Canada Elections Act

Version of section 175 from 2014-12-19 to 2019-05-07:


Marginal note:Examining and sealing of ballot box

  •  (1) At the opening of an advance polling station at noon on each of the four days of advance polling, the deputy returning officer shall, in full view of the candidates or their representatives who are present,

    • (a) open the ballot box provided for that day and ascertain that it is empty;

    • (b) seal the ballot box with the seals provided by the Chief Electoral Officer; and

    • (c) place the ballot box on a table in full view of all present and keep it there until the close of the advance polling station on that day.

  • Marginal note:Close of advance poll — each day

    (2) At the close of an advance polling station at 8:00 p.m. on each of the 1st, 2nd and 3rd days of advance polling, the deputy returning officer shall, in full view of the candidates or their representatives who are present,

    • (a) unseal and open the ballot box;

    • (b) empty the ballots cast during that day, in a manner that does not disclose for whom any elector has voted, into the envelope supplied for the purpose, seal the envelope with the seal provided by the Chief Electoral Officer and indicate on it the number of ballots contained in it;

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

    • (d) count the unused ballots and the number of electors who have voted at the advance polling station and place the unused ballots and a copy of the record of votes cast at the advance polling station in the envelope supplied for the purpose, seal the envelope with the seal provided by the Chief Electoral Officer and indicate on it the number of unused ballots contained in it and the number of electors who have voted;

    • (e) place the envelopes referred to in paragraphs (b) and (c) in the ballot box after the signatures have been made as described in subsection (4), and seal the ballot box; and

    • (f) after the signatures have been made as described in subsection (4), place the envelope referred to in paragraph (d) in a box provided by the Chief Electoral Officer and seal the box with a seal provided by the Chief Electoral Officer.

  • Marginal note:Close of advance poll — last day

    (3) At the close of an advance polling station at 8:00 p.m. on the 4th day of advance polling, the deputy returning officer shall, in full view of the candidates or their representatives who are present,

    • (a) unseal and open the ballot box;

    • (b) empty the ballots cast during that day, in a manner that does not disclose for whom any elector has voted, into the envelope supplied for the purpose, seal the envelope with the seal provided by the Chief Electoral Officer and indicate on it the number of ballots contained in it;

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

    • (d) count the unused ballots and the number of electors who have voted at the advance polling station and place the unused ballots and a copy of the record of votes cast at the advance polling station in the envelope supplied for the purpose, seal the envelope with the seal provided by the Chief Electoral Officer and indicate on it the number of unused ballots contained in it and the number of electors who have voted; and

    • (e) place the envelopes referred to in paragraphs (b) to (d) in the ballot box after the signatures have been made as described in subsection (4), and seal the ballot box.

  • Marginal note:Affixing of signatures

    (4) The deputy returning officer and poll clerk shall place their signatures on the seals affixed to the envelopes referred to in paragraphs (2)(b) to (d) and (3)(b) to (d). The candidates or their representatives who are present may also place their signatures on the seals.

  • Marginal note:Re-opening of advance poll

    (5) At the re-opening of an advance polling station at noon on the 2nd, 3rd and 4th days of advance polling, the deputy returning officer shall, in full view of the candidates or their representatives who are present,

    • (a) unseal and open the box referred to in paragraph (2)(f) that was used on the previous day of advance polling, take out and open the envelope that contains the unused ballots and the record of votes cast at the advance polling station and dispose of the box; and

    • (b) open, seal and place a new ballot box in accordance with paragraphs (1)(a) to (c).

  • Marginal note:Custody of ballot box

    (6) In the intervals between voting hours at the advance polling station and until the counting of the ballots on polling day, the deputy returning officer shall keep the sealed ballot boxes in his or her custody.

  • Marginal note:Recovery of ballot box

    (7) Despite subsection (6), the returning officer may recover any ballot box that is in a deputy returning officer’s custody if the Chief Electoral Officer, being of the opinion that such action is necessary to ensure the integrity of the vote, directs the returning officer to do so.

  • Marginal note:Candidates may check seals

    (8) When an advance polling station closes on each of the four days of advance polling, the candidates or their representatives may take note of the serial number of the seal on the ballot box, and on the box referred to in paragraph (2)(f) that is used on that day, if any. When the advance polling station is re-opened on the 2nd, 3rd and 4th days of advance polling, they may again take note of the serial number of the seal on the box referred to in paragraph (2)(f) that was used on the previous day of voting. When the votes are counted on polling day, they may take note of the serial number of the seal on each of the ballot boxes used for advance polling.

  • 2000, c. 9, s. 175
  • 2014, c. 12, s. 58
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