 — other than one in respect of an elector who has voted with assistance under section 216, 243 or 259 — does not bear the elector’s signature;
(2)Paragraph 267(1)‍(c) of the English version of the Act is replaced by the following:
(c)the correct electoral district of the elector whose ballot is contained in the inner envelope cannot be ascertained;
(3)Paragraph 267(1)‍(d) of the Act is replaced by the following:
(d)the outer envelope has been received by the special voting rules administrator in the National Capital Region after 6:00 p.‍m. on polling day; or
(4)Subsection 267(2) of the Act is replaced by the following:
Procedure when elector votes more than once
(2)If, after receiving an elector’s outer envelope but before counting the inner envelopes, the special ballot officers ascertain that the elector has voted more than once, they shall set the elector’s inner envelope aside unopened.
(5)The portion of subsection 267(3) of the Act before paragraph (b) is replaced by the following:
Disposition of inner envelopes that are set aside
(3)When an inner envelope is set aside unopened as described in subsection (1) or (2),
(a)it shall be endorsed by the special voting rules administrator with the reason why it has been set aside;
(6)Paragraph 267(3)‍(c) of the Act is replaced by the following:
(c)in the case of an inner envelope set aside under subsection (1), the ballot contained in it is deemed to be a spoiled ballot.
(7)Subsection 267(4) of the Act is replaced by the following:
Envelopes and declarations kept together
(3.1)When an inner envelope is set aside unopened as described in this section, it shall be kept with the outer envelope and — if it did not appear on the outer envelope — the declaration.
Dispute
(3.2)If a dispute arises regarding the setting aside of inner envelopes, it shall be referred to the special voting rules administrator, whose decision is final.
Special report
(4)The special voting rules administrator shall prepare a report in respect of the number of inner envelopes that are set aside under this Division.
183Paragraphs 272(b) and (c) of the Act are replaced by the following:
(b)all other documents and election materials received from commanding officers and election officers;
(c)the solemn declarations made under subsection 23(1); and
184Sections 273 and 274 of the Act are replaced by the following:
Notification to candidates
273The returning officer shall, as soon as possible, notify the candidates of the names of the election officers who he or she assigns to verify the declarations referred to in paragraph 227(2)‍(c) and to count the special ballots issued to electors in his or her electoral district and received at his or her office.
Candidate present at counting
274A candidate or his or her representative may be present for the verification of the declarations referred to in paragraph 227(2)‍(c) and the counting of ballots received at the returning officer’s office.
185Subsection 275(1) of the Act is replaced by the following:
Ballots to be kept sealed
275(1)The returning officer shall ensure that the ballots received at his or her office are kept sealed until they are given to an election officer referred to in section 273.
186(1)Subsection 276(1) of the Act is replaced by the following:
Verification of declarations
276(1)The election officers referred to in section 273 shall verify the declarations made under paragraph 227(2)‍(c), at the time fixed by the Chief Electoral Officer and in accordance with his or her instructions, by determining from the information in the declaration whether the elector is entitled to vote in the electoral district.
(2)Subsection 276(3) of the Act is replaced by the following:
Provision of materials to election officer
(3)One of the election officers shall be provided with the applications for registration and special ballot received before the deadline, along with any other materials that may be required.
187(1)The portion of subsection 277(1) of the Act before paragraph (d) is replaced by the following:
Setting aside of inner envelope
277(1)An election officer referred to in section 273 shall set aside an elector’s inner envelope unopened if
(a)the information concerning the elector, as set out in the elector’s declaration made under paragraph 227(2)‍(c), does not correspond with the information on the application for registration and special ballot;
(b)the declaration — other than one in respect of an elector who has voted with assistance under section 243 or 243.1 — does not bear the elector’s signature;
(c)the elector has voted more than once; or
(2)Paragraph 277(1)‍(d) of the French version of the Act is replaced by the following:
d)l’enveloppe extérieure est reçue après le délai fixé.
(3)Subsections 277(2) and (3) of the Act are replaced by the following:
Registering objections
(2)When the declarations are verified, an election officer referred to in section 273 shall register any objection to an elector’s right to vote in the electoral district in the prescribed form.
Noting of reasons for setting aside
(3)When an elector’s inner envelope is set aside unopened as described in subsection (1), the election officer who set it aside shall note on it the reasons for the setting aside. The election officer and another election officer referred to in section 273 shall both initial the envelope.
Envelopes and declarations kept together
(4)When an elector’s inner envelope is set aside unopened as described in this section, it shall be kept with the outer envelope and — if it did not appear on the outer envelope — the declaration.
188Section 278 of the Act is replaced by the following:
Counting of inner envelopes
278(1)The election officers referred to in section 273 shall count all inner envelopes that have not been set aside.
Inner envelopes
(2)They shall put all the inner envelopes that have not been set aside in a ballot box provided by the returning officer.
Counting the votes
(3)After the close of the polling stations, one of the election officers shall open the ballot box and, together with another of the election officers, shall open the inner envelopes and count the votes.
189(1)The portion of subsection 279(1) of the Act before paragraph (a) is replaced by the following:
Rejection of ballots
279(1)An election officer shall, in counting the ballots, reject a ballot if
2001, c. 21, s. 15
(2)Subsections 279(2) and (3) of the Act are replaced by the following:
Elector’s intent
(2)An election officer shall not reject a special ballot for the sole reason that the elector has incorrectly written the name of a candidate, if the ballot clearly indicates the elector’s intent.
Political affiliation
(3)An election officer shall not reject a special ballot for the sole reason that the elector has written, in addition to the name of a candidate, the candidate’s political affiliation, if the ballot clearly indicates the elector’s intent.
190The headings before section 281 and sections 281 and 282 of the Act are replaced by the following:
PART 11.1
Prohibitions in Relation to Voting
Application
281The provisions of this Part apply inside and outside Canada.
Chief Electoral Officer
281.1The Chief Electoral Officer shall not vote at an election.
Inducing Chief Electoral Officer to vote
281.2No person shall induce or attempt to induce the Chief Electoral Officer to vote at an election knowing that it is the Chief Electoral Officer whom he or she is inducing or attempting to induce to vote and that the Chief Electoral Officer is prohibited from voting.
Not qualified as elector
281.3No person shall
(a)vote or attempt to vote at an election knowing that he or she
(i)is not a Canadian citizen when he or she votes, or
(ii)is not 18 years of age or older — or will not be 18 years of age or older — on polling day; or
(b)induce or attempt to induce another person to vote at an election knowing that the other person
(i)is not a Canadian citizen — or will not be a Canadian citizen — when he or she votes, or
(ii)is not 18 years of age or older — or will not be 18 years of age or older — on polling day.
Not ordinarily resident in electoral district
281.4No person shall
(a)vote or attempt to vote at an election in a particular electoral district knowing that his or her place of ordinary residence is not in that electoral district; or
(b)induce or attempt to induce another person to vote at an election in a particular electoral district knowing that the other person’s place of ordinary residence is not in that electoral district.
Voting more than once — general election
281.5(1)No person who has voted in a general election shall vote again, or attempt to vote again, in that general election.
Voting more than once — by-election
(2)No person who has voted in a by-election shall vote again, or attempt to vote again, at that by-election or at any other by-election that is held on the same day.
Secrecy of the vote