Elections Modernization Act (S.C. 2018, c. 31)
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Assented to 2018-12-13
2000, c. 9Canada Elections Act (continued)
Marginal note:2007, c. 21, s. 21; 2014, c. 12, s. 47
94 Sections 143.1 and 144 of the Act are replaced by the following:
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:2007, c. 21, s. 22; 2014, c. 12, ss. 48 and 49
95 Sections 146 to 148.1 of the Act are replaced by the following:
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.
Marginal note:2007, c. 21, ss. 23(1)(E), (2) and (3)(E)
96 Paragraphs 149(a) to (c) of the Act are replaced by the following:
(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).
97 Section 150 of the Act is replaced by the following:
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.
98 (1) Paragraph 151(1)(c) of the Act is replaced by the following:
(c) fold the ballot as instructed by the election officer; and
(2) Paragraph 151(1)(d) of the English version of the Act is replaced by the following:
(d) return the ballot to the election officer who provided it.
(3) The portion of subsection 151(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Return of ballot
(2) The election officer shall, on receiving the ballot from the elector,
99 Subsection 152(1) of the Act is replaced by the following:
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.
100 Section 154 of the Act is replaced by the following:
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:2000, c. 12, par. 40(2)(c)
101 (1) Subsection 155(1) of the English version of the Act is replaced by the following:
Marginal note:Assistance by friend or related person
155 (1) If an elector requires assistance to vote, one of the following persons may accompany the elector into the voting compartment 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.
(2) Subsection 155(2) of the Act is repealed.
Marginal note:2000, c. 12, par. 40(2)(d)
(3) The portion of subsection 155(3) of the Act before paragraph (a) is replaced by the following:
Marginal note:Solemn declaration
(3) 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
Marginal note:2000, c. 12, par. 40(2)(d)
(4) Paragraphs 155(3)(a) to (d) of the French version of the Act are replaced by the following:
a) marquera le bulletin de vote conformément aux instructions de l’électeur;
b) ne divulguera pas le vote de l’électeur;
c) ne tentera pas d’exercer une influence sur celui-ci dans son choix;
d) n’a pas déjà aidé, lors de l’élection en cours, une autre personne, à titre d’ami, à voter.
Marginal note:2000, c. 12, par. 40(2)(d)
(5) Subsection 155(4) of the Act is repealed.
102 Section 156 of the Act is replaced by the following:
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.
103 (1) The portion of subsection 157(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Elector who is confined to bed
157 (1) At a polling station that has been established in an institution for seniors or persons with a disability, when an election officer who is assigned to the polling station considers it necessary, the election officer shall
(1.1) Paragraph 157(1)(b) of the French version of the Act is replaced by the following:
b) avec l’approbation du responsable de l’établissement, transporter l’urne, les bulletins de vote et les autres documents électoraux nécessaires de chambre en chambre, en vue de recueillir les votes des électeurs alités qui résident habituellement dans la section de vote où se trouve l’établissement.
(2) Subsection 157(2) of the Act is replaced by the following:
Marginal note:Procedure for taking the votes
(2) When the vote of an elector who is confined to bed is taken, an election officer assigned to the polling station shall give the elector the assistance necessary to enable the elector to vote, and not more than one representative of each candidate may be present.
104 Subsections 158(2) and (3) of the Act are replaced by the following:
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:2007, c. 21, s. 25
105 Section 159 of the Act is replaced by the following:
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.
106 (1) The portion of section 160 of the Act before paragraph (a) is replaced by the following:
Marginal note:Signing, numbering and recording transfer certificate
160 The election officer who issues a transfer certificate shall
(2) Paragraph 160(e) of the Act is replaced by the following:
(e) if possible, send a copy of the certificate to an election officer who is assigned to the polling station on whose list of electors appears the name of the person to whom the certificate has been issued.
Marginal note:2007, c. 21, s. 26(1); 2014, c. 12, s. 50(1)(F)
107 (1) The portion of subsection 161(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Registration in person
161 (1) An elector whose name is not on the list of electors may register in person on polling day before an election officer if the elector
Marginal note:2014, c. 12, s. 50(1.1)
(2) Paragraph 161(1)(a) of the French version of the Act is replaced by the following:
a) soit en présentant la pièce visée à l’alinéa 143(2)a) sur laquelle figure une adresse qui établit sa résidence ou les pièces visées à l’alinéa 143(2)b) dont au moins une porte une telle adresse;
Marginal note:2014, c. 12, s. 50(1.1)
(3) Paragraph 161(1)(b) of the Act is replaced by the following:
(b) proves his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing and is accompanied by another elector whose name appears on the list of electors for the same polling station and who
(i) provides the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing either an address that proves that other elector’s residence or an address that is consistent with information related to that other elector that appears on the list of electors, and
(ii) vouches for the elector by making the solemn declaration referred to in subsection 549.1(2) in writing.
(4) Subsections 161(2) and (3) of the Act are replaced by the following:
Marginal note:Vouching for electors in long-term care institution
(2) If an elector who resides in an institution for seniors or persons with a disability wishes to prove his or her identity and residence under subsection (1), the other elector referred to in paragraph (1)(b) who accompanies him or her may be an employee of the institution who resides — despite that paragraph — in any polling division in the elector’s electoral district or an adjacent electoral district.
Marginal note:Definition of employee
(2.1) In subsection (2), employee includes an owner of the institution and any person who occupies a management position at the institution.
Marginal note:Representative of each candidate
(3) The election officer shall permit each candidate, or one representative of each candidate, in the electoral district to be present when an elector is being registered.
Marginal note:2014, c. 12, s. 50(3)
(5) Subsection 161(4) of the Act is replaced by the following:
Marginal note:Registration certificate
(4) If the elector satisfies the requirements of subsection (1), the election officer shall complete a registration certificate in the prescribed form authorizing the elector to vote and the elector shall sign it. The registration certificate shall include a solemn declaration made by the elector that he or she is qualified as an elector under section 3.
Marginal note:2014, c. 12, s. 50(5)
(6) Subsections 161(6) and (7) of the Act are repealed.
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