Canada Elections Act (S.C. 2000, c. 9)

Act current to 2017-11-20 and last amended on 2016-01-01. Previous Versions

Secrecy

Marginal note:Secret vote

 The vote is secret.

Marginal note:Secrecy during and after poll
  •  (1) Every candidate, election officer or representative of a candidate present at a polling station or at the counting of the votes shall maintain the secrecy of the vote.

  • Marginal note:Secrecy at the poll

    (2) Except as provided by this Act, no elector shall

    • (a) on entering the polling station and before receiving a ballot, openly declare for whom the elector intends to vote;

    • (b) show his or her ballot, when marked, so as to allow the name of the candidate for whom the elector has voted to be known; or

    • (c) before leaving the polling station, openly declare for whom the elector has voted.

  • Marginal note:Procedure in case of contravention of secrecy

    (3) It is the duty of each deputy returning officer to draw the attention of any elector to an offence that the elector commits in contravening subsection (2) and to the punishment to which the elector is liable, but the elector shall be allowed to vote in the usual way if he or she has not already done so.

Audit

Marginal note:Engagement of auditor

 For each general election and by-election, the Chief Electoral Officer shall engage an auditor that he or she considers to have technical or specialized knowledge — other than a member of his or her staff or an election officer — to perform an audit and report on whether deputy returning officers, poll clerks and registration officers have, on all days of advance polling and on polling day, properly exercised the powers conferred on them, and properly performed the duties and functions imposed on them, under sections 143 to 149, 161 to 162 and 169.

  • 2014, c. 12, s. 53.

Prohibitions

Marginal note:Prohibition — use of loudspeakers on polling day

 No person shall use a loudspeaking device within hearing distance of a polling station on polling day for the purpose of promoting or opposing a political party that is listed on the ballot under the name of a candidate or the election of a candidate.

  • 2000, c. 9, s. 165;
  • 2001, c. 21, s. 13.
Marginal note:Prohibitions — emblems, etc., in polling station
  •  (1) No person shall

    • (a) post or display in, or on the exterior surface of, a polling place any campaign literature or other material that could be taken as an indication of support for or opposition to a political party that is listed on the ballot under the name of a candidate or the election of a candidate;

    • (b) while in a polling station, wear any emblem, flag, banner or other thing that indicates that the person supports or opposes any candidate or political party that is listed on the ballot under the name of a candidate, or the political or other opinions entertained, or supposed to be entertained, by the candidate or party; and

    • (c) in a polling station or in any place where voting at an election is taking place, influence electors to vote or refrain from voting or vote or refrain from voting for a particular candidate.

  • Marginal note:Exception

    (2) Despite paragraph (1)(b), a representative of a candidate in a polling station may, in the manner authorized by the Chief Electoral Officer, wear a badge identifying his or her function and the name of the political party that is listed on the ballot under the name of the candidate.

  • 2000, c. 9, s. 166;
  • 2001, c. 21, s. 14.
Marginal note:Prohibitions re ballots, etc.
  •  (1) No person shall

    • (a) apply for a ballot in a name that is not his or her own;

    • (b) use a forged ballot;

    • (c) knowing that he or she is without authority under this Act to do so, provide a ballot to any person; or

    • (d) knowing that he or she is without authority under this Act to do so, have a ballot in his or her possession.

  • Marginal note:Other prohibitions

    (2) No person shall wilfully

    • (a) alter, deface or destroy a ballot or the initials of the deputy returning officer signed on a ballot;

    • (b) put or cause to be put into a ballot box a ballot or other paper otherwise than as provided by this Act;

    • (c) take a ballot out of the polling station; or

    • (d) destroy, take, open or otherwise interfere with a ballot box or book or packet of ballots.

  • Marginal note:Prohibitions — deputy returning officers

    (3) No deputy returning officer shall

    • (a) with the intent of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast, put his or her initials on the back of any paper purporting to be or capable of being used as a ballot at an election; or

    • (b) place on any ballot any writing, number or mark, with intent that the elector to whom the ballot is to be, or has been, given may be identified.

PART 10Advance Polling

Establishment of Advance Polling Stations

Marginal note:Establishment of advance polling districts
  •  (1) Each returning officer shall, as directed by the Chief Electoral Officer, establish in his or her electoral district advance polling districts that consist of one or more polling divisions.

  • Marginal note:Description of districts

    (2) The returning officer shall give the Chief Electoral Officer a description of each advance polling district that is established.

  • Marginal note:Establishment of advance polling station

    (3) An advance polling station shall be established in each advance polling district.

  • 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 permission of the Chief Electoral Officer, combine two advance polling districts into one district.

  • Marginal note:Request to move an advance polling station

    (5) When a request is made to a returning officer not later than four days after the issue of the writ to change the location of an advance polling station, the returning officer, with the prior approval of the Chief Electoral Officer, may do so.

  • Marginal note:Level access

    (6) An advance polling station shall be in premises with level access.

  • Marginal note:Exception

    (7) If a returning officer is unable to secure suitable premises with level access for use as an advance polling station, the returning officer may, with the prior approval of the Chief Electoral Officer, locate the advance polling station in premises without level access.

  • 2000, c. 9, s. 168;
  • 2007, c. 21, s. 29.

Registration

Marginal note:Registration at advance polling station
  •  (1) Every elector whose name is not on the revised list of electors may register in person before the deputy returning officer in the advance polling station where the elector is entitled to vote.

  • Marginal note:Conditions

    (2) An elector shall not be registered unless he or she

    • (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, the piece or one of those pieces containing an address that proves his or her residence; or

    • (b) proves his or her identity by providing two pieces of identification of a type authorized under subsection 143(2.1) that establish the elector’s name, proves his or her residence by taking an oath in writing in the prescribed form — the form including the statement that he or she has received the oral advice set out in subsection 169.1(1) — and is accompanied by another elector whose name appears on the list of electors for the same polling division who

      • (i) proves their own identity and residence by providing 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) attests to the elector’s residence on oath in writing in the prescribed form, the form including the statements that

        • (A) they have received the oral advice set out in subsection 169.1(2),

        • (B) they know the elector personally,

        • (C) they know that the elector resides in the polling division,

        • (D) they have not attested to the residence of another elector at the election, and

        • (E) their own residence has not been attested to by another elector at the election.

  • Marginal note:Examination of identification documents

    (2.1) The representative of a candidate may examine but not handle any piece of identification provided by the elector.

  • Marginal note:Registration certificate

    (3) If the elector satisfies the requirements of subsection (2), the deputy returning 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 statement by the elector that he or she is qualified as an elector under section 3.

  • Marginal note:Entry

    (4) The poll clerk shall indicate on the prescribed form the names of the electors who are permitted to vote under this section.

  • Marginal note:Prohibition — registration at advance polling station

    (4.1) It is prohibited for any person to

    • (a) knowingly apply to be registered at an advance polling station in a name that is not their own;

    • (b) knowingly apply, except as authorized by this Act, to be registered at an advance polling station to vote in an advance polling district in which they are not ordinarily resident;

    • (c) apply to be registered at an advance polling station 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 at an advance polling station.

  • Marginal note:Prohibition — attesting to residence of more than one elector

    (5) No elector shall attest to the residence of more than one elector at an election.

  • Marginal note:Prohibition — attesting to residence (own residence attested to)

    (6) No elector whose residence has been attested to at an election shall attest to another elector’s residence at that election.

  • 2000, c. 9, s. 169;
  • 2007, c. 21, s. 30, c. 37, s. 3;
  • 2014, c. 12, s. 54.
 
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