Elections Modernization Act (S.C. 2018, c. 31)
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Assented to 2018-12-13
2000, c. 9Canada Elections Act (continued)
149 Sections 218 and 219 of the Act are replaced by the following:
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.
150 The heading of Division 3 of Part 11 of the Act is replaced by the following:
Electors Resident Outside Canada
151 The definitions elector and register in section 220 of the Act are replaced by the following:
- elector
elector means an elector who resides outside Canada. (électeur)
- register
register means the register referred to in section 222. (registre)
Marginal note:2003, c. 22, s. 103
152 Sections 221 and 222 of the Act are replaced by the following:
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.
153 (1) Paragraph 223(1)(b) of the Act is repealed.
Marginal note:2000, c. 12, par. 40(2)(g)
(2) Paragraphs 223(1)(d) to (f) of the Act are replaced by the following:
(e) the address of the elector’s place of ordinary residence;
154 Section 226 of the Act is amended by adding “or” at the end of paragraph (d), by striking out “or” at the end of paragraph (e) and by repealing paragraph (f).
155 (1) Subsection 227(1) of the Act is replaced by the following:
Marginal note:Special ballot
227 (1) After approving an application for registration and special ballot and after the issue of the writs, the Chief Electoral Officer shall provide a special ballot to every elector whose name is entered in the register.
(2) Paragraph 227(2)(b) of the English version of the Act is replaced by the following:
(b) placing the ballot in an inner envelope and sealing it;
(3) Paragraphs 227(2)(c) and (d) of the Act are replaced by the following:
(c) signing the declaration prescribed by the Chief Electoral Officer; and
(d) placing the inner envelope and the declaration — if it is not on the outer envelope — in the outer envelope and sealing it.
156 Section 229 of the Act is replaced by the following:
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.
157 Sections 231 and 232 of the Act are replaced by the following:
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.
158 (1) Paragraph 233(1)(a) of the English version of the Act is replaced by the following:
(a) the elector’s name and the address of his or her place of ordinary residence;
(2) Subsection 233(1.1) of the Act is replaced by the following:
Marginal note:Electors in danger
(1.1) An elector who would be under reasonable apprehension of bodily harm if he or she were to indicate the address of his or her place of ordinary residence or his or her mailing address for the purpose of paragraph (1)(a) or (d) may apply to the returning officer or special voting rules administrator to use another address for that purpose. The returning officer or special voting rules administrator, unless he or she considers that it would not be in the public interest to do so, shall grant the application and shall not reveal the addresses in respect of which the application is made except as required to send the special ballot to the elector. For greater certainty, the granting of the application does not change the elector’s place of ordinary residence for the purposes of this Act.
Marginal note:2014, c. 12, s. 59
(3) Subsection 233(3) of the Act is repealed.
159 Section 234 of the Act is repealed.
Marginal note:2014, c. 12, s. 60
160 Sections 236 and 237 of the Act are replaced by the following:
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:2014, c. 12, s. 60
161 (1) Subsections 237.1(3.1) and (3.2) of the Act are repealed.
Marginal note:2014, c. 12, s. 60
(2) Paragraph 237.1(4)(b) of the Act is replaced by the following:
(b) sections 143 to 144;
(3) Subsection 237.1(4) of the Act is amended by striking out “and” at the end of paragraph (d) and by adding the following after paragraph (d):
(d.1) subsections 281.6(1) to (4);
(d.2) section 282.2; and
162 Sections 238 and 239 of the Act are replaced by the following:
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.
162.1 The Act is amended by adding the following after section 241:
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.
163 (1) Subsection 242(1) of the Act is replaced by the following:
Marginal note:Spoiled ballot
242 (1) If the ballot or special ballot is incapable of being used, the elector shall return it to the election officer, who shall mark it as a spoiled ballot and give the elector another ballot or special ballot.
(2) Subsection 242(2) of the English version of the Act is replaced by the following:
Marginal note:Limit
(2) An elector shall not be given more than one ballot or special ballot, as the case may be, under subsection (1).
164 (1) The portion of subsection 243(1) of the Act before paragraph (b) is replaced by the following:
Marginal note:Assistance
243 (1) When an elector personally goes to the office of the returning officer and is unable to read or because of a disability is unable to vote in the manner described in this Division, the designated election officer shall assist the elector by
(a) completing the declaration referred to in paragraph 227(2)(c) and writing the elector’s name where the elector’s signature is to be written; and
(2) Paragraph 243(1)(b) of the English version of the Act is replaced by the following:
(b) marking the ballot as directed by the elector in the elector’s presence.
(3) Subsection 243(2) of the Act is replaced by the following:
Marginal note:Note on declaration
(2) An election officer who assists an elector under subsection (1) shall indicate, by signing the note on the declaration, that the elector was assisted.
165 The Act is amended by adding the following after section 243:
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.
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