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

Act current to 2015-02-04 and last amended on 2015-01-01. Previous Versions

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 [Repealed, 2007, c. 21, s. 21]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.