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

Marginal note:Preventing elector from voting

282.6 No person shall prevent or attempt to prevent an elector from voting at an election.

Marginal note:Offering bribe

• 282.7 (1) No person shall, during an election period, directly or indirectly, offer a bribe to influence an elector to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the election.

• Marginal note:Accepting bribe

  (2) No person shall, during an election period, accept or agree to accept a bribe that is offered to them to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the election.

Marginal note:Intimidation, etc.

282.8 No person shall

• (a) by intimidation or duress, compel or attempt to compel a person to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election; or

• (b) by any pretence or contrivance, including by representing that the ballot or special ballot or the manner of voting at an election is not secret, influence or attempt to influence a person to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election.

PART 12Counting Votes

Polling Stations

Marginal note:Counting the votes

• 283 (1) Immediately after the close of a polling station, an election officer who is assigned to the polling station shall count the votes in the presence of

  • (a) another election officer who is assigned to the polling station; and

  • (b) any candidates or their representatives who are present or, if no candidates or representatives are present, at least two electors.

• Marginal note:Tally sheets

  (2) One of those election officers shall supply all the persons referred to in paragraph (1)(b) who are present and who request one with a tally sheet to keep their own score of the voting.

• Marginal note:Steps to follow

  (3) The election officer who counts the votes shall, in the following order,

  • (a) count the number of electors who voted, count the number of those to whom a certificate was given under subsection 161(4), make an entry at the end of the list of electors that states “The number of electors who voted at this election is (stating the number). Of these, the number of electors to whom a certificate was given under subsection 161(4) is (stating the number).”, sign the list and place the list in the envelope supplied for that purpose;

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

  • (c) count the unused ballots that are not detached from the books of ballots, place them with the stubs of the used ballots in the envelope supplied for the purpose, indicate on the envelope the number of unused ballots, and seal it;

  • (d) total the number of electors indicated under paragraph (a) who voted and the numbers arrived at in paragraphs (b) and (c) in order to ascertain that all ballots that were provided by the returning officer are accounted for;

  • (e) open the ballot box and empty its contents onto a table; and

  • (f) examine each ballot, show the ballot to each person who is present, and ask the election officer referred to in paragraph (1)(a) to make a note on the tally sheet beside the name of the candidate for whom the vote was cast for the purpose of arriving at the total number of votes cast for each candidate.

Marginal note:Rejection of ballots

• 284 (1) In examining the ballots, the election officer who counts the votes shall reject one

  • (a) that has not been supplied by him or her;

  • (b) that has not been marked in a circle at the right of the candidates’ names;

  • (c) that is void by virtue of section 76;

  • (d) that has been marked in more than one circle at the right of the candidates’ names; or

  • (e) on which there is any writing or mark by which the elector could be identified.

• Marginal note:Limitation

  (2) No ballot shall be rejected by reason only that an election officer placed on it any writing, number or mark, or failed to remove the counterfoil or to write the elector’s polling division number on the back of the ballot.

• Marginal note:Counterfoils remaining attached

  (3) If a ballot is found with the counterfoil attached, the election officer who counts the votes shall, while concealing the number on it from all persons present and without examining it, remove and destroy the counterfoil.

Marginal note:Ballots not initialled by election officer

285 If the election officer who counts the votes determines that a ballot has not been initialed by an election officer, he or she shall, in the presence of the election officer referred to in paragraph 283(1)(a) and witnesses, initial and count the ballot if satisfied that all ballots that were provided by the returning officer have been accounted for, as described in paragraph 283(3)(d).

Marginal note:Objections to ballots

• 286 (1) One of the election officers referred to in subsection 283(1) shall make a record, in the prescribed form, of every objection to a ballot made by a candidate or candidate’s representative, give a number to the objection, write that number on the ballot and initial it.

• Marginal note:Decision of election officer

  (2) Every question that is raised by the objection shall be decided by the election officer who counts the votes, and the decision is subject to reversal only on a recount or on application under subsection 524(1).

Marginal note:Statement of vote

• 287 (1) The election officer who counts the votes shall prepare a statement of the vote, in the prescribed form, that sets out the number of votes in favour of each candidate and the number of rejected ballots and shall place the original statement and a copy of it in the separate envelopes supplied for the purpose.

• Marginal note:Copies of statement of vote

  (2) The election officer shall give a copy of the statement of the vote to each of the candidates’ representatives present at the count.

Marginal note:Marked ballots

• 288 (1) One of the election officers referred to in subsection 283(1) shall place the ballots for each candidate into separate envelopes, write on each envelope the name of the candidate and the number of votes he or she received, and seal it. The election officers shall sign the seal on each envelope, and the witnesses may also sign them.

• Marginal note:Rejected ballots

  (2) One of the election officers shall place into separate envelopes the rejected ballots, the registration certificates and the list of electors, and shall seal the envelopes.

• Marginal note:Documents enclosed in large envelope

  (3) One of the election officers shall seal in a large envelope supplied for the purpose

  • (a) the envelopes that contain the marked ballots for the candidates, any spoiled ballots, unused ballots or rejected ballots, and the official list of electors; and

  • (b) any other election documents, except for the envelopes that contain the statements of the vote and the registration certificates.

• Marginal note:Documents to be placed in the ballot box

  (4) The large envelope described in subsection (3) and the envelope that contains the copy of the statement of the vote shall be placed in the ballot box.

• Marginal note:Sealing ballot box

  (5) The ballot box shall be sealed with the seals provided by the Chief Electoral Officer.

Marginal note:Solemn declarations

288.01 One of the election officers referred to in subsection 283(1) shall place the form for each solemn declaration made under subsection 143(3) or paragraph 161(1)(b) or 169(2)(b) in an envelope supplied for the purpose.

Marginal note:Periodic statements of electors who voted

288.1 One of the election officers referred to in subsection 283(1) shall place a copy of each document prepared for the purpose of paragraph 162(i.1) in an envelope supplied for the purpose.

Advance Polls

Marginal note:Counting of votes on polling day

• 289 (1) At least two election officers who are assigned to an advance polling station and who are specified in accordance with the Chief Electoral Officer’s instructions shall, at the close of the polling stations on polling day, attend at the place mentioned in the notice of advance poll in subparagraph 172(a)(iii) to count the votes.

• Marginal note:Application of rules for counting votes

  (2) Subsections 283(1) and (2), paragraphs 283(3)(e) and (f) and sections 284 to 288 apply with any necessary modifications to the counting of the votes of an advance poll except that

  • (a) for the application of paragraph 283(3)(e), the two or more election officers who are specified in accordance with the Chief Electoral Officer’s instructions shall open the ballot boxes and empty their contents onto a table; and

  • (b) for the application of subsection 288(4), the large envelope and the envelope that contains the copy of the statement of the vote shall be placed in the ballot box used on the last day of advance polling.

• Marginal note:Prohibition

  (3) Subject to subsection (4), no person shall make a count of the votes cast at an advance poll before the close of voting hours on polling day.

• Marginal note:Exception

  (4) The two or more election officers who are specified in accordance with the Chief Electoral Officer’s instructions may begin counting the votes cast at an advance poll one hour before the close of voting hours on polling day if

  • (a) the returning officer who is responsible for the advance polling station has obtained the Chief Electoral Officer’s prior approval for the counting to begin;

  • (b) the counting is done in accordance with the Chief Electoral Officer’s instructions;

  • (c) the counting is done in a manner that ensures the integrity of the vote; and

  • (d) the counting is done in the presence of any candidates or their representatives who are present or, if no candidates or representatives are present, at least two electors.