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

Full Document:  

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

PART 11Special Voting Rules (continued)

Interpretation and Application (continued)

Marginal note:Application

  •  (1) The voting procedures contained in this Part apply to general elections only.

  • Marginal note:Exception

    (2) The Chief Electoral Officer may, by instructions, adapt this Part so that any or all of its provisions apply to a by-election.

Marginal note:Instructions

 For the purpose of applying this Part to, or adapting any provision of this Part in respect of, a particular circumstance, the Chief Electoral Officer may issue any instructions that he or she considers necessary in order to execute its intent.

DIVISION 1Administration and General Procedures

 [Repealed, 2018, c. 31, s. 125]

Marginal note:Appointment of special voting rules administrator

 The Chief Electoral Officer shall appoint, in the prescribed form, a special voting rules administrator.

Marginal note:Duties of special voting rules administrator

 The special voting rules administrator shall

  • (a) secure suitable premises;

  • (b) retain the solemn declaration of each special ballot officer that is made under subsection 23(1);

  • (c) obtain from the liaison officers the lists prepared under paragraph 204(1)(b);

  • (d) obtain from the liaison officers the lists of the names of unit election officers that the commanding officers are required to provide;

  • (e) distribute the election materials and the list of candidates;

  • (f) receive, validate, examine and sort the completed outer envelopes that contain special ballots marked by electors;

  • (g) proceed with the counting of the votes of electors; and

  • (h) communicate the results of the votes cast in accordance with this Part.

  • 2000, c. 9, s. 182
  • 2018, c. 31, s. 126

Marginal note:Special ballot officers

  •  (1) After the issue of the writs, the Chief Electoral Officer shall appoint a minimum of six special ballot officers as follows:

    • (a) three, on the recommendation of the Prime Minister or a person whom the Prime Minister designates in writing;

    • (b) two, on the recommendation of the Leader of the Opposition or a person whom that Leader designates in writing; and

    • (c) one, on the recommendation of the Leader of the registered party that has the third largest number of members in the House of Commons as of the last general election, or a person whom that Leader designates in writing.

  • Marginal note:Appointment of special ballot officers

    (2) A special ballot officer shall be appointed in the prescribed form.

Marginal note:Appointment of additional special ballot officers

  •  (1) If the Chief Electoral Officer is of the opinion that the number of special ballot officers appointed under section 183 is insufficient, the Chief Electoral Officer shall appoint additional special ballot officers on recommendations that are, as nearly as possible, in accordance with subsection 183(1).

  • Marginal note:Decision of Chief Electoral Officer

    (2) If the registered parties do not nominate the additional special ballot officers under subsection (1) within 24 hours after notification by the Chief Electoral Officer, the Chief Electoral Officer shall make the appointments from among individuals that he or she selects.

Marginal note:Merger of parties

  •  (1) In the case of a merger of two or more of the registered parties that are represented by the Prime Minister, the Leader of the Opposition or the Leader of the registered party that has the third largest number of members in the House of Commons as of the last general election, the person who may recommend special ballot officers under paragraph 183(1)(c) is the leader of the registered party with the largest number of members in the House of Commons as of the last general election among registered parties other than those three.

  • Marginal note:Decision of Chief Electoral Officer

    (2) In the case of a merger referred to in subsection (1), if there is no registered party whose leader may nominate special ballot officers under paragraph 183(1)(c), the Chief Electoral Officer shall make the appointments from among individuals that he or she considers appropriate.

Marginal note:Form of special ballots

 Special ballots supplied by the Chief Electoral Officer to electors under this Part shall be in accordance with Form 4 of Schedule 1.

Marginal note:Distribution of election materials

 Without delay after the writs are issued, the special voting rules administrator shall distribute to commanding officers and, as the special voting rules administrator considers appropriate, to any other person or to any place the election materials necessary to carry out the purposes and provisions of this Part, including materials for the purpose of determining in which electoral district an elector is entitled to vote.

  • 2018, c. 31, s. 127

Marginal note:List of candidates

 The Chief Electoral Officer shall establish a list of candidates nominated in each electoral district and, in accordance with section 117, set out the political affiliation of each of them.

Marginal note:Delivery of list of candidates

 Without delay after a list of candidates is established, the special voting rules administrator shall provide the list to the coordinating officer, to every liaison officer and commanding officer and, as the special voting rules administrator considers appropriate, to any other person.

  • 2000, c. 9, s. 188
  • 2018, c. 31, s. 128

 [Repealed, 2018, c. 31, s. 128]

DIVISION 2Canadian Forces Electors

Interpretation

Marginal note:Definitions

 The definitions in this section apply in this Division.

alternative address

alternative address means the address of the office of the returning officer for the electoral district of the elector’s place of ordinary residence. (adresse de substitution)

elector

elector means a person referred to in section 191. (électeur)

service number

service number means a unique identifier assigned by the Canadian Forces under the National Defence Act to each member of the Canadian Forces. (numéro matricule)

voting period

voting period means the period beginning 14 days before polling day and ending 9 days before polling day. (période de scrutin)

  • 2000, c. 9, s. 190
  • 2018, c. 31, s. 130

Marginal note:Election officers

 For the purpose of section 9, subsections 23(1) and (2) and section 23.1, the coordinating officer, liaison officers designated under subsection 199.2(1), commanding officers and unit election officers are deemed to be election officers and paragraph 43(c), subsection 484(1) and paragraph 484(3)(f) also apply to them if they are relieved of duty.

  • 2018, c. 31, s. 131

Voting Entitlement

Marginal note:Qualification and right to vote

 Any of the following persons is entitled to vote under this Division if he or she is qualified as an elector under section 3:

  • (a) a member of the regular force of the Canadian Forces;

  • (b) a member of the reserve force of the Canadian Forces; and

  • (c) a member of the special force of the Canadian Forces.

  • (d) [Repealed, 2018, c. 31, s. 133]

  • 2000, c. 9, s. 191
  • 2018, c. 31, s. 133

Registration

Marginal note:Right to register

  •  (1) When a person becomes entitled to vote under this Division, the person’s commanding officer shall inform him or her of the right to ask the Chief Electoral Officer to include him or her in the Register of Electors or, if already included in it, to ask for his or her registration to be updated.

  • Marginal note:Right to register — future elector

    (2) When a future elector is enrolled in the Canadian Forces, or when a member of the Canadian Forces becomes qualified as a future elector, the future elector’s commanding officer shall inform him or her of the right to ask the Chief Electoral Officer to include him or her in the Register of Future Electors or, if already included in it, to ask for his or her registration to be updated.

  • Marginal note:Service number

    (3) An elector, or a future elector who is a member of the Canadian Forces, who asks the Chief Electoral Officer to include him or her in the Register of Electors or Register of Future Electors, or asks for his or her registration to be updated, must provide his or her service number to the Chief Electoral Officer.

  • 2000, c. 9, s. 192
  • 2018, c. 31, s. 134
 
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