SOR/2010-2020102
2
20196
22
REFERENDUM ACTRegulation Adapting the Canada Elections Act for the Purposes of a ReferendumPursuant to subsections 7(3) and 7(4) of the Referendum Act, the Chief Electoral Officer repeals the Regulations Adapting the Canada Elections Act for the Purposes of a Referendum made on December 20, 2001, and registered under SOR/2002-25, and makes the Regulation Adapting the Canada Elections Act for the Purposes of a Referendum, hereinafter.Ottawa, February 2, 2010MARC MAYRANDChief Electoral Officer of Canada
ScheduleThe provisions of the Canada Elections Act set out in the Schedule are adapted for the purposes of applying them in respect of a referendum.
InterpretationIn the Schedule, the expression not applicable following a provision of the Canada Elections Act means that the provision does not apply in respect of a referendum.InterpretationIn the Schedule, the expressions “the Act” and “this Act” refer to that schedule.
Coming into forceThis regulation comes into force on the day on which it is registered.
(section 2)Canada Elections Act as Adapted for the Purposes of a ReferendumShort Title
Short titleThis Act may be cited as the Canada Elections Act as Adapted for the Purposes of a Referendum.
Interpretation
DefinitionsThe definitions in this subsection apply in this Act.advance poll means a vote held under Part 10. (vote par anticipation)advance polling station means a polling station established under subsection 168(3). (bureau de vote par anticipation)broadcaster means a person who is licensed by the Canadian Radio-television and Telecommunications Commission under the Broadcasting Act to carry on a programming undertaking. (radiodiffuseur)broadcasting means broadcasting, as defined in subsection 2(1) of the Broadcasting Act, that is regulated and supervised by the Canadian Radio-television and Telecommunications Commission pursuant to section 5 of that Act. (radiodiffusion)Broadcasting Arbitrator means the person appointed as Broadcasting Arbitrator under subsection 332(1) of the Canada Elections Act. (arbitre)commercial value, in relation to property or a service, means the lowest amount charged at the time that it was provided for the same kind and quantity of property or service or for the same usage of property or money, bythe person who provided it, if the person is in the business of providing that property or service; oranother person who provides that property or service on a commercial basis in the area where it was provided, if the person who provided the property or service is not in that business. (valeur commerciale)Commissioner means the Commissioner of Canada Elections appointed under section 509 of the Canada Elections Act. (commissaire)common-law partner, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year. (conjoint de fait)election means an election of a member to serve in the House of Commons. (élection)elector means a person who is qualified as an elector under section 3. (électeur)judge, when used to define the judicial officer on whom is conferred specific powers, meansin relation to the Province of Ontario, a judge of the Superior Court of Justice;in relation to the Province of Quebec, a judge of the Superior Court of Quebec;in relation to the Provinces of Nova Scotia and British Columbia, a judge of the Supreme Court of the Province;in relation to the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, a judge of the Court of Queen’s Bench of the Province;in relation to the Provinces of Prince Edward Island and Newfoundland, a judge of the Trial Division of the Supreme Court of the Province;in relation to the electoral district of Yukon, a judge of the Supreme Court of Yukon;in relation to the electoral district of the Northwest Territories, a judge of the Supreme Court of the Northwest Territories;in relation to the electoral district of Nunavut, a judge of the Nunavut Court of Justice; andin relation to any place or territory in Canada,if a vacancy exists or arises in the office of any such judge or if such a judge is unable to act by reason of illness or absence from their judicial district, the judge exercising the jurisdiction of that judge,if there is more than one judge exercising that jurisdiction, the senior of them, andif no judge is exercising that jurisdiction, a judge designated for the purpose by the Minister of Justice. (juge)list of electors means the list showing the surname, given names, civic address and mailing address of every elector in a polling division and the identifier that is assigned to the elector by the Chief Electoral Officer. (liste électorale)member means a member of the House of Commons. (député)oath includes a solemn affirmation and a statutory declaration. (serment)official list of electors means the list of electors prepared by the returning officer under section 106. (liste électorale officielle)periodical publication means a paper, magazine or periodical that is published periodically or in parts or numbers and that contains public news, intelligence or reports of events, or advertisements. (publication périodique)personal information means personal information as defined in section 3 of the Privacy Act. (renseignements personnels)polling division means a polling division referred to in section 538 of the Canada Elections Act. (section de vote)polling station means a place established under section 120, 122, 125, 205, 206, 207, 253 or 255 for electors to cast their votes. (bureau de scrutin)preliminary list of electors means the list of electors prepared by the Chief Electoral Officer under subsection 93(1). (liste électorale préliminaire)prescribed, in relation to a form or an oath, means one that is authorized by the Chief Electoral Officer. (prescrit)recount means a recount of votes by a judge under sections 29 and 30 of the Referendum Act, and under Part 14 of this Act. (dépouillement judiciaire)referendum documents means the following documents:the writ with the return of the referendum endorsed on it;not applicable;the reserve supply of undistributed blank ballot papers;documents relating to the revision of the lists of electors;the statements of the vote from which the validation of results was made; andthe other returns from the various polling stations enclosed in sealed envelopes, as required by Part 12, and containinga packet of stubs and unused ballot papers,packets of ballot papers cast for each answer to a referendum question,a packet of spoiled ballot papers,a packet of rejected ballot papers,a packet containing the list of electors used at the polling station, the written authorizations of agents of registered referendum committees and witnesses and the used transfer certificates, if any, anda packet containing the registration certificates. (documents référendaires)referendum officer means a person referred to in subsection 32(1) of the Referendum Act and in subsection 22(1) of this Act. (fonctionnaire référendaire)registered party has the same meaning as in subsection 2(1) of the Canada Elections Act. (parti enregistré)Register of Electors means the Register of Electors established under section 44 of the Canada Elections Act. (Registre des électeurs)revised list of electors means the list of electors prepared by the returning officer under section 105. (liste électorale révisée)spoiled, in relation to a ballot or a special ballot as defined in section 177, meansone that has not been deposited in the ballot box but has been found by the deputy returning officer to be soiled or improperly printed; orone that is dealt with under subsection 152(1), including in relation to advance polls by virtue of subsection 171(1), or subsection 213(4), 242(1) or 258(3). (annulé)writ means a writ of referendum. (bref)DefinitionsThe definitions in this subsection apply in the Referendum Act.auditor means a person who is a member in good standing of a corporation, an association or an institute of professional accountants, and a partnership of which every partner is a member in good standing of a corporation, an association or an institute of professional accountants. (vérificateur)network means a network as defined in subsection 2(1) of the Broadcasting Act, but does not include a temporary network operation as defined in that subsection. (réseau)network operator means a person or undertaking to which permission has been granted by the Canadian Radio-television and Telecommunications Commission to form and operate a network. (exploitant de réseau)prime time, in the case of a radio station, means the time between the hours of 6 a.m. and 9 a.m., noon and 2 p.m. and 4 p.m. and 7 p.m., and, in the case of a television station, means the hours between 6 p.m. and midnight. (heures de grande écoute)volunteer labour means any service provided free of charge by a person outside their working hours, but does not include such a service provided by a person who is self-employed if the service is one that is normally charged for by that person. (travail bénévole)No commercial valueFor the purposes of this Act and of the Referendum Act, the commercial value of property or a service is deemed to be nil ifit is provided by a person who is not in the business of providing that property or those services; andthe amount charged for it is $200 or less.Satisfactory proof of identity and residenceFor the purposes of this Act, satisfactory proof of an elector’s identity and satisfactory proof of residence are established by the documentary proof of the elector’s identity and residence that is prescribed by the Chief Electoral Officer.TimeA reference to a time of day in this Act is a reference to local time.Descriptive cross-referencesIf, in any provision of this Act, a reference to another provision of this Act or a provision of any other Act is followed by words in parentheses that are or purport to be descriptive of the subject-matter of the provision referred to, those words form no part of the provision in which they occur but are inserted for convenience of reference only.
Referendum Rights
Persons qualified as electorsEvery person who is a Canadian citizen and is 18 years of age or older on polling day is qualified as an elector.
Disentitlement from votingThe following persons are not entitled to vote at a referendum:the Chief Electoral Officer;the Assistant Chief Electoral Officer; andevery person who is imprisoned in a correctional institution serving a sentence of two years or more.
ProhibitionNo person mayvote or attempt to vote at a referendum knowing that they are not qualified as an elector or not entitled to vote under section 4; orinduce another person to vote at a referendum knowing that the other person is not qualified as an elector or not entitled to vote under section 4.
Persons entitled to voteSubject to this Act, every person who is qualified as an elector is entitled to have his or her name included in the list of electors for the polling division in which he or she is ordinarily resident and to vote at the polling station for that polling division.
Only one voteNo elector who has voted at a referendum may request a second ballot at that referendum.
Place of ordinary residenceThe place of ordinary residence of a person is the place that has always been, or that has been adopted as, his or her dwelling place, and to which the person intends to return when away from it.One place of residence onlyA person can have only one place of ordinary residence and it cannot be lost until another is gained.Temporary absenceTemporary absence from a place of ordinary residence does not cause a loss or change of place of ordinary residence.Place of employmentIf a person usually sleeps in one place and has their meals or is employed in another place, their place of ordinary residence is where they sleep.Temporary residenceTemporary residential quarters are considered to be a person’s place of ordinary residence only if the person has no other place that they consider to be their residence.Temporary residential quartersA shelter, hostel or similar institution that provides food, lodging or other social services to a person who has no dwelling place is that person’s place of ordinary residence.
Interpretation of ordinary residenceIf the rules set out in section 8 are not sufficient to determine the place of ordinary residence, it shall be determined by the appropriate referendum officer by reference to all the facts of the case.
Not applicable.
Part 11Any of the following persons may vote in accordance with Part 11:a Canadian Forces elector;an elector who is an employee in the federal public administration or the public service of a province and who is posted outside Canada;a Canadian citizen who is employed by an international organization of which Canada is a member and to which Canada contributes and who is posted outside Canada;a person who has been absent from Canada for less than five consecutive years and who intends to return to Canada as a resident;an incarcerated elector within the meaning of that Part; andany other elector in Canada who wishes to vote in accordance with that Part.
Not applicable.
Chief Electoral Officer and StaffChief Electoral Officer
Not applicable.
Not applicable.
Not applicable.
Powers and duties of Chief Electoral OfficerThe Chief Electoral Officer shallexercise general direction and supervision over the conduct of referendums;ensure that all referendum officers act with fairness and impartiality and in compliance with this Act and the Referendum Act;issue to referendum officers the instructions that the Chief Electoral Officer considers necessary for the administration of this Act and the Referendum Act; andexercise the powers and perform the duties and functions that are necessary for the administration of this Act and the Referendum Act.
Power to adapt ActDuring a referendum period or within 30 days after it, if an emergency, an unusual or unforeseen circumstance or an error makes it necessary, the Chief Electoral Officer may adapt any provision of this Act and, in particular, may extend the time for doing any act, subject to subsection (2), or may increase the number of referendum officers or polling stations.Limitation — power to adaptThe Chief Electoral Officer shall not extend the voting hours at an advance polling station or, subject to subsection (3), the voting hours on polling day.Emergency — extending voting hoursIf voting at a polling station is interrupted on polling day by an emergency and the Chief Electoral Officer is satisfied that, if the voting hours at the polling station are not extended, a substantial number of electors will not be able to vote, the Chief Electoral Officer shall extend the voting hours at the polling station for the period the Chief Electoral Officer considers necessary to give those electors a reasonable opportunity to vote, as long as the polling station does not in any caseclose later than midnight on polling day; orremain open during polling day for a total of more than 12 hours.
