Elections Modernization Act (S.C. 2018, c. 31)
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Assented to 2018-12-13
2000, c. 9Canada Elections Act (continued)
117 (1) Subsection 169(1) of the Act is replaced by the following:
Marginal note:Registration at advance polling station
169 (1) Every elector whose name is not on the revised list of electors may register in person, at the advance polling station where the elector is entitled to vote, before an election officer who is assigned to that advance polling station.
Marginal note:2007, c. 21, s. 30(1); 2014, c. 12, s. 54(1)(F) and (1.1)
(2) The portion of subsection 169(2) of the French version of the Act before paragraph (b) is replaced by the following:
Marginal note:Conditions
(2) Il ne peut toutefois être inscrit que s’il établit son identité et sa résidence :
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. 54(1.1)
(3) Paragraph 169(2)(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.
(3.1) Section 169 of the Act is amended by adding the following after subsection (2):
Marginal note:Vouching for electors in long-term care institution
(2.01) 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 (2), the other elector referred to in paragraph (2)(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
(2.02) In subsection (2.01), employee includes an owner of the institution and any person who occupies a management position at the institution.
Marginal note:2014, c. 12, s. 54(2)
(4) Subsections 169(3) and (4) of the Act are replaced by the following:
Marginal note:Registration certificate
(3) If the elector satisfies the requirements of subsection (2), an election officer who is assigned to the advance polling station 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:Entry
(4) An election officer who is assigned to the advance polling station shall indicate on the prescribed form the names of the electors who are permitted to vote under this section.
Marginal note:2014, c. 12, s. 54(4)
(5) Subsections 169(5) and (6) of the Act are repealed.
Marginal note:2014, c. 12, s. 55
118 Section 169.1 of the Act is replaced by the following:
Marginal note:Requirement before making solemn declaration — elector
169.1 (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 169(4.1) 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).
Marginal note:2014, c. 12, s. 56
119 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 be open from 9:00 a.m. to 9:00 p.m. on Friday, Saturday, Sunday and Monday, the 10th, 9th, 8th and 7th days, respectively, before polling day, and shall not be open at any other time.
120 (1) Subparagraphs 172(a)(iii) and (iv) of the Act are replaced by the following:
(iii) the place where, for each advance polling station, an election officer who is assigned to the advance polling station shall count the number of votes cast at the advance polling station, and
(iv) that the counting of the votes cast shall begin on polling day as soon after the close of the polling stations as possible or, with the Chief Electoral Officer’s prior approval, one hour before the close of the polling stations; and
(2) Section 172 of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) make available to each candidate in the electoral district a map of the electoral district indicating the boundaries of each advance polling district and the location of each advance polling station.
(3) Section 172 of the Act is renumbered as subsection 172(1) and is amended by adding the following:
Marginal note:Maps made available to registered parties
(2) The Chief Electoral Officer shall, not later than Saturday, the 16th day before polling day, make available to each registered party maps of each electoral district — in electronic form or in formats that include electronic form — indicating the boundaries of each advance polling district within the electoral district and the location of each advance polling station.
Marginal note:2007, c. 21, s. 32
121 Subsections 173(2) and (3) of the Act are replaced by the following:
Marginal note:Elector not on the revised list
(2) An elector whose name is not on the revised list of electors may not vote at an advance polling station unless the elector has obtained a transfer certificate under section 168.1 or 168.2 or a registration certificate under subsection 169(3).
Marginal note:Procedure by election officer
(3) If an elector whose name does not appear on the revised list of electors has voted, an election officer who is assigned to the advance polling station shall indicate on the prescribed form that the elector has voted in accordance with subsection (2).
Marginal note:2014, c. 12, ss. 57 and 58
122 Sections 174 and 175 of the Act are replaced by the following:
Marginal note:Duties of election officer
174 (1) If an elector whose name is on the list of electors makes a request to vote at an advance polling station that is established for his or her polling division, an election officer who is assigned to the advance polling station shall permit the elector to vote unless the elector fails to prove his or her identity and residence in accordance with section 143 or to make a solemn declaration otherwise required by this Act.
Marginal note:Number of advance polling district
(1.1) An election officer who gives an elector a ballot at an advance polling station shall, before providing the ballot, place on the back of the ballot, in the space indicated in Form 3 of Schedule 1 for the polling division number, the number of the elector’s advance polling district.
Marginal note:Record of votes cast
(2) An election officer who is assigned to the advance polling station shall keep a record in duplicate at the advance polling station, in the prescribed form, of the names of all persons who vote at the advance polling station, in the order in which they vote, and shall mark on the record the notations that an election officer who is assigned to a polling station is required by this Act to make opposite an elector’s name at the polling station on polling day.
Marginal note:Opening of advance polling station
175 (1) At the opening of an advance polling station at 9:00 a.m., an election officer who is assigned to the advance polling station shall, in full view of the candidates or their representatives who are present,
Marginal note:Close of advance polling station
(2) At the close of an advance polling station at 9:00 p.m. on each of the four days of advance polling, an election officer who is assigned to the advance polling station shall, in full view of the candidates or their representatives who are present, and in accordance with instructions that the Chief Electoral Officer considers necessary to ensure the integrity of the vote, take the measures set out in those instructions.
Marginal note:Other ballot boxes
(3) If an election officer who is assigned to the advance polling station determines, in accordance with the Chief Electoral Officer’s instructions, that another ballot box is needed at the advance polling station, then an election officer who is assigned to the advance polling station shall, in full view of the candidates or their representatives who are present and in accordance with those instructions,
Marginal note:Candidates may check seals
(4) The candidates or their representatives may take note of the serial numbers of the seals on the following ballot boxes at the times indicated:
(a) for any ballot box that was used on a day of advance polling, note may be taken when an advance polling station closes on each of the four days of advance polling;
(b) for a ballot box that is placed on the table in accordance with subsection (1) or (3), note may be taken when it is placed there; and
(c) for each of the ballot boxes that were used for advance polling, note may be taken when the votes are counted on polling day.
Marginal note:Custody of ballot boxes
(5) Until the counting of the ballots on polling day, an election officer shall keep the sealed ballot box or boxes in his or her custody in accordance with the Chief Electoral Officer’s instructions.
Marginal note:Recovery of ballot box
(6) Despite subsection (5), the returning officer may recover any ballot box that another election officer is required under that subsection to have in his or her custody if the returning officer considers that such action is necessary to ensure the integrity of the vote. The returning officer shall inform the Chief Electoral Officer of the matter as soon as possible.
Marginal note:Recovery of ballot box — dwelling place or vehicle
(7) If a ballot box to be recovered is in a dwelling place or a vehicle, the returning officer may enter the dwelling place or vehicle without the occupant’s or owner’s consent only if the returning officer is accompanying a peace officer who enters the dwelling place or vehicle under the authority of a warrant issued under subsection (8).
Marginal note:Authority to issue warrant
(8) On ex parte application by the returning officer, a justice of the peace may issue a warrant authorizing a peace officer to enter a dwelling place or a vehicle, accompanied by the returning officer, if the justice is satisfied by information on oath that
(a) a ballot box is in the dwelling place or vehicle;
(b) entry to the dwelling place or vehicle is necessary to recover the ballot-box; and
(c) entry was refused by the occupant or owner or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant or owner.
Marginal note:Telewarrant
(9) If a returning officer believes that it would not be practical to appear personally to make an application for a warrant under subsection (8), a warrant may be issued by telephone or other means of telecommunication on application submitted by telephone or other means of telecommunication, and section 487.1 of the Criminal Code applies for that purpose with any necessary modifications.
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