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

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

Voting

Marginal note:Duties of deputy returning officer

 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, one guide to electoral districts and one list of candidates.

Marginal note:Representative of registered party

 A Canadian citizen may represent a registered party at a polling station if he or she provides the deputy returning officer with an authorization in the prescribed form signed by a candidate for the party.

Marginal note:Completion of certain documents

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

  • Marginal note:Voting on special ballot

    (2) The elector shall use the special ballot to vote by writing on it, in private, the name of the candidate of his or her choice, folding the special ballot and, in the presence of the deputy returning officer,

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

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

  • Marginal note:Writing candidate’s name

    (3) The candidate shall be indicated on a special ballot by writing the candidate’s given name or initials and surname. If two or more candidates have the same name, their political affiliations shall be indicated.

  • Marginal note:Spoiled special ballot

    (4) If an elector has inadvertently handled a special 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 special ballot to the elector.

  • Marginal note:Limit

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

Marginal note:Return of vote — information
  •  (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

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

Marginal note:Assistance
  •  (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 special 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 name of the candidate for whom the elector voted.

Marginal note:Hospitalized or convalescing elector
  •  (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

 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
  •  (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 special ballots;

    • (b) any unused or spoiled outer envelopes;

    • (c) any unused or spoiled special 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 election materials received from the deputy returning officers.

DIVISION 3Electors Temporarily Resident Outside Canada

Marginal note:Definitions

 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

 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
  •  (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 federal public administration or the public service 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).

  • 2000, c. 9, s. 222;
  • 2003, c. 22, s. 103.
 
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