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  1. Regulation Adapting the Canada Elections Act for the Purposes of a Referendum - SOR/2010-20 (SCHEDULE : Canada Elections Act)
    Regulation Adapting the Canada Elections Act for the Purposes of a Referendum

    SCHEDULE(section 2)Canada Elections Act as Adapted for the Purposes of a Referendum

    [...]

    Marginal note:Short title

    1 This Act may be cited as the Canada Elections Act as Adapted for the Purposes of a Referendum.

    [...]

    Marginal note:Definitions
    • 2 (1) The definitions in this subsection apply in this Act.

      broadcasting

      broadcasting  means broadcasting, as defined in subsection 2(1) of the Broadcasting Act, that is regulated and supervised by the Canadian Radio-television and Telecommunications Commission pursuant to section 5 of that Act. (radiodiffusion)

      Broadcasting Arbitrator

      Broadcasting Arbitrator  means the person appointed as Broadcasting Arbitrator under subsection 332(1) of the Canada Elections Act. (arbitre)

      elector

      elector  means a person who is qualified as an elector under section 3. (électeur)

      personal information

      personal information  means personal information as defined in section 3 of the Privacy Act. (renseignements personnels)

      referendum documents

      referendum documents  means the following documents:

      • [...]

      • (f) the other returns from the various polling stations enclosed in sealed envelopes, as required by Part 12, and containing

        [...]

      registered party

      registered party  has the same meaning as in subsection 2(1) of the Canada Elections Act. (parti enregistré)

      spoiled

      spoiled , in relation to a ballot or a special ballot as defined in section 177, means

      [...]

    • (1.1) The definitions in this subsection apply in the Referendum Act.

      network

      network  means a network as defined in subsection 2(1) of the Broadcasting Act, but does not include a temporary network operation as defined in that subsection. (réseau)

    [...]

    Marginal note:Persons qualified as electors

    3 Every person who is a Canadian citizen and is 18 years of age or older on polling day is qualified as an elector.

    [...]

    5 No person may

    • (a) vote or attempt to vote at a referendum knowing that they are not qualified as an elector or not entitled to vote under section 4; or

    • (b) induce another person to vote at a referendum knowing that the other person is not qualified as an elector or not entitled to vote under section 4.

    Marginal note:Persons entitled to vote

    6 Subject to this Act, every person who is qualified as an elector is entitled to have his or her name included in the list of electors for the polling division in which he or she is ordinarily resident and to vote at the polling station for that polling division.

    [...]

    Marginal note:Place of ordinary residence
    • 8 (1) The place of ordinary residence of a person is the place that has always been, or that has been adopted as, his or her dwelling place, and to which the person intends to return when away from it.

    [...]

    11 Any of the following persons may vote in accordance with Part 11:

    • [...]

    • (d) a person who has been absent from Canada for less than five consecutive years and who intends to return to Canada as a resident;

    [...]

    Marginal note:Power to adapt Act
    • [...]

    • Marginal note:Emergency — extending voting hours

      (3) If voting at a polling station is interrupted on polling day by an emergency and the Chief Electoral Officer is satisfied that, if the voting hours at the polling station are not extended, a substantial number of electors will not be able to vote, the Chief Electoral Officer shall extend the voting hours at the polling station for the period the Chief Electoral Officer considers necessary to give those electors a reasonable opportunity to vote, as long as the polling station does not in any case

      [...]

    [...]

    Marginal note:Referendum officers
    • [...]

    • Marginal note:Who shall not be appointed referendum officers

      (3) The following persons shall not be appointed as a referendum officer:

      [...]

    • Marginal note:Qualifications

      (4) A referendum officer must be qualified as an elector and a referendum officer referred to in any of paragraphs (1)(a), (b), (d) to (g) and (j) must reside in the electoral district in which he or she is to perform duties under this Act and the Referendum Act.

    • (5) In the case of an appointment that is to be made by a returning officer, if he or she is unable to appoint a referendum officer who meets the requirements set out in subsection (4), he or she may, with the approval of the Chief Electoral Officer, appoint

      • [...]

      • (b) a person who is qualified as an elector but does not live in the electoral district.

    • Marginal note:Prohibition — acting as referendum officer

      (6) No person shall act as a referendum officer knowing that they do not meet the requirements for a referendum officer set out in this section.

    [...]

    Marginal note:Solicitation of names
    • [...]

    • Marginal note:Revising agents to work in pairs

      (3) A returning officer shall appoint revising agents to work in pairs and each pair shall consist, as far as possible, of persons recommended by different registered parties.

    [...]

    Marginal note:Replacement for deputy returning officer
    • 38 (1) When the office of deputy returning officer is vacant or if the deputy returning officer is unable or unwilling to act, and the returning officer has not appointed a replacement, the poll clerk shall act as deputy returning officer without taking another oath.

    • Marginal note:Another poll clerk appointed

      (2) When a poll clerk acts as deputy returning officer, the poll clerk shall, in the prescribed form, appoint a person to act as poll clerk.

    [...]

