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

Act current to 2016-05-12 and last amended on 2016-01-01. Previous Versions

Marginal note:Elector not allowed to vote

 An elector whose name does not appear on the official list of electors in his or her polling station shall not be allowed to vote unless

  • (a) the elector gives the deputy returning officer 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);

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

  • (c) the elector gives the deputy returning officer a registration certificate described in subsection 161(4).

  • 2000, c. 9, s. 149;
  • 2007, c. 21, s. 23.

Voting Procedure

Marginal note:Delivery of ballot to elector
  •  (1) Every elector who is admitted to vote shall be given a ballot by the deputy returning officer.

  • Marginal note:Instructions to elector on receiving ballot

    (2) The deputy returning 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 deputy returning officer are visible and shall direct the elector to return the marked and folded ballot.

Marginal note:Manner of voting
  •  (1) An elector shall, after receiving a ballot,

    • (a) proceed directly to the voting compartment;

    • (b) mark the ballot with a cross or other mark in the circular space opposite the name of the candidate of his or her choice;

    • (c) fold the ballot as instructed by the deputy returning officer; and

    • (d) return the ballot to the deputy returning officer.

  • Marginal note:Return of ballot

    (2) The deputy returning officer shall, on receiving the ballot from the elector,

    • (a) without unfolding the ballot, verify that it is the same one that was handed to the elector by examining its serial number and the initials on it;

    • (b) remove and destroy the counterfoil in full view of the elector and all other persons present; and

    • (c) return the ballot to the elector to deposit in the ballot box or, at the elector’s request, deposit it in the ballot box.

Marginal note:Spoiled ballot
  •  (1) If an elector has inadvertently handled a ballot in such a manner that it cannot be used, the elector shall return it to the deputy returning officer who shall mark it as a spoiled ballot, place it in the envelope supplied for the purpose and give the elector another ballot.

  • Marginal note:Limit

    (2) An elector shall not be given more than one ballot under subsection (1).

Marginal note:No delay in voting
  •  (1) Every elector shall vote without delay and leave the polling station as soon as his or her ballot has been put into the ballot box.

  • Marginal note:Electors present at close of voting hours allowed to vote

    (2) An elector who is entitled to vote at a polling station and who is in the polling station or in line at the door at the close of voting hours shall be allowed to vote.

Special Voting Procedures

Marginal note:Assistance by deputy returning officer
  •  (1) The deputy returning officer, on request by an elector who is unable to vote in the manner prescribed by this Act because he or she cannot read or has a physical disability, shall assist the elector in the presence of the poll clerk.

  • Marginal note:Template

    (2) The deputy returning officer 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.

Marginal note:Assistance by friend or related person
  •  (1) If an elector requires assistance to vote, a friend, the spouse, the common-law partner or a relative of the elector or a relative of the elector’s spouse or common-law partner may accompany the elector into the voting compartment and assist the elector to mark his or her ballot.

  • Marginal note:Exception

    (2) No person shall as a friend assist more than one elector for the purpose of marking a ballot.

  • Marginal note:Oath

    (3) A person described in subsection (1) who wishes to assist an elector in marking a ballot shall first take an oath, 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.

  • Marginal note:Prohibition — failure to maintain secrecy

    (4) No person who assists an elector under this section shall, directly or indirectly, disclose the candidate for whom the elector voted.

  • 2000, c. 9, s. 155, c. 12, s. 40.
Marginal note:Use of interpreter

 A deputy returning officer may appoint and swear a language or sign language interpreter to assist the officer in communicating to an elector any information that is necessary to enable him or her to vote.

Marginal note:Elector who is confined to bed
  •  (1) At a polling station that has been established in a home for the aged or in a chronic care facility, when the deputy returning officer considers it necessary, the deputy returning officer and the poll clerk shall

    • (a) suspend temporarily the voting in the polling station; and

    • (b) with the approval of the person in charge of the institution, carry the ballot box, ballots and other necessary election documents from room to room in the institution to take the votes of electors who are confined to bed and ordinarily resident in the polling division in which the institution is situated.

  • Marginal note:Procedure for taking the votes

    (2) When the vote of an elector who is confined to bed is taken, the deputy returning officer 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.

Transfer Certificates

Marginal note:Transfer certificate for candidate
  •  (1) A candidate whose name appears on the list of electors for a polling station is entitled on request to receive a transfer certificate to vote at another polling station in the same electoral district.

  • Marginal note:Transfer certificate for election officer

    (2) A returning officer or an assistant returning officer shall issue a transfer certificate to any person whose name appears on the official list of electors for a polling station and who has been appointed, after the last day of advance polls, to act as an election officer for another polling station.

  • Marginal note: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 performs the duty specified in the certificate at the place mentioned in the certificate.

  • Marginal note:Transfer certificate for elector whose polling station has moved

    (4) If an elector’s polling station moves to another location after the notice of confirmation of registration has been sent, an elector who attends at the polling station set out in the notice is entitled on request to receive a transfer certificate to vote at that polling station.

  • 2000, c. 9, s. 158;
  • 2007, c. 21, s. 24.
Marginal note:Transfer certificate for elector with a disability
  •  (1) An elector who is in a wheelchair or who has a physical disability, and who is unable to vote without difficulty in his or her polling division because it does not have a polling station with level access, may apply for a transfer certificate to vote at another polling station with level access in the same electoral district.

  • Marginal note:Application requirements

    (2) The application shall be in the prescribed form and shall be personally delivered to the returning officer or assistant returning officer for the elector’s electoral district by the elector, his or her friend, spouse, common-law partner or relative, or a relative of his or her spouse or common-law partner.

  • Marginal note:Issue of transfer certificate to disabled elector

    (3) The returning officer or assistant returning officer shall issue a transfer certificate in the prescribed form, and hand the certificate to the person who delivered the application to the officer, if the officer is satisfied that

    • (a) the elector’s name appears on a list of electors for the electoral district; and

    • (b) the polling station established for the polling division in which the elector resides does not have level access.

  • 2000, c. 9, s. 159, c. 12, s. 40;
  • 2007, c. 21, s. 25.
 
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