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 10Advance Polling (continued)

Voting Procedure (continued)

Marginal note:Examining and sealing of ballot box

  •  (1) At the opening of an advance polling station at noon on each of the four days of advance polling, the deputy returning officer shall, in full view of the candidates or their representatives who are present,

    • (a) open the ballot box provided for that day and ascertain that it is empty;

    • (b) seal the ballot box with the seals provided by the Chief Electoral Officer; and

    • (c) 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 poll — each day

    (2) At the close of an advance polling station at 8:00 p.m. on each of the 1st, 2nd and 3rd days of advance polling, the deputy returning officer shall, in full view of the candidates or their representatives who are present,

    • (a) unseal and open the ballot box;

    • (b) empty the ballots cast during that day, in a manner that does not disclose for whom any elector has voted, into the envelope supplied for the purpose, seal the envelope with the seal provided by the Chief Electoral Officer and indicate on it the number of ballots contained in it;

    • (c) count the spoiled ballots, place them in the envelope supplied for the purpose, seal the envelope and indicate on it the number of spoiled ballots contained in it;

    • (d) count the unused ballots and the number of electors who have voted at the advance polling station and place the unused ballots and a copy of the record of votes cast at the advance polling station in the envelope supplied for the purpose, seal the envelope with the seal provided by the Chief Electoral Officer and indicate on it the number of unused ballots contained in it and the number of electors who have voted;

    • (e) place the envelopes referred to in paragraphs (b) and (c) in the ballot box after the signatures have been made as described in subsection (4), and seal the ballot box; and

    • (f) after the signatures have been made as described in subsection (4), place the envelope referred to in paragraph (d) in a box provided by the Chief Electoral Officer and seal the box with a seal provided by the Chief Electoral Officer.

  • Marginal note:Close of advance poll — last day

    (3) At the close of an advance polling station at 8:00 p.m. on the 4th day of advance polling, the deputy returning officer shall, in full view of the candidates or their representatives who are present,

    • (a) unseal and open the ballot box;

    • (b) empty the ballots cast during that day, in a manner that does not disclose for whom any elector has voted, into the envelope supplied for the purpose, seal the envelope with the seal provided by the Chief Electoral Officer and indicate on it the number of ballots contained in it;

    • (c) count the spoiled ballots, place them in the envelope supplied for the purpose, seal the envelope and indicate on it the number of spoiled ballots contained in it;

    • (d) count the unused ballots and the number of electors who have voted at the advance polling station and place the unused ballots and a copy of the record of votes cast at the advance polling station in the envelope supplied for the purpose, seal the envelope with the seal provided by the Chief Electoral Officer and indicate on it the number of unused ballots contained in it and the number of electors who have voted; and

    • (e) place the envelopes referred to in paragraphs (b) to (d) in the ballot box after the signatures have been made as described in subsection (4), and seal the ballot box.

  • Marginal note:Affixing of signatures

    (4) The deputy returning officer and poll clerk shall place their signatures on the seals affixed to the envelopes referred to in paragraphs (2)(b) to (d) and (3)(b) to (d). The candidates or their representatives who are present may also place their signatures on the seals.

  • Marginal note:Re-opening of advance poll

    (5) At the re-opening of an advance polling station at noon on the 2nd, 3rd and 4th days of advance polling, the deputy returning officer shall, in full view of the candidates or their representatives who are present,

    • (a) unseal and open the box referred to in paragraph (2)(f) that was used on the previous day of advance polling, take out and open the envelope that contains the unused ballots and the record of votes cast at the advance polling station and dispose of the box; and

    • (b) open, seal and place a new ballot box in accordance with paragraphs (1)(a) to (c).

  • Marginal note:Custody of ballot box

    (6) In the intervals between voting hours at the advance polling station and until the counting of the ballots on polling day, the deputy returning officer shall keep the sealed ballot boxes in his or her custody.

  • Marginal note:Recovery of ballot box

    (7) Despite subsection (6), the returning officer may recover any ballot box that is in a deputy returning officer’s custody if the Chief Electoral Officer, being of the opinion that such action is necessary to ensure the integrity of the vote, directs the returning officer to do so.

  • Marginal note:Candidates may check seals

    (8) When an advance polling station closes on each of the four days of advance polling, the candidates or their representatives may take note of the serial number of the seal on the ballot box, and on the box referred to in paragraph (2)(f) that is used on that day, if any. When the advance polling station is re-opened on the 2nd, 3rd and 4th days of advance polling, they may again take note of the serial number of the seal on the box referred to in paragraph (2)(f) that was used on the previous day of voting. When the votes are counted on polling day, they may take note of the serial number of the seal on each of the ballot boxes used for advance polling.

  • 2000, c. 9, s. 175
  • 2014, c. 12, s. 58

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 the deputy returning officer to cross their names off the list, and the deputy returning officer shall do so without delay.

PART 11Special Voting Rules

Interpretation and Application

Marginal note:Definitions

 The definitions in this section apply in this Part.

administrative centre

administrative centre means an area established under section 180 for the distribution of materials and the provision of information. (centre administratif)

application for registration and special ballot

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

Canadian Forces elector

Canadian Forces elector means an elector who is entitled to vote under Division 2. (électeur des Forces canadiennes)

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 means an elector so designated in accordance with this Part by a commanding officer or returning officer. (scrutateur)

incarcerated elector

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

inner envelope

inner envelope means an envelope that is supplied by the Chief Electoral Officer in which a 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 that is supplied by the Chief Electoral Officer for the transmission of a ballot 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 supplied 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 means a statement completed under section 194 or 195. (déclaration de résidence habituelle)

unit

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

voting territory

voting territory means an area that is established by or under section 180. (territoire de vote)

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