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

Full Document:  

Act current to 2019-06-13 and last amended on 2019-06-13. Previous Versions

PART 8Preparation for the Vote (continued)

Election Materials (continued)

Marginal note:Property of Her Majesty

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

Provision of Election Materials to Election Officers

Marginal note:Materials to be provided to election officers

  •  (1) Before voting begins, each returning officer shall provide, in accordance with the Chief Electoral Officer’s instructions, the election officers who are assigned to a polling station in the returning officer’s electoral district with

    • (a) enough ballots for at least the number of electors on the official list of electors for the polling station;

    • (b) a statement showing the number of ballots that are provided, 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, the election officers are responsible for all election materials in their possession and shall take every precaution to ensure 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
  • 2018, c. 31, s. 82

Polling Stations

Marginal note:Establishment of polling stations

 Each returning officer shall, for polling day, establish polling stations and assign each polling division to a polling station.

  • 2000, c. 9, s. 120
  • 2018, c. 31, s. 83

Marginal note:Accessibility

  •  (1) A polling station shall be in premises that are accessible to electors with a disability.

  • Marginal note:Exception

    (2) If a returning officer is unable to secure suitable premises for a polling station that are accessible to electors with a disability, the returning officer may, with the prior approval of the Chief Electoral Officer, establish the polling station in premises that are not accessible to such electors.

  • Marginal note:Voting compartments

    (3) Each polling station shall contain a sufficient number of 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.

  • 2000, c. 9, s. 121
  • 2018, c. 31, s. 84
  •  (1) [Repealed, 2018, c. 31, s. 85]

  • Marginal note:Polling station in school or other public building

    (2) Whenever possible, a returning officer shall establish a polling station in a school or other suitable public building.

  • 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.

  • 2000, c. 9, s. 122
  • 2018, c. 31, s. 85

 [Repealed, 2018, c. 31, s. 86]

 [Repealed, 2018, c. 31, s. 86]

Marginal note:Mobile polling station

  •  (1) When a polling division consisting of two or more institutions is constituted under subsection 538(5), the returning officer may establish a mobile polling station to be located in each of those institutions successively.

  • Marginal note:Voting hours for mobile polling station

    (2) The returning officer shall set the times during which a mobile polling station will be located in the institutions referred to in subsection (1).

  • Marginal note:Notice

    (3) The returning officer shall give notice to the candidates of the itinerary of the mobile polling station in accordance with the instructions of the Chief Electoral Officer.

  • 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.

Marginal note:Information — location of polling stations

  •  (1) The returning officer for an electoral district and the Chief Electoral Officer shall make the addresses of all of the polling stations in the electoral district available to, respectively, each candidate in the electoral district and each political party that has endorsed a candidate in the electoral district. That information shall be made available on the later of the 24th day before polling day and the day on which the candidate’s nomination is confirmed, along with maps of the electoral district indicating the boundaries of each polling division and the location of each polling station.

  • Marginal note:Notification of change — on or before 5th day before polling day

    (2) If, on or before the 5th day before polling day, there is a change in the address of any polling station in the electoral district, the returning officer and the Chief Electoral Officer shall without delay make that information available to the candidates and the political parties respectively, along with maps of the electoral district indicating the new location of the polling station.

  • Marginal note:Electoral district maps — electronic format

    (2.1) The maps that the Chief Electoral Officer is to make available to political parties under subsections (1) and (2) shall be made available in electronic form or in formats that include electronic form.

  • Marginal note:Notification of change — after 5th day before polling day

    (3) If, after the 5th day before polling day, there is a change in the address of any polling station in the electoral district, the returning officer and the Chief Electoral Officer shall without delay make that information available to the candidates and the political parties respectively.

  • 2014, c. 12, s. 43
  • 2018, c. 31, s. 87

Prohibitions

Marginal note:Prohibitions re ballots, etc.

 No person shall

  • (a) forge a ballot;

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

  • (c) being authorized under this Act to print a ballot, knowingly print more ballot papers than the person is authorized to print;

  • (d) print a ballot or what purports to be or is capable of being used as a ballot at an election 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

  • (e) manufacture, import into Canada, have in possession, supply to an election officer, or use for the purpose of an election, or cause to be manufactured, imported into Canada, provided to an election officer, or used for the purposes of an election, a ballot box that contains a compartment into which a ballot may be secretly placed or a device by which a ballot may be secretly altered.

PART 9Voting

Voting Opportunities

Marginal note:Manner of voting

 An elector may vote

  • (a) in person at a polling station on polling day;

  • (b) in person at an advance polling station during the period provided for the advance poll; or

  • (c) by means of a special ballot issued in accordance with Part 11.

Polling Day

Hours

Marginal note:Hours of voting

  •  (1) The voting hours on polling day are

    • (a) from 8:30 a.m. to 8:30 p.m., if the electoral district is in the Newfoundland, Atlantic or Central time zone;

    • (b) from 9:30 a.m. to 9:30 p.m., if the electoral district is in the Eastern time zone;

    • (c) from 7:30 a.m. to 7:30 p.m., if the electoral district is in the Mountain time zone; and

    • (d) from 7:00 a.m. to 7:00 p.m., if the electoral district is in the Pacific time zone.

  • Marginal note:Exception — Saskatchewan

    (2) Despite subsection (1), if polling day is during a time of the year when the rest of the country is observing daylight saving time, the voting hours in Saskatchewan are

    • (a) in the case of an electoral district in the Central time zone, from 7:30 a.m. to 7:30 p.m.; and

    • (b) in the case of an electoral district in the Mountain time zone, from 7:00 a.m. to 7:00 p.m.

 
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