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 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 [Repealed, 2018, c. 31, s. 125]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 oath of office of each special ballot officer;

  • (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 deputy returning 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.

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.

elector

elector means a person who is a Canadian Forces elector under section 191. (électeur)

voting period

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

Voting Entitlement and Electoral Districts

Marginal note:Canadian Forces electors

 Any of the following persons is a Canadian Forces elector if he or she is qualified as an elector under section 3 and is not disentitled from voting at an election under section 4:

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

  • (b) a member of the reserve force of the Canadian Forces on full-time training or service or on active service;

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

  • (d) a person who is employed outside Canada by the Canadian Forces as a teacher in, or as a member of the administrative support staff for, a Canadian Forces school.

Marginal note:Voting limited to electoral district of ordinary residence

 An elector is only entitled to vote under this Division for a candidate in the electoral district that includes the place of ordinary residence that the elector has named in his or her statement of ordinary residence.

Marginal note:Voting in actual place of ordinary residence

 An elector who has not voted under this Division may vote at the polling station established for the polling division of the elector’s place of ordinary residence named in section 192 but only if he or she ordinarily resides in the electoral district referred to in that section as of polling day.

Statement of Ordinary Residence

Marginal note:Completion on enrolment, etc.

  •  (1) In order to vote under this Division, a person shall, without delay after becoming an elector described in paragraph 191(a), (c) or (d) by virtue of his or her being enrolled in or hired by the Canadian Forces, complete a statement of ordinary residence in the prescribed form that indicates

    • (a) his or her surname, given names, sex and rank;

    • (b) his or her date of birth;

    • (c) the civic address of his or her place of ordinary residence in Canada immediately before the enrolment or hiring; and

    • (d) his or her current mailing address.

  • Marginal note:Completion on becoming ordinarily resident

    (2) A person who cannot complete a statement of ordinary residence under subsection (1) because he or she did not have a place of ordinary residence in Canada when enrolled in or hired by the Canadian Forces shall, without delay after being able to indicate a place referred to in paragraph (4)(a) or (b) as his or her place of ordinary residence, complete a statement of ordinary residence in accordance with subsection (1), indicating that place as his or her place of ordinary residence.

  • Marginal note:Members of Canadian Forces not entitled to vote

    (3) A person who was not qualified as an elector at an election when enrolled in or hired by the Canadian Forces shall, without delay after becoming qualified, complete a statement of ordinary residence in accordance with subsection (1) 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 the spouse, the common-law partner, a relative or a dependant of the eligible elector, a relative of his or her spouse or common-law partner or a person with whom the elector would live but for his or her being enrolled in or hired by the Canadian Forces;

    • (b) the place where the member is residing by reason of his or her performance of services as a member of the Canadian Forces; or

    • (c) the elector’s place of ordinary residence immediately before being enrolled in or hired by the Canadian Forces.

  • 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) 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 elector to provide other information that the Chief Electoral Officer considers necessary to implement agreements made under section 55, but the elector is not required to provide that information.

  • 2000, c. 9, s. 194, c. 12, s. 40
 
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