Public education and information programsThe Chief Electoral Officer may implement public education and information programs to make the referendum process better known to the public, particularly to those persons and groups most likely to experience difficulties in exercising their democratic rights.Communication with the publicThe Chief Electoral Officer may, using any media or other means that he or she considers appropriate, provide the public, both inside and outside Canada, with information relating to Canada’s referendum process and the democratic right to vote at a referendum.Information outside CanadaThe Chief Electoral Officer may establish programs to disseminate information outside Canada concerning how to vote under Part 11.
Electronic voting processThe Chief Electoral Officer may carry out studies on voting, including studies respecting alternative voting means, and may devise and test an electronic voting process for future use in a general election, a by-election or a referendum. Such a process may not be used for an official vote without the prior approval of the committees of the Senate and of the House of Commons that normally consider electoral matters.
Assistant Chief Electoral Officer and Staff
Not applicable.
Casual and temporary staffAny additional officers, clerks and employees that the Chief Electoral Officer considers necessary for his or her exercise of powers, and discharge of duties, under this Act and the Referendum Act related to the preparation for, and the conduct of, a referendum may be employed, in the manner authorized by law, on a casual or temporary basis.
Delegation by Chief Electoral OfficerThe Chief Electoral Officer may authorize the Assistant Chief Electoral Officer or any other officer on his or her staff to perform any of the Chief Electoral Officer’s functions under this Act and the Referendum Act.
Referendum OfficersGeneral
Referendum officersThe following persons are referendum officers:returning officers appointed under subsection 24(1) of the Canada Elections Act;assistant returning officers appointed under subsection 26(1) or 28(5) and additional assistant returning officers appointed under subsection 30(1) of the Canada Elections Act;persons authorized by a returning officer under section 27 to perform duties under this Act and the Referendum Act;persons designated pursuant to subsection 28(3.1);revising agents appointed under paragraph 32(a);deputy returning officers appointed under subsection 9.1(1) of the Referendum Act and referred to in paragraphs 32(b) and (c) and subsection 273(1) of this Act;poll clerks appointed under subsection 9.1(2) of the Referendum Act and referred to in paragraphs 32(b) and (c) and subsection 273(1) of this Act;registration officers appointed under paragraph 32(d);information officers appointed under paragraph 124(1)(a);persons responsible for maintaining order at a central polling place appointed under paragraph 124(1)(b);central poll supervisors appointed under subsection 124(2);persons appointed under subsection 290(2) to collect ballot boxes;the special voting rules administrator appointed under section 181 of the Canada Elections Act;special ballot officers appointed under subsection 183(1) or section 184;liaison officers for correctional institutions appointed under subsection 248(1); anddeputy returning officers and poll clerks for correctional institutions appointed under subsection 253(1).Referendum officers — exclusionsFor greater certainty, an agent of a registered referendum committee or a witness who is present at a polling station is not a referendum officer.Who shall not be appointed referendum officersThe following persons shall not be appointed as a referendum officer:a minister of the Crown or a member of the executive council of a province;a member of the Senate or the House of Commons;a member of the legislature of a province, the Council of the Northwest Territories or the Legislative Assembly of Yukon or Nunavut;a judge or deputy judge of any superior court or any bankruptcy or insolvency court and, in Yukon and the Northwest Territories, a judge of the Supreme Court;a person who was a candidate at the last general election or at a by-election held since the last general election;a person who has served in Parliament in the session immediately before the referendum or in the session in progress at the time of the referendum; anda person who, within seven years before the proposed appointment, has been found guilty of any offence under the Canada Elections Act, the Referendum Act or any Act of the legislature of a province relating to provincial, municipal or school board elections.QualificationsA referendum officer must be qualified as an elector and a referendum officer referred to in any of paragraphs (1)(a), (b), (d) to (g) and (j) must reside in the electoral district in which he or she is to perform duties under this Act and the Referendum Act.ExceptionIn the case of an appointment that is to be made by a returning officer, if he or she is unable to appoint a referendum officer who meets the requirements set out in subsection (4), he or she may, with the approval of the Chief Electoral Officer, appointa Canadian citizen who is 16 years of age or older and who resides in the electoral district; ora person who is qualified as an elector but does not live in the electoral district.Prohibition — acting as referendum officerNo person shall act as a referendum officer knowing that they do not meet the requirements for a referendum officer set out in this section.
OathBefore assuming duties, a referendum officer shall swear an oath in writing, in the prescribed form, to perform the duties of the office in an impartial manner.ProhibitionNo referendum officer shall communicate information obtained in the course of performing his or her duties under this Act and the Referendum Act, other than for a purpose related to the performance of those duties.Sending of oathsThe returning officer shall send the documents containing the oaths of the returning officer and assistant returning officer without delay to the Chief Electoral Officer.
Returning Officers and Assistant Returning Officers
Not applicable.Not applicable.Not applicable.Not applicable.Not applicable.Not applicable.Responsibility of returning officerA returning officer is responsible, under the general direction of the Chief Electoral Officer, for the preparation for and conduct of a referendum in his or her electoral district.Obligation to act to enable referendums to be heldEvery returning officer to whom a writ is directed shall, on its receipt, or on notification by the Chief Electoral Officer of its issue, cause to be promptly taken any of the proceedings directed by this Act and the Referendum Act that are necessary in order that the referendum may be regularly held.Not applicable.Not applicable.Not applicable.Removal from officeThe Chief Electoral Officer may remove from office any returning officer whois incapable, by reason of illness, physical or mental disability or otherwise, of satisfactorily performing his or her duties under this Act or the Referendum Act; orfails to discharge competently a duty of a returning officer under this Act or the Referendum Act, or to comply with an instruction of the Chief Electoral Officer described in paragraph 16(c);Not applicable;Not applicable.
Not applicable.
Not applicable.
AuthorizationThe returning officer for an electoral district may, with the prior approval of the Chief Electoral Officer, authorize any person acting under his or her direction to perform any of the functions of a returning officer under this Act, except those described in subsection 24(3), sections 62, 103, 104, 130, 293 to 298, subsections 300(4) and 301(6), and sections 313 to 316.Authorization in writingAn authorization under subsection (1) shall be signed and dated by the returning officer.
Not applicable.[Repealed]Not applicable.Designated person to actIf a returning officer and an assistant returning officer are both absent or unable to act or if both their offices are vacant during a referendum period, the Chief Electoral Officer shall designate a person to act in place of the returning officer, and that person may, during and after that period, perform the duties of a returning officer in relation to that referendum.Not applicable.Not applicable.
Not applicable.
Not applicable.Not applicable.Delegation limitedAn assistant returning officer appointed under subsection 30(2) of the Canada Elections Act may perform the functions of an assistant returning officer only in respect of the area for which they are appointed.Further limitationAn assistant returning officer appointed under subsection (2) may not perform the functions described in subsections 28(1), 60(2) and 293(1).
Prohibition — acting in another capacityNo returning officer or assistant returning officer appointed under subsection 26(1) of the Canada Elections Act shall act in any other capacity under this Act or the Referendum Act.
Referendum Officers Appointed by Returning OfficerGeneral
Referendum officersAfter the issue of the writ, a returning officer shall appoint the following referendum officers in the prescribed form:the revising agents that the returning officer considers necessary, provided that the Chief Electoral Officer approves of their number;one deputy returning officer and one poll clerk for each advance polling station in the electoral district;one deputy returning officer and one poll clerk for each polling station in the electoral district; anda registration officer for each registration desk.
Revising Agents
Solicitation of namesBefore appointing revising agents, a returning officer shall solicit names of suitable persons from the registered parties whose candidates finished first and second in the last election in the electoral district and, if sufficient names are not provided by those parties within three days after receipt of the request, the returning officer may solicit names from any other source.Equal distributionA returning officer shall appoint half of the revising agents from among the persons recommended by the registered party whose candidate finished first in the last election in the electoral district, and half from among the persons recommended by the registered party whose candidate finished second in that election.Revising agents to work in pairsA returning officer shall appoint revising agents to work in pairs and each pair shall consist, as far as possible, of persons recommended by different registered parties.ReplacementA returning officer may replace a revising agent at any time and the former revising agent shall return all referendum materials in his or her possession to the returning officer.Lists of revising agentsEach returning officer shall make available to each agent who made a request pursuant to subsection 10(1) of the Referendum Act a list of the revising agents for the electoral district, on completion of the list.IdentificationEach revising agent shall, while performing his or her functions, wear or carry the identification that is supplied by the Chief Electoral Officer and shall show it on request.
Deputy Returning Officers and Poll Clerks
Not applicable.Replacing deputiesA returning officer may, at any time, remove a deputy returning officer.
Not applicable.Replacing poll clerksA returning officer may, at any time, remove a poll clerk.
Not applicable.
Not applicable.
Replacement for deputy returning officerWhen the office of deputy returning officer is vacant or if the deputy returning officer is unable or unwilling to act, and the returning officer has not appointed a replacement, the poll clerk shall act as deputy returning officer without taking another oath.Another poll clerk appointedWhen a poll clerk acts as deputy returning officer, the poll clerk shall, in the prescribed form, appoint a person to act as poll clerk.
Registration Officers
Registration officesThe returning officer shall establish one or more registration desks in accordance with the instructions of the Chief Electoral Officer.Appointment of registration officersThe returning officer shall appoint, for each registration desk, a registration officer to receive, on polling day, the applications for registration of electors whose names are not on the list of electors.Solicitation of namesBefore appointing registration officers, the returning officer shall solicit names of suitable persons from the registered parties whose candidates finished first and second in the last election in the electoral district, to be submitted to the returning officer no later than the 17th day before polling day. If, by that time, a sufficient number of names of suitable persons are not provided by those parties, the returning officer may solicit names from other sources.Equal distribution of appointmentsThe returning officer shall, as far as possible, appoint half of the registration officers from among the persons recommended by each of the registered parties under subsection (3). If either of those parties did not provide a sufficient number of names of suitable persons, that party’s remaining share of the appointments shall be made from among the names solicited by the returning officer from other sources.
Equality of Votes
Not applicable.
New Electoral Districts
Results transposedWhen a new electoral district is established, the Chief Electoral Officer shall transpose the results from the previous general election to the polling divisions that are in the new electoral district in order to determine which registered parties have the right to provide the returning officer with lists of persons to be appointed as referendum officers.Special caseIf the Chief Electoral Officer cannot transpose the results from the previous general election to a portion of the new electoral district because no candidate was returned in respect of that portion due to an equality of votes, the Chief Electoral Officer shall transpose the results from the by-election that was subsequently held under subsection 29(1.1) of the Parliament of Canada Act in respect of that portion.ExceptionIf, in a case to which subsection (2) applies, a referendum is held before the by-election, the registered parties that have the right to provide the returning officer with lists of names of suitable persons to be appointed as referendum officers in respect of that referendum are the same registered parties as those that had that right for the purposes of the election that resulted in the equality of votes.Notice to partiesWhen the Chief Electoral Officer has determined which parties have the right to provide lists of names under subsection (1), (2) or (3), he or she shall notify the parties without delay of that right.