    Marginal note:Registration offices
    • [...]

    • Marginal note:Equal distribution of appointments

      (4) The returning officer shall, as far as possible, appoint half of the registration officers from among the persons recommended by each of the registered parties under subsection (3). If either of those parties did not provide a sufficient number of names of suitable persons, that party’s remaining share of the appointments shall be made from among the names solicited by the returning officer from other sources.

    [...]

    Marginal note:Results transposed
    • 41 (1) When a new electoral district is established, the Chief Electoral Officer shall transpose the results from the previous general election to the polling divisions that are in the new electoral district in order to determine which registered parties have the right to provide the returning officer with lists of persons to be appointed as referendum officers.

    • [...]

    • Marginal note:Exception

      (3) If, in a case to which subsection (2) applies, a referendum is held before the by-election, the registered parties that have the right to provide the returning officer with lists of names of suitable persons to be appointed as referendum officers in respect of that referendum are the same registered parties as those that had that right for the purposes of the election that resulted in the equality of votes.

    [...]

    43 No person shall

    • [...]

    • (c) having been replaced as a referendum officer, fail to give to their replacement or to an authorized person any referendum documents or other referendum materials that the person has received or prepared in the performance of his or her duties.

    Marginal note:Right of access
    • 43.1 (1) No person who is in control of an apartment building, condominium building or other multiple-residence building or a gated community may prevent a referendum officer or a member of the staff of a returning officer from obtaining access to the building or gated community, as the case may be, between 9:00 a.m. and 9:00 p.m., to perform his or her duties under this Act or the Referendum Act.

    • Marginal note:Exception

      (2) Subsection (1) does not apply in respect of a person who is in control of a multiple-residence building whose residents’ physical or emotional well-being may be harmed as a result of permitting the activities referred to in that subsection.

    [...]

    • [...]

    • Marginal note:Times when polling day is Tuesday

      (5) If the day fixed for the vote is a Tuesday because of subsection (4), any time period specified under this Act or the Referendum Act before or after polling day is to be calculated as if polling day were the Monday.

    [...]

    Marginal note:Appointment of staff
    • [...]

    • (2) Staff mentioned in subsection (1) shall

      • [...]

      • (c) be discharged as soon as their services are no longer needed.

    [...]

    Marginal note:Sending of information
    • 93 (1) As soon as possible after the issue of a writ, the Chief Electoral Officer shall prepare a preliminary list of electors for each polling division in an electoral district, and shall send it to the returning officer for the electoral district along with all the other information in the Register of Electors that relates to the electors of that electoral district.

    [...]

    Marginal note:Notice to electors
    • 95 (1) Each returning officer shall, as soon as possible after the issue of a writ but not later than the 24th day before polling day, send a notice of confirmation of registration to every elector whose name appears on the preliminary list of electors, except electors who

      [...]

    [...]

    Marginal note:Revision of preliminary lists of electors

    96 The Chief Electoral Officer shall, as soon as possible after the issue of a writ, fix the commencement date for the revision of the preliminary lists of electors. The revision period shall terminate at 6:00 p.m. on the 6th day before polling day.

    [...]

    Marginal note:Relevant elector information
    • 101 (1) The returning officer or assistant returning officer may add the name of any elector to the preliminary list of electors if

      • [...]

      • (b) another elector who lives at the same residence as the elector completes the prescribed registration form, establishes that the elector should be included on the list and provides satisfactory proof of identity in respect of that elector;

      • (c) another elector who does not live at the same residence as the elector completes the prescribed registration form for the elector, establishes that the elector should be included on the list and provides

        [...]

      • (d) the elector, or another elector who lives at the same residence as the elector, at their residence and in the presence of the revising agents completes the prescribed registration form and takes the prescribed oath.

    • [...]

    • Marginal note:Address change within electoral district

      (6) An elector who changes his or her address within an electoral district may, by telephone or otherwise, on providing satisfactory proof of identity and residence to one of the referendum officers mentioned in subsection 97(1), apply to have the relevant corrections made to the appropriate preliminary list of electors. Another elector who lives at the same residence as the elector in question, on providing satisfactory proof of identity and residence in respect of the elector in question, may apply to have the relevant corrections made to that list in respect of the elector in question.

    Marginal note:Notice of confirmation of registration

    102 Each returning officer shall, as early as possible during the revision period but not later than the 5th day before polling day, send a notice of confirmation of registration that contains the information described in subsections 95(2) and (3) to every elector whose name has been added to a preliminary list of electors during the revision period, except electors referred to in subsection 95(1).

    [...]

    Marginal note:Objection by elector
    • [...]

    • Marginal note:Notice to agents

      (4) The returning officer shall, as soon as possible, send to each agent who made a request pursuant to subsection 10(1) of the Referendum Act a copy of the notice referred to in subsection (3).

    [...]

    111 No person shall

    • [...]

