Elections Modernization Act (S.C. 2018, c. 31)
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Assented to 2018-12-13
2000, c. 9Canada Elections Act (continued)
144 (1) Subsection 213(1) of the Act is replaced by the following:
Marginal note:Provision of special ballot, etc.
213 (1) A unit election officer shall, once the elector has signed the declaration referred to in section 212, give the elector a special ballot, an inner envelope, the declaration — if it is not on the outer envelope — and the outer envelope.
Marginal note:Limitation
(1.1) An elector who has received a special ballot under subsection (1) may vote only under this Division.
(2) The portion of subsection 213(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Voting on special ballot
(2) The elector shall use the special ballot to vote by writing on it, in private, the name of the candidate of his or her choice, folding it and, in the presence of the unit election officer,
(3) Paragraph 213(2)(b) of the Act is replaced by the following:
(b) placing the inner envelope and the declaration — if it is not on the outer envelope — in the outer envelope and sealing the outer envelope.
(4) Subsection 213(4) of the Act is replaced by the following:
Marginal note:Spoiled special ballot
(4) If the special ballot is incapable of being used, the elector shall return it to the unit election officer, who shall mark it as a spoiled ballot and give the elector another special ballot.
145 (1) Subsection 214(1) of the Act is replaced by the following:
Marginal note:Information to be provided to elector
214 (1) The unit election officer shall inform an elector that, in order for the special ballot to be counted, the outer envelope must be received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on polling day. The unit election officer shall inform the elector of the service provided by the Canadian Forces to deliver the outer envelope.
(2) Subsection 214(3) of the Act is repealed.
146 Section 215 of the Act is replaced by the following:
Marginal note:Voting by unit election officer
215 A unit election officer who is qualified to vote may vote in accordance with this Division.
147 (1) The portion of subsection 216(1) of the Act before paragraph (b) is replaced by the following:
Marginal note:Assistance by unit election officer
216 (1) If an elector is unable to read or because of a disability is unable to vote in the manner described in this Division, the unit election officer shall assist him or her by
(a) completing the declaration referred to in section 212 and writing the elector’s name where the elector’s signature is to be written; and
(2) Paragraph 216(1)(b) of the English version of the Act is replaced by the following:
(b) marking the special ballot as directed by the elector in the elector’s presence and in the presence of another elector selected by the elector as a witness.
(3) The portion of subsection 216(2) of the Act before paragraph (b) is replaced by the following:
148 Subsections 217(2) and (3) of the Act are replaced by the following:
Marginal note:Unit election officer for hospitalized electors
(2) If no unit election officer has been designated for a service hospital or convalescent institution, the unit election officer for the unit to which the hospital or institution belongs is the unit election officer for electors who are patients in the hospital or institution.
Marginal note:Bed-ridden electors
(3) A unit election officer for electors who are patients in a service hospital or convalescent institution may, if that officer considers it advisable and the officer in charge of the hospital or institution approves, go from room to room to administer and collect the votes of electors who are confined to bed.
149 Sections 218 and 219 of the Act are replaced by the following:
Marginal note:Duty, leave or furlough
218 An elector who provides satisfactory evidence of his or her absence from his or her unit during the voting times fixed for the polling stations in that unit because of duty, leave or furlough may apply to a unit election officer of another unit, in accordance with section 211.2, to vote at that officer’s polling station.
Marginal note:Delivery of documents to the commanding officer
219 (1) The unit election officer shall deliver to the unit’s commanding officer,
(a) at the end of each voting day, if feasible, and no later than the end of the voting period, the outer envelopes containing the marked special ballots, the applications for registration and special ballot that were accepted by the unit election officer and the service number of each elector who received a special ballot; and
(b) at the end of the voting period, any spoiled outer envelopes, any spoiled special ballots and any other election documents and election materials in the unit election officer’s possession.
Marginal note:Delivery of outer envelopes, etc.
(1.1) On receipt of the outer envelopes and applications for registration and special ballot referred to in paragraph (1)(a), the commanding officer shall deliver them to the special voting rules administrator.
Marginal note:Provision of information
(1.2) On receipt of the service numbers referred to in paragraph (1)(a), the commanding officer shall inform the special voting rules administrator, through the liaison officer, of the identity of the electors who received a special ballot.
Marginal note:Delivery of election documents and election materials
(2) On receipt of the election documents and election materials referred to in paragraph (1)(b), the commanding officer shall deliver them to the special voting rules administrator with all other election documents and election materials in the commanding officer’s possession.
Marginal note:Informing the returning officer
219.1 (1) On being informed under subsection 219(1.2) that an elector has received a special ballot, the special voting rules administrator shall inform the returning officer for the electoral district of the elector’s place of ordinary residence of this.
Marginal note:Name on list of electors
(2) When the returning officer is informed under subsection (1) that an elector has received a special ballot, he or she shall
150 The heading of Division 3 of Part 11 of the Act is replaced by the following:
Electors Resident Outside Canada
151 The definitions elector and register in section 220 of the Act are replaced by the following:
- elector
elector means an elector who resides outside Canada. (électeur)
- register
register means the register referred to in section 222. (registre)
Marginal note:2003, c. 22, s. 103
152 Sections 221 and 222 of the Act are replaced by the following:
Marginal note:Inclusion in register of electors resident outside Canada
221 An elector may vote under this Division if
(a) his or her application for registration and special ballot is received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on the 6th day before polling day; and
(b) his or her name is entered on the register.
Marginal note:Register of electors
222 The Chief Electoral Officer shall maintain a register of electors in which is entered the surname, given names, gender, date of birth, civic address, mailing address and electoral district of each elector who has filed an application for registration and special ballot in order to vote under this Division and who, at any time before making the application, resided in Canada.
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