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

Full Document:  

Act current to 2019-02-28 and last amended on 2019-01-19. Previous Versions

PART 10Advance Polling (continued)

Registration

Marginal note:Registration at advance polling station

  •  (1) Every elector whose name is not on the revised list of electors may register in person before the deputy returning officer in the advance polling station where the elector is entitled to vote.

  • Marginal note:Conditions

    (2) An elector shall not be registered unless he or she

    • (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 169.1(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 169.1(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:Examination of identification documents

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

  • Marginal note:Registration certificate

    (3) If the elector satisfies the requirements of subsection (2), the deputy returning officer 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:Entry

    (4) The poll clerk shall indicate on the prescribed form the names of the electors who are permitted to vote under this section.

  • Marginal note:Prohibition — registration at advance polling station

    (4.1) It is prohibited for any person to

    • (a) knowingly apply to be registered at an advance polling station in a name that is not their own;

    • (b) knowingly apply, except as authorized by this Act, to be registered at an advance polling station to vote in an advance polling district in which they are not ordinarily resident;

    • (c) apply to be registered at an advance polling station 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 at an advance polling station.

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

    (5) 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)

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

  • 2000, c. 9, s. 169;
  • 2007, c. 21, s. 30, c. 37, s. 3;
  • 2014, c. 12, s. 54.

Marginal note:Requirement before administering oath — elector

  •  (1) If a person decides to prove his or her residence by taking an oath in writing in the prescribed form, the person who administers the oath shall, before doing so, orally advise the oath-taker of the qualifications for electors and the penalty that may be imposed under this Act on a person who contravenes subsection 169(4.1) or 549(3).

  • Marginal note:Requirement before administering oath — attesting to residence

    (2) If a person decides to attest to an elector’s residence by taking an oath in writing in the prescribed form, the person who administers the oath shall, before doing so, orally advise the oath-taker of the penalty that may be imposed under this Act on a person who contravenes subsection 169(5) or (6) or 549(3).

  • 2007, c. 21, s. 31;
  • 2014, c. 12, s. 55.

Marginal note:List deemed to be modified

 When a registration certificate is completed and signed in accordance with subsection 169(3), the list of electors is deemed to have been modified in accordance with the certificate.

Voting Procedure

Marginal note:Conduct of advance polls

  •  (1) Except as provided in this Part, an advance poll shall be conducted in the same manner as the manner in which the vote at a polling station on polling day is conducted and shall be regarded as such for all purposes of this Act.

  • Marginal note:When advance polling stations to be open

    (2) An advance polling station shall only be open between the hours of noon and 8:00 p.m. on Friday, Saturday, Sunday and Monday, the 10th, 9th, 8th and 7th days, respectively, before polling day.

  • 2000, c. 9, s. 171;
  • 2014, c. 12, s. 56.

Marginal note:Notice of advance poll

 Each returning officer shall, not later than Saturday, the 16th day before polling day,

  • (a) give a notice, in the prescribed form, in the electoral district of the advance poll, that sets out the following information:

    • (i) the numbers of the polling divisions in every advance polling district established by the returning officer,

    • (ii) the location of each advance polling station,

    • (iii) the place where the deputy returning officer of each advance polling station shall count the number of votes cast at the advance polling station, and

    • (iv) that the counting of the votes cast shall take place on polling day as soon after the close of the polling stations as possible; and

  • (b) send two copies of the notice to each candidate and to the Chief Electoral Officer.

Marginal note:Who may vote at advance polls

  •  (1) An elector whose name is on the revised list of electors for a polling division in an advance polling district may vote at the advance polling station established for the advance polling district.

  • Marginal note:Elector not on the revised list

    (2) An elector whose name is not on the revised list of electors may not vote at an advance polling station unless

    • (a) the deputy returning officer has ascertained with the returning officer that the elector is listed on the preliminary list of electors or was registered during the revision period; or

    • (b) the elector has obtained a registration certificate in accordance with subsection 169(3).

  • Marginal note:Procedure by poll clerk

    (3) If an elector whose name does not appear on the revised list of electors has voted, the poll clerk shall indicate on the prescribed form that the elector has voted in accordance with subsection (2).

  • 2000, c. 9, s. 173;
  • 2007, c. 21, s. 32.

Marginal note:Duties of deputy returning officer

  •  (1) If an elector whose name is on the list of electors makes a request to vote at an advance polling station that is established for his or her polling division, the deputy returning officer shall permit the elector to vote unless

    • (a) the elector fails to prove his or her identity and residence in accordance with section 143 or to take an oath otherwise required by this Act; or

    • (b) the person refuses to sign the record of votes cast at an advance polling station referred to in subsection (2), as directed by the poll clerk under that subsection.

  • Marginal note:Record of votes cast

    (2) The poll clerk at the advance polling station shall, under the direction of the deputy returning officer, keep a record in duplicate, in the prescribed form, of the names of all persons who vote at the advance polling station, in the order in which they vote, and shall

    • (a) mark on the record the notations that the poll clerk is required by this Act to make opposite an elector’s name at a polling station on polling day; and

    • (b) direct the elector to sign the record opposite his or her name.

  • 2000, c. 9, s. 174;
  • 2007, c. 21, s. 33;
  • 2014, c. 12, s. 57.
 
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