Merger of Registered Parties
Attribution of votes for appointmentsFor the purposes of subsections 33(1) and (2), subsections 39(3) and (4), section 41, and section 9.1 of the Referendum Act in determining whether the candidate of a registered party finished first or second in the last election in a case where the registered party is the result of a merger with two or more parties that were registered parties at that election, there shall be attributed to the candidate of the merged party the number of votes of the candidate of the merging party with the largest number of votes at that election.
Prohibitions
ProhibitionsNo person shallwilfully obstruct a referendum officer in the performance of his or her duties;without authority, use identification simulating that used by a revising agent or intended to replace that prescribed by the Chief Electoral Officer for that purpose; orhaving been replaced as a referendum officer, fail to give to their replacement or to an authorized person any referendum documents or other referendum materials that the person has received or prepared in the performance of his or her duties.
Right of accessNo person who is in control of an apartment building, condominium building or other multiple-residence building or a gated community may prevent a referendum officer or a member of the staff of a returning officer from obtaining access to the building or gated community, as the case may be, between 9:00 a.m. and 9:00 p.m., to perform his or her duties under this Act or the Referendum Act.ExceptionSubsection (1) does not apply in respect of a person who is in control of a multiple-residence building whose residents’ physical or emotional well-being may be harmed as a result of permitting the activities referred to in that subsection.
Register of ElectorsMaintenance and Communication of Register
Not applicable.
Not applicable.
Updating the Register
Not applicable.
Not applicable.
Not applicable.
Duty of returning officerDuring the referendum period, each returning officer shall update the Register of Electors from the information that he or she obtains under this Act, other than information in relation to an elector with respect to whom an application has been granted under subsection 233(1.1).
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Agreements on Giving Information
Not applicable.
Prohibitions
Not applicable.
Conduct of a ReferendumDate of General Election
Not applicable.
Not applicable.
Writs of Referendum
Not applicable.Not applicable.Not applicable.Polling dayIn the case of a referendum,the date of issue of the writs shall be the same for all electoral districts; andpolling day shall be the same for all electoral districts;not applicable.Polling day held on a MondaySubject to subsection (4), polling day shall be on a Monday.ExceptionIf, in the week in which the referendum is to be held, the Monday is a holiday, polling day shall be held on the Tuesday of that week.Times when polling day is TuesdayIf the day fixed for the vote is a Tuesday because of subsection (4), any time period specified under this Act or the Referendum Act before or after polling day is to be calculated as if polling day were the Monday.
Not applicable.
Withdrawal of writThe Governor in Council may order the withdrawal of a writ for any electoral district for which the Chief Electoral Officer certifies that by reason of a flood, fire or other disaster it is impracticable to carry out the provisions of this Act or the Referendum Act.Duties of Chief Electoral OfficerIf the Governor in Council orders the withdrawal of a writ, the Chief Electoral Officer shall publish a notice of the withdrawal in the Canada Gazette.Not applicable.
Returning officer to open and maintain an officeEvery returning officer shall, without delay after receiving the writ or notice by the Chief Electoral Officer of the issue of the writ, open an office in premises with level access in a convenient place in the electoral district and shall maintain the office throughout the referendum period.HoursThe Chief Electoral Officer may fix the hours that the office must be open and the minimum number of hours of compulsory attendance at it by the returning officer and the assistant returning officer.
Appointment of staffThe Chief Electoral Officer may authorize returning officers to appoint the staff that they consider necessary for the purposes of this Act and the Referendum Act.Employment of staffStaff mentioned in subsection (1) shallbe appointed in the prescribed form;take the prescribed oath; andbe discharged as soon as their services are no longer needed.
Notice of Referendum by Returning Officer
Notice of referendumWithin four days after the issue of the writ, each returning officer shall sign and issue a Notice of Referendum in Form 2 of Schedule 1 that indicatesnot applicable;the date for polling day;the date and time, not later than seven days after polling day, for the validation of results; andthe address of the returning officer’s office.
Return by Acclamation
Not applicable.
Holding of an Election
Not applicable.
CandidatesQualifications
Not applicable.
Nomination of Candidates
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Rights of Candidates
Not applicable.
Not applicable.
Not applicable.
Obligations of Candidates
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Prohibition
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Gifts and Other Advantages
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Revision of Lists of ElectorsPreliminary Lists of Electors
Sending of informationAs soon as possible after the issue of a writ, the Chief Electoral Officer shall prepare a preliminary list of electors for each polling division in an electoral district, and shall send it to the returning officer for the electoral district along with all the other information in the Register of Electors that relates to the electors of that electoral district.Not applicable.Form of preliminary list of electorsA preliminary list of electors shall contain only the name and address of each elector in the electoral district and the identifier that is assigned to the elector by the Chief Electoral Officer and shall be arranged according to the civic addresses of the electors or, if that is not appropriate, in alphabetical order by their names.Not applicable.
Not applicable.
Notice of Confirmation of Registration
Notice to electorsEach returning officer shall, as soon as possible after the issue of a writ but not later than the 24th day before polling day, send a notice of confirmation of registration to every elector whose name appears on the preliminary list of electors, except electors whoare referred to in paragraph 11(e);have completed a statement of ordinary residence under section 194 or 195; orare referred to in section 222.Form of noticeThe notice of confirmation of registration shall be in the form established by the Chief Electoral Officer and shall indicatethe address of the elector’s polling station, and whether or not it has level access;the voting hours on polling day;a telephone number to call for more information;the dates of advance polls and the voting hours and locations of advance polling stations; andthe fact that proof of an elector’s identity and residence will be required before the elector is allowed to vote.Particular needsThe notice of confirmation of registration shall invite the elector to contact the returning officer if he or sherequires a language or sign language interpreter;requires level access and his or her polling station does not have it; oris unable to attend at a polling station because of a physical disability.
Revision Process
Revision of preliminary lists of electorsThe Chief Electoral Officer shall, as soon as possible after the issue of a writ, fix the commencement date for the revision of the preliminary lists of electors. The revision period shall terminate at 6:00 p.m. on the 6th day before polling day.
Referendum officers who are designated to receive applicationsThe returning officer, assistant returning officer and revising agents for an electoral district may receive applications for additions or corrections to, or deletions from, a preliminary list of electors or the Register of Electors for their electoral district.Applications for addition, correction or deletionAll applications referred to in subsection (1) that are received by revising agents shall, on completion, be presented to the returning officer or assistant returning officer for his or her approval.
Rental of officesThe returning officer may, with the approval of the Chief Electoral Officer, rent one or more offices for the revision of the preliminary lists of electors. The office or offices shall have level access.
Revision — purposeThe returning officer and assistant returning officer for an electoral district shall revise the preliminary lists of electors for that electoral district byadding the names of electors who were omitted from the lists;correcting information respecting electors whose names are on the lists; anddeleting the names of persons whose names were incorrectly inserted on the lists.
Information in Register of ElectorsThe Chief Electoral Officer may, for the purpose of section 99, provide to the returning officer and assistant returning officer information contained in the Register of Electors.
Revising agents to act jointlyEach pair of revising agents appointed for an electoral district shall act jointly to assist in the revision of the preliminary lists of electors.Disagreement between revising agentsIn case of disagreement, the revising agents shall refer the matter to the returning officer or assistant returning officer for a decision and are bound by that decision.
Relevant elector informationThe returning officer or assistant returning officer may add the name of any elector to the preliminary list of electors ifthe elector completes the prescribed registration form, establishes that he or she should be included on the list and provides satisfactory proof of identity;another elector who lives at the same residence as the elector completes the prescribed registration form, establishes that the elector should be included on the list and provides satisfactory proof of identity in respect of that elector;another elector who does not live at the same residence as the elector completes the prescribed registration form for the elector, establishes that the elector should be included on the list and provideswritten authorization from the elector allowing the other elector to complete the form for him or her, andsatisfactory proof of identity in respect of both electors; orthe elector, or another elector who lives at the same residence as the elector, at their residence and in the presence of the revising agents completes the prescribed registration form and takes the prescribed oath.Addition of elector’s nameThe returning officer or assistant returning officer may also add to the preliminary list of electors the name of any elector whose name is added to the Register of Electors after that list has been prepared.Exclusion from Register of ElectorsAn elector whose name is added to a preliminary list of electors under paragraph (1)(a) may request that his or her name not be included in the Register of Electors.Change of addressThe previous address of an elector whose name is added to a preliminary list of electors under any of paragraphs (1)(a) to (c) and who has changed his or her address since being listed in the Register of Electors shall be provided and the elector’s name shall then be deleted from the Register of Electors in relation to the previous address.Deletion of name of electorThe returning officer or assistant returning officer may delete the name of a person from a preliminary list of electors ifthe person requests it and provides satisfactory proof of identity;it is established that the elector is deceased;it is established that the information provided in respect of the elector is not valid; orit is established that the elector no longer resides at the address indicated on the list.CorrectionsThe returning officer or assistant returning officer may approve corrections to the information, in respect of an elector, on a preliminary list of electors ifthe elector has requested the correction under subsection 97(1); orthere is an omission, inaccuracy or error.Address change within electoral districtAn elector who changes his or her address within an electoral district may, by telephone or otherwise, on providing satisfactory proof of identity and residence to one of the referendum officers mentioned in subsection 97(1), apply to have the relevant corrections made to the appropriate preliminary list of electors. Another elector who lives at the same residence as the elector in question, on providing satisfactory proof of identity and residence in respect of the elector in question, may apply to have the relevant corrections made to that list in respect of the elector in question.
Notice of confirmation of registrationEach returning officer shall, as early as possible during the revision period but not later than the 5th day before polling day, send a notice of confirmation of registration that contains the information described in subsections 95(2) and (3) to every elector whose name has been added to a preliminary list of electors during the revision period, except electors referred to in subsection 95(1).
Objection Procedure
Objection by electorNo later than the 14th day before polling day, an elector whose name appears on a list of electors for an electoral district may make an objection before the returning officer respecting the inclusion of the name of another person on a list of electors for that electoral district.Affidavit of objectionAn elector who wishes to make an objection under subsection (1) shall complete an affidavit of objection in the prescribed form, alleging that the other person is not entitled to vote in that electoral district, and shall submit the affidavit to the returning officer.Notice to be sent to person objected toThe returning officer shall, on the day on which he or she receives an affidavit of objection or on the following day, send to the person objected to, at his or her address given on the list of electors and also at any other address given on the affidavit, a notice in the prescribed form advising the person that he or she may give evidence to show that he or she is entitled to vote in the electoral district in question byappearing personally or by representative before the returning officer at a specified time no later than the 11th day before polling day; orsending the returning officer, before that time, any documentation that the person considers appropriate.Notice to agentsThe returning officer shall, as soon as possible, send to each agent who made a request pursuant to subsection 10(1) of the Referendum Act a copy of the notice referred to in subsection (3).Not applicable.
Examination by returning officerWhen an objection is made under subsection 103(1), the returning officer may examine on oath the elector who made the objection, the person against whom it was made — if that person wishes to present their position — and any witness present, and make a decision on the basis of the information so obtained.EvidenceThe onus of presenting sufficient evidence to warrant the deletion of a name from a list of electors is on the elector who makes the objection.Elector to substantiate caseThe non-attendance before the returning officer at the time an objection is dealt with, or the failure of the person against whom the objection is made to send proof that he or she is entitled to vote in the electoral district, does not relieve the elector who makes the objection from proving, to the returning officer on a balance of probabilities, that the name of the person objected to should not appear on the list of electors.Outcome of objectionAfter an objection is dealt with by the returning officer, he or she shall either delete the name of the person objected to from the list of electors on which the name appears or allow the name to stay on that list.
