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

Full Document:  

Act current to 2019-04-25 and last amended on 2019-04-01. Previous Versions

PART 9Voting (continued)

Polling Day (continued)

Special Voting Procedures (continued)

Marginal note:Use of interpreter

 A deputy returning officer may appoint and swear a language or sign language interpreter to assist the officer 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

  •  (1) At a polling station that has been established in a home for the aged or in a chronic care facility, when the deputy returning officer considers it necessary, the deputy returning officer and the poll clerk 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, the deputy returning officer 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

  •  (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) A returning officer or an assistant returning officer shall issue a transfer certificate to any person whose name appears on the official list of electors for a polling station and who has been appointed, after the last day of advance polls, to act as an election officer for another polling station.

  • 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 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.

  • 2000, c. 9, s. 158
  • 2007, c. 21, s. 24

Marginal note:Transfer certificate for elector with a disability

  •  (1) An elector who is in a wheelchair or who has a physical disability, and who is unable to vote without difficulty in his or her polling division because it does not have a polling station with level access, may apply for a transfer certificate to vote at another polling station with level access in the same electoral district.

  • Marginal note:Application requirements

    (2) The application shall be in the prescribed form and shall be personally delivered to the returning officer or assistant returning officer for the elector’s electoral district by the elector, his or her friend, spouse, common-law partner or relative, or a relative of his or her spouse or common-law partner.

  • Marginal note:Issue of transfer certificate to disabled elector

    (3) The returning officer or assistant returning officer shall issue a transfer certificate in the prescribed form, and hand the certificate to the person who delivered the application to the officer, if the officer is satisfied that

    • (a) the elector’s name appears on a list of electors for the electoral district; and

    • (b) the polling station established for the polling division in which the elector resides does not have level access.

  • 2000, c. 9, s. 159, c. 12, s. 40
  • 2007, c. 21, s. 25

Marginal note:Signing, numbering and recording transfer certificate

 The returning officer or assistant returning officer by whom a transfer certificate is issued 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 the deputy returning officer for the polling station on whose list of electors the name of the person to whom the certificate has been issued appears.

Polling Day Registration

Marginal note:Registration in person

  •  (1) An elector whose name is not on the list of electors may register in person on polling day if the elector

    • (a) provides as proof of his or her identity and residence the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing an address that proves his or her residence; or

    • (b) proves his or her identity by providing two pieces of identification of a type authorized under subsection 143(2.1) that establish the elector’s name, proves his or her residence by taking an oath in writing in the prescribed form — the form including the statement that he or she has received the oral advice set out in subsection 161.1(1) — and is accompanied by another elector whose name appears on the list of electors for the same polling division who

      • (i) proves their own identity and residence by providing the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing either an address that proves that other elector’s residence or an address that is consistent with information related to that other elector that appears on the list of electors, and

      • (ii) attests to the elector’s residence on oath in writing in the prescribed form, the form including the statements that

        • (A) they have received the oral advice set out in subsection 161.1(2),

        • (B) they know the elector personally,

        • (C) they know that the elector resides in the polling division,

        • (D) they have not attested to the residence of another elector at the election, and

        • (E) their own residence has not been attested to by another elector at the election.

  • Marginal note:Place of registration

    (2) Where subsection (1) applies, the registration may take place before

    • (a) a registration officer at a registration desk established under subsection 39(1); or

    • (b) a deputy returning officer at a polling station with respect to which the Chief Electoral Officer determines that the officer be authorized to receive registrations.

  • Marginal note:Representative of each candidate

    (3) In the case of a registration under paragraph (2)(a), the registration officer shall permit one representative of each candidate in the electoral district to be present.

  • Marginal note:Examination of identification documents

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

  • Marginal note:Registration certificate

    (4) If the elector satisfies the requirements of subsection (1), the registration officer or deputy returning officer, as the case may be, shall complete a registration certificate in the prescribed form authorizing the elector to vote and the elector shall sign it. The registration certificate shall include a statement by the elector that he or she is qualified as an elector under section 3.

  • Marginal note:List deemed to be modified

    (5) When a registration certificate is given under subsection (4), the list of electors is deemed, for the purposes of this Act, to have been modified in accordance with the certificate.

  • Marginal note:Prohibition — registration on polling day

    (5.1) It is prohibited for any person to

    • (a) knowingly apply to be registered on polling day in a name that is not their own;

    • (b) knowingly apply, except as authorized by this Act, to be registered on polling day to vote in a polling division in which they are not ordinarily resident;

    • (c) apply to be registered on polling day to vote in an electoral district knowing that they are not qualified as an elector or entitled to vote in the electoral district; or

    • (d) compel, induce or attempt to compel or induce any other person to make a false or misleading statement relating to that other person’s qualification as an elector for the purposes of the registration of that other person on polling day.

  • Marginal note:Prohibition — attesting to residence of more than one elector

    (6) No elector shall attest to the residence of more than one elector at an election.

  • Marginal note:Prohibition — attesting to residence (own residence attested to)

    (7) No elector whose own residence has been attested to at an election shall attest to another elector’s residence at that election.

  • 2000, c. 9, s. 161
  • 2007, c. 21, s. 26, c. 37, s. 2
  • 2014, c. 12, s. 50
 
Date modified: