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. 32
121 Subsections 173(2) and (3) of the Act are replaced by the following:
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:2014, c. 12, ss. 57 and 58
122 Sections 174 and 175 of the Act are replaced by the following:
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.
123 Subsection 176(3) of the Act is replaced by the following:
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.
124 (1) The portion of section 177 of the Act before the definition administrative centre is replaced by the following:
Marginal note:Definitions
177 The definitions in this section apply in this Part, and Parts 11.1 and 19.
(2) The definitions administrative centre, Canadian Forces elector, deputy returning officer, statement of ordinary residence and voting territory in section 177 of the Act are repealed.
(3) The definitions application for registration and special ballot, inner envelope, liaison officer and outer envelope in section 177 of the Act are replaced by the following:
- application for registration and special ballot
application for registration and special ballot means an application completed by an elector in order to vote under this Part. (demande d’inscription et de bulletin de vote spécial)
- inner envelope
inner envelope means an envelope, including one that is supplied by the Chief Electoral Officer, in which a ballot or special ballot is to be enclosed after it has been marked. (enveloppe intérieure)
- liaison officer
liaison officer means an elector designated as a liaison officer under subsection 199.2(1) or a person appointed as a liaison officer under subsection 248(1). (agent de liaison)
- outer envelope
outer envelope means an envelope, including one that is supplied by the Chief Electoral Officer, in which a ballot or special ballot is to be transmitted after it has been marked and enclosed in an inner envelope. (enveloppe extérieure)
(4) The definition special ballot in section 177 of the English version of the Act is replaced by the following:
- special ballot
special ballot means a ballot, other than a ballot referred to in section 241, that is provided to an elector who is entitled to vote under this Part. (bulletin de vote spécial)
(5) Section 177 of the Act is amended by adding the following in alphabetical order:
- unit election officer
unit election officer means an elector designated as a unit election officer under paragraph 205(1)(b). (fonctionnaire électoral d’unité)
125 Section 180 of the Act is repealed.
126 (1) Paragraph 182(b) of the Act is replaced by the following:
(b) retain the solemn declaration of each special ballot officer that is made under subsection 23(1);
(2) Paragraph 182(d) of the Act is replaced by the following:
(d) obtain from the liaison officers the lists of the names of unit election officers that the commanding officers are required to provide;
127 The Act is amended by adding the following after section 186:
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.
128 Sections 188 and 189 of the Act are replaced by the following:
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.
129 The heading “Definitions” before section 190 of the Act is replaced by the following:
Interpretation
130 (1) The definition elector in section 190 of the Act is replaced by the following:
- elector
elector means a person referred to in section 191. (électeur)
(2) Section 190 of the Act is amended by adding the following in alphabetical order:
- alternative address
alternative address means the address of the office of the returning officer for the electoral district of the elector’s place of ordinary residence. (adresse de substitution)
- service number
service number means a unique identifier assigned by the Canadian Forces under the National Defence Act to each member of the Canadian Forces. (numéro matricule)
131 The Act is amended by adding the following after section 190:
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.
132 The heading before section 191 of the Act is replaced by the following:
Voting Entitlement
133 (1) The portion of section 191 of the Act before paragraph (a) is replaced by the following:
Marginal note:Qualification and right to vote
191 Any of the following persons is entitled to vote under this Division if he or she is qualified as an elector under section 3:
(2) Paragraph 191(b) of the Act is replaced by the following:
(b) a member of the reserve force of the Canadian Forces; and
(3) Section 191 of the Act is amended by striking out “and” at the end of paragraph (c) and by repealing paragraph (d).
Marginal note:2000, c. 12, par. 40(2)(f)
134 Sections 192 to 198 of the Act are replaced by the following:
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.
135 Subsection 199(2) of the Act is replaced by the following:
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.
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