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

Full Document:  

Act current to 2019-11-19 and last amended on 2019-06-13. Previous Versions

PART 9Voting (continued)

Polling Day (continued)

Duties of Election Officers Assigned to Polling Station

Marginal note:Duties

 An election officer assigned to a polling station — and not necessarily the same election officer for all of the following — shall

  • (a) make, on the prescribed form, the entries required under this Act;

  • (b) as soon as the elector’s ballot has been deposited in the ballot box, indicate, beside the name of the elector on the list of electors, that the elector has voted;

  • (c) indicate, if applicable, on the prescribed form that the elector has voted under a transfer certificate issued under section 158 or 159 and give the number of the certificate;

  • (d) [Repealed, 2018, c. 31, s. 110]

  • (e) indicate, if applicable, on the prescribed form that the elector has voted under section 146;

  • (f) indicate, if applicable, on the prescribed form that the elector has made a solemn declaration and the type of solemn declaration;

  • (g) indicate, if applicable, on the prescribed form that the elector refused to comply with a legal requirement to provide the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, or to make a solemn declaration;

  • (h) indicate, if applicable, on the prescribed form that the elector has been allowed to vote under subsection 148.1(2);

  • (i) indicate, if applicable, on the prescribed form that an elector has voted in the circumstances described in section 147, that the solemn declaration referred to in subsection 549.1(1) has been made or that any other solemn declaration that was required to be made was made, note any objection that was made on behalf of any of the candidates and indicate the candidate’s name;

  • (i.1) prepare, at intervals of no less than 30 minutes, using the prescribed form and as directed by the Chief Electoral Officer, a document permitting the identification of every elector who during that interval has exercised his or her right to vote on polling day — excluding electors who registered on that day — and, on request, provide it to a candidate’s representative;

  • (i.2) prepare, each day after the close of the advance polling station, using the prescribed form and as directed by the Chief Electoral Officer, a document permitting the identification of every elector who has exercised his or her right to vote on that day — excluding electors who registered on that day — and, on request, provide it to a candidate’s representative; and

  • (j) indicate, if applicable, on the prescribed form, that an elector has voted under a registration certificate issued under subsection 161(4).

  • 2000, c. 9, s. 162
  • 2007, c. 21, s. 28
  • 2014, c. 12, s. 52
  • 2018, c. 31, s. 110

Secrecy

Marginal note:Secret vote

 The vote is secret.

Marginal note:Procedure in case of contravention of secrecy

  •  (1) It is the duty of the election officers who are present at the polling station to draw the attention of any elector to an offence that the elector commits in contravening any of paragraphs 281.6(3)(a) to (c) and to the punishment to which the elector is liable, but the elector shall be allowed to vote in the usual way if he or she has not already done so.

  • Marginal note:Clarification

    (2) For greater certainty, if one election officer performs his or her duty under subsection (1) with regard to an elector, no other election officer need do so with regard to that elector.

  • 2000, c. 9, s. 164
  • 2018, c. 31, s. 111

Audit

Marginal note:Engagement of auditor

 For each general election and by-election, the Chief Electoral Officer shall engage an auditor that he or she considers to have technical or specialized knowledge — other than a member of his or her staff or an election officer — to perform an audit and report on whether election officers have properly exercised any of the powers conferred on them under this Act, or properly performed any of the duties imposed on them under this Act, that are specified by the Chief Electoral Officer.

  • 2014, c. 12, s. 53
  • 2018, c. 31, s. 112

Prohibitions

Marginal note:Prohibition — use of loudspeakers on polling day

 No person shall use a loudspeaking device within hearing distance of a polling station on polling day for the purpose of promoting or opposing a political party that is listed on the ballot under the name of a candidate or the election of a candidate.

  • 2000, c. 9, s. 165
  • 2001, c. 21, s. 13

Marginal note:Prohibitions — emblems, etc., in polling station

  •  (1) No person shall

    • (a) post or display in, or on the exterior surface of, a polling place any campaign literature or other material that could be taken as an indication of support for or opposition to a political party that is listed on the ballot under the name of a candidate or the election of a candidate; and

    • (b) while in a polling station, wear any emblem, flag, banner or other thing that indicates that the person supports or opposes any candidate or political party that is listed on the ballot under the name of a candidate, or the political or other opinions entertained, or supposed to be entertained, by the candidate or party.

    • (c) [Repealed, 2018, c. 31, s. 113]

  • Marginal note:Exception

    (2) Despite paragraph (1)(b), a representative of a candidate in a polling station may, in the manner authorized by the Chief Electoral Officer, wear a badge identifying his or her function and the name of the political party that is listed on the ballot under the name of the candidate.

  • 2000, c. 9, s. 166
  • 2001, c. 21, s. 14
  • 2018, c. 31, s. 113

 [Repealed, 2018, c. 31, s. 114]

PART 10Advance Polling

Establishment of Advance Polling Stations

Marginal note:Establishment of advance polling districts

  •  (1) Each returning officer shall, as directed by the Chief Electoral Officer, establish in his or her electoral district advance polling districts that consist of one or more polling divisions.

  • Marginal note:Description of districts

    (2) The returning officer shall give the Chief Electoral Officer a description of each advance polling district that is established.

  • Marginal note:Establishment of advance polling station

    (3) An advance polling station shall be established in each advance polling district.

  • Marginal note:Combining advance polling districts

    (4) When a request is made to a returning officer not later than four days after the issue of the writ, the returning officer may, with the prior approval of the Chief Electoral Officer, combine two advance polling districts into one district.

  • Marginal note:Request to move an advance polling station

    (5) When a request is made to a returning officer not later than four days after the issue of the writ to change the location of an advance polling station, the returning officer, with the prior approval of the Chief Electoral Officer, may do so.

  • Marginal note:Accessibility

    (6) An advance polling station shall be in premises that are accessible to electors with a disability.

  • Marginal note:Exception

    (7) If a returning officer is unable to secure suitable premises for an advance 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 advance polling station in premises that are not accessible to such electors.

  • Marginal note:Advance polling station in more than one premises

    (8) If the returning officer is of the opinion that an advance polling district consists of or includes remote, isolated or low-density communities, the returning officer may, with the prior approval of the Chief Electoral Officer and in accordance with the Chief Electoral Officer’s instructions, establish the advance polling station for that district in premises in more than one such community, and have the election officers who are assigned to the advance polling station — along with the ballot box, ballots and other necessary election documents — be at given ones of those premises on different days of advance polling to take electors’ votes. For greater certainty, subsections (5) to (7) apply to the advance polling station.

  • 2000, c. 9, s. 168
  • 2007, c. 21, s. 29
  • 2018, c. 31, s. 115

Transfer Certificates

Marginal note:Transfer certificate for candidate

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

  • Marginal note:Transfer certificate for election officer

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

  • Marginal note:Condition

    (3) A transfer certificate issued under subsection (2) authorizes the person to vote at the advance polling station named in it only if, on one of the days of advance polling, the person performs the duty specified in the certificate at the place mentioned in the certificate.

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

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

  • 2018, c. 31, s. 116
 
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