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

DIVISION 5Incarcerated Electors

Definition of elector

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

Marginal note:Non-application

244.1 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

• 245 (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

246 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

• 247 (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

• 248 (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

249 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.

Marginal note:Notice of entitlement to vote

• 250 (1) A liaison officer shall, without delay after being appointed, post a notice in the prescribed form in a prominent place in the correctional institution that informs electors of the date on which they are entitled to vote in accordance with this Division.

• Marginal note:Voting hours

  (2) The polling stations shall be open on the 12th day before polling day from 9:00 a.m. and shall be kept open until every elector who is registered under subsection 251(1) has voted, but in no case shall they be kept open later than 8:00 p.m. on that day.

Marginal note:Application for registration and special ballot

• 251 (1) Before the 12th day before polling day, each liaison officer shall ensure that an application for registration and special ballot in the prescribed form is completed for every eligible elector of the correctional institution who wishes to vote, indicating his or her place of ordinary residence as determined under subsection (2).

• Marginal note:Residence of elector

  (2) The place of ordinary residence of an elector is the first of the following places for which the elector knows the civic and mailing addresses:

  • (a) his or her residence before being incarcerated;

  • (b) the residence of the spouse, the common-law partner, a relative or a dependant of the 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 incarceration;

  • (c) the place of his or her arrest; or

  • (d) the last court where the elector was convicted and sentenced.

• Marginal note:Optional information

  (3) In addition to providing his or her place of ordinary residence, 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:Validation

  (4) The liaison officer shall validate the application for registration and special ballot by signing it and indicating on it the name of the electoral district that includes the place of ordinary residence as determined under subsection (2).

• Marginal note:Dispute about electoral district

  (5) If a dispute arises as to in which electoral district an elector may vote, the elector may refer the matter to the returning officer for the electoral district where the correctional institution is located, and the returning officer shall make a final determination in accordance with the process for revising lists of electors.

Marginal note:List of incarcerated electors

252 Applications for registration and special ballot are deemed to be the list of electors who vote under this Division.

Marginal note:Polling stations and election officers

• 253 (1) Before the 18th day before polling day, each returning officer shall, for each correctional institution in his or her electoral district, in consultation with the liaison officer for the institution, establish one or more polling stations and assign at least two election officers to each polling station.

• Marginal note:Provision of election materials

  (2) A liaison officer shall, on receiving the election materials and list of candidates,

  • (a) provide, as necessary, the materials to the election officers who are assigned under subsection (1) to a polling station for the correctional institution; and

  • (b) post the list of candidates in one or more conspicuous places in the correctional institution.

Marginal note:Duties of election officer

254 On the day on which the electors cast their ballots, at each polling station an election officer who is assigned to the polling station shall

• (a) post two or more copies of the voting instructions, in the prescribed form, in conspicuous places; and

• (b) keep readily available for consultation by electors a copy of this Part, a set of street indexes, a guide to electoral districts and a list of candidates.

Marginal note:Mobile polling stations

• 255 (1) A liaison officer shall, when required, establish a mobile polling station within a correctional institution to take the votes of the electors who are confined to their cells or in an infirmary.

• Marginal note:Common mobile polling stations

  (2) A returning officer may, in cooperation with liaison officers, create a mobile polling station for correctional institutions of fewer than 50 electors that are within the returning officer’s electoral district and that are within reasonable travelling distance of each other.