Updated Preliminary Lists of Electors
Not applicable.
Revised Lists of Electors and Official Lists of Electors
Revised list of electorsEach returning officer shall, on the 11th day before polling day, prepare a revised list of electors for each polling division in the electoral district for use at the advance poll.Not applicable.
Official list of electorsEach returning officer shall, on the 3rd day before polling day, prepare the official list of electors for each polling division for use on polling day.
Form of listsThe revised list of electors and official list of electors for each polling division shall be in the form established by the Chief Electoral Officer.Not applicable.Not applicable.Not applicable.
Merger of Polling Divisions
Merger of polling divisionsAfter the end of the revision period, the returning officer may, with the prior approval of the Chief Electoral Officer, merge a polling division with an adjacent polling division in the same electoral district.Official listThe lists of electors for the merging polling divisions are deemed to be the official list of electors for the polling division that results from the merger.
Final Lists of Electors
Final list of electorsThe Chief Electoral Officer shall, without delay after polling day, prepare final lists of electors for each electoral district.Delivery of final lists to member and partiesThe Chief Electoral Officer shall deliver a printed copy and a copy in electronic form of the final lists of electors for each electoral district to each registered party that endorsed a candidate in the electoral district at the last election and to the member who was elected for the electoral district.Extra copiesOn the request of a registered party or member referred to in subsection (2), the Chief Electoral Officer may provide a maximum of four additional printed copies of the final lists of electors.
Use of Lists of Electors
Registered partiesA registered party that, under section 109, receives a copy of final lists of electors may use the lists for communicating with electors, including using them for soliciting contributions and recruiting party members.MembersA member who, under section 109, receives a copy of final lists of electors may use the lists forcommunicating with his or her electors; andin the case of a member of a registered party, soliciting contributions for the use of the registered party and recruiting party members.Not applicable.
Prohibitions
Prohibitions in relation to lists of electorsNo person shallwilfully apply to be included in a list of electors in a name that is not his or her own;wilfully apply, except as authorized by this Act, to be included in a list of electors for a polling division if he or she is already included in a list of electors for another polling division, which list was prepared for use at the same referendum;wilfully apply, except as authorized by this Act, to be included in a list of electors for a polling division in which the person is not ordinarily resident;apply to have included in a list of electors for an electoral district the name of a person, knowing that the person is not qualified as an elector or entitled to vote in the electoral district;wilfully apply to have included in a list of electors the name of an animal or thing; orknowingly use personal information that is recorded in a list of electors for a purpose other thanto enable registered parties or members to communicate with electors in accordance with section 110, ora federal election or referendum.
Preparation for the VoteList of Deputy Returning Officers
List of deputies and poll clerksA returning officer shall, at least three days before polling day, post in his or her office a list of the names and addresses of all the deputy returning officers and poll clerks appointed to act in the electoral district, with the number of the polling station at which each is to act.Access to listThe returning officer shall permit access to, and give full opportunity for the inspection of, the list referred to in subsection (1) by interested persons at any reasonable time.
Referendum Materials
Delivery to returning officersThe Chief Electoral Officer, at any time before the issue of the writ or immediately after the issue of it, shall deliver to the returning officer sufficient quantities of referendum materials and the necessary instructions for the referendum officers to perform their duties.
Ballot boxesThe Chief Electoral Officer shall provide the returning officer with the necessary ballot boxes.Material of ballot boxEach ballot box shall be of the size and shape and made of the material determined by the Chief Electoral Officer and be constructed to allow seals for the use of the returning officers and deputy returning officers to be affixed.
Ballot paperAs soon as possible after the issue of the writ, the Chief Electoral Officer shall provide the returning officer with the paper on which the ballots are to be printed. The weight and opacity of the paper shall be determined by the Chief Electoral Officer.Not applicable.
Not applicable.Form of ballotBallots shall have a counterfoil and a stub, with a line of perforations between the ballot and the counterfoil and between the counterfoil and the stub.Numbering of ballotsThe ballots shall be numbered on the back of the stub and the counterfoil, and the same number shall be printed on the stub as on the counterfoil.Books of ballotsBallots shall be in books containing an appropriate number of ballots.Obligation re ballots, ballot paperEach printer shall return all of the ballots and all of the unused paper on which the ballots were to have been printed, to the returning officer.Printer’s name and affidavitBallots shall bear the name of the printer who, on delivering them to the returning officer, shall include an affidavit in the prescribed form that sets out a description of the ballots, the number of ballots delivered to the returning officer and the fact that all ballots were provided, and all paper returned, as required by subsection (5).
Not applicable.
Property of Her MajestyBallot boxes, ballots, envelopes and marking instruments procured for a referendum are the property of Her Majesty.
Supply of Referendum Materials to Deputy Returning Officer
Materials to be supplied to deputy returning officersBefore voting begins, each returning officer shall provide each deputy returning officer in his or her electoral district withenough ballots for at least the number of electors on the official list of electors for the deputy returning officer’s polling station;a statement showing the number of ballots that are supplied, with their serial numbers;the necessary materials for electors to mark their ballots;an adequate number of templates, provided by the Chief Electoral Officer, to enable electors who are visually impaired to mark their ballots without assistance;a copy of the instructions of the Chief Electoral Officer referred to in section 113;the official list of electors for use at the polling station, enclosing it when possible in the ballot box with the ballots and other supplies;a ballot box;the text of the oaths to be administered to electors; andthe necessary envelopes, forms and other supplies that may be authorized or provided by the Chief Electoral Officer.Safekeeping of referendum materialsUntil the opening of the poll, each deputy returning officer is responsible for all referendum materials in his or her possession and shall take every precaution for the safekeeping of those materials and to prevent any person from having unlawful access to them.
Polling Stations and Central Polling Places
Establishment of polling stationsEach returning officer shall, for polling day, establish one polling station for each polling division.Multiple polling stationsNo later than three days before a polling day, a returning officer may, with the prior approval of the Chief Electoral Officer, establish several polling stations for a polling division if, because of the number of electors on the list of electors for the polling division, the returning officer believes it necessary for the conduct of the vote, and each of those polling stations is to be designated by the number of the polling division to which is added the letter A, B, C and so on.Division of list of electorsThe returning officer shall divide the official list of electors for a polling division into as many separate lists as are required for the taking of the votes at each polling station.Certificate of returning officerTo each portion of the official list of electors that is divided, the returning officer shall, before sending the portion to the deputy returning officer for the polling station, append a certificate signed by the returning officer in the prescribed form attesting to its correctness.
Level accessSubject to subsection (2), a polling station shall be in premises with level access.ExceptionIf a returning officer is unable to secure suitable premises with level access for use as a polling station, the returning officer may, with the prior approval of the Chief Electoral Officer, locate the polling station in premises without level access.Voting compartmentsEach polling station shall contain one or two voting compartments arranged so that each elector is screened from observation and may, without interference or interruption, mark their ballot.Table or deskEach voting compartment shall be placed on a hard and smooth surface and shall have in it a suitable black lead pencil for the use of electors in marking their ballots.
Polling station in adjacent polling divisionIf a returning officer is unable to secure suitable premises to be used as a polling station within a polling division, the returning officer may establish a polling station in an adjacent polling division and all the provisions of this Act apply as if the polling station were within the polling division to which it appertains.Polling station in school or other public buildingWhenever possible, a returning officer shall locate a polling station in a school or other suitable public building and shall locate the polling station or the polling stations in a central polling place, at a place or places in the building that will provide ease of access to electors.Polling station in federal buildingsA returning officer may require the officer in charge of a building owned or occupied by the Government of Canada to make premises in that building available for use as a polling station, and the officer to whom the requirement is directed shall make every reasonable effort to comply with the requirement.
Central polling placeA returning officer may, if he or she considers it advisable, place several polling stations together in a central polling place.Number of polling stationsA returning officer shall not group together more than 15 polling stations in a central polling place without the prior approval of the Chief Electoral Officer.PresumptionOn the establishment of a central polling place under subsection (1), all of the provisions of this Act apply as if each polling station at the central polling place were within the polling division to which it appertains.
Appointments at central polling placeWhen a returning officer establishes a central polling place, the returning officer may appoint, with the prior approval of the Chief Electoral Officer,an information officer to provide information to the electors; anda person responsible for maintaining order.Central poll supervisorWhen a returning officer establishes a central polling place that contains four or more polling stations, the returning officer may appoint a central poll supervisor to attend at the central polling place on polling day to supervise proceedings and keep the returning officer informed of any matter that adversely affects, or is likely to adversely affect, the proceedings.
Mobile polling stationWhen a polling division consisting of two or more institutions is constituted under subsection 538(5) of the Canada Elections Act, the returning officer may establish a mobile polling station to be located in each of those institutions successively.Voting hours for mobile polling stationThe returning officer shall set the times during which a mobile polling station will be located in the institutions referred to in subsection (1).NoticeThe returning officer shall give notice to the agents referred to in subsection 10(1) of the Referendum Act of the itinerary of the mobile polling station in accordance with the instructions of the Chief Electoral Officer.Provisions applicable to mobile pollsSubject to the instructions of the Chief Electoral Officer, the provisions of this Act that relate to ordinary polls shall, in so far as they are applicable, apply to mobile polling stations.
Prohibitions
Prohibitions re ballots, etc.No person shallforge a ballot;without authority under this Act, print a ballot or what purports to be or is capable of being used as a ballot at a referendum;being authorized under this Act to print a ballot, knowingly print more ballot papers than the person is authorized to print;print a ballot or what purports to be or is capable of being used as a ballot at a referendum with the intention 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; ormanufacture, import into Canada, have in possession, supply to a referendum officer, or use for the purpose of a referendum, or cause to be manufactured, imported into Canada, provided to a referendum officer, or used for the purposes of a referendum, a ballot box that contains a compartment into which a ballot may be secretly placed or a device by which a ballot may be secretly altered.
VotingVoting Opportunities
Manner of votingAn elector may votein person at a polling station on polling day;in person at an advance polling station during the period provided for the advance poll; orby means of a special ballot issued in accordance with Part 11.
Polling DayHours
Hours of votingThe voting hours on polling day arefrom 8:30 a.m. to 8:30 p.m., if the electoral district is in the Newfoundland, Atlantic or Central time zone;from 9:30 a.m. to 9:30 p.m., if the electoral district is in the Eastern time zone;from 7:30 a.m. to 7:30 p.m., if the electoral district is in the Mountain time zone; andfrom 7:00 a.m. to 7:00 p.m., if the electoral district is in the Pacific time zone.Exception — SaskatchewanDespite subsection (1), if polling day is during a time of the year when the rest of the country is observing daylight saving time, the voting hours in Saskatchewan arein the case of an electoral district in the Central time zone, from 7:30 a.m. to 7:30 p.m.; andin the case of an electoral district in the Mountain time zone, from 7:00 a.m. to 7:00 p.m.
Daylight-saving timeThe Chief Electoral Officer may, if he or she considers it necessary, set the voting hours for the electoral district so that the opening and closing of its polls coincide with the opening and closing of the polls in other electoral districts in the same time zone.
