Short Title

Marginal note:Short title

1 This Act may be cited as the Canada Elections Act as Adapted for the Purposes of a Referendum.

Interpretation

Marginal note:Definitions

• 2 (1) The definitions in this subsection apply in this Act.

  advance poll

  vote par anticipation

  advance poll means a vote held under Part 10. (vote par anticipation)

  advance polling station

  bureau de vote par anticipation

  advance polling station means a polling station established under subsection 168(3). (bureau de vote par anticipation)

  auditor

  vérificateur

  auditor means a person who is a member in good standing of a corporation, an association or an institute of professional accountants, and a partnership of which every partner is a member in good standing of a corporation, an association or an institute of professional accountants. (vérificateur)

  broadcaster

  radiodiffuseur

  broadcaster means a person who is licensed by the Canadian Radio-television and Telecommunications Commission under the Broadcasting Act to carry on a programming undertaking. (radiodiffuseur)

  broadcasting

  radiodiffusion

  broadcasting means broadcasting, as defined in subsection 2(1) of the Broadcasting Act, that is regulated and supervised by the Canadian Radio-television and Telecommunications Commission pursuant to section 5 of that Act. (radiodiffusion)

  Broadcasting Arbitrator

  arbitre

  Broadcasting Arbitrator means the person appointed as Broadcasting Arbitrator under subsection 332(1). (arbitre)

  commercial value

  valeur commerciale

  commercial value, in relation to property or a service, means the lowest amount charged at the time that it was provided for the same kind and quantity of property or service or for the same usage of property or money, by

  • (a) the person who provided it, if the person is in the business of providing that property or service; or

  • (b) another person who provides that property or service on a commercial basis in the area where it was provided, if the person who provided the property or service is not in that business. (valeur commerciale)

  Commissioner

  commissaire

  Commissioner means the Commissioner of Canada Elections appointed under section 509. (commissaire)

  common-law partner

  conjoint de fait

  common-law partner, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year. (conjoint de fait)

  election

  élection

  election means an election of a member to serve in the House of Commons. (élection)

  elector

  électeur

  elector means a person who is qualified as an elector under section 3. (électeur)

  electoral district

  circonscription

  electoral district has the same meaning as in subsection 2(1) of the Referendum Act. (circonscription)

  judge

  juge

  judge, when used to define the judicial officer on whom is conferred specific powers, means

  • (a) in relation to the Province of Ontario, a judge of the Superior Court of Justice;

  • (b) in relation to the Province of Quebec, a judge of the Superior Court of Quebec;

  • (c) in relation to the Provinces of Nova Scotia and British Columbia, a judge of the Supreme Court of the Province;

  • (d) in relation to the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, a judge of the Court of Queen’s Bench of the Province;

  • (e) in relation to the Provinces of Prince Edward Island and Newfoundland, a judge of the Trial Division of the Supreme Court of the Province;

  • (f) in relation to the electoral district of the Yukon Territory, a judge of the Supreme Court of the Yukon Territory;

  • (g) in relation to the electoral district of the Northwest Territories, a judge of the Supreme Court of the Northwest Territories;

  • (h) in relation to the electoral district of Nunavut, a judge of the Nunavut Court of Justice; and

  • (i) in relation to any place or territory in Canada,

    • (i) if a vacancy exists or arises in the office of any such judge or if such a judge is unable to act by reason of illness or absence from their judicial district, the judge exercising the jurisdiction of that judge,

    • (ii) if there is more than one judge exercising that jurisdiction, the senior of them, and

    • (iii) if no judge is exercising that jurisdiction, a judge designated for the purpose by the Minister of Justice. (juge)

  list of electors

  liste électorale

  list of electors means the list showing the surname, given names, civic address and mailing address of every elector in a polling division. (liste électorale)

  member

  député

  member means a member of the House of Commons. (député)

  Minister

  ministre

  Minister means the member of the Queen’s Privy Council for Canada designated by the Governor in Council for the purposes of this Act. (ministre)

  monetary contribution

  contribution monétaire

  monetary contribution means an amount of money provided that is not repayable. (contribution monétaire)

  non-monetary contribution

  contribution non monétaire

  non-monetary contribution means the commercial value of a service, other than volunteer labour, or of property or of the use of property or money to the extent that they are provided without charge or at less than their commercial value. (contribution non monétaire)

  oath

  serment

  oath includes a solemn affirmation and a statutory declaration. (serment)

  official list of electors

  liste électorale officielle

  official list of electors means the list of electors prepared by the returning officer under section 106. (liste électorale officielle)

  periodical publication

  publication périodique

  periodical publication means a paper, magazine or periodical that is published periodically or in parts or numbers and that contains public news, intelligence or reports of events, or advertisements. (publication périodique)

  personal information

  renseignements personnels

  personal information means personal information as defined in section 3 of the Privacy Act. (renseignements personnels)

  polling day

  jour du scrutin

  polling day has the same meaning as in subsection 2(1) of the Referendum Act. (jour du scrutin)

  polling division

  section de vote

  polling division means a polling division referred to in section 538. (section de vote)

  polling station

  bureau de scrutin

  polling station means a place established under section 120, 122, 125, 205, 206, 207, 253 or 255 for electors to cast their votes. (bureau de scrutin)

  preliminary list of electors

  liste électorale préliminaire

  preliminary list of electors means the list of electors prepared by the Chief Electoral Officer under subsection 93(1). (liste électorale préliminaire)

  prescribed

  prescrit

  prescribed, in relation to a form or an oath, means one that is authorized by the Chief Electoral Officer. (prescrit)

  recount

  dépouillement judiciaire

  recount means a recount of votes by a judge under sections 29 and 30 of the Referendum Act, and under Part 14 of this Act. (dépouillement judiciaire)

  referendum documents

  documents référendaires

  referendum documents means the following documents:

  • (a) the writ with the return of the referendum endorsed on it;

  • (b) not applicable;

  • (c) the reserve supply of undistributed blank ballot papers;

  • (d) documents relating to the revision of the lists of electors;

  • (e) the statements of the vote from which the validation of results was made; and

  • (f) the other returns from the various polling stations enclosed in sealed envelopes, as required by Part 12, and containing

    • (i) a packet of stubs and unused ballot papers,

    • (ii) packets of ballot papers cast for each answer to a referendum question,

    • (iii) a packet of spoiled ballot papers,

    • (iv) a packet of rejected ballot papers,

    • (v) a packet containing the list of electors used at the polling station, the written authorizations of agents of registered referendum committees and witnesses and the used transfer certificates, if any, and

    • (vi) a packet containing the registration certificates. (documents référendaires)

  referendum officer

  fonctionnaire référendaire

  referendum officer means a person referred to in subsection 32(1) of the Referendum Act and in subsection 22(1) of this Act. (fonctionnaire référendaire)

  referendum period

  période référendaire

  referendum period means the period beginning with the issue of the writ and ending on polling day or, where the writ is withdrawn or is deemed to be withdrawn under subsection 6(6) of the Referendum Act. (période référendaire)

  registered party

  parti enregistré

  registered party means a political party that is entered in the registry of parties referred to in section 374 as a registered party. (parti enregistré)

  Register of Electors

  Registre des électeurs

  Register of Electors means the Register of Electors established under section 44. (Registre des électeurs)

  revised list of electors

  liste électorale révisée

  revised list of electors means the list of electors prepared by the returning officer under section 105. (liste électorale révisée)

  spoiled

  annulé

  spoiled, in relation to a ballot, means

  • (a) one that has not been deposited in the ballot box but has been found by the deputy returning officer to be soiled or improperly printed; or

  • (b) one that is dealt with under subsection 152(1), including in relation to advance polls by virtue of subsection 171(1), or subsection 213(4), 242(1) or 258(3). (annulé)

  volunteer labour

  travail bénévole

  volunteer labour means any service provided free of charge by a person outside their working hours, but does not include such a service provided by a person who is self-employed if the service is one that is normally charged for by that person. (travail bénévole)

  writ

  bref

  writ means a writ of referendum. (bref)

• Marginal note:No commercial value

  (2) For the purposes of this Act, the commercial value of property or a service is deemed to be nil if

  • (a) it is provided by a person who is not in the business of providing that property or those services; and

  • (b) the amount charged for it is $200 or less.

• Marginal note:Satisfactory proof of identity and residence

  (3) For the purposes of this Act, satisfactory proof of an elector’s identity and satisfactory proof of residence are established by the documentary proof of the elector’s identity and residence that is prescribed by the Chief Electoral Officer.

• Marginal note:Time

  (4) A reference to a time of day in this Act is a reference to local time.

• this Act

  (5) The expression the Act or this Act means the Canada Elections Act that applies in respect of a referendum pursuant to subsections 7(1) to (3) of the Referendum Act.

• not applicable

  (6) The expression not applicable means that the provision does not apply in respect of a referendum.

PART 1Referendum Rights

Marginal note:Persons qualified as electors

3 Every person who is a Canadian citizen and is 18 years of age or older on polling day is qualified as an elector.

Marginal note:Disentitlement from voting

4 The following persons are not entitled to vote at a referendum:

• (a) the Chief Electoral Officer;

• (b) the Assistant Chief Electoral Officer; and

• (c) every person who is imprisoned in a correctional institution serving a sentence of two years or more.

Marginal note:Prohibition

5 No person may

• (a) vote or attempt to vote at a referendum knowing that they are not qualified as an elector or not entitled to vote under section 4; or

• (b) induce another person to vote at a referendum knowing that the other person is not qualified as an elector or not entitled to vote under section 4.

Marginal note:Persons entitled to vote

6 Subject to this Act, every person who is qualified as an elector is entitled to have his or her name included in the list of electors for the polling division in which he or she is ordinarily resident and to vote at the polling station for that polling division.

Marginal note:Only one vote

7 No elector who has voted at a referendum may request a second ballot at that referendum.

Marginal note:Place of ordinary residence

• 8 (1) The place of ordinary residence of a person is the place that has always been, or that has been adopted as, his or her dwelling place, and to which the person intends to return when away from it.

• Marginal note:One place of residence only

  (2) A person can have only one place of ordinary residence and it cannot be lost until another is gained.

• Marginal note:Temporary absence

  (3) Temporary absence from a place of ordinary residence does not cause a loss or change of place of ordinary residence.

• Marginal note:Place of employment

  (4) If a person usually sleeps in one place and has their meals or is employed in another place, their place of ordinary residence is where they sleep.

• Marginal note:Temporary residence

  (5) Temporary residential quarters are considered to be a person’s place of ordinary residence only if the person has no other place that they consider to be their residence.

• Marginal note:Temporary residential quarters

  (6) A shelter, hostel or similar institution that provides food, lodging or other social services to a person who has no dwelling place is that person’s place of ordinary residence.

Marginal note:Interpretation of ordinary residence

9 If the rules set out in section 8 are not sufficient to determine the place of ordinary residence, it shall be determined by the appropriate referendum officer by reference to all the facts of the case.

10 Not applicable.

Marginal note:Part 11

11 Any of the following persons may vote in accordance with Part 11:

• (a) a Canadian Forces elector;

• (b) an elector who is an employee in the public service of Canada or of a province and who is posted outside Canada;

• (c) a Canadian citizen who is employed by an international organization of which Canada is a member and to which Canada contributes and who is posted outside Canada;

• (d) a person who has been absent from Canada for less than five consecutive years and who intends to return to Canada as a resident;

• (e) an incarcerated elector within the meaning of that Part; and

• (f) any other elector in Canada who wishes to vote in accordance with that Part.

12 Not applicable.

PART 2Chief Electoral Officer and Staff

Chief Electoral Officer

Marginal note:Appointment of Chief Electoral Officer

• 13 (1) There shall be a Chief Electoral Officer who shall be appointed by resolution of the House of Commons to hold office during good behaviour. He or she may be removed for cause by the Governor General on address of the Senate and House of Commons.

• Marginal note:Term of office

  (2) The Chief Electoral Officer ceases to hold office on reaching 65 years of age.

Marginal note:Appointment of substitute

• 14 (1) In case of the death, incapacity or negligence of the Chief Electoral Officer while Parliament is not sitting, a substitute Chief Electoral Officer shall, on the application of the Minister, be appointed by order of the Chief Justice of Canada or, in the absence of the Chief Justice of Canada, by the senior judge of the Supreme Court of Canada then present in Ottawa.

• Marginal note:Tenure of office of substitute

  (2) A substitute Chief Electoral Officer shall act as Chief Electoral Officer until 15 days after the beginning of the next session of Parliament unless the Chief Justice of Canada or the judge who made the order to appoint the substitute Chief Electoral Officer sooner directs that the order be revoked.

• Marginal note:Absence of Chief Justice

  (3) In the absence of both the Chief Justice of Canada and of the judge who made the order to appoint the substitute Chief Electoral Officer, the order may be revoked by any other judge of the Supreme Court of Canada.

• Marginal note:Remuneration of substitute

  (4) The substitute Chief Electoral Officer is entitled to be paid the remuneration fixed by the Governor in Council.

Marginal note:Rank, powers and duties

• 15 (1) The Chief Electoral Officer shall rank as and have all the powers of a deputy head of a department, shall perform the duties of the office on a full-time basis and shall not hold any other officer under Her Majesty or engage in any other employment.

• Marginal note:Salary and expenses of Chief Electoral Officer

  (2) The Chief Electoral Officer shall be paid a salary equal to the salary of a judge of the Federal Court, other than the Chief Justice or the Associate Chief Justice of that Court, and is entitled to be paid reasonable travel and living expenses while absent from his or her ordinary place of residence in the course of his or her duties.

• Marginal note:Superannuation and compensation

  (3) The Chief Electoral Officer is deemed to be employed in the Public Service for the purposes of the Public Service Superannuation Act and to be employed in the public service of Canada for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

• Marginal note:Communication with Governor in Council

  (4) The Chief Electoral Officer shall communicate with the Governor in Council through the Minister for the purposes of this Act.

Marginal note:Powers and duties of Chief Electoral Officer

16 The Chief Electoral Officer shall

• (a) exercise general direction and supervision over the conduct of referendums;

• (b) ensure that all referendum officers act with fairness and impartiality and in compliance with this Act and the Referendum Act;

• (c) issue to referendum officers the instructions that the Chief Electoral Officer considers necessary for the administration of this Act and the Referendum Act; and

• (d) exercise the powers and perform the duties and functions that are necessary for the administration of this Act and the Referendum Act.

Marginal note:Power to adapt Act

• 17 (1) During a referendum period, if an emergency, an unusual or unforeseen circumstance or an error makes it necessary, the Chief Electoral Officer may adapt any provision of this Act and, in particular, may extend the time for doing any act, subject to subsection (2), or increase the number of referendum officers or polling stations.

• Marginal note:Limitation — power to adapt

  (2) The Chief Electoral Officer shall not extend the voting hours at an advance polling station or, subject to subsection (3), the voting hours on polling day.

• Marginal note:Emergency — extending voting hours

  (3) If voting at a polling station is interrupted on polling day by an emergency and the Chief Electoral Officer is satisfied that, if the voting hours at the polling station are not extended, a substantial number of electors will not be able to vote, the Chief Electoral Officer shall extend the voting hours at the polling station for the period the Chief Electoral Officer considers necessary to give those electors a reasonable opportunity to vote, as long as the polling station does not in any case

  • (a) close later than midnight on polling day; or

  • (b) remain open during polling day for a total of more than 12 hours.

Marginal note:Public education and information programs

• 18 (1) The Chief Electoral Officer may implement public education and information programs to make the referendum process better known to the public, particularly to those persons and groups most likely to experience difficulties in exercising their democratic rights.

• Marginal note:Communication with the public

  (2) The Chief Electoral Officer may, using any media or other means that he or she considers appropriate, provide the public, both inside and outside Canada, with information relating to Canada’s referendum process and the democratic right to vote at a referendum.

• Marginal note:Information outside Canada

  (3) The Chief Electoral Officer may establish programs to disseminate information outside Canada concerning how to vote under Part 11.

Marginal note:Electronic voting process

18.1 The Chief Electoral Officer may carry out studies on voting, including studies respecting alternative voting means, and may devise and test an electronic voting process for future use in a general election, a by-election or a referendum. Such a process may not be used for an official vote without the prior approval of the committees of the Senate and of the House of Commons that normally consider electoral matters.

Assistant Chief Electoral Officer and Staff

Marginal note:Staff

• 19 (1) The staff of the Chief Electoral Officer shall consist of an officer known as the Assistant Chief Electoral Officer, appointed by the Governor in Council, and any other officers, clerks and employees that may be required, who shall be appointed in accordance with the Public Service Employment Act.

• Marginal note:Superannuation and compensation

  (2) The Assistant Chief Electoral Officer is deemed to be a person employed in the Public Service for the purposes of the Public Service Superannuation Act and to be employed in the public service of Canada for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

Marginal note:Casual and temporary staff

20 Any additional officers, clerks and employees that the Chief Electoral Officer considers necessary for his or her exercise of powers, and discharge of duties, under this Act and the Referendum Act related to the preparation for, and the conduct of, a referendum may be employed, in the manner authorized by law, on a casual or temporary basis.

Marginal note:Delegation by Chief Electoral Officer

21 The Chief Electoral Officer may authorize the Assistant Chief Electoral Officer or any other officer on his or her staff to perform any of the Chief Electoral Officer’s functions under this Act and the Referendum Act.

PART 3Referendum Officers

General

Marginal note:Referendum officers

• 22 (1) The following persons are referendum officers:

  • (a) returning officers appointed under subsection 24(1);

  • (b) assistant returning officers appointed under subsection 26(1) or 28(5) and additional assistant returning officers appointed under subsection 30(1);

  • (c) persons authorized by a returning officer under section 27 to perform duties under this Act and the Referendum Act;

  • (d) revising agents appointed under paragraph 32(a);

  • (e) deputy returning officers appointed under subsection 9.1(1) of the Referendum Act and referred to in paragraphs 32(b) and (c) and subsection 273(1) of this Act;

  • (f) poll clerks appointed under subsection 9.1(2) of the Referendum Act and referred to in paragraphs 32(b) and (c) and subsection 273(1) of this Act;

  • (g) registration officers appointed under paragraph 32(d);

  • (h) information officers appointed under paragraph 124(1)(a);

  • (i) persons responsible for maintaining order at a central polling place appointed under paragraph 124(1)(b);

  • (j) central poll supervisors appointed under subsection 124(2);

  • (k) persons appointed under subsection 290(2) to collect ballot boxes;

  • (l) the special voting rules administrator appointed under section 181;

  • (m) special ballot officers appointed under subsection 183(1) or section 184;

  • (n) liaison officers for correctional institutions appointed under subsection 248(1); and

  • (o) deputy returning officers and poll clerks for correctional institutions appointed under subsection 253(1).

• Marginal note:Referendum officers — exclusions

  (2) For greater certainty, an agent of a registered referendum committee or a witness who is present at a polling station is not a referendum officer.

• Marginal note:Who shall not be appointed referendum officers

  (3) The following persons shall not be appointed as a referendum officer:

  • (a) a minister of the Crown or a member of the executive council of a province;

  • (b) a member of the Senate or the House of Commons;

  • (c) a member of the legislature of a province, the Council of the Yukon Territory, the Council of the Northwest Territories or the Legislative Assembly of Nunavut;

  • (d) a judge or deputy judge of any superior court or any bankruptcy or insolvency court and, in the Yukon Territory and the Northwest Territories, a judge of the Territorial Court;

  • (d.1) a person who was a candidate at the last general election or at a by-election held since the last general election;

  • (e) a person who has served in Parliament in the session immediately before the referendum or in the session in progress at the time of the referendum; and

  • (f) a person who, within seven years before the proposed appointment, has been found guilty of any offence under this Act, the Referendum Act or any Act of the legislature of a province relating to provincial, municipal or school board elections.

• Marginal note:Qualifications

  (4) A referendum officer must be qualified as an elector and a referendum officer referred to in any of paragraphs (1)(a), (b), (d) to (g) and (j) must reside in the electoral district in which he or she is to perform duties under this Act and the Referendum Act.

• Marginal note:Exception

  (5) In the case of an appointment that is to be made by a returning officer, if he or she is unable to appoint a referendum officer who meets the requirements set out in subsection (4), he or she may, with the approval of the Chief Electoral Officer, appoint

  • (a) a Canadian citizen who is 16 years of age or older and who resides in the electoral district; or

  • (b) a person who is qualified as an elector but does not live in the electoral district.

• Marginal note:Prohibition — acting as referendum officer

  (6) No person shall act as a referendum officer knowing that they do not meet the requirements for a referendum officer set out in this section.

Marginal note:Oath

• 23 (1) Before assuming duties, a referendum officer shall swear an oath in writing, in the prescribed form, to perform the duties of the office in an impartial manner.

• Marginal note:Prohibition

  (2) No referendum officer shall communicate information obtained in the course of performing his or her duties under this Act and the Referendum Act, other than for a purpose related to the performance of those duties.

• Marginal note:Sending of oaths

  (3) The returning officer shall send the documents containing the oaths of the returning officer and assistant returning officer without delay to the Chief Electoral Officer.

Returning Officers and Assistant Returning Officers

Marginal note:Appointment of returning officers

• 24 (1) The Governor in Council shall appoint a returning officer for each electoral district and may only remove him or her for cause under subsection (7).

• Marginal note:Responsibility of returning officer

  (2) A returning officer is responsible, under the general direction of the Chief Electoral Officer, for the preparation for and conduct of a referendum in his or her electoral district.

• Marginal note:Obligation to act to enable referendums to be held

  (3) Every returning officer to whom a writ is directed shall, on its receipt, or on notification by the Chief Electoral Officer of its issue, cause to be promptly taken any of the proceedings directed by this Act and the Referendum Act that are necessary in order that the referendum may be regularly held.

• Marginal note:Vacancy

  (4) The office of a returning officer is not vacant unless the returning officer dies, resigns, ceases to reside in the electoral district or is removed from office or the boundaries of their electoral district are revised as a result of a representation order made under section 25 of the Electoral Boundaries Readjustment Act.

• Marginal note:Resignation

  (5) A returning officer who intends to resign shall give written notice to that effect to the Chief Electoral Officer and the resignation is effective only when it is accepted by the Chief Electoral Officer.

• Marginal note:No partisan conduct

  (6) No returning officer shall, while in office, knowingly engage in politically partisan conduct and in particular shall not belong to or make a contribution to, be an employee of or hold a position in, a registered party or an eligible party, or a registered referendum committee or a referendum committee seeking registration.

• Marginal note:Removal from office

  (7) The Governor in Council may remove from office any returning officer who

  • (a) is incapable, by reason of illness, physical or mental disability or otherwise, of satisfactorily performing his or her duties under this Act or the Referendum Act;

  • (b) fails to discharge competently a duty of a returning officer under this Act or the Referendum Act, or to comply with an instruction of the Chief Electoral Officer described in paragraph 16(c);

  • (c) fails to complete the revision of the boundaries of the polling divisions in their electoral district as instructed by the Chief Electoral Officer under subsection 538(3); or

  • (d) contravenes subsection (6), whether or not the contravention occurs in the exercise of his or her duties under this Act or the Referendum Act.

Marginal note:List in Canada Gazette

25 The name, address and occupation of each person appointed as a returning officer and the name of the electoral district for which he or she is appointed shall be communicated as soon as practicable to the Chief Electoral Officer. Between the 1st and 20th days of January in each year, the Chief Electoral Officer shall publish a list in the Canada Gazette of the name, address and occupation of the returning officer for each electoral district in Canada.

Marginal note:Assistant returning officer

• 26 (1) A returning officer shall, without delay after being appointed, appoint in writing an assistant returning officer, who shall hold office at pleasure and send the appointment in writing to the Chief Electoral Officer.

• Marginal note:Restriction on appointment

  (2) A returning officer shall not appoint his or her spouse, common-law partner, child, mother, father, brother, sister, the child of his or her spouse or common-law partner, or a person who lives with him or her as an assistant returning officer.

Marginal note:Authorization

• 27 (1) The returning officer for an electoral district may, with the prior approval of the Chief Electoral Officer, authorize any person acting under his or her direction to perform any of the functions of a returning officer under this Act, except those described in subsection 24(3), sections 62, 103, 104, 130, 293 to 298, subsections 300(4) and 301(6), and sections 313 to 316, and by the Referendum Act.

• Marginal note:Authorization in writing

  (2) An authorization under subsection (1) shall be signed and dated by the returning officer.

Marginal note:Notification if returning officer incapacitated

• 28 (1) It is the duty of a returning officer or an assistant returning officer to notify the Chief Electoral Officer without delay if the returning officer at any time becomes unable to act.

• Marginal note:Communication of notifications

  (2) The Chief Electoral Officer shall communicate any notification received under subsection (1) to the Minister.

• Marginal note:Assistant returning officer to act

  (3) If a returning officer becomes unable to act, the assistant returning officer shall act until the appointment of a new returning officer or until the returning officer becomes able to act.

• Marginal note:Appointment within limited period

  (4) Within 60 days after the date on which the Chief Electoral Officer has been notified of a vacancy in the office of a returning officer or accepts the resignation of a returning officer, the Governor in Council shall appoint a new returning officer.

• Marginal note:Appointment of assistant returning officer

  (5) Every assistant returning officer who is required to act as a returning officer under subsection (3) shall appoint an assistant returning officer without delay.

Marginal note:Duties of returning officer

• 29 (1) A returning officer shall

  • (a) without delay after removing an assistant returning officer from office, notify the assistant returning officer in writing of the removal an send a copy of the notice to the Chief Electoral Officer; and

  • (b) without delay after the death or resignation of an assistant returning officer, notify the Chief Electoral Officer in writing of the death or resignation.

• Marginal note:Appointment of substitute

  (2) If an assistant returning officer dies, resigns, becomes disqualified or incapable of acting or refuses to act, or is removed from office for any other reason, the returning officer who appointed him or her shall without delay appoint a substitute.

• Marginal note:Tenure of office of assistant returning officer

  (3) When a returning officer ceases to hold office, the assistant returning officer appointed by him or her remains in office until the returning officer’s successor appoints a new assistant returning officer.

• Marginal note:Resignation by assistant returning officer

  (4) An assistant returning officer who intends to resign shall give written notice to the returning officer who appointed him or her or, if the office of returning officer is vacant, to the Chief Electoral Officer.

Marginal note:Additional assistant returning officer

• 30 (1) On request by a returning officer, the Chief Electoral Officer may designate areas in the returning officer’s electoral district and authorize, in writing, the appointment of an assistant returning officer, in addition to the assistant returning officer appointed under subsection 26(1), for each of those areas.

• Marginal note:Appointment

  (2) A returning officer shall appoint an additional assistant returning officer and establish an office in each area designated by the Chief Electoral Officer.

• Marginal note:Delegation limited

  (3) An assistant returning officer appointed under subsection (2) may perform the functions of an assistant returning officer only in respect of the area for which they are appointed.

• Marginal note:Further limitation

  (4) An assistant returning officer appointed under subsection (2) may not perform the functions described in subsections 28(1), 60(2) and 293(1).

Marginal note:Prohibition — acting in another capacity

31 No returning officer or assistant returning officer appointed under subsection 26(1) shall act in any other capacity under this Act.

Referendum Officers Appointed by Returning Officer

General

Marginal note:Referendum officers

32 After the issue of the writ, a returning officer shall appoint the following referendum officers in the prescribed form:

• (a) the revising agents that the returning officer considers necessary, provided that the Chief Electoral Officer approves of their number;

• (b) one deputy returning officer and one poll clerk for each advance polling station in the electoral district;

• (c) one deputy returning officer and one poll clerk for each polling station in the electoral district; and

• (d) a registration officer for each registration desk.

Revising Agents

Marginal note:Solicitation of names

• 33 (1) Before appointing revising agents, a returning officer shall solicit names of suitable persons from the registered parties whose candidates finished first and second in the last election in the electoral district and, if sufficient names are not provided by those parties within three days after receipt of the request, the returning officer may solicit names from any other source.

• Marginal note:Equal distribution

  (2) A returning officer shall appoint half of the revising agents from among the persons recommended by the registered party whose candidate finished first in the last election in the electoral district, and half from among the persons recommended by the registered party whose candidate finished second in that election.

• Marginal note:Revising agents to work in pairs

  (3) A returning officer shall appoint revising agents to work in pairs and each pair shall consist, as far as possible, of persons recommended by different registered parties.

• Marginal note:Replacement

  (4) A returning officer may replace a revising agent at any time and the former revising agent shall return all referendum materials in his or her possession to the returning officer.

• Marginal note:Lists of revising agents

  (5) Each returning officer shall make available to each agent who made a request pursuant to subsection 10(1) of the Referendum Act a list of the revising agents for the electoral district, on completion of the list.

• Marginal note:Identification

  (6) Each revising agent shall, while performing his or her functions, wear or carry the identification that is supplied by the Chief Electoral Officer and shall show it on request.

Deputy Returning Officers and Poll Clerks

• 34 (1) Not applicable.

• Marginal note:Replacing deputies

  (2) A returning officer may, at any time, remove a deputy returning officer.

• 35 (1) Not applicable.

• Marginal note:Replacing poll clerks

  (2) A returning officer may, at any time, remove a poll clerk.

Marginal note:Appointment

36 A returning officer shall proceed to appoint deputy returning officers and poll clerks from other sources if registered parties who have a right to supply lists pursuant to section 9.1 of the Referendum Act have not, by the 17th day before polling day, made their recommendations or have not recommended a sufficient number of suitable persons.

Marginal note:Refusal to appoint deputy returning officer

• 37 (1) A returning officer may, on reasonable grounds, refuse to appoint a deputy returning officer or a poll clerk recommended by a registered party and shall immediately advise the registered party of the refusal.

• Marginal note:Recommendation of another source

  (2) A registered party who has the right to supply lists pursuant to section 9.1 of the Referendum Act may, within 24 hours after being advised of the refusal, recommend another person and, if the registered party does not do so, the returning officer shall proceed to appoint another person whose name is solicited from another source.

Marginal note:Replacement for deputy returning officer

• 38 (1) When the office of deputy returning officer is vacant or if the deputy returning officer is unable or unwilling to act, and the returning officer has not appointed a replacement, the poll clerk shall act as deputy returning officer without taking another oath.

• Marginal note:Another poll clerk appointed

  (2) When a poll clerk acts as deputy returning officer, the poll clerk shall, in the prescribed form, appoint a person to act as poll clerk.

Registration Officers

Marginal note:Registration offices

• 39 (1) The returning officer shall establish one or more registration desks in accordance with the instructions of the Chief Electoral Officer.

• Marginal note:Appointment of registration officers

  (2) The returning officer shall appoint, for each registration desk, a registration officer to receive, on polling day, the applications for registration of electors whose names are not on the list of electors.

• Marginal note:Solicitation of names

  (3) Before appointing registration officers, the returning officer shall solicit names of suitable persons from the registered parties whose candidates finished first and second in the last election in the electoral district, to be submitted to the returning officer no later than the 17th day before polling day. If, by that time, a sufficient number of names of suitable persons are not provided by those parties, the returning officer may solicit names from other sources.

• Marginal note:Equal distribution of appointments

  (4) The returning officer shall, as far as possible, appoint half of the registration officers from among the persons recommended by each of the registered parties under subsection (3). If either of those parties did not provide a sufficient number of names of suitable persons, that party’s remaining share of the appointments shall be made from among the names solicited by the returning officer from other sources.

Equality of Votes

40 Not applicable.

New Electoral Districts

Marginal note:Results transposed

• 41 (1) When a new electoral district is established, the Chief Electoral Officer shall transpose the results from the previous general election to the polling divisions that are in the new electoral district in order to determine which registered parties have the right to provide the returning officer with lists of persons to be appointed as referendum officers.

• Marginal note:Special case

  (2) If the Chief Electoral Officer cannot transpose the results from the previous general election to a portion of the new electoral district because no candidate was returned in respect of that portion due to an equality of votes, the Chief Electoral Officer shall transpose the results from the by-election that was subsequently held under subsection 29(1.1) of the Parliament of Canada Act in respect of that portion.

• Marginal note:Exception

  (3) If, in a case to which subsection (2) applies, a referendum is held before the by-election, the registered parties that have the right to provide the returning officer with lists of names of suitable persons to be appointed as referendum officers in respect of that referendum are the same registered parties as those that had that right for the purposes of the election that resulted in the equality of votes.

• Marginal note:Notice to parties

  (4) When the Chief Electoral Officer has determined which parties have the right to provide lists of names under subsection (1) or (2), he or she shall notify the parties without delay of that right.

Merger of Registered Parties

Marginal note:Attribution of votes for appointments

42 For the purposes of subsections 33(1) and (2), subsections 39(3) and (4), section 41, and section 9.1 of the Referendum Act in determining whether the candidate of a registered party finished first or second in the last election in a case where the registered party is the result of a merger with two or more parties that were registered parties at that election, there shall be attributed to the candidate of the merged party the number of votes of the candidate of the merging party with the largest number of votes at that election.

Prohibitions

Marginal note:Prohibitions

43 No person shall

• (a) wilfully obstruct a referendum officer in the performance of his or her duties;

• (b) without authority, use identification simulating that used by a revising agent or intended to replace that prescribed by the Chief Electoral Officer for that purpose; or

• (c) having been replaced as a referendum officer, fail to give to their replacement or to an authorized person any referendum documents or other referendum materials that the person has received or prepared in the performance of his or her duties.

PART 4Register of Electors

Maintenance and Communication of Register

Marginal note:Register of Electors

• 44 (1) The Chief Electoral Officer shall maintain a register of Canadians who are qualified as electors, to be known as the Register of Electors.

• Marginal note:Contents of Register

  (2) The Register of Electors shall contain, for each elector who is included in it, his or her surname, given names, sex, date of birth, civic address, mailing address and any other information that is provided under subsections 49(2), 194(7), 195(7), 223(2), 233(2) and 251(3).

• Marginal note:Inclusion optional

  (3) Inclusion in the Register of Electors is at the option of the elector.

45 Not applicable.

Updating the Register

46 Not applicable.

Marginal note:Duty of returning officer

47 During the referendum period, each returning officer shall update the Register of Electors from the information that he or she obtains under this Act, other than information in relation to an elector with respect to whom an application has been granted under subsection 233(1.1).

48 Not applicable.

49 Not applicable.

50 Not applicable.

51 Not applicable.

52 Not applicable.

53 Not applicable.

54 Not applicable.

Agreements on Giving Information

55 Not applicable.

Prohibitions

Marginal note:Prohibitions

56 No person shall

• (a) knowingly make a false or misleading statement, orally or in writing, relating to their qualification as an elector;

• (b) knowingly make a false or misleading statement, orally or in writing, relating to another person’s qualification as an elector, surname, given names, sex, civic address or mailing address for the purpose of having that person’s name deleted from the Register of Electors;

• (c) request the listing in the Register of Electors of the name of a person who is not qualified as an elector, knowing that the person is not so qualified;

• (d) wilfully apply to have included in the Register of Electors the name of an animal or thing; or

• (e) knowingly use personal information that is recorded in the Register of Electors for a purpose other than

  • (i) to enable registered parties, members or an agent who made a request pursuant to subsection 10(1) of the Referendum Act to communicate with electors in accordance with section 110,

  • (ii) a federal election or referendum, or

  • (iii) an election or referendum held under provincial law, if the information is subject to, and transmitted in accordance with, an agreement made under section 55 of the Canada Elections Act.

PART 5Conduct of a Referendum

Writs of Referendum

• 57 (1) Not applicable.

• Marginal note:Polling day

  (2) In the case of a referendum,

  • (a) the date of issue of the writs shall be the same for all electoral districts;

  • (b) polling day shall be the same for all electoral districts; and

  • (c) not applicable.

• Marginal note:Polling day held on a Monday

  (3) Subject to subsection (4), polling day shall be on a Monday.

• Marginal note:Exception

  (4) If, in the week in which the referendum is to be held, the Monday is a holiday, polling day shall be held on the Tuesday of that week.

• Marginal note:Times when polling day is Tuesday

  (5) If the day fixed for the vote is a Tuesday because of subsection (4), any time period specified under this Act or the Referendum Act before or after polling day is to be calculated as if polling day were the Monday.

58 Not applicable.

Marginal note:Withdrawal of writ

• 59 (1) The Governor in Council may order the withdrawal of a writ for any electoral district for which the Chief Electoral Officer certifies that by reason of a flood, fire or other disaster it is impracticable to carry out the provisions of this Act or the Referendum Act.

• Marginal note:Duties of Chief Electoral Officer

  (2) If the Governor in Council orders the withdrawal of a writ, the Chief Electoral Officer shall publish a notice of the withdrawal in the Canada Gazette.

• (3) Not applicable.

Marginal note:Returning officer to open and maintain an office

• 60 (1) Every returning officer shall, without delay after receiving the writ or notice by the Chief Electoral Officer of the issue of the writ, open an office in premises with level access in a convenient place in the electoral district and shall maintain the office throughout the referendum period.

• Marginal note:Hours

  (2) The Chief Electoral Officer may fix the hours that the office must be open and the minimum number of hours of compulsory attendance at it by the returning officer and the assistant returning officer.

Marginal note:Appointment of staff

• 61 (1) The Chief Electoral Officer may authorize returning officers to appoint the staff that they consider necessary for the purposes of this Act and the Referendum Act.

• Marginal note:Employment of staff

  (2) Staff mentioned in subsection (1) shall

  • (a) be appointed in the prescribed form;

  • (b) take the prescribed oath; and

  • (c) be discharged as soon as their services are no longer needed.

Notice of Referendum by Returning Officer

Marginal note:Notice of referendum

62 Within four days after the issue of the writ, each returning officer shall sign and issue a Notice of Referendum in Form 2 of Schedule 1 that indicates

• (a) not applicable;

• (b) the date for polling day;

• (c) the date and time, not later than seven days after polling day, for the validation of results; and

• (d) the address of the returning officer’s office.

Return by Acclamation

63 Not applicable.

Holding of an Election

64 Not applicable.

PART 6Candidates

Qualifications

65 Not applicable.

Nomination of Candidates

66 Not applicable.

67 Not applicable.

68 Not applicable.

69 Not applicable.

70 Not applicable.

71 Not applicable.

72 Not applicable.

73 Not applicable.

74 Not applicable.

75 Not applicable.

76 Not applicable.

77 Not applicable.

78 Not applicable.

79 Not applicable.

Rights of Candidates

80 Not applicable.

81 Not applicable.

Obligations of Candidates

82 Not applicable.

83 Not applicable.

84 Not applicable.

85 Not applicable.

85.1 Not applicable.

86 Not applicable.

87 Not applicable.

88 Not applicable.

Prohibition

89 Not applicable.

90 Not applicable.

91 Not applicable.

92 Not applicable.

PART 7Revision of Lists of Electors

Preliminary Lists of Electors

Marginal note:Sending of information

• 93 (1) As soon as possible after the issue of a writ, the Chief Electoral Officer shall prepare a preliminary list of electors for each polling division in an electoral district, and shall send it to the returning officer for the electoral district along with all the other information in the Register of Electors that relates to the electors of that electoral district.

• Marginal note:Form of preliminary list of electors

  (2) A preliminary list of electors shall contain only the names and addresses of electors in the electoral district, and shall be arranged according to the civic addresses of the electors or, if that is not appropriate, in alphabetical order by their names.

• (3) Not applicable.

Marginal note:Distribution of lists

• 94 (1) Each returning officer shall, on receipt of the preliminary lists of electors for his or her electoral district, distribute one printed copy and one copy in electronic form of the lists to each agent who made a request pursuant to subsection 10(1) of the Referendum Act.

• Marginal note:Extra copies

  (2) On the request of an agent who made a request pursuant to subsection 10(1) of the Referendum Act, the returning officer may provide a maximum of four additional printed copies of the preliminary lists of electors.

Notice of Confirmation of Registration

Marginal note:Notice to electors

• 95 (1) Each returning officer shall, as soon as possible after the issue of a writ but not later than the 24th day before polling day, send a notice of confirmation of registration to every elector whose name appears on the preliminary list of electors, except electors who

  • (a) are referred to in paragraph 11(e);

  • (b) have completed a statement of ordinary residence under section 194 or 195; or

  • (c) are referred to in section 222.

• Marginal note:Form of notice

  (2) The notice of confirmation of registration shall be in the form established by the Chief Electoral Officer and shall indicate

  • (a) the address of the elector’s polling station, and whether or not it has level access;

  • (b) the voting hours on polling day;

  • (c) a telephone number to call for more information; and

  • (d) the dates of advance polls and the voting hours and locations of advance polling stations.

• Marginal note:Particular needs

  (3) The notice of confirmation of registration shall invite the elector to contact the returning officer if he or she

  • (a) requires a language or sign language interpreter;

  • (b) requires level access and his or her polling station does not have it; or

  • (c) is unable to attend at a polling station because of a physical disability.

Revision Process

Marginal note:Revision of preliminary lists of electors

96 The Chief Electoral Officer shall, as soon as possible after the issue of a writ, fix the commencement date for the revision of the preliminary lists of electors. The revision period shall terminate at 6:00 p.m. on the 6th day before polling day.

Marginal note:Referendum officers who are designated to receive applications

• 97 (1) The returning officer, assistant returning officer and revising agents for an electoral district may receive applications for additions or corrections to, or deletions from, a preliminary list of electors or the Register of Electors for their electoral district.

• Marginal note:Applications for addition, correction or deletion

  (2) All applications referred to in subsection (1) that are received by revising agents shall, on completion, be presented to the returning officer or assistant returning officer for his or her approval.

Marginal note:Rental of offices

98 The returning officer may, with the approval of the Chief Electoral Officer, rent one or more offices for the revision of the preliminary lists of electors. The office or offices shall have level access.

Marginal note:Revision — purpose

99 The returning officer and assistant returning officer for an electoral district shall revise the preliminary lists of electors for that electoral district by

• (a) adding the names of electors who were omitted from the lists;

• (b) correcting information respecting electors whose names are on the lists; and

• (c) deleting the names of persons whose names were incorrectly inserted on the lists.

Marginal note:Revising agents to act jointly

• 100 (1) Each pair of revising agents appointed for an electoral district shall act jointly to assist in the revision of the preliminary lists of electors.

• Marginal note:Disagreement between revising agents

  (2) In case of disagreement, the revising agents shall refer the matter to the returning officer or assistant returning officer for a decision and are bound by that decision.

Marginal note:Relevant elector information

• 101 (1) The returning officer or assistant returning officer may add the name of any elector to the preliminary list of electors if

  • (a) the elector completes the prescribed registration form, establishes that he or she should be included on the list and provides satisfactory proof of identity;

  • (b) another elector who lives at the same residence as the elector completes the prescribed registration form, establishes that the elector should be included on the list and provides satisfactory proof of identity in respect of that elector; or

  • (c) another elector who does not live at the same residence as the elector completes the prescribed registration form for the elector, establishes that the elector should be included on the list and provides

    • (i) written authorization from the elector allowing the other elector to complete the form for him or her, and

    • (ii) satisfactory proof of identity in respect of both electors.

• Marginal note:Exclusion from Register of Electors

  (2) An elector whose name is added to a preliminary list of electors under paragraph (1)(a) may request that his or her name not be included in the Register of Electors.

• Marginal note:Change of address

  (3) The previous address of an elector whose name is added to a preliminary list of electors under any of paragraphs (1)(a) to (c) and who has changed his or her address since being listed in the Register of Electors shall be provided and the elector’s name shall then be deleted from the Register of Electors in relation to the previous address.

• Marginal note:Deletion of name of elector

  (4) The returning officer or assistant returning officer may delete the name of a person from a preliminary list of electors if

  • (a) the person requests it and provides satisfactory proof of identity;

  • (b) it is established that the elector is deceased;

  • (c) it is established that the information provided in respect of the elector is not valid; or

  • (d) it is established that the elector no longer resides at the address indicated on the list.

• Marginal note:Corrections

  (5) The returning officer or assistant returning officer may approve corrections to the information, in respect of an elector, on a preliminary list of electors if

  • (a) the elector has requested the correction under subsection 97(1); or

  • (b) there is an omission, inaccuracy or error.

• Marginal note:Address change within electoral district

  (6) An elector who changes his or her address within an electoral district may, by telephone or otherwise, on providing satisfactory proof of identity and residence to one of the referendum officers mentioned in subsection 97(1), apply to have the relevant corrections made to the appropriate preliminary list of electors. Another elector who lives at the same residence as the elector in question, on providing satisfactory proof of identity and residence in respect of the elector in question, may apply to have the relevant corrections made to that list in respect of the elector in question.

Marginal note:Notice of confirmation of registration

102 Each returning officer shall, as early as possible during the revision period but not later than the 5th day before polling day, send a notice of confirmation of registration that contains the information described in subsections 95(2) and (3) to every elector whose name has been added to a preliminary list of electors during the revision period, except electors referred to in subsection 95(1).

Objection Procedure

Marginal note:Objection by elector

• 103 (1) No later than the 14th day before polling day, an elector whose name appears on a list of electors for an electoral district may make an objection before the returning officer respecting the inclusion of the name of another person on a list of electors for that electoral district.

• Marginal note:Affidavit of objection

  (2) An elector who wishes to make an objection under subsection (1) shall complete an affidavit of objection in the prescribed form, alleging that the other person is not entitled to vote in that electoral district, and shall submit the affidavit to the returning officer.

• Marginal note:Notice to be sent to person objected to

  (3) The returning officer shall, on the day on which he or she receives an affidavit of objection or on the following day, send to the person objected to, at his or her address given on the list of electors and also at any other address given on the affidavit, a notice in the prescribed form advising the person that he or she may give evidence to show that he or she is entitled to vote in the electoral district in question by

  • (a) appearing personally or by representative before the returning officer at a specified time no later than the 11th day before polling day; or

  • (b) sending the returning officer, before that time, any documentation that the person considers appropriate.

• Marginal note:Notice to candidates

  (4) The returning officer shall, as soon as possible, send to each agent who made a request pursuant to subsection 10(1) of the Referendum Act a copy of the notice referred to in subsection (3).

• (5) Not applicable.

Marginal note:Examination by returning officer

• 104 (1) When an objection is made under subsection 103(1), the returning officer may examine on oath the elector who made the objection, the person against whom it was made — if that person wishes to present their position — and any witness present, and make a decision on the basis of the information so obtained.

• Marginal note:Evidence

  (2) The onus of presenting sufficient evidence to warrant the deletion of a name from a list of electors is on the elector who makes the objection.

• Marginal note:Elector to substantiate case

  (3) The non-attendance before the returning officer at the time an objection is dealt with, or the failure of the person against whom the objection is made to send proof that he or she is entitled to vote in the electoral district, does not relieve the elector who makes the objection from proving, to the returning officer on a balance of probabilities, that the name of the person objected to should not appear on the list of electors.

• Marginal note:Outcome of objection

  (4) After an objection is dealt with by the returning officer, he or she shall either delete the name of the person objected to from the list of electors on which the name appears or allow the name to stay on that list.

Revised Lists of Electors and Official Lists of Electors

Marginal note:Revised list of electors

• 105 (1) Each returning officer shall, on the 11th day before polling day, prepare a revised list of electors for each polling division in the electoral district for use at the advance poll.

• (2) Not applicable.

Marginal note:Official list of electors

106 Each returning officer shall, on the 3rd day before polling day, prepare the official list of electors for each polling division for use on polling day.

Marginal note:Form of lists

• 107 (1) The revised list of electors and official list of electors for each polling division shall be in the form established by the Chief Electoral Officer.

• Marginal note:Transmittal of lists

  (2) Each returning officer shall deliver to the deputy returning officers the revised lists of electors or official lists of electors, as the case may be, that the deputy returning officers need to conduct the vote in their respective advance polling stations or polling stations. The lists shall indicate the sex of each elector.

• Marginal note:Copies to agents

  (3) Each returning officer shall deliver to each agent who made a request pursuant to subsection 10(1) of the Referendum Act a printed copy and a copy in electronic form of the revised lists of electors and the official lists of electors.

• Marginal note:Extra copies

  (4) On the request of an agent who made a request pursuant to subsection 10(1) of the Referendum Act, the returning officer may provide a maximum of four additional printed copies of the revised lists of electors and the official lists of electors.

Merger of Polling Divisions

Marginal note:Merger of polling divisions

• 108 (1) After the end of the revision period, the returning officer may, with the prior approval of the Chief Electoral Officer, merge a polling division with an adjacent polling division in the same electoral district.

• Marginal note:Official list

  (2) The lists of electors for the merging polling divisions are deemed to be the official list of electors for the polling division that results from the merger.

Final Lists of Electors

Marginal note:Final list of electors

• 109 (1) The Chief Electoral Officer shall, without delay after polling day, prepare final lists of electors for each electoral district.

• Marginal note:Delivery of final lists to member and parties

  (2) The Chief Electoral Officer shall deliver a printed copy and a copy in electronic form of the final lists of electors for each electoral district to each registered party that endorsed a candidate in the electoral district at the last election and to the member who was elected for the electoral district.

• (3) Not applicable.

Use of Lists of Electors

Marginal note:Registered parties

• 110 (1) A registered party that, under section 109, receives a copy of lists of electors or final lists of electors, respectively, may use the lists for communicating with electors, including using them for soliciting contributions and recruiting party members.

• Marginal note:Members

  (2) A member who, under section 109, receives a copy of lists of electors or final lists of electors, respectively, may use the lists for

  • (a) communicating with his or her electors; and

  • (b) in the case of a member of a registered party, soliciting contributions for the use of the registered party and recruiting party members.

• Marginal note:Registered referendum committee

  (3) A registered referendum committee which, through its agent referred to in subsection 10(1) of the Referendum Act, receives a copy of preliminary lists of electors under section 94, or a copy of revised lists of electors or official lists of electors under subsection 107(3), may use the lists for communicating with  electors during a referendum period, including using them for soliciting contributions and campaigning.

Prohibitions

Marginal note:Prohibitions in relation to lists of electors

111 No person shall

• (a) wilfully apply to be included in a list of electors in a name that is not his or her own;

• (b) wilfully apply, except as authorized by this Act, to be included in a list of electors for a polling division if he or she is already included in a list of electors for another polling division, which list was prepared for use at the same referendum;

• (c) wilfully apply, except as authorized by this Act, to be included in a list of electors for a polling division in which the person is not ordinarily resident;

• (d) apply to have included in a list of electors for an electoral district the name of a person, knowing that the person is not qualified as an elector or entitled to vote in the electoral district;

• (e) wilfully apply to have included in a list of electors the name of an animal or thing; or

• (f) knowingly use personal information that is recorded in a list of electors for a purpose other than

  • (i) to enable registered parties, members or referendum committees to communicate with electors in accordance with section 110, or

  • (ii) a federal election or referendum.

PART 8Preparation for the Vote

List of Deputy Returning Officers

Marginal note:List of deputies and poll clerks

• 112 (1) A returning officer shall, at least three days before polling day, post in his or her office a list of the names and addresses of all the deputy returning officers and poll clerks appointed to act in the electoral district, with the number of the polling station at which each is to act.

• Marginal note:Access to list

  (2) The returning officer shall permit access to, and give full opportunity for the inspection of, the list referred to in subsection (1) by interested persons at any reasonable time.

Referendum Materials

Marginal note:Delivery to returning officers

113 The Chief Electoral Officer, at any time before the issue of the writ or immediately after the issue of it, shall deliver to the returning officer sufficient quantities of referendum materials and the necessary instructions for the referendum officers to perform their duties.

Marginal note:Ballot boxes

• 114 (1) The Chief Electoral Officer shall provide the returning officer with the necessary ballot boxes.

• Marginal note:Material of ballot box

  (2) Each ballot box shall be of the size and shape and made of the material determined by the Chief Electoral Officer and be constructed to allow seals for the use of the returning officers and deputy returning officers to be affixed.

Marginal note:Ballot paper

• 115 (1) As soon as possible after the issue of the writ, the Chief Electoral Officer shall provide the returning officer with the paper on which the ballots are to be printed. The weight and capacity of the paper shall be determined by the Chief Electoral Officer.

• (2) Not applicable.

• 116 (1) Not applicable.

• Marginal note:Form of ballot

  (2) Ballots shall have a counterfoil and a stub, with a line of perforations between the ballot and the counterfoil and between the counterfoil and the stub.

• Marginal note:Numbering of ballots

  (3) The ballots shall be numbered on the back of the stub and the counterfoil, and the same number shall be printed on the stub as on the counterfoil.

• Marginal note:Books of ballots

  (4) Ballots shall be in books containing an appropriate number of ballots.

• Marginal note:Obligation re ballots, ballot paper

  (5) Each printer shall return all of the ballots and all of the unused paper on which the ballots were to have been printed, to the returning officer.

• Marginal note:Printer’s name and affidavit

  (6) Ballots shall bear the name of the printer who, on delivering them to the returning officer, shall include an affidavit in the prescribed form that sets out a description of the ballots, the number of ballots delivered to the returning officer and the fact that all ballots were provided, and all paper returned, as required by subsection (5).

117 Not applicable.

Marginal note:Property of Her Majesty

118 Ballot boxes, ballots, envelopes and marking instruments procured for a referendum are the property of Her Majesty.

Supply of Referendum Materials to Deputy Returning Officer

Marginal note:Materials to be supplied to deputy returning officers

• 119 (1) Before voting begins, each returning officer shall provide each deputy returning officer in his or her electoral district with

  • (a) enough ballots for at least the number of electors on the official list of electors for the deputy returning officer’s polling station;

  • (b) a statement showing the number of ballots that are supplied, with their serial numbers;

  • (c) the necessary materials for electors to mark their ballots;

  • (d) an adequate number of templates, provided by the Chief Electoral Officer, to enable electors who are visually impaired to mark their ballots without assistance;

  • (e) a copy of the instructions of the Chief Electoral Officer referred to in section 113;

  • (f) the official list of electors for use at the polling station, enclosing it when possible in the ballot box with the ballots and other supplies;

  • (g) a ballot box;

  • (h) the text of the oaths to be administered to electors; and

  • (i) the necessary envelopes, forms and other supplies that may be authorized or provided by the Chief Electoral Officer.

• Marginal note:Safekeeping of referendum materials

  (2) Until the opening of the poll, each deputy returning officer is responsible for all referendum materials in his or her possession and shall take every precaution for the safekeeping of those materials and to prevent any person from having unlawful access to them.

Polling Stations and Central Polling Places

Marginal note:Establishment of polling stations

• 120 (1) Each returning officer shall, for polling day, establish one polling station for each polling division.

• Marginal note:Multiple polling stations

  (2) No later than 3 days before a polling day, a returning officer may, with the prior approval of the Chief Electoral Officer, establish several polling stations for a polling division if, because of the number of electors on the list of electors for the polling division, the returning officer believes it necessary for the conduct of the vote, and each of those polling stations is to be designated by the number of the polling division to which is added the letter A, B, C and so on.

• Marginal note:Division of list of electors

  (3) The returning officer shall divide the official list of electors for a polling division into as many separate lists as are required for the taking of the votes at each polling station.

• Marginal note:Certificate of returning officer

  (4) To each portion of the official list of electors that is divided, the returning officer shall, before sending the portion to the deputy returning officer for the polling station, append a certificate signed by the returning officer in the prescribed form attesting to its correctness.

Marginal note:Level access

• 121 (1) Subject to subsection (2), a polling station shall be in premises with level access.

• Marginal note:Exception

  (2) If a returning officer is unable to secure suitable premises with level access for use as a polling station, the returning officer may, with the prior approval of the Chief Electoral Officer, locate the polling station in premises without level access.

• Marginal note:Voting compartments

  (3) Each polling station shall contain one or two voting compartments arranged so that each elector is screened from observation and may, without interference or interruption, mark their ballot.

• Marginal note:Table or desk

  (4) Each voting compartment shall be placed on a hard and smooth surface and shall have in it a suitable black lead pencil for the use of electors in marking their ballots.

Marginal note:Polling station in adjacent polling division

• 122 (1) If a returning officer is unable to secure suitable premises to be used as a polling station within a polling division, the returning officer may establish a polling station in an adjacent polling division and all the provisions of this Act apply as if the polling station were within the polling division to which it appertains.

• Marginal note:Polling station in school or other public building

  (2) Whenever possible, a returning officer shall locate a polling station in a school or other suitable public building and shall locate the polling station or the polling stations in a central polling place, at a place or places in the building that will provide ease of access to electors.

• Marginal note:Polling station in federal buildings

  (3) A returning officer may require the officer in charge of a building owned or occupied by the Government of Canada to make premises in that building available for use as a polling station, and the officer to whom the requirement is directed shall make every reasonable effort to comply with the requirement.

Marginal note:Central polling place

• 123 (1) A returning officer may, if he or she considers it advisable, place several polling stations together in a central polling place.

• Marginal note:Number of polling stations

  (2) A returning officer shall not group together more than 15 polling stations in a central polling place without the prior approval of the Chief Electoral Officer.

• Marginal note:Presumption

  (3) On the establishment of a central polling place under subsection (1), all of the provisions of this Act apply as if each polling station at the central polling place were within the polling division to which it appertains.

Marginal note:Appointments at central polling place

• 124 (1) When a returning officer establishes a central polling place, the returning officer may appoint, with the prior approval of the Chief Electoral Officer,

  • (a) an information officer to provide information to the electors; and

  • (b) a person responsible for maintaining order.

• Marginal note:Central poll supervisor

  (2) When a returning officer establishes a central polling place that contains four or more polling stations, the returning officer may appoint a central poll supervisor to attend at the central polling place on polling day to supervise proceedings and keep the returning officer informed of any matter that adversely affects, or is likely to adversely affect, the proceedings.

Marginal note:Mobile polling station

• 125 (1) When a polling division consisting of two or more institutions is constituted under subsection 538(5), the returning officer may establish a mobile polling station to be located in each of those institutions successively.

• Marginal note:Voting hours for mobile polling station

  (2) The returning officer shall set the times during which a mobile polling station will be located in the institutions referred to in subsection (1).

• Marginal note:Notice

  (3) The returning officer shall give notice to the agents referred to in subsection 10(1) of the Referendum Act of the itinerary of the mobile polling station in accordance with the instructions of the Chief Electoral Officer.

• Marginal note:Provisions applicable to mobile polls

  (4) Subject to the instructions of the Chief Electoral Officer, the provisions of this Act that relate to ordinary polls shall, in so far as they are applicable, apply to mobile polling stations.

Prohibitions

Marginal note:Prohibitions re ballots, etc.

126 No person shall

• (a) forge a ballot;

• (b) without authority under this Act, print a ballot or what purports to be or is capable of being used as a ballot at a referendum;

• (c) being authorized under this Act to print a ballot, knowingly print more ballot papers than the person is authorized to print;

• (d) print a ballot or what purports to be or is capable of being used as a ballot at a referendum with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast; or

• (e) manufacture, import into Canada, have in possession, supply to a referendum officer, or use for the purpose of a referendum, or cause to be manufactured, imported into Canada, provided to a referendum officer, or used for the purposes of a referendum, a ballot box that contains a compartment into which a ballot may be secretly placed or a device by which a ballot may be secretly altered.

PART 9Voting

Voting Opportunities

Marginal note:Manner of voting

127 An elector may vote

• (a) in person at a polling station on polling day;

• (b) in person at an advance polling station during the period provided for the advance poll; or

• (c) by means of a special ballot issued in accordance with Part 11.

Polling Day

Hours

Marginal note:Hours of voting

• 128 (1) The voting hours on polling day are

  • (a) from 8:30 a.m. to 8:30 p.m., if the electoral district is in the Newfoundland, Atlantic or Central time zone;

  • (b) from 9:30 a.m. to 9:30 p.m., if the electoral district is in the Eastern time zone;

  • (c) from 7:30 a.m. to 7:30 p.m., if the electoral district is in the Mountain time zone; and

  • (d) from 7:00 a.m. to 7:00 p.m., if the electoral district is in the Pacific time zone.

• Marginal note:Exception — Saskatchewan

  (2) Despite subsection (1), if polling day is during a time of the year when the rest of the country is observing daylight saving time, the voting hours in Saskatchewan are

  • (a) in the case of an electoral district in the Central time zone, from 7:30 a.m. to 7:30 p.m.; and

  • (b) in the case of an electoral district in the Mountain time zone, from 7:00 a.m. to 7:00 p.m.

Marginal note:Daylight-saving time

129 The Chief Electoral Officer may, if he or she considers it necessary, set the voting hours for the electoral district so that the opening and closing of its polls coincide with the opening and closing of the polls in other electoral districts in the same time zone.

Marginal note:When polls lie in two time zones

130 When more than one local time is observed in an electoral district, the returning officer shall, with the prior approval of the Chief Electoral Officer, determine one local time to be observed for every operation prescribed by this Act or the Referendum Act, and shall publish the hours in the Notice of Referendum referred to in section 62.

Marginal note:Hours for voting

131 If a referendum is held in one or more provinces in the same time zone, the hours of voting are from 8:30 a.m. to 8:30 p.m.

Time to Employees for Voting

Marginal note:Consecutive hours for voting

• 132 (1) Every employee who is an elector is entitled, during voting hours on polling day, to have three consecutive hours for the purpose of casting his or her vote and, if his or her hours of work do not allow for those three consecutive hours, his or her employer shall allow the time for voting that is necessary to provide those three consecutive hours.

• Marginal note:Time at convenience of employer

  (2) The time that the employer shall allow for voting under subsection (1) is at the convenience of the employer.

• Marginal note:Transportation companies

  (3) This section and section 133 do not apply to an employee of a company that transports goods or passengers by land, air or water who is employed outside his or her polling division in the operation of a means of transportation, if the additional time referred to in subsection (1) cannot be allowed without interfering with the transportation service.

Marginal note:No penalty for absence from work to vote

• 133 (1) No employer may make a deduction from the pay of an employee, or impose a penalty, for the time that the employer shall allow for voting under subsection 132(1).

• Marginal note:Hourly, piece-work or other basis of employment

  (2) An employer who pays an employee less than the amount that the employee would have earned on polling day, had the employee continued to work during the time referred to in subsection 132(2) that the employer allowed for voting, is deemed to have made a deduction from the pay of the employee, regardless of the basis on which the employee is paid.

Marginal note:Prohibition

134 No employer shall, by intimidation, undue influence or by any other means, interfere with the granting to an elector in their employ of the three consecutive hours for voting, as provided for in section 132.

Proceedings at the Poll

Marginal note:Who may be present at polling station

• 135 (1) The only persons who may be present at a polling station on polling day are

  • (a) the deputy returning officer and the poll clerk;

  • (b) the returning officer and his or her representatives;

  • (c) not applicable;

  • (d) an agent of each registered referendum committee or a maximum of two witnesses, as the case may be;

  • (e) an elector and a friend or relative who is helping him or her by virtue of subsection 155(1), only for the period necessary to enable the elector to vote; and

  • (f) any observer or member of the Chief Electoral Officer’s staff whom he or she authorizes to be present.

• Marginal note:Delivery of agent’s or witness’s authorization

  (2) When an agent of a registered referendum committee or a witness is admitted to a polling station, his or her written authorization in the prescribed form shall be delivered to the deputy returning officer.

• Marginal note:Agent authorized in writing

  (3) An agent of a registered referendum committee bearing a written authorization referred to in subsection (2) is deemed to be an agent of that committee within the meaning of this Act and the Referendum Act and is entitled to represent that committee in preference to, and to the exclusion of, any elector who might otherwise claim the right to represent that committee.

• Marginal note:Oath of secrecy

  (4) Each agent of a registered referendum committee or witness described in paragraph (1)(d), on being admitted to the polling station, shall take an oath in the prescribed form.

• 136 (1) Not applicable.

• Marginal note:Agents or witnesses may absent themselves from poll

  (2) The agents of registered referendum committees and witnesses described in paragraph 135(1)(d), may leave a polling station at any time and return at any time before the counting of the votes begins and are not required to produce new written authorizations or to take another oath.

• Marginal note:Examination of list of electors and conveying information

  (3) An agent of a registered referendum committee or a witness may, during voting hours,

  • (a) examine the list of electors, provided that the agent or witness does not delay an elector in casting his or her vote; and

  • (b) convey any information obtained by the examination referred to in paragraph (a) to any agent of the registered referendum committee who is on duty outside the polling station.

• Marginal note:Communications device

  (4) An agent of the registered referendum committee or a witness shall not use a communications device at a polling station during voting hours.

• 137 (1) Not applicable.

• Marginal note:Non-attendance of agents or witnesses

  (2) The non-attendance of any agent of a registered referendum committee or witness at any time or place authorized by this Act or the Referendum Act does not in any way invalidate any act or thing done during the absence of the representative if the act or thing is otherwise duly done.

Marginal note:Initialling ballots

• 138 (1) Before a polling station opens on polling day, and in full view of the agents of registered referendum committees or witnesses who are present at the polling station, the deputy returning officer shall initial the back of every ballot, entirely in ink or entirely in black pencil so that when the ballot is folded the initials can be seen. The initials shall be as similar as possible on each ballot.

• Marginal note:Ballots not to be detached

  (2) For the purpose of initialling, the ballots shall not be detached from the books in which they are contained.

• Marginal note:Vote not to be delayed

  (3) The opening of a polling station shall not be delayed for the purpose of initialling the ballots. Ballots that are not initialled when the polling station opens shall be initialled as soon as possible and in all cases before being handed to electors.

Marginal note:Counting of ballots before opening of poll

139 Agents of registered referendum committees or witnesses who are in attendance at least 15 minutes before a polling station opens are entitled to have the ballots intended to be used at the polling station carefully counted in their presence and to inspect the ballots and all other documents relating to the vote.

Marginal note:Examining and sealing ballot box

140 When the polling station opens, the deputy returning officer shall, in full view of the agents of registered referendum committees or witnesses who are present, open the ballot box and ascertain that it is empty, and shall

• (a) seal the ballot box with the seals provided by the Chief Electoral Officer; and

• (b) place the ballot box on a table in full view of all present and ensure that the box remains there until the polling station closes.

Admitting Voters

Marginal note:Calling electors

141 Immediately after the ballot box is sealed, the deputy returning officer shall call on the electors to vote.

Marginal note:Electors not to be impeded

• 142 (1) The deputy returning officer shall ensure that every elector is admitted into the polling station and that the electors are not disturbed when they are in or near the polling station.

• Marginal note:One elector at a time

  (2) A deputy returning officer may, if he or she considers it advisable, direct that not more than one elector for each voting compartment may at any time enter the room where the voting is held.

Marginal note:Elector to declare name, etc.

• 143 (1) Each elector, on arriving at the polling station, shall give his or her name and address to the deputy returning officer and the poll clerk, and on request to an agent of a registered referendum committee or a witness.

• Marginal note:Voting

  (2) The poll clerk shall ascertain if the name of the elector appears on the list of electors and, if it does, the elector’s name shall be crossed off the list and, subject to section 144, the elector shall be immediately allowed to vote.

Marginal note:Proof of identity and residence

• 144 (1) A deputy returning officer, poll clerk, an agent of a registered referendum committee or a witness who has doubts concerning the identity or right to vote of a person intending to vote at a polling station may request that the person show satisfactory proof of identity and residence.

• Marginal note:Oath of elector

  (2) A person may, instead of showing satisfactory proof of identity, take the prescribed oath.

• Marginal note:Oath forbidden

  (3) Once an elector has been given a ballot, no person shall require the elector to show proof of identity or take an oath.

Marginal note:Refusal of elector

• 145 (1) Subject to subsection (2), a person who refuses to show satisfactory proof of identity, to take an oath required by this Act or to reply to a question regarding their entitlement to vote at a particular polling station shall not receive a ballot, be admitted to vote or be again admitted to the polling station.

• Marginal note:When elector refuses to take improper oath

  (2) If an elector refuses to take an oath because he or she is not required to do so under this Act, the elector may appeal to the returning officer. If, after consultation with the deputy returning officer or the poll clerk of the polling station, the returning officer decides that the elector is not required to take the oath, and if the elector is entitled to vote in the polling division, the returning officer shall direct that the elector be again admitted to the polling station and be allowed to vote.

Marginal note:Name and address corresponding closely to another

146 If a name and address in the list of electors correspond so closely with the name and address of a person who demands a ballot as to suggest that it is intended to refer to that person, the person is, on taking the prescribed oath and complying in all other respects with the provisions of this Act, entitled to receive a ballot and to vote.

Marginal note:Elector in whose name another has voted

147 If a person asks for a ballot at a polling station after someone else has voted under that person’s name, the person is entitled to receive a ballot and to vote, after having taken the prescribed oath and satisfied the deputy returning officer as to their identity and entitlement to vote at the polling station.

Marginal note:Name inadvertently crossed off list

148 If the name of an elector has been crossed off in error from an official list of electors under subsection 176(2) or (3), the elector shall be allowed to vote after taking the oath referred to in subsection 144(2), after the deputy returning officer or the poll clerk has verified with the returning officer that their name was crossed off in error.

Marginal note:Elector not allowed to vote

149 An elector whose name does not appear on the official list of electors in his or her polling station shall not be allowed to vote unless the elector

• (a) gives the deputy returning officer a transfer certificate described in section 158 or 159 and, for a certificate described in subsection 158(2), fulfills the conditions described in subsection 158(3);

• (b) provides satisfactory proof of identity, and the deputy returning officer ascertains with the returning officer that the elector is listed either on the preliminary list of electors or was registered during the revision period; or

• (c) gives the deputy returning officer a registration certificate described in subsection 161(4).

Voting Procedure

Marginal note:Delivery of ballot to elector

• 150 (1) Every elector who is admitted to vote shall be given a ballot by the deputy returning officer.

• Marginal note:Instructions to elector on receiving ballot

  (2) The deputy returning officer shall explain to each elector how to indicate his or her choice and fold the ballot so that its serial number and the initials of the deputy returning officer are visible and shall direct the elector to return the marked and folded ballot.

Marginal note:Manner of voting

• 151 (1) An elector shall, after receiving a ballot,

  • (a) proceed directly to the voting compartment;

  • (b) mark the ballot with a cross or other mark in the circular space opposite the word “yes” or “no” according to his or her choice;

  • (c) fold the ballot as instructed by the deputy returning officer; and

  • (d) return the ballot to the deputy returning officer.

• Marginal note:Return of ballot

  (2) The deputy returning officer shall, on receiving the ballot from the elector,

  • (a) without unfolding the ballot, verify that it is the same one that was handed to the elector by examining its serial number and the initials on it;

  • (b) remove and destroy the counterfoil in full view of the elector and all other persons present; and

  • (c) return the ballot to the elector to deposit in the ballot box or, at the elector’s request, deposit it in the ballot box.

Marginal note:Spoiled ballot

• 152 (1) If an elector has inadvertently handled a ballot in such a manner that it cannot be used, the elector shall return it to the deputy returning officer who shall mark it as a spoiled ballot, place it in the envelope supplied for the purpose and give the elector another ballot.

• Marginal note:Limit

  (2) An elector shall not be given more than one ballot under subsection (1).

Marginal note:No delay in voting

• 153 (1) Every elector shall vote without delay and leave the polling station as soon as his or her ballot has been put into the ballot box.

• Marginal note:Electors present at close of voting hours allowed to vote

  (2) An elector who is entitled to vote at a polling station and who is in the polling station or in line at the door at the close of voting hours shall be allowed to vote.

Special Voting Procedures

Marginal note:Assistance by deputy returning officer

• 154 (1) The deputy returning officer, on request by an elector who is unable to vote in the manner prescribed by this Act because he or she cannot read or has a physical disability, shall assist the elector in the presence of the poll clerk.

• Marginal note:Template

  (2) The deputy returning officer shall, on request, provide a template to an elector who has a visual impairment to assist him or her in marking his or her ballot.

Marginal note:Assistance by friend or related person

• 155 (1) If an elector requires assistance to vote, a friend, the spouse, the common-law partner or a relative of the elector or a relative of the elector’s spouse or common-law partner may accompany the elector into the voting compartment and assist the elector to mark his or her ballot.

• Marginal note:Exception

  (2) No person shall as a friend assist more than one elector for the purpose of marking a ballot.

• Marginal note:Oath

  (3) A person described in subsection (1) who wishes to assist an elector in marking a ballot shall first take an oath, in the prescribed form, that he or she

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

  • (b) will not disclose the answer to a referendum question for which the elector voted;

  • (c) will not try to influence the elector in choosing an answer to a referendum question; and

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

• Marginal note:Prohibition — failure to maintain secrecy

  (4) No person who assists an elector under this section shall, directly or indirectly, disclose the answer to a referendum question for which the elector voted.

Marginal note:Use of interpreter

156 A deputy returning officer may appoint and swear a language or sign language interpreter to assist the officer in communicating to an elector any information that is necessary to enable him or her to vote.

Marginal note:Elector who is confined to bed

• 157 (1) At a polling station that has been established in a home for the aged or in a chronic care facility, when the deputy returning officer considers it necessary, the deputy returning officer and the poll clerk shall

  • (a) suspend temporarily the voting in the polling station; and

  • (b) with the approval of the person in charge of the institution, carry the ballot box, ballots and other necessary referendum documents from room to room in the institution to take the votes of electors who are confined to bed and ordinarily resident in the polling division in which the institution is situated.

• Marginal note:Procedure for taking the votes

  (2) When the vote of an elector who is confined to bed is taken, the deputy returning officer shall give the elector the assistance necessary to enable the elector to vote.

Transfer Certificates

• 158 (1) Not applicable.

• Marginal note:Transfer certificate for referendum officer

  (2) A returning officer or an assistant returning officer shall issue a transfer certificate to any person whose name appears on the official list of electors for a polling station and who has been appointed, after the last day of advance polls, to act as a referendum officer for another polling station.

• Marginal note:Condition

  (3) A transfer certificate issued under subsection (2) authorizes the person to vote at the polling station named in it only if, on polling day, the person performs the duty specified in the certificate at the place mentioned in the certificate.

Marginal note:Transfer certificate for elector with a disability

• 159 (1) An elector who is in a wheelchair or who has a physical disability, and who is unable to vote without difficulty in his or her polling division because it does not have a polling station with level access, may apply for a transfer certificate to vote at another polling station with level access in the same electoral district.

• Marginal note:Application requirements

  (2) The application referred to in subsection (1) shall be in the prescribed form, and shall be personally delivered to the returning officer or assistant returning officer for the elector’s electoral district before 10:00 p.m. of the Friday immediately before polling day by the elector, a friend, the spouse, the common-law partner or a relative of the elector or a relative of his or her spouse or common-law partner.

• Marginal note:Issue of transfer certificate to disabled elector

  (3) The returning officer or assistant returning officer shall issue a transfer certificate in the prescribed form, and hand the certificate to the person who delivered the application to the officer, if the officer is satisfied that

  • (a) the elector’s name appears on a list of electors for the electoral district; and

  • (b) the polling station established for the polling division in which the elector resides does not have level access.

Marginal note:Signing, numbering and recording transfer certificate

160 The returning officer or assistant returning officer by whom a transfer certificate is issued shall

• (a) fill in and sign the certificate and mention on it the date of its issue;

• (b) consecutively number the certificate in the order of its issue;

• (c) keep a record of the certificate in the order of its issue on the prescribed form;

• (d) not issue the certificate in blank; and

• (e) if possible, send a copy of the certificate to the deputy returning officer for the polling station on whose list of electors the name of the person to whom the certificate has been issued appears.

Polling Day Registration

Marginal note:Registration in person

• 161 (1) An elector whose name is not on the list of electors may register in person on polling day if

  • (a) the elector provides satisfactory proof of identity and residence; or

  • (b) the elector takes an oath in the prescribed form and is accompanied by an elector whose name appears on the list of electors for the same polling division and who vouches for him or her on oath in the prescribed form.

• Marginal note:Place of registration

  (2) Where subsection (1) applies, the registration may take place before

  • (a) a registration officer at a registration desk established under subsection 39(1); or

  • (b) a deputy returning officer at a polling station with respect to which the Chief Electoral Officer determines that the officer be authorized to receive registrations.

• (3) Not applicable.

• Marginal note:Registration certificate

  (4) Where the elector satisfies the requirements of subsection (1), the registration officer or deputy returning officer, as the case may be, shall complete a registration certificate in the prescribed form authorizing the elector to vote and the elector shall sign it.

• Marginal note:List deemed to be modified

  (5) When a registration certificate is given under subsection (4), the list of electors is deemed, for the purposes of this Act, to have been modified in accordance with the certificate.

• Marginal note:Prohibition — vouching for more than one elector

  (6) No elector shall vouch under paragraph (1)(b) for more than one elector at a referendum.

Duties of Poll Clerk

Marginal note:Duties of poll clerk

162 Each poll clerk shall

• (a) make, on the prescribed form, the entries that the deputy returning officer directs under this Act;

• (b) as soon as the elector’s ballot has been deposited in the ballot box, indicate, beside the name of the elector on the list of electors, that the elector has voted;

• (c) indicate, if applicable, on the prescribed form that the elector has voted under a transfer certificate issued under section 158 or 159 and give the number of the certificate;

• (d) indicate, if applicable, on the prescribed form that the elector has voted, under paragraph 149(b), without his or her name being on the official list of electors;

• (e) indicate, if applicable, on the prescribed form that the elector has voted under section 146;

• (f) indicate, if applicable, on the prescribed form that the elector has presented identification or taken an oath and the type of oath;

• (g) indicate, if applicable, on the prescribed form that the elector refused a legal requirement to show proof of identity or to take an oath or refused to answer a question regarding his or her entitlement to vote at a particular polling station;

• (h) indicate, if applicable, on the prescribed form that the elector has been readmitted to the polling station and allowed to vote under subsection 145(2);

• (i) indicate, if applicable, on the prescribed form that an elector has voted in the circumstances described in section 147, that the oath of identity has been taken or that any other oath was required to be taken and was taken, note any objection that was made on behalf of a registered referendum committee or by a witness, and the name of that committee or witness; and

• (j) indicate, if applicable, on the prescribed form, that an elector has voted under a registration certificate issued under subsection 161(4).

Secrecy

Marginal note:Secret vote

163 The vote is secret.

Marginal note:Secrecy during and after poll

• 164 (1) Every referendum officer, agent of a registered referendum committee, witness or other person present at a polling station or at the counting of the votes shall maintain the secrecy of the vote.

• Marginal note:Secrecy at the poll

  (2) Except as provided by this Act, no elector shall

  • (a) on entering the polling station and before receiving a ballot, openly declare for which answer to a referendum question the elector intends to vote;

  • (b) show his or her ballot, when marked, so as to allow the answer to a referendum question for which the elector has voted to be known; or

  • (c) before leaving the polling station, openly declare for which answer to a referendum question the elector has voted.

• Marginal note:Procedure in case of contravention of secrecy

  (3) It is the duty of each deputy returning officer to draw the attention of any elector to an offence that the elector commits in contravening subsection (2) and to the punishment to which the elector is liable, but the elector shall be allowed to vote in the usual way if he or she has not already done so.

Prohibitions

Marginal note:Prohibition — use of loudspeakers on polling day

165 No person shall use a loudspeaking device within hearing distance of a polling station on polling day for the purpose of promoting or opposing an answer to a referendum question.

Marginal note:Prohibitions — emblems, etc., in polling station

• 166 (1) No person shall

  • (a) post or display in, or on the exterior surface of, a polling place any referendum literature or other material that could be taken as an indication of support for or opposition to an answer to a referendum question;

  • (b) while in a polling station, wear any emblem, flag, banner or other thing that indicates that the person supports or opposes an answer to a referendum question; and

  • (c) in a polling station or in any place where voting at a referendum is taking place, influence electors to vote or refrain from voting or vote or refrain from voting for a particular answer to a referendum question.

• (2) Not applicable.

Marginal note:Prohibitions re ballots, etc.

• 167 (1) No person shall

  • (a) apply for a ballot in a name that is not his or her own;

  • (b) use a forged ballot;

  • (c) knowing that he or she is without authority under this Act to do so, provide a ballot to any person; or

  • (d) knowing that he or she is without authority under this Act to do so, have a ballot in his or her possession.

• Marginal note:Other prohibitions

  (2) No person shall wilfully

  • (a) alter, deface or destroy a ballot or the initials of the deputy returning officer signed on a ballot;

  • (b) put or cause to be put into a ballot box a ballot or other paper otherwise than as provided by this Act;

  • (c) take a ballot out of the polling station; or

  • (d) destroy, take, open or otherwise interfere with a ballot box or book or packet of ballots.

• Marginal note:Prohibitions — deputy returning officers

  (3) No deputy returning officer shall

  • (a) with the intent of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast, put his or her initials on the back of any paper purporting to be or capable of being used as a ballot at a referendum; or

  • (b) place on any ballot any writing, number or mark, with intent that the elector to whom the ballot is to be, or has been, given may be identified.

PART 10Advance Polling

Establishment of Advance Polling Stations

Marginal note:Establishment of advance polling districts

• 168 (1) Each returning officer shall, as directed by the Chief Electoral Officer, establish in his or her electoral district advance polling districts that group polling divisions.

• Marginal note:Description of districts

  (2) The returning officer shall give the Chief Electoral Officer a description of each advance polling district that is established.

• Marginal note:Establishment of advance polling station

  (3) An advance polling station shall be established in each advance polling district.

• Marginal note:Combining advance polling districts

  (4) When a request is made to a returning officer not later than four days after the issue of the writ, the returning officer may, with the permission of the Chief Electoral Officer, combine two advance polling districts into one district.

• Marginal note:Request to move an advance polling station

  (5) When a request is made to a returning officer not later than four days after the issue of the writ to change the location of an advance polling station, the returning officer, with the prior approval of the Chief Electoral Officer, may do so.

• Marginal note:Level access

  (6) An advance polling station shall be in premises with level access.

• Marginal note:Exception

  (7) If a returning officer is unable to secure suitable premises with level access for use as an advance polling station, the returning officer may, with the prior approval of the Chief Electoral Officer, locate the advance polling station in premises without level access.

Registration

Marginal note:Registration at advance polling station

• 169 (1) Every elector whose name is not on the revised list of electors may register in person before the deputy returning officer in the advance polling station where the elector is entitled to vote.

• Marginal note:Conditions

  (2) An elector referred to in subsection (1) shall not be registered unless he or she provides satisfactory proof of identity and residence.

• Marginal note:Registration certificate

  (3) If the elector satisfies the requirements of subsection (2), the deputy returning officer shall complete a registration certificate in the prescribed form and the elector shall sign it.

• Marginal note:Entry

  (4) The poll clerk shall indicate on the prescribed form the names of the electors who are permitted to vote under this section.

Marginal note:List deemed to be modified

170 When a registration certificate is completed and signed in accordance with subsection 169(3), the list of electors is deemed to have been modified in accordance with the certificate.

Voting Procedure

Marginal note:Conduct of advance polls

• 171 (1) Except as provided in this Part, an advance poll shall be conducted in the same manner as the manner in which the vote at a polling station on polling day is conducted and shall be regarded as such for all purposes of this Act.

• Marginal note:When advance polls to be open

  (2) An advance poll shall only be open between the hours of noon and 8:00 p.m. on Friday, Saturday and Monday, the 10th, 9th and 7th days, respectively, before polling day.

Marginal note:Notice of advance poll

172 Each returning officer shall, not later than Saturday, the 16th day before polling day,

• (a) give a notice, in the prescribed form, in the electoral district of the advance poll, that sets out the following information:

  • (i) the numbers of the polling divisions in every advance polling district established by the returning officer,

  • (ii) the location of each advance polling station,

  • (iii) the place where the deputy returning officer of each advance polling station shall count the number of votes cast at the advance polling station, and

  • (iv) that the counting of the votes cast shall take place on polling day as soon after the close of the polling stations as possible; and

• (b) send two copies of the notice to the Chief Electoral Officer.

Marginal note:Who may vote at advance polls

• 173 (1) An elector whose name is on the revised list of electors for a polling division in an advance polling district may vote at the advance polling station established for the advance polling district.

• Marginal note:Elector not on the revised list

  (2) An elector whose name is not on the revised list of electors may not vote at an advance polling station unless

  • (a) the deputy returning officer has ascertained with the returning officer that the elector is on the preliminary list of electors or was registered during the revision period referred to in section 96, and the elector has provided the deputy returning officer with satisfactory proof of identity; or

  • (b) the elector has obtained a registration certificate in accordance with subsection 169(3).

• Marginal note:Procedure by poll clerk

  (3) If an elector whose name does not appear on the revised list of electors has voted, the poll clerk shall indicate on the prescribed form that the elector has voted in accordance with subsection (2).

Marginal note:Duties of deputy returning officer

• 174 (1) If an elector whose name is on the list of electors makes a request to vote at an advance polling station that is established for his or her polling division, the deputy returning officer shall permit the elector to vote unless

  • (a) the deputy returning officer, the poll clerk, an agent of a registered referendum committee or a witness at the advance polling station asks that the person take the oath referred to in subsection 144(2) and the person refuses to do so; or

  • (b) the person refuses to sign the record of votes cast at an advance polling station referred to in subsection (2), as directed by the poll clerk under that subsection.

• Marginal note:Record of votes cast

  (2) The poll clerk at the advance polling station shall, under the direction of the deputy returning officer, keep a record in duplicate, in the prescribed form, of the names of all persons who vote at the advance polling station, in the order in which they vote, and shall

  • (a) mark on the record the notations that the poll clerk is required by this Act to make opposite an elector’s name at a polling station on polling day; and

  • (b) direct the elector to sign the record opposite his or her name.

Marginal note:Examining and sealing of ballot box

• 175 (1) At the opening of an advance polling station at noon on the first day of voting, the deputy returning officer shall, in full view of the agents of registered referendum committees or witnesses who are present,

  • (a) open the ballot box and ascertain that it is empty;

  • (b) seal the ballot box with the seals provided by the Chief Electoral Officer; and

  • (c) place the ballot box on a table in full view of all present and keep it there until the close of the advance polling station on that day.

• Marginal note:Close of advance poll

  (2) At the close of the advance polling station at 8:00 p.m. on each of the three days of voting, the deputy returning officer shall, in full view of the agents of registered referendum committees or witnesses who are present,

  • (a) unseal and open the ballot box;

  • (b) empty the ballots cast during that day, in a manner that does not disclose for which answer to a referendum question any elector has voted, into the envelope supplied for the purpose, seal the envelope with the seal provided by the Chief Electoral Officer and indicate on it the number of ballots contained in it;

  • (c) count the spoiled ballots, place them in the envelope supplied for the purpose, seal the envelope and indicate on it the number of spoiled ballots contained in it;

  • (d) count the unused ballots and the number of electors who have voted at the advance polling station and place the unused ballots and a copy of the record of votes cast at the advance polling station in the envelope supplied for the purpose, seal the envelope with the seal provided by the Chief Electoral Officer and indicate on it the number of unused ballots contained in it and the number of electors who have voted; and

  • (e) place the envelopes referred to in paragraphs (b) to (d) in the ballot box after the signatures have been made as described in subsection (3), and seal the ballot box.

• Marginal note:Affixing of signatures

  (3) The deputy returning officer and poll clerk shall place their signatures on the seals affixed to the envelopes referred to in paragraphs (2)(b) to (d). The agents of registered referendum committees or witnesses who are present may also place their signatures on the seals.

• Marginal note:Re-opening of advance poll

  (4) At the re-opening of the advance polling station at noon on the 2nd and 3rd days of voting, the deputy returning officer shall, in full view of the agents of registered referendum committees or witnesses who are present,

  • (a) unseal and open the ballot box, leaving in it the sealed envelopes containing the spoiled ballots and the ballots cast on the previous day or days of voting;

  • (b) take out and open the envelope that contains the unused ballots and the record of votes cast at the advance polling station; and

  • (c) seal the ballot box, place it on the table in full view of all present and keep it there until the close of the advance polling station on that day.

• Marginal note:Custody of ballot box

  (5) In the intervals between voting hours at the advance polling station and until the counting of the ballots on polling day, the deputy returning officer shall keep the sealed ballot box in his or her custody.

• Marginal note:Agents or witnesses may check seals

  (6) When an advance polling station closes on each of the three days of the vote, the agents of registered referendum committees or witnesses may take note of the serial number of the seal on the ballot box, and may again take note of the serial number when the advance polling station is re-opened on each of the three days of voting and when the votes are counted on polling day.

Marginal note:Collecting the record of votes cast at an advance polling station

• 176 (1) As soon as possible after the close of advance polling stations on Monday, the 7th day before polling day, the returning officer shall have the original copy of the record of votes cast collected from the advance polling stations.

• Marginal note:Crossing off names of voters at advance polls from lists

  (2) Without delay after the returning officer collects the records of votes cast at advance polling stations, he or she shall cross off the lists of electors the names of all electors who voted at the advance polling stations.

• Marginal note:When lists already distributed

  (3) If an official list of electors is sent to a polling station containing the names of electors that appear in the record of votes cast at an advance polling station as having already voted, the returning officer shall instruct the deputy returning officer to cross their names off the list, and the deputy returning officer shall do so without delay.

PART 11Special Voting Rules

Interpretation and Application

Marginal note:Definitions

177 The definitions in this section apply in this Part.

administrative centre

centre administratif

administrative centre means an area established under section 180 for the distribution of materials and the provision of information. (centre administratif)

application for registration and special ballot

demande d’inscription et de bulletin de vote spécial

application for registration and special ballot means an application completed by an elector, other than a Canadian Forces elector, in order to vote under this Part. (demande d’inscription et de bulletin de vote spécial)

Canadian Forces elector

électeur des Forces canadiennes

Canadian Forces elector means an elector who is entitled to vote under Division 2. (électeur des Forces canadiennes)

commanding officer

commandant

commanding officer means the commanding officer of a unit. (commandant)

coordinating officer

agent coordonnateur

coordinating officer means the person so designated by the Minister of National Defence under subsection 199(1) or a person so designated by the minister responsible for corrections in a province under section 246. (agent coordonnateur)

deputy returning officer

scrutateur

deputy returning officer means an elector so designated in accordance with this Part by a commanding officer or returning officer. (scrutateur)

incarcerated elector

électeur incarcéré

incarcerated elector means an elector who is incarcerated in a correctional institution. (électeur incarcéré)

inner envelope

enveloppe intérieure

inner envelope means an envelope that is supplied by the Chief Electoral Officer in which a ballot is to be enclosed after it has been marked. (enveloppe intérieure)

liaison officer

agent de liaison

liaison officer means a Canadian Forces elector designated under section 201 or a person appointed under subsection 248(1). (agent de liaison)

outer envelope

enveloppe extérieure

outer envelope means an envelope that is supplied by the Chief Electoral Officer for the transmission of a ballot after it has been marked and enclosed in an inner envelope. (enveloppe extérieure)

special ballot officer

agent des bulletins de vote spéciaux

special ballot officer means a person who is appointed by the Chief Electoral Officer under section 183 or 184. (agent des bulletins de vote spéciaux)

special voting rules administrator

administrateur des règles électorales spéciales

special voting rules administrator means a person who is appointed under section 181. (administrateur des règles électorales spéciales)

statement of ordinary residence

déclaration de résidence habituelle

statement of ordinary residence means a statement completed under section 194 or 195. (déclaration de résidence habituelle)

unit

unité

unit has the same meaning as in subsection 2(1) of the National Defence Act and includes a base or other element. (unité)

voting territory

territoire de vote

voting territory means an area that is established by or under section 180. (territoire de vote)

178 Not applicable.

Marginal note:Instructions

179 For the purpose of applying this Part to, or adapting any provision of this Part in respect of, a particular circumstance, the Chief Electoral Officer may issue any instructions that he or she considers necessary in order to execute its intent.

DIVISION 1ADMINISTRATION AND GENERAL PROCEDURES

Marginal note:Establishment of voting territories

180 For the purpose of this Part, a voting territory with headquarters in Ottawa is hereby established. The Chief Electoral Officer may establish any additional voting territories or administrative centres in or outside Canada that he or she considers appropriate.

Marginal note:Appointment of special voting rules administrator

181 The Chief Electoral Officer shall appoint, in the prescribed form, a special voting rules administrator.

Marginal note:Duties of special voting rules administrator

182 The special voting rules administrator shall

• (a) secure suitable premises;

• (b) retain the oath of office of each special ballot officer;

• (c) obtain from the liaison officers the lists prepared under paragraph 204(1)(b);

• (d) obtain from the liaison officers the lists of the names of deputy returning officers that the commanding officers are required to provide;

• (e) distribute the referendum materials and the text of any referendum question;

• (f) receive, validate, examine and sort the completed outer envelopes that contain ballots marked by electors;

• (g) proceed with the counting of the votes of electors; and

• (h) communicate the results of the votes cast in accordance with this Part.

Marginal note:Special ballot officers

• 183 (1) After the issue of the writs, the Chief Electoral Officer shall appoint a minimum of six special ballot officers as follows:

  • (a) three, on the recommendation of the Prime Minister or a person whom the Prime Minister designates in writing;

  • (b) two, on the recommendation of the Leader of the Opposition or a person whom that Leader designates in writing; and

  • (c) one, on the recommendation of the Leader of the registered party that has the third largest number of members in the House of Commons as of the last general election, or a person whom that Leader designates in writing.

• Marginal note:Appointment of special ballot officers

  (2) A special ballot officer shall be appointed in the prescribed form.

Marginal note:Appointment of additional special ballot officers

• 184 (1) If the Chief Electoral Officer is of the opinion that the number of special ballot officers appointed under section 183 is insufficient, the Chief Electoral Officer shall appoint additional special ballot officers on recommendations that are, as nearly as possible, in accordance with subsection 183(1).

• Marginal note:Decision of Chief Electoral Officer

  (2) If the registered parties do not nominate the additional special ballot officers under subsection (1) within 24 hours after notification by the Chief Electoral Officer, the Chief Electoral Officer shall make the appointments from among individuals that he or she selects.

Marginal note:Merger of parties

• 185 (1) In the case of a merger of two or more of the registered parties that are represented by the Prime Minister, the Leader of the Opposition or the Leader of the registered party that has the third largest number of members in the House of Commons as of the last general election, the person who may recommend special ballot officers under paragraph 183(1)(c) is the leader of the registered party with the largest number of members in the House of Commons as of the last general election among registered parties other than those three.

• Marginal note:Decision of Chief Electoral Officer

  (2) In the case of a merger referred to in subsection (1), if there is no registered party whose leader may nominate special ballot officers under paragraph 183(1)(c), the Chief Electoral Officer shall make the appointments from among individuals that he or she considers appropriate.

186 Not applicable.

187 Not applicable.

188 Not applicable.

Marginal note:Distribution of referendum materials, etc.

189 The special voting rules administrator shall distribute to commanding officers and, as the special voting rules administrator considers appropriate, to any other person or to any place

• (a) without delay after the writs are issued, a sufficient quantity of referendum materials, including street indexes and guides to electoral districts for the purpose of determining in which electoral district an elector is entitled to vote; and

• (b) not applicable.

DIVISION 2CANADIAN FORCES ELECTORS

Definitions

Marginal note:Definitions

190 The definitions in this section apply in this Division.

elector

électeur

elector means a person who is a Canadian Forces elector under section 191. (électeur)

voting period

période de scrutin

voting period means the period beginning 14 days before polling day and ending 9 days before polling day. (période de scrutin)

Voting Entitlement and Electoral Districts

Marginal note:Canadian Forces electors

191 Any of the following persons is a Canadian Forces elector if he or she is qualified as an elector under section 3 and is not disentitled from voting at a referendum under section 4:

• (a) a member of the regular force of the Canadian Forces;

• (b) a member of the reserve force of the Canadian Forces on full-time training or service or on active service;

• (c) a member of the special force of the Canadian Forces; and

• (d) a person who is employed outside Canada by the Canadian Forces as a teacher in, or as a member of the administrative support staff for, a Canadian Forces school.

Marginal note:Voting limited to electoral district of ordinary residence

192 An elector is only entitled to vote under this Division in respect of the electoral district that includes the place of ordinary residence that the elector has named in his or her statement of ordinary residence.

Marginal note:Voting in actual place of ordinary residence

193 An elector who has not voted under this Division may vote at the polling station established for the polling division of the elector’s place of ordinary residence named in section 192 but only if he or she ordinarily resides in the electoral district referred to in that section as of polling day.

Statement of Ordinary Residence

Marginal note:Completion on enrolment, etc.

• 194 (1) In order to vote under this Division, a person shall, without delay after becoming an elector described in paragraph 191(a), (c) or (d) by virtue of his or her being enrolled in or hired by the Canadian Forces, complete a statement of ordinary residence in the prescribed form that indicates

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

  • (b) his or her date of birth;

  • (c) the civic address of his or her place of ordinary residence in Canada immediately before the enrolment or hiring; and

  • (d) his or her current mailing address.

• Marginal note:Completion on becoming ordinarily resident

  (2) A person who cannot complete a statement of ordinary residence under subsection (1) because he or she did not have a place of ordinary residence in Canada when enrolled in or hired by the Canadian Forces shall, without delay after being able to indicate a place referred to in paragraph (4)(a) or (b) as his or her place of ordinary residence, complete a statement of ordinary residence in accordance with subsection (1), indicating that place as his or her place of ordinary residence.

• Marginal note:Members of Canadian Forces not entitled to vote

  (3) A person who was not qualified as an elector when enrolled in or hired by the Canadian Forces shall, without delay after becoming qualified, complete a statement of ordinary residence in accordance with subsection (1) that indicates a place of ordinary residence described in subsection (4).

• Marginal note:Change of ordinary residence, etc.

  (4) An elector may amend the information in his or her statement of ordinary residence and may indicate as a place of ordinary residence the civic address of

  • (a) the place of ordinary residence of the spouse, the common-law partner, a relative or a dependant of the eligible elector, a relative of his or her spouse or common-law partner or a person with whom the elector would live but for his or her being enrolled in or hired by the Canadian Forces;

  • (b) the place where the member is residing by reason of his or her performance of services as a member of the Canadian Forces; or

  • (c) the elector’s place of ordinary residence immediately before being enrolled in or hired by the Canadian Forces.

• Marginal note:When no statement completed

  (5) An elector described in subsection (1), (2) or (3) who has not completed a statement of ordinary residence in accordance with subsection (1) may do so at any time.

• Marginal note:Coming into force of amendments

  (6) An amendment to a statement of ordinary residence takes effect

  • (a) if it is made during a referendum period, 14 days after polling day; and

  • (b) if it is made at any other time, 60 days after the commanding officer of the elector’s unit receives it.

• Marginal note:Optional information

  (7) In addition to the information specified in subsection (1), the Chief Electoral Officer may invite the elector to provide other information that the Chief Electoral Officer considers necessary to implement agreements made under section 55 of the Canada Election Act, but the elector is not required to provide that information.

Marginal note:Completion by reserve member not on active service

• 195 (1) A member of the reserve force of the Canadian Forces who is not on active service and who, at any time during the period beginning on the issue of the writs and ending on the Saturday immediately before polling day, is on full-time training or service, shall complete a statement of ordinary residence in the prescribed form that indicates

  • (a) the member’s surname, given names, sex and rank;

  • (b) the member’s date of birth;

  • (c) the civic address of the member’s place of ordinary residence in Canada immediately before that full-time training or service began; and

  • (d) the member’s current mailing address.

• Marginal note:Completion by reserve member on active service

  (2) Every member of the reserve force of the Canadian Forces who is placed on active service, other than a member who immediately before being placed on active service was on full-time training or service and completed a statement of ordinary residence in accordance with subsection (1) after that full-time training or service began, shall complete a statement of ordinary residence in the same form as in subsection (1) that indicates

  • (a) the member’s surname, given names, sex and rank;

  • (b) the member’s date of birth;

  • (c) the civic address of the member’s place of ordinary residence in Canada immediately before the member was placed on active service; and

  • (d) the member’s current mailing address.

• Marginal note:Members of reserve force not entitled to vote

  (3) A member of the reserve force of the Canadian Forces referred to in subsection (1) or (2) who was not qualified as an elector while on full-time training or service shall, without delay after becoming qualified, complete a statement of ordinary residence in accordance with subsection (1) or (2), as the case may be, that indicates a place of ordinary residence described in subsection (4).

• Marginal note:Change of ordinary residence, etc.

  (4) An elector may amend the information in his or her statement of ordinary residence and may indicate as a place of ordinary residence the civic address of

  • (a) the place of ordinary residence of a person with whom the elector would live but for his or her being on training or service or a person designated by the elector as next of kin;

  • (b) the place where the elector is residing by reason of his or her being on training or service; or

  • (c) the elector’s place of ordinary residence immediately before being on training or service.

• Marginal note:When no statement completed

  (5) An elector described in subsection (1), (2) or (3) who has not completed a statement of ordinary residence in accordance with subsection (1) or (2), as the case may be, may do so at any time.

• Marginal note:Coming into force of amendments

  (6) An amendment to a statement of ordinary residence takes effect

  • (a) if it is made during a referendum period, 14 days after polling day; and

  • (b) if it is made at any other time, 60 days after the commanding officer of the elector’s unit receives it.

• Marginal note:Optional information

  (7) In addition to the information specified in subsection (1), the Chief Electoral Officer may invite the member to provide other information that the Chief Electoral Officer considers necessary to implement agreements made under section 55 of the Canada Elections Act, but the member is not required to provide that information.

Marginal note:Statement to be sent to Chief Electoral Officer

• 196 (1) The original of a statement of ordinary residence of an elector, other than a statement completed under section 195, shall be sent to the Chief Electoral Officer and a copy of that original shall be kept in the unit in which the elector is serving.

• Marginal note:Validation

  (2) On receiving the statement of ordinary residence, the Chief Electoral Officer shall

  • (a) validate it by indicating on it the name of the electoral district that includes the place of ordinary residence shown in the statement; and

  • (b) return it to the commanding officer of the unit in which the elector is serving.

• Marginal note:Retention of validated statement

  (3) On receiving the statement of ordinary residence, the commanding officer shall destroy the copy kept under subsection (1) and keep the validated original with the elector’s unit service documents.

• Marginal note:Prior statements to be destroyed

  (4) On receiving the validated statement of ordinary residence, the commanding officer may destroy any other original or copy of a statement of ordinary residence that was filed with the elector’s unit service documents.

Marginal note:Filing of reservists’ statements

197 A statement of ordinary residence completed by a member of the reserve force of the Canadian Forces under section 195 shall be filed with the unit in which the member is on full-time training or service or active service, as the case may be.

Marginal note:Retention of statements

198 Statements of ordinary residence shall be retained for a period of one year after a person ceases to be entitled to vote under this Division and may be destroyed at the end of that period.

Coordinating Officer

Marginal note:Designation

• 199 (1) The Minister of National Defence shall designate a person as a coordinating officer to work, during and between referendums, with the Chief Electoral Officer in carrying out the purposes and provisions of this Division.

• Marginal note:Duties

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

  • (a) the elector’s surname, given names, sex and rank;

  • (b) the elector’s date of birth;

  • (c) the civic address of the elector’s place of ordinary residence indicated on any validated statement of ordinary residence; and

  • (d) the elector’s current mailing address.

Steps to Prepare for Vote

Marginal note:Duties 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 and of the location of voting territories and administrative centres.

Marginal note:Duties of Minister of National Defence

201 On being informed of the issue of the writs, the Minister of National Defence shall designate one or more electors to act as liaison officers for the vote.

Marginal note:Duties of coordinating officer

202 On being informed of the issue of the writs, the coordinating officer shall

• (a) inform each commanding officer of their issue; and

• (b) inform the Chief Electoral Officer of the name and address of each liaison officer.

Marginal note:Duty of liaison officers to communicate with unit

• 203 (1) On being designated, a liaison officer shall communicate with each commanding officer in respect of whose unit the liaison officer has liaison duties, with respect to any matter that relates to the vote.

• Marginal note:Duty to cooperate with Chief Electoral Officer

  (2) A liaison officer shall cooperate with the Chief Electoral Officer in the administration of the vote.

Duties of Commanding Officers

Marginal note:Notice

• 204 (1) On being informed of the issue of the writs, each commanding officer shall

  • (a) publish a notice as a part of unit orders; and

  • (b) prepare a list of the names of the electors of his or her unit.

• Marginal note:Contents of notice

  (2) The notice shall notify electors that a referendum has been called and of the date of polling day and shall inform the electors that

  • (a) they may vote in accordance with this Division; and

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

• Marginal note:Contents of list

  (3) The list shall be arranged alphabetically and shall indicate each elector’s surname, given names, sex and rank, and

  • (a) if the elector’s statement of ordinary residence has been validated, the name of the elector’s electoral district; or

  • (b) if the elector’s statement of ordinary residence has not been validated, the place of ordinary residence as indicated in the statement of ordinary residence.

Marginal note:Duties of commanding officer

• 205 (1) Within seven days after being informed of the issue of the writs, each commanding officer shall

  • (a) establish polling stations;

  • (b) designate an elector as the deputy returning officer for each polling station;

  • (c) through a liaison officer, provide the Chief Electoral Officer with a list of the designated deputy returning officers and their ranks, and sufficient copies of the list of electors for the unit; and

  • (d) provide the designated deputy returning officers with a copy of the list of electors for the unit.

• Marginal note:Facilities

  (2) Each commanding officer shall provide the facilities that are necessary to enable the electors to vote in accordance with this Division.

• Marginal note:Voting times

  (3) Each commanding officer shall fix the voting times so that the polling stations in his or her unit are open for at least three hours a day on at least three days during the voting period.

Marginal note:Mobile polling station

• 206 (1) A commanding officer may establish a mobile polling station in any area for the purpose of collecting the votes of electors who cannot conveniently reach polling stations established at their unit.

• Marginal note:Opening period

  (2) A mobile polling station shall remain in an area and be open for the collection of votes for the days and hours during the voting period that the commanding officer considers necessary to give electors in the area a reasonable opportunity to vote.

Marginal note:Joint polling stations

207 The commanding officers of units that are in the same locality may establish one polling station for all electors in their units, if the commanding officers consider that it would be expedient for the purposes of this Division.

Marginal note:Notice of polling stations and voting times

208 During each of three or more days before the voting period and on each day on which the vote is held, each commanding officer shall publish in his or her unit’s orders and put in a conspicuous place a notice that states

• (a) the days on which the electors may vote;

• (b) the precise location of, and the voting hours at, each polling station, other than a mobile polling station; and

• (c) in the case of a mobile polling station, its location and the anticipated period during which it is to remain at that location.

Marginal note:Referendum materials

209 On receiving referendum materials and the text of any referendum question, each commanding officer shall

• (a) distribute the materials in sufficient quantities to the designated deputy returning officers; and

• (b) post copies of the text in conspicuous places.

Voting

Marginal note:Duties of deputy returning officer

210 During the voting period, a deputy returning officer for a unit shall, at each polling station,

• (a) put in conspicuous places two or more copies of voting instructions provided by the Chief Electoral Officer and relating to the vote under this Division in the prescribed form; and

• (b) keep available for consultation by the electors one copy of this Part, one set of street indexes, and one guide to electoral districts.

211 Not applicable.

Marginal note:Completion of certain documents

212 Before delivering a ballot to an elector, a deputy returning officer shall require the elector to complete a statement of ordinary residence, if none has been placed in the elector’s unit service documents, and to make and sign the declaration on the outer envelope.

Marginal note:Provision of ballot, etc.

• 213 (1) A deputy returning officer shall, on completion of the documents referred to in section 212, give the elector a ballot, an inner envelope and the outer envelope signed by the elector.

• Marginal note:Voting on ballot

  (2) The elector shall vote by marking a cross or other mark in the circular space provided opposite the word “yes” or “no” on the ballot, in private, folding the ballot and, in the presence of the deputy returning officer,

  • (a) placing the folded ballot in the inner envelope and sealing the envelope; and

  • (b) placing the inner envelope in the outer envelope and sealing the outer envelope.

• (3) Not applicable.

• Marginal note:Spoiled ballot

  (4) If an elector has inadvertently handled a ballot in such a manner that it cannot be used, the elector shall return it to the deputy returning officer who shall mark it as spoiled and give an additional ballot to the elector.

• Marginal note:Limit

  (5) An elector shall not be given more than one ballot under subsection (4).

Marginal note:Return of vote — information

• 214 (1) The deputy returning officer shall inform an elector that, in order to be counted, the outer envelope must be received by the special voting rules administrator in Ottawa not later than 6:00 p.m. on polling day. The deputy returning officer shall inform the elector of the location of the nearest post office or mail box and of the service provided by the Canadian Forces to deliver the outer envelope.

• Marginal note:Sending the outer envelope

  (2) If the elector does not use the delivery service provided by the Canadian Forces, it is the elector’s responsibility to ensure that the outer envelope is sent to the special voting rules administrator.

• Marginal note:Postage

  (3) If the elector chooses to use a postal service, the deputy returning officer must ensure that sufficient postage is affixed to the outer envelope.

Marginal note:Voting by deputy returning officer

215 A deputy returning officer who is qualified to vote may vote in accordance with this Division.

Marginal note:Assistance

• 216 (1) If an elector is, because of a physical disability, unable to vote in the manner described in this Division, the deputy returning officer shall assist him or her by

  • (a) completing the declaration on the outer envelope and writing the elector’s name where his or her signature is to be written; and

  • (b) marking the ballot as directed by the elector in his or her presence and in the presence of another elector selected by the elector as a witness.

• Marginal note:Note and keeping vote secret

  (2) The deputy returning officer and an elector acting as a witness shall

  • (a) sign a note on the outer envelope indicating that the elector was assisted; and

  • (b) keep secret the answer to any referendum question for which the elector voted.

Marginal note:Hospitalized or convalescing elector

• 217 (1) An elector who is a patient in a service hospital or convalescent institution during the voting times fixed for the polling stations in his or her unit is deemed to be a member of the unit under the command of the officer in charge of the hospital or institution.

• Marginal note:Deputy returning officer for hospitalized electors

  (2) If no deputy returning officer has been designated for a service hospital or convalescent institution, the deputy returning officer for the unit to which the hospital or institution belongs is the deputy returning officer for electors who are patients in the hospital or institution.

• Marginal note:Bed-ridden electors

  (3) A deputy returning officer for electors who are patients in a service hospital or convalescent institution may, if that officer considers it advisable and the commanding officer for the unit approves, go from room to room to administer and collect the votes of electors who are confined to bed.

Marginal note:Duty, leave or furlough

218 An elector who provides satisfactory evidence of their absence from their unit during the voting times fixed for the polling stations in his or her unit because of duty, leave or furlough may apply to a deputy returning officer of another unit to vote at that officer’s polling station.

Marginal note:End of voting period — delivery of documents

• 219 (1) At the end of the voting period, the deputy returning officer for a unit shall deliver to the unit’s commanding officer

  • (a) the outer envelopes that contain the marked ballots;

  • (b) any unused or spoiled outer envelopes;

  • (c) any unused or spoiled ballots and unused inner envelopes; and

  • (d) in a separate and clearly identified parcel, every statement of ordinary residence completed at the time of voting.

• Marginal note:Duties of commanding officer

  (2) On receipt of the documents referred to in subsection (1), the commanding officer shall

  • (a) deal with the originals and copies of the statements of ordinary residence in accordance with this Division; and

  • (b) deliver to the Chief Electoral Officer all other documents and referendum materials received from the deputy returning officers.

DIVISION 3ELECTORS TEMPORARILY RESIDENT OUTSIDE CANADA

Marginal note:Definitions

220 The definitions in this section apply in this Division.

elector

électeur

elector means an elector, other than a Canadian Forces elector, who resides temporarily outside Canada. (électeur)

register

registre

register means the register referred to in subsection 222(1). (registre)

Marginal note:Inclusion in register of electors temporarily resident outside Canada

221 An elector may vote under this Division if his or her application for registration and special ballot is received in Ottawa by 6:00 p.m. on the 6th day before polling day and his or her name is entered on the register.

Marginal note:Register of electors

• 222 (1) The Chief Electoral Officer shall maintain a register of electors who are temporarily resident outside Canada in which is entered the name, date of birth, civic and mailing addresses, sex and electoral district of each elector who has filed an application for registration and special ballot and who

  • (a) at any time before making the application, resided in Canada;

  • (b) has been residing outside Canada for less than five consecutive years immediately before making the application; and

  • (c) intends to return to Canada to resume residence in the future.

• Marginal note:Exception

  (2) Paragraph (1)(b) does not apply to an elector who is

  • (a) employed outside Canada in the public service of Canada or of a province;

  • (b) employed outside Canada by an international organization of which Canada is a member and to which Canada contributes;

  • (c) a person who lives with an elector referred to in paragraph (a) or (b); or

  • (d) a person who lives with a member of the Canadian Forces or with a person referred to in paragraph 191(d).

Marginal note:Inclusion in register

• 223 (1) An application for registration and special ballot may be made by an elector. It shall be in the prescribed form and shall include

  • (a) satisfactory proof of the elector’s identity;

  • (b) if paragraph 222(1)(b) does not apply in respect of the elector, proof of the applicability of an exception set out in subsection 222(2);

  • (c) the elector’s date of birth;

  • (d) the date the elector left Canada;

  • (e) the address of the elector’s last place of ordinary residence in Canada before he or she left Canada or the address of the place of ordinary residence in Canada of the spouse, the common-law partner or a relative of the elector, a relative of the elector’s spouse or common-law partner, a person in relation to whom the elector is a dependant or a person with whom the elector would live but for his or her residing temporarily outside Canada;

  • (f) the date on which the elector intends to resume residence in Canada;

  • (g) the elector’s mailing address outside Canada; and

  • (h) any other information that the Chief Electoral Officer considers necessary to determine the elector’s entitlement to vote or the electoral district in which he or she may vote.

• Marginal note:Optional information

  (2) In addition to the information specified in subsection (1), 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 of the Canada Elections Act, but the elector is not required to provide that information.

Marginal note:Prohibition — change of address

224 The address chosen as the place of ordinary residence in Canada in the application for registration and special ballot cannot be changed after the elector’s name is entered in the register.

Marginal note:Information to be provided

225 The Chief Electoral Officer may require an elector whose name appears in the register to provide, within the time fixed by the Chief Electoral Officer, any information that is necessary to update the register.

Marginal note:Deletion of names from register

226 The Chief Electoral Officer shall delete from the register the name of an elector who

• (a) does not provide the information referred to in section 225 within the time fixed by the Chief Electoral Officer;

• (b) makes a signed request to the Chief Electoral Officer to have his or her name deleted from the register;

• (c) has died and concerning whom a request has been received to have the elector’s name deleted from the register, to which request is attached a death certificate or other documentary evidence of the death;

• (d) returns to Canada to reside;

• (e) cannot be contacted; or

• (f) except for an elector to whom any of paragraphs 222(2)(a) to (d) applies, has resided outside Canada for five consecutive years or more.

Marginal note:Sending of ballot and envelopes

• 227 (1) After approving an application for registration and ballot and after the issue of the writs, the Chief Electoral Officer shall send a ballot, an inner envelope and an outer envelope to every elector whose name is entered in the register, at the address referred to in paragraph 223(1)(g).

• Marginal note:Voting

  (2) An elector shall vote by

  • (a) marking a cross or other mark in the circular space provided opposite the word “yes” or “no” on the ballot;

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

  • (c) placing the inner envelope in the outer envelope; and

  • (d) signing the declaration on the outer envelope and sealing it.

• (3) Not applicable.

Marginal note:Sending of outer envelope

228 An elector shall send the sealed outer envelope to the Chief Electoral Officer

• (a) by mail or any other means; or

• (b) by delivering it to a Canadian Embassy, Canadian High Commission or Canadian Consular Office, to a Canadian Forces base or to any place that the Chief Electoral Officer may designate.

Marginal note:Deadline for return of vote

229 The ballot must arrive at the office of the Chief Electoral Officer in Ottawa not later than 6:00 p.m. on polling day in order to be counted.

Marginal note:Responsibilities of elector

230 For the purpose of this Division, an elector has the sole responsibility to ensure that

• (a) his or her application for registration and special ballot is made within the period specified; and

• (b) his or her ballot is received within the period specified to be counted.

DIVISION 4ELECTORS RESIDING IN CANADA

Definition of elector

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

Marginal note:Conditions for voting

232 An elector may vote under this Division if his or her application for registration and special ballot is received after the issue of the writs and before 6:00 p.m. on the 6th day before polling day

• (a) by a returning officer in an electoral district; or

• (b) by the special voting rules administrator.

Marginal note:Information required for application

• 233 (1) The application for registration and special ballot shall be in the prescribed form and shall include the following information:

  • (a) the elector’s name and place of ordinary residence;

  • (b) the elector’s date of birth;

  • (c) satisfactory proof of the elector’s identity and residence;

  • (d) the elector’s mailing address; and

  • (e) any other information that the Chief Electoral Officer considers necessary to determine the elector’s entitlement to vote or the electoral district in which he or she may vote.

• 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 mailing address of his or her dwelling place for the purpose of paragraph (1)(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 that other address except as required to send the 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:Optional information

  (2) In addition to the information specified in subsection (1), the Chief Electoral Officer may request that the elector provide other information that the Chief Electoral Officer considers necessary to implement agreements made under section 55 of the Canada Elections Act, but the elector is not required to provide that information.

• Marginal note:Information provided

  (3) An elector who makes an application for registration and special ballot shall indicate whether his or her name is already on a list of electors and, if it is, in which electoral district.

Marginal note:Name of elector previously included on list of electors

• 234 (1) The special voting rules administrator shall inform the returning officer of any elector whose name is on a list of electors for the returning officer’s electoral district and who has received a ballot from another electoral district. The returning officer shall indicate on the list of electors that the elector has received a ballot.

• Marginal note:Name of elector not previously included on list

  (2) If an elector’s name is not already included on a list of electors, the special voting rules administrator shall so inform the returning officer for the electoral district in which the elector is to vote. The returning officer shall enter the elector’s name on the list of electors for the appropriate polling division in that electoral district and shall indicate that the elector has received a ballot.

Marginal note:Voting under this Division

235 Once an elector’s application for registration and special ballot has been accepted, the elector may only vote under this Division.

Marginal note:Note on the list of electors

236 If an elector applies for registration and special ballot in his or her electoral district, the returning officer shall, if necessary, add the elector’s name to the appropriate list of electors and shall indicate on the list that the elector has received a ballot in accordance with this Division.

Marginal note:Provision of ballot

237 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:Voting

238 An elector who has received a ballot under this Division may vote in accordance with subsection 227(2).

Marginal note:Sending to Chief Electoral Officer

• 239 (1) An elector who does not vote in his or her electoral district shall send the sealed outer envelope to the special voting rules administrator

  • (a) by mail or any other means; or

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

• Marginal note:Deadline for receipt

  (2) In order to have the ballot counted, an elector shall ensure that the ballot is received

  • (a) if the ballot is cast in the elector’s electoral district, at the office of the returning officer before the close of the polling stations on polling day; or

  • (b) if the ballot is cast outside the elector’s electoral district, at the office of the special voting rules administrator in Ottawa, not later than 6:00 p.m. on polling day.

Marginal note:Responsibilities of elector

240 For the purpose of this Division, an elector has the sole responsibility to ensure that

• (a) his or her application for registration and special ballot is made within the period specified; and

• (b) his or her ballot is received within the period specified to be counted as a vote.

241 Not applicable.

Marginal note:Spoiled ballot

• 242 (1) If an elector has inadvertently handled a ballot in such a manner that it cannot be used, the elector shall return it to the referendum officer who shall mark it as a spoiled ballot and give the elector another ballot.

• Marginal note:Limit

  (2) An elector shall not be given more than one ballot under subsection (1).

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 physical disability is unable to vote in the manner described in this Division, the designated referendum officer shall assist the elector by

  • (a) completing the declaration on the outer envelope and writing the elector’s name where his or her signature is to be written; and

  • (b) marking the ballot as directed by the elector in his or her presence.

• Marginal note:Note on outer envelope

  (2) A referendum officer who assists an elector under subsection (1) shall indicate, by signing the note on the outer envelope, that the elector was assisted.

Marginal note:Registration, 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 physical disability, and who is unable to personally go to the office of the returning officer because of a physical disability, the designated referendum 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 on the outer envelope and writing the elector’s name where the elector’s signature is to be written; and

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

• Marginal note:Note on outer envelope

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

DIVISION 5INCARCERATED ELECTORS

Marginal note:Definition of “elector”

244 For the purpose of this Division, “elector” means an incarcerated elector.

Marginal note:Entitlement to vote

• 245 (1) Every person who is incarcerated and who is otherwise qualified to vote under this Act is entitled to vote under this Division on the 10th day before polling day.

• Marginal note:Exercise of right to vote

  (2) An elector is not entitled to vote under this Division unless he or she has signed an application for registration and special ballot under section 251 and a declaration described in section 257.

• Marginal note:Vote to be in electoral district

  (3) An elector is entitled to vote under this Division only in respect of the electoral district in which his or her place of ordinary residence is situated as shown on the application for registration and special ballot made by the elector under section 251.

Marginal note:Designation of coordinating officers

246 The ministers responsible for corrections in the provinces shall each designate a person as a coordinating officer to work, during and between referendums with the Chief Electoral Officer to carry out the purposes and provisions of this Division.

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 minister responsible for corrections in a province of their issue and of the location of administrative centres.

• Marginal note:Designation of liaison officers

  (2) On being informed of the issue of the writs, each minister responsible for corrections in a province shall

  • (a) inform the coordinating officer for that province of the issue of the writs;

  • (b) designate one or more persons to act as liaison officers in connection with the taking of the votes of electors; and

  • (c) inform the Chief Electoral Officer and the coordinating officer for that province of the name and address of each liaison officer.

Marginal note:Liaison officers

• 248 (1) The Chief Electoral Officer shall appoint persons designated under paragraph 247(2)(b) in the prescribed form.

• Marginal note:Duty to cooperate

  (2) During the referendum 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.

Marginal note:Duty of coordinating officer

249 When a coordinating officer is informed that a liaison officer has been designated, the coordinating officer shall give the liaison officer all necessary information on taking the votes of electors.

Marginal note:Notice of entitlement to vote

• 250 (1) A liaison officer shall, without delay after being appointed, post a notice in the prescribed form in a prominent place in the correctional institution that informs electors of the date on which they are entitled to vote in accordance with this Division.

• Marginal note:Voting hours

  (2) The polling stations shall be open on the 10th 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.

Marginal note:Application for registration and special ballot

• 251 (1) Before the 10th 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).

• Marginal note:Residence of elector

  (2) The place of ordinary residence of an elector is the first of the following places for which the elector knows the civic and mailing addresses:

  • (a) his or her residence before being incarcerated;

  • (b) the residence of the spouse, the common-law partner, a relative or a dependant of the elector, a relative of his or her spouse or common-law partner or a person with whom the elector would live but for his or her incarceration;

  • (c) the place of his or her arrest; or

  • (d) the last court where the elector was convicted and sentenced.

• Marginal note:Optional information

  (3) In addition to providing his or her place of ordinary residence, the Chief Electoral Officer may request that the elector provide other information that the Chief Electoral Officer considers necessary to implement agreements made under section 55 of the Canada Elections Act, but the elector is not required to provide that information.

• Marginal note:Validation

  (4) The liaison officer shall validate the application for registration and special ballot by signing it and indicating on it the name of the electoral district that includes the place of ordinary residence as determined under subsection (2).

• Marginal note:Dispute about electoral district

  (5) If a dispute arises as to in which electoral district an elector may vote, the elector may refer the matter to the returning officer for the electoral district where the correctional institution is located, and the returning officer shall make a final determination in accordance with the process for revising lists of electors.

Marginal note:List of incarcerated electors

252 Applications for registration and special ballot are deemed to be the list of electors who vote under this Division.

Marginal note:Appointment of deputy returning officers and poll clerks

• 253 (1) Before the 18th day before polling day, each returning officer shall, for each correctional institution in his or her electoral district, in consultation with the liaison officer for the institution, establish one or more polling stations and appoint a deputy returning officer and a poll clerk for each polling station.

• Marginal note:Provision of referendum materials

  (2) A liaison officer shall, on receiving the referendum materials and the text of any referendum question,

  • (a) provide the materials in sufficient quantities to the deputy returning officers appointed under subsection (1) for the correctional institution; and

  • (b) post the text of any referendum question in one or more conspicuous places in the correctional institution.

Marginal note:Duties of deputy returning officer

254 On the day on which the electors cast their ballots, the deputy returning officer shall, at each polling station,

• (a) post two or more copies of the voting instructions, in the prescribed form, in conspicuous places; and

• (b) keep readily available for consultation by electors a copy of this Part, a set of street indexes, and a guide to electoral districts.

Marginal note:Mobile polling stations

• 255 (1) A liaison officer shall, when required, establish a mobile polling station within a correctional institution to take the votes of the electors who are confined to their cells or in an infirmary.

• Marginal note:Common mobile polling stations

  (2) A returning officer may, in cooperation with liaison officers, create a mobile polling station for correctional institutions of fewer than 50 electors that are within the returning officer’s electoral district and that are within reasonable travelling distance of each other.

256 Not applicable.

Marginal note:Declaration of elector

• 257 (1) Before delivering a ballot to an elector, the deputy returning officer for a correctional institution shall require the elector to complete an application for registration and special ballot, if the elector has not already done so, and to make and sign the declaration on the outer envelope.

• Marginal note:Giving ballot to elector

  (2) After the elector has signed the declaration on the outer envelope, the deputy returning officer shall

  • (a) sign the outer envelope; and

  • (b) give the elector a ballot, an inner envelope and the outer envelope.

Marginal note:Voting

• 258 (1) The elector shall vote by marking a cross or other mark in the circular space provided opposite the word “yes” or “no” on the ballot, folding the ballot and, in the presence of the deputy returning officer,

  • (a) placing the ballot in the inner envelope and sealing the envelope; and

  • (b) placing the inner envelope in the outer envelope and sealing the outer envelope.

• (2) Not applicable.

• Marginal note:Spoiled ballot

  (3) If an elector has inadvertently handled a ballot in such a manner that it cannot be used, the elector shall return it to the deputy returning officer who shall mark it as a spoiled ballot and give the elector another ballot.

• Marginal note:Limit

  (4) An elector shall not be given more than one ballot under subsection (3).

Marginal note:Assistance

• 259 (1) If an elector is unable to read or because of a physical disability is unable to vote under this Division, the deputy returning officer shall assist the elector by

  • (a) completing the declaration on the outer envelope and writing the elector’s name where his or her signature is to be written; and

  • (b) marking the ballot as directed by the elector in his or her presence and in the presence of the poll clerk.

• Marginal note:Note on outer envelope

  (2) The deputy returning officer and the poll clerk shall sign a note on the outer envelope indicating that the elector was assisted.

Marginal note:Delivery of documents after the vote

260 Without delay after the votes have been cast at a correctional institution, the deputy returning officer shall deliver to the liaison officer for the institution

• (a) the outer envelopes that contain the marked ballots;

• (b) any unused or spoiled outer envelopes;

• (c) any unused or spoiled ballots and unused inner envelopes; and

• (d) the applications for registration and special ballot.

Marginal note:Deadline for return of referendum material

261 Every liaison officer shall ensure that the referendum material referred to in section 260 is received by the special voting rules administrator in Ottawa no later than 6:00 p.m. on polling day.

Marginal note:Integration into final list of electors

262 The applications for registration and special ballot shall be integrated into the final list of electors referred to in section 109.

DIVISION 6COUNTING OF VOTES AT THE OFFICE OF THE CHIEF ELECTORAL OFFICER

Marginal note:Application

263 This Division applies to the counting of all ballots cast in accordance with this Part, except those referred to in Division 7.

Marginal note:Administration

• 264 (1) The counting of the ballots shall be conducted by special ballot officers under the supervision of the special voting rules administrator.

• Marginal note:Special ballot officers

  (2) Special ballot officers shall work in pairs of persons representing different registered parties.

Marginal note:Directives

265 The Chief Electoral Officer shall prescribe security instructions for the safekeeping of ballots, inner envelopes, outer envelopes and all other referendum documents, and instructions for the receiving, sorting and counting of ballots.

Marginal note:Counting of votes

266 The counting of votes shall commence on a date to be fixed by the Chief Electoral Officer or, if no date is fixed, on Wednesday, the 5th day before polling day.

Marginal note:Setting aside of outer envelope

• 267 (1) The special ballot officers shall set aside an outer envelope unopened when they ascertain on its examination that

  • (a) the information concerning the elector, as described on the outer envelope, does not correspond with the information on the application for registration and special ballot;

  • (b) the envelope, other than an envelope in respect of an elector who has taken a vote under section 216, 243 or 259, does not bear the signature of an elector;

  • (c) the correct electoral district of the elector whose ballot is contained in the outer envelope cannot be ascertained;

  • (d) the outer envelope has been received in Ottawa by the special voting rules administrator after 6:00 p.m. on polling day; or

  • (e) not applicable.

• Marginal note:Procedure when elector votes more than once

  (2) If, after receiving but before counting the outer envelopes, the special ballot officers ascertain that an elector has voted more than once, they shall lay the outer envelopes that relate to the elector aside unopened.

• Marginal note:Disposition of outer envelopes that are laid aside

  (3) When an outer envelope is laid aside unopened as described in subsection (1) or (2),

  • (a) the outer envelope shall be endorsed by the special voting rules administrator with the reason why it has been laid aside;

  • (b) at least two special ballot officers shall initial the endorsement; and

  • (c) in the case of an outer envelope laid aside under subsection (1), the ballot contained in it is deemed to be a spoiled ballot.

• Marginal note:Special report

  (4) The special voting rules administrator shall prepare a report in respect of the number of outer envelopes that are laid aside under this Division.

Marginal note:Duties of special ballot officers

268 Each pair of special ballot officers shall count the votes for only one electoral district or part of an electoral district at a time.

Marginal note:Rejection of ballots

• 269 (1) Each pair of special ballot officers shall, on examining a ballot, reject it if

  • (a) it has not been supplied by the Chief Electoral Officer;

  • (b) it is not marked;

  • (c) not applicable;

  • (d) it is marked in favour of more than one answer to a referendum question; or

  • (e) there is any writing or mark on it by which the elector could be identified.

• (2) Not applicable.

• Marginal note:Disputed ballots

  (3) If a dispute arises as to the validity of a ballot, it shall be referred to the special voting rules administrator, whose decision is final.

• Marginal note:Note of dispute

  (4) The number of disputed ballots and the name of the electoral district in which they were cast are to be noted by the special ballot officers.

Marginal note:Statements of the vote

• 270 (1) Each pair of special ballot officers shall prepare a statement of the vote in the prescribed form and deliver it to the special voting rules administrator.

• Marginal note:Safekeeping

  (2) The special voting rules administrator shall keep the statements of the vote in safe custody until the day after the communication of the results under section 280.

• Marginal note:Copy to special ballot officer

  (3) On request, after the day that the results are communicated, a special ballot officer may be given a copy of the statement of the vote that he or she prepared.

Marginal note:Chief Electoral Officer to be informed of results of vote

271 Without delay after the counting of the votes for every electoral district has been completed, the special voting rules administrator shall inform the Chief Electoral Officer of

• (a) the number of votes counted for each answer to a referendum question for every electoral district;

• (b) the total number of votes counted for each electoral district; and

• (c) the number of rejected ballots for each electoral district.

Marginal note:Sending of material to Chief Electoral Officer

272 As soon as practicable after the counting of the votes for every electoral district has been completed, the special voting rules administrator shall send to the Chief Electoral Officer, in separate envelopes,

• (a) the lists of electors;

• (b) all other documents and referendum materials received from commanding officers, deputy returning officers and special ballot officers;

• (c) the oaths of office; and

• (d) the complete files of correspondence, reports and records in his or her possession.

DIVISION 7COUNTING OF VOTES IN THE OFFICE OF THE RETURNING OFFICER

Marginal note:Appointment of deputy returning officer and poll clerk

• 273 (1) The returning officer shall appoint a deputy returning officer and poll clerk to verify the outer envelopes and to count the ballots issued to electors in his or her electoral district and received in his or her office. More than one deputy returning officer and poll clerk may be appointed if the number of votes warrants it.

• Marginal note:Assignment of duties

  (2) The returning officer shall assign duties so that a deputy returning officer chosen from among the persons recommended by the registered party whose candidate finished first in the last election in the electoral district works with a poll clerk chosen from among the persons recommended by the registered party whose candidate finished second in that election in that electoral district.

• Marginal note:Merger of parties

  (3) For the purpose of subsection (2), in determining whether the candidate of a registered party finished first or second in the last election in a case where the registered party is the result of a merger with one or more parties that were registered parties at the last election, there shall be attributed to the candidate of the merged party, the number of votes of the candidate of the merging party with the largest number of votes at that last election.

• Marginal note:Notification of persons appointed

  (4) The returning officer shall, as soon as possible, notify the agents of registered referendum committees referred to in subsection 10(1) of the Referendum Act of the name and address of the persons appointed as the deputy returning officer and the poll clerk.

Marginal note:Who may be present at counting

274 An agent of a registered referendum committee or witness may be present for the verification of the outer envelopes and the counting of ballots received at the office of the returning officer.

Marginal note:Ballots to be kept sealed

• 275 (1) The returning officer shall ensure that the ballots received at his or her office are kept sealed until they are given to the deputy returning officer.

• Marginal note:Return outer envelopes

  (2) All outer envelopes received after the prescribed deadline shall be kept separate and sealed and shall be initialled by the returning officer and marked with the date and time of their receipt.

Marginal note:Verification of envelopes

• 276 (1) A deputy returning officer and a poll clerk shall verify the outer envelopes, at the time fixed by the Chief Electoral Officer and in accordance with his or her instructions, by determining from the information on the outer envelope whether the elector is entitled to vote in the electoral district.

• Marginal note:Notice

  (2) The returning officer shall notify the agents of registered referendum committees referred to in subsection 10(1) of the Referendum Act or witnesses of the time and place of the verification.

• Marginal note:Provision of materials to deputy returning officer

  (3) The deputy returning officer shall be provided with the applications for registration and special ballot received before the deadline, along with any other materials that may be required.

Marginal note:Setting aside of outer envelope

• 277 (1) The deputy returning officer shall set aside an outer envelope unopened when he or she ascertains on its examination that

  • (a) the information concerning the elector, as described on the outer envelope, does not correspond with the information on the application for registration and special ballot;

  • (b) the outer envelope, other than an outer envelope in respect of an elector who has taken a vote under section 243 or 243.1, does not bear the signature of an elector;

  • (c) more than one ballot has been issued to an elector; or

  • (d) the outer envelope was received after the prescribed deadline.

• Marginal note:Registering objections

  (2) When the outer envelopes are verified, the poll clerk shall register any objection to an elector’s right to vote in the electoral district in the prescribed form.

• Marginal note:Noting of reasons for setting aside

  (3) When an outer envelope is set aside unopened as described in subsection (1), the deputy returning officer shall note on it the reasons for the rejection. The deputy returning officer and the poll clerk shall initial the envelope.

Marginal note:Counting of outer envelopes

• 278 (1) The deputy returning officer and the poll clerk shall count all valid outer envelopes.

• Marginal note:Inner envelopes

  (2) The deputy returning officer and the poll clerk shall open the outer envelopes and put all the inner envelopes in a ballot box provided by the returning officer.

• Marginal note:Counting the votes

  (3) After the close of the polling stations, the deputy returning officer shall open the ballot box and he or she together with the poll clerk shall open the inner envelopes and count the votes.

Marginal note:Rejection of ballots

• 279 (1) The deputy returning officer shall, in counting the ballots, reject a ballot if

  • (a) it has not been supplied for the referendum;

  • (b) it is not marked;

  • (c) not applicable;

  • (d) it is marked in favour of more than one answer to a referendum question; or

  • (e) there is any writing or mark on it by which the elector could be identified.

• (2) Not applicable.

• (3) Not applicable.

DIVISION 8COMMUNICATION OF THE RESULTS OF THE VOTE

Marginal note:Communication of results

• 280 (1) The Chief Electoral Officer shall, without delay after the closing of the polling stations at a referendum, inform each returning officer of the results of the count under Division 6 for the returning officer’s electoral district, giving the number of votes cast for each answer to a referendum question and the number of rejected ballots.

• Marginal note:Release of information

  (2) When the returning officer receives information from the Chief Electoral Officer respecting the results of the count under Division 6, the returning officer shall add those results to the results of the count under Division 7 and release all of them as being the results of the vote under the Special Voting Rules.

DIVISION 9PROHIBITIONS

Marginal note:Prohibitions — inside or outside Canada

281 No person shall, inside or outside Canada,

• (a) wilfully disclose information as to how a ballot has been marked by an elector;

• (b) wilfully interfere with, or attempt to interfere with, an elector when marking a ballot, or otherwise attempt to obtain any information as to the answer to a referendum question for which any elector is about to vote or has voted;

• (c) knowingly make a false statement in an application for registration and special ballot;

• (d) knowingly apply for a ballot to which that person is not entitled;

• (e) knowingly make a false statement in a declaration signed by him or her before a deputy returning officer;

• (f) knowingly make a false declaration in the statement of ordinary residence completed by him or her;

• (g) wilfully prevent or endeavour to prevent an elector from voting at a referendum; or

• (h) wilfully at the counting of the votes, attempt to obtain information or communicate information obtained at the counting as to the answer to a referendum question for which a vote is given in a particular ballot.

Marginal note:Prohibitions — outside Canada

282 No person shall, outside Canada,

• (a) by intimidation or duress, compel a person to vote or refrain from voting or vote or refrain from voting for a particular answer to a referendum question under this Part; or

• (b) by any pretence or contrivance, including by representing that the ballot or the manner of voting at a referendum is not secret, induce a person to vote or refrain from voting or vote or refrain from voting for a particular answer to a referendum question under this Part.

PART 12Counting Votes

Polling Stations

Marginal note:Counting the votes

• 283 (1) Immediately after the close of a polling station, the deputy returning officer shall count the votes in the presence of the poll clerk and any agents of registered referendum committees or witnesses who are present or, if no agents or witnesses are present, in the presence of at least two electors.

• Marginal note:Tally sheets

  (2) The deputy returning officer shall supply the poll clerk and all the persons referred to in subsection (1) who are present and who so request with a tally sheet to keep their own score of the voting.

• Marginal note:Steps to follow

  (3) The deputy returning officer shall, in the following order,

  • (a) count the number of electors who voted at the polling station, make an entry at the end of the list of electors that states “The number of electors who voted at this referendum in this polling station is (stating the number)”, sign the list, and place the list in the envelope supplied for the purpose;

  • (b) count the spoiled ballots, place them in the envelope supplied for the purpose, indicate on the envelope the number of spoiled ballots, and seal it;

  • (c) count the unused ballots that are not detached from the books of ballots, place them with the stubs of the used ballots in the envelope supplied for the purpose, indicate on the envelope the number of unused ballots, and seal it;

  • (d) total the numbers arrived at in paragraphs (a) to (c) in order to ascertain that all ballots that were provided by the returning officer are accounted for;

  • (e) open the ballot box and empty its contents onto a table; and

  • (f) examine each ballot, show the ballot to each person who is present, and ask the poll clerk to make a note on the tally sheet beside the answer to a referendum question for which the vote was cast for the purpose of arriving at the total number of votes cast for each answer to a referendum question.

