Canada Elections Act (S.C. 2000, c. 9)

Act current to 2017-11-20 and last amended on 2016-01-01. Previous Versions

Marginal note:Requirement before administering oath — elector
  •  (1) If a person decides to prove his or her residence by taking an oath in writing in the prescribed form, the person who administers the oath shall, before doing so, orally advise the oath-taker of the qualifications for electors and the penalty that may be imposed under this Act on a person who contravenes subsection 169(4.1) or 549(3).

  • Marginal note:Requirement before administering oath — attesting to residence

    (2) If a person decides to attest to an elector’s residence by taking an oath in writing in the prescribed form, the person who administers the oath shall, before doing so, orally advise the oath-taker of the penalty that may be imposed under this Act on a person who contravenes subsection 169(5) or (6) or 549(3).

  • 2007, c. 21, s. 31;
  • 2014, c. 12, s. 55.
Marginal note:List deemed to be modified

 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
  •  (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 polling stations to be open

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

  • 2000, c. 9, s. 171;
  • 2014, c. 12, s. 56.
Marginal note:Notice of advance poll

 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 each candidate and to the Chief Electoral Officer.

Marginal note:Who may vote at advance polls
  •  (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 listed on the preliminary list of electors or was registered during the revision period; 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).

  • 2000, c. 9, s. 173;
  • 2007, c. 21, s. 32.
Marginal note:Duties of deputy returning officer
  •  (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 elector fails to prove his or her identity and residence in accordance with section 143 or to take an oath otherwise required by this Act; 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.

  • 2000, c. 9, s. 174;
  • 2007, c. 21, s. 33;
  • 2014, c. 12, s. 57.
Marginal note:Examining and sealing of ballot box
  •  (1) At the opening of an advance polling station at noon on each of the four days of advance polling, the deputy returning officer shall, in full view of the candidates or their representatives who are present,

    • (a) open the ballot box provided for that day 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 — each day

    (2) At the close of an advance polling station at 8:00 p.m. on each of the 1st, 2nd and 3rd days of advance polling, the deputy returning officer shall, in full view of the candidates or their representatives 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 whom 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;

    • (e) place the envelopes referred to in paragraphs (b) and (c) in the ballot box after the signatures have been made as described in subsection (4), and seal the ballot box; and

    • (f) after the signatures have been made as described in subsection (4), place the envelope referred to in paragraph (d) in a box provided by the Chief Electoral Officer and seal the box with a seal provided by the Chief Electoral Officer.

  • Marginal note:Close of advance poll — last day

    (3) At the close of an advance polling station at 8:00 p.m. on the 4th day of advance polling, the deputy returning officer shall, in full view of the candidates or their representatives 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 whom 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 (4), and seal the ballot box.

  • Marginal note:Affixing of signatures

    (4) 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) and (3)(b) to (d). The candidates or their representatives who are present may also place their signatures on the seals.

  • Marginal note:Re-opening of advance poll

    (5) At the re-opening of an advance polling station at noon on the 2nd, 3rd and 4th days of advance polling, the deputy returning officer shall, in full view of the candidates or their representatives who are present,

    • (a) unseal and open the box referred to in paragraph (2)(f) that was used on the previous day of advance polling, take out and open the envelope that contains the unused ballots and the record of votes cast at the advance polling station and dispose of the box; and

    • (b) open, seal and place a new ballot box in accordance with paragraphs (1)(a) to (c).

  • Marginal note:Custody of ballot box

    (6) 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 boxes in his or her custody.

  • Marginal note:Recovery of ballot box

    (7) Despite subsection (6), the returning officer may recover any ballot box that is in a deputy returning officer’s custody if the Chief Electoral Officer, being of the opinion that such action is necessary to ensure the integrity of the vote, directs the returning officer to do so.

  • Marginal note:Candidates may check seals

    (8) When an advance polling station closes on each of the four days of advance polling, the candidates or their representatives may take note of the serial number of the seal on the ballot box, and on the box referred to in paragraph (2)(f) that is used on that day, if any. When the advance polling station is re-opened on the 2nd, 3rd and 4th days of advance polling, they may again take note of the serial number of the seal on the box referred to in paragraph (2)(f) that was used on the previous day of voting. When the votes are counted on polling day, they may take note of the serial number of the seal on each of the ballot boxes used for advance polling.

  • 2000, c. 9, s. 175;
  • 2014, c. 12, s. 58.
 
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