    • (b) wilfully apply, except as authorized by this Act, to be included in a list of electors for a polling division if he or she is already included in a list of electors for another polling division, which list was prepared for use at the same referendum;

    • (c) wilfully apply, except as authorized by this Act, to be included in a list of electors for a polling division in which the person is not ordinarily resident;

    • (d) apply to have included in a list of electors for an electoral district the name of a person, knowing that the person is not qualified as an elector or entitled to vote in the electoral district;

    [...]

    Marginal note:Ballot paper
    • 115 (1) As soon as possible after the issue of the writ, the Chief Electoral Officer shall provide the returning officer with the paper on which the ballots are to be printed. The weight and opacity of the paper shall be determined by the Chief Electoral Officer.

    • [...]

    • Marginal note:Numbering of ballots

      (3) The ballots shall be numbered on the back of the stub and the counterfoil, and the same number shall be printed on the stub as on the counterfoil.

    • [...]

    • Marginal note:Printer’s name and affidavit

      (6) Ballots shall bear the name of the printer who, on delivering them to the returning officer, shall include an affidavit in the prescribed form that sets out a description of the ballots, the number of ballots delivered to the returning officer and the fact that all ballots were provided, and all paper returned, as required by subsection (5).

    [...]

    Marginal note:Establishment of polling stations
    • [...]

    • Marginal note:Division of list of electors

      (3) The returning officer shall divide the official list of electors for a polling division into as many separate lists as are required for the taking of the votes at each polling station.

    Marginal note:Level access
    • [...]

    • Marginal note:Exception

      (2) If a returning officer is unable to secure suitable premises with level access for use as a polling station, the returning officer may, with the prior approval of the Chief Electoral Officer, locate the polling station in premises without level access.

    Marginal note:Polling station in adjacent polling division
    • 122 (1) If a returning officer is unable to secure suitable premises to be used as a polling station within a polling division, the returning officer may establish a polling station in an adjacent polling division and all the provisions of this Act apply as if the polling station were within the polling division to which it appertains.

    • [...]

    • Marginal note:Polling station in federal buildings

      (3) A returning officer may require the officer in charge of a building owned or occupied by the Government of Canada to make premises in that building available for use as a polling station, and the officer to whom the requirement is directed shall make every reasonable effort to comply with the requirement.

    Marginal note:Central polling place
    • [...]

    • Marginal note:Presumption

      (3) On the establishment of a central polling place under subsection (1), all of the provisions of this Act apply as if each polling station at the central polling place were within the polling division to which it appertains.

    [...]

    Marginal note:Mobile polling station
    • [...]

    • Marginal note:Provisions applicable to mobile polls

      (4) Subject to the instructions of the Chief Electoral Officer, the provisions of this Act that relate to ordinary polls shall, in so far as they are applicable, apply to mobile polling stations.

    [...]

    126 No person shall

    • [...]

    • (b) without authority under this Act, print a ballot or what purports to be or is capable of being used as a ballot at a referendum;

    • [...]

    • (d) print a ballot or what purports to be or is capable of being used as a ballot at a referendum with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast; or

    [...]

    Marginal note:Prohibition

    134 No employer shall, by intimidation, undue influence or by any other means, interfere with the granting to an elector in their employ of the three consecutive hours for voting, as provided for in section 132.

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    Marginal note:Who may be present at polling station
    • 135 (1) The only persons who may be present at a polling station on polling day are

      • [...]

      • (d) an agent of each registered referendum committee or a maximum of two witnesses, as the case may be;

    [...]

    Marginal note:Initialling ballots
    • 138 (1) Before a polling station opens on polling day, and in full view of the agents of registered referendum committees or witnesses who are present at the polling station, the deputy returning officer shall initial the back of every ballot, entirely in ink or entirely in black pencil so that when the ballot is folded the initials can be seen. The initials shall be as similar as possible on each ballot.

    • [...]

    • Marginal note:Vote not to be delayed

      (3) The opening of a polling station shall not be delayed for the purpose of initialling the ballots. Ballots that are not initialled when the polling station opens shall be initialled as soon as possible and in all cases before being handed to electors.

    [...]

    Marginal note:Elector to declare name, etc.
    • [...]

    • Marginal note:Clarification

      (2.1) For greater certainty, the Chief Electoral Officer may authorize as a piece of identification for the purposes of paragraph (2)(b) any document, regardless of who issued it.

    • 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:Prohibition — vouchee acting as voucher

      (6) An elector who has been vouched for at a referendum may not vouch for another elector at that referendum.

    Marginal note:Requirement before administering oath

    143.1 If a person decides to prove his or her identity and residence by taking the prescribed oath, 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 convicted of voting or attempting to vote at a referendum knowing that he or she is not qualified as an elector.

    Marginal note:Proof of qualification as elector

    144 A deputy returning officer, poll clerk, agent of a referendum committee or witness 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.

    [...]

    Marginal note:Name and address corresponding closely to another

    146 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.

    [...]

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

      • [...]

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

    Marginal note:Spoiled ballot
    • 152 (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:No delay in voting
    • 153 (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:Assistance by friend or related person
    • [...]

    • Marginal note:Exception

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

    • (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

      • [...]

