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 11Special Voting Rules (continued)

DIVISION 2Canadian Forces Electors (continued)

Statement of Ordinary Residence (continued)

Marginal note:Completion by reserve member not on active service

  •  (1) A member of the reserve force of the Canadian Forces who is not on active service and who, at any time during the period beginning on the issue of the writs and ending on the Saturday immediately before polling day, is on full-time training or service, shall complete a statement of ordinary residence in the prescribed form that indicates

    • (a) the member’s surname, given names, sex and rank;

    • (b) the member’s date of birth;

    • (c) the civic address of the member’s place of ordinary residence in Canada immediately before that full-time training or service began; and

    • (d) the member’s current mailing address.

  • Marginal note:Completion by reserve member on active service

    (2) Every member of the reserve force of the Canadian Forces who is placed on active service, other than a member who immediately before being placed on active service was on full-time training or service and completed a statement of ordinary residence in accordance with subsection (1) after that full-time training or service began, shall complete a statement of ordinary residence in the same form as in subsection (1) that indicates

    • (a) the member’s surname, given names, sex and rank;

    • (b) the member’s date of birth;

    • (c) the civic address of the member’s place of ordinary residence in Canada immediately before the member was placed on active service; and

    • (d) the member’s current mailing address.

  • Marginal note:Members of reserve force not entitled to vote

    (3) A member of the reserve force of the Canadian Forces referred to in subsection (1) or (2) who was not qualified as an elector at an election while on full-time training or service shall, without delay after becoming qualified, complete a statement of ordinary residence in accordance with subsection (1) or (2), as the case may be, that indicates a place of ordinary residence described in subsection (4).

  • Marginal note:Change of ordinary residence, etc.

    (4) An elector may amend the information in his or her statement of ordinary residence and may indicate as a place of ordinary residence the civic address of

    • (a) the place of ordinary residence of a person with whom the elector would live but for his or her being on training or service or a person designated by the elector as next of kin;

    • (b) the place where the elector is residing by reason of his or her being on training or service; or

    • (c) the elector’s place of ordinary residence immediately before being on training or service.

  • Marginal note:When no statement completed

    (5) An elector described in subsection (1), (2) or (3) who has not completed a statement of ordinary residence in accordance with subsection (1) or (2), as the case may be, may do so at any time.

  • Marginal note:Coming into force of amendments

    (6) An amendment to a statement of ordinary residence takes effect

    • (a) if it is made during an election period, 14 days after polling day; and

    • (b) if it is made at any other time, 60 days after the commanding officer of the elector’s unit receives it.

  • Marginal note:Optional information

    (7) In addition to the information specified in subsection (1), the Chief Electoral Officer may invite the member to provide other information that the Chief Electoral Officer considers necessary to implement agreements made under section 55, but the member is not required to provide that information.

Marginal note:Statement to be sent to Chief Electoral Officer

  •  (1) The original of a statement of ordinary residence of an elector, other than a statement completed under section 195, shall be sent to the Chief Electoral Officer and a copy of that original shall be kept in the unit in which the elector is serving.

  • Marginal note:Validation

    (2) On receiving the statement of ordinary residence, the Chief Electoral Officer shall

    • (a) validate it by indicating on it the name of the electoral district that includes the place of ordinary residence shown in the statement; and

    • (b) return it to the commanding officer of the unit in which the elector is serving.

  • Marginal note:Retention of validated statement

    (3) On receiving the statement of ordinary residence, the commanding officer shall destroy the copy kept under subsection (1) and keep the validated original with the elector’s unit service documents.

  • Marginal note:Prior statements to be destroyed

    (4) On receiving the validated statement of ordinary residence, the commanding officer may destroy any other original or copy of a statement of ordinary residence that was filed with the elector’s unit service documents.

Marginal note:Filing of reservists’ statements

 A statement of ordinary residence completed by a member of the reserve force of the Canadian Forces under section 195 shall be filed with the unit in which the member is on full-time training or service or active service, as the case may be.

Marginal note:Retention of statements

 Statements of ordinary residence shall be retained for a period of one year after a person ceases to be entitled to vote under this Division and may be destroyed at the end of that period.

Coordinating Officer

Marginal note:Designation

  •  (1) The Minister of National Defence shall designate a person as a coordinating officer to work, during and between elections, with the Chief Electoral Officer in carrying out the purposes and provisions of this Division.

  • Marginal note:Duties

    (2) The coordinating officer shall, on request, provide to the Chief Electoral Officer the following information relating to each elector:

    • (a) the elector’s surname, given names, sex and rank;

    • (b) the elector’s date of birth;

    • (c) the civic address of the elector’s place of ordinary residence indicated on any validated statement of ordinary residence; and

    • (d) the elector’s current mailing address.

Steps to Prepare for Vote

Marginal note:Duties of Chief Electoral Officer

 Without delay after the issue of the writs, the Chief Electoral Officer shall inform the Minister of National Defence and the coordinating officer of their issue and of the location of voting territories and administrative centres.

Marginal note:Duties of Minister of National Defence

 On being informed of the issue of the writs, the Minister of National Defence shall designate one or more electors to act as liaison officers for the vote.

Marginal note:Duties of coordinating officer

 On being informed of the issue of the writs, the coordinating officer shall

  • (a) inform each commanding officer of their issue; and

  • (b) inform the Chief Electoral Officer of the name and address of each liaison officer.

Marginal note:Duty of liaison officers to communicate with unit

  •  (1) On being designated, a liaison officer shall communicate with each commanding officer in respect of whose unit the liaison officer has liaison duties, with respect to any matter that relates to the vote.

  • Marginal note:Duty to cooperate with Chief Electoral Officer

    (2) A liaison officer shall cooperate with the Chief Electoral Officer in the administration of the vote.

Duties of Commanding Officers

Marginal note:Notice

  •  (1) On being informed of the issue of the writs, each commanding officer shall

    • (a) publish a notice as a part of unit orders; and

    • (b) prepare a list of the names of the electors of his or her unit.

  • Marginal note:Contents of notice

    (2) The notice shall notify electors that an election has been called and of the date of polling day and shall inform the electors that

    • (a) they may vote in accordance with this Division; and

    • (b) the commanding officer will designate one or more deputy returning officers to collect their votes and fix the voting times during the voting period.

  • Marginal note:Contents of list

    (3) The list shall be arranged alphabetically and shall indicate each elector’s surname, given names, sex and rank, and

    • (a) if the elector’s statement of ordinary residence has been validated, the name of the elector’s electoral district; or

    • (b) if the elector’s statement of ordinary residence has not been validated, the place of ordinary residence as indicated in the statement of ordinary residence.

 
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