Marginal note:Rejection of ballots

• 284 (1) In examining the ballots, the deputy returning officer shall reject one

  • (a) that has not been supplied by him or her;

  • (b) that has not been marked in a circle opposite a referendum question;

  • (c) not applicable;

  • (d) that has been marked in more than one circle at the right of a referendum question; or

  • (e) on which there is any writing or mark by which the elector could be identified.

• Marginal note:Limitation

  (2) No ballot shall be rejected by reason only that the deputy returning officer placed on it any writing, number or mark, or failed to remove the counterfoil.

• Marginal note:Counterfoils remaining attached

  (3) When a ballot is found with the counterfoil attached, the deputy returning officer shall, while concealing the number on it from all persons present and without examining it, remove and destroy the counterfoil.

Marginal note:Ballots not initialled by deputy returning officer

285 If the deputy returning officer determines that he or she has failed to initial a ballot, the deputy returning officer shall, in the presence of the poll clerk and witnesses, initial and count the ballot if he or she is satisfied that

• (a) the ballot was supplied by him or her; and

• (b) all ballots that were provided by the returning officer have been accounted for, as described in paragraph 283(3)(d).

Marginal note:Objections to ballots

• 286 (1) The deputy returning officer shall keep a record, in the prescribed form, of every objection to a ballot made by an agent of a registered referendum committee or a witness, give a number to the objection, write that number on the ballot and initial it.

• Marginal note:Decision of deputy returning officer

  (2) The deputy returning officer shall decide every question that is raised by an objection described in subsection (1), and the decision is subject to reversal only on a recount.

Marginal note:Statement of the vote

• 287 (1) The deputy returning officer shall prepare a statement of the vote, in the prescribed form, that sets out the number of votes in favour of each answer to a referendum question and the number of rejected ballots and place the original statement and a copy of it in the separate envelopes supplied for the purpose.

• Marginal note:Copies of the statement of the vote

  (2) The deputy returning officer shall give a copy of the statement of the vote to each of the agents of registered referendum committees and witnesses present at the count.

Marginal note:Marked ballots

• 288 (1) The deputy returning officer shall place the ballots for each answer to a referendum question into separate envelopes, write on each envelope the number of votes cast for that answer, and seal it. The deputy returning officer and the poll clerk shall sign the seal on each envelope, and the witnesses may also sign them.

• Marginal note:Rejected ballots

  (2) The deputy returning officer shall place into separate envelopes the rejected ballots, the registration certificates and the list of electors, and shall seal the envelopes.

• Marginal note:Documents to be enclosed in a large envelope

  (3) The deputy returning officer shall seal in a large envelope supplied for the purpose

  • (a) the envelopes that contain the marked ballots for each answer to a referendum question, any spoiled ballots, unused ballots or rejected ballots, and the official list of electors; and

  • (b) any other referendum documents, except for the envelopes that contain the statements of the vote and the registration certificates.

• Marginal note:Documents to be placed in the ballot box

  (4) The large envelope described in subsection (3) and the envelope that contains the copy of the statement of the vote shall be placed in the ballot box.

• Marginal note:Sealing ballot box

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

Advance Polls

Marginal note:Counting of votes on polling day

• 289 (1) The deputy returning officer of an advance poll shall, at the close of the polling stations on polling day, attend with the poll clerk at the place mentioned in the notice of advance poll in subparagraph 172(a)(iii) to count the votes.

• Marginal note:Application of rules for counting votes

  (2) Subsections 283(1) and (2), paragraphs 283(3)(e) and (f) and sections 284 to 288 apply with any necessary modifications to the counting of the votes of an advance poll.

• Marginal note:Prohibition

  (3) No person shall make a count of the votes cast at an advance poll before the close of the polling stations on polling day.

Delivery of Ballot Boxes to Returning Officer

Marginal note:Sending ballot boxes and statement to returning officer

• 290 (1) The deputy returning officer for a polling station or an advance poll shall, without delay after sealing the ballot box, send the box, with the envelope that contains the original statement of the vote and the envelope that contains the registration certificate, to the returning officer.

• Marginal note:Collection of ballot boxes

  (2) A returning officer may appoint persons to collect ballot boxes together with the envelopes referred to in subsection (1) from polling stations, and any person so appointed shall take the prescribed oath when he or she sends those materials to the returning officer.

Marginal note:Provision of statements to agents

291 A returning officer shall, on request, provide each agent referred to in subsection 10(1) of the Referendum Act one copy of each statement of the vote in the electoral district.

Marginal note:Safekeeping of ballot boxes

292 A returning officer, on the receipt of each ballot box, shall

• (a) take every precaution to prevent any other person, except the assistant returning officer, from having access to it; and

• (b) examine and record the condition of the seals affixed to it and, if necessary, affix new seals.

PART 13Validation of Results by the Returning Officer

Marginal note:Validation of results

• 293 (1) After a returning officer receives all of the ballot boxes, he or she shall, at his or her office, in the presence of the assistant returning officer at the time indicated in paragraph 62(c), validate the results of the vote from the original statements of the vote and the information communicated under section 280.

• Marginal note:Adjournment if ballot boxes or information not received

  (2) If, on the day fixed for the validation of the results as described in paragraph 62(c), a returning officer has not received all the ballot boxes or the information required by section 280, the returning officer shall adjourn the proceedings for not more than seven days.

• Marginal note:Further adjournment

  (3) If, on the day fixed for the proceedings by virtue of an adjournment under subsection (2), the returning officer has not, for any reason, received the ballot boxes or information referred to in that subsection, the returning officer may make further adjournments. The further adjournments may not exceed a total of two weeks.

Marginal note:Witnesses at validation

294 Agents of registered referendum committees or witnesses may attend the validation of the results, but if none of them is present, the returning officer shall ensure the presence of at least two electors until the validation is completed.

Marginal note:Opening ballot box in certain cases

• 295 (1) If the original statement of the vote is missing, appears to contain an error, to be incomplete or to have been altered, or is disputed by an agent of a registered referendum committee or a witness, the returning officer may open the ballot box and the envelope that contains the copy of the statement of the vote or, if that copy is missing, the large envelope.

• Marginal note:Information on envelopes containing ballots

  (2) If a copy of the statement of the vote is not found or is not useful for the purpose of validating the results, the returning officer may use the information that is written on the envelopes that contain the ballots for that purpose.

• Marginal note:Limitation

  (3) The returning officer shall not open an envelope that appears to contain ballots.

• Marginal note:Resealing of loose papers

  (4) If the returning officer opens the large envelope, he or she shall place its contents into another envelope, seal that envelope and initial the seal.

Marginal note:Loss or destruction of ballot boxes

• 296 (1) If a ballot box has been destroyed or is missing, the returning officer shall ascertain the cause of the destruction or loss and shall complete the validation of the results from the original copy of the statement of the vote in the same manner as if he or she had received the ballot box.

• Marginal note:Power to summon and examine

  (2) If the returning officer is unable to obtain either the original statement of the vote or the ballot box, he or she

  • (a) shall ascertain, by any evidence that he or she is able to obtain, the total number of votes cast for each answer to a referendum question at the polling stations;

  • (b) for ascertaining the total number of votes under paragraph (a), may summon any deputy returning officer, poll clerk or other person to appear before him or her at a fixed date and time and to bring with them all necessary documents; and

  • (c) may examine on oath the deputy returning officer, poll clerk or other person respecting the matter in question.

• Marginal note:Notice to agents

  (3) If paragraph (2)(b) applies, the returning officer shall give notice to the agents of registered referendum committees referred to in subsection 10(1) of the Referendum Act for that electoral district of the date and time fixed for the appearance.

• Marginal note:Obligation to comply with summons

  (4) Every person to whom a summons is directed under paragraph (2)(b) shall obey it.

Marginal note:Certificate of votes cast

297 Without delay after the validation of the results, the returning officer shall prepare a certificate in the prescribed form that sets out the number of votes cast for each answer to a referendum question, and shall deliver the original of the certificate to the Chief Electoral Officer and a copy of it to each agent that made a request pursuant to subsection 10(1) of the Referendum Act. In the case described in section 296 of this Act, the certificate shall indicate the number of votes that have been ascertained to have been cast for each answer to a referendum question.

Marginal note:Ballot boxes

298 After the close of a referendum, each returning officer shall dispose of the ballot boxes as instructed by the Chief Electoral Officer.

PART 14Judicial Recount

Interpretation

Definition of judge

• 299 (1) In this Part, judge means a judge who sits in the electoral district where the results are validated.

• Marginal note:Powers of judge

  (2) A judge who is authorized by subsections 300(4), 301(4) to (6), sections 302, 304 to 306, and 308 of this Act, and sections 29 and 30 of the Referendum Act to act may act, to the extent authorized, within or outside his or her judicial district.

Recount Procedure

• 300 (1) Not applicable.

• (2) Not applicable.

• (3) Not applicable.

• Marginal note:Documents to be supplied

  (4) The returning officer shall attend the recount and shall bring all relevant referendum materials including

  • (a) the ballot boxes;

  • (b) the statements of the vote used to validate the results; and

  • (c) all ballots cast and statements of the vote made in accordance with Part 11.

• 301 (1) Not applicable.

• (2) Not applicable.

• (3) Not applicable.

• Marginal note:Date for recount and summons

  (4) Where an application for recount is made under subsections 29(1) or (2) of the Referendum Act, and the judge orders a recount, the judge shall summon the returning officer to attend and to bring the relevant ballot boxes and statements of the vote together with the ballots that were counted, and the statements that were completed, under Part 11.

• Marginal note:Notice to applicants

  (5) The judge shall notify each person who made an application pursuant to subsection (4) in writing of the time and place fixed for the recount. The judge may decide that service of the notice will be substitutional, by mail or posting or in any other manner.

• Marginal note:Returning officer required to attend

  (6) A returning officer to whom a summons is directed under subsection (4) shall obey it and shall be present throughout the recount.

Marginal note:More than one application

302 If a judge receives more than one application for a recount for more than one electoral district, the recounts shall be conducted in the order in which the judge receives the applications.

303 Not applicable.

Marginal note:Recount procedure

• 304 (1) The judge shall conduct the recount by adding the number of votes reported in the statements of the vote or by counting the valid ballots or all of the ballots returned by the deputy returning officers or the Chief Electoral Officer.

• Marginal note:Documents that may be examined

  (2) If a recount of all of the ballots returned is required, the judge may open the sealed envelopes that contain the used and counted, unused, rejected and spoiled ballots. The judge shall not open any envelopes that appear to contain other documents or refer to any other referendum documents.

• Marginal note:Steps to be taken by judge

  (3) At a recount, the judge shall

  • (a) count the ballots in the manner prescribed for a deputy returning officer or a special ballot officer;

  • (b) verify or correct, if necessary, each statement of the vote; and

  • (c) review the decision of the returning officer with respect to the number of votes cast for each answer to a referendum question, in the case of a missing or destroyed ballot box or statement of the vote.

• Marginal note:Powers of judge

  (4) For the purpose of arriving at the facts with respect to a missing ballot box or statement of the vote, the judge has all the powers of a returning officer with regard to the attendance and examination of witnesses who, in case of non-attendance, are subject to the same consequences as in the case of refusal or neglect to attend on the summons of a returning officer.

• Marginal note:Additional powers of judge

  (5) For the purpose of conducting a recount, a judge has the power to summon any deputy returning officer or poll clerk as a witness and to require him or her to give evidence on oath and, for that purpose, has the same power that is vested in any court of record.

• Marginal note:Clerical assistants

  (6) Subject to the approval of the Chief Electoral Officer, a judge may retain the services of support staff to assist in the performance of his or her duties under this Part.

Marginal note:Proceedings to be continuous

305 The judge shall, as far as practicable, proceed continuously with a recount, except for necessary breaks and, unless the judge orders otherwise, between 6:00 p.m. and 9:00 a.m.

Marginal note:Security of documents

• 306 (1) During a break described in section 305, the judge or any other person who has possession of ballots and other referendum documents shall keep them sealed in parcels, and the seal shall be signed by the judge and may be signed by any other person in attendance.

• Marginal note:Supervision of sealing

  (2) The judge shall personally supervise the parcelling and sealing of ballots and documents at a recount and take all necessary precautions for their security.

307 Not applicable.

Marginal note:Procedure at conclusion of recount

308 At the conclusion of a recount, the judge shall

• (a) seal the ballots in a separate envelope for each polling station and without delay prepare a certificate in the prescribed form that sets out the number of votes cast for each answer to a referendum question; and

• (b) deliver the original of the certificate to the returning officer and a copy of it to each agent who made a request pursuant to subsection 10(1) of the Referendum Act.

309 Not applicable.

310 Not applicable.

Failure of Judge to Conduct Recount

Marginal note:Failure of judge to act

• 311 (1) If a judge does not comply with the provisions of subsections 300(4), 301(4) to (6), sections 302, 304 to 306, and 308 of this Act, and sections 29 and 30 of the Referendum Act, an aggrieved party may, within eight days after the failure to comply, make application for an order under subsection (3)

  • (a) in the Province of Ontario, to a judge of the Superior Court of Justice;

  • (b) in the Province of Quebec, New Brunswick or Alberta, the Yukon Territory, the Northwest Territories or Nunavut, to a judge of the Court of Appeal of the Province or Territory;

  • (c) in the Province of Nova Scotia or British Columbia, to a judge of the Supreme Court of the Province;

  • (d) in the Province of Manitoba or Saskatchewan, to a judge of the Court of Queen’s Bench for the Province; and

  • (e) in the Province of Prince Edward Island or Newfoundland, to a judge of the trial division of the Supreme Court of the Province.

• Marginal note:Application on affidavit

  (2) An application under subsection (1) may be made on affidavit, which need not be entitled in any matter or cause, that sets out the facts relating to the failure to comply.

• Marginal note:Order of judge

  (3) The judge to whom an application is made under subsection (1) shall, if it appears that there was a failure to comply, make an order

  • (a) fixing the time, within the following eight days, and place to hear the application;

  • (b) directing the attendance of all parties interested at that time and place; and

  • (c) giving directions for the service of the order, and of any affidavit on which it was granted, on the judge alleged to have failed to comply and on any other interested party.

• Marginal note:Affidavits may be filed in reply

  (4) The judge complained of and any interested party may file in the office of the clerk, registrar or prothonotary of the court of the judge to whom the application is made affidavits in reply to those filed by the applicant and shall provide the applicant with copies of them on demand.

Marginal note:Order of court after hearing

• 312 (1) After hearing the judge complained of and any other parties, the judge to whom the application was made or another judge of the same court

  • (a) shall make an order dismissing the application or ordering the judge in default to comply with the requirements of this Act and the Referendum Act in respect of the recount; and

  • (b) not applicable.

• Marginal note:Judge to obey order

  (2) A judge found to be in default shall without delay comply with an order made under subsection (1).

• (3) Not applicable.

PART 15Return of the Writ

Marginal note:Referendum return

• 313 (1) The returning officer, without delay after the sixth day that follows the completion of the validation of results or, if there is a recount, without delay after receiving the certificate referred to in section 308, shall declare which answer to a referendum question obtained the largest number of votes by completing the return of the writ in the prescribed form on the back of the writ.

• Marginal note:Equality of votes

  (2) If there is an equality of votes between each answer to a referendum question, the returning officer shall indicate that on the return of the writ.

Marginal note:Sending of documents

• 314 (1) On completing the return of the writ, the returning officer shall without delay send to the Chief Electoral Officer all referendum documents in his or her possession together with

  • (a) a report of the returning officer’s proceedings in the prescribed form including his or her comments with respect to the state of the referendum documents received from the deputy returning officers;

  • (b) a summary, in the prescribed form, of the number of votes cast for each answer to a referendum question at each polling station; and

  • (c) all other documents that were used at the referendum.

• Marginal note:Report re disappearance of ballot box, etc.

  (2) In any case arising under section 296, the returning officer shall mention specially in the report the circumstances accompanying the disappearance of the ballot boxes or the lack of any statement of the vote, and the mode by which the returning officer ascertained the number of votes cast for each answer to a referendum question.

• 315 (1) Not applicable.

• Marginal note:Premature return

  (2) A premature return of the writ is deemed not to have reached the Chief Electoral Officer until it should have reached the Chief Electoral Officer in due course.

• Marginal note:Correction of writ

  (3) The Chief Electoral Officer shall, if necessary, send back the return of the writ and any or all of the related referendum documents to the returning officer for completion or correction.

Marginal note:Where report made before recount

• 316 (1) Where, at the time of the issue of an order under section 311 or 312, the returning officer for the electoral district in respect of which the order is made has made a return of the writ under section 314, the Chief Electoral Officer shall, on being provided with a certified copy of the order, send back to the returning officer all referendum documents required for use at the recount.

• Marginal note:Duties of returning officer on recount

  (2) On receiving a judge’s certificate with respect to the result of a recount, the returning officer shall

  • (a) if the result of the recount does not confirm the original return of the writ, make a substitute return of the writ; or

  • (b) if the result of the recount is to confirm the return, send the papers back to the Chief Electoral Officer without delay and not make a substitute return of the writ.

• Marginal note:Effect of substitute return

  (3) A substitute return made under paragraph (2)(a) has the effect of cancelling the original return.

317 Not applicable.

318 Not applicable.

PART 16Communications

Interpretation

Marginal note:Definitions

319 The definitions in this section apply in this Part.

network

réseau

network means a network as defined in subsection 2(1) of the Broadcasting Act, but does not include a temporary network operation as defined in that subsection. (réseau)

network operator

exploitant de réseau

network operator means a person or undertaking to which permission has been granted by the Canadian Radio-television and Telecommunications Commission to form and operate a network. (exploitant de réseau)

prime time

heures de grande écoute

prime time, in the case of a radio station, means the time between the hours of 6 a.m. and 9 a.m., noon and 2 p.m. and 4 p.m. and 7 p.m., and, in the case of a television station, means the hours between 6 p.m. and midnight. (heures de grande écoute)

referendum advertising

publicité référendaire

referendum advertising means the transmission to the public by any means during a referendum period of an advertising message that supports or opposes an answer to a referendum question. For greater certainty, it does not include

• (a) the transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news;

• (b) the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be a referendum;

• (c) the transmission of a document directly by a person or a group to their members, employees or shareholders, as the case may be; or

• (d) the transmission by an individual, on a non-commercial basis on what is commonly known as the Internet, of his or her personal political views. (publicité référendaire)

referendum survey

sondage référendaire

referendum survey means an opinion survey of how electors voted or will vote at a referendum. (sondage référendaire)

Referendum Advertising

320 Not applicable.

Marginal note:Government means of transmission

• 321 (1) No person shall knowingly conduct referendum advertising or cause it to be conducted using a means of transmission of the Government of Canada.

• (2) Not applicable.

Marginal note:Referendum advertising posters

• 322 (1) No landlord or person acting on their behalf may prohibit a tenant from displaying referendum advertising posters on the premises to which the lease relates and no condominium corporation or any of its agents may prohibit the owner of a condominium unit from displaying referendum advertising posters on the premises of his or her unit.

• Marginal note:Permitted restrictions

  (2) Despite subsection (1), a landlord, person, condominium corporation or agent referred to in that subsection may set reasonable conditions relating to the size or type of referendum advertising posters that may be displayed on the premises and may prohibit the display of referendum advertising posters in common areas of the building in which the premises are found.

323 Not applicable.

324 Not applicable.

Marginal note:Prohibition — prevention or impairment of transmission

• 325 (1) No person shall prevent or impair the transmission to the public of a referendum advertising message without the consent of a person with authority to authorize its transmission.

• Marginal note:Exception

  (2) Subsection (1) does not apply with respect to

  • (a) the prevention or impairment, by a public authority, of an unlawful transmission if reasonable notice has first been given to the person who authorized the transmission; or

  • (b) the removal by an employee of a public authority of a sign, poster or banner where the posting of it is a hazard to public safety.

Referendum Opinion Surveys

Marginal note:Transmission of referendum survey results

• 326 (1) The first person who transmits the results of a referendum survey — other than a survey that is described in section 327 — to the public during a referendum period and any person who transmits them to the public within 24 hours after they are first transmitted to the public must provide the following together with the results:

  • (a) the name of the sponsor of the survey;

  • (b) the name of the person or organization that conducted the survey;

  • (c) the date on which or the period during which the survey was conducted;

  • (d) the population from which the sample of respondents was drawn;

  • (e) the number of people who were contacted to participate in the survey; and

  • (f) if applicable, the margin of error in respect of the data obtained.

• Marginal note:Additional information — published surveys

  (2) In addition to the information referred to in subsection (1), the following must be provided in the case of a transmission to the public by means other than broadcasting:

  • (a) the wording of the survey questions in respect of which data is obtained; and

  • (b) the means by which a report referred to in subsection (3) may be obtained.

• Marginal note:Report on survey results

  (3) A sponsor of a referendum survey shall, at any time during a referendum period after the results of the survey are transmitted to the public, provide, on request, a copy of a written report on the results of the survey, as transmitted under subsection (1). The report shall include the following, as applicable:

  • (a) the name and address of the sponsor of the survey;

  • (b) the name and address of the person or organization that conducted the survey;

  • (c) the date on which or the period during which the survey was conducted;

  • (d) information about the method used to collect the data from which the survey results are derived, including

    • (i) the sampling method,

    • (ii) the population from which the sample was drawn,

    • (iii) the size of the initial sample,

    • (iv) the number of individuals who were asked to participate in the survey and the numbers and respective percentages of them who participated in the survey, refused to participate in the survey, and were ineligible to participate in the survey,

    • (v) the dates and time of day of the interviews,

    • (vi) the method used to recalculate data to take into account in the survey the results of participants who expressed no opinion, were undecided or failed to respond to any or all of the survey questions, and

    • (vii) any weighting factors or normalization procedures used in deriving the results of the survey; and

  • (e) the wording of the survey questions and, if applicable, the margins of error in respect of the data obtained.

• Marginal note:Fee may be charged

  (4) A sponsor may charge a fee of up to $0.25 per page for a copy of a report provided under subsection (3).

Marginal note:Broadcast of surveys not based on recognized statistical methods

327 The first person who transmits the results of a referendum survey that is not based on recognized statistical methods to the public during a referendum period and any person who transmits them within 24 hours after they are first transmitted to the public must indicate that the survey was not based on recognized statistical methods.

Marginal note:Prohibition — causing transmission of referendum survey results during blackout period

• 328 (1) No person shall knowingly cause to be transmitted to the public, in an electoral district on polling day before the close of all of the polling stations in that electoral district, the results of a referendum survey that have not previously been transmitted to the public.

• Marginal note:Prohibition — transmission of referendum survey results during blackout period

  (2) No person shall transmit to the public, in an electoral district on polling day before the close of all of the polling stations in that electoral district, the results of a referendum survey that have not previously been transmitted to the public.

• (3) Not applicable.

Premature Transmission

Marginal note:Prohibition — premature transmission of results

329 No person shall transmit the result or purported result of the vote in an electoral district to the public in another electoral district before the close of all of the polling stations in that other electoral district.

Broadcasting outside Canada

Marginal note:Prohibition — use of broadcasting station outside Canada

• 330 (1) No person shall, with intent to influence persons to vote or refrain from voting or vote or refrain from voting for a particular answer to a referendum question, use, aid, abet, counsel or procure the use of a broadcasting station outside Canada, during a referendum period, for the broadcasting of any matter having reference to a referendum.