      • (d) has not, during the current referendum, assisted another person, as a friend, to mark a ballot.

    [...]

    • [...]

    • Marginal note:Transfer certificate for referendum 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 a referendum officer for another polling station.

    [...]

    Marginal note:Registration in person
    • 161 (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, which piece or one of which pieces must contain an address that proves his or her residence; or

      • (b) proves his or her identity and residence by taking the prescribed oath, and is accompanied by an elector whose name appears on the list of electors for the same polling division and who

        • [...]

        • (ii) vouches for him or her on oath in the prescribed form, which form must include a statement as to the residence of both electors.

    • [...]

    • Marginal note:Registration certificate

      (4) Where 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.

    • [...]

    • Marginal note:Prohibition — vouchee acting as voucher

      (7) An elector who has been vouched for at a referendum may not vouch for another elector at that referendum.

    [...]

    162 Each poll clerk shall

    • [...]

    • (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;

    • [...]

    • (i.1) on request, and at intervals of no less than 30 minutes, provide to an agent of a registered referendum committee, on the prescribed form and as directed by the Chief Electoral Officer, the identity of every elector who has exercised his or her right to vote on polling day, excluding that of electors who registered on that day;

    • (i.2) on request, after the close of the advance polling station, provide to an agent of a registered referendum committee, on the prescribed form and as directed by the Chief Electoral Officer, the identity of every elector who has exercised his or her right to vote on that day excluding that of electors who registered on that day; and

    [...]

    Marginal note:Secrecy during and after poll
    • [...]

    • Marginal note:Secrecy at the poll

      (2) Except as provided by this Act, no elector shall

      • [...]

      • (b) show his or her ballot, when marked, so as to allow the answer to a referendum question for which the elector has voted to be known; or

    [...]

    Marginal note:Prohibitions — emblems, etc., in polling station
    • 166 (1) No person shall

      • (a) post or display in, or on the exterior surface of, a polling place any referendum literature or other material that could be taken as an indication of support for or opposition to an answer to a referendum question;

    Marginal note:Prohibitions re ballots, etc.
    • [...]

    • (2) No person shall wilfully

      • [...]

      • (b) put or cause to be put into a ballot box a ballot or other paper otherwise than as provided by this Act;

    • (3) No deputy returning officer shall

      • (a) with the intent of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast, put his or her initials on the back of any paper purporting to be or capable of being used as a ballot at a referendum; or

    [...]

    Marginal note:Establishment of advance polling districts
    • 168 (1) Each returning officer shall, as directed by the Chief Electoral Officer, establish in his or her electoral district advance polling districts that consist of one or more polling divisions.

    • [...]

    • Marginal note:Exception

      (7) If a returning officer is unable to secure suitable premises with level access for use as an advance polling station, the returning officer may, with the prior approval of the Chief Electoral Officer, locate the advance polling station in premises without level access.

    [...]

    Marginal note:Registration at advance polling station
    • [...]

    • (2) An elector shall not be registered unless he or she

      • (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, which piece or one of which pieces must contain an address that proves his or her residence; or

      • (b) proves his or her identity and residence by taking the prescribed oath, and is accompanied by an elector whose name appears on the list of electors for the same polling division and who

        • [...]

        • (ii) vouches for him or her on oath in the prescribed form, which form must include a statement as to the residence of both electors.

    • [...]

    • Marginal note:Prohibition — vouchee acting as voucher

      (6) An elector who has been vouched for at a referendum may not vouch for another elector at that referendum.

    [...]

    Marginal note:Conduct of advance polls
    • 171 (1) Except as provided in this Part, an advance poll shall be conducted in the same manner as the manner in which the vote at a polling station on polling day is conducted and shall be regarded as such for all purposes of this Act.

    172 Each returning officer shall, not later than Saturday, the 16th day before polling day,

    • (a) give a notice, in the prescribed form, in the electoral district of the advance poll, that sets out the following information:

      • [...]

      • (iv) that the counting of the votes cast shall take place on polling day as soon after the close of the polling stations as possible; and

    [...]

    Marginal note:Duties of deputy returning officer
    • 174 (1) If an elector whose name is on the list of electors makes a request to vote at an advance polling station that is established for his or her polling division, the deputy returning officer shall permit the elector to vote unless

      • [...]

      • (b) the person refuses to sign the record of votes cast at an advance polling station referred to in subsection (2), as directed by the poll clerk under that subsection.

    Marginal note:Examining and sealing of ballot box
    • [...]

    • (2) At the close of the advance polling station at 8:00 p.m. on each of the three days of voting, the deputy returning officer shall, in full view of the agents of registered referendum committees or witnesses who are present,

      • [...]

      • (e) place the envelopes referred to in paragraphs (b) to (d) in the ballot box after the signatures have been made as described in subsection (3), and seal the ballot box.

    Marginal note:Collecting the record of votes cast at an advance polling station
    • 176 (1) As soon as possible after the close of advance polling stations on Monday, the seventh day before polling day, the returning officer shall have the original copy of the record of votes cast collected from the advance polling stations.

    • [...]

