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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)

 Subsection 199(2) of the Act is replaced by the following:

  • Marginal note:Duty

    (2) The coordinating officer shall, on request, provide to the Chief Electoral Officer the following information relating to each elector or future elector:

    • (a) his or her surname, given names, gender, rank and service number;

    • (b) his or her date of birth;

    • (c) the civic address and mailing address of his or her place of ordinary residence; and

    • (d) his or her current mailing address.

  • Marginal note:Updating Register of Electors

    (3) The Chief Electoral Officer may use the information provided under subsection (2) to update the Register of Electors or Register of Future Electors.

  • Marginal note:Retention of certain information

    (4) The Chief Electoral Officer may retain the information provided under subsection (2), but not included in the Register of Electors or Register of Future Electors, for the purpose of correlating information subsequently collected with information already contained in the relevant register.

  • Marginal note:Information provided to coordinating officer

    (5) The Chief Electoral Officer may provide the coordinating officer with the information referred to in paragraphs (2)(a) to (d) relating to each elector or future elector who has provided a service number under this Part.

 The Act is amended by adding the following after section 199:

Marginal note:Cooperation

199.1 The coordinating officer shall cooperate with the special voting rules administrator to facilitate the voting, under Divisions 3 and 4 of this Part, of

  • (a) a person employed by or in support of the Canadian Forces outside Canada;

  • (b) a person who accompanies a unit or other element of the Canadian Forces that is on service or active service outside Canada, within the meaning of subsection 61(1) of the National Defence Act; or

  • (c) a person who resides outside Canada with a member of the Canadian Forces or with a person referred to in paragraph (a) or (b).

Liaison Officers

Marginal note:Designation

  • 199.2 (1) The Minister of National Defence shall designate one or more electors as liaison officers to work, during and between election periods, with the Chief Electoral Officer and the coordinating officer in carrying out the purposes and provisions of this Division.

  • Marginal note:Duty of coordinating officer

    (2) The coordinating officer shall provide the Chief Electoral Officer with the name and address of each liaison officer as each one is designated.

 Sections 200 to 203 of the Act are replaced by the following:

Marginal note:Duty of Chief Electoral Officer

200 Without delay after the issue of the writs, the Chief Electoral Officer shall inform the Minister of National Defence and the coordinating officer of their issue.

Marginal note:Duty of coordinating officer

202 On being informed of the issue of the writs, the coordinating officer shall inform each liaison officer and commanding officer of their issue.

Marginal note:Duty of liaison officers — information

203 On being informed of the issue of the writs, a liaison officer shall give each commanding officer in respect of whose unit the liaison officer has liaison duties all necessary information for carrying out the purposes and provisions of this Division.

  •  (1) Paragraph 204(2)(b) of the Act is replaced by the following:

    • (b) the commanding officer will designate one or more unit election officers to collect their votes and fix the voting times during the voting period.

  • (2) Subsection 204(3) of the Act is replaced by the following:

    • Marginal note:Contents of list

      (3) The list shall be arranged alphabetically and shall indicate each elector’s surname, given names and service number, the address of his or her place of ordinary residence and his or her electoral district.

 The Act is amended by adding the following after section 204:

Marginal note:Alternative address — commanding officer

  • 204.1 (1) For the purpose of maintaining operational security, a commanding officer may indicate on the list of electors, with respect to some or all of the electors in the commanding officer’s unit, their alternative address rather than the address that would otherwise be indicated under subsection 204(3).

  • Marginal note:Alternative address — elector

    (2) For the purpose of maintaining operational security or out of a reasonable apprehension of bodily harm if the address of his or her place of ordinary residence were to appear on the list of electors, an elector may ask his or her commanding officer not to indicate that address on the list of electors. The commanding officer, unless he or she considers that it would not be in the public interest to do so, shall grant the request and indicate the elector’s alternative address on the list.

  • Marginal note:Special voting rules administrator informed

    (3) The commanding officer shall inform the special voting rules administrator, through a liaison officer, that an alternative address has been indicated under this section.

  • Marginal note:Clarification

    (4) For greater certainty, the indication of an alternative address on the list of electors under this section does not change the elector’s place of ordinary residence for the purposes of this Act.

  •  (1) The portion of subsection 205(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Duties of commanding officer

    • 205 (1) After being informed of the issue of the writs, but no later than the 28th day before polling day, each commanding officer shall

  • (2) Paragraphs 205(1)(b) to (d) of the Act are replaced by the following:

    • (b) designate a sufficient number of electors as unit election officers to allow for voting to take place at each polling station;

    • (c) through a liaison officer, provide the special voting rules administrator with a list of the unit election officers and their ranks, and the list of electors for the unit; and

    • (d) provide the unit election officers with the list of electors for the unit.

