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Elections Modernization Act (S.C. 2018, c. 31)

Full Document:  

Assented to 2018-12-13

2000, c. 9Canada Elections Act (continued)

 The heading before section 112 of the Act is replaced by the following:

List of Election Officers

 Subsection 112(1) of the Act is replaced by the following:

Marginal note:List of election officers to candidates

  • 112 (1) A returning officer shall, at least three days before polling day, post in his or her office, and make available to each candidate or candidate’s representative, a list of the names of all the election officers appointed to act in the electoral district who are assigned to a polling station, along with the polling station to which each officer is assigned.

 Section 113 of the Act is replaced by the following:

Marginal note:Delivery to returning officers

113 The Chief Electoral Officer, at any time before the issue of the writ or immediately after the issue of it, shall deliver to the returning officer sufficient quantities of election materials and the necessary instructions for the election officers to exercise their powers and perform their duties.

 Subsection 114(2) of the Act is replaced by the following:

  • Marginal note:Material of ballot box

    (2) Each ballot box shall be of the size and shape and made of the material determined by the Chief Electoral Officer and be constructed to allow seals for the use of the returning officers and other election officers to be affixed.

 Subsection 116(6) of the French version of the Act is replaced by the following:

  • Marginal note:Nom de l’imprimeur et affidavit

    (6) Les bulletins de vote doivent porter le nom de l’imprimeur qui doit, lorsqu’il les livre au directeur du scrutin, lui remettre un affidavit, selon le formulaire prescrit, précisant leur description, le nombre qu’il lui livre et le fait qu’il s’est conformé au paragraphe (5).

  •  (1) Subsection 117(1) of the Act is replaced by the following:

    Marginal note:Information on the ballot

    • 117 (1) Ballots shall contain the names of candidates referred to in subparagraph 66(1)(a)(i) or (i.1), as the case may be, and taken from their nomination papers, arranged alphabetically.

  • Marginal note:2001, c. 21, s. 12

    (2) Paragraph 117(2)(b) of the Act is replaced by the following:

    • (b) the information referred to in subsection 68(3) was provided in respect of the candidate in accordance with that subsection; and

  • Marginal note:2001, c. 21, s. 12

    (3) Subsection 117(3) of the French version of the Act is replaced by the following:

    • Marginal note:Mention « indépendant(e) »

      (3) Le bulletin de vote porte la mention « indépendant(e) » sous le nom du candidat qui l’a demandé conformément au sous-alinéa 66(1)a)(v), et seulement dans ce cas.

  • (4) Subsection 117(5) of the French version of the Act is replaced by the following:

    • Marginal note:Mention de l’adresse ou de la profession

      (5) Dans les cas où au moins deux candidats ont le même nom et ont indiqué leur intention d’être désignés par la mention « indépendant(e) » ou de n’avoir aucune désignation de parti dans le cadre du sous-alinéa 66(1)a)(v), les bulletins de vote mentionnent l’adresse ou la profession de ces candidats s’ils en font la demande par écrit au directeur du scrutin avant 17 h le jour de clôture.

 The heading before section 119 of the Act is replaced by the following:

Provision of Election Materials to Election Officers

  •  (1) The portion of subsection 119(1) of the Act before paragraph (c) is replaced by the following:

    Marginal note:Materials to be provided to election officers

    • 119 (1) Before voting begins, each returning officer shall provide, in accordance with the Chief Electoral Officer’s instructions, the election officers who are assigned to a polling station in the returning officer’s electoral district with

      • (a) enough ballots for at least the number of electors on the official list of electors for the polling station;

      • (b) a statement showing the number of ballots that are provided, with their serial numbers;

  • (2) Paragraph 119(1)(f) of the French version of the Act is replaced by the following:

    • f) la liste électorale officielle à utiliser au bureau de scrutin, qu’il place si possible dans l’urne avec les bulletins de vote et autres accessoires;

  • (3) Subsection 119(2) of the Act is replaced by the following:

    • Marginal note:Safekeeping of election materials

      (2) Until the opening of the poll, the election officers are responsible for all election materials in their possession and shall take every precaution to ensure the safekeeping of those materials and to prevent any person from having unlawful access to them.

 Section 120 of the Act and the heading before it are replaced by the following:

Polling Stations

Marginal note:Establishment of polling stations

120 Each returning officer shall, for polling day, establish polling stations and assign each polling division to a polling station.

 Subsections 121(1) to (3) of the Act are replaced by the following:

Marginal note:Accessibility

  • 121 (1) A polling station shall be in premises that are accessible to electors with a disability.

  • Marginal note:Exception

    (2) If a returning officer is unable to secure suitable premises for a polling station that are accessible to electors with a disability, the returning officer may, with the prior approval of the Chief Electoral Officer, establish the polling station in premises that are not accessible to such electors.

  • Marginal note:Voting compartments

    (3) Each polling station shall contain a sufficient number of voting compartments arranged so that each elector is screened from observation and may, without interference or interruption, mark their ballot.

 Subsections 122(1) and (2) of the Act are replaced by the following:

  • Marginal note:Polling station in school or other public building

    (2) Whenever possible, a returning officer shall establish a polling station in a school or other suitable public building.

Marginal note:2014, c. 12, s. 42

 Sections 123 and 124 of the Act are repealed.

Marginal note:2014, c. 12, s. 43

 Section 125.1 of the Act is replaced by the following:

Marginal note:Information — location of polling stations

  • 125.1 (1) The returning officer for an electoral district and the Chief Electoral Officer shall make the addresses of all of the polling stations in the electoral district available to, respectively, each candidate in the electoral district and each political party that has endorsed a candidate in the electoral district. That information shall be made available on the later of the 24th day before polling day and the day on which the candidate’s nomination is confirmed, along with maps of the electoral district indicating the boundaries of each polling division and the location of each polling station.

  • Marginal note:Notification of change — on or before 5th day before polling day

    (2) If, on or before the 5th day before polling day, there is a change in the address of any polling station in the electoral district, the returning officer and the Chief Electoral Officer shall without delay make that information available to the candidates and the political parties respectively, along with maps of the electoral district indicating the new location of the polling station.

  • Marginal note:Electoral district maps — electronic format

    (2.1) The maps that the Chief Electoral Officer is to make available to political parties under subsections (1) and (2) shall be made available in electronic form or in formats that include electronic form.

  • Marginal note:Notification of change — after 5th day before polling day

    (3) If, after the 5th day before polling day, there is a change in the address of any polling station in the electoral district, the returning officer and the Chief Electoral Officer shall without delay make that information available to the candidates and the political parties respectively.

 

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