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

Full Document:  

Act current to 2019-07-01 and last amended on 2019-06-13. Previous Versions

PART 10Advance Polling (continued)

Voting Procedure (continued)

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 the elector has obtained a transfer certificate under section 168.1 or 168.2 or a registration certificate under subsection 169(3).

  • Marginal note:Procedure by election officer

    (3) If an elector whose name does not appear on the revised list of electors has voted, an election officer who is assigned to the advance polling station 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
  • 2018, c. 31, s. 121

Marginal note:Duties of election 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, an election officer who is assigned to the advance polling station shall permit the elector to vote unless the elector fails to prove his or her identity and residence in accordance with section 143 or to make a solemn declaration otherwise required by this Act.

  • Marginal note:Number of advance polling district

    (1.1) An election officer who gives an elector a ballot at an advance polling station shall, before providing the ballot, place on the back of the ballot, in the space indicated in Form 3 of Schedule 1 for the polling division number, the number of the elector’s advance polling district.

  • Marginal note:Record of votes cast

    (2) An election officer who is assigned to the advance polling station shall keep a record in duplicate at the advance polling station, 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 mark on the record the notations that an election officer who is assigned to a polling station is required by this Act to make opposite an elector’s name at the polling station on polling day.

  • 2000, c. 9, s. 174
  • 2007, c. 21, s. 33
  • 2014, c. 12, s. 57
  • 2018, c. 31, s. 122

Marginal note:Opening of advance polling station

  •  (1) At the opening of an advance polling station at 9:00 a.m., an election officer who is assigned to the advance polling station shall, in full view of the candidates or their representatives who are present,

    • (a) on the 1st day of advance polling,

      • (i) open the ballot box and ascertain that it is empty,

      • (ii) seal the ballot box with the seals provided by the Chief Electoral Officer, and

      • (iii) place the ballot box on a table in full view of all present and keep it there until the close of the advance polling station on that day; and

    • (b) on the 2nd, 3rd and 4th days of advance polling, place the ballot box on a table in full view of all present and keep it there until the close of the advance polling station on that day.

  • Marginal note:Close of advance polling station

    (2) At the close of an advance polling station at 9:00 p.m. on each of the four days of advance polling, an election officer who is assigned to the advance polling station shall, in full view of the candidates or their representatives who are present, and in accordance with instructions that the Chief Electoral Officer considers necessary to ensure the integrity of the vote, take the measures set out in those instructions.

  • Marginal note:Other ballot boxes

    (3) If an election officer who is assigned to the advance polling station determines, in accordance with the Chief Electoral Officer’s instructions, that another ballot box is needed at the advance polling station, then an election officer who is assigned to the advance polling station shall, in full view of the candidates or their representatives who are present and in accordance with those instructions,

    • (a) take the steps set out in subparagraphs (1)(a)(i) to (iii) with regard to that other ballot box; and

    • (b) take the steps set out in paragraph (1)(b) and in subsection (2) with regard to the ballot boxes in the circumstances set out in those instructions.

  • Marginal note:Candidates may check seals

    (4) The candidates or their representatives may take note of the serial numbers of the seals on the following ballot boxes at the times indicated:

    • (a) for any ballot box that was used on a day of advance polling, note may be taken when an advance polling station closes on each of the four days of advance polling;

    • (b) for a ballot box that is placed on the table in accordance with subsection (1) or (3), note may be taken when it is placed there; and

    • (c) for each of the ballot boxes that were used for advance polling, note may be taken when the votes are counted on polling day.

  • Marginal note:Custody of ballot boxes

    (5) Until the counting of the ballots on polling day, an election officer shall keep the sealed ballot box or boxes in his or her custody in accordance with the Chief Electoral Officer’s instructions.

  • Marginal note:Recovery of ballot box

    (6) Despite subsection (5), the returning officer may recover any ballot box that another election officer is required under that subsection to have in his or her custody if the returning officer considers that such action is necessary to ensure the integrity of the vote. The returning officer shall inform the Chief Electoral Officer of the matter as soon as possible.

  • Marginal note:Recovery of ballot box — dwelling place or vehicle

    (7) If a ballot box to be recovered is in a dwelling place or a vehicle, the returning officer may enter the dwelling place or vehicle without the occupant’s or owner’s consent only if the returning officer is accompanying a peace officer who enters the dwelling place or vehicle under the authority of a warrant issued under subsection (8).

