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

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

PART 9Voting (continued)

Polling Day (continued)

Polling Day Registration (continued)

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 161(5.1) 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 161(6) or (7) or 549(3).

  • 2007, c. 21, s. 27
  • 2014, c. 12, s. 51

Duties of Poll Clerk

Marginal note:Duties of poll clerk

 Each poll clerk shall

  • (a) make, on the prescribed form, the entries that the deputy returning officer directs 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) indicate, if applicable, on the prescribed form that the elector has voted, under paragraph 149(b), without his or her name being on the official list of electors;

  • (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 taken an oath and the type of oath;

  • (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 take an oath;

  • (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 prescribed oath has been taken or that any other oath that was required to be taken was taken, 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

Secrecy

Marginal note:Secret vote

 The vote is secret.

Marginal note:Secrecy during and after poll

  •  (1) Every candidate, election officer or representative of a candidate present at a polling station or at the counting of the votes shall maintain the secrecy of the vote.

  • Marginal note:Secrecy at the poll

    (2) Except as provided by this Act, no elector shall

    • (a) on entering the polling station and before receiving a ballot, openly declare for whom the elector intends to vote;

    • (b) show his or her ballot, when marked, so as to allow the name of the candidate for whom the elector has voted to be known; or

    • (c) before leaving the polling station, openly declare for whom the elector has voted.

  • Marginal note:Procedure in case of contravention of secrecy

    (3) It is the duty of each deputy returning officer to draw the attention of any elector to an offence that the elector commits in contravening subsection (2) 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.

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 deputy returning officers, poll clerks and registration officers have, on all days of advance polling and on polling day, properly exercised the powers conferred on them, and properly performed the duties and functions imposed on them, under sections 143 to 149, 161 to 162 and 169.

  • 2014, c. 12, s. 53

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;

    • (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; and

    • (c) in a polling station or in any place where voting at an election is taking place, influence electors to vote or refrain from voting or vote or refrain from voting for a particular candidate.

  • 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

Marginal note:Prohibitions re ballots, etc.

  •  (1) No person shall

    • (a) apply for a ballot in a name that is not his or her own;

    • (b) use a forged ballot;

    • (c) knowing that he or she is without authority under this Act to do so, provide a ballot to any person; or

    • (d) knowing that he or she is without authority under this Act to do so, have a ballot in his or her possession.

  • Marginal note:Other prohibitions

    (2) No person shall wilfully

    • (a) alter, deface or destroy a ballot or the initials of the deputy returning officer signed on a ballot;

    • (b) put or cause to be put into a ballot box a ballot or other paper otherwise than as provided by this Act;

    • (c) take a ballot out of the polling station; or

    • (d) destroy, take, open or otherwise interfere with a ballot box or book or packet of ballots.

  • Marginal note:Prohibitions — deputy returning officers

    (3) No deputy returning officer shall

    • (a) with the intent of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast, put his or her initials on the back of any paper purporting to be or capable of being used as a ballot at an election; or

    • (b) place on any ballot any writing, number or mark, with intent that the elector to whom the ballot is to be, or has been, given may be identified.

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
 
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