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

Marginal note:Informing the returning officer

• 219.1 (1) On being informed under subsection 219(1.2) that an elector has received a special ballot, the special voting rules administrator shall inform the returning officer for the electoral district of the elector’s place of ordinary residence of this.

• Marginal note:Name on list of electors

  (2) When the returning officer is informed under subsection (1) that an elector has received a special ballot, he or she shall

  • (a) if the elector’s name is not already included on a list of electors, enter the elector’s name on the list of electors for the appropriate polling division in that electoral district; and

  • (b) indicate on the list of electors that the elector has received a special ballot.

DIVISION 3Electors Resident Outside Canada

Marginal note:Definitions

220 The definitions in this section apply in this Division.

elector

elector means an elector who resides outside Canada. (électeur)

register

register means the register referred to in section 222. (registre)

Marginal note:Inclusion in register of electors resident outside Canada

221 An elector may vote under this Division if

• (a) his or her application for registration and special ballot is received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on the 6th day before polling day; and

• (b) his or her name is entered on the register.

Marginal note:Register of electors

222 The Chief Electoral Officer shall maintain a register of electors in which is entered the surname, given names, gender, date of birth, civic address, mailing address and electoral district of each elector who has filed an application for registration and special ballot in order to vote under this Division and who, at any time before making the application, resided in Canada.

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  • (b) [Repealed, 2018, c. 31, s. 153]

  • (c) the elector’s date of birth;

  • (d) [Repealed, 2018, c. 31, s. 153]

  • (e) the address of the elector’s place of ordinary residence;

  • (f) [Repealed, 2018, c. 31, s. 153]

  • (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.

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 to be provided

225 The Chief Electoral Officer may require an elector whose name appears in the register to provide, within the time fixed by the Chief Electoral Officer, any information that is necessary to update the register.

Marginal note:Deletion of names from register

226 The Chief Electoral Officer shall delete from the register the name of an elector who

• (a) does not provide the information referred to in section 225 within the time fixed by the Chief Electoral Officer;

• (b) makes a signed request to the Chief Electoral Officer to have his or her name deleted from the register;

• (c) has died and concerning whom a request has been received to have the elector’s name deleted from the register, to which request is attached a death certificate or other documentary evidence of the death;

• (d) returns to Canada to reside; or

• (e) cannot be contacted.

• (f) [Repealed, 2018, c. 31, s. 154]

Marginal note:Special ballot

• 227 (1) After approving an application for registration and special ballot and after the issue of the writs, the Chief Electoral Officer shall provide a special ballot to every elector whose name is entered in the register.

• Marginal note:Voting by special ballot

  (2) An elector shall vote by special ballot by

  • (a) writing the name of the candidate of his or her choice on the ballot;

  • (b) placing the ballot in an inner envelope and sealing it;

  • (c) signing the declaration prescribed by the Chief Electoral Officer; and

  • (d) placing the inner envelope and the declaration — if it is not on the outer envelope — in the outer envelope and sealing it.

• Marginal note:Writing candidate’s name

  (3) The candidate shall be indicated on a special ballot by writing the candidate’s given name or initials and surname. If two or more candidates have the same name, their political affiliation shall be indicated.

Marginal note:Sending of outer envelope

228 An elector shall send the sealed outer envelope to the Chief Electoral Officer

• (a) by mail or any other means; or

• (b) by delivering it to a Canadian Embassy, Canadian High Commission or Canadian Consular Office, to a Canadian Forces base or to any place that the Chief Electoral Officer may designate.

Marginal note:Deadline for return of vote

229 The special ballot must be received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on polling day in order to be counted.

Marginal note:Responsibilities of elector

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

• (a) his or her application for registration and special ballot is made within the period specified; and

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

DIVISION 4Electors Residing in Canada

Marginal note:Definition of elector

231 For the purpose of this Division, elector means an elector, other than an incarcerated elector, who resides in Canada and who wishes to vote in accordance with this Division.