When polls lie in two time zonesWhen more than one local time is observed in an electoral district, the returning officer shall, with the prior approval of the Chief Electoral Officer, determine one local time to be observed for every operation prescribed by this Act or the Referendum Act, and shall publish the hours in the Notice of Referendum referred to in section 62.
Hours for votingIf a referendum is held only in one or more provinces in the same time zone, the hours of voting are from 8:30 a.m. to 8:30 p.m.
Time to Employees for Voting
Consecutive hours for votingEvery employee who is an elector is entitled, during voting hours on polling day, to have three consecutive hours for the purpose of casting his or her vote and, if his or her hours of work do not allow for those three consecutive hours, his or her employer shall allow the time for voting that is necessary to provide those three consecutive hours.Time at convenience of employerThe time that the employer shall allow for voting under subsection (1) is at the convenience of the employer.Transportation companiesThis section and section 133 do not apply to an employee of a company that transports goods or passengers by land, air or water who is employed outside his or her polling division in the operation of a means of transportation, if the additional time referred to in subsection (1) cannot be allowed without interfering with the transportation service.
No penalty for absence from work to voteNo employer may make a deduction from the pay of an employee, or impose a penalty, for the time that the employer shall allow for voting under subsection 132(1).Hourly, piece-work or other basis of employmentAn employer who pays an employee less than the amount that the employee would have earned on polling day, had the employee continued to work during the time referred to in subsection 132(2) that the employer allowed for voting, is deemed to have made a deduction from the pay of the employee, regardless of the basis on which the employee is paid.
ProhibitionNo employer shall, by intimidation, undue influence or by any other means, interfere with the granting to an elector in their employ of the three consecutive hours for voting, as provided for in section 132.
Proceedings at the Poll
Who may be present at polling stationThe only persons who may be present at a polling station on polling day arethe deputy returning officer and the poll clerk;the returning officer and his or her representatives;not applicable;an agent of each registered referendum committee or a maximum of two witnesses, as the case may be;an elector and a friend or relative who is helping him or her by virtue of subsection 155(1), only for the period necessary to enable the elector to vote; andany observer or member of the Chief Electoral Officer’s staff whom he or she authorizes to be present.Delivery of agent’s or witness’s authorizationWhen an agent of a registered referendum committee or a witness is admitted to a polling station, his or her written authorization in the prescribed form shall be delivered to the deputy returning officer.Agent or witness authorized in writingAn agent of a registered referendum committee or a witness bearing a written authorization referred to in subsection (2) is deemed to be an agent of that committee or a witness within the meaning of this Act and the Referendum Act and is entitled to represent that committee in preference to, and to the exclusion of, any elector who might otherwise claim the right to represent that committee.Oath of secrecyEach agent of a registered referendum committee or witness described in paragraph (1)(d), on being admitted to the polling station, shall take an oath in the prescribed form.
Not applicable.Agents or witnesses may absent themselves from pollThe agents of registered referendum committees and witnesses described in paragraph 135(1)(d) may leave a polling station at any time and return at any time before the counting of the votes begins and are not required to produce new written authorizations or to take another oath.Examination of list of electors and conveying informationAn agent of a registered referendum committee or a witness may, during voting hours,examine the list of electors, provided that the agent or witness does not delay an elector in casting his or her vote; andconvey any information obtained by the examination referred to in paragraph (a) to any agent of the registered referendum committee who is on duty outside the polling station.Communications deviceAn agent of a registered referendum committee or a witness shall not use a communications device at a polling station during voting hours.
Not applicable.Non-attendance of agents or witnessesThe non-attendance of any agent of a registered referendum committee or witness at any time or place authorized by this Act or the Referendum Act does not in any way invalidate any act or thing done during the absence of the representative if the act or thing is otherwise duly done.
Initialling ballotsBefore a polling station opens on polling day, and in full view of the agents of registered referendum committees or witnesses who are present at the polling station, the deputy returning officer shall initial the back of every ballot, entirely in ink or entirely in black pencil so that when the ballot is folded the initials can be seen. The initials shall be as similar as possible on each ballot.Ballots not to be detachedFor the purpose of initialling, the ballots shall not be detached from the books in which they are contained.Vote not to be delayedThe opening of a polling station shall not be delayed for the purpose of initialling the ballots. Ballots that are not initialled when the polling station opens shall be initialled as soon as possible and in all cases before being handed to electors.
Counting of ballots before opening of pollAgents of registered referendum committees or witnesses who are in attendance at least 15 minutes before a polling station opens are entitled to have the ballots intended to be used at the polling station carefully counted in their presence and to inspect the ballots and all other documents relating to the vote.
Examining and sealing ballot boxWhen the polling station opens, the deputy returning officer shall, in full view of the agents of registered referendum committees or witnesses who are present, open the ballot box and ascertain that it is empty, and shallseal the ballot box with the seals provided by the Chief Electoral Officer; andplace the ballot box on a table in full view of all present and ensure that the box remains there until the polling station closes.
Admitting Voters
Calling electorsImmediately after the ballot box is sealed, the deputy returning officer shall call on the electors to vote.
Electors not to be impededThe deputy returning officer shall ensure that every elector is admitted into the polling station and that the electors are not disturbed when they are in or near the polling station.One elector at a timeA deputy returning officer may, if he or she considers it advisable, direct that not more than one elector for each voting compartment may at any time enter the room where the voting is held.
Elector to declare name, etc.Each elector, on arriving at the polling station, shall give his or her name and address to the deputy returning officer and the poll clerk, and, on request, to an agent of a registered referendum committee or to a witness.Proof of identity and residenceIf the poll clerk determines that the elector’s name and address appear on the list of electors or that the elector is allowed to vote under section 146, 147, 148 or 149, then, subject to subsection (3), the elector shall provide to the deputy returning officer and the poll clerk the following proof of his or her identity and residence:one piece of identification issued by a Canadian government, whether federal, provincial or local, or an agency of that government, that contains a photograph of the elector and his or her name and address; ortwo pieces of identification authorized by the Chief Electoral Officer each of which establish the elector’s name and at least one of which establishes the elector’s address.ClarificationFor greater certainty, the Chief Electoral Officer may authorize as a piece of identification for the purposes of paragraph (2)(b) any document, regardless of who issued it.Person registered as an IndianFor the purposes of paragraph (2)(b), a document issued by the Government of Canada that certifies that a person is registered as an Indian under the Indian Act constitutes an authorized piece of identification.OathAn elector may instead prove his or her identity and residence by taking the prescribed oath if he or she is accompanied by an elector whose name appears on the list of electors for the same polling division and whoprovides to the deputy returning officer and the poll clerk the piece or pieces of identification referred to in paragraph (2)(a) or (b), respectively; andvouches for him or her on oath in the prescribed form.Proof of residenceIf the address contained in the piece or pieces of identification provided under subsection (2) or paragraph (3)(a) does not prove the elector’s residence but is consistent with information related to the elector that appears on the list of electors, the elector’s residence is deemed to have been proven.Request to take an oathDespite subsection (3.1), a deputy returning officer, poll clerk, agent of a registered referendum committee or witness who has reasonable doubts concerning the residence of an elector referred to in that subsection may request that the elector take the prescribed oath, in which case his or her residence is deemed to have been proven only if he or she takes that oath.VotingIf the deputy returning officer is satisfied that an elector’s identity and residence have been proven in accordance with subsection (2) or (3), the elector’s name shall be crossed off the list and, subject to section 144, the elector shall be immediately allowed to vote.Prohibition — vouching for more than one electorNo elector shall vouch for more than one elector at a referendum.Prohibition — vouchee acting as voucherAn elector who has been vouched for at a referendum may not vouch for another elector at that referendum.PublicationThe Chief Electoral Officer shall publish each year, and within three days after the issue of a writ, in a manner that he or she considers appropriate, a notice setting out the types of identification that are authorized for the purpose of paragraph (2)(b). The first annual notice shall be published no later than six months after the coming into force of this subsection.
Requirement before administering oathIf a person decides to prove his or her identity and residence by taking the prescribed oath, the person who administers the oath shall, before doing so, orally advise the oath taker of the qualifications for electors and the penalty that may be imposed under this Act on a person who is convicted of voting or attempting to vote at a referendum knowing that he or she is not qualified as an elector.
Proof of qualification as electorA deputy returning officer, poll clerk, agent of a referendum committee or witness who has reasonable doubts concerning whether a person intending to vote is qualified as an elector may request that the person take the prescribed oath, and the person shall not be allowed to vote unless he or she takes that oath.
Proof of identity, etc., or oath not requiredOnce an elector has been given a ballot, no person shall require the elector to prove his or her identity and residence in accordance with subsection 143(2) or (3).
[Repealed]
Name and address corresponding closely to anotherIf a name and address in the list of electors correspond so closely with the name and address of a person who demands a ballot as to suggest that it is intended to refer to that person, the person shall not be allowed to vote unless he or she takes the prescribed oath.
Person in whose name another has votedIf a person asks for a ballot at a polling station after someone else has voted under that person’s name, the person shall not be allowed to vote unless he or she takes the prescribed oath.
Name inadvertently crossed off listIf an elector claims that his or her name has been crossed off in error from an official list of electors under subsection 176(2) or (3), the elector shall not be allowed to vote unless the returning officer verifies that the elector’s name was crossed off in error or the elector takes the oath referred to in section 147.
Failure to prove identity or residenceAn elector who fails to prove his or her identity and residence in accordance with subsection 143(2) or (3) or to take an oath otherwise required by this Act shall not receive a ballot or be allowed to vote.When elector refuses to take improper oathIf an elector refuses to take an oath because he or she is not required to do so under this Act, the elector may appeal to the returning officer. If, after consultation with the deputy returning officer or the poll clerk of the polling station, the returning officer decides that the elector is not required to take the oath, and if the elector is entitled to vote in the polling division, the returning officer shall direct that he or she be allowed to do so.
Elector not allowed to voteAn elector whose name does not appear on the official list of electors in his or her polling station shall not be allowed to vote unlessthe elector gives the deputy returning officer a transfer certificate described in section 158 or 159 and, for a certificate described in subsection 158(2), fulfils the conditions described in subsection 158(3);the deputy returning officer ascertains with the returning officer that the elector is listed on the preliminary list of electors or was registered during the revision period; orthe elector gives the deputy returning officer a registration certificate described in subsection 161(4).
Voting Procedure
Delivery of ballot to electorEvery elector who is admitted to vote shall be given a ballot by the deputy returning officer.Instructions to elector on receiving ballotThe deputy returning officer shall explain to each elector how to indicate his or her choice and fold the ballot so that its serial number and the initials of the deputy returning officer are visible and shall direct the elector to return the marked and folded ballot.
Manner of votingAn elector shall, after receiving a ballot,proceed directly to the voting compartment;mark the ballot with a cross or other mark in the circular space opposite the word “yes” or “no” according to his or her choice;fold the ballot as instructed by the deputy returning officer; andreturn the ballot to the deputy returning officer.Return of ballotThe deputy returning officer shall, on receiving the ballot from the elector,without unfolding the ballot, verify that it is the same one that was handed to the elector by examining its serial number and the initials on it;remove and destroy the counterfoil in full view of the elector and all other persons present; andreturn the ballot to the elector to deposit in the ballot box or, at the elector’s request, deposit it in the ballot box.