• Marginal note:Prohibition — broadcasting outside Canada

  (2) During a referendum period, no person shall broadcast, outside Canada, referendum advertising with respect to a referendum.

Non-interference by Foreigners

Marginal note:Prohibition — inducements by non-residents

331 No person who does not reside in Canada shall, during a referendum period, in any way induce electors to vote or refrain from voting or vote or refrain from voting for a particular answer to a referendum question unless the person is

• (a) a Canadian citizen; or

• (b) a permanent resident as defined in subsection 2(1) of the Immigration Act.

Political Broadcasts

Marginal note:Appointment of Broadcasting Arbitrator

• 332 (1) A Broadcasting Arbitrator shall be appointed by the Chief Electoral Officer without delay after the consultations described in section 333. The Broadcasting Arbitrator shall be

  • (a) chosen by a unanimous decision of representatives of registered parties; or

  • (b) named by the Chief Electoral Officer, if the consultations do not result in a unanimous decision.

• Marginal note:Term of office

  (2) The term of office of the Broadcasting Arbitrator shall expire six months after polling day at the general election next following his or her appointment.

• Marginal note:Removal for cause

  (3) The Chief Electoral Officer may remove the Broadcasting Arbitrator from office only for cause.

• Marginal note:Eligible for re-appointment

  (4) A Broadcasting Arbitrator whose term of office has expired is eligible to be re-appointed.

• Marginal note:Salary

  (5) A Broadcasting Arbitrator shall be paid the salary or other remuneration that may be fixed by the Chief Electoral Officer.

Marginal note:Convening of representatives

• 333 (1) The Chief Electoral Officer shall hold a meeting of two representatives of each registered party represented in the House of Commons at that time, or if Parliament is dissolved, at the time of dissolution, designated in writing by their party leader, for the purpose of holding consultations to choose a Broadcasting Arbitrator. The meeting shall be held within

  • (a) 90 days after polling day at a general election; or

  • (b) 14 days after the day on which the Broadcasting Arbitrator dies, becomes incapacitated, resigns or is removed from office, if that day is not during the election period of a general election.

• Marginal note:Chairperson

  (2) The Chief Electoral Officer shall designate the Chairperson at the meeting referred to in subsection (1) and at all subsequent consultations.

• Marginal note:Report

  (3) The representatives of the registered parties referred to in subsection (1) shall make a report signed by each of them to the Chief Electoral Officer of the results of their consultations no later than

  • (a) six weeks after a meeting referred to in paragraph (1)(a); and

  • (b) four weeks after a meeting referred to in paragraph (1)(b).

Marginal note:Vacancy during referendum period

334 In the event of the death, incapacity, resignation or removal of the Broadcasting Arbitrator during the referendum period, the Chief Electoral Officer shall appoint a new Broadcasting Arbitrator without delay.

335 Not applicable.

336 Not applicable.

337 Not applicable.

338 Not applicable.

339 Not applicable.

340 Not applicable.

341 Not applicable.

342 Not applicable.

343 Not applicable.

344 Not applicable.

345 Not applicable.

346 Not applicable.

347 Not applicable.

348 Not applicable.

PART 17Third Party Election Advertising

349 Not applicable.

350 Not applicable.

351 Not applicable.

352 Not applicable.

353 Not applicable.

354 Not applicable.

355 Not applicable.

356 Not applicable.

357 Not applicable.

358 Not applicable.

359 Not applicable.

360 Not applicable.

361 Not applicable.

362 Not applicable.

PART 18Financial Administration

General Provisions

363 Not applicable.

364 Not applicable.

365 Not applicable.

DIVISION 1REGISTRATION OF POLITICAL PARTIES

Application for Registration

366 Not applicable.

367 Not applicable.

368 Not applicable.

369 Not applicable.

370 Not applicable.

371 Not applicable.

372 Not applicable.

373 Not applicable.

374 Not applicable.

Registered Agents and Auditors

375 Not applicable.

376 Not applicable.

377 Not applicable.

378 Not applicable.

379 Not applicable.

380 Not applicable.

381 Not applicable.

Change of Information in Registry of Parties

382 Not applicable.

383 Not applicable.

384 Not applicable.

Suspension and Deregistration of Registered Parties

385 Not applicable.

386 Not applicable.

387 Not applicable.

388 Not applicable.

389 Not applicable.

390 Not applicable.

391 Not applicable.

392 Not applicable.

393 Not applicable.

394 Not applicable.

395 Not applicable.

396 Not applicable.

397 Not applicable.

398 Not applicable.

399 Not applicable.

Merger of Registered Parties

400 Not applicable.

401 Not applicable.

402 Not applicable.

403 Not applicable.

DIVISION 2GENERAL FINANCIAL PROVISIONS

Contributions

404 Not applicable.

405 Not applicable.

Expenses

406 Not applicable.

407 Not applicable.

408 Not applicable.

409 Not applicable.

410 Not applicable.

411 Not applicable.

412 Not applicable.

413 Not applicable.

Inflation Adjustment Factor

Marginal note:Inflation adjustment factor

414 Before April 1 in each year, the Chief Electoral Officer shall cause to be published in the Canada Gazette an inflation adjustment factor that shall be in effect for a period of one year beginning on that date. It shall be a fraction with

• (a) a numerator that is the annual average Consumer Price Index, as published by Statistics Canada under the authority of the Statistics Act, for the calendar year immediately before that date, calculated on the basis of 1992 being equal to 100; and

• (b) a denominator that is 108.6, which is the annual average Consumer Price Index, as published by Statistics Canada under the authority of the Statistics Act, for 1998, calculated on the basis of 1992 being equal to 100.

DIVISION 3FINANCIAL ADMINISTRATION OF REGISTERED PARTIES

General

415 Not applicable.

416 Not applicable.

Processing of Expense Claims

417 Not applicable.

418 Not applicable.

419 Not applicable.

420 Not applicable.

421 Not applicable.

Maximum Election Expenses

422 Not applicable.

423 Not applicable.

Financial Reporting

424 Not applicable.

425 Not applicable.

426 Not applicable.

427 Not applicable.

Trust Funds

428 Not applicable.

Election Expenses Reporting

429 Not applicable.

430 Not applicable.

431 Not applicable.

Corrections and Extended Reporting Periods

432 Not applicable.

433 Not applicable.

434 Not applicable.

Reimbursement of Election Expenses

435 Not applicable.

DIVISION 4FINANCIAL ADMINISTRATION OF CANDIDATES

Powers, Duties and Functions of Official Agent

436 Not applicable.

437 Not applicable.

438 Not applicable.

Notice of Nomination Meeting

439 Not applicable.

Election Expenses Limit

440 Not applicable.

441 Not applicable.

442 Not applicable.

443 Not applicable.

Recovery of Claims

444 Not applicable.

445 Not applicable.

446 Not applicable.

447 Not applicable.

448 Not applicable.

449 Not applicable.

450 Not applicable.

Return on Financing and Expenses in an Electoral Campaign

451 Not applicable.

452 Not applicable.

453 Not applicable.

454 Not applicable.

455 Not applicable.

456 Not applicable.

Corrections and Extended Reporting Periods

457 Not applicable.

458 Not applicable.

459 Not applicable.

460 Not applicable.

461 Not applicable.

462 Not applicable.

463 Not applicable.

Reimbursement of Election Expenses and Personal Expenses

464 Not applicable.

465 Not applicable.

466 Not applicable.

467 Not applicable.

468 Not applicable.

469 Not applicable.

470 Not applicable.

Surplus of Electoral Funds

471 Not applicable.

472 Not applicable.

473 Not applicable.

474 Not applicable.

475 Not applicable.

476 Not applicable.

Supply and Use of Forms

477 Not applicable.

478 Not applicable.

PART 19Enforcement

Peace and Good Order at Referendums

Marginal note:Duty to maintain order

• 479 (1) Every returning officer is responsible for maintaining order in his or her office during voting in accordance with Division 4 of Part 11.

• Marginal note:Duty of other referendum officers

  (2) Every deputy returning officer, central poll supervisor and person appointed under paragraph 124(1)(b) is responsible for maintaining order during voting hours at any place where voting takes place in accordance with Part 9 or 10.

• Marginal note:Order to leave, arrest without warrant

  (3) In performing his or her duty under subsection (1) or (2), a referendum officer may, if a person is committing, in the returning officer’s office or other place where the vote is taking place, an offence referred to in paragraph 5(a), section 7 or paragraph 167(1)(a) or an offence under this Act, the Referendum Act or any other Act of Parliament that threatens the maintenance of order, or if the officer believes on reasonable grounds that a person has committed such an offence in such a place, order the person to leave the office or place or arrest the person without warrant.

• Marginal note:Order must be obeyed

  (4) Every person in respect of whom an order is made to leave an office or place must obey it without delay.

• Marginal note:Power to eject

  (5) If an order to leave an office or place is not obeyed without delay, the person who made it may use such force as is reasonably necessary to eject the person in respect of whom the order was made from the office or place.

• Marginal note:After arrest

  (6) The officer, supervisor or appointed person who arrests a person under subsection (3) shall without delay

  • (a) advise the person of the right to be represented by counsel and give the person an opportunity to obtain counsel; and

  • (b) deliver the person to a peace officer to be dealt with in accordance with the Criminal Code.

• Marginal note:Removal of materials

  (7) Where a returning officer, deputy returning officer, central poll supervisor or person appointed under paragraph 124(1)(b) believes on reasonable grounds that a person has contravened paragraph 166(1)(a) or (b), the officer, supervisor or appointed person may cause to be removed from, in the case of a returning officer, his or her office or, in the case of a deputy returning officer, central poll supervisor or appointed person, the polling station, any material that they believe on reasonable grounds was used in contravention of that paragraph.

• Marginal note:Peace officer protection

  (8) Every referendum officer has, while performing their duties under this section, all the protection that a peace officer has by law.

Offences

General Provisions

Marginal note:Obstruction, etc., of referendum process

• 480 (1) Every person is guilty of an offence who, with the intention of delaying or obstructing the referendum process, contravenes this Act or the Referendum Act, otherwise than by committing an offence under subsection (2) or section 481 or 482 or contravening a provision referred to in any of sections 483 to 485 or 487 to 489.

• Marginal note:Public meetings

  (2) Every person is guilty of an offence who, at any time between the issue of a writ and the day after polling day at the referendum, acts, incites others to act or conspires to act in a disorderly manner with the intention of preventing the transaction of the business of a public meeting called for the purposes of the referendum.

Marginal note:Offering bribe

• 481 (1) Every person is guilty of an offence who, during a referendum period, directly or indirectly offers a bribe to influence an elector to vote or refrain from voting or to vote or refrain from voting for a particular answer to a referendum question.

• Marginal note:Accepting bribe

  (2) Every elector is guilty of an offence who, during a referendum period, accepts or agrees to accept a bribe that is offered in the circumstances described in subsection (1).

Marginal note:Intimidation, etc.

482 Every person is guilty of an offence who

• (a) by intimidation or duress, compels a person to vote or refrain from voting or to vote or refrain from voting for a particular answer to a referendum question; or

• (b) by any pretence or contrivance, including by representing that the ballot or the manner of voting at a referendum is not secret, induces a person to vote or refrain from voting or to vote or refrain from voting for a particular answer to a referendum question.

Offences under Part 1 (Referendum Rights)

Marginal note:Offences requiring intent — dual procedure

483 Every person is guilty of an offence who contravenes

• (a) paragraph 5(a) (voting when not qualified or entitled) or 5(b) (inducing a person not qualified or entitled to vote, to vote); or

• (b) section 7 (voting more than once).

Offences under Part 3 (Referendum Officers)

Marginal note:Strict liability offences — summary conviction

• 484 (1) Every former referendum officer who contravenes paragraph 43(c) (failure to return referendum documents and referendum materials) is guilty of an offence.

• Marginal note:Offences requiring intent — summary conviction

  (2) Every person is guilty of an offence who, being a returning officer, wilfully contravenes subsection 24(3) (failure to take necessary referendum proceedings).

• Marginal note:Offences requiring intent — dual procedure

  (3) Every person is guilty of an offence who

  • (a) contravenes subsection 22(6) (acting as referendum officer knowing requirements not met);

  • (b) knowingly contravenes subsection 23(2) (communication of information for unauthorized purpose);

  • (c) being a returning officer, contravenes subsection 24(6) (engaging in politically partisan conduct);

  • (d) being a returning officer or assistant returning officer, wilfully contravenes section 31 (acting in another capacity);

  • (e) contravenes paragraph 43(a) (obstruction of referendum officer) or wilfully contravenes paragraph 43(b) (impersonation of revising agent); or

  • (f) being a former referendum officer, wilfully contravenes paragraph 43(c) (failure to return referendum documents and referendum materials).

Offences under Part 4 (Register of Electors)

Marginal note:Offences requiring intent — summary conviction

• 485 (1) Every person who contravenes paragraph 56(e) (unauthorized use of personal information recorded in Register of Electors) is guilty of an offence.

• Marginal note:Offences requiring intent — dual procedure

  (2) Every person who contravenes any of paragraphs 56(a) to (d) (forbidden acts re Register of Electors) is guilty of an offence.

Offences under Part 6 (Candidates)

486 Not applicable.

Offences under Part 7 (Revision of List of Electors)

Marginal note:Offences requiring intent — summary conviction

• 487 (1) Every person who contravenes paragraph 111(b) or (c) (applying improperly to be included on list of electors) or 111(f) (unauthorized use of personal information contained in list of electors) is guilty of an offence.

• Marginal note:Offences requiring intent — dual procedure

  (2) Every person who contravenes paragraph 111(a), (d) or (e) (forbidden acts re list of electors) is guilty of an offence.

Offences under Part 8 (Preparation for the Vote)

Marginal note:Offences requiring intent — summary conviction

• 488 (1) Every person who contravenes paragraph 126(b) (unauthorized printing of ballots) is guilty of an offence.

• Marginal note:Offences requiring intent — dual procedure

  (2) Every person is guilty of an offence who

  • (a) being a printer who is authorized to print ballots, wilfully contravenes subsection 116(5) (failure to return ballots or unused ballot paper); or

  • (b) contravenes paragraph 126(a) (forgery of ballot), 126(c) (knowingly printing extra ballot papers), 126(d) (printing of ballot with intent to influence vote) or 126(e) (manufacture, etc., of ballot box with secret compartment).

Offences under Part 9 (Voting)

Marginal note:Strict liability offences — summary conviction

• 489 (1) Every person is guilty of an offence who contravenes

  • (a) being an employer, subsection 132(1) (failure to allow time to vote) or 133(1) (making deductions from employees’ wages for time given to vote);

  • (b) section 165 (prohibited use of loudspeaker); or

  • (c) paragraph 166(1)(b) (wearing of emblems, etc., in polling station).

• Marginal note:Offences requiring intent — summary conviction

  (2) Every person is guilty of an offence who

  • (a) contravenes subsection 155(2) (assisting as a friend more than one elector);

  • (a.1) contravenes subsection 161(6) (vouching for more than one elector);

  • (b) being an elector, contravenes subsection 164(2) (failure to maintain secrecy); or

  • (c) contravenes paragraph 166(1)(a) (display of campaign literature in polling place).

• Marginal note:Offences requiring intent — dual procedure

  (3) Every person is guilty of an offence who

  • (a) being an employer, contravenes section 134 (preventing employee from using voting time);

  • (b) being a friend or relative of an elector, wilfully contravenes subsection 155(4) (disclosing for whom elector voted);

  • (c) being a referendum officer, an agent of a registered referendum committee or a witness, contravenes subsection 164(1) (failure to maintain secrecy);

  • (d) contravenes paragraph 166(1)(c) (influencing vote in polling station);

  • (e) contravenes any of paragraphs 167(1)(a) to (d) (prohibited acts re ballots) or 167(2)(a) to (d) (prohibited acts re ballots or ballot box with intent to influence vote);

  • (f) being a deputy returning officer, contravenes paragraph 167(3)(a) (initialling ballot with intent to influence vote); or

  • (g) being a deputy returning officer, contravenes paragraph 167(3)(b) (placing identifying mark on ballot).

Offences under Part 10 (Advance Polling)

Marginal note:Offences requiring intent — dual procedure

490 Every person is guilty of an offence who

• (a) being a deputy returning officer, wilfully contravenes subsection 174(1) (failure to permit person to vote);

• (b) being a poll clerk, wilfully contravenes subsection 174(2) (failure to record vote); or

• (c) being a deputy returning officer, contravenes section 175 (improper handling of ballot box and ballots at advance poll), being a returning officer, contravenes subsection 176(2) or (3) or, being a deputy returning officer, contravenes subsection 176(3) (failure to cross names off list of electors) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast.

Offences under Part 11 (Special Voting Rules)

Marginal note:Strict liability offences — summary conviction

• 491 (1) Every returning officer who contravenes section 275 (failure to take required measures re ballots) is guilty of an offence.

• Marginal note:Offences requiring intent — summary conviction

  (2) Every person who contravenes any of paragraphs 281(a) to (f) (prohibited acts re vote under special voting rules) is guilty of an offence.

• Marginal note:Offences requiring intent — dual procedure

  (3) Every person is guilty of an offence who

  • (a) being a deputy returning officer, contravenes any of section 212, subsections 213(1) and (4) and 214(1), section 257 and subsection 258(3) (failure to perform duties with respect to receipt of vote) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast;

  • (b) being a special ballot officer, contravenes any of subsections 267(1) and (2), section 268 and subsection 269(1) (failure to perform duties re counting of the vote) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast;

  • (c) being a deputy returning officer or poll clerk, contravenes subsection 276(1), being a deputy returning officer, contravenes subsection 277(1), being a poll clerk, contravenes subsection 277(2), being a deputy returning officer, contravenes subsection 277(3), being a deputy returning officer or poll clerk, contravenes subsection 278(1) or (3) or, being a deputy returning officer, contravenes subsection 279(1) (failure to perform duties re counting of the vote) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast;

  • (d) contravenes paragraph 281(g) or (h) (prohibited acts re special voting rules); or

  • (e) contravenes paragraph 282(a) or (b) (intimidation or inducement re vote under special voting rules).

Offences under Part 12 (Counting Votes)

Marginal note:Strict liability offences — summary conviction

• 492 (1) Every returning officer who contravenes section 292 (failure to safeguard ballot box) is guilty of an offence.

• Marginal note:Offences requiring intent — dual procedure

  (2) Every person is guilty of an offence who

  • (a) being a deputy returning officer, contravenes any of sections 283 to 288 (failure to perform duties re counting of the vote) with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast; or

  • (b) knowingly contravenes subsection 289(3) (premature counting of votes cast at advance poll).

Offence under Part 13 (Validation of Results by the Returning Officer)

Marginal note:Offences requiring intent — summary conviction

493 Every person who wilfully contravenes subsection 296(4) (failure to appear before returning officer) is guilty of an offence.

Offences under Part 15 (Return of the Writ)

Marginal note:Offences requiring intent — dual procedure

494 Every returning officer is guilty of an offence

• (a) subsection 313(1) (failure to declare which answer to a referendum question obtained the largest number of votes); or

• (b) section 314 (failure to transmit referendum documents).

Offences under Part 16 (Communications)

Marginal note:Strict liability offences — summary conviction

• 495 (1) Every person is guilty of an offence who

  • (a) not applicable;

  • (b) contravenes subsection 326(1) or (2) (failure to provide referendum survey information) or, being a sponsor of a referendum survey, contravenes subsection 326(3) (failure to provide report on referendum survey results); or

  • (c) contravenes section 327 (failure to indicate survey not based on recognized statistical methods).

• Marginal note:Offences requiring intent — summary conviction

  (2) Every person is guilty of an offence who,

  • (a) being a landlord or a condominium corporation, wilfully contravenes section 322 (prohibition of referendum advertising posters on residential premises); or

  • (b) contravenes section 325 (removal of referendum advertising).

• Marginal note:Offences requiring intent — summary conviction

  (3) Every person who wilfully contravenes section 331 (inducement by foreigners) is guilty of an offence.

• Marginal note:Offences requiring intent — fine only, summary conviction

  (4) Every person is guilty of an offence who

  • (a) wilfully contravenes subsection 326(1) or (2) (failure to provide referendum survey information) or, being a sponsor of a referendum survey, wilfully contravenes subsection 326(3) (failure to provide report on referendum survey results);

  • (b) wilfully contravenes section 327 (failure to indicate survey not based on recognized statistical methods);

  • (c) wilfully contravenes subsection 328(2) (transmission of referendum survey results during blackout period);

  • (d) wilfully contravenes section 329 (premature transmission of referendum results);

  • (e) wilfully contravenes subsection 330(1) or (2) (foreign broadcasting);

  • (f) not applicable;

  • (g) not applicable;

  • (h) not applicable;

  • (i) not applicable; or

  • (j) not applicable.

• Marginal note:Offences requiring intent — dual procedure

  (5) Every person is guilty of an offence who contravenes

  • (a) subsection 321(1) (conducting referendum advertising using government means of transmission); or

  • (b) subsection 328(1) (causing transmission of referendum survey results during blackout period).

Offences under Part 17 (Third Party Election Advertising)

496 Not applicable.

Offences under Part 18 (Finance)

497 Not applicable.

Offences under this Part (Enforcement)

Marginal note:Offence requiring intent — dual procedure

498 Every person who wilfully contravenes subsection 479(4) (refusal to obey order to leave polling place) is guilty of an offence.

Offences under Part 21 (General)

Marginal note:Strict liability offence — summary conviction

• 499 (1) Every person who contravenes subsection 548(1) (removal of posted referendum documents) is guilty of an offence.

• Marginal note:Offences requiring intent — dual procedure

  (2) Every person is guilty of an offence who

  • (a) knowingly contravenes subsection 549(3) (taking false oath) or 549(4) (compelling or inducing false oath); or

  • (b) not applicable.

Punishment

500 Not applicable.

Marginal note:Additional penalties

501 When a person has been convicted of an offence under this Act or the Referendum Act, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, and in addition to any other punishment that may be imposed under the Referendum Act, by order direct the person to

• (a) perform community service, subject to any reasonable conditions that may be specified in the order;

• (b) compensate any other person who has suffered damages as a result of the commission of the offence;

• (c) perform any obligation the non-performance of which gave rise to the offence; or

• (d) take any other reasonable measure that the court considers appropriate to ensure compliance with this Act.

Corrupt Practices

• 502 (1) Not applicable.

• Marginal note:Corrupt practice

  (2) Every person is guilty of an offence that is a corrupt practice who

  • (a) not applicable;

  • (b) not applicable;

  • (c) not applicable;

  • (d) not applicable;

  • (e) not applicable;

  • (f) not applicable;

  • (g) contravenes paragraph 111(a), (d) or (e) (forbidden acts re list of electors);

  • (h) contravenes paragraph 167(1)(a) (apply for a ballot under false name); or

  • (i) not applicable.

• Marginal note:Consequences of corrupt practices

  (3) Any person who is convicted of having committed an offence that is a corrupt practice under this Act shall, in addition to any other punishment for that offence prescribed by the Referendum Act, during the next seven years, after the date of their being so convicted, not be entitled to

  • (a) be elected to or sit in the House of Commons; or

  • (b) hold any office in the nomination of the Crown or of the Governor in Council.