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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)

 Section 156 of the Act is replaced by the following:

Marginal note:Use of interpreter

156 An election officer who is assigned to a polling station may appoint a language or sign language interpreter to assist election officers at the polling station in communicating to an elector any information that is necessary to enable him or her to vote.

  •  (1) The portion of subsection 157(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Elector who is confined to bed

    • 157 (1) At a polling station that has been established in an institution for seniors or persons with a disability, when an election officer who is assigned to the polling station considers it necessary, the election officer shall

  • (1.1) Paragraph 157(1)(b) of the French version of the Act is replaced by the following:

    • b) avec l’approbation du responsable de l’établissement, transporter l’urne, les bulletins de vote et les autres documents électoraux nécessaires de chambre en chambre, en vue de recueillir les votes des électeurs alités qui résident habituellement dans la section de vote où se trouve l’établissement.

  • (2) Subsection 157(2) of the Act is replaced by the following:

    • Marginal note:Procedure for taking the votes

      (2) When the vote of an elector who is confined to bed is taken, an election officer assigned to the polling station shall give the elector the assistance necessary to enable the elector to vote, and not more than one representative of each candidate may be present.

 Subsections 158(2) and (3) of the Act are replaced by the following:

  • Marginal note:Transfer certificate for election officer

    (2) An election officer who is assigned to a polling station shall issue a transfer certificate to any person — other than himself or herself — whose name appears on the official list of electors for the polling station and who has been appointed to act as an election officer for another polling station in the same electoral district.

  • Marginal note:Condition

    (3) A transfer certificate issued under subsection (2) authorizes the person to vote at the polling station named in it only if, on polling day, the person exercises the power or performs the duty specified in the certificate at the place mentioned in the certificate.

Marginal note:2007, c. 21, s. 25

 Section 159 of the Act is replaced by the following:

Marginal note:Transfer certificate for elector with disability

  • 159 (1) An elector who has a disability and is therefore unable to vote without difficulty in his or her polling station may apply for a transfer certificate to vote at another polling station in the same electoral district.

  • Marginal note:Application

    (2) The application shall be made in accordance with the Chief Electoral Officer’s instructions.

  • Marginal note:Issue of transfer certificate to elector with disability

    (3) An election officer shall issue a transfer certificate in the prescribed form, and provide the certificate to the person who submitted the application to the officer, if the officer is satisfied that the elector’s name appears on a list of electors for the electoral district.

  •  (1) The portion of section 160 of the Act before paragraph (a) is replaced by the following:

    Marginal note:Signing, numbering and recording transfer certificate

    160 The election officer who issues a transfer certificate shall

  • (2) Paragraph 160(e) of the Act is replaced by the following:

    • (e) if possible, send a copy of the certificate to an election officer who is assigned to the polling station on whose list of electors appears the name of the person to whom the certificate has been issued.

Marginal note:2007, c. 21, s. 26(1); 2014, c. 12, s. 50(1)(F)

  •  (1) The portion of subsection 161(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Registration in person

    • 161 (1) An elector whose name is not on the list of electors may register in person on polling day before an election officer if the elector

  • Marginal note:2014, c. 12, s. 50(1.1)

    (2) Paragraph 161(1)(a) of the French version of the Act is replaced by the following:

    • a) soit en présentant la pièce visée à l’alinéa 143(2)a) sur laquelle figure une adresse qui établit sa résidence ou les pièces visées à l’alinéa 143(2)b) dont au moins une porte une telle adresse;

  • Marginal note:2014, c. 12, s. 50(1.1)

    (3) Paragraph 161(1)(b) of the Act is replaced by the following:

    • (b) proves his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing and is accompanied by another elector whose name appears on the list of electors for the same polling station and who

      • (i) provides 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) vouches for the elector by making the solemn declaration referred to in subsection 549.1(2) in writing.

  • (4) Subsections 161(2) and (3) of the Act are replaced by the following:

    • Marginal note:Vouching for electors in long-term care institution

      (2) If an elector who resides in an institution for seniors or persons with a disability wishes to prove his or her identity and residence under subsection (1), the other elector referred to in paragraph (1)(b) who accompanies him or her may be an employee of the institution who resides — despite that paragraph — in any polling division in the elector’s electoral district or an adjacent electoral district.

    • Marginal note:Definition of employee

      (2.1) In subsection (2), employee includes an owner of the institution and any person who occupies a management position at the institution.

    • Marginal note:Representative of each candidate

      (3) The election officer shall permit each candidate, or one representative of each candidate, in the electoral district to be present when an elector is being registered.

  • Marginal note:2014, c. 12, s. 50(3)

    (5) 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 election 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 solemn declaration made by the elector that he or she is qualified as an elector under section 3.

  • Marginal note:2014, c. 12, s. 50(5)

    (6) Subsections 161(6) and (7) of the Act are repealed.

Marginal note:2014, c. 12, s. 51

 Section 161.1 of the Act is replaced by the following:

Marginal note:Requirement before making solemn declaration — elector

  • 161.1 (1) If a person decides to prove his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing 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 making solemn declaration — vouching for elector

    (2) If a person decides to vouch for an elector by making the solemn declaration referred to in subsection 549.1(2) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the penalty that may be imposed under this Act on a person who contravenes any of subsections 282.1(1) to (3) or 549(3).

 

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