Fair Elections Act (S.C. 2014, c. 12)
Full Document:
Assented to 2014-06-19
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.
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