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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)

  • 153 (1) Paragraph 223(1)(b) of the Act is repealed.

  • Marginal note:2000, c. 12, par. 40(2)(g)

    (2) Paragraphs 223(1)(d) to (f) of the Act are replaced by the following:

    • (e) the address of the elector’s place of ordinary residence;

154 Section 226 of the Act is amended by adding “or” at the end of paragraph (d), by striking out “or” at the end of paragraph (e) and by repealing paragraph (f).

  • 155 (1) Subsection 227(1) of the Act is replaced by the following:

    Marginal note:Special ballot

    • 227 (1) After approving an application for registration and special ballot and after the issue of the writs, the Chief Electoral Officer shall provide a special ballot to every elector whose name is entered in the register.

  • (2) Paragraph 227(2)(b) of the English version of the Act is replaced by the following:

    • (b) placing the ballot in an inner envelope and sealing it;

  • (3) Paragraphs 227(2)(c) and (d) of the Act are replaced by the following:

    • (c) signing the declaration prescribed by the Chief Electoral Officer; and

    • (d) placing the inner envelope and the declaration — if it is not on the outer envelope — in the outer envelope and sealing it.

156 Section 229 of the Act is replaced by the following:

Marginal note:Deadline for return of vote

229 The special ballot must be received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on polling day in order to be counted.

157 Sections 231 and 232 of the Act are replaced by the following:

Marginal note:Definition of elector

231 For the purpose of this Division, elector means an elector, other than an incarcerated elector, who resides in Canada and who wishes to vote in accordance with this Division.

Marginal note:Conditions for voting by special ballot

  • 232 (1) An elector may vote under this Division if his or her application for registration and special ballot is received by a returning officer in an electoral district or by the special voting rules administrator after the issue of the writs but before 6:00 p.m. on the 6th day before polling day.

  • Marginal note:Conditions for voting by special ballot — specified later day

    (2) If, for the purpose of this subsection, the Chief Electoral Officer specifies on his or her Internet site a day that is after the 6th day before polling day but before polling day, an elector may vote under this Division if his or her application for registration and special ballot is received by the returning officer in the elector’s electoral district or by the special voting rules administrator after the issue of the writs but before 6:00 p.m. on the specified day.

  • Marginal note:Restriction

    (3) The Chief Electoral Officer may specify a day for the purpose of subsection (2) only if he or she considers that the integrity of the vote will not be affected if applications for registration and special ballots are received after 6:00 p.m. on the 6th day before polling day.

  • 158 (1) Paragraph 233(1)(a) of the English version of the Act is replaced by the following:

    • (a) the elector’s name and the address of his or her place of ordinary residence;

  • (2) Subsection 233(1.1) of the Act is replaced by the following:

    • Marginal note:Electors in danger

      (1.1) An elector who would be under reasonable apprehension of bodily harm if he or she were to indicate the address of his or her place of ordinary residence or his or her mailing address for the purpose of paragraph (1)(a) or (d) may apply to the returning officer or special voting rules administrator to use another address for that purpose. The returning officer or special voting rules administrator, unless he or she considers that it would not be in the public interest to do so, shall grant the application and shall not reveal the addresses in respect of which the application is made except as required to send the special ballot to the elector. For greater certainty, the granting of the application does not change the elector’s place of ordinary residence for the purposes of this Act.

  • Marginal note:2014, c. 12, s. 59

    (3) Subsection 233(3) of the Act is repealed.

159 Section 234 of the Act is repealed.

Marginal note:2014, c. 12, s. 60

160 Sections 236 and 237 of the Act are replaced by the following:

Marginal note:List of electors

236 Once an elector’s application for registration and special ballot has been accepted by the returning officer or special voting rules administrator, he or she shall ensure, in accordance with the Chief Election Officer’s instructions,

  • (a) that the elector’s name is entered on the list of electors for the polling division of the elector’s place of ordinary residence, if it is not already included on a list of electors; and

  • (b) that there is an indication on the list of electors that the elector has received a special ballot.

Marginal note:Provision of ballot

  • 237 (1) Subject to subsection (2) and section 237.1, on acceptance of an elector’s application for registration and special ballot, the elector shall be provided with a special ballot.

  • Marginal note:Provision of ballot and envelopes

    (2) If section 241 applies, then, on acceptance of an elector’s application for registration and special ballot, the elector shall be given a ballot, an inner envelope and an outer envelope.

Marginal note:2014, c. 12, s. 60

  • 161 (1) Subsections 237.1(3.1) and (3.2) of the Act are repealed.

  • Marginal note:2014, c. 12, s. 60

    (2) Paragraph 237.1(4)(b) of the Act is replaced by the following:

    • (b) sections 143 to 144;

  • (3) Subsection 237.1(4) of the Act is amended by striking out “and” at the end of paragraph (d) and by adding the following after paragraph (d):

    • (d.1) subsections 281.6(1) to (4);

    • (d.2) section 282.2; and

162 Sections 238 and 239 of the Act are replaced by the following:

Marginal note:Voting by special ballot

238 An elector who has been provided with a special ballot may vote only by following the procedure set out in subsections 227(2) and (3).

Marginal note:Receipt of special ballot — application made outside electoral district

  • 239 (1) In order to have their special ballot counted, an elector whose application for registration and special ballot was accepted by the special voting rules administrator or by a returning officer outside the elector’s electoral district shall ensure that the special ballot is received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on polling day. The special ballot shall be transmitted by

    • (a) sending the sealed outer envelope to the special voting rules administrator by mail or any other means; or

    • (b) delivering it to a Canadian Embassy, High Commission or Consular Office, to a Canadian Forces base outside Canada or to any other place that the Chief Electoral Officer designates.

  • Marginal note:Receipt of special ballot — application made in electoral district

    (2) In order to have their special ballot counted, an elector whose application for registration and special ballot was accepted by the returning officer in the elector’s electoral district shall ensure that the ballot is received at the office of that returning officer before the close of the polling stations on polling day.

  • Marginal note:Vote counted

    (3) Despite subsection (2), a special ballot referred to in that subsection that is received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on polling day shall be counted.

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