Canada Elections Act

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:Means of telecommunication

  (9) An application for a warrant under subsection (8) may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.1 of the Criminal Code applies for those purposes with any necessary modifications.