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

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Act current to 2019-02-28 and last amended on 2019-01-19. Previous Versions

PART 11Special Voting Rules (continued)

DIVISION 3Electors Temporarily Resident Outside Canada (continued)

Marginal note:Responsibilities of elector

 For the purpose of this Division, an elector has the sole responsibility to ensure that

  • (a) his or her application for registration and special ballot is made within the period specified; and

  • (b) his or her special ballot is received within the period specified to be counted.

DIVISION 4Electors Residing in Canada

Definition of elector

 For the purpose of this Division, elector means an elector, other than a Canadian Forces elector or an incarcerated elector, who resides in Canada and who wishes to vote in accordance with this Division.

Marginal note:Conditions for voting by special ballot

 An elector may vote under this Division if his or her application for registration and special ballot is received after the issue of the writs and before 6:00 p.m. on the 6th day before polling day

  • (a) by a returning officer in an electoral district; or

  • (b) by the special voting rules administrator.

Marginal note:Information required for application

  •  (1) The application for registration and special ballot shall be in the prescribed form and shall include the following information:

    • (a) the elector’s name and place of ordinary residence;

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

    • (c) satisfactory proof of the elector’s identity and residence;

    • (d) the elector’s mailing address; and

    • (e) any other information that the Chief Electoral Officer considers necessary to determine the elector’s entitlement to vote or the electoral district in which he or she may vote.

  • Marginal note:Electors in danger

    (1.1) An elector who would be under reasonable apprehension of bodily harm if he or she were to indicate the mailing address of his or her dwelling place for the purpose of paragraph (1)(d) may apply to the returning officer or special voting rules administrator to use another address for that purpose. The returning officer or special voting rules administrator, unless he or she considers that it would not be in the public interest to do so, shall grant the application and shall not reveal that other address except as required to send the special ballot to the elector. For greater certainty, the granting of the application does not change the elector’s place of ordinary residence for the purposes of this Act.

  • Marginal note:Optional information

    (2) In addition to the information specified in subsection (1), the Chief Electoral Officer may request that the elector 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.

  • Marginal note:Information provided

    (3) An elector who makes an application for registration and special ballot shall indicate whether his or her name is already on a list of electors.

  • 2000, c. 9, s. 233;
  • 2014, c. 12, s. 59.

Marginal note:Name of elector previously included on list of electors

  •  (1) The special voting rules administrator shall inform the returning officer of any elector whose name is on a list of electors for the returning officer’s electoral district and who has received a special ballot from another electoral district. The returning officer shall indicate on the list of electors that the elector has received a special ballot.

  • Marginal note:Name of elector not previously included on list

    (2) If an elector’s name is not already included on a list of electors, the special voting rules administrator shall so inform the returning officer for the electoral district in which the elector is to vote by special ballot. The returning officer shall enter the elector’s name on the list of electors for the appropriate polling division in that electoral district and shall indicate that the elector has received a special ballot.

Marginal note:Vote by special ballot only

 Once an elector’s application for registration and special ballot has been accepted, the elector may only vote under this Division.

Marginal note:Note on the list of electors

 If an elector applies for registration and special ballot in his or her electoral district, the returning officer shall, if necessary, add the elector’s name to the appropriate list of electors and shall indicate on the list that the elector has received a ballot in accordance with this Division.

Marginal note:Provision of ballot

 Subject to section 237.1, on acceptance of an elector’s application for registration and special ballot, the elector shall be given a special ballot, or, if section 241 applies, a ballot, an inner envelope and an outer envelope.

  • 2000, c. 9, s. 237;
  • 2014, c. 12, s. 60.

Marginal note:Proof of identity and residence

  •  (1) If an elector goes to the office of a returning officer to receive his or her ballot or special ballot, then before receiving it the elector shall prove his or her identity and residence in accordance with section 143.

  • Marginal note:Presence of candidate or representative

    (2) A candidate or their representative may be present at the office when the elector

    • (a) receives the ballot;

    • (b) places the folded ballot in the inner envelope and seals it; and

    • (c) places the inner envelope in the outer envelope and seals it.

  • Marginal note:Examination of identification documents

    (3) The candidate or representative may examine but not handle any piece of identification provided by the elector.

  • Marginal note:Prohibition — attesting to residence of more than one elector

    (3.1) No elector shall attest to the residence of more than one elector at an election.

  • Marginal note:Prohibition — attesting to residence (own residence attested to)

    (3.2) No elector whose own residence has been attested to at an election shall attest to another elector’s residence at that election.

  • Marginal note:Application of provisions

    (4) For the purposes of this section, the following provisions apply with any necessary modifications in respect of the location in the returning officer’s office where the elector receives his or her ballot or special ballot as though that location were a polling station:

    • (a) sections 135 to 137;

    • (b) sections 143 and 144;

    • (c) subsection 164(1);

    • (d) section 166; and

    • (e) paragraph 489(3)(c).

  • 2014, c. 12, s. 60.

Marginal note:Voting by special ballot

 An elector who has received a special ballot may vote in accordance with subsections 227(2) and (3).

Marginal note:Sending to Chief Electoral Officer

  •  (1) An elector who does not vote in his or her electoral district shall send the sealed outer envelope to the special voting rules administrator

    • (a) by mail or any other means; or

    • (b) by delivering it to a Canadian Embassy, High Commission or Consular Office, to a Canadian Forces base outside Canada or to any place that the Chief Electoral Officer may designate.

  • Marginal note:Deadline for receipt

    (2) In order to have the special ballot counted, an elector shall ensure that the ballot is received

    • (a) if the special ballot is cast in the elector’s electoral district, at the office of the returning officer before the close of the polling stations on polling day; or

    • (b) if the special ballot is cast outside the elector’s electoral district, at the office of the special voting rules administrator in Ottawa, not later than 6:00 p.m. on polling day.

Marginal note:Responsibilities of elector

 For the purpose of this Division, an elector has the sole responsibility to ensure that

  • (a) his or her application for registration and special ballot is made within the period specified; and

  • (b) his or her special ballot is received within the period specified to be counted as a vote.

 
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