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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)

162.1 The Act is amended by adding the following after section 241:

Marginal note:No marking

241.1 If, under section 241, an elector is given a ballot that is not a special ballot, no marking shall be placed on the back of the ballot in the space otherwise indicated in Form 3 of Schedule 1 for a polling division number.

  • 163 (1) Subsection 242(1) of the Act is replaced by the following:

    Marginal note:Spoiled ballot

    • 242 (1) If the ballot or special ballot is incapable of being used, the elector shall return it to the election officer, who shall mark it as a spoiled ballot and give the elector another ballot or special ballot.

  • (2) Subsection 242(2) of the English version of the Act is replaced by the following:

    • Marginal note:Limit

      (2) An elector shall not be given more than one ballot or special ballot, as the case may be, under subsection (1).

  • 164 (1) The portion of subsection 243(1) of the Act before paragraph (b) is replaced by the following:

    Marginal note:Assistance

    • 243 (1) When an elector personally goes to the office of the returning officer and is unable to read or because of a disability is unable to vote in the manner described in this Division, the designated election officer shall assist the elector by

      • (a) completing the declaration referred to in paragraph 227(2)(c) and writing the elector’s name where the elector’s signature is to be written; and

  • (2) Paragraph 243(1)(b) of the English version of the Act is replaced by the following:

    • (b) marking the ballot as directed by the elector in the elector’s presence.

  • (3) Subsection 243(2) of the Act is replaced by the following:

    • Marginal note:Note on declaration

      (2) An election officer who assists an elector under subsection (1) shall indicate, by signing the note on the declaration, that the elector was assisted.

165 The Act is amended by adding the following after section 243:

Marginal note:Assistance by friend or related person

  • 243.01 (1) If an elector requires assistance to vote, one of the following persons may accompany the elector into the voting compartment at the office of the returning officer and assist the elector to mark his or her ballot:

    • (a) a friend of the elector;

    • (b) the elector’s spouse or common-law partner; or

    • (c) a relative of the elector or of the elector’s spouse or common-law partner.

  • Marginal note:Solemn declaration

    (2) A person described in subsection (1) who wishes to assist an elector in marking a ballot shall first make a solemn declaration in the prescribed form that he or she

    • (a) will mark the ballot paper in the manner directed by the elector;

    • (b) will not disclose the name of the candidate for whom the elector voted;

    • (c) will not try to influence the elector in choosing a candidate; and

    • (d) has not, during the current election, assisted another person, as a friend, to mark a ballot.

  • 166 (1) The portion of subsection 243.1(1) of the Act before paragraph (b) is replaced by the following:

    Marginal note:Voting at home

    • 243.1 (1) On application of an elector who is unable to read — or who is unable to vote in the manner described in this Division because of a disability — and who is unable to personally go to the office of the returning officer because of a disability, an election officer shall go to the elector’s dwelling place and, in the presence of a witness who is chosen by the elector, assist the elector by

      • (a) completing the declaration referred to in paragraph 227(2)(c) and writing the elector’s name where the elector’s signature is to be written; and

  • (2) Subsection 243.1(2) of the Act is replaced by the following:

    • Marginal note:Note on declaration

      (2) The election officer and the witness who assist an elector under subsection (1) shall indicate, by signing the note on the declaration, that the elector was assisted.

167 The Act is amended by adding the following after section 244:

Marginal note:Non-application

244.1 This Division does not apply to an elector who is incarcerated in a place designated under subsection 205(1) of the National Defence Act.

168 Subsection 245(1) of the Act is replaced by the following:

Marginal note:Entitlement to vote

  • 245 (1) Every elector is entitled to vote under this Division on the 12th day before polling day.

169 Section 246 of the Act is replaced by the following:

Marginal note:Designation of coordinating officers

246 The federal and provincial ministers responsible for correctional institutions shall each designate a person as a coordinating officer to work, during and between elections, with the Chief Electoral Officer to carry out the purposes and provisions of this Division.

  • 170 (1) Subsection 247(1) of the Act is replaced by the following:

    Marginal note:Notification of issue of the writs

    • 247 (1) Without delay after the issue of the writs, the Chief Electoral Officer shall inform the federal and provincial ministers responsible for correctional institutions of their issue.

  • (2) The portion of subsection 247(2) of the Act before paragraph (b) is replaced by the following:

    • Marginal note:Obligations of ministers

      (2) On being informed of the issue of the writs, each minister referred to in subsection (1) shall

      • (a) inform their respective designated coordinating officer of their issue;

  • (3) Paragraph 247(2)(c) of the Act is replaced by the following:

    • (c) inform the Chief Electoral Officer and their respective designated coordinating officer of the name and address of each liaison officer.

171 Subsection 248(2) of the Act is replaced by the following:

  • Marginal note:Duty to cooperate

    (2) During the election period, a liaison officer shall cooperate with the Chief Electoral Officer in the administration of the registration and the taking of the votes of electors, including by informing the Chief Electoral Officer of the identity of the electors who received a special ballot.

172 Subsection 250(2) of the Act is replaced by the following:

  • Marginal note:Voting hours

    (2) The polling stations shall be open on the 12th day before polling day from 9:00 a.m. and shall be kept open until every elector who is registered under subsection 251(1) has voted, but in no case shall they be kept open later than 8:00 p.m. on that day.

173 Subsection 251(1) of the Act is replaced by the following:

Marginal note:Application for registration and special ballot

  • 251 (1) Before the 12th day before polling day, each liaison officer shall ensure that an application for registration and special ballot in the prescribed form is completed for every eligible elector of the correctional institution who wishes to vote, indicating his or her place of ordinary residence as determined under subsection (2).

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