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:Vote by special ballot only

 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

 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

 Subject to section 237.1, on acceptance of an elector’s application for registration and special ballot, the elector shall be given a special ballot, or, if section 241 applies, a ballot, an inner envelope and an outer envelope.

  • 2000, c. 9, s. 237;
  • 2014, c. 12, s. 60.
Marginal note:Proof of identity and residence
  •  (1) If an elector goes to the office of a returning officer to receive his or her ballot or special ballot, then before receiving it the elector shall prove his or her identity and residence in accordance with section 143.

  • Marginal note:Presence of candidate or representative

    (2) A candidate or their representative may be present at the office when the elector

    • (a) receives the ballot;

    • (b) places the folded ballot in the inner envelope and seals it; and

    • (c) places the inner envelope in the outer envelope and seals it.

  • Marginal note:Examination of identification documents

    (3) The candidate or representative may examine but not handle any piece of identification provided by the elector.

  • Marginal note:Prohibition — attesting to residence of more than one elector

    (3.1) No elector shall attest to the residence of more than one elector at an election.

  • Marginal note:Prohibition — attesting to residence (own residence attested to)

    (3.2) No elector whose own residence has been attested to at an election shall attest to another elector’s residence at that election.

  • Marginal note:Application of provisions

    (4) For the purposes of this section, the following provisions apply with any necessary modifications in respect of the location in the returning officer’s office where the elector receives his or her ballot or special ballot as though that location were a polling station:

    • (a) sections 135 to 137;

    • (b) sections 143 and 144;

    • (c) subsection 164(1);

    • (d) section 166; and

    • (e) paragraph 489(3)(c).

  • 2014, c. 12, s. 60.
Marginal note:Voting by special ballot

 An elector who has received a special ballot may vote in accordance with subsections 227(2) and (3).

Marginal note:Sending to Chief Electoral Officer
  •  (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 special ballot counted, an elector shall ensure that the ballot is received

    • (a) if the special 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 special 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

 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 special ballot is received within the period specified to be counted as a vote.

Marginal note:Elector to be given regular ballot

 An elector who applies to vote in person at the office of the returning officer for his or her electoral district after ballots for the electoral district have been printed shall be given a ballot that is not a special ballot and shall immediately vote in the manner described in paragraphs 151(1)(a) and (b) and 227(2)(b) to (d) and return the outer envelope to the election officer.

Marginal note:Spoiled ballot
  •  (1) If an elector has inadvertently handled a ballot or a special ballot in such a manner that it cannot be used, the elector shall return it to the election 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
  •  (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 election 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) An election 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
  •  (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 election officer shall go to the elector’s dwelling place and, in the presence of a witness who is chosen by the elector, assist the elector by

    • (a) completing the declaration 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 election 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

Definition of elector

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

Marginal note:Entitlement to vote
  •  (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 for a candidate in 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

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

 
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