Elections Modernization Act (S.C. 2018, c. 31)

Marginal note:2014, c. 12, s. 61(1)

• 191 (1) Subsections 283(1) and (2) of the Act are replaced by the following:

  Marginal note:Counting the votes

  • 283 (1) Immediately after the close of a polling station, an election officer who is assigned to the polling station shall count the votes in the presence of

    • (a) another election officer who is assigned to the polling station; and

    • (b) any candidates or their representatives who are present or, if no candidates or representatives are present, at least two electors.

  • Marginal note:Tally sheets

    (2) One of those election officers shall supply all the persons referred to in paragraph (1)(b) who are present and who request one with a tally sheet to keep their own score of the voting.

• Marginal note:2014, c. 12, s. 61(2)

  (2) The portion of subsection 283(3) of the Act before paragraph (b) is replaced by the following:

  • Marginal note:Steps to follow

    (3) The election officer who counts the votes shall, in the following order,

    • (a) count the number of electors who voted, count the number of those to whom a certificate was given under subsection 161(4), make an entry at the end of the list of electors that states “The number of electors who voted at this election is (stating the number). Of these, the number of electors to whom a certificate was given under subsection 161(4) is (stating the number).”, sign the list and place the list in the envelope supplied for that purpose;

• Marginal note:2014, c. 12, s. 61(3)

  (3) Paragraph 283(3)(d) of the English version of the Act is replaced by the following:

  • (d) total the number of electors indicated under paragraph (a) who voted and the numbers arrived at in paragraphs (b) and (c) in order to ascertain that all ballots that were provided by the returning officer are accounted for;

• (4) Paragraph 283(3)(f) of the Act is replaced by the following:

  • (f) examine each ballot, show the ballot to each person who is present, and ask the election officer referred to in paragraph (1)(a) to make a note on the tally sheet beside the name of the candidate for whom the vote was cast for the purpose of arriving at the total number of votes cast for each candidate.

• 192 (1) The portion of subsection 284(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Rejection of ballots

  • 284 (1) In examining the ballots, the election officer who counts the votes shall reject one

• (2) Subsections 284(2) and (3) of the Act are replaced by the following:

  • Marginal note:Limitation

    (2) No ballot shall be rejected by reason only that an election officer placed on it any writing, number or mark, or failed to remove the counterfoil or to write the elector’s polling division number on the back of the ballot.

  • Marginal note:Counterfoils remaining attached

    (3) If a ballot is found with the counterfoil attached, the election officer who counts the votes shall, while concealing the number on it from all persons present and without examining it, remove and destroy the counterfoil.

193 Sections 285 and 286 of the Act are replaced by the following:

• 194 (1) Subsection 287(1) of the Act is replaced by the following:

  Marginal note:Statement of vote

  • 287 (1) The election officer who counts the votes shall prepare a statement of the vote, in the prescribed form, that sets out the number of votes in favour of each candidate and the number of rejected ballots and shall place the original statement and a copy of it in the separate envelopes supplied for the purpose.

• (2) Subsection 287(2) of the English version of the Act is replaced by the following:

  • Marginal note:Copies of statement of vote

    (2) The election officer shall give a copy of the statement of the vote to each of the candidates’ representatives present at the count.

• 195 (1) Subsections 288(1) and (2) of the Act are replaced by the following:

  Marginal note:Marked ballots

  • 288 (1) One of the election officers referred to in subsection 283(1) shall place the ballots for each candidate into separate envelopes, write on each envelope the name of the candidate and the number of votes he or she received, and seal it. The election officers shall sign the seal on each envelope, and the witnesses may also sign them.

  • Marginal note:Rejected ballots

    (2) One of the election officers shall place into separate envelopes the rejected ballots, the registration certificates and the list of electors, and shall seal the envelopes.

• (2) The portion of subsection 288(3) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Documents enclosed in large envelope

    (3) One of the election officers shall seal in a large envelope supplied for the purpose

• (3) Subsection 288(5) of the English version of the Act is replaced by the following:

  • Marginal note:Sealing ballot box

    (5) The ballot box shall be sealed with the seals provided by the Chief Electoral Officer.

Marginal note:2014, c. 12, s. 62

196 Sections 288.01 and 288.1 of the Act are replaced by the following:

• 197 (1) Subsection 289(1) of the Act is replaced by the following:

  Marginal note:Counting of votes on polling day

  • 289 (1) At least two election officers who are assigned to an advance polling station and who are specified in accordance with the Chief Electoral Officer’s instructions shall, at the close of the polling stations on polling day, attend at the place mentioned in the notice of advance poll in subparagraph 172(a)(iii) to count the votes.

• Marginal note:2014, c. 12, s. 63

  (2) Paragraph 289(2)(a) of the Act is replaced by the following:

  • (a) for the application of paragraph 283(3)(e), the two or more election officers who are specified in accordance with the Chief Electoral Officer’s instructions shall open the ballot boxes and empty their contents onto a table; and

• (3) Subsection 289(3) of the Act is replaced by the following:

  • Marginal note:Prohibition

    (3) Subject to subsection (4), no person shall make a count of the votes cast at an advance poll before the close of voting hours on polling day.

  • Marginal note:Exception

    (4) The two or more election officers who are specified in accordance with the Chief Electoral Officer’s instructions may begin counting the votes cast at an advance poll one hour before the close of voting hours on polling day if

    • (a) the returning officer who is responsible for the advance polling station has obtained the Chief Electoral Officer’s prior approval for the counting to begin;

    • (b) the counting is done in accordance with the Chief Electoral Officer’s instructions;

    • (c) the counting is done in a manner that ensures the integrity of the vote; and

    • (d) the counting is done in the presence of any candidates or their representatives who are present or, if no candidates or representatives are present, at least two electors.