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

Act current to 2017-11-20 and last amended on 2016-01-01. Previous Versions

Marginal note:Signing, numbering and recording transfer certificate

 The returning officer or assistant returning officer by whom a transfer certificate is issued 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 the deputy returning officer for the polling station on whose list of electors the name of the person to whom the certificate has been issued appears.

Polling Day Registration

Marginal note:Registration in person
  •  (1) An elector whose name is not on the list of electors may register in person on polling day if the elector

    • (a) provides as proof of his or her identity and residence the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing an address that proves his or her residence; or

    • (b) proves his or her identity by providing two pieces of identification of a type authorized under subsection 143(2.1) that establish the elector’s name, proves 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 161.1(1) — and is accompanied by another elector whose name appears on the list of electors for the same polling division who

      • (i) proves their own identity and residence by providing 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) attests to the elector’s residence on oath in writing in the prescribed form, the form including the statements that

        • (A) they have received the oral advice set out in subsection 161.1(2),

        • (B) they know the elector personally,

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

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

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

  • Marginal note:Place of registration

    (2) Where subsection (1) applies, the registration may take place before

    • (a) a registration officer at a registration desk established under subsection 39(1); or

    • (b) a deputy returning officer at a polling station with respect to which the Chief Electoral Officer determines that the officer be authorized to receive registrations.

  • Marginal note:Representative of each candidate

    (3) In the case of a registration under paragraph (2)(a), the registration officer shall permit one representative of each candidate in the electoral district to be present.

  • Marginal note:Examination of identification documents

    (3.1) The representative of a candidate may examine but not handle any piece of identification provided by the elector.

  • Marginal note:Registration certificate

    (4) If the elector satisfies the requirements of subsection (1), the registration officer or deputy returning officer, as the case may be, 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 statement by the elector that he or she is qualified as an elector under section 3.

  • Marginal note:List deemed to be modified

    (5) When a registration certificate is given under subsection (4), the list of electors is deemed, for the purposes of this Act, to have been modified in accordance with the certificate.

  • Marginal note:Prohibition — registration on polling day

    (5.1) It is prohibited for any person to

    • (a) knowingly apply to be registered on polling day in a name that is not their own;

    • (b) knowingly apply, except as authorized by this Act, to be registered on polling day to vote in a polling division in which they are not ordinarily resident;

    • (c) apply to be registered on polling day to vote in an electoral district knowing that they are not qualified as an elector or entitled to vote in the electoral district; or

    • (d) compel, induce or attempt to compel or induce any other person to make a false or misleading statement relating to that other person’s qualification as an elector for the purposes of the registration of that other person on polling day.

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

    (6) 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)

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

  • 2000, c. 9, s. 161;
  • 2007, c. 21, s. 26, c. 37, s. 2;
  • 2014, c. 12, s. 50.
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 contravenes subsection 161(5.1) or 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 161(6) or (7) or 549(3).

  • 2007, c. 21, s. 27;
  • 2014, c. 12, s. 51.

Duties of Poll Clerk

Marginal note:Duties of poll clerk

 Each poll clerk shall

  • (a) make, on the prescribed form, the entries that the deputy returning officer directs under this Act;

  • (b) as soon as the elector’s ballot has been deposited in the ballot box, indicate, beside the name of the elector on the list of electors, that the elector has voted;

  • (c) indicate, if applicable, on the prescribed form that the elector has voted under a transfer certificate issued under section 158 or 159 and give the number of the certificate;

  • (d) indicate, if applicable, on the prescribed form that the elector has voted, under paragraph 149(b), without his or her name being on the official list of electors;

  • (e) indicate, if applicable, on the prescribed form that the elector has voted under section 146;

  • (f) indicate, if applicable, on the prescribed form that the elector has taken an oath and the type of oath;

  • (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 take an oath;

  • (h) indicate, if applicable, on the prescribed form that the elector has been allowed to vote under subsection 148.1(2);

  • (i) indicate, if applicable, on the prescribed form that an elector has voted in the circumstances described in section 147, that the prescribed oath has been taken or that any other oath that was required to be taken was taken, note any objection that was made on behalf of any of the candidates and indicate the candidate’s name;

  • (i.1) prepare, at intervals of no less than 30 minutes, using the prescribed form and as directed by the Chief Electoral Officer, a document permitting the identification of every elector who during that interval has exercised his or her right to vote on polling day — excluding electors who registered on that day — and, on request, provide it to a candidate’s representative;

  • (i.2) prepare, each day after the close of the advance polling station, using the prescribed form and as directed by the Chief Electoral Officer, a document permitting the identification of every elector who has exercised his or her right to vote on that day — excluding electors who registered on that day — and, on request, provide it to a candidate’s representative; and

  • (j) indicate, if applicable, on the prescribed form, that an elector has voted under a registration certificate issued under subsection 161(4).

  • 2000, c. 9, s. 162;
  • 2007, c. 21, s. 28;
  • 2014, c. 12, s. 52.
 
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