Elections Modernization Act (S.C. 2018, c. 31)

Marginal note:2014, c. 12, s. 51

108 Section 161.1 of the Act is replaced by the following:

109 The heading before section 162 of the Act is replaced by the following:

• 110 (1) The portion of section 162 of the Act before paragraph (b) is replaced by the following:

  Marginal note:Duties

  162 An election officer assigned to a polling station — and not necessarily the same election officer for all of the following — shall

  • (a) make, on the prescribed form, the entries required under this Act;

• (2) Paragraph 162(d) of the Act is repealed.

• Marginal note:2007, c. 21, s. 28

  (3) Paragraphs 162(f) and (g) of the Act are replaced by the following:

  • (f) indicate, if applicable, on the prescribed form that the elector has made a solemn declaration and the type of solemn declaration;

  • (g) indicate, if applicable, on the prescribed form that the elector refused to comply with a legal requirement to provide the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, or to make a solemn declaration;

• Marginal note:2007, c. 21, s. 28

  (4) Paragraph 162(i) of the Act is replaced by the following:

  • (i) indicate, if applicable, on the prescribed form that an elector has voted in the circumstances described in section 147, that the solemn declaration referred to in subsection 549.1(1) has been made or that any other solemn declaration that was required to be made was made, note any objection that was made on behalf of any of the candidates and indicate the candidate’s name;

111 Section 164 of the Act is replaced by the following:

Marginal note:2014, c. 12, s. 53

112 Section 164.1 of the Act is replaced by the following:

113 Subsection 166(1) of the Act is amended by adding “and” at the end of paragraph (a), by striking out “and” at the end of paragraph (b) and by repealing paragraph (c).

114 Section 167 of the Act is repealed.

• 115 (1) Subsection 168(4) of the Act is replaced by the following:

  • Marginal note:Combining advance polling districts

    (4) When a request is made to a returning officer not later than four days after the issue of the writ, the returning officer may, with the prior approval of the Chief Electoral Officer, combine two advance polling districts into one district.

• (2) Subsection 168(5) of the French version of the Act is replaced by the following:

  • Marginal note:Demande de modification de l’emplacement d’un bureau de vote par anticipation

    (5) Si une demande de modification de l’emplacement d’un bureau de vote par anticipation est présentée au directeur du scrutin au plus tard quatre jours après la délivrance du bref, celui-ci peut, avec l’agrément préalable du directeur général des élections, prendre des dispositions en vue de changer le bureau de place.

• (3) Subsections 168(6) and (7) of the Act are replaced by the following:

  • Marginal note:Accessibility

    (6) An advance polling station shall be in premises that are accessible to electors with a disability.

  • Marginal note:Exception

    (7) If a returning officer is unable to secure suitable premises for an advance 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 advance polling station in premises that are not accessible to such electors.

  • Marginal note:Advance polling station in more than one premises

    (8) If the returning officer is of the opinion that an advance polling district consists of or includes remote, isolated or low-density communities, the returning officer may, with the prior approval of the Chief Electoral Officer and in accordance with the Chief Electoral Officer’s instructions, establish the advance polling station for that district in premises in more than one such community, and have the election officers who are assigned to the advance polling station — along with the ballot box, ballots and other necessary election documents — be at given ones of those premises on different days of advance polling to take electors’ votes. For greater certainty, subsections (5) to (7) apply to the advance polling station.

116 The Act is amended by adding the following after section 168:

• 117 (1) Subsection 169(1) of the Act is replaced by the following:

  Marginal note:Registration at advance polling station

  • 169 (1) Every elector whose name is not on the revised list of electors may register in person, at the advance polling station where the elector is entitled to vote, before an election officer who is assigned to that advance polling station.

• Marginal note:2007, c. 21, s. 30(1); 2014, c. 12, s. 54(1)(F) and (1.1)

  (2) The portion of subsection 169(2) of the French version of the Act before paragraph (b) is replaced by the following:

  • Marginal note:Conditions

    (2) Il ne peut toutefois être inscrit que s’il établit son identité et sa résidence :

    • 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. 54(1.1)

  (3) Paragraph 169(2)(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.

• (3.1) Section 169 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Vouching for electors in long-term care institution

    (2.01) 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 (2), the other elector referred to in paragraph (2)(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

    (2.02) In subsection (2.01), employee includes an owner of the institution and any person who occupies a management position at the institution.

• Marginal note:2014, c. 12, s. 54(2)

  (4) Subsections 169(3) and (4) of the Act are replaced by the following:

  • Marginal note:Registration certificate

    (3) If the elector satisfies the requirements of subsection (2), an election officer who is assigned to the advance polling station 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:Entry

    (4) An election officer who is assigned to the advance polling station shall indicate on the prescribed form the names of the electors who are permitted to vote under this section.

• Marginal note:2014, c. 12, s. 54(4)

  (5) Subsections 169(5) and (6) of the Act are repealed.

Marginal note:2014, c. 12, s. 55

118 Section 169.1 of the Act is replaced by the following:

Marginal note:2014, c. 12, s. 56

119 Subsection 171(2) of the Act is replaced by the following:

• 120 (1) Subparagraphs 172(a)(iii) and (iv) of the Act are replaced by the following:

  • (iii) the place where, for each advance polling station, an election officer who is assigned to the advance polling station shall count the number of votes cast at the advance polling station, and

  • (iv) that the counting of the votes cast shall begin on polling day as soon after the close of the polling stations as possible or, with the Chief Electoral Officer’s prior approval, one hour before the close of the polling stations; and

• (2) Section 172 of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):

  • (c) make available to each candidate in the electoral district a map of the electoral district indicating the boundaries of each advance polling district and the location of each advance polling station.

• (3) Section 172 of the Act is renumbered as subsection 172(1) and is amended by adding the following:

  • Marginal note:Maps made available to registered parties

    (2) The Chief Electoral Officer shall, not later than Saturday, the 16th day before polling day, make available to each registered party maps of each electoral district — in electronic form or in formats that include electronic form — indicating the boundaries of each advance polling district within the electoral district and the location of each advance polling station.