    • Marginal note:When lists already distributed

      (3) If an official list of electors is sent to a polling station containing the names of electors that appear in the record of votes cast at an advance polling station as having already voted, the returning officer shall instruct the deputy returning officer to cross their names off the list, and the deputy returning officer shall do so without delay.

    [...]

    177 The definitions in this section apply in this Part.

    unit

    unit  has the same meaning as in subsection 2(1) of the National Defence Act and includes a base or other element. (unité)

    [...]

    Marginal note:Special ballot officers
    • 183 (1) After the issue of the writs, the Chief Electoral Officer shall appoint a minimum of six special ballot officers as follows:

      • [...]

      • (c) one, on the recommendation of the Leader of the registered party that has the third largest number of members in the House of Commons as of the last general election, or a person whom that Leader designates in writing.

    Marginal note:Appointment of additional special ballot officers
    • 184 (1) If the Chief Electoral Officer is of the opinion that the number of special ballot officers appointed under section 183 is insufficient, the Chief Electoral Officer shall appoint additional special ballot officers on recommendations that are, as nearly as possible, in accordance with subsection 183(1).

    Marginal note:Merger of parties
    • 185 (1) In the case of a merger of two or more of the registered parties that are represented by the Prime Minister, the Leader of the Opposition or the Leader of the registered party that has the third largest number of members in the House of Commons as of the last general election, the person who may recommend special ballot officers under paragraph 183(1)(c) is the leader of the registered party with the largest number of members in the House of Commons as of the last general election among registered parties other than those three.

    [...]

    Marginal note:Distribution of referendum materials, etc.

    189 The special voting rules administrator shall distribute to commanding officers and, as the special voting rules administrator considers appropriate, to any other person or to any place

    [...]

    [...]

    Marginal note:Canadian Forces electors

    191 Any of the following persons is a Canadian Forces elector if he or she is qualified as an elector under section 3 and is not disentitled from voting at a referendum under section 4:

    • [...]

    • (d) a person who is employed outside Canada by the Canadian Forces as a teacher in, or as a member of the administrative support staff for, a Canadian Forces school.

    [...]

    Marginal note:Voting in actual place of ordinary residence

    193 An elector who has not voted under this Division may vote at the polling station established for the polling division of the elector’s place of ordinary residence named in section 192 but only if he or she ordinarily resides in the electoral district referred to in that section as of polling day.

    [...]

    Marginal note:Completion on enrolment, etc.
    • [...]

    • Marginal note:Completion on becoming ordinarily resident

      (2) A person who cannot complete a statement of ordinary residence under subsection (1) because he or she did not have a place of ordinary residence in Canada when enrolled in or hired by the Canadian Forces shall, without delay after being able to indicate a place referred to in paragraph (4)(a) or (b) as his or her place of ordinary residence, complete a statement of ordinary residence in accordance with subsection (1), indicating that place as his or her place of ordinary residence.

    • Marginal note:Members of Canadian Forces not entitled to vote

      (3) A person who was not qualified as an elector when enrolled in or hired by the Canadian Forces shall, without delay after becoming qualified, complete a statement of ordinary residence in accordance with subsection (1) that indicates a place of ordinary residence described in subsection (4).

    • Marginal note:Change of ordinary residence, etc.

      (4) An elector may amend the information in his or her statement of ordinary residence and may indicate as a place of ordinary residence the civic address of

      • [...]

      • (b) the place where the member is residing by reason of his or her performance of services as a member of the Canadian Forces; or

    Marginal note:Completion by reserve member not on active service
    • [...]

    • Marginal note:Completion by reserve member on active service

      (2) Every member of the reserve force of the Canadian Forces who is placed on active service, other than a member who immediately before being placed on active service was on full-time training or service and completed a statement of ordinary residence in accordance with subsection (1) after that full-time training or service began, shall complete a statement of ordinary residence in the same form as in subsection (1) that indicates

      [...]

    • Marginal note:Members of reserve force not entitled to vote

      (3) A member of the reserve force of the Canadian Forces referred to in subsection (1) or (2) who was not qualified as an elector while on full-time training or service shall, without delay after becoming qualified, complete a statement of ordinary residence in accordance with subsection (1) or (2), as the case may be, that indicates a place of ordinary residence described in subsection (4).

    • Marginal note:Change of ordinary residence, etc.

      (4) An elector may amend the information in his or her statement of ordinary residence and may indicate as a place of ordinary residence the civic address of

      • (a) the place of ordinary residence of a person with whom the elector would live but for his or her being on training or service or a person designated by the elector as next of kin;

    • Marginal note:When no statement completed

      (5) An elector described in subsection (1), (2) or (3) who has not completed a statement of ordinary residence in accordance with subsection (1) or (2), as the case may be, may do so at any time.

    [...]

    Marginal note:Filing of reservists’ statements

    197 A statement of ordinary residence completed by a member of the reserve force of the Canadian Forces under section 195 shall be filed with the unit in which the member is on full-time training or service or active service, as the case may be.

    [...]

    Marginal note:Designation
    • 199 (1) The Minister of National Defence shall designate a person as a coordinating officer to work, during and between referendums, with the Chief Electoral Officer in carrying out the purposes and provisions of this Division.

    [...]

    Marginal note:Duties of Minister of National Defence

    201 On being informed of the issue of the writs, the Minister of National Defence shall designate one or more electors to act as liaison officers for the vote.

    [...]

    Marginal note:Notice
    • 204 (1) On being informed of the issue of the writs, each commanding officer shall

      • (a) publish a notice as a part of unit orders; and

    • [...]

    • (3) The list shall be arranged alphabetically and shall indicate each elector’s surname, given names, sex and rank, and

      • [...]

      • (b) if the elector’s statement of ordinary residence has not been validated, the place of ordinary residence as indicated in the statement of ordinary residence.

    Marginal note:Duties of commanding officer
    • 205 (1) Within seven days after being informed of the issue of the writs, each commanding officer shall

      • [...]

      • (b) designate an elector as the deputy returning officer for each polling station;

    [...]

    Marginal note:Provision of special ballot, etc.
    • [...]

    • Marginal note:Spoiled special ballot

      (4) If an elector has inadvertently handled a special 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 spoiled and give an additional special ballot to the elector.

    [...]

    Marginal note:Assistance
    • 216 (1) If an elector is, because of a physical disability, unable to vote in the manner described in this Division, the deputy returning officer shall assist him or her by

      • [...]

      • (b) marking the special ballot as directed by the elector in his or her presence and in the presence of another elector selected by the elector as a witness.

    • Marginal note:Note and keeping vote secret

      (2) The deputy returning officer and an elector acting as a witness shall

      [...]

    [...]

    [...]

    Marginal note:Prohibition — change of address

    224 The address chosen as the place of ordinary residence in Canada in the application for registration and special ballot cannot be changed after the elector’s name is entered in the register.

    [...]

    Marginal note:Information required for application
    • [...]

    • Marginal note:Electors in danger

      (1.1) An elector who would be under reasonable apprehension of bodily harm if he or she were to indicate the mailing address of his or her dwelling place for the purpose of paragraph (1)(d) may apply to the returning officer or special voting rules administrator to use another address for that purpose. The returning officer or special voting rules administrator, unless he or she considers that it would not be in the public interest to do so, shall grant the application and shall not reveal that other address except as required to send the special ballot to the elector. For greater certainty, the granting of the application does not change the elector’s place of ordinary residence for the purposes of this Act.

    [...]

    240 For the purpose of this Division, an elector has the sole responsibility to ensure that

    • [...]

    • (b) his or her special ballot is received within the period specified to be counted as a vote.

    [...]

    Marginal note:Spoiled ballot
    • 242 (1) If an elector has inadvertently handled a special ballot in such a manner that it cannot be used, the elector shall return it to the referendum officer who shall mark it as spoiled and give the elector another special ballot.

    Marginal note:Assistance
    • 243 (1) When an elector personally goes to the office of the returning officer and is unable to read or because of a physical disability is unable to vote in the manner described in this Division, the designated referendum officer shall assist the elector by

      • [...]

      • (b) marking the ballot as directed by the elector in his or her presence.

    Marginal note:Registration, voting at home
    • 243.1 (1) On application of an elector who is unable to read, or who is unable to vote in the manner described in this Division because of a physical disability, and who is unable to personally go to the office of the returning officer because of a physical disability, the designated referendum officer shall go to the elector’s dwelling place and, in the presence of a witness who is chosen by the elector, assist the elector by

      • [...]

      • (b) marking the ballot as directed by the elector in the elector’s presence.

    [...]

    Marginal note:Entitlement to vote
    • [...]

    • Marginal note:Vote to be in electoral district

      (3) An elector is entitled to vote under this Division only in respect of the electoral district in which his or her place of ordinary residence is situated as shown on the application for registration and special ballot made by the elector under section 251.

    Marginal note:Designation of coordinating officers

    246 The ministers responsible for corrections in the provinces shall each designate a person as a coordinating officer to work, during and between referendums with the Chief Electoral Officer to carry out the purposes and provisions of this Division.

    Marginal note:Notification of issue of the writs
    • [...]

    • (2) On being informed of the issue of the writs, each minister responsible for corrections in a province shall

      • [...]

      • (b) designate one or more persons to act as liaison officers in connection with the taking of the votes of electors; and

    [...]

    Marginal note:Application for registration and special ballot
    • 251 (1) Before the 10th day before polling day, each liaison officer shall ensure that an application for registration and special ballot in the prescribed form is completed for every eligible elector of the correctional institution who wishes to vote, indicating his or her place of ordinary residence as determined under subsection (2).

    • [...]

    • Marginal note:Validation

      (4) The liaison officer shall validate the application for registration and special ballot by signing it and indicating on it the name of the electoral district that includes the place of ordinary residence as determined under subsection (2).

