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

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Act current to 2018-12-12 and last amended on 2016-01-01. Previous Versions

PART 8Preparation for the Vote (continued)

Election Materials

Marginal note:Delivery to returning officers

 The Chief Electoral Officer, at any time before the issue of the writ or immediately after the issue of it, shall deliver to the returning officer sufficient quantities of election materials and the necessary instructions for the election officers to perform their duties.

Marginal note:Ballot boxes

  •  (1) The Chief Electoral Officer shall provide the returning officer with the necessary ballot boxes.

  • Marginal note:Material of ballot box

    (2) Each ballot box shall be of the size and shape and made of the material determined by the Chief Electoral Officer and be constructed to allow seals for the use of the returning officers and deputy returning officers to be affixed.

Marginal note:Ballot paper

  •  (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:Printing material

    (2) Before the closing day for nominations, the Chief Electoral Officer shall deliver to every returning officer the printing material prepared for that election for the purpose of printing the year and the name of the electoral district on the back of the ballot.

Marginal note:Ballot printed in Form 3

  •  (1) The returning officer shall, as soon as possible after 2:00 p.m. on the 19th day before polling day, authorize the printing of a sufficient number of ballots in Form 3 of Schedule 1.

  • Marginal note:Form of ballot

    (2) Ballots shall have a counterfoil and a stub, with a line of perforations between the ballot and the counterfoil and between the counterfoil and the stub.

  • 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:Books of ballots

    (4) Ballots shall be in books containing an appropriate number of ballots.

  • Marginal note:Obligation re: ballots, ballot paper

    (5) Each printer shall return all of the ballots and all of the unused paper on which the ballots were to have been printed, to the returning officer.

  • 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:Information on the ballot

  •  (1) Ballots shall contain the names of candidates, arranged alphabetically, taken from their nomination papers.

  • Marginal note:Name of party

    (2) The name, in the form referred to in paragraph 385(2)(b), of the political party that has endorsed the candidate shall be listed on the ballot under the name of the candidate if

    • (a) the candidate’s nomination paper includes it;

    • (b) the condition described in paragraph 67(4)(c) is met; and

    • (c) no later than 48 hours after the close of nominations, the party is a registered party.

    • (d) [Repealed, 2004, c. 24, s. 2]

  • Marginal note:Designation of candidate as independent

    (3) The word “independent” shall be listed on the ballot under the name of the candidate who has requested it in accordance with subparagraph 66(1)(a)(v) and may not be so listed in any other case.

  • (4) [Repealed, 2001, c. 21, s. 12]

  • Marginal note:Address or occupation on ballot

    (5) The ballot shall list under the candidate’s name the address or occupation of a candidate who makes a written request to that effect to the returning officer before 5:00 p.m. on the closing day for nominations, if the candidate and another candidate on the ballot have the same name and both candidates have chosen under subparagraph 66(1)(a)(v) to either have the word “independent” or no designation of political affiliation under their names in election documents.

  • 2000, c. 9, s. 117;
  • 2001, c. 21, s. 12;
  • 2004, c. 24, s. 2;
  • 2007, c. 21, s. 20;
  • 2014, c. 12, s. 40.

Marginal note:Property of Her Majesty

 Ballot boxes, ballots, envelopes and marking instruments procured for an election are the property of Her Majesty.

Supply of Election Materials to Deputy Returning Officer

Marginal note:Materials to be supplied to deputy returning officers

  •  (1) Before voting begins, each returning officer shall provide each deputy returning officer in his or her electoral district with

    • (a) enough ballots for at least the number of electors on the official list of electors for the deputy returning officer’s polling station;

    • (b) a statement showing the number of ballots that are supplied, with their serial numbers;

    • (c) the necessary materials for electors to mark their ballots;

    • (d) an adequate number of templates, provided by the Chief Electoral Officer, to enable electors who are visually impaired to mark their ballots without assistance;

    • (e) a copy of the instructions of the Chief Electoral Officer referred to in section 113;

    • (f) the official list of electors for use at the polling station, enclosing it when possible in the ballot box with the ballots and other supplies;

    • (g) a ballot box for polling day and a separate ballot box for each day of advance polling;

    • (h) the text of the oaths to be administered to electors; and

    • (i) the necessary envelopes, forms and other supplies that may be authorized or provided by the Chief Electoral Officer.

  • Marginal note:Safekeeping of election materials

    (2) Until the opening of the poll, each deputy returning officer is responsible for all election materials in his or her possession and shall take every precaution for the safekeeping of those materials and to prevent any person from having unlawful access to them.

  • 2000, c. 9, s. 119;
  • 2014, c. 12, s. 41.

Polling Stations and Central Polling Places

Marginal note:Establishment of polling stations

  •  (1) Each returning officer shall, for polling day, establish one polling station for each polling division.

  • Marginal note:Multiple polling stations

    (2) No later than 3 days before a polling day, a returning officer may, with the prior approval of the Chief Electoral Officer, establish several polling stations for a polling division if, because of the number of electors on the list of electors for the polling division, the returning officer believes it necessary for the conduct of the vote, and each of those polling stations is to be designated by the number of the polling division to which is added the letter A, B, C and so on.

  • 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:Certificate of returning officer

    (4) To each portion of the official list of electors that is divided, the returning officer shall, before sending the portion to the deputy returning officer for the polling station, append a certificate signed by the returning officer in the prescribed form attesting to its correctness.

Marginal note:Level access

  •  (1) Subject to subsection (2), a polling station shall be in premises with 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:Voting compartments

    (3) Each polling station shall contain one or two voting compartments arranged so that each elector is screened from observation and may, without interference or interruption, mark their ballot.

  • Marginal note:Table or desk

    (4) Each voting compartment shall be placed on a hard and smooth surface and shall have in it a suitable black lead pencil for the use of electors in marking their ballots.

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