Spoiled ballotIf an elector has inadvertently handled a ballot in such a manner that it cannot be used, the elector shall return it to the deputy returning officer who shall mark it as a spoiled ballot, place it in the envelope supplied for the purpose and give the elector another ballot.LimitAn elector shall not be given more than one ballot under subsection (1).
No delay in votingEvery elector shall vote without delay and leave the polling station as soon as his or her ballot has been put into the ballot box.Electors present at close of voting hours allowed to voteAn elector who is entitled to vote at a polling station and who is in the polling station or in line at the door at the close of voting hours shall be allowed to vote.
Special Voting Procedures
Assistance by deputy returning officerThe deputy returning officer, on request by an elector who is unable to vote in the manner prescribed by this Act because he or she cannot read or has a physical disability, shall assist the elector in the presence of the poll clerk.TemplateThe deputy returning officer shall, on request, provide a template to an elector who has a visual impairment to assist him or her in marking his or her ballot.
Assistance by friend or related personIf an elector requires assistance to vote, a friend, the spouse, the common-law partner or a relative of the elector or a relative of the elector’s spouse or common-law partner may accompany the elector into the voting compartment and assist the elector to mark his or her ballot.ExceptionNo person shall as a friend assist more than one elector for the purpose of marking a ballot.OathA person described in subsection (1) who wishes to assist an elector in marking a ballot shall first take an oath, in the prescribed form, that he or shewill mark the ballot in the manner directed by the elector;will not disclose the answer to a referendum question for which the elector voted;will not try to influence the elector in choosing an answer to a referendum question; andhas not, during the current referendum, assisted another person, as a friend, to mark a ballot.Prohibition — failure to maintain secrecyNo person who assists an elector under this section shall, directly or indirectly, disclose the answer to a referendum question for which the elector voted.
Use of interpreterA deputy returning officer may appoint and swear a language or sign language interpreter to assist the officer in communicating to an elector any information that is necessary to enable him or her to vote.
Elector who is confined to bedAt a polling station that has been established in a home for the aged or in a chronic care facility, when the deputy returning officer considers it necessary, the deputy returning officer and the poll clerk shallsuspend temporarily the voting in the polling station; andwith the approval of the person in charge of the institution, carry the ballot box, ballots and other necessary referendum documents from room to room in the institution to take the votes of electors who are confined to bed and ordinarily resident in the polling division in which the institution is situated.Procedure for taking the votesWhen the vote of an elector who is confined to bed is taken, the deputy returning officer shall give the elector the assistance necessary to enable the elector to vote.
Transfer Certificates
Not applicable.Transfer certificate for referendum officerA returning officer or an assistant returning officer shall issue a transfer certificate to any person whose name appears on the official list of electors for a polling station and who has been appointed, after the last day of advance polls, to act as a referendum officer for another polling station.ConditionA transfer certificate issued under subsection (2) authorizes the person to vote at the polling station named in it only if, on polling day, the person performs the duty specified in the certificate at the place mentioned in the certificate.Transfer certificate for elector whose polling station has movedIf an elector’s polling station moves to another location after the notice of confirmation of registration has been sent, an elector who attends at the polling station set out in the notice is entitled on request to receive a transfer certificate to vote at that polling station.
Transfer certificate for elector with a disabilityAn elector who is in a wheelchair or who has a physical disability, and who is unable to vote without difficulty in his or her polling division because it does not have a polling station with level access, may apply for a transfer certificate to vote at another polling station with level access in the same electoral district.Application requirementsThe application shall be in the prescribed form and shall be personally delivered to the returning officer or assistant returning officer for the elector’s electoral district by the elector, his or her friend, spouse, common-law partner or relative, or a relative of his or her spouse or common-law partner.Issue of transfer certificate to disabled electorThe returning officer or assistant returning officer shall issue a transfer certificate in the prescribed form, and hand the certificate to the person who delivered the application to the officer, if the officer is satisfied thatthe elector’s name appears on a list of electors for the electoral district; andthe polling station established for the polling division in which the elector resides does not have level access.
Signing, numbering and recording transfer certificateThe returning officer or assistant returning officer by whom a transfer certificate is issued shallfill in and sign the certificate and mention on it the date of its issue;consecutively number the certificate in the order of its issue;keep a record of the certificate in the order of its issue on the prescribed form;not issue the certificate in blank; andif possible, send a copy of the certificate to the deputy returning officer for the polling station on whose list of electors the name of the person to whom the certificate has been issued appears.
Polling Day Registration
Registration in personAn elector whose name is not on the list of electors may register in person on polling day if the electorprovides 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; orproves 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 whoprovides 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, andvouches for him or her on oath in the prescribed form, which form must include a statement as to the residence of both electors.Place of registrationWhere subsection (1) applies, the registration may take place beforea registration officer at a registration desk established under subsection 39(1); ora deputy returning officer at a polling station with respect to which the Chief Electoral Officer determines that the officer be authorized to receive registrations.Not applicable.Registration certificateWhere 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.List deemed to be modifiedWhen 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.Prohibition — vouching for more than one electorNo elector shall vouch for more than one elector at a referendum.Prohibition — vouchee acting as voucherAn elector who has been vouched for at a referendum may not vouch for another elector at that referendum.
Requirement before administering oathIf a person decides to prove his or her identity and residence by taking the prescribed oath, the person who administers the oath shall, before doing so, orally advise the oath taker of the qualifications for electors.
Duties of Poll Clerk
Duties of poll clerkEach poll clerk shallmake, on the prescribed form, the entries that the deputy returning officer directs under this Act;as soon as the elector’s ballot has been deposited in the ballot box, indicate, beside the name of the elector on the list of electors, that the elector has voted;indicate, if applicable, on the prescribed form that the elector has voted under a transfer certificate issued under section 158 or 159 and give the number of the certificate;indicate, if applicable, on the prescribed form that the elector has voted, under paragraph 149(b), without his or her name being on the official list of electors;indicate, if applicable, on the prescribed form that the elector has voted under section 146;indicate, if applicable, on the prescribed form that the elector has taken an oath and the type of oath;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 take an oath;indicate, if applicable, on the prescribed form that the elector has been allowed to vote under subsection 148.1(2);indicate, if applicable, on the prescribed form that an elector has voted in the circumstances described in section 147, that the prescribed oath has been taken or that any other oath that was required to be taken was taken, note any objection that was made on behalf of a registered referendum committee and indicate the committee’s name;on request, and at intervals of no less than 30 minutes, provide to an agent of a registered referendum committee, on the prescribed form and as directed by the Chief Electoral Officer, the identity of every elector who has exercised his or her right to vote on polling day, excluding that of electors who registered on that day;on request, after the close of the advance polling station, provide to an agent of a registered referendum committee, on the prescribed form and as directed by the Chief Electoral Officer, the identity of every elector who has exercised his or her right to vote on that day excluding that of electors who registered on that day; andindicate, if applicable, on the prescribed form, that an elector has voted under a registration certificate issued under subsection 161(4).
Secrecy
Secret voteThe vote is secret.
Secrecy during and after pollEvery referendum officer, agent of a registered referendum committee, witness or other person present at a polling station or at the counting of the votes shall maintain the secrecy of the vote.Secrecy at the pollExcept as provided by this Act, no elector shallon entering the polling station and before receiving a ballot, openly declare for which answer to a referendum question the elector intends to vote;show his or her ballot, when marked, so as to allow the answer to a referendum question for which the elector has voted to be known; orbefore leaving the polling station, openly declare for which answer to a referendum question the elector has voted.Procedure in case of contravention of secrecyIt 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.
Prohibitions
Prohibition — use of loudspeakers on polling dayNo person shall use a loudspeaking device within hearing distance of a polling station on polling day for the purpose of promoting or opposing an answer to a referendum question.
Prohibitions — emblems, etc., in polling stationNo person shallpost or display in, or on the exterior surface of, a polling place any referendum literature or other material that could be taken as an indication of support for or opposition to an answer to a referendum question;while in a polling station, wear any emblem, flag, banner or other thing that indicates that the person supports or opposes an answer to a referendum question; andin a polling station or in any place where voting at a referendum is taking place, influence electors to vote or refrain from voting or vote or refrain from voting for a particular answer to a referendum question.Not applicable.
Prohibitions re ballots, etc.No person shallapply for a ballot in a name that is not his or her own;use a forged ballot;knowing that he or she is without authority under this Act to do so, provide a ballot to any person; orknowing that he or she is without authority under this Act to do so, have a ballot in his or her possession.Other prohibitionsNo person shall wilfullyalter, deface or destroy a ballot or the initials of the deputy returning officer signed on a ballot;put or cause to be put into a ballot box a ballot or other paper otherwise than as provided by this Act;take a ballot out of the polling station; ordestroy, take, open or otherwise interfere with a ballot box or book or packet of ballots.Prohibitions — deputy returning officersNo deputy returning officer shallwith 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 a referendum; orplace 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.
Advance PollingEstablishment of Advance Polling Stations
Establishment of advance polling districtsEach 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.Description of districtsThe returning officer shall give the Chief Electoral Officer a description of each advance polling district that is established.Establishment of advance polling stationAn advance polling station shall be established in each advance polling district.Combining advance polling districtsWhen 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.Request to move an advance polling stationWhen 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.Level accessAn advance polling station shall be in premises with level access.ExceptionIf 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.
Registration
Registration at advance polling stationEvery 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.ConditionsAn elector shall not be registered unless he or sheprovides 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; orproves 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 whoprovides 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, andvouches for him or her on oath in the prescribed form, which form must include a statement as to the residence of both electors.Registration certificateIf the elector satisfies the requirements of subsection (2), the deputy returning officer shall complete a registration certificate in the prescribed form and the elector shall sign it.EntryThe poll clerk shall indicate on the prescribed form the names of the electors who are permitted to vote under this section.Prohibition — vouching for more than one electorNo elector shall vouch for more than one elector at a referendum.Prohibition — vouchee acting as voucherAn elector who has been vouched for at a referendum may not vouch for another elector at that referendum.
Requirement before administering oathIf a person chooses to prove his or her identity and residence by taking the prescribed oath, the person who administers the oath shall, before doing so, orally advise the oath taker of the qualifications for electors.
List deemed to be modifiedWhen a registration certificate is completed and signed in accordance with subsection 169(3), the list of electors is deemed to have been modified in accordance with the certificate.
Voting Procedure
Conduct of advance pollsExcept as provided in this Part, an advance poll shall be conducted in the same manner as the manner in which the vote at a polling station on polling day is conducted and shall be regarded as such for all purposes of this Act.When advance polls to be openAn advance poll shall only be open between the hours of noon and 8:00 p.m. on Friday, Saturday and Monday, the 10th, 9th and 7th days, respectively, before polling day.
Notice of advance pollEach returning officer shall, not later than Saturday, the 16th day before polling day,give a notice, in the prescribed form, in the electoral district of the advance poll, that sets out the following information:the numbers of the polling divisions in every advance polling district established by the returning officer,the location of each advance polling station,the place where the deputy returning officer of each advance polling station shall count the number of votes cast at the advance polling station, andthat the counting of the votes cast shall take place on polling day as soon after the close of the polling stations as possible; andsend two copies of the notice to the Chief Electoral Officer.
