Marginal note:Persons qualified as electors

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

• Marginal note:Person residing outside Canada

  (2.1) The place of ordinary residence of a person who resides outside Canada is their last place of ordinary residence in Canada.

Marginal note:Rank, powers and duties

• 15 (1) Subject to subsections 509.1(2) and (3), 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 office under Her Majesty or engage in any other employment.

Marginal note:New interpretation

16.3 If an opinion that is published under subsection 16.2(4) interprets a provision of the Act in a way that contradicts an interpretation of that provision provided in a previously issued opinion, the new interpretation does not replace the former interpretation until the date that the new opinion is issued under section 16.2.

Marginal note:Public education and information programs

• 18 (1) The Chief Electoral Officer may implement public education and information programs to make the electoral 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 public

  (1.1) 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 electoral process and the democratic rights to vote and to be a candidate.

• Marginal note:Information outside Canada

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

• Marginal note:Communication with electors with a disability

  (2) The Chief Electoral Officer shall ensure that any information on the following that is provided under subsections (1) to (1.2) in an advertising message is accessible to electors with a disability:

  • (a) how to become a candidate;

  • (b) how an elector may have their name added to a list of electors and may have corrections made to information respecting them on the list;

  • (c) how an elector may vote under section 127 and the times, dates and locations for voting;

  • (d) how an elector may prove their identity and residence in order to vote, including the pieces of identification that they may use to that end; and

  • (e) the measures for assisting electors with a disability to access a polling station or advance polling station or to mark a ballot.

• Marginal note:Communication with future electors with a disability

  (2.1) If the Chief Electoral Officer provides, in an advertising message, any information under subsections (1) and (1.1) on how a future elector may have their name added to the Register of Future Electors and may have corrections made to information respecting them in that register, the Chief Electoral Officer shall ensure that the information is accessible to future electors with a disability.

Marginal note:International cooperation

18.01 The Chief Electoral Officer may provide assistance and cooperation in electoral matters to electoral agencies in other countries or to international organizations.

Marginal note:Voting studies

• 18.1 (1) The Chief Electoral Officer may carry out studies on voting, including studies respecting alternative voting means.

• Marginal note:Alternative voting

  (2) The Chief Electoral Officer may devise and test an alternative voting process for future use in an election.

• Marginal note:Voting technology — electors with a disability

  (3) The Chief Electoral Officer shall develop, obtain or adapt voting technology for use by electors with a disability, and may test the technology for future use in an election.

• Marginal note:Prior approval

  (4) Neither an alternative voting process nor voting technology tested under subsection (2) or (3) may be used in an election without the prior approval of the committees of the Senate and of the House of Commons that normally consider electoral matters.

Marginal note:Power to enter into contracts, etc.

• 18.2 (1) The Chief Electoral Officer may enter into contracts, memoranda of understanding or other arrangements in the name of Her Majesty in right of Canada or in the Chief Electoral Officer’s name in the exercise or performance of his or her powers, duties and functions under this Act or any other Act of Parliament.

Staff

Marginal note:Staff

19 The staff of the Chief Electoral Officer consists of employees appointed in accordance with the Public Service Employment Act.

• Marginal note:Casual and temporary staff

  (2) Any additional employees that the Chief Electoral Officer considers necessary for the exercise or performance of his or her powers, duties and functions under this Act that are related to the preparation for, and the conduct of, an election may be employed on a casual or temporary basis in accordance with the Public Service Employment Act.

Marginal note:Delegation

21 The Chief Electoral Officer may delegate to any member of his or her staff, subject to any limitations that he or she may specify, any of his or her powers, duties and functions under this or any other Act of Parliament, except the power to delegate.

Marginal note:Solemn declaration

• 23 (1) Before assuming duties, an election officer shall make, in writing, a solemn declaration, in the prescribed form, that he or she will exercise the powers and perform the duties of the office in an impartial manner.

• Marginal note:Prohibition

  (2) No election officer shall communicate information, or use personal information, that is obtained in the course of exercising his or her powers or performing his or her duties under this Act, other than for a purpose related to the exercise of those powers or the performance of those duties.

• Marginal note:Sending of solemn declarations

  (3) The returning officer shall send his or her solemn declaration and that of the assistant returning officer without delay to the Chief Electoral Officer.

Marginal note:Assistant returning officer

• 26 (1) Without delay after being appointed, a returning officer shall, with the Chief Electoral Officer’s prior approval of the individual proposed to be appointed, appoint an assistant returning officer, who shall hold office at pleasure.

Marginal note:Delegation

• 27 (1) The returning officer for an electoral district may, with the Chief Electoral Officer’s prior approval, authorize any person acting under his or her direction to exercise any of the powers or perform any of the duties of a returning officer under this Act, except those described in subsection 24(3), sections 62 and 63, subsection 71(1), sections 71.1, 74, 77, 130, 293 to 298 and 300, subsection 301(6) and sections 313 to 316.

• Marginal note:Designated person to act — suspension of returning officer

  (3.01) If a returning officer is under suspension during the six months before the day set in accordance with subsection 56.1(2) for the holding of a general election or during any election period that falls in whole or in part outside that six-month period, the Chief Electoral Officer may designate a person to act in the returning officer’s place, and that person may, during and after that period, exercise the powers and perform the duties of a returning officer in relation to that election.

• Marginal note:Designated person to act — absence of returning and assistant returning officers

  (3.1) If, during the six months before the day set in accordance with subsection 56.1(2) for the holding of a general election or during any election period that falls in whole or in part outside that six-month period, a returning officer is absent or unable to act or a returning officer’s office is vacant and, at the same time, the assistant returning officer is absent or unable to act or the assistant returning officer’s office is vacant, the Chief Electoral Officer shall designate a person to act in place of the returning officer, and that person may, during and after that period, exercise the powers and perform the duties of a returning officer in relation to that election.

• Marginal note:Further limitation

  (4) An assistant returning officer appointed under subsection (2) is not an assistant returning officer for the purposes of subsections 28(1), 60(2), 70(1) and 293(1).

Marginal note:Election officers

• 32 (1) Subject to subsections (2) and (3) and 33(2) and (3), a returning officer shall, after the issue of the writ, appoint in accordance with the Chief Electoral Officer’s instructions the election officers that the returning officer considers necessary for exercising election officers’ powers and performing election officers’ duties under this Act in the returning officer’s electoral district.

• Marginal note:Appointment before issue of writ

  (2) A returning officer may, in accordance with the Chief Electoral Officer’s instructions, appoint election officers before the issue of the writ if the returning officer considers that it is desirable to do so for the purpose of training and preparing them to exercise their powers and perform their duties under this Act after the issue of the writ.

• Marginal note:Maximum number of election officers appointed

  (3) Before the eighth day after the issue of the writ, a returning officer shall not appoint more than half the number of election officers referred to in subsection (1).

Marginal note:Solicitation of names

• 33 (1) As soon as possible after the issue of the writ, a returning officer shall solicit names of persons suitable to be election officers from the candidates of registered parties that endorsed candidates in the last election in the electoral district or from the registered associations of those registered parties — or, if such a registered party has no registered association in that electoral district, from that registered party.

• Marginal note:Persons whose names are provided to be appointed

  (2) If the number of names provided under subsection (1) within seven days after the issue of the writ is less than, or equal to, the number of election officers remaining to be appointed under subsection 32(1) after the returning officer has appointed election officers under section 32, the returning officer shall, subject to subsection 37(1), appoint the persons named as election officers.

• Marginal note:Proportional distribution

  (3) If the number of names provided under subsection (1) within seven days after the issue of the writ is more than the number of election officers remaining to be appointed under subsection 32(1) after the returning officer has appointed election officers under section 32, the returning officer shall, subject to subsection 37(1), appoint from those names the election officers remaining to be appointed as far as possible in the proportion of the votes received in the last election in the electoral district by the candidates of the registered parties whose candidates or registered associations provided names under subsection (1), or that themselves provided names under that subsection, as the case may be.

• Marginal note:Removal or replacement

  (4) If a returning officer removes or replaces an election officer, the former election officer shall return all election documents and election materials in his or her possession to the returning officer or to an authorized person.

• Marginal note:Lists of election officers

  (5) Each returning officer shall make available to each candidate, on completion of the list, a list of the election officers for the electoral district who will be responsible for assisting the returning officer or assistant returning officer in the revision of lists of electors under Part 7.

• Marginal note:Identification

  (6) Each election officer shall, while exercising his or her powers or performing his or her duties, wear or carry the identification that is supplied by the Chief Electoral Officer and shall show it on request.

Marginal note:Refusal to appoint

• 37 (1) A returning officer may, on reasonable grounds, refuse to appoint as an election officer a person recommended by a candidate or by a registered association or registered party and shall immediately advise the candidate, association or party of the refusal.

• Marginal note:Recommendation of another person

  (2) If as a result of the refusal a position is not filled and there are no more persons whose names were provided by the candidate, registered association or registered party under subsection 33(1) who may be appointed under subsection 33(2) or (3), the candidate, association or party may recommend another person within 24 hours after being advised of the refusal.

Marginal note:Record of election officers’ powers and duties

38 A returning officer shall keep a record of the powers and duties that he or she has assigned to each election officer, and of the time at which or during which each election officer is to exercise a power or perform a duty assigned to him or her.

Marginal note:Election officers

39 An election officer shall exercise or perform, in accordance with the Chief Electoral Officer’s instructions, any power or duty assigned to him or her by a returning officer.

• Marginal note:Notice

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

Marginal note:Attribution of votes for appointments

42 For the purposes of subsection 33(3) and section 41, in a case in which a registered party that endorsed a candidate in the last election merges with one or more parties that were registered parties at the last election,

• (a) the merged party is deemed to have endorsed a candidate in the last election in the electoral district; and

• (b) that candidate is deemed to have received the same number of votes as the candidate who, among the candidates of the merging parties, received the largest number of votes at that election.

• (a) knowingly obstruct an election officer in the exercise of his or her powers or the performance of his or her duties;

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

• (c) having been removed or replaced as an election officer, fail to return any election documents or election materials in his or her possession to the returning officer or to an authorized person.

Marginal note:Right of access

• 43.1 (1) No person who is in control of an apartment building, condominium building or other multiple-residence building or a gated community shall prevent an election officer or a member of the staff of a returning officer from obtaining access to the building or gated community, as the case may be, between 9:00 a.m. and 9:00 p.m., to exercise his or her powers or perform his or her duties under this Act.

