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

Marginal note:Failure to prove identity or residence

• 148.1 (1) An elector who fails to prove his or her identity and residence in accordance with section 143 or to make a solemn declaration otherwise required by this Act shall not receive a ballot or be allowed to vote.

• Marginal note:When elector refuses to make solemn declaration

  (2) If an elector refuses to make a solemn declaration on the ground that he or she is not required to do so under this Act, the elector may appeal to the returning officer. If, after consultation with the election officer in whose opinion the elector is required to make the solemn declaration, the returning officer decides that the elector is not required to make it, and if the elector is entitled to vote in the polling division, the returning officer shall direct that he or she be allowed to do so.

Marginal note:Elector not allowed to vote

149 An elector whose name does not appear on the official list of electors in his or her polling station shall not be allowed to vote unless

• (a) the elector gives the election officer referred to in subsection 143(1) a transfer certificate described in section 158 or 159 and, for a certificate described in subsection 158(2), fulfils the conditions described in subsection 158(3); or

• (b) the elector gives the election officer a registration certificate described in subsection 161(4).

• (c) [Repealed, 2018, c. 31, s. 96]

Voting Procedure

Marginal note:Delivery of ballot to elector

• 150 (1) Every elector who is admitted to vote shall be given a ballot by the election officer referred to in subsection 143(1), after that election officer has placed on the back of the ballot, in the space indicated in Form 3 of Schedule 1, the number of the elector’s polling division.

• Marginal note:Instructions to elector on receiving ballot

  (2) The election officer shall explain to each elector how to indicate his or her choice and fold the ballot so that its serial number and the initials of the election officer who initialed the ballot are visible and shall direct the elector to return the marked and folded ballot.

Marginal note:Manner of voting

• 151 (1) An elector shall, after receiving a ballot,

  • (a) proceed directly to the voting compartment;

  • (b) mark the ballot with a cross or other mark in the circular space opposite the name of the candidate of his or her choice;

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

  • (d) return the ballot to the election officer who provided it.

• Marginal note:Return of ballot

  (2) The election officer shall, on receiving the ballot from the elector,

  • (a) without unfolding the ballot, verify that it is the same one that was handed to the elector by examining its serial number and the initials on it;

  • (b) remove and destroy the counterfoil in full view of the elector and all other persons present; and

  • (c) return the ballot to the elector to deposit in the ballot box or, at the elector’s request, deposit it in the ballot box.

Marginal note:Spoiled ballot

• 152 (1) If the ballot is incapable of being used, the elector shall return it to the election officer referred to in subsection 143(1), 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:Limit

  (2) An elector shall not be given more than one ballot under subsection (1).

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:Electors present at close of voting hours allowed to vote

  (2) An elector who is entitled to vote at a polling station and who is in the polling station or in line at the door at the close of voting hours shall be allowed to vote.

Special Voting Procedures

Marginal note:Assistance by election officer

• 154 (1) On request by an elector who is unable to read or because of a disability is unable to vote in the manner described by this Act, an election officer who is assigned to the polling station shall assist the elector in the presence of another election officer who is assigned to the polling station.

• Marginal note:Template

  (2) An election officer who is assigned to the polling station shall, on request, provide a template to an elector who has a visual impairment to assist him or her in marking his or her ballot.

Marginal note:Assistance by friend or related person

• 155 (1) If an elector requires assistance to vote, one of the following persons may accompany the elector into the voting compartment and assist the elector to mark his or her ballot:

  • (a) a friend of the elector;

  • (b) the elector’s spouse or common-law partner; or

  • (c) a relative of the elector or of the elector’s spouse or common-law partner.

• (2) [Repealed, 2018, c. 31, s. 101]

• Marginal note:Solemn declaration

  (3) A person described in subsection (1) who wishes to assist an elector in marking a ballot shall first make a solemn declaration, in the prescribed form, that he or she

  • (a) will mark the ballot paper in the manner directed by the elector;

  • (b) will not disclose the name of the candidate for whom the elector voted;

  • (c) will not try to influence the elector in choosing a candidate; and

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

• (4) [Repealed, 2018, c. 31, s. 101]

Marginal note:Use of interpreter

156 An election officer who is assigned to a polling station may appoint a language or sign language interpreter to assist election officers at the polling station in communicating to an elector any information that is necessary to enable him or her to vote.

Marginal note:Elector who is confined to bed

• 157 (1) At a polling station that has been established in an institution for seniors or persons with a disability, when an election officer who is assigned to the polling station considers it necessary, the election officer shall

  • (a) suspend temporarily the voting in the polling station; and

  • (b) with the approval of the person in charge of the institution, carry the ballot box, ballots and other necessary election documents from room to room in the institution to take the votes of electors who are confined to bed and ordinarily resident in the polling division in which the institution is situated.

• Marginal note:Procedure for taking the votes

  (2) When the vote of an elector who is confined to bed is taken, an election officer assigned to the polling station shall give the elector the assistance necessary to enable the elector to vote, and not more than one representative of each candidate may be present.

Transfer Certificates

Marginal note:Transfer certificate for candidate

• 158 (1) A candidate whose name appears on the list of electors for a polling station is entitled on request to receive a transfer certificate to vote at another polling station in the same electoral district.

• Marginal note:Transfer certificate for election officer

  (2) An election officer who is assigned to a polling station shall issue a transfer certificate to any person — other than himself or herself — whose name appears on the official list of electors for the polling station and who has been appointed to act as an election officer for another polling station in the same electoral district.

• Marginal note:Condition

  (3) A transfer certificate issued under subsection (2) authorizes the person to vote at the polling station named in it only if, on polling day, the person exercises the power or performs the duty specified in the certificate at the place mentioned in the certificate.

• Marginal note:Transfer certificate for elector whose polling station has moved

  (4) If an elector’s polling station moves to another location after the notice of confirmation of registration has been sent, an elector who attends at the polling station set out in the notice is entitled on request to receive a transfer certificate to vote at that polling station.

Marginal note:Transfer certificate for elector with disability

• 159 (1) An elector who has a disability and is therefore unable to vote without difficulty in his or her polling station may apply for a transfer certificate to vote at another polling station in the same electoral district.

• Marginal note:Application

  (2) The application shall be made in accordance with the Chief Electoral Officer’s instructions.

• Marginal note:Issue of transfer certificate to elector with disability

  (3) An election officer shall issue a transfer certificate in the prescribed form, and provide the certificate to the person who submitted the application to the officer, if the officer is satisfied that the elector’s name appears on a list of electors for the electoral district.

Marginal note:Signing, numbering and recording transfer certificate

160 The election officer who issues a transfer certificate 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 an election officer who is assigned to the polling station on whose list of electors appears the name of the person to whom the certificate has been issued.