Fair Elections Act (S.C. 2014, c. 12)
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Assented to 2014-06-19
2000, c. 9CANADA ELECTIONS ACT
Amendments to the Act
Marginal note:2007, c. 21, s. 21
47. Section 143.1 of the Act is replaced by the following:
Marginal note:Requirement before administering oath — elector
143.1 (1) If a person decides to prove his or her residence by taking an oath in writing in the prescribed form, the person who administers the oath shall, before doing so, orally advise the oath-taker of the qualifications for electors and the penalty that may be imposed under this Act on a person who is found guilty of voting or attempting to vote at an election knowing that he or she is not qualified as an elector or who contravenes subsection 549(3).
Marginal note:Requirement before administering oath — attesting to residence
(2) If a person decides to attest to an elector’s residence by taking an oath in writing in the prescribed form, the person who administers the oath shall, before doing so, orally advise the oath-taker of the penalty that may be imposed under this Act on a person who contravenes subsection 143(5) or (6) or 549(3).
Marginal note:2007, c. 21, s. 22
48. Sections 147 and 148 of the Act are replaced by the following:
Marginal note:Person in whose name another has voted
147. If a person asks for a ballot at a polling station after someone else has voted under that person’s name, the person shall not be allowed to vote unless he or she takes an oath in writing in the prescribed form. The form is to state the penalty that may be imposed under this Act on a person who is found guilty of requesting a second ballot at an election contrary to section 7 or of applying for a ballot in a name that is not his or her own contrary to paragraph 167(1)(a).
Marginal note:Name crossed off list in error
148. If an elector claims that his or her name has been crossed off in error from an official list of electors under subsection 176(2) or (3), the elector shall not be allowed to vote unless the returning officer verifies that the elector’s name was crossed off in error or the elector takes the oath referred to in section 147 in writing.
Marginal note:2007, c. 21, s. 22
49. Subsection 148.1(1) of the Act is replaced by the following:
Marginal note:Failure to prove identity or residence
148.1 (1) An elector who fails to prove his or her identity and residence in accordance with section 143 or to take an oath otherwise required by this Act shall not receive a ballot or be allowed to vote.
Marginal note:2007, c. 21, s. 26(1)
50. (1) The portion of subsection 161(1) of the French version of the Act before paragraph (a) is replaced by the following:
Marginal note:Inscription le jour du scrutin
161. (1) L’électeur dont le nom ne figure pas déjà sur la liste électorale peut, le jour du scrutin, s’inscrire en personne :
Marginal note:2007, c. 37, s. 2
(1.1) Paragraphs 161(1)(a) and (b) of the Act are replaced by the following:
(a) provides as proof of his or her identity and residence the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing an address that proves his or her residence; or
(b) proves his or her identity by providing two pieces of identification of a type authorized under subsection 143(2.1) that establish the elector’s name, proves his or her residence by taking an oath in writing in the prescribed form — the form including the statement that he or she has received the oral advice set out in subsection 161.1(1) — and is accompanied by another elector whose name appears on the list of electors for the same polling division who
(i) proves their own identity and residence by providing the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing either an address that proves that other elector’s residence or an address that is consistent with information related to that other elector that appears on the list of electors, and
(ii) attests to the elector’s residence on oath in writing in the prescribed form, the form including the statements that
(A) they have received the oral advice set out in subsection 161.1(2),
(B) they know the elector personally,
(C) they know that the elector resides in the polling division,
(D) they have not attested to the residence of another elector at the election, and
(E) their own residence has not been attested to by another elector at the election.
(2) Section 161 of the Act is amended by adding the following after subsection (3):
Marginal note:Examination of identification documents
(3.1) The representative of a candidate may examine but not handle any piece of identification provided by the elector.
(3) Subsection 161(4) of the Act is replaced by the following:
Marginal note:Registration certificate
(4) If the elector satisfies the requirements of subsection (1), the registration officer or deputy returning officer, as the case may be, shall complete a registration certificate in the prescribed form authorizing the elector to vote and the elector shall sign it. The registration certificate shall include a statement by the elector that he or she is qualified as an elector under section 3.
(4) Section 161 of the Act is amended by adding the following after subsection (5):
Marginal note:Prohibition — registration on polling day
(5.1) It is prohibited for any person to
(a) knowingly apply to be registered on polling day in a name that is not their own;
(b) knowingly apply, except as authorized by this Act, to be registered on polling day to vote in a polling division in which they are not ordinarily resident;
(c) apply to be registered on polling day to vote in an electoral district knowing that they are not qualified as an elector or entitled to vote in the electoral district; or
(d) compel, induce or attempt to compel or induce any other person to make a false or misleading statement relating to that other person’s qualification as an elector for the purposes of the registration of that other person on polling day.
Marginal note:2007, c. 21, s. 26(2)
(5) Subsections 161(6) and (7) of the Act are replaced by the following:
Marginal note:Prohibition — attesting to residence of more than one elector
(6) 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)
(7) No elector whose own residence has been attested to at an election shall attest to another elector’s residence at that election.
Marginal note:2007, c. 21, s. 27
51. Section 161.1 of the Act is replaced by the following:
Marginal note:Requirement before administering oath — elector
161.1 (1) If a person decides to prove his or her residence by taking an oath in writing in the prescribed form, the person who administers the oath shall, before doing so, orally advise the oath-taker of the qualifications for electors and the penalty that may be imposed under this Act on a person who contravenes subsection 161(5.1) or 549(3).
Marginal note:Requirement before administering oath — attesting to residence
(2) If a person decides to attest to an elector’s residence by taking an oath in writing in the prescribed form, the person who administers the oath shall, before doing so, orally advise the oath-taker of the penalty that may be imposed under this Act on a person who contravenes subsection 161(6) or (7) or 549(3).
