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

Full Document:  

Act current to 2021-11-17 and last amended on 2021-06-29. Previous Versions

PART 11Special Voting Rules (continued)

DIVISION 2Canadian Forces Electors (continued)

Voting (continued)

Marginal note:Voting by unit election officer

 A unit election officer who is qualified to vote may vote in accordance with this Division.

Marginal note:Assistance by unit election officer

  •  (1) If an elector is unable to read or because of a disability is unable to vote in the manner described in this Division, the unit election officer shall assist him or her by

    • (a) completing the declaration referred to in section 212 and writing the elector’s name where the elector’s signature is to be written; and

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

  • Marginal note:Note and keeping vote secret

    (2) The unit election officer and an elector acting as a witness shall

    • (a) sign a note on the declaration indicating that the elector was assisted; and

    • (b) keep secret the name of the candidate for whom the elector voted.

Marginal note:Hospitalized or convalescing elector

  •  (1) An elector who is a patient in a service hospital or convalescent institution during the voting times fixed for the polling stations in his or her unit is deemed to be a member of the unit under the command of the officer in charge of the hospital or institution.

  • Marginal note:Unit election officer for hospitalized electors

    (2) If no unit election officer has been designated for a service hospital or convalescent institution, the unit election officer for the unit to which the hospital or institution belongs is the unit election officer for electors who are patients in the hospital or institution.

  • Marginal note:Bed-ridden electors

    (3) A unit election officer for electors who are patients in a service hospital or convalescent institution may, if that officer considers it advisable and the officer in charge of the hospital or institution approves, go from room to room to administer and collect the votes of electors who are confined to bed.

Marginal note:Duty, leave or furlough

 An elector who provides satisfactory evidence of his or her absence from his or her unit during the voting times fixed for the polling stations in that unit because of duty, leave or furlough may apply to a unit election officer of another unit, in accordance with section 211.2, to vote at that officer’s polling station.

Marginal note:Delivery of documents to the commanding officer

  •  (1) The unit election officer shall deliver to the unit’s commanding officer,

    • (a) at the end of each voting day, if feasible, and no later than the end of the voting period, the outer envelopes containing the marked special ballots, the applications for registration and special ballot that were accepted by the unit election officer and the service number of each elector who received a special ballot; and

    • (b) at the end of the voting period, any spoiled outer envelopes, any spoiled special ballots and any other election documents and election materials in the unit election officer’s possession.

  • Marginal note:Delivery of outer envelopes, etc.

    (1.1) On receipt of the outer envelopes and applications for registration and special ballot referred to in paragraph (1)(a), the commanding officer shall deliver them to the special voting rules administrator.

  • Marginal note:Provision of information

    (1.2) On receipt of the service numbers referred to in paragraph (1)(a), the commanding officer shall inform the special voting rules administrator, through the liaison officer, of the identity of the electors who received a special ballot.

  • Marginal note:Delivery of election documents and election materials

    (2) On receipt of the election documents and election materials referred to in paragraph (1)(b), the commanding officer shall deliver them to the special voting rules administrator with all other election documents and election materials in the commanding officer’s possession.

Marginal note:Informing the returning officer

  •  (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

 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

 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

 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

  •  (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

 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

 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

 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

  •  (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

 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

 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

 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

 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

  •  (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

  •  (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]

 
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