    • Marginal note:Dispute about electoral district

      (5) If a dispute arises as to in which electoral district an elector may vote, the elector may refer the matter to the returning officer for the electoral district where the correctional institution is located, and the returning officer shall make a final determination in accordance with the process for revising lists of electors.

    [...]

    Marginal note:Voting by special ballot
    • [...]

    • Marginal note:Spoiled special ballot

      (3) If an elector has inadvertently handled a special 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 and give the elector another special ballot.

    Marginal note:Assistance
    • 259 (1) If an elector is unable to read or because of a physical disability is unable to vote under this Division, the deputy returning officer shall assist the elector by

      • [...]

      • (b) marking the special ballot as directed by the elector in his or her presence and in the presence of the poll clerk.

    [...]

    Marginal note:Setting aside of outer envelope
    • 267 (1) The special ballot officers shall set aside an outer envelope unopened when they ascertain on its examination that

      • (a) the information concerning the elector, as described on the outer envelope, does not correspond with the information on the application for registration and special ballot;

    • [...]

    • Marginal note:Disposition of outer envelopes that are laid aside

      (3) When an outer envelope is laid aside unopened as described in subsection (1) or (2),

      [...]

    [...]

    Marginal note:Rejection of ballots
    • [...]

    • Marginal note:Disputed ballots

      (3) If a dispute arises as to the validity of a special ballot, it shall be referred to the special voting rules administrator, whose decision is final.

    [...]

    Marginal note:Sending of material to Chief Electoral Officer

    272 As soon as practicable after the counting of the votes for every electoral district has been completed, the special voting rules administrator shall send to the Chief Electoral Officer, in separate envelopes,

    [...]

    Marginal note:Appointment of deputy returning officer and poll clerk
    • [...]

    • Marginal note:Notification of persons appointed

      (4) The returning officer shall, as soon as possible, notify the agents of registered referendum committees referred to in subsection 10(1) of the Referendum Act of the name and address of the persons appointed as the deputy returning officer and the poll clerk.

    [...]

    Marginal note:Setting aside of outer envelope
    • 277 (1) The deputy returning officer shall set aside an outer envelope unopened when he or she ascertains on its examination that

      • (a) the information concerning the elector, as described on the outer envelope, does not correspond with the information on the application for registration and special ballot;

    • [...]

    • Marginal note:Noting of reasons for setting aside

      (3) When an outer envelope is set aside unopened as described in subsection (1), the deputy returning officer shall note on it the reasons for the rejection. The deputy returning officer and the poll clerk shall initial the envelope.

    [...]

    Marginal note:Communication of results
    • [...]

    • Marginal note:Release of information

      (2) When the returning officer receives information from the Chief Electoral Officer respecting the results of the count under Division 6, the returning officer shall add those results to the results of the count under Division 7 and release all of them as being the results of the vote under the Special Voting Rules.

    [...]

    281 No person shall, inside or outside Canada,

    • (a) wilfully disclose information as to how a special ballot has been marked by an elector;

    • (b) wilfully interfere with, or attempt to interfere with, an elector when marking a special ballot, or otherwise attempt to obtain any information as to the answer to a referendum question for which any elector is about to vote or has voted;

    • [...]

    • (h) wilfully at the counting of the votes, attempt to obtain information or communicate information obtained at the counting as to the answer to a referendum question for which a vote is given in a particular special ballot.

    [...]

    285 If the deputy returning officer determines that he or she has failed to initial a ballot, the deputy returning officer shall, in the presence of the poll clerk and witnesses, initial and count the ballot if he or she is satisfied that

    • [...]

    • (b) all ballots that were provided by the returning officer have been accounted for, as described in paragraph 283(3)(d).

    [...]

    Marginal note:Validation of results
    • [...]

    • Marginal note:Adjournment if ballot boxes or information not received

      (2) If, on the day fixed for the validation of the results as described in paragraph 62(c), a returning officer has not received all the ballot boxes or the information required by section 280, the returning officer shall adjourn the proceedings for not more than seven days.

    [...]

    Marginal note:Loss or destruction of ballot boxes
    • 296 (1) If a ballot box has been destroyed or is missing, the returning officer shall ascertain the cause of the destruction or loss and shall complete the validation of the results from the original copy of the statement of the vote in the same manner as if he or she had received the ballot box.

    [...]

    Marginal note:Ballot boxes

    298 After the close of a referendum, each returning officer shall dispose of the ballot boxes as instructed by the Chief Electoral Officer.

    [...]

    Marginal note:Recount procedure
    • [...]

    • Marginal note:Powers of judge

      (4) For the purpose of arriving at the facts with respect to a missing ballot box or statement of the vote, the judge has all the powers of a returning officer with regard to the attendance and examination of witnesses who, in case of non-attendance, are subject to the same consequences as in the case of refusal or neglect to attend on the summons of a returning officer.

    • Marginal note:Additional powers of judge

      (5) For the purpose of conducting a recount, a judge has the power to summon any deputy returning officer or poll clerk as a witness and to require him or her to give evidence on oath and, for that purpose, has the same power that is vested in any court of record.