Marginal note:2007, c. 21, s. 28
52. Paragraphs 162(i.1) and (i.2) of the Act are replaced by the following:
(i.1) prepare, at intervals of no less than 30 minutes, using the prescribed form and as directed by the Chief Electoral Officer, a document permitting the identification of every elector who during that interval has exercised his or her right to vote on polling day — excluding electors who registered on that day — and, on request, provide it to a candidate’s representative;
(i.2) prepare, each day after the close of the advance polling station, using the prescribed form and as directed by the Chief Electoral Officer, a document permitting the identification of every elector who has exercised his or her right to vote on that day — excluding electors who registered on that day — and, on request, provide it to a candidate’s representative; and
53. The Act is amended by adding the following after section 164:
Audit
Marginal note:Engagement of auditor
164.1 For each general election and by-election, the Chief Electoral Officer shall engage an auditor that he or she considers to have technical or specialized knowledge — other than a member of his or her staff or an election officer — to perform an audit and report on whether deputy returning officers, poll clerks and registration officers have, on all days of advance polling and on polling day, properly exercised the powers conferred on them, and properly performed the duties and functions imposed on them, under sections 143 to 149, 161 to 162 and 169.
Marginal note:2007, c. 21, s. 30(1)
54. (1) The portion of subsection 169(2) of the French version of the Act before paragraph (a) is replaced by the following:
Marginal note:Conditions
(2) Il ne peut toutefois être inscrit que si :
Marginal note:2007, c. 37, s. 3
(1.1) Paragraphs 169(2)(a) and (b) of the Act are replaced by the following:
(a) provides as proof of his or her identity and residence the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing an address that proves his or her residence; or
(b) proves his or her identity by providing two pieces of identification of a type authorized under subsection 143(2.1) that establish the elector’s name, proves his or her residence by taking an oath in writing in the prescribed form — the form including the statement that he or she has received the oral advice set out in subsection 169.1(1) — and is accompanied by another elector whose name appears on the list of electors for the same polling division who
(i) proves their own identity and residence by providing the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing either an address that proves that other elector’s residence or an address that is consistent with information related to that other elector that appears on the list of electors, and
(ii) attests to the elector’s residence on oath in writing in the prescribed form, the form including the statements that
(A) they have received the oral advice set out in subsection 169.1(2),
(B) they know the elector personally,
(C) they know that the elector resides in the polling division,
(D) they have not attested to the residence of another elector at the election, and
(E) their own residence has not been attested to by another elector at the election.
(1.2) Section 169 of the Act is amended by adding the following after subsection (2):
Marginal note:Examination of identification documents
(2.1) The representative of a candidate may examine but not handle any piece of identification provided by the elector.
(2) Subsection 169(3) of the Act is replaced by the following:
Marginal note:Registration certificate
(3) If the elector satisfies the requirements of subsection (2), the deputy returning officer shall complete a registration certificate in the prescribed form authorizing the elector to vote and the elector shall sign it. The registration certificate shall include a statement by the elector that he or she is qualified as an elector under section 3.
(3) Section 169 of the Act is amended by adding the following after subsection (4):
Marginal note:Prohibition — registration at advance polling station
(4.1) It is prohibited for any person to
(a) knowingly apply to be registered at an advance polling station in a name that is not their own;
(b) knowingly apply, except as authorized by this Act, to be registered at an advance polling station to vote in an advance polling district in which they are not ordinarily resident;
(c) apply to be registered at an advance polling station to vote in an electoral district knowing that they are not qualified as an elector or entitled to vote in the electoral district; or
(d) compel, induce or attempt to compel or induce any other person to make a false or misleading statement relating to that other person’s qualification as an elector for the purposes of the registration of that other person at an advance polling station.
Marginal note:2007, c. 21, s. 30(2)
(4) Subsections 169(5) and (6) of the Act are replaced by the following:
Marginal note:Prohibition — attesting to residence of more than one elector
(5) 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)
(6) No elector whose residence has been attested to at an election shall attest to another elector’s residence at that election.
Marginal note:2007, c. 21, s. 31
55. Section 169.1 of the Act is replaced by the following:
Marginal note:Requirement before administering oath — elector
169.1 (1) If a person decides to prove his or her residence by taking an oath in writing in the prescribed form, the person who administers the oath shall, before doing so, orally advise the oath-taker of the qualifications for electors and the penalty that may be imposed under this Act on a person who contravenes subsection 169(4.1) or 549(3).
Marginal note:Requirement before administering oath — attesting to residence
(2) If a person decides to attest to an elector’s residence by taking an oath in writing in the prescribed form, the person who administers the oath shall, before doing so, orally advise the oath-taker of the penalty that may be imposed under this Act on a person who contravenes subsection 169(5) or (6) or 549(3).
56. Subsection 171(2) of the Act is replaced by the following:
Marginal note:When advance polling stations to be open
(2) An advance polling station shall only be open between the hours of noon and 8:00 p.m. on Friday, Saturday, Sunday and Monday, the 10th, 9th, 8th and 7th days, respectively, before polling day.
Marginal note:2007, c. 21, s. 33
57. Paragraph 174(1)(a) of the Act is replaced by the following:
(a) the elector fails to prove his or her identity and residence in accordance with section 143 or to take an oath otherwise required by this Act; or
58. (1) The portion of subsection 175(1) of the Act before paragraph (b) is replaced by the following:
Marginal note:Examining and sealing of ballot box
175. (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;
(2) The portion of subsection 175(2) of the Act before paragraph (a) is replaced by the following:
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,
(3) Subsection 175(2) of the Act is amended by striking out “and” at the end of paragraph (d) and by replacing paragraph (e) with the following:
(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.
(4) Subsections 175(3) to (6) of the Act are replaced by the following:
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.
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