Register of Electors and Register of Future Electors

Maintenance and Communication

Marginal note:Maintenance of Registers

• 44 (1) The Chief Electoral Officer shall maintain

  • (a) a register of persons who are qualified as electors, to be known as the Register of Electors; and

  • (b) a register of persons who are qualified as future electors, to be known as the Register of Future Electors.

• Marginal note:Contents of Registers

  (2) The Register of Electors and the Register of Future Electors shall contain, for each elector or future elector who is included in it, as the case may be, his or her surname, given names, gender, date of birth, civic address, mailing address and any other information that is provided under subsections 49(2), 211.2(4), 223(2), 233(2) and 251(3).

• Marginal note:Identifier

  (3) The Register of Electors and the Register of Future Electors shall also contain, for each elector or future elector, as the case may be, a unique, randomly generated identifier that is assigned by the Chief Electoral Officer.

• Marginal note:Future electors becoming electors

  (4) Subject to subsection (5), the Register of Future Electors may continue to contain information about a former future elector after he or she becomes an elector until he or she is included in the Register of Electors.

• Marginal note:Inclusion optional

  (5) Inclusion in the Register of Electors and the Register of Future Electors is optional.

• Marginal note:Parental consent not necessary

  (6) A future elector’s inclusion in the Register of Future Electors does not require the consent of the future elector’s parents or guardian or tutor.

Marginal note:Lists to members and registered parties

• 45 (1) By November 15 in each year, the Chief Electoral Officer shall make available to the member for each electoral district and, on request, to each registered party that endorsed a candidate in the electoral district in the last election, a copy — taken from the Register of Electors — in electronic form, or in formats that include electronic form, of the lists of electors for the electoral district.

Updates

Marginal note:Information from Minister of Citizenship and Immigration

46.01 Despite subparagraph 46(1)(a)(ii), for the purpose of assisting the Chief Electoral Officer in updating the Register of Electors, including by deleting the name of a person who is not an elector, the Minister of Citizenship and Immigration may, at the request of the Chief Electoral Officer in writing, provide the Chief Electoral Officer with any of the following information, in relation to a person, that is contained in databases maintained by the Department of Citizenship and Immigration that relate to permanent residents and foreign nationals as those terms are defined in subsection 2(1) of the Immigration and Refugee Protection Act and with the date when the information referred to in paragraph (d) was included or updated in those databases:

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

• (b) his or her gender;

• (c) his or her date of birth;

• (d) his or her addresses; and

• (e) any unique identifier that that Minister has assigned to him or her under that Act.

Marginal note:Citizenship information

46.1 For the purpose of assisting the Chief Electoral Officer in updating the Register of Electors or Register of Future Electors, the Minister of National Revenue may, on a return of income referred to in subsection 150(1) of the Income Tax Act, request that an individual who is filing a return of income under paragraph 150(1)(d) of that Act indicate in the return whether he or she is a Canadian citizen.

Marginal note:Information in respect of deceased individuals

46.2 For the purpose of updating the Register of Electors or Register of Future Electors, the Minister of National Revenue shall, at the request of the Chief Electoral Officer, provide the name, date of birth and address of any individual to whom paragraph 150(1)(b) of the Income Tax Act applies if that individual has, in his or her last return of income filed under paragraph 150(1)(d) of that Act, authorized that Minister to provide his or her name, date of birth and address to the Chief Electoral Officer for the relevant register.

Marginal note:Other duties

47.1 Between election periods, a returning officer shall perform any duties related to the updating of the Register of Electors or Register of Future Electors that are requested by the Chief Electoral Officer.

Marginal note:Adding electors and future electors

• 48 (1) The Chief Electoral Officer shall, before including an elector in the Register of Electors or a future elector in the Register of Future Electors, send him or her the Chief Electoral Officer’s information relating to him or her and ask if he or she wishes to be included in the relevant register.

• Marginal note:Obligation of elector or future elector

  (2) An elector or future elector who wishes to be included in the relevant register shall confirm, correct or complete the information, in writing, and give it to the Chief Electoral Officer along with a signed certification that he or she is qualified as an elector or as a future elector, as the case may be.

• Marginal note:Exceptions

  (3) This section does not apply in respect of the inclusion of an elector or future elector that is

  • (a) done at his or her request;

  • (b) done using information from lists of electors or future electors established under provincial law that contain information that the Chief Electoral Officer considers sufficient for the elector’s or future elector’s inclusion; or

  • (c) done using information to update the Register of Electors under subsection 46(1.01).

Marginal note:Listing requests

• 49 (1) Any person may at any time request the Chief Electoral Officer to include him or her in the Register of Electors or Register of Future Electors, by providing

  • (a) a signed certification that he or she is qualified as an elector or as a future elector, as the case may be;

  • (b) his or her surname, given names, gender, date of birth, civic address and mailing address; and

  • (c) satisfactory proof of identity.

• Marginal note:Optional information

  (2) In addition to the information referred to in subsection (1), the Chief Electoral Officer may invite the elector or future elector to give any other information that the Chief Electoral Officer considers necessary to implement any agreements entered into under section 55, but the elector or future elector is not required to do so.

Marginal note:Corrections

50 An elector or future elector may inform the Chief Electoral Officer of changes to the information in the Register of Electors or Register of Future Electors, as the case may be, relating to him or her, and the Chief Electoral Officer shall make the necessary corrections to the relevant register.

Marginal note:Verification

51 The Chief Electoral Officer may

• (a) contact an elector or future elector to verify the Chief Electoral Officer’s information relating to him or her; and

• (b) request the elector or future elector to confirm, correct or complete the information within 60 days after receiving the request.

• Marginal note:Restriction — Register of Future Electors

  (2) If a future elector so requests the Chief Electoral Officer in writing, information in the Register of Future Electors relating to the future elector shall be used only for the purposes of

  • (a) updating the Register of Electors; or

  • (b) the transmission of information in the course of public education and information programs implemented under subsection 18(1).

Marginal note:Access to personal information

54 At the written request of an elector or future elector, the Chief Electoral Officer shall send him or her all the information in the Chief Electoral Officer’s possession relating to him or her.

Marginal note:Provincial bodies

• 55 (1) The Chief Electoral Officer may enter into an agreement with any body responsible under provincial law for establishing a list of electors or future electors, governing the giving of information contained in the Register of Electors or Register of Future Electors, or the giving of information referred to in subsection 44(2) or (3) that the Chief Electoral Officer intends to include in either register, if that information is needed for establishing such a list.

• Marginal note:Exception

  (1.1) Despite subsection (1), the Chief Electoral Officer shall not enter into an agreement governing the giving of information contained in the Register of Future Electors, or the giving of information referred to in subsection 44(2) or (3) in relation to future electors, with any body that is required under provincial law to give or to make available to political parties, entities associated with a political party or members of a legislature information relating to future electors.

• (c) fix the date for voting at the election, which date must be no earlier than the 36th day and no later than the 50th day after the day on which the writ was issued.

• 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 and, on being ordered by the Governor in Council to do so, shall, within three months after the date of publication of the notice, issue a new writ ordering an election to be held.

• Marginal note:Polling day

  (3) The day named in the new writ for polling day is determined by the Governor in Council, but may be no later than the 50th day after the day on which the new writ was issued.

• Marginal note:Postponement of election and new polling day

  (4) If 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 with regard to an electoral district, but the Governor in Council is of the opinion that the withdrawal of the writ under subsection (1) is not warranted, the Governor in Council may, by order, postpone the election by up to seven days for that electoral district and, correspondingly, extend the election period and fix the date for the new polling day.

• Marginal note:Postponement of election — rules

  (5) If the Governor in Council orders the postponement of an election for an electoral district under subsection (4), then, in respect of that electoral district, the following rules apply in respect of any time period before polling day specified under this Act:

  • (a) if this Act authorizes or requires anything to be done on a day that is a certain number of days before polling day or done within a period that ends before polling day, and the day occurs or the period ends before the day on which the postponement order is made, then polling day is deemed to still be the day fixed under paragraph 57(1.2)(c) and not the day fixed under subsection (4);

  • (b) if this Act authorizes or requires anything to be done within a period that ends on or before polling day and the period ends on or after the day on which the postponement order is made, then

    • (i) anything done as authorized or required on or before the day on which the postponement order is made is valid, and

    • (ii) in respect of anything not done as authorized or required on or before that day, the period during which the thing is authorized or required to be done is extended by the number of days by which the election is postponed;

  • (c) if this Act authorizes or requires anything to be done on a day that is a certain number of days before polling day and that day occurs on the day on which the postponement order is made, then

    • (i) anything done as authorized or required on that day is valid, and

    • (ii) in respect of anything not done as authorized or required on that day, the day on which the thing is authorized or required to be done is postponed by the number of days by which the election is postponed;

  • (d) if a period is extended under subparagraph (b)(ii) or a day is postponed under subparagraph (c)(ii), then any mention of a number of days before polling day prevails over any mention of a day of the week before polling day; and

  • (e) for the purposes of this subsection, if the original polling day fixed under paragraph 57(1.2)(c) is a Tuesday because of section 56.2 or subsection 57(4), it is deemed to be a Monday.

Marginal note:Returning officer to open and maintain 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 that are accessible to electors with a disability in a convenient place in the electoral district and shall maintain the office throughout the election period.

• (b) make a solemn declaration in the prescribed form; and

• Marginal note:Notice to election officers

  (3) The returning officer shall make the notice of grant of a poll available to, for each polling station, an election officer who is assigned to work in the polling station. The election officer shall post the notice in the polling station.

Marginal note:Filing of nomination paper

• 67 (1) A prospective candidate shall file the nomination paper with the returning officer in the electoral district in which the prospective candidate is seeking nomination at any time between the date of the issue of the Notice of Election and the close of nominations.

• Marginal note:Proof of identity — prospective candidate

  (2) A prospective candidate who personally files his or her nomination paper shall provide the returning officer with the following proof of his or her identity:

  • (a) one piece of identification issued by a Canadian government, whether federal, provincial or local, or an agency of such a government, that contains a photograph of the prospective candidate and his or her name referred to in subparagraph 66(1)(a)(i); or

  • (b) two pieces of identification of a type authorized under subsection (3), each of which establishes that name.

• Marginal note:Authorized types of identification

  (3) The Chief Electoral Officer may authorize types of identification for the purposes of subsections (2) and (8). For greater certainty, any document may be authorized, regardless of who issued it.

• Marginal note:Name prospective candidate commonly known by — documents

  (4) If a prospective candidate wishes a name referred to in subparagraph 66(1)(a)(i.1) to appear on the ballot instead of the name referred to in subparagraph 66(1)(a)(i), he or she shall file with the returning officer documents of a type authorized under subsection (5) as proof that he or she is commonly known by that name.

• Marginal note:Authorized types of documents

  (5) The Chief Electoral Officer may authorize types of documents for the purposes of subsection (4).

• Marginal note:Auditor’s consent

  (6) If a prospective candidate has appointed an auditor, the prospective candidate shall file with the returning officer by the close of nominations a statement signed by the auditor consenting to act in that capacity.

• Marginal note:Authorized person

  (7) A prospective candidate may authorize another person to carry out, on the prospective candidate’s behalf, any of the prospective candidate’s obligations under subsections (1), (4) and (6).

• Marginal note:Proof of identity — authorized person

  (8) A person authorized under subsection (7) who files a nomination paper on behalf of a prospective candidate shall file on the prospective candidate’s behalf with the returning officer, together with the nomination paper, the following proof of the prospective candidate’s identity:

  • (a) a copy, signed by the prospective candidate, of one piece of identification issued by a Canadian government, whether federal, provincial or local, or an agency of such a government, that contains a photograph of the prospective candidate and his or her name referred to in subparagraph 66(1)(a)(i); or

  • (b) a copy, signed by the prospective candidate, of each of two pieces of identification of a type authorized under subsection (3), each of which establishes that name.

• Marginal note:Names of endorsed candidates

  (3) The chief agent of a political party shall provide the Chief Electoral Officer, no later than 24 hours before the close of nominations, with

  • (a) the name of every prospective candidate who has been endorsed by the party;

  • (b) the electoral district in which the prospective candidate intends to be a candidate; and

  • (c) the name of the person or persons who endorsed the prospective candidate on the party’s behalf.

• Marginal note:Information to returning officers

  (4) As soon as feasible after receiving the information set out in paragraphs (3)(a) to (c), but no later than the close of nominations, the Chief Electoral Officer shall provide the information to the returning officer of the electoral district referred to in paragraph (3)(b).

Marginal note:Name prospective candidate commonly known by — determination

• 71.1 (1) If a nomination paper includes a name referred to in subparagraph 66(1)(a)(i.1) and documents have been filed under subsection 67(4) in respect of the prospective candidate, then the returning officer shall determine, in accordance with the Chief Electoral Officer’s instructions, whether the documents prove that the prospective candidate is commonly known by that name.

• Marginal note:Confusion with name of political party — determination

  (2) If the returning officer determines that the documents prove that the prospective candidate is commonly known by that name, but in the returning officer’s opinion the name could be confused with the name of a political party, he or she shall notify the Chief Electoral Officer, who shall determine whether the name could be confused with one and shall inform the returning officer of the determination.

• Marginal note:Name to appear on ballot

  (3) The name referred to in subparagraph 66(1)(a)(i.1) shall be the name that appears on the ballot in respect of the prospective candidate unless

  • (a) the returning officer determines under subsection (1) that the documents filed under subsection 67(4) do not prove that the prospective candidate is commonly known by that name; or

  • (b) the Chief Electoral Officer determines under subsection (2) that the name could be confused with the name of a political party.

• Marginal note:Clarification

  (4) For greater certainty, if the name referred to in subparagraph 66(1)(a)(i.1) is not, under subsection (3), the name that is to appear on the ballot in respect of the prospective candidate, then the name that is to appear on the ballot in respect of the prospective candidate shall be the name referred to in subparagraph 66(1)(a)(i).

• Marginal note:Notice of name to appear on ballot

  (5) The returning officer shall, not later than 48 hours after the nomination paper is filed, give the prospective candidate notice, in the prescribed form, of whether the name referred to in subparagraph 66(1)(a)(i.1) is the name that is to appear on the ballot in respect of the prospective candidate.

Marginal note:Electronic filing

• 73 (1) A person who files a nomination paper or any other document under section 67 may do so by electronic means. In order for the nomination to be valid, the returning officer must receive the document in electronic form by the close of nominations.

• Marginal note:Proof of identity

  (1.1) If a prospective candidate files the nomination paper under section 67 by electronic means, he or she may, to prove his or her identity, file by electronic means the copy or copies referred to in paragraph 67(8)(a) or (b). If the prospective candidate does so, he or she need not provide proof of his or her identity under subsection 67(2).

Marginal note:Publishing false statement to affect election results

• 91 (1) No person or entity shall, with the intention of affecting the results of an election, make or publish, during the election period,

  • (a) a false statement that a candidate, a prospective candidate, the leader of a political party or a public figure associated with a political party has committed an offence under an Act of Parliament or a regulation made under such an Act — or under an Act of the legislature of a province or a regulation made under such an Act — or has been charged with or is under investigation for such an offence; or

  • (b) a false statement about the citizenship, place of birth, education, professional qualifications or membership in a group or association of a candidate, a prospective candidate, the leader of a political party or a public figure associated with a political party.

• Marginal note:Clarification

  (2) Subsection (1) applies regardless of the place where the election is held or the place where the false statement is made or published.

Marginal note:Publishing false statement of candidate’s withdrawal

92 No person or entity shall publish a false statement that indicates that a candidate has withdrawn.

Marginal note:Preliminary lists and information to returning officer

• 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 make it available 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:Preliminary lists to parties

  (1.1) The Chief Electoral Officer shall make available in electronic form or in formats that include electronic form, to each registered party or eligible party that requests them, the preliminary lists of electors for an electoral district in respect of which a writ has been issued.

Marginal note:Preliminary lists to candidates

94 Each returning officer to whom the preliminary lists of electors for his or her electoral district have been made available shall make them available to each candidate in the electoral district who requests them.

Marginal note:Election officers who are designated to receive applications

• 97 (1) The returning officer, assistant returning officer and other election officers 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 election officers other than the returning officer or assistant returning officer shall, on completion, be presented to the returning officer or assistant returning officer for his or her approval.

Marginal note:Revision offices

98 The returning officer may open one or more offices for the revision of the preliminary lists of electors. The office or offices shall be in premises that are accessible to electors with a disability.

Marginal note:Election officers to act in pairs

• 100 (1) Election officers shall act in pairs when they assist the returning officer or assistant returning officer in the revision of the preliminary lists of electors.

• Marginal note:Disagreement between election officers

  (2) In case of disagreement between members of a pair, the two election officers shall refer the matter to the returning officer or assistant returning officer for a decision and are bound by that decision.

• (d) the elector, or another elector who lives at the same residence as the elector, completes the prescribed registration form, and makes the solemn declaration in the prescribed form, at their residence and in the presence of a pair of election officers assisting the returning officer or assistant returning officer in the revision of the preliminary lists of electors.

Marginal note:Lists to candidates

104.1 Each returning officer shall, on the 19th day before polling day, make available the most current preliminary lists of electors for his or her electoral district to each candidate in the electoral district who requests them.

Marginal note:Lists to registered parties

104.2 The Chief Electoral Officer shall, on the 19th day before polling day, make available in electronic form or in formats that include electronic form the most current preliminary lists of electors for each electoral district to each registered party that has endorsed a candidate in that electoral district and that requests them.

Marginal note:Official list of electors

106 Each returning officer shall, without delay after the 7th day before polling day but no later than the 3rd day before polling day, prepare the official list of electors for each polling station for use on polling day.

Marginal note:Form of lists

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

• Marginal note:Lists to election officers

  (2) Each returning officer shall make available to election officers the revised list of electors or official list of electors, as the case may be, that the election officers need to conduct the vote in the advance polling station or polling station to which they are assigned. The list shall indicate each elector’s year of birth.

• Marginal note:Lists to candidates

  (3) Each returning officer shall make available to each candidate a version of the revised lists of electors and the official lists of electors that does not indicate an elector’s year of birth.

• Marginal note:Lists to registered parties

  (4) The Chief Electoral Officer shall make available in electronic form or in formats that include electronic form, for each electoral district, a version of the revised lists of electors and the official lists of electors that does not indicate an elector’s year of birth to each registered party that has endorsed a candidate in that electoral district.

• Marginal note:Lists to member and parties

  (2) The Chief Electoral Officer shall make available in electronic form, or in formats that include electronic form, the final lists of electors for each electoral district to each registered party that has endorsed a candidate in the electoral district and to the member who was elected for the electoral district in the last election.

Marginal note:Registered parties

• 110 (1) A registered party to which lists of electors are made available under section 45, subsection 93(1.1), section 104.2, subsection 107(4) or section 109 may use the lists for communicating with electors, including using them for soliciting contributions and recruiting party members.

• Marginal note:Eligible parties

  (1.1) An eligible party to which preliminary lists of electors are made available under subsection 93(1.1) may use the lists for communicating with electors, including using them for soliciting contributions and recruiting party members.

• Marginal note:Members

  (2) A member to whom lists of electors or final lists of electors are made available under section 45 or 109, respectively, may use the lists for

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

  • (b) if the member is a member of a registered party, soliciting contributions for the registered party and recruiting party members.

• Marginal note:Candidates

  (3) A candidate to whom the preliminary lists of electors are made available under section 94 or 104.1, or to whom the revised lists of electors or the official lists of electors are made available under subsection 107(3), may use the lists for communicating with his or her electors during the election period, including using them for soliciting contributions and campaigning.

• (ii) for the purposes of the administration and enforcement of this Act or the Referendum Act.

List of Election Officers

Marginal note:List of election officers to candidates

• 112 (1) A returning officer shall, at least three days before polling day, post in his or her office, and make available to each candidate or candidate’s representative, a list of the names of all the election officers appointed to act in the electoral district who are assigned to a polling station, along with the polling station to which each officer is assigned.

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 election materials and the necessary instructions for the election officers to exercise their powers and perform their duties.

• 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 other election officers to be affixed.

• Marginal note:Nom de l’imprimeur et affidavit

  (6) Les bulletins de vote doivent porter le nom de l’imprimeur qui doit, lorsqu’il les livre au directeur du scrutin, lui remettre un affidavit, selon le formulaire prescrit, précisant leur description, le nombre qu’il lui livre et le fait qu’il s’est conformé au paragraphe (5).

Provision of Election Materials to Election Officers

Polling Stations

Marginal note:Establishment of polling stations

120 Each returning officer shall, for polling day, establish polling stations and assign each polling division to a polling station.

Marginal note:Accessibility

• 121 (1) A polling station shall be in premises that are accessible to electors with a disability.

• Marginal note:Exception

  (2) If a returning officer is unable to secure suitable premises for a polling station that are accessible to electors with a disability, the returning officer may, with the prior approval of the Chief Electoral Officer, establish the polling station in premises that are not accessible to such electors.

• Marginal note:Voting compartments

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

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

  (2) Whenever possible, a returning officer shall establish a polling station in a school or other suitable public building.

Marginal note:Information — location of polling stations

• 125.1 (1) The returning officer for an electoral district and the Chief Electoral Officer shall make the addresses of all of the polling stations in the electoral district available to, respectively, each candidate in the electoral district and each political party that has endorsed a candidate in the electoral district. That information shall be made available on the later of the 24th day before polling day and the day on which the candidate’s nomination is confirmed, along with maps of the electoral district indicating the boundaries of each polling division and the location of each polling station.

• Marginal note:Notification of change — on or before 5th day before polling day

  (2) If, on or before the 5th day before polling day, there is a change in the address of any polling station in the electoral district, the returning officer and the Chief Electoral Officer shall without delay make that information available to the candidates and the political parties respectively, along with maps of the electoral district indicating the new location of the polling station.

• Marginal note:Electoral district maps — electronic format

  (2.1) The maps that the Chief Electoral Officer is to make available to political parties under subsections (1) and (2) shall be made available in electronic form or in formats that include electronic form.

• Marginal note:Notification of change — after 5th day before polling day

  (3) If, after the 5th day before polling day, there is a change in the address of any polling station in the electoral district, the returning officer and the Chief Electoral Officer shall without delay make that information available to the candidates and the political parties respectively.

• Marginal note:Representatives may absent themselves from poll

  (2) A representative of a candidate, or an elector 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 is not required to produce a new written authorization from the candidate or official agent, or a copy of one, or to make another solemn declaration.

Marginal note:Examining and sealing ballot box

140 When the polling station opens, an election officer who is assigned to the polling station shall, in full view of the candidates or their representatives who are present, open the ballot box and ascertain that it is empty, and shall

Marginal note:Calling electors

141 Immediately after the ballot box is sealed, an election officer who is assigned to the polling station shall call on the electors to vote.

Marginal note:Electors not to be impeded

142 An election officer who is assigned to the polling station 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:Requirement before making solemn declaration — elector

• 143.1 (1) If a person decides to prove his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the qualifications for electors and the penalty that may be imposed under this Act on a person who is found guilty of voting or attempting to vote at an election knowing that he or she is not qualified as an elector or who contravenes subsection 549(3).

• Marginal note:Requirement before making solemn declaration — vouching for elector

  (2) If a person decides to vouch for an elector by making the solemn declaration referred to in subsection 549.1(2) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the penalty that may be imposed under this Act on a person who contravenes any of subsections 282.1(1) to (3) or 549(3).

Marginal note:Proof of qualification as elector

144 If the election officer referred to in subsection 143(1), a candidate or a candidate’s representative has reasonable doubts concerning whether a person intending to vote is qualified as an elector, the officer, candidate or representative may request that the person make the solemn declaration referred to in subsection 549.1(1) in writing, in which case the person shall not be allowed to vote unless he or she makes that solemn declaration.

Marginal note:Name and address corresponding closely to another

146 If the name and address of a person who asks for a ballot do not appear in the list of electors but a different name and address in that list correspond so closely as to suggest that they are intended to refer to that person, the person shall not be allowed to vote unless he or she makes a solemn declaration in the prescribed form.

Marginal note:Person in whose name another has voted

• 147 (1) If a person asks for a ballot at a polling station after someone else has voted under that person’s name, the person shall not be allowed to vote unless he or she makes the solemn declaration referred to in subsection 549.1(1) in writing.

• Marginal note:Requirement before making solemn declaration

  (2) An election officer shall, before the person makes the solemn declaration, advise the person in writing of the penalty that may be imposed under this Act on a person who is found guilty of voting or attempting to vote more than once contrary to section 281.5 or of requesting or applying for a ballot or special ballot in a name that is not his or her own contrary to paragraph 281.7(1)(a).

Marginal note:Name crossed off list in error

148 If an elector claims that his or her name has been crossed off in error from an official list of electors under subsection 176(2) or (3), the elector shall not be allowed to vote unless the returning officer verifies that the elector’s name was crossed off in error or the elector makes the solemn declaration referred to in subsection 549.1(1) in writing.

Marginal note:Failure to prove identity or residence

• 148.1 (1) An elector who fails to prove his or her identity and residence in accordance with section 143 or to make a solemn declaration otherwise required by this Act shall not receive a ballot or be allowed to vote.

• Marginal note:When elector refuses to make solemn declaration

  (2) If an elector refuses to make a solemn declaration on the ground that 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 election officer in whose opinion the elector is required to make the solemn declaration, the returning officer decides that the elector is not required to make it, and if the elector is entitled to vote in the polling division, the returning officer shall direct that he or she be allowed to do so.

• (a) the elector gives the election officer referred to in subsection 143(1) a transfer certificate described in section 158 or 159 and, for a certificate described in subsection 158(2), fulfils the conditions described in subsection 158(3); or

• (b) the elector gives the election officer a registration certificate described in subsection 161(4).

Marginal note:Delivery of ballot to elector

• 150 (1) Every elector who is admitted to vote shall be given a ballot by the election officer referred to in subsection 143(1), after that election officer has placed on the back of the ballot, in the space indicated in Form 3 of Schedule 1, the number of the elector’s polling division.

• Marginal note:Instructions to elector on receiving ballot

  (2) The election 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 election officer who initialed the ballot are visible and shall direct the elector to return the marked and folded ballot.

Marginal note:Spoiled ballot

• 152 (1) If the ballot is incapable of being used, the elector shall return it to the election officer referred to in subsection 143(1), 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:Assistance by election officer

• 154 (1) On request by an elector who is unable to read or because of a disability is unable to vote in the manner described by this Act, an election officer who is assigned to the polling station shall assist the elector in the presence of another election officer who is assigned to the polling station.

• Marginal note:Template

  (2) An election officer who is assigned to the polling station 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:Use of interpreter

156 An election officer who is assigned to a polling station may appoint a language or sign language interpreter to assist election officers at the polling station in communicating to an elector any information that is necessary to enable him or her to vote.

• Marginal note:Transfer certificate for election officer

  (2) An election officer who is assigned to a polling station shall issue a transfer certificate to any person — other than himself or herself — whose name appears on the official list of electors for the polling station and who has been appointed to act as an election officer for another polling station in the same electoral district.

• 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 exercises the power or performs the duty specified in the certificate at the place mentioned in the certificate.

Marginal note:Transfer certificate for elector with disability

• 159 (1) An elector who has a disability and is therefore unable to vote without difficulty in his or her polling station may apply for a transfer certificate to vote at another polling station in the same electoral district.

• Marginal note:Application

  (2) The application shall be made in accordance with the Chief Electoral Officer’s instructions.

• Marginal note:Issue of transfer certificate to elector with disability

  (3) An election officer shall issue a transfer certificate in the prescribed form, and provide the certificate to the person who submitted the application to the officer, if the officer is satisfied that the elector’s name appears on a list of electors for the electoral district.

Marginal note:Requirement before making solemn declaration — elector

• 161.1 (1) If a person decides to prove his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the qualifications for electors and the penalty that may be imposed under this Act on a person who contravenes subsection 161(5.1) or 549(3).

• Marginal note:Requirement before making solemn declaration — vouching for elector

  (2) If a person decides to vouch for an elector by making the solemn declaration referred to in subsection 549.1(2) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the penalty that may be imposed under this Act on a person who contravenes any of subsections 282.1(1) to (3) or 549(3).

Duties of Election Officers Assigned to Polling Station

Marginal note:Procedure in case of contravention of secrecy

• 164 (1) It is the duty of the election officers who are present at the polling station to draw the attention of any elector to an offence that the elector commits in contravening any of paragraphs 281.6(3)(a) to (c) 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.

• Marginal note:Clarification

  (2) For greater certainty, if one election officer performs his or her duty under subsection (1) with regard to an elector, no other election officer need do so with regard to that elector.

Marginal note:Engagement of auditor

164.1 For each general election and by-election, the Chief Electoral Officer shall engage an auditor that he or she considers to have technical or specialized knowledge — other than a member of his or her staff or an election officer — to perform an audit and report on whether election officers have properly exercised any of the powers conferred on them under this Act, or properly performed any of the duties imposed on them under this Act, that are specified by the Chief Electoral Officer.

Transfer Certificates

Marginal note:Transfer certificate for candidate

• 168.1 (1) A candidate whose name appears on the revised list of electors for an advance polling station is entitled on request to receive a transfer certificate to vote at another advance polling station in the same electoral district.

• Marginal note:Transfer certificate for election officer

  (2) An election officer who is assigned to an advance polling station shall issue a transfer certificate to any person — other than himself or herself — whose name appears on the revised list of electors for the advance polling station and who has been appointed to act as an election officer for another advance polling station.

• Marginal note:Condition

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

• Marginal note:Transfer certificate for elector whose advance polling station has moved

  (4) If an elector’s advance polling station moves to another location after the notice of confirmation of registration has been sent, an elector who attends at the advance polling station set out in the notice is entitled on request to receive a transfer certificate to vote at that advance polling station.

Marginal note:Transfer certificate for elector with disability

• 168.2 (1) An elector who has a disability and is therefore unable to vote without difficulty in his or her advance polling station may apply for a transfer certificate to vote at another advance polling station in the same electoral district.

• Marginal note:Application requirements

  (2) The application shall be made in accordance with the Chief Electoral Officer’s instructions.

• Marginal note:Issue of transfer certificate to elector with disability

  (3) An election officer shall issue a transfer certificate in the prescribed form, and provide the certificate to the person who submitted the application to the officer, if the officer is satisfied that the elector’s name appears on the revised list of electors for the electoral district.

Marginal note:Signing, numbering and recording transfer certificate

168.3 The election officer who issues a transfer certificate 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 an election officer who is assigned to the advance polling station on whose list of electors appears the name of the person to whom the certificate has been issued.

Marginal note:Requirement before making solemn declaration — elector

• 169.1 (1) If a person decides to prove his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing 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 making solemn declaration — vouching for elector

  (2) If a person decides to vouch for an elector by making the solemn declaration referred to in subsection 549.1(2) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the penalty that may be imposed under this Act on a person who contravenes any of subsections 282.1(1) to (3) or 549(3).

• Marginal note:When advance polling stations to be open

  (2) An advance polling station shall be open from 9:00 a.m. to 9:00 p.m. on Friday, Saturday, Sunday and Monday, the 10th, 9th, 8th and 7th days, respectively, before polling day, and shall not be open at any other time.

• 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 the elector has obtained a transfer certificate under section 168.1 or 168.2 or a registration certificate under subsection 169(3).

• Marginal note:Procedure by election officer

  (3) If an elector whose name does not appear on the revised list of electors has voted, an election officer who is assigned to the advance polling station shall indicate on the prescribed form that the elector has voted in accordance with subsection (2).

Marginal note:Duties of election 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, an election officer who is assigned to the advance polling station shall permit the elector to vote unless the elector fails to prove his or her identity and residence in accordance with section 143 or to make a solemn declaration otherwise required by this Act.

• Marginal note:Number of advance polling district

  (1.1) An election officer who gives an elector a ballot at an advance polling station shall, before providing the ballot, place on the back of the ballot, in the space indicated in Form 3 of Schedule 1 for the polling division number, the number of the elector’s advance polling district.

• Marginal note:Record of votes cast

  (2) An election officer who is assigned to the advance polling station shall keep a record in duplicate at the advance polling station, 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 mark on the record the notations that an election officer who is assigned to a polling station is required by this Act to make opposite an elector’s name at the polling station on polling day.

Marginal note:Opening of advance polling station

• 175 (1) At the opening of an advance polling station at 9:00 a.m., an election officer who is assigned to the advance polling station shall, in full view of the candidates or their representatives who are present,

  • (a) on the 1st day of advance polling,

    • (i) open the ballot box and ascertain that it is empty,

    • (ii) seal the ballot box with the seals provided by the Chief Electoral Officer, and

    • (iii) 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; and

  • (b) on the 2nd, 3rd and 4th days of advance polling, 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 polling station

  (2) At the close of an advance polling station at 9:00 p.m. on each of the four days of advance polling, an election officer who is assigned to the advance polling station shall, in full view of the candidates or their representatives who are present, and in accordance with instructions that the Chief Electoral Officer considers necessary to ensure the integrity of the vote, take the measures set out in those instructions.

• Marginal note:Other ballot boxes

  (3) If an election officer who is assigned to the advance polling station determines, in accordance with the Chief Electoral Officer’s instructions, that another ballot box is needed at the advance polling station, then an election officer who is assigned to the advance polling station shall, in full view of the candidates or their representatives who are present and in accordance with those instructions,

  • (a) take the steps set out in subparagraphs (1)(a)(i) to (iii) with regard to that other ballot box; and

  • (b) take the steps set out in paragraph (1)(b) and in subsection (2) with regard to the ballot boxes in the circumstances set out in those instructions.

• Marginal note:Candidates may check seals

  (4) The candidates or their representatives may take note of the serial numbers of the seals on the following ballot boxes at the times indicated:

  • (a) for any ballot box that was used on a day of advance polling, note may be taken when an advance polling station closes on each of the four days of advance polling;

  • (b) for a ballot box that is placed on the table in accordance with subsection (1) or (3), note may be taken when it is placed there; and

  • (c) for each of the ballot boxes that were used for advance polling, note may be taken when the votes are counted on polling day.

• Marginal note:Custody of ballot boxes

  (5) Until the counting of the ballots on polling day, an election officer shall keep the sealed ballot box or boxes in his or her custody in accordance with the Chief Electoral Officer’s instructions.

• Marginal note:Recovery of ballot box

  (6) Despite subsection (5), the returning officer may recover any ballot box that another election officer is required under that subsection to have in his or her custody if the returning officer considers that such action is necessary to ensure the integrity of the vote. The returning officer shall inform the Chief Electoral Officer of the matter as soon as possible.

• Marginal note:Recovery of ballot box — dwelling place or vehicle

  (7) If a ballot box to be recovered is in a dwelling place or a vehicle, the returning officer may enter the dwelling place or vehicle without the occupant’s or owner’s consent only if the returning officer is accompanying a peace officer who enters the dwelling place or vehicle under the authority of a warrant issued under subsection (8).

• Marginal note:Authority to issue warrant

  (8) On ex parte application by the returning officer, a justice of the peace may issue a warrant authorizing a peace officer to enter a dwelling place or a vehicle, accompanied by the returning officer, if the justice is satisfied by information on oath that

  • (a) a ballot box is in the dwelling place or vehicle;

  • (b) entry to the dwelling place or vehicle is necessary to recover the ballot-box; and

  • (c) entry was refused by the occupant or owner or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant or owner.

• Marginal note:Telewarrant

  (9) If a returning officer believes that it would not be practical to appear personally to make an application for a warrant under subsection (8), a warrant may be issued by telephone or other means of telecommunication on application submitted by telephone or other means of telecommunication, and section 487.1 of the Criminal Code applies for that purpose with any necessary modifications.

• 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 an election officer who is assigned to the polling station to cross their names off the list, and the election officer shall do so without delay.

Marginal note:Distribution of election materials

186.1 Without delay after the writs are issued, 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 the election materials necessary to carry out the purposes and provisions of this Part, including materials for the purpose of determining in which electoral district an elector is entitled to vote.

Marginal note:Delivery of list of candidates

188 Without delay after a list of candidates is established, the special voting rules administrator shall provide the list to the coordinating officer, to every liaison officer and commanding officer and, as the special voting rules administrator considers appropriate, to any other person.

Interpretation

Marginal note:Election officers

190.1 For the purpose of section 9, subsections 23(1) and (2) and section 23.1, the coordinating officer, liaison officers designated under subsection 199.2(1), commanding officers and unit election officers are deemed to be election officers and paragraph 43(c), subsection 484(1) and paragraph 484(3)(f) also apply to them if they are relieved of duty.

Voting Entitlement

Registration

Marginal note:Right to register

• 192 (1) When a person becomes entitled to vote under this Division, the person’s commanding officer shall inform him or her of the right to ask the Chief Electoral Officer to include him or her in the Register of Electors or, if already included in it, to ask for his or her registration to be updated.

• Marginal note:Right to register — future elector

  (2) When a future elector is enrolled in the Canadian Forces, or when a member of the Canadian Forces becomes qualified as a future elector, the future elector’s commanding officer shall inform him or her of the right to ask the Chief Electoral Officer to include him or her in the Register of Future Electors or, if already included in it, to ask for his or her registration to be updated.

• Marginal note:Service number

  (3) An elector, or a future elector who is a member of the Canadian Forces, who asks the Chief Electoral Officer to include him or her in the Register of Electors or Register of Future Electors, or asks for his or her registration to be updated, must provide his or her service number to the Chief Electoral Officer.

• Marginal note:Duty

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

  • (a) his or her surname, given names, gender, rank and service number;

  • (b) his or her date of birth;

  • (c) the civic address and mailing address of his or her place of ordinary residence; and

  • (d) his or her current mailing address.

• Marginal note:Updating Register of Electors

  (3) The Chief Electoral Officer may use the information provided under subsection (2) to update the Register of Electors or Register of Future Electors.

• Marginal note:Retention of certain information

  (4) The Chief Electoral Officer may retain the information provided under subsection (2), but not included in the Register of Electors or Register of Future Electors, for the purpose of correlating information subsequently collected with information already contained in the relevant register.

• Marginal note:Information provided to coordinating officer

  (5) The Chief Electoral Officer may provide the coordinating officer with the information referred to in paragraphs (2)(a) to (d) relating to each elector or future elector who has provided a service number under this Part.

Marginal note:Cooperation

199.1 The coordinating officer shall cooperate with the special voting rules administrator to facilitate the voting, under Divisions 3 and 4 of this Part, of

• (a) a person employed by or in support of the Canadian Forces outside Canada;

• (b) a person who accompanies a unit or other element of the Canadian Forces that is on service or active service outside Canada, within the meaning of subsection 61(1) of the National Defence Act; or

• (c) a person who resides outside Canada with a member of the Canadian Forces or with a person referred to in paragraph (a) or (b).

Liaison Officers

Marginal note:Designation

• 199.2 (1) The Minister of National Defence shall designate one or more electors as liaison officers to work, during and between election periods, with the Chief Electoral Officer and the coordinating officer in carrying out the purposes and provisions of this Division.

• Marginal note:Duty of coordinating officer

  (2) The coordinating officer shall provide the Chief Electoral Officer with the name and address of each liaison officer as each one is designated.

Marginal note:Duty 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.

Marginal note:Duty of coordinating officer

202 On being informed of the issue of the writs, the coordinating officer shall inform each liaison officer and commanding officer of their issue.

Marginal note:Duty of liaison officers — information

203 On being informed of the issue of the writs, a liaison officer shall give each commanding officer in respect of whose unit the liaison officer has liaison duties all necessary information for carrying out the purposes and provisions of this Division.

Marginal note:Alternative address — commanding officer

• 204.1 (1) For the purpose of maintaining operational security, a commanding officer may indicate on the list of electors, with respect to some or all of the electors in the commanding officer’s unit, their alternative address rather than the address that would otherwise be indicated under subsection 204(3).

• Marginal note:Alternative address — elector

  (2) For the purpose of maintaining operational security or out of a reasonable apprehension of bodily harm if the address of his or her place of ordinary residence were to appear on the list of electors, an elector may ask his or her commanding officer not to indicate that address on the list of electors. The commanding officer, unless he or she considers that it would not be in the public interest to do so, shall grant the request and indicate the elector’s alternative address on the list.

• Marginal note:Special voting rules administrator informed

  (3) The commanding officer shall inform the special voting rules administrator, through a liaison officer, that an alternative address has been indicated under this section.

• Marginal note:Clarification

  (4) For greater certainty, the indication of an alternative address on the list of electors under this section does not change the elector’s place of ordinary residence for the purposes of this Act.

Marginal note:Joint polling stations

207 The commanding officers of units may establish a joint polling station for electors in their units, if the commanding officers consider that it would be useful to do so for carrying out the purposes and provisions of this Division.

• (a) distribute the materials to the unit election officers; and

• (b) display the list in one or more conspicuous places or make it otherwise accessible to electors in their unit.

Marginal note:Duties of unit election officer

210 During the voting period, a unit election officer shall

• (a) display the voting instructions provided by the Chief Electoral Officer in relation to the vote under this Division in conspicuous places at each polling station or make them otherwise accessible to electors; and

• (b) keep available for consultation by the electors the text of this Part, the election materials necessary for determining in which electoral district an elector is entitled to vote and the list of candidates.

Marginal note:Representative of registered party

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

Marginal note:Elector to give name, etc.

• 211.1 (1) Each elector, on arriving at the polling station, shall give his or her name and service number and the address of his or her place of ordinary residence to the unit election officer and, on request, to a representative of a registered party.

• Marginal note:Alternative address

  (2) For the purpose of subsection (1), if an alternative address is indicated on the list of electors under section 204.1 in respect of the elector, the elector may provide that alternative address.

• Marginal note:Proof of identity

  (3) If the unit election officer determines that the elector’s name, service number and address appear on the list of electors, then the elector shall provide the officer with the following proof of the elector’s identity:

  • (a) one piece of identification issued by the Canadian Forces that contains a photograph of the elector and his or her name and service number; or

  • (b) two pieces of identification of a type authorized under section 211.3 each of which establishes the elector’s name and at least one of which establishes his or her service number.

• Marginal note:Examination of identification documents

  (4) A representative of a registered party may examine, but not handle, any piece of identification presented under this section.

• Marginal note:Name crossed off the list

  (5) If the unit election officer is satisfied that an elector’s identity has been proven in accordance with this section, the elector’s name shall be crossed off the list of electors.

Marginal note:Application for registration and special ballot

• 211.2 (1) An elector whose name does not appear on the list of electors or whose address on the list does not correspond with the elector’s place of ordinary residence may complete an application for registration and special ballot and provide the unit election officer with the following proof of the elector’s identity:

  • (a) one piece of identification issued by the Canadian Forces that contains a photograph of the elector and his or her name and service number; or

  • (b) two pieces of identification of a type authorized under section 211.3 each of which establishes the elector’s name and at least one of which establishes his or her service number.

• Marginal note:Content of application

  (2) An application for registration and special ballot shall be in the prescribed form and shall include the following information relating to each elector:

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

  • (b) his or her date of birth;

  • (c) his or her service number;

  • (d) the civic address and mailing address of his or her place of ordinary residence;

  • (e) his or her current mailing address; and

  • (f) any other information that the Chief Electoral Officer considers necessary to determine the electoral district in which he or she is entitled to vote.

• Marginal note:Alternative addresses

  (3) For the purpose of maintaining operational security or out of a reasonable apprehension of bodily harm if he or she were to indicate the addresses referred to in paragraph 2(d), the elector may apply to the elector’s commanding officer to use another address for that purpose. The commanding officer, unless he or she considers that it would not be in the public interest to do so, shall grant the application and provide the elector with the alternative address that is to be used on the application for registration and special ballot.

• Marginal note:Optional information

  (4) In addition to the information specified in subsection (2), 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, but the elector is not required to provide that information.

• Marginal note:Examination of identification documents

  (5) A representative of a registered party may examine, but not handle, any piece of identification presented under this section.

• Marginal note:Acceptance of the application

  (6) If the unit election officer is satisfied that an elector’s identity has been proven in accordance with this section, the unit election officer shall accept the application for registration and special ballot.

• Marginal note:Application of subsections 204.1(3) and (4)

  (7) If an alternative address is used in accordance with subsection (3), subsections 204.1(3) and (4) apply with any necessary modifications.

Marginal note:Authorized types of identification

211.3 The Chief Electoral Officer may authorize types of identification, in consultation with the coordinating officer, for the purposes of paragraphs 211.1(3)(b) and 211.2(1)(b). For greater certainty, any document may be authorized, regardless of who issued it.

Marginal note:Declaration of elector

212 The unit election officer shall require the elector whose name has been crossed off the list of electors or whose application for registration and special ballot has been accepted to sign the declaration prescribed by the Chief Electoral Officer.

Marginal note:Voting by unit election officer

215 A unit election officer who is qualified to vote may vote in accordance with this Division.

• Marginal note:Unit election officer for hospitalized electors

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

• Marginal note:Bed-ridden electors

  (3) A unit election officer for electors who are patients in a service hospital or convalescent institution may, if that officer considers it advisable and the officer in charge of the hospital or institution 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 his or her absence from his or her unit during the voting times fixed for the polling stations in that unit because of duty, leave or furlough may apply to a unit election officer of another unit, in accordance with section 211.2, to vote at that officer’s polling station.

Marginal note:Delivery of documents to the commanding officer

• 219 (1) The unit election officer shall deliver to the unit’s commanding officer,

  • (a) at the end of each voting day, if feasible, and no later than the end of the voting period, the outer envelopes containing the marked special ballots, the applications for registration and special ballot that were accepted by the unit election officer and the service number of each elector who received a special ballot; and

  • (b) at the end of the voting period, any spoiled outer envelopes, any spoiled special ballots and any other election documents and election materials in the unit election officer’s possession.

• Marginal note:Delivery of outer envelopes, etc.

  (1.1) On receipt of the outer envelopes and applications for registration and special ballot referred to in paragraph (1)(a), the commanding officer shall deliver them to the special voting rules administrator.

• Marginal note:Provision of information

  (1.2) On receipt of the service numbers referred to in paragraph (1)(a), the commanding officer shall inform the special voting rules administrator, through the liaison officer, of the identity of the electors who received a special ballot.

• Marginal note:Delivery of election documents and election materials

  (2) On receipt of the election documents and election materials referred to in paragraph (1)(b), the commanding officer shall deliver them to the special voting rules administrator with all other election documents and election materials in the commanding officer’s possession.

Marginal note:Informing the returning officer

• 219.1 (1) On being informed under subsection 219(1.2) that an elector has received a special ballot, the special voting rules administrator shall inform the returning officer for the electoral district of the elector’s place of ordinary residence of this.

• Marginal note:Name on list of electors

  (2) When the returning officer is informed under subsection (1) that an elector has received a special ballot, he or she shall

  • (a) if the elector’s name is not already included on a list of electors, enter the elector’s name on the list of electors for the appropriate polling division in that electoral district; and

  • (b) indicate on the list of electors that the elector has received a special ballot.

Electors Resident Outside Canada

elector

elector means an elector who resides outside Canada. (électeur)

register

register means the register referred to in section 222. (registre)

Marginal note:Inclusion in register of electors resident outside Canada

221 An elector may vote under this Division if

• (a) his or her application for registration and special ballot is received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on the 6th day before polling day; and

• (b) his or her name is entered on the register.

Marginal note:Register of electors

222 The Chief Electoral Officer shall maintain a register of electors in which is entered the surname, given names, gender, date of birth, civic address, mailing address and electoral district of each elector who has filed an application for registration and special ballot in order to vote under this Division and who, at any time before making the application, resided in Canada.

Marginal note:Deadline for return of vote

229 The special ballot must be received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on polling day in order to be counted.

Marginal note:Definition of elector

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

Marginal note:Conditions for voting by special ballot

• 232 (1) An elector may vote under this Division if his or her application for registration and special ballot is received by a returning officer in an electoral district or by the special voting rules administrator after the issue of the writs but before 6:00 p.m. on the 6th day before polling day.

• Marginal note:Conditions for voting by special ballot — specified later day

  (2) If, for the purpose of this subsection, the Chief Electoral Officer specifies on his or her Internet site a day that is after the 6th day before polling day but before polling day, an elector may vote under this Division if his or her application for registration and special ballot is received by the returning officer in the elector’s electoral district or by the special voting rules administrator after the issue of the writs but before 6:00 p.m. on the specified day.

• Marginal note:Restriction

  (3) The Chief Electoral Officer may specify a day for the purpose of subsection (2) only if he or she considers that the integrity of the vote will not be affected if applications for registration and special ballots are received after 6:00 p.m. on the 6th day before polling day.

Marginal note:List of electors

236 Once an elector’s application for registration and special ballot has been accepted by the returning officer or special voting rules administrator, he or she shall ensure, in accordance with the Chief Election Officer’s instructions,

• (a) that the elector’s name is entered on the list of electors for the polling division of the elector’s place of ordinary residence, if it is not already included on a list of electors; and

• (b) that there is an indication on the list of electors that the elector has received a special ballot.

Marginal note:Provision of ballot

• 237 (1) Subject to subsection (2) and section 237.1, on acceptance of an elector’s application for registration and special ballot, the elector shall be provided with a special ballot.

• Marginal note:Provision of ballot and envelopes

  (2) If section 241 applies, then, 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 by special ballot

238 An elector who has been provided with a special ballot may vote only by following the procedure set out in subsections 227(2) and (3).

Marginal note:Receipt of special ballot — application made outside electoral district

• 239 (1) In order to have their special ballot counted, an elector whose application for registration and special ballot was accepted by the special voting rules administrator or by a returning officer outside the elector’s electoral district shall ensure that the special ballot is received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on polling day. The special ballot shall be transmitted by

  • (a) sending the sealed outer envelope to the special voting rules administrator by mail or any other means; or

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

• Marginal note:Receipt of special ballot — application made in electoral district

  (2) In order to have their special ballot counted, an elector whose application for registration and special ballot was accepted by the returning officer in the elector’s electoral district shall ensure that the ballot is received at the office of that returning officer before the close of the polling stations on polling day.

• Marginal note:Vote counted

  (3) Despite subsection (2), a special ballot referred to in that subsection that is received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on polling day shall be counted.

Marginal note:No marking

241.1 If, under section 241, an elector is given a ballot that is not a special ballot, no marking shall be placed on the back of the ballot in the space otherwise indicated in Form 3 of Schedule 1 for a polling division number.

Marginal note:Assistance by friend or related person

• 243.01 (1) If an elector requires assistance to vote, one of the following persons may accompany the elector into the voting compartment at the office of the returning officer and assist the elector to mark his or her ballot:

  • (a) a friend of the elector;

  • (b) the elector’s spouse or common-law partner; or

  • (c) a relative of the elector or of the elector’s spouse or common-law partner.

• Marginal note:Solemn declaration

  (2) A person described in subsection (1) who wishes to assist an elector in marking a ballot shall first make a solemn declaration in the prescribed form that he or she

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

  • (b) will not disclose the name of the candidate for whom the elector voted;

  • (c) will not try to influence the elector in choosing a candidate; and

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

Marginal note:Non-application

244.1 This Division does not apply to an elector who is incarcerated in a place designated under subsection 205(1) of the National Defence Act.

Marginal note:Entitlement to vote

• 245 (1) Every elector is entitled to vote under this Division on the 12th day before polling day.

Marginal note:Designation of coordinating officers

246 The federal and provincial ministers responsible for correctional institutions 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.

• Marginal note:Duty to cooperate

  (2) During the election 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, including by informing the Chief Electoral Officer of the identity of the electors who received a special ballot.

• Marginal note:Voting hours

  (2) The polling stations shall be open on the 12th 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 12th 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:Duties of election officer

254 On the day on which the electors cast their ballots, at each polling station an election officer who is assigned to the polling station shall

Marginal note:Representative of registered party

256 With the prior authorization of correctional authorities, a Canadian citizen may represent a registered party during the taking of the votes at a correctional institution if he or she provides an election officer who is assigned to a polling station at the correctional institution with an authorization in the prescribed form signed by a candidate for that party, or a copy of one.

Marginal note:Delivery of documents after the vote

260 Without delay after the votes have been cast at a correctional institution, an election officer who is assigned to the polling station shall deliver to the liaison officer for the institution

Marginal note:Deadline for return of election material

261 Every liaison officer shall ensure that the election material referred to in section 260 is received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on polling day.

• (b) all other documents and election materials received from commanding officers and election officers;

• (c) the solemn declarations made under subsection 23(1); and

Marginal note:Notification to candidates

273 The returning officer shall, as soon as possible, notify the candidates of the names of the election officers who he or she assigns to verify the declarations referred to in paragraph 227(2)(c) and to count the special ballots issued to electors in his or her electoral district and received at his or her office.

Marginal note:Candidate present at counting

274 A candidate or his or her representative may be present for the verification of the declarations referred to in paragraph 227(2)(c) and the counting of ballots received at the returning officer’s office.

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 an election officer referred to in section 273.

Marginal note:Counting of inner envelopes

• 278 (1) The election officers referred to in section 273 shall count all inner envelopes that have not been set aside.

• Marginal note:Inner envelopes

  (2) They shall put all the inner envelopes that have not been set aside in a ballot box provided by the returning officer.

• Marginal note:Counting the votes

  (3) After the close of the polling stations, one of the election officers shall open the ballot box and, together with another of the election officers, shall open the inner envelopes and count the votes.

PART 11.1Prohibitions in Relation to Voting

Marginal note:Application

281 The provisions of this Part apply inside and outside Canada.

Marginal note:Chief Electoral Officer

281.1 The Chief Electoral Officer shall not vote at an election.

Marginal note:Inducing Chief Electoral Officer to vote

281.2 No person shall induce or attempt to induce the Chief Electoral Officer to vote at an election knowing that it is the Chief Electoral Officer whom he or she is inducing or attempting to induce to vote and that the Chief Electoral Officer is prohibited from voting.

Marginal note:Not qualified as elector

281.3 No person shall

• (a) vote or attempt to vote at an election knowing that he or she

  • (i) is not a Canadian citizen when he or she votes, or

  • (ii) is not 18 years of age or older — or will not be 18 years of age or older — on polling day; or

• (b) induce or attempt to induce another person to vote at an election knowing that the other person

  • (i) is not a Canadian citizen — or will not be a Canadian citizen — when he or she votes, or

  • (ii) is not 18 years of age or older — or will not be 18 years of age or older — on polling day.

Marginal note:Not ordinarily resident in electoral district

281.4 No person shall

• (a) vote or attempt to vote at an election in a particular electoral district knowing that his or her place of ordinary residence is not in that electoral district; or

• (b) induce or attempt to induce another person to vote at an election in a particular electoral district knowing that the other person’s place of ordinary residence is not in that electoral district.

Marginal note:Voting more than once — general election

• 281.5 (1) No person who has voted in a general election shall vote again, or attempt to vote again, in that general election.

• Marginal note:Voting more than once — by-election

  (2) No person who has voted in a by-election shall vote again, or attempt to vote again, at that by-election or at any other by-election that is held on the same day.

Marginal note:Secrecy of the vote

• 281.6 (1) Every person present at a polling station or at the counting of the votes shall maintain the secrecy of the vote.

• Marginal note:Attempting to obtain information about elector’s vote

  (2) Except as provided by this Act, no person shall, in a polling station, attempt to obtain any information as to the candidate for whom any elector is about to vote or has voted.

• Marginal note:Secrecy at the poll

  (3) Except as provided by this Act, no person shall

  • (a) on entering the polling station and before receiving a ballot or special ballot, openly declare for whom he or she intends to vote;

  • (b) while in the polling station, show his or her ballot or special ballot, when marked, so as to allow the name of the candidate for whom he or she has voted to be seen; or

  • (c) before leaving the polling station, openly declare for whom he or she has voted.

• Marginal note:Secrecy — marked ballot

  (4) No person who has seen a ballot or special ballot that has been marked by an elector shall disclose information as to how it was marked unless he or she is the elector who marked it or he or she has been authorized to make the disclosure by the elector who marked it.

• Marginal note:Secrecy — counting of the votes

  (5) No person shall, at the counting of the votes, attempt to obtain information or communicate information obtained at the counting as to the candidate for whom a vote is given in a particular ballot or special ballot.

Marginal note:Ballots

• 281.7 (1) No person shall

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

  • (b) vote using a forged ballot or forged special ballot;

  • (c) request or apply for a ballot or special ballot to which he or she is not entitled;

  • (d) provide a ballot or special ballot to any person when not authorized under this Act to do so;

  • (e) have a ballot or special ballot in his or her possession when not authorized under this Act to do so;

  • (f) alter, deface or destroy a ballot, the initials of the election officer that are signed on a ballot or the number of the polling division or advance polling district that is marked on a ballot;

  • (g) put or cause to be put into a ballot box a ballot, special ballot or other paper otherwise than as provided by this Act or by instructions of the Chief Electoral Officer;

  • (h) take a ballot out of the polling station or the office of the returning officer otherwise than as provided by this Act or by instructions of the Chief Electoral Officer; or

  • (i) destroy, take, open or otherwise interfere with a ballot box or book or packet of ballots or special ballots otherwise than as provided by this Act or by instructions of the Chief Electoral Officer.

• Marginal note:Ballots — election officer

  (2) No election 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 an election; or

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

• Marginal note:Special ballots — unit election officer

  (3) No unit election officer shall place on a special ballot any writing, number or mark with intent that the elector to whom the special ballot is to be given, or has been given, can be identified.

Marginal note:Photograph, video or copy of marked ballot

• 281.8 (1) No person shall

  • (a) take a photograph or make a video recording of a ballot or special ballot that has been marked, at an election, by an elector;

  • (b) make a copy, in any manner, of any ballot or special ballot that has been marked, at an election, by an elector; or

  • (c) distribute or show, in any manner, to one or more persons, a photograph, video recording or copy of a ballot or special ballot that has been marked, at an election, by an elector.

• Marginal note:Exception — persons with visual impairment

  (2) Subsection (1) does not apply to any person with a visual impairment who takes a photograph or makes a video recording or copy of a ballot or special ballot that he or she has marked for the purpose of verifying the accuracy of their marking.

• Marginal note:Exception — legal proceedings

  (3) Subsection (1) does not apply to a person who does anything referred to in that subsection for the purpose of a recount under Part 14 or for the purpose of any other legal proceeding.

Marginal note:False statement

281.9 No person shall

• (a) make a false statement in an application for registration and special ballot; or

• (b) make a false statement in a declaration signed by him or her before an election officer or unit election officer.

Marginal note:Person who assists elector — limit

• 282 (1) At an election, no person shall, as a friend, assist under section 155 or 243.01, more than one elector for the purpose of marking a ballot.

• Marginal note:Person who assists elector — secrecy

  (2) No person who assists an elector under section 155 or 243.01 shall, directly or indirectly, disclose the name of the candidate for whom the elector voted or that candidate’s political affiliation.

Marginal note:Vouching for more than one person

• 282.1 (1) No person shall vouch for more than one person at an election, except in the cases referred to in subsections 143(3.01), 161(2) and 169(2.01).

• Marginal note:Voucher not qualified as elector, etc.

  (2) No person shall vouch for another person if

  • (a) the person who vouches is not qualified as an elector;

  • (b) the person who vouches does not personally know the other person; or

  • (c) the person who vouches does not reside in a polling division assigned to the same polling station as the polling division in which the other person resides or, in the cases referred to in subsections 143(3.01), 161(2) and 169(2.01), in a polling division in the other person’s electoral district or an adjacent electoral district.

• Marginal note:Vouchee acting as voucher

  (3) No person who has been vouched for at an election shall vouch for another person at that election.

Marginal note:Influencing electors

282.2 No person shall, in a polling station or in any place where voting at an election is taking place, influence or attempt to influence electors to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the election.

Marginal note:Influencing electors — election officers and staff of returning officers

282.3 Subject to section 141, no election officer, unit election officer or member of the staff of a returning officer shall, while exercising their powers or performing their duties, influence or attempt to influence an elector to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election.

Marginal note:Undue influence by foreigners

• 282.4 (1) No person or entity referred to in any of paragraphs (a) to (e) shall, during an election period, unduly influence an elector to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the election:

  • (a) an individual who is not a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act and who does not reside in Canada;

  • (b) a corporation or entity incorporated, formed or otherwise organized outside Canada that does not carry on business in Canada or whose primary purpose in Canada during an election period is to influence electors during that period to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the election;

  • (c) a trade union that does not hold bargaining rights for employees in Canada;

  • (d) a foreign political party; or

  • (e) a foreign government or an agent or mandatary of a foreign government.

• Marginal note:Meaning of unduly influencing

  (2) For the purposes of subsection (1), a person or entity unduly influences an elector to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election if

  • (a) they knowingly incur any expense to directly promote or oppose a candidate in that election, a registered party that has endorsed a candidate in that election or the leader of such a registered party;

  • (b) one of the things done by them to influence the elector is an offence under an Act of Parliament or a regulation made under any such Act, or under an Act of the legislature of a province or a regulation made under any such Act.

• Marginal note:Exceptions

  (3) For greater certainty, subsection (1) does not apply if the only thing done by the person or entity to influence the elector to vote or refrain from voting, or to vote or refrain from voting for the particular candidate or registered party, consists of

  • (a) an expression of their opinion about the outcome or desired outcome of the election;

  • (b) a statement by them that encourages the elector to vote or refrain from voting for any candidate or registered party in the election; or

  • (c) the transmission to the public through broadcasting, or through electronic or print media, of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news, regardless of the expense incurred in doing so, if no contravention of subsection 330(1) or (2) is involved in the transmission.

• Marginal note:Collusion

  (4) No person or entity shall act in collusion with a person or entity to whom subsection (1) applies for the purpose of contravening that subsection.

• Marginal note:Selling advertising space

  (5) No person or entity shall sell any advertising space to a person or entity to whom subsection (1) applies for the purpose of enabling that person or entity to transmit an election advertising message or to cause an election advertising message to be transmitted.

Marginal note:Interfering with marking of ballot

282.5 No person shall interfere with, or attempt to interfere with, an elector who is marking a ballot or special ballot.

Marginal note:Preventing elector from voting

282.6 No person shall prevent or attempt to prevent an elector from voting at an election.

Marginal note:Offering bribe

• 282.7 (1) No person shall, during an election period, directly or indirectly, offer a bribe to influence an elector to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the election.

• Marginal note:Accepting bribe

  (2) No person shall, during an election period, accept or agree to accept a bribe that is offered to them to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the election.

Marginal note:Intimidation, etc.

282.8 No person shall

• (a) by intimidation or duress, compel or attempt to compel a person to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election; or

• (b) by any pretence or contrivance, including by representing that the ballot or special ballot or the manner of voting at an election is not secret, influence or attempt to influence a person to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election.

Marginal note:Ballots not initialled by election officer

285 If the election officer who counts the votes determines that a ballot has not been initialed by an election officer, he or she shall, in the presence of the election officer referred to in paragraph 283(1)(a) and witnesses, initial and count the ballot if satisfied that 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) One of the election officers referred to in subsection 283(1) shall make a record, in the prescribed form, of every objection to a ballot made by a candidate or candidate’s representative, give a number to the objection, write that number on the ballot and initial it.

• Marginal note:Decision of election officer

  (2) Every question that is raised by the objection shall be decided by the election officer who counts the votes, and the decision is subject to reversal only on a recount or on application under subsection 524(1).

Marginal note:Solemn declarations

288.01 One of the election officers referred to in subsection 283(1) shall place the form for each solemn declaration made under subsection 143(3) or paragraph 161(1)(b) or 169(2)(b) in an envelope supplied for the purpose.

Marginal note:Periodic statements of electors who voted

288.1 One of the election officers referred to in subsection 283(1) shall place a copy of each document prepared for the purpose of paragraph 162(i.1) in an envelope supplied for the purpose.

Marginal note:Sending ballot boxes and envelopes to returning officer

290 An election officer who is assigned to a polling station or an advance polling station shall, without delay after sealing the ballot box, send to the returning officer the box, with the envelope that contains the original statement of the vote, the envelope that contains the registration certificates, the envelope referred to in section 288.01 and, in the case of an election officer who is assigned to a polling station, the envelope referred to in section 288.1.

Marginal note:List of persons who made solemn declaration

292.1 A returning officer, on the receipt of each envelope referred to in section 288.01, shall create a list of the names of all persons who made a solemn declaration under subsection 143(3) or paragraph 161(1)(b) or 169(2)(b) and shall include in the list the address of each of those persons.

• (b) for ascertaining the total number of votes under paragraph (a), may summon any election officer 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 question the election officer or other person respecting the matter in question and, if necessary, ask them to make a solemn declaration in respect of the matter.

• (c) return to the returning officer the election documents or election materials brought under subsection 300(4) or 301(4) for the purpose of the recount; and

• (d) deliver to the returning officer the reports created in the course of the recount.

Marginal note:Blackout period

• 323 (1) No person shall transmit election advertising to the public in an electoral district on polling day before the close of all of the polling stations in the electoral district.

Online Platforms

Marginal note:Online platforms that are subject to requirements

• 325.1 (1) This section and section 325.2 apply to any online platform that, in the 12 months before the first day of the pre-election period, in the case of the publication on the platform of a partisan advertising message, or the 12 months before the first day of the election period, in the case of the publication on the platform of an election advertising message, was visited or used by Internet users in Canada an average of at least the following numbers of times per month:

  • (a) 3,000,000 times, if the content of the online platform is available mainly in English;

  • (b) 1,000,000 times, if the content of the online platform is available mainly in French; or

  • (c) 100,000 times, if the content of the online platform is available mainly in a language other than English or French.

• Marginal note:Registry of partisan advertising messages and election advertising messages

  (2) The owner or operator of an online platform that sells, directly or indirectly, advertising space to the following persons and groups shall publish on the platform a registry of the persons’ and groups’ partisan advertising messages and election advertising messages published on the platform during that period:

  • (a) a registered party or eligible party;

  • (b) a registered association;

  • (c) a nomination contestant;

  • (d) a potential candidate or a candidate; or

  • (e) a third party that is required to register under subsection 349.6(1) or 353(1).

• Marginal note:Information to be included in registry

  (3) The registry referred to in subsection (2) shall include the following:

  • (a) an electronic copy of each partisan advertising message and each election advertising message published on the platform; and

  • (b) for each advertising message referred to in paragraph (a), the name of the person who authorized the advertising message’s publication on the platform, namely

    • (i) a registered agent of the registered party or eligible party, in the case of an advertising message whose publication was requested by a registered party or eligible party,

    • (ii) the financial agent of the registered association, in the case of an advertising message whose publication was requested by a registered association,

    • (iii) the financial agent of the nomination contestant, in the case of an advertising message whose publication was requested by a nomination contestant,

    • (iv) the official agent of the potential candidate or candidate, in the case of an advertising message whose publication was requested by a potential candidate or a candidate, and

    • (v) the financial agent of the registered third party, in the case of an advertising message whose publication was requested by a registered third party.

• Marginal note:Publication period of registry

  (4) The owner or operator of the online platform shall publish in the registry referred to in subsection (2) the information referred to in subsection (3) for each partisan advertising message and each election advertising message during the following periods:

  • (a) in the case of a partisan advertising message, during the period that begins on the day on which the online platform first publishes the advertising message and ends two years after

    • (i) the end of the election period of the general election immediately following the pre-election period, or

    • (ii) the day referred to in paragraph (b) of the definition pre-election period if there is no general election immediately following the pre-election period; and

  • (b) in the case of an election advertising message, during the period that begins on the first day on which the online platform publishes such an advertising message and ends two years after the end of the election period.

• Marginal note:Information to be kept after publication period

  (5) The owner or operator of the online platform shall keep the information that was included in the registry referred to in subsection (2) in respect of each partisan advertising message and each election advertising message for five years after the end of the applicable publication period referred to in subsection (4).

Marginal note:Information to be provided by advertiser

325.2 A person or group referred to in any of paragraphs 325.1(2)(a) to (e) that requests the publication of a partisan advertising message or election advertising message on an online platform shall provide the owner or operator of the platform with all the information in the person’s or group’s control that the owner or operator needs in order to comply with subsection 325.1(2).

Election Surveys

Marginal note:Prohibition — causing transmission of election survey results during blackout period

• 328 (1) No person shall 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 an election survey that have not previously been transmitted to the public.

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 to vote or refrain from voting for a particular candidate or registered party, at an election, use a broadcasting station outside Canada, or aid, abet, counsel or procure the use of a broadcasting station outside Canada, during an election period, for the broadcasting of any matter having reference to an election.

• Marginal note:Exception

  (1.1) Subsection (1) does not apply in respect of any matter that is broadcast if the broadcasting signals originated in Canada.

Marginal note:Publication

• 348.12 (1) As soon as feasible but no later than 30 days after polling day, the Canadian Radio-television and Telecommunications Commission shall, in the manner that it considers appropriate, publish the registration notices relating to the election that have been filed with it.

• Marginal note:Clarification

  (2) Nothing in subsection (1) precludes the Canadian Radio-television and Telecommunications Commission from publishing, before polling day, any registration notice filed with it or any information related to any incomplete registration notice that is filed with it.

Scripts, Recordings and Lists of Telephone Numbers

• (c) a list of every telephone number called under the agreement during the election period.

• (c) a list of every telephone number called under the agreement during the election period.

Marginal note:Person or group — internal services

348.18 If, during an election period, a person or group uses their internal services to make calls by means of an automatic dialing-announcing device for any purpose relating to the election, including a purpose referred to in any of paragraphs (a) to (e) of the definition voter contact calling services in section 348.01, the person or group shall keep, for one year after the end of the election period,

• (a) a recording of each unique message conveyed by the device and a record of every date on which it was so conveyed; and

• (b) a list of every telephone number called for that purpose during the election period.

Marginal note:Third party that is corporation or group — internal services

348.19 If, during an election period, a third party that is a corporation or group uses its internal services to make live voice calls for any purpose relating to the election, including a purpose referred to in any of paragraphs (a) to (e) of the definition voter contact calling services in section 348.01, the third party shall, if a script is used, keep, for one year after the end of the election period,

• (a) a copy of each unique script used and a record of every date on which the script was used; and

• (b) a list of every telephone number called for that purpose during the election period.

Third Party Advertising, Partisan Activities and Election Surveys

Interpretation

DIVISION 0.1Prohibition on Use of Foreign Funds by Third Parties

Marginal note:Definitions

• 349.01 (1) The following definitions apply in this Division.

  advertising

  advertising means the transmission to the public by any means of an advertising message that promotes or opposes a registered party or eligible party or the election of a potential candidate, nomination contestant, candidate or leader of a registered party or eligible party, otherwise than by taking a position on an issue with which any such party or person is associated. 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 an election;

  • (c) the transmission of a document by a Senator or a member the expense of which is paid by the Senate or House of Commons;

  • (d) the transmission of a document directly by a person or a group to their members, employees or shareholders, as the case may be;

  • (e) the transmission by an individual, on a non-commercial basis on the Internet, of his or her personal political views; or

  • (f) the making of telephone calls to electors only to encourage them to vote. (publicité)

  foreign entity

  foreign entity includes

  • (a) an individual who is not a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act;

  • (b) a corporation or entity incorporated, formed or otherwise organized outside Canada that does not carry on business in Canada or whose only activity carried on in Canada consists of doing anything to influence electors to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election;

  • (c) a trade union that does not hold bargaining rights for employees in Canada;

  • (d) a foreign political party; or

  • (e) a foreign government or an agent or mandatary of one. (entité étrangère)

• Marginal note:Definition of advertising

  (2) For the purposes of the definition advertising, promoting or opposing includes

  • (a) in relation to a registered party or eligible party,

    • (i) naming it,

    • (ii) identifying it, including by its logo, and

    • (iii) providing a link to an Internet page that does anything referred to in subparagraphs (i) and (ii); and

  • (b) in relation to the election of a potential candidate, nomination contestant, candidate or leader of a registered party or eligible party,

    • (i) naming him or her,

    • (ii) showing a photograph, cartoon or drawing of him or her,

    • (iii) identifying him or her, including by political affiliation or by any logo that he or she has, and

    • (iv) providing a link to an Internet page that does anything referred to in subparagraphs (i) to (iii).