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

Marginal note:Inclusion in register of electors temporarily resident outside Canada

221. An elector may vote under this Division if his or her application for registration and special ballot is received in Ottawa by 6:00 p.m. on the 6th day before polling day and his or her name is entered on the register.

Marginal note:Register of electors

• 222. (1) The Chief Electoral Officer shall maintain a register of electors who are temporarily resident outside Canada in which is entered the name, date of birth, civic and mailing addresses, sex and electoral district of each elector who has filed an application for registration and special ballot and who

  • (a) at any time before making the application, resided in Canada;

  • (b) has been residing outside Canada for less than five consecutive years immediately before making the application; and

  • (c) intends to return to Canada to resume residence in the future.

• Marginal note:Exception

  (2) Paragraph (1)(b) does not apply to an elector who is

  • (a) employed outside Canada in the federal public administration or the public service of a province;

  • (b) employed outside Canada by an international organization of which Canada is a member and to which Canada contributes;

  • (c) a person who lives with an elector referred to in paragraph (a) or (b); or

  • (d) a person who lives with a member of the Canadian Forces or with a person referred to in paragraph 191(d).

Marginal note:Inclusion in register

• 223. (1) An application for registration and special ballot may be made by an elector. It shall be in the prescribed form and shall include

  • (a) satisfactory proof of the elector’s identity;

  • (b) if paragraph 222(1)(b) does not apply in respect of the elector, proof of the applicability of an exception set out in subsection 222(2);

  • (c) the elector’s date of birth;

  • (d) the date the elector left Canada;

  • (e) the address of the elector’s last place of ordinary residence in Canada before he or she left Canada or the address of the place of ordinary residence in Canada of the spouse, the common-law partner or a relative of the elector, a relative of the elector’s spouse or common-law partner, a person in relation to whom the elector is a dependant or a person with whom the elector would live but for his or her residing temporarily outside Canada;

  • (f) the date on which the elector intends to resume residence in Canada;

  • (g) the elector’s mailing address outside Canada; and

  • (h) any other information that the Chief Electoral Officer considers necessary to determine the elector’s entitlement to vote or the electoral district in which he or she may vote.

• Marginal note:Optional information

  (2) In addition to the information specified in subsection (1), 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.