Who may vote at advance pollsAn elector whose name is on the revised list of electors for a polling division in an advance polling district may vote at the advance polling station established for the advance polling district.Elector not on the revised listAn elector whose name is not on the revised list of electors may not vote at an advance polling station unlessthe deputy returning officer has ascertained with the returning officer that the elector is listed on the preliminary list of electors or was registered during the revision period; orthe elector has obtained a registration certificate in accordance with subsection 169(3).Procedure by poll clerkIf an elector whose name does not appear on the revised list of electors has voted, the poll clerk shall indicate on the prescribed form that the elector has voted in accordance with subsection (2).
Duties of deputy returning officerIf 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, the deputy returning officer shall permit the elector to vote unlessthe elector fails to prove his or her identity and residence in accordance with subsection 143(2) or (3) or to take an oath otherwise required by this Act; orthe person refuses to sign the record of votes cast at an advance polling station referred to in subsection (2), as directed by the poll clerk under that subsection.Record of votes castThe poll clerk at the advance polling station shall, under the direction of the deputy returning officer, keep a record in duplicate, 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 shallmark on the record the notations that the poll clerk is required by this Act to make opposite an elector’s name at a polling station on polling day; anddirect the elector to sign the record opposite his or her name.
Examining and sealing of ballot boxAt the opening of an advance polling station at noon on the first day of voting, the deputy returning officer shall, in full view of the agents of registered referendum committees or witnesses who are present,open the ballot box and ascertain that it is empty;seal the ballot box with the seals provided by the Chief Electoral Officer; andplace 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.Close of advance pollAt the close of the advance polling station at 8:00 p.m. on each of the three days of voting, the deputy returning officer shall, in full view of the agents of registered referendum committees or witnesses who are present,unseal and open the ballot box;empty the ballots cast during that day, in a manner that does not disclose for which answer to a referendum question any elector has voted, into the envelope supplied for the purpose, seal the envelope with the seal provided by the Chief Electoral Officer and indicate on it the number of ballots contained in it;count the spoiled ballots, place them in the envelope supplied for the purpose, seal the envelope and indicate on it the number of spoiled ballots contained in it;count the unused ballots and the number of electors who have voted at the advance polling station and place the unused ballots and a copy of the record of votes cast at the advance polling station in the envelope supplied for the purpose, seal the envelope with the seal provided by the Chief Electoral Officer and indicate on it the number of unused ballots contained in it and the number of electors who have voted; andplace the envelopes referred to in paragraphs (b) to (d) in the ballot box after the signatures have been made as described in subsection (3), and seal the ballot box.Affixing of signaturesThe deputy returning officer and poll clerk shall place their signatures on the seals affixed to the envelopes referred to in paragraphs (2)(b) to (d). The agents of registered referendum committees or witnesses who are present may also place their signatures on the seals.Re-opening of advance pollAt the re-opening of the advance polling station at noon on the second and third days of voting, the deputy returning officer shall, in full view of the agents of registered referendum committees or witnesses who are present,unseal and open the ballot box, leaving in it the sealed envelopes containing the spoiled ballots and the ballots cast on the previous day or days of voting;take out and open the envelope that contains the unused ballots and the record of votes cast at the advance polling station; andseal the ballot box, place it on the table in full view of all present and keep it there until the close of the advance polling station on that day.Custody of ballot boxIn the intervals between voting hours at the advance polling station and until the counting of the ballots on polling day, the deputy returning officer shall keep the sealed ballot box in his or her custody.Agents or witnesses may check sealsWhen an advance polling station closes on each of the three days of the vote, the agents of registered referendum committees or witnesses may take note of the serial number of the seal on the ballot box, and may again take note of the serial number when the advance polling station is re-opened on each of the three days of voting and when the votes are counted on polling day.
Collecting the record of votes cast at an advance polling stationAs soon as possible after the close of advance polling stations on Monday, the seventh day before polling day, the returning officer shall have the original copy of the record of votes cast collected from the advance polling stations.Crossing off names of voters at advance polls from listsWithout delay after the returning officer collects the records of votes cast at advance polling stations, he or she shall cross off the lists of electors the names of all electors who voted at the advance polling stations.When lists already distributedIf 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 the deputy returning officer to cross their names off the list, and the deputy returning officer shall do so without delay.
Special Voting RulesInterpretation and Application
DefinitionsThe definitions in this section apply in this Part.administrative centre means an area established under section 180 for the distribution of materials and the provision of information. (centre administratif)application for registration and special ballot means an application completed by an elector, other than a Canadian Forces elector, in order to vote under this Part. (demande d’inscription et de bulletin de vote spécial)Canadian Forces elector means an elector who is entitled to vote under Division 2. (électeur des Forces canadiennes)commanding officer means the commanding officer of a unit. (commandant)coordinating officer means the person so designated by the Minister of National Defence under subsection 199(1) or a person so designated by the minister responsible for corrections in a province under section 246. (agent coordonnateur)deputy returning officer means an elector so designated in accordance with this Part by a commanding officer or returning officer. (scrutateur)incarcerated elector means an elector who is incarcerated in a correctional institution. (électeur incarcéré)inner envelope means an envelope that is supplied by the Chief Electoral Officer in which a ballot is to be enclosed after it has been marked. (enveloppe intérieure)liaison officer means a Canadian Forces elector designated under section 201 or a person appointed under subsection 248(1). (agent de liaison)outer envelope means an envelope that is supplied by the Chief Electoral Officer for the transmission of a ballot after it has been marked and enclosed in an inner envelope. (enveloppe extérieure)special ballot means a ballot that is supplied to an elector who is entitled to vote under this Part. (bulletin de vote spécial)special ballot officer means a person who is appointed by the Chief Electoral Officer under section 183 or 184. (agent des bulletins de vote spéciaux)special voting rules administrator means a person who is appointed under section 181 of the Canada Elections Act. (administrateur des règles électorales spéciales)statement of ordinary residence means a statement completed under section 194 or 195. (déclaration de résidence habituelle)unit has the same meaning as in subsection 2(1) of the National Defence Act and includes a base or other element. (unité)voting territory means an area that is established by or under section 180. (territoire de vote)
Not applicable.
InstructionsFor the purpose of applying this Part to, or adapting any provision of this Part in respect of, a particular circumstance, the Chief Electoral Officer may issue any instructions that he or she considers necessary in order to execute its intent.
Administration and General Procedures
Establishment of voting territoriesFor the purpose of this Part, a voting territory with headquarters in Ottawa is hereby established. The Chief Electoral Officer may establish any additional voting territories or administrative centres in or outside Canada that he or she considers appropriate.
Not applicable.
Duties of special voting rules administratorThe special voting rules administrator shallsecure suitable premises;retain the oath of office of each special ballot officer;obtain from the liaison officers the lists prepared under paragraph 204(1)(b);obtain from the liaison officers the lists of the names of deputy returning officers that the commanding officers are required to provide;distribute the referendum materials and the text of any referendum question;receive, validate, examine and sort the completed outer envelopes that contain special ballots marked by electors;proceed with the counting of the votes of electors; andcommunicate the results of the votes cast in accordance with this Part.
Special ballot officersAfter the issue of the writs, the Chief Electoral Officer shall appoint a minimum of six special ballot officers as follows:three, on the recommendation of the Prime Minister or a person whom the Prime Minister designates in writing;two, on the recommendation of the Leader of the Opposition or a person whom that Leader designates in writing; andone, on the recommendation of the Leader of the registered party that has the third largest number of members in the House of Commons as of the last general election, or a person whom that Leader designates in writing.Appointment of special ballot officersA special ballot officer shall be appointed in the prescribed form.
Appointment of additional special ballot officersIf the Chief Electoral Officer is of the opinion that the number of special ballot officers appointed under section 183 is insufficient, the Chief Electoral Officer shall appoint additional special ballot officers on recommendations that are, as nearly as possible, in accordance with subsection 183(1).Decision of Chief Electoral OfficerIf the registered parties do not nominate the additional special ballot officers under subsection (1) within 24 hours after notification by the Chief Electoral Officer, the Chief Electoral Officer shall make the appointments from among individuals that he or she selects.
Merger of partiesIn the case of a merger of two or more of the registered parties that are represented by the Prime Minister, the Leader of the Opposition or the Leader of the registered party that has the third largest number of members in the House of Commons as of the last general election, the person who may recommend special ballot officers under paragraph 183(1)(c) is the leader of the registered party with the largest number of members in the House of Commons as of the last general election among registered parties other than those three.Decision of Chief Electoral OfficerIn the case of a merger referred to in subsection (1), if there is no registered party whose leader may nominate special ballot officers under paragraph 183(1)(c), the Chief Electoral Officer shall make the appointments from among individuals that he or she considers appropriate.
Not applicable.
Not applicable.
Not applicable.
Distribution of referendum materials, etc.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 placewithout delay after the writs are issued, a sufficient quantity of referendum materials, including street indexes and guides to electoral districts for the purpose of determining in which electoral district an elector is entitled to vote;not applicable.
Canadian Forces ElectorsDefinitions
DefinitionsThe definitions in this section apply in this Division.elector means a person who is a Canadian Forces elector under section 191. (électeur)voting period means the period beginning 14 days before polling day and ending 9 days before polling day. (période de scrutin)
Voting Entitlement and Electoral Districts
Canadian Forces electorsAny of the following persons is a Canadian Forces elector if he or she is qualified as an elector under section 3 and is not disentitled from voting at a referendum under section 4:a member of the regular force of the Canadian Forces;a member of the reserve force of the Canadian Forces on full-time training or service or on active service;a member of the special force of the Canadian Forces; anda person who is employed outside Canada by the Canadian Forces as a teacher in, or as a member of the administrative support staff for, a Canadian Forces school.
Voting limited to electoral district of ordinary residenceAn elector is only entitled to vote under this Division in respect of the electoral district that includes the place of ordinary residence that the elector has named in his or her statement of ordinary residence.
Voting in actual place of ordinary residenceAn elector who has not voted under this Division may vote at the polling station established for the polling division of the elector’s place of ordinary residence named in section 192 but only if he or she ordinarily resides in the electoral district referred to in that section as of polling day.
Statement of Ordinary Residence
Completion on enrolment, etc.In order to vote under this Division, a person shall, without delay after becoming an elector described in paragraph 191(a), (c) or (d) by virtue of his or her being enrolled in or hired by the Canadian Forces, complete a statement of ordinary residence in the prescribed form that indicateshis or her surname, given names, sex and rank;his or her date of birth;the civic address of his or her place of ordinary residence in Canada immediately before the enrolment or hiring; andhis or her current mailing address.Completion on becoming ordinarily residentA person who cannot complete a statement of ordinary residence under subsection (1) because he or she did not have a place of ordinary residence in Canada when enrolled in or hired by the Canadian Forces shall, without delay after being able to indicate a place referred to in paragraph (4)(a) or (b) as his or her place of ordinary residence, complete a statement of ordinary residence in accordance with subsection (1), indicating that place as his or her place of ordinary residence.Members of Canadian Forces not entitled to voteA person who was not qualified as an elector when enrolled in or hired by the Canadian Forces shall, without delay after becoming qualified, complete a statement of ordinary residence in accordance with subsection (1) that indicates a place of ordinary residence described in subsection (4).Change of ordinary residence, etc.An elector may amend the information in his or her statement of ordinary residence and may indicate as a place of ordinary residence the civic address ofthe place of ordinary residence of the spouse, the common-law partner, a relative or a dependant of the eligible elector, a relative of his or her spouse or common-law partner or a person with whom the elector would live but for his or her being enrolled in or hired by the Canadian Forces;the place where the member is residing by reason of his or her performance of services as a member of the Canadian Forces; orthe elector’s place of ordinary residence immediately before being enrolled in or hired by the Canadian Forces.When no statement completedAn elector described in subsection (1), (2) or (3) who has not completed a statement of ordinary residence in accordance with subsection (1) may do so at any time.Coming into force of amendmentsAn amendment to a statement of ordinary residence takes effectif it is made during a referendum period, 14 days after polling day; andif it is made at any other time, 60 days after the commanding officer of the elector’s unit receives it.Optional informationIn addition to the information specified in subsection (1), the Chief Electoral Officer may invite the elector to provide other information that the Chief Electoral Officer considers necessary to implement agreements made under section 55 of the Canada Elections Act, but the elector is not required to provide that information.