    Marginal note:Proceedings to be continuous

    305 The judge shall, as far as practicable, proceed continuously with a recount, except for necessary breaks and, unless the judge orders otherwise, between 6:00 p.m. and 9:00 a.m.

    [...]

    319 The definitions in this section apply in this Part.

    referendum advertising

    referendum advertising  means the transmission to the public by any means during a referendum period of an advertising message that supports or opposes an answer to a referendum question. For greater certainty, it does not include

    • [...]

    • (c) the transmission of a document directly by a person or a group to their members, employees or shareholders, as the case may be; or

    • (d) the transmission by an individual, on a non-commercial basis on what is commonly known as the Internet, of his or her personal political views. (publicité référendaire)

    [...]

    Marginal note:Transmission of referendum survey results
    • [...]

    • Marginal note:Report on survey results

      (3) A sponsor of a referendum survey shall, at any time during a referendum period after the results of the survey are transmitted to the public, provide, on request, a copy of a written report on the results of the survey, as transmitted under subsection (1). The report shall include the following, as applicable:

      [...]

    [...]

    Marginal note:Duty to maintain order
    • [...]

    • Marginal note:Power to eject

      (5) If an order to leave an office or place is not obeyed without delay, the person who made it may use such force as is reasonably necessary to eject the person in respect of whom the order was made from the office or place.

    [...]

    Marginal note:Strict liability offences — summary conviction
    • [...]

    • (3) Every person is guilty of an offence who

      • (a) contravenes subsection 22(6) (acting as referendum officer knowing requirements not met);

    [...]

    Marginal note:Strict liability offences — summary conviction
    • [...]

    • (2) Every person is guilty of an offence who

      • [...]

      • (a.1) contravenes subsection 143(6) (vouchee acting as voucher);

      • (a.2) contravenes subsection 155(2) (assisting as a friend more than one elector);

      • [...]

      • (a.4) contravenes subsection 161(7) (vouchee acting as voucher);

      • [...]

      • (e) contravenes subsection 169(6) (vouchee acting as voucher).

    [...]

    Marginal note:Director of Public Prosecutions may prosecute
    • [...]

    • Marginal note:Information

      (2) If the Director decides to initiate a prosecution, the Director shall request the Commissioner to cause an information in writing and under oath or solemn declaration to be laid before a justice, as defined in section 2 of the Criminal Code.

    [...]

    Marginal note:Allowance of costs
    • 515 (1) Any court of criminal jurisdiction before which a private prosecution is instituted for an offence against the Referendum Act may order payment by the defendant to the prosecutor of such costs and expenses as appear to the court to have been reasonably incurred in and about the conduct of the prosecution.

    [...]

    Marginal note:If agreement not complied with

    519 If the Commissioner is of the opinion that a contracting party has not complied with a compliance agreement, the Commissioner shall cause a notice of default to be served on the contracting party, informing him or her that, as the case may be, the Commissioner may refer the matter to the Director of Public Prosecutions for any action the Director considers appropriate or, if a prosecution was suspended by virtue of subsection 517(8), it may be resumed. If the matter has been referred to the Director of Public Prosecutions, the Commissioner shall also provide a copy of the notice to the Director.

    [...]

    Marginal note:Report on proposed legislative amendments

    535 The Chief Electoral Officer shall, as soon as possible after a referendum, make a report to the Speaker of the House of Commons that sets out any amendments that, in his or her opinion, are desirable for the better administration of the Referendum Act.

    [...]

    Marginal note:Chief Electoral Officer to retain referendum documents
    • [...]

    • Marginal note:Filmed or electronic evidence

      (7) In any proceedings under this Act or the Referendum Act, a print that is made from a photographic film or from a document in electronic form made by the Chief Electoral Officer for the purpose of keeping a permanent record of a document, and certified by the Chief Electoral Officer or by a person acting in the name of or under the direction of the Chief Electoral Officer, is admissible in evidence for all purposes for which the recorded document would be admitted as evidence, without proof of the signature or official character of the person appearing to have signed the certificate.

    [...]

    Marginal note:Tariff
    • [...]

    • Marginal note:Effective date

      (2) The Governor in Council may specify that a tariff made under subsection (1) has effect as of a day that is before the one on which it is made.

    [...]

    Marginal note:Increase of fees and allowances
    • [...]

    • Marginal note:Payment of additional sums

      (2) The Chief Electoral Officer may, in accordance with regulations made by the Governor in Council, in any case in which the fees and allowances provided for by a tariff made under subsection 542(1) are not sufficient remuneration for the services required to be performed at a referendum, or for any necessary service performed, authorize the payment of such additional sum for the services as he or she considers just and reasonable.

    [...]

    • [...]

    • Marginal note:Consolidation of amendments

      (2) It is the duty of the Chief Electoral Officer immediately after the passing of an amendment to this Act to consolidate the amendment, so far as necessary, in the copies of the Act printed for distribution to returning officers, to correct and reprint all forms and instructions affected by it and to publish a notice in the Canada Gazetteas soon as copies of the Act and the forms and instructions have been so corrected and reprinted.



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