  • Marginal note:Authority to issue warrant

    (8) On ex parte application by the returning officer, a justice of the peace may issue a warrant authorizing a peace officer to enter a dwelling place or a vehicle, accompanied by the returning officer, if the justice is satisfied by information on oath that

    • (a) a ballot box is in the dwelling place or vehicle;

    • (b) entry to the dwelling place or vehicle is necessary to recover the ballot-box; and

    • (c) entry was refused by the occupant or owner or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant or owner.

  • Marginal note:Telewarrant

    (9) If a returning officer believes that it would not be practical to appear personally to make an application for a warrant under subsection (8), a warrant may be issued by telephone or other means of telecommunication on application submitted by telephone or other means of telecommunication, and section 487.1 of the Criminal Code applies for that purpose with any necessary modifications.

  • 2000, c. 9, s. 175
  • 2014, c. 12, s. 58
  • 2018, c. 31, s. 122

Marginal note:Collecting the record of votes cast at an advance polling station

  •  (1) As soon as possible after the close of advance polling stations on Monday, the 7th day before polling day, the returning officer shall have the original copy of the record of votes cast collected from the advance polling stations.

  • Marginal note:Crossing off names of voters at advance polls from lists

    (2) Without delay after the returning officer collects the records of votes cast at advance polling stations, he or she shall cross off the lists of electors the names of all electors who voted at the advance polling stations.

  • Marginal note:When lists already distributed

    (3) If an official list of electors is sent to a polling station containing the names of electors that appear in the record of votes cast at an advance polling station as having already voted, the returning officer shall instruct an election officer who is assigned to the polling station to cross their names off the list, and the election officer shall do so without delay.

  • 2000, c. 9, s. 176
  • 2018, c. 31, s. 123

PART 11Special Voting Rules

Interpretation and Application

Marginal note:Definitions

 The definitions in this section apply in this Part, and Parts 11.1 and 19.

administrative centre

administrative centre[Repealed, 2018, c. 31, s. 124]

application for registration and special ballot

application for registration and special ballot means an application completed by an elector in order to vote under this Part. (demande d’inscription et de bulletin de vote spécial)

Canadian Forces elector

Canadian Forces elector[Repealed, 2018, c. 31, s. 124]

commanding officer

commanding officer means the commanding officer of a unit. (commandant)

coordinating officer

coordinating officer means the person so designated by the Minister of National Defence under subsection 199(1) or a person so designated by the minister responsible for corrections in a province under section 246. (agent coordonnateur)

deputy returning officer

deputy returning officer[Repealed, 2018, c. 31, s. 124]

incarcerated elector

incarcerated elector means an elector who is incarcerated in a correctional institution. (électeur incarcéré)

inner envelope

inner envelope means an envelope, including one that is supplied by the Chief Electoral Officer, in which a ballot or special ballot is to be enclosed after it has been marked. (enveloppe intérieure)

liaison officer

liaison officer means an elector designated as a liaison officer under subsection 199.2(1) or a person appointed as a liaison officer under subsection 248(1). (agent de liaison)

outer envelope

outer envelope means an envelope, including one that is supplied by the Chief Electoral Officer, in which a ballot or special ballot is to be transmitted after it has been marked and enclosed in an inner envelope. (enveloppe extérieure)

special ballot

special ballot means a ballot, other than a ballot referred to in section 241, that is provided to an elector who is entitled to vote under this Part. (bulletin de vote spécial)

special ballot officer

special ballot officer means a person who is appointed by the Chief Electoral Officer under section 183 or 184. (agent des bulletins de vote spéciaux)

special voting rules administrator

special voting rules administrator means a person who is appointed under section 181. (administrateur des règles électorales spéciales)

statement of ordinary residence

statement of ordinary residence[Repealed, 2018, c. 31, s. 124]

unit

unit has the same meaning as in subsection 2(1) of the National Defence Act and includes a base or other element. (unité)

unit election officer

unit election officer means an elector designated as a unit election officer under paragraph 205(1)(b). (fonctionnaire électoral d’unité)

voting territory

voting territory[Repealed, 2018, c. 31, s. 124]

  • 2000, c. 9, s. 177
  • 2018, c. 31, s. 124
 
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