 Section 207 of the Act is replaced by the following:

Marginal note:Joint polling stations

207 The commanding officers of units may establish a joint polling station for electors in their units, if the commanding officers consider that it would be useful to do so for carrying out the purposes and provisions of this Division.

 Paragraphs 209(a) and (b) of the Act are replaced by the following:

  • (a) distribute the materials to the unit election officers; and

  • (b) display the list in one or more conspicuous places or make it otherwise accessible to electors in their unit.

 Sections 210 to 212 of the Act are replaced by the following:

Marginal note:Duties of unit election officer

210 During the voting period, a unit election officer shall

  • (a) display the voting instructions provided by the Chief Electoral Officer in relation to the vote under this Division in conspicuous places at each polling station or make them otherwise accessible to electors; and

  • (b) keep available for consultation by the electors the text of this Part, the election materials necessary for determining in which electoral district an elector is entitled to vote and the list of candidates.

Marginal note:Representative of registered party

211 A Canadian citizen may represent a registered party at a polling station if he or she provides the unit election officer with a copy of an authorization in the prescribed form signed by a candidate for the party.

Marginal note:Elector to give name, etc.

  • 211.1 (1) Each elector, on arriving at the polling station, shall give his or her name and service number and the address of his or her place of ordinary residence to the unit election officer and, on request, to a representative of a registered party.

  • Marginal note:Alternative address

    (2) For the purpose of subsection (1), if an alternative address is indicated on the list of electors under section 204.1 in respect of the elector, the elector may provide that alternative address.

  • Marginal note:Proof of identity

    (3) If the unit election officer determines that the elector’s name, service number and address appear on the list of electors, then the elector shall provide the officer with the following proof of the elector’s identity:

    • (a) one piece of identification issued by the Canadian Forces that contains a photograph of the elector and his or her name and service number; or

    • (b) two pieces of identification of a type authorized under section 211.3 each of which establishes the elector’s name and at least one of which establishes his or her service number.

  • Marginal note:Examination of identification documents

    (4) A representative of a registered party may examine, but not handle, any piece of identification presented under this section.

  • Marginal note:Name crossed off the list

    (5) If the unit election officer is satisfied that an elector’s identity has been proven in accordance with this section, the elector’s name shall be crossed off the list of electors.

Marginal note:Application for registration and special ballot

  • 211.2 (1) An elector whose name does not appear on the list of electors or whose address on the list does not correspond with the elector’s place of ordinary residence may complete an application for registration and special ballot and provide the unit election officer with the following proof of the elector’s identity:

    • (a) one piece of identification issued by the Canadian Forces that contains a photograph of the elector and his or her name and service number; or

    • (b) two pieces of identification of a type authorized under section 211.3 each of which establishes the elector’s name and at least one of which establishes his or her service number.

  • Marginal note:Content of application

    (2) An application for registration and special ballot shall be in the prescribed form and shall include the following information relating to each elector:

    • (a) his or her surname and given names;

    • (b) his or her date of birth;

    • (c) his or her service number;

    • (d) the civic address and mailing address of his or her place of ordinary residence;

    • (e) his or her current mailing address; and

    • (f) any other information that the Chief Electoral Officer considers necessary to determine the electoral district in which he or she is entitled to vote.

  • Marginal note:Alternative addresses

    (3) For the purpose of maintaining operational security or out of a reasonable apprehension of bodily harm if he or she were to indicate the addresses referred to in paragraph 2(d), the elector may apply to the elector’s commanding officer to use another address for that purpose. The commanding officer, unless he or she considers that it would not be in the public interest to do so, shall grant the application and provide the elector with the alternative address that is to be used on the application for registration and special ballot.

  • Marginal note:Optional information

    (4) In addition to the information specified in subsection (2), the Chief Electoral Officer may request that the elector provide other information that the Chief Electoral Officer considers necessary for implementing agreements made under section 55, but the elector is not required to provide that information.

  • Marginal note:Examination of identification documents

    (5) A representative of a registered party may examine, but not handle, any piece of identification presented under this section.

  • Marginal note:Acceptance of the application

    (6) If the unit election officer is satisfied that an elector’s identity has been proven in accordance with this section, the unit election officer shall accept the application for registration and special ballot.

  • Marginal note:Application of subsections 204.1(3) and (4)

    (7) If an alternative address is used in accordance with subsection (3), subsections 204.1(3) and (4) apply with any necessary modifications.

Marginal note:Authorized types of identification

211.3 The Chief Electoral Officer may authorize types of identification, in consultation with the coordinating officer, for the purposes of paragraphs 211.1(3)(b) and 211.2(1)(b). For greater certainty, any document may be authorized, regardless of who issued it.

Marginal note:Declaration of elector

212 The unit election officer shall require the elector whose name has been crossed off the list of electors or whose application for registration and special ballot has been accepted to sign the declaration prescribed by the Chief Electoral Officer.

 

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