Canada Elections Act (S.C. 2000, c. 9)

Act current to 2016-06-21 and last amended on 2016-01-01. Previous Versions

Marginal note:Elector to declare name, etc.
  •  (1) Each elector, on arriving at the polling station, shall give his or her name and address to the deputy returning officer and the poll clerk, and, on request, to a candidate or his or her representative.

  • Marginal note:Proof of identity and residence

    (2) If the poll clerk 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 the elector shall provide the deputy returning officer and the poll clerk with the following proof of the elector’s identity and, subject to subsection (3), his or her residence:

    • (a) one piece of identification issued by a Canadian government, whether federal, provincial or local, or an agency of that government, that contains a photograph of the elector and his or her name and address; or

    • (b) two pieces of identification of a type authorized under subsection (2.1), each of which establishes the elector’s name and at least one of which establishes the elector’s address.

  • Marginal note: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 — other than a notice of confirmation of registration sent under section 95 or 102 — regardless of who issued the document, may be authorized.

  • Marginal note:Person registered as an Indian

    (2.2) For the purposes of paragraph (2)(b), a document issued by the Government of Canada that certifies that a person is registered as an Indian under the Indian Act constitutes an authorized piece of identification.

  • Marginal note:Alternative proof of residence

    (3) An elector who proves his or her identity by providing two pieces of identification of a type authorized under subsection (2.1) that establish the elector’s name may instead prove his or her residence by taking an oath in writing in the prescribed form — the form including the statement that he or she has received the oral advice set out in subsection 143.1(1) — if he or she is accompanied by another elector whose name appears on the list of electors for the same polling division who

    • (a) proves their own identity and residence to the deputy returning officer and poll clerk by providing the piece or pieces of identification referred to in paragraph (2)(a) or (b), respectively; and

    • (b) attests to the elector’s residence on oath in writing in the prescribed form, the form including the statements that

      • (i) they have received the oral advice set out in subsection 143.1(2),

      • (ii) they know the elector personally,

      • (iii) they know that the elector resides in the polling division,

      • (iv) they have not attested to the residence of another elector at the election, and

      • (v) their own residence has not been attested to by another elector at the election.

  • Marginal note:Proof of residence

    (3.1) If the address contained in the piece or pieces of identification provided under subsection (2) or paragraph (3)(a) does not prove the elector’s residence but is consistent with information related to the elector that appears on the list of electors, the elector’s residence is deemed to have been proven.

  • Marginal note:Request to take an oath

    (3.2) Despite subsection (3.1), a deputy returning officer, poll clerk, candidate or candidate’s representative who has reasonable doubts concerning the residence of an elector referred to in that subsection may request that the elector take the prescribed oath, in which case his or her residence is deemed to have been proven only if he or she takes that oath.

  • Marginal note:Examination of identification documents

    (3.3) A candidate or their representative may examine but not handle any piece of identification presented under this section.

  • Marginal note:Voting

    (4) If the deputy returning officer is satisfied that an elector’s identity and residence have been proven in accordance with subsection (2) or (3), the elector’s name shall be crossed off the list and, subject to section 144, the elector shall be immediately allowed to vote.

  • Marginal note:Prohibition — attesting to residence of more than one elector

    (5) No elector shall attest to the residence of more than one elector at an election.

  • Marginal note:Prohibition — attesting to residence (own residence attested to)

    (6) No elector whose own residence has been attested to at an election shall attest to another elector’s residence at that election.

  • Marginal note:Publication

    (7) The Chief Electoral Officer shall publish each year, and within three days after the issue of a writ, in a manner that he or she considers appropriate, a notice setting out the types of identification that are authorized for the purpose of paragraph (2)(b). The first annual notice shall be published no later than six months after the coming into force of this subsection.

  • 2000, c. 9, s. 143;
  • 2007, c. 21, s. 21, c. 37, s. 1;
  • 2014, c. 12, s. 46.
Marginal note:Requirement before administering oath — elector
  •  (1) If a person decides to prove his or her residence by taking an oath in writing in the prescribed form, the person who administers the oath shall, before doing so, orally advise the oath-taker 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).

  • Marginal note:Requirement before administering oath — attesting to residence

    (2) If a person decides to attest to an elector’s residence by taking an oath in writing in the prescribed form, the person who administers the oath shall, before doing so, orally advise the oath-taker of the penalty that may be imposed under this Act on a person who contravenes subsection 143(5) or (6) or 549(3).

  • 2007, c. 21, s. 21;
  • 2014, c. 12, s. 47.
Marginal note:Proof of qualification as elector

 A deputy returning officer, poll clerk, candidate or candidate’s representative who has reasonable doubts concerning whether a person intending to vote is qualified as an elector may request that the person take the prescribed oath, and the person shall not be allowed to vote unless he or she takes that oath.

  • 2000, c. 9, s. 144;
  • 2007, c. 21, s. 21.
Marginal note:Proof of identity, etc., or oath not required

 Once an elector has been given a ballot, no person shall require the elector to prove his or her identity and residence in accordance with subsection 143(2) or (3).

  • 2007, c. 21, s. 21.

 [Repealed, 2007, c. 21, s. 21]

Marginal note:Name and address corresponding closely to another

 If a name and address in the list of electors correspond so closely with the name and address of a person who demands a ballot as to suggest that it is intended to refer to that person, the person shall not be allowed to vote unless he or she takes the prescribed oath.

  • 2000, c. 9, s. 146;
  • 2007, c. 21, s. 22.
Marginal note:Person in whose name another has voted

 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 takes an oath in writing in the prescribed form. The form is to state the penalty that may be imposed under this Act on a person who is found guilty of requesting a second ballot at an election contrary to section 7 or of applying for a ballot in a name that is not his or her own contrary to paragraph 167(1)(a).

  • 2000, c. 9, s. 147;
  • 2007, c. 21, s. 22;
  • 2014, c. 12, s. 48.
Marginal note:Name crossed off list in error

 If 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 takes the oath referred to in section 147 in writing.

  • 2000, c. 9, s. 148;
  • 2007, c. 21, s. 22;
  • 2014, c. 12, s. 48.
Marginal note:Failure to prove identity or residence
  •  (1) An elector who fails to prove his or her identity and residence in accordance with section 143 or to take an oath otherwise required by this Act shall not receive a ballot or be allowed to vote.

  • Marginal note:When elector refuses to take improper oath

    (2) If an elector refuses to take an oath because 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 deputy returning officer or the poll clerk of the polling station, the returning officer decides that the elector is not required to take the oath, 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, s. 22;
  • 2014, c. 12, s. 49.
 
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