Marginal note:Conditions for voting by special ballot

• 232 (1) An elector may vote under this Division if his or her application for registration and special ballot is received by a returning officer in an electoral district or by the special voting rules administrator after the issue of the writs but before 6:00 p.m. on the 6th day before polling day.

• Marginal note:Conditions for voting by special ballot — specified later day

  (2) If, for the purpose of this subsection, the Chief Electoral Officer specifies on his or her Internet site a day that is after the 6th day before polling day but before polling day, an elector may vote under this Division if his or her application for registration and special ballot is received by the returning officer in the elector’s electoral district or by the special voting rules administrator after the issue of the writs but before 6:00 p.m. on the specified day.

• Marginal note:Restriction

  (3) The Chief Electoral Officer may specify a day for the purpose of subsection (2) only if he or she considers that the integrity of the vote will not be affected if applications for registration and special ballots are received after 6:00 p.m. on the 6th day before polling day.

Marginal note:Information required for application

• 233 (1) The application for registration and special ballot shall be in the prescribed form and shall include the following information:

  • (a) the elector’s name and the address of his or her place of ordinary residence;

  • (b) the elector’s date of birth;

  • (c) satisfactory proof of the elector’s identity and residence;

  • (d) the elector’s mailing address; and

  • (e) 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:Electors in danger

  (1.1) An elector who would be under reasonable apprehension of bodily harm if he or she were to indicate the address of his or her place of ordinary residence or his or her mailing address for the purpose of paragraph (1)(a) or (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 the addresses in respect of which the application is made 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.

• 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 to implement agreements made under section 55, but the elector is not required to provide that information.

• (3) [Repealed, 2018, c. 31, s. 158]

234 [Repealed, 2018, c. 31, s. 159]

Marginal note:Vote by special ballot only

235 Once an elector’s application for registration and special ballot has been accepted, the elector may only vote under this Division.

Marginal note:List of electors

236 Once an elector’s application for registration and special ballot has been accepted by the returning officer or special voting rules administrator, he or she shall ensure, in accordance with the Chief Election Officer’s instructions,

• (a) that the elector’s name is entered on the list of electors for the polling division of the elector’s place of ordinary residence, if it is not already included on a list of electors; and

• (b) that there is an indication on the list of electors that the elector has received a special ballot.

Marginal note:Provision of ballot

• 237 (1) Subject to subsection (2) and section 237.1, on acceptance of an elector’s application for registration and special ballot, the elector shall be provided with a special ballot.

• Marginal note:Provision of ballot and envelopes

  (2) If section 241 applies, then, on acceptance of an elector’s application for registration and special ballot, the elector shall be given a ballot, an inner envelope and an outer envelope.

Marginal note:Proof of identity and residence

• 237.1 (1) If an elector goes to the office of a returning officer to receive his or her ballot or special ballot, then before receiving it the elector shall prove his or her identity and residence in accordance with section 143.

• Marginal note:Presence of candidate or representative

  (2) A candidate or their representative may be present at the office when the elector

  • (a) receives the ballot;

  • (b) places the folded ballot in the inner envelope and seals it; and

  • (c) places the inner envelope in the outer envelope and seals it.

• Marginal note:Examination of identification documents

  (3) The candidate or representative may examine but not handle any piece of identification provided by the elector.

• (3.1) [Repealed, 2018, c. 31, s. 161]

• (3.2) [Repealed, 2018, c. 31, s. 161]

• Marginal note:Application of provisions

  (4) For the purposes of this section, the following provisions apply with any necessary modifications in respect of the location in the returning officer’s office where the elector receives his or her ballot or special ballot as though that location were a polling station:

  • (a) sections 135 to 137;

  • (b) sections 143 to 144;

  • (c) subsection 164(1);

  • (d) section 166;

  • (d.1) subsections 281.6(1) to (4);

  • (d.2) section 282.2; and

  • (e) paragraph 489(3)(c).