Elections Modernization Act (S.C. 2018, c. 31)
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Assented to 2018-12-13
2000, c. 9Canada Elections Act (continued)
109 The heading before section 162 of the Act is replaced by the following:
Duties of Election Officers Assigned to Polling Station
110 (1) The portion of section 162 of the Act before paragraph (b) is replaced by the following:
Marginal note:Duties
162 An election officer assigned to a polling station — and not necessarily the same election officer for all of the following — shall
(a) make, on the prescribed form, the entries required under this Act;
(2) Paragraph 162(d) of the Act is repealed.
Marginal note:2007, c. 21, s. 28
(3) Paragraphs 162(f) and (g) of the Act are replaced by the following:
(f) indicate, if applicable, on the prescribed form that the elector has made a solemn declaration and the type of solemn declaration;
(g) indicate, if applicable, on the prescribed form that the elector refused to comply with a legal requirement to provide the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, or to make a solemn declaration;
Marginal note:2007, c. 21, s. 28
(4) Paragraph 162(i) of the Act is replaced by the following:
(i) indicate, if applicable, on the prescribed form that an elector has voted in the circumstances described in section 147, that the solemn declaration referred to in subsection 549.1(1) has been made or that any other solemn declaration that was required to be made was made, note any objection that was made on behalf of any of the candidates and indicate the candidate’s name;
111 Section 164 of the Act is replaced by the following:
Marginal note:Procedure in case of contravention of secrecy
164 (1) It is the duty of the election officers who are present at the polling station to draw the attention of any elector to an offence that the elector commits in contravening any of paragraphs 281.6(3)(a) to (c) and to the punishment to which the elector is liable, but the elector shall be allowed to vote in the usual way if he or she has not already done so.
Marginal note:Clarification
(2) For greater certainty, if one election officer performs his or her duty under subsection (1) with regard to an elector, no other election officer need do so with regard to that elector.
Marginal note:2014, c. 12, s. 53
112 Section 164.1 of the Act is replaced by the following:
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 election officers have properly exercised any of the powers conferred on them under this Act, or properly performed any of the duties imposed on them under this Act, that are specified by the Chief Electoral Officer.
113 Subsection 166(1) of the Act is amended by adding “and” at the end of paragraph (a), by striking out “and” at the end of paragraph (b) and by repealing paragraph (c).
114 Section 167 of the Act is repealed.
115 (1) Subsection 168(4) of the Act is replaced by the following:
Marginal note:Combining advance polling districts
(4) When a request is made to a returning officer not later than four days after the issue of the writ, the returning officer may, with the prior approval of the Chief Electoral Officer, combine two advance polling districts into one district.
(2) Subsection 168(5) of the French version of the Act is replaced by the following:
Marginal note:Demande de modification de l’emplacement d’un bureau de vote par anticipation
(5) Si une demande de modification de l’emplacement d’un bureau de vote par anticipation est présentée au directeur du scrutin au plus tard quatre jours après la délivrance du bref, celui-ci peut, avec l’agrément préalable du directeur général des élections, prendre des dispositions en vue de changer le bureau de place.
(3) Subsections 168(6) and (7) of the Act are replaced by the following:
Marginal note:Accessibility
(6) An advance polling station shall be in premises that are accessible to electors with a disability.
Marginal note:Exception
(7) If a returning officer is unable to secure suitable premises for an advance 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 advance polling station in premises that are not accessible to such electors.
Marginal note:Advance polling station in more than one premises
(8) If the returning officer is of the opinion that an advance polling district consists of or includes remote, isolated or low-density communities, the returning officer may, with the prior approval of the Chief Electoral Officer and in accordance with the Chief Electoral Officer’s instructions, establish the advance polling station for that district in premises in more than one such community, and have the election officers who are assigned to the advance polling station — along with the ballot box, ballots and other necessary election documents — be at given ones of those premises on different days of advance polling to take electors’ votes. For greater certainty, subsections (5) to (7) apply to the advance polling station.
116 The Act is amended by adding the following after section 168:
Transfer Certificates
Marginal note:Transfer certificate for candidate
168.1 (1) A candidate whose name appears on the revised list of electors for an advance polling station is entitled on request to receive a transfer certificate to vote at another advance polling station in the same electoral district.
Marginal note:Transfer certificate for election officer
(2) An election officer who is assigned to an advance polling station shall issue a transfer certificate to any person — other than himself or herself — whose name appears on the revised list of electors for the advance polling station and who has been appointed to act as an election officer for another advance polling station.
Marginal note:Condition
(3) A transfer certificate issued under subsection (2) authorizes the person to vote at the advance polling station named in it only if, on one of the days of advance polling, the person performs the duty specified in the certificate at the place mentioned in the certificate.
Marginal note:Transfer certificate for elector whose advance polling station has moved
(4) If an elector’s advance polling station moves to another location after the notice of confirmation of registration has been sent, an elector who attends at the advance polling station set out in the notice is entitled on request to receive a transfer certificate to vote at that advance polling station.
Marginal note:Transfer certificate for elector with disability
168.2 (1) An elector who has a disability and is therefore unable to vote without difficulty in his or her advance polling station may apply for a transfer certificate to vote at another advance polling station in the same electoral district.
Marginal note:Application requirements
(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 the revised list of electors for the electoral district.
Marginal note:Signing, numbering and recording transfer certificate
168.3 The election officer who issues a transfer certificate shall
(a) fill in and sign the certificate and mention on it the date of its issue;
(b) consecutively number the certificate in the order of its issue;
(c) keep a record of the certificate in the order of its issue on the prescribed form;
(d) not issue the certificate in blank; and
(e) if possible, send a copy of the certificate to an election officer who is assigned to the advance polling station on whose list of electors appears the name of the person to whom the certificate has been issued.
- Date modified: