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Canada Elections Act

Version of section 161 from 2014-06-19 to 2014-12-18:


Marginal note:Registration in person

  •  (1) An elector whose name is not on the list of electors may register in person on polling day if the elector

    • (a) provides as proof of his or her identity and residence the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, which piece or one of which pieces must contain an address that proves his or her residence; or

    • (b) proves his or her identity and residence by taking the prescribed oath, and is accompanied by an elector whose name appears on the list of electors for the same polling division and who

      • (i) provides the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, which piece or one of which pieces must contain either an address that proves his or her residence or an address that is consistent with information related to him or her that appears on the list of electors, and

      • (ii) vouches for him or her on oath in the prescribed form, which form must include a statement as to the residence of both electors.

  • Marginal note:Place of registration

    (2) Where subsection (1) applies, the registration may take place before

    • (a) a registration officer at a registration desk established under subsection 39(1); or

    • (b) a deputy returning officer at a polling station with respect to which the Chief Electoral Officer determines that the officer be authorized to receive registrations.

  • Marginal note:Representative of each candidate

    (3) In the case of a registration under paragraph (2)(a), the registration officer shall permit one representative of each candidate in the electoral district to be present.

  • Marginal note:Registration certificate

    (4) If the elector satisfies the requirements of subsection (1), the registration officer or deputy returning officer, as the case may be, 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 statement by the elector that he or she is qualified as an elector under section 3.

  • Marginal note:List deemed to be modified

    (5) When a registration certificate is given under subsection (4), the list of electors is deemed, for the purposes of this Act, to have been modified in accordance with the certificate.

  • Marginal note:Prohibition — registration on polling day

    (5.1) It is prohibited for any person to

    • (a) knowingly apply to be registered on polling day in a name that is not their own;

    • (b) knowingly apply, except as authorized by this Act, to be registered on polling day to vote in a polling division in which they are not ordinarily resident;

    • (c) apply to be registered on polling day to vote in an electoral district knowing that they are not qualified as an elector or entitled to vote in the electoral district; or

    • (d) compel, induce or attempt to compel or induce any other person to make a false or misleading statement relating to that other person’s qualification as an elector for the purposes of the registration of that other person on polling day.

  • Marginal note:Prohibition — vouching for more than one elector

    (6) No elector shall vouch for more than one elector at an election.

  • Marginal note:Prohibition — vouchee acting as voucher

    (7) An elector who has been vouched for at an election may not vouch for another elector at that election.

  • 2000, c. 9, s. 161
  • 2007, c. 21, s. 26, c. 37, s. 2
  • 2014, c. 12, s. 50

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