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

Full Document:  

Act current to 2022-09-22 and last amended on 2021-06-29. Previous Versions

PART 11Special Voting Rules (continued)

DIVISION 4Electors Residing in Canada (continued)

 [Repealed, 2018, c. 31, s. 159]

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:List of electors

 Once an elector’s application for registration and special ballot has been accepted by the returning officer or special voting rules administrator, he or she shall ensure, in accordance with the Chief Election Officer’s instructions,

  • (a) that the elector’s name is entered on the list of electors for the polling division of the elector’s place of ordinary residence, if it is not already included on a list of electors; and

  • (b) that there is an indication on the list of electors that the elector has received a special ballot.

Marginal note:Provision of ballot

  •  (1) Subject to subsection (2) and section 237.1, on acceptance of an elector’s application for registration and special ballot, the elector shall be provided with a special ballot.

  • Marginal note:Provision of ballot and envelopes

    (2) If section 241 applies, then, on acceptance of an elector’s application for registration and special ballot, the elector shall be given a ballot, an inner envelope and an outer envelope.

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.

  • (3.1) [Repealed, 2018, c. 31, s. 161]

  • (3.2) [Repealed, 2018, c. 31, s. 161]

  • 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 to 144;

    • (c) subsection 164(1);

    • (d) section 166;

    • (d.1) subsections 281.6(1) to (4);

    • (d.2) section 282.2; and

    • (e) paragraph 489(3)(c).

Marginal note:Voting by special ballot

 An elector who has been provided with a special ballot may vote only by following the procedure set out in subsections 227(2) and (3).

Marginal note:Receipt of special ballot — application made outside electoral district

  •  (1) In order to have their special ballot counted, an elector whose application for registration and special ballot was accepted by the special voting rules administrator or by a returning officer outside the elector’s electoral district shall ensure that the special ballot is received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on polling day. The special ballot shall be transmitted by

    • (a) sending the sealed outer envelope to the special voting rules administrator by mail or any other means; or

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

  • Marginal note:Receipt of special ballot — application made in electoral district

    (2) In order to have their special ballot counted, an elector whose application for registration and special ballot was accepted by the returning officer in the elector’s electoral district shall ensure that the ballot is received at the office of that returning officer before the close of the polling stations on polling day.

  • Marginal note:Vote counted

    (3) Despite subsection (2), a special ballot referred to in that subsection that is received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on polling day shall be counted.

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.

Marginal note:Elector to be given regular ballot

 An elector who applies to vote in person at the office of the returning officer for his or her electoral district after ballots for the electoral district have been printed shall be given a ballot that is not a special ballot and shall immediately vote in the manner described in paragraphs 151(1)(a) and (b) and 227(2)(b) to (d) and return the outer envelope to the election officer.

Marginal note:No marking

 If, under section 241, an elector is given a ballot that is not a special ballot, no marking shall be placed on the back of the ballot in the space otherwise indicated in Form 3 of Schedule 1 for a polling division number.

Marginal note:Spoiled ballot

  •  (1) If the ballot or special ballot is incapable of being used, the elector shall return it to the election officer, who shall mark it as a spoiled ballot and give the elector another ballot or special ballot.

  • Marginal note:Limit

    (2) An elector shall not be given more than one ballot or special ballot, as the case may be, under subsection (1).

Marginal note:Assistance

  •  (1) When an elector personally goes to the office of the returning officer and is unable to read or because of a disability is unable to vote in the manner described in this Division, the designated election officer shall assist the elector by

    • (a) completing the declaration referred to in paragraph 227(2)(c) and writing the elector’s name where the elector’s signature is to be written; and

    • (b) marking the ballot as directed by the elector in the elector’s presence.

  • Marginal note:Note on declaration

    (2) An election officer who assists an elector under subsection (1) shall indicate, by signing the note on the declaration, that the elector was assisted.

Marginal note:Assistance by friend or related person

  •  (1) If an elector requires assistance to vote, one of the following persons may accompany the elector into the voting compartment at the office of the returning officer and assist the elector to mark his or her ballot:

    • (a) a friend of the elector;

    • (b) the elector’s spouse or common-law partner; or

    • (c) a relative of the elector or of the elector’s spouse or common-law partner.

  • Marginal note:Solemn declaration

    (2) A person described in subsection (1) who wishes to assist an elector in marking a ballot shall first make a solemn declaration in the prescribed form that he or she

    • (a) will mark the ballot paper in the manner directed by the elector;

    • (b) will not disclose the name of the candidate for whom the elector voted;

    • (c) will not try to influence the elector in choosing a candidate; and

    • (d) has not, during the current election, assisted another person, as a friend, to mark a ballot.

Marginal note:Voting at home

  •  (1) On application of an elector who is unable to read — or who is unable to vote in the manner described in this Division because of a disability — and who is unable to personally go to the office of the returning officer because of a disability, an election officer shall go to the elector’s dwelling place and, in the presence of a witness who is chosen by the elector, assist the elector by

    • (a) completing the declaration referred to in paragraph 227(2)(c) and writing the elector’s name where the elector’s signature is to be written; and

    • (b) marking the ballot as directed by the elector in the elector’s presence.

  • Marginal note:Note on declaration

    (2) The election officer and the witness who assist an elector under subsection (1) shall indicate, by signing the note on the declaration, that the elector was assisted.

DIVISION 5Incarcerated Electors

Definition of elector

 For the purpose of this Division, elector means an incarcerated elector.

Marginal note:Non-application

 This Division does not apply to an elector who is incarcerated in a place designated under subsection 205(1) of the National Defence Act.

Marginal note:Entitlement to vote

  •  (1) Every elector is entitled to vote under this Division on the 12th day before polling day.

  • Marginal note:Exercise of right to vote

    (2) An elector is not entitled to vote under this Division unless he or she has signed an application for registration and special ballot under section 251 and a declaration described in section 257.

  • Marginal note:Vote to be in electoral district

    (3) An elector is entitled to vote under this Division only for a candidate in the electoral district in which his or her place of ordinary residence is situated as shown on the application for registration and special ballot made by the elector under section 251.

Marginal note:Designation of coordinating officers

 The federal and provincial ministers responsible for correctional institutions shall each designate a person as a coordinating officer to work, during and between elections, with the Chief Electoral Officer to carry out the purposes and provisions of this Division.

Marginal note:Notification of issue of the writs

  •  (1) Without delay after the issue of the writs, the Chief Electoral Officer shall inform the federal and provincial ministers responsible for correctional institutions of their issue.

  • Marginal note:Obligations of ministers

    (2) On being informed of the issue of the writs, each minister referred to in subsection (1) shall

    • (a) inform their respective designated coordinating officer of their issue;

    • (b) designate one or more persons to act as liaison officers in connection with the taking of the votes of electors; and

    • (c) inform the Chief Electoral Officer and their respective designated coordinating officer of the name and address of each liaison officer.

Marginal note:Liaison officers

  •  (1) The Chief Electoral Officer shall appoint persons designated under paragraph 247(2)(b) in the prescribed form.

  • Marginal note:Duty to cooperate

    (2) During the election period, a liaison officer shall cooperate with the Chief Electoral Officer in the administration of the registration and the taking of the votes of electors, including by informing the Chief Electoral Officer of the identity of the electors who received a special ballot.

Marginal note:Duty of coordinating officer

 When a coordinating officer is informed that a liaison officer has been designated, the coordinating officer shall give the liaison officer all necessary information on taking the votes of electors.

 
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