Completion by reserve member not on active serviceA member of the reserve force of the Canadian Forces who is not on active service and who, at any time during the period beginning on the issue of the writs and ending on the Saturday immediately before polling day, is on full-time training or service, shall complete a statement of ordinary residence in the prescribed form that indicatesthe member’s surname, given names, sex and rank;the member’s date of birth;the civic address of the member’s place of ordinary residence in Canada immediately before that full-time training or service began; andthe member’s current mailing address.Completion by reserve member on active serviceEvery member of the reserve force of the Canadian Forces who is placed on active service, other than a member who immediately before being placed on active service was on full-time training or service and completed a statement of ordinary residence in accordance with subsection (1) after that full-time training or service began, shall complete a statement of ordinary residence in the same form as in subsection (1) that indicatesthe member’s surname, given names, sex and rank;the member’s date of birth;the civic address of the member’s place of ordinary residence in Canada immediately before the member was placed on active service; andthe member’s current mailing address.Members of reserve force not entitled to voteA member of the reserve force of the Canadian Forces referred to in subsection (1) or (2) who was not qualified as an elector while on full-time training or service shall, without delay after becoming qualified, complete a statement of ordinary residence in accordance with subsection (1) or (2), as the case may be, that indicates a place of ordinary residence described in subsection (4).Change of ordinary residence, etc.An elector may amend the information in his or her statement of ordinary residence and may indicate as a place of ordinary residence the civic address ofthe place of ordinary residence of a person with whom the elector would live but for his or her being on training or service or a person designated by the elector as next of kin;the place where the elector is residing by reason of his or her being on training or service; orthe elector’s place of ordinary residence immediately before being on training or service.When no statement completedAn elector described in subsection (1), (2) or (3) who has not completed a statement of ordinary residence in accordance with subsection (1) or (2), as the case may be, may do so at any time.Coming into force of amendmentsAn amendment to a statement of ordinary residence takes effectif it is made during a referendum period, 14 days after polling day; andif it is made at any other time, 60 days after the commanding officer of the elector’s unit receives it.Optional informationIn addition to the information specified in subsection (1), the Chief Electoral Officer may invite the member to provide other information that the Chief Electoral Officer considers necessary to implement agreements made under section 55 of the Canada Elections Act, but the member is not required to provide that information.
Statement to be sent to Chief Electoral OfficerThe original of a statement of ordinary residence of an elector, other than a statement completed under section 195, shall be sent to the Chief Electoral Officer and a copy of that original shall be kept in the unit in which the elector is serving.ValidationOn receiving the statement of ordinary residence, the Chief Electoral Officer shallvalidate it by indicating on it the name of the electoral district that includes the place of ordinary residence shown in the statement; andreturn it to the commanding officer of the unit in which the elector is serving.Retention of validated statementOn receiving the statement of ordinary residence, the commanding officer shall destroy the copy kept under subsection (1) and keep the validated original with the elector’s unit service documents.Prior statements to be destroyedOn receiving the validated statement of ordinary residence, the commanding officer may destroy any other original or copy of a statement of ordinary residence that was filed with the elector’s unit service documents.
Filing of reservists’ statementsA statement of ordinary residence completed by a member of the reserve force of the Canadian Forces under section 195 shall be filed with the unit in which the member is on full-time training or service or active service, as the case may be.
Retention of statementsStatements of ordinary residence shall be retained for a period of one year after a person ceases to be entitled to vote under this Division and may be destroyed at the end of that period.
Coordinating Officer
DesignationThe Minister of National Defence shall designate a person as a coordinating officer to work, during and between referendums, with the Chief Electoral Officer in carrying out the purposes and provisions of this Division.DutiesThe coordinating officer shall, on request, provide to the Chief Electoral Officer the following information relating to each elector:the elector’s surname, given names, sex and rank;the elector’s date of birth;the civic address of the elector’s place of ordinary residence indicated on any validated statement of ordinary residence; andthe elector’s current mailing address.
Steps to Prepare for Vote
Duties of Chief Electoral OfficerWithout delay after the issue of the writs, the Chief Electoral Officer shall inform the Minister of National Defence and the coordinating officer of their issue and of the location of voting territories and administrative centres.
Duties of Minister of National DefenceOn being informed of the issue of the writs, the Minister of National Defence shall designate one or more electors to act as liaison officers for the vote.
Duties of coordinating officerOn being informed of the issue of the writs, the coordinating officer shallinform each commanding officer of their issue; andinform the Chief Electoral Officer of the name and address of each liaison officer.
Duty of liaison officers to communicate with unitOn being designated, a liaison officer shall communicate with each commanding officer in respect of whose unit the liaison officer has liaison duties, with respect to any matter that relates to the vote.Duty to cooperate with Chief Electoral OfficerA liaison officer shall cooperate with the Chief Electoral Officer in the administration of the vote.
Duties of Commanding Officers
NoticeOn being informed of the issue of the writs, each commanding officer shallpublish a notice as a part of unit orders; andprepare a list of the names of the electors of his or her unit.Contents of noticeThe notice shall notify electors that a referendum has been called and of the date of polling day and shall inform the electors thatthey may vote in accordance with this Division; andthe commanding officer will designate one or more deputy returning officers to collect their votes and fix the voting times during the voting period.Contents of listThe list shall be arranged alphabetically and shall indicate each elector’s surname, given names, sex and rank, andif the elector’s statement of ordinary residence has been validated, the name of the elector’s electoral district; orif the elector’s statement of ordinary residence has not been validated, the place of ordinary residence as indicated in the statement of ordinary residence.
Duties of commanding officerWithin seven days after being informed of the issue of the writs, each commanding officer shallestablish polling stations;designate an elector as the deputy returning officer for each polling station;through a liaison officer, provide the Chief Electoral Officer with a list of the designated deputy returning officers and their ranks, and sufficient copies of the list of electors for the unit; andprovide the designated deputy returning officers with a copy of the list of electors for the unit.FacilitiesEach commanding officer shall provide the facilities that are necessary to enable the electors to vote in accordance with this Division.Voting timesEach commanding officer shall fix the voting times so that the polling stations in his or her unit are open for at least three hours a day on at least three days during the voting period.
Mobile polling stationA commanding officer may establish a mobile polling station in any area for the purpose of collecting the votes of electors who cannot conveniently reach polling stations established at their unit.Opening periodA mobile polling station shall remain in an area and be open for the collection of votes for the days and hours during the voting period that the commanding officer considers necessary to give electors in the area a reasonable opportunity to vote.
Joint polling stationsThe commanding officers of units that are in the same locality may establish one polling station for all electors in their units, if the commanding officers consider that it would be expedient for the purposes of this Division.
Notice of polling stations and voting timesDuring each of three or more days before the voting period and on each day on which the vote is held, each commanding officer shall publish in his or her unit’s orders and put in a conspicuous place a notice that statesthe days on which the electors may vote;the precise location of, and the voting hours at, each polling station, other than a mobile polling station; andin the case of a mobile polling station, its location and the anticipated period during which it is to remain at that location.
Referendum materialsOn receiving referendum materials and the text of any referendum question, each commanding officer shalldistribute the materials in sufficient quantities to the designated deputy returning officers; andpost copies of the text in conspicuous places.
Voting
Duties of deputy returning officerDuring the voting period, a deputy returning officer for a unit shall, at each polling station,put in conspicuous places two or more copies of voting instructions provided by the Chief Electoral Officer and relating to the vote under this Division in the prescribed form; andkeep available for consultation by the electors one copy of this Part, one set of street indexes, and one guide to electoral districts.
Not applicable.
Completion of certain documentsBefore delivering a special ballot to an elector, a deputy returning officer shall require the elector to complete a statement of ordinary residence, if none has been placed in the elector’s unit service documents, and to make and sign the declaration on the outer envelope.
Provision of special ballot, etc.A deputy returning officer shall, on completion of the documents referred to in section 212, give the elector a special ballot, an inner envelope and the outer envelope signed by the elector.Voting on special ballotThe elector shall vote by marking a cross or other mark in the circular space provided opposite the word “yes” or “no” on the special ballot, in private, folding the special ballot and, in the presence of the deputy returning officer,placing the folded special ballot in the inner envelope and sealing the envelope; andplacing the inner envelope in the outer envelope and sealing the outer envelope.Not applicable.Spoiled special ballotIf an elector has inadvertently handled a special ballot in such a manner that it cannot be used, the elector shall return it to the deputy returning officer who shall mark it as spoiled and give an additional special ballot to the elector.LimitAn elector shall not be given more than one special ballot under subsection (4).
Return of vote — informationThe deputy returning officer shall inform an elector that, in order to be counted, the outer envelope must be received by the special voting rules administrator in Ottawa not later than 6:00 p.m. on polling day. The deputy returning officer shall inform the elector of the location of the nearest post office or mail box and of the service provided by the Canadian Forces to deliver the outer envelope.Sending the outer envelopeIf the elector does not use the delivery service provided by the Canadian Forces, it is the elector’s responsibility to ensure that the outer envelope is sent to the special voting rules administrator.PostageIf the elector chooses to use a postal service, the deputy returning officer must ensure that sufficient postage is affixed to the outer envelope.
Voting by deputy returning officerA deputy returning officer who is qualified to vote may vote in accordance with this Division.
AssistanceIf an elector is, because of a physical disability, unable to vote in the manner described in this Division, the deputy returning officer shall assist him or her bycompleting the declaration on the outer envelope and writing the elector’s name where his or her signature is to be written; andmarking the special ballot as directed by the elector in his or her presence and in the presence of another elector selected by the elector as a witness.Note and keeping vote secretThe deputy returning officer and an elector acting as a witness shallsign a note on the outer envelope indicating that the elector was assisted; andkeep secret the answer to any referendum question for which the elector voted.
Hospitalized or convalescing electorAn elector who is a patient in a service hospital or convalescent institution during the voting times fixed for the polling stations in his or her unit is deemed to be a member of the unit under the command of the officer in charge of the hospital or institution.Deputy returning officer for hospitalized electorsIf no deputy returning officer has been designated for a service hospital or convalescent institution, the deputy returning officer for the unit to which the hospital or institution belongs is the deputy returning officer for electors who are patients in the hospital or institution.Bed-ridden electorsA deputy returning officer for electors who are patients in a service hospital or convalescent institution may, if that officer considers it advisable and the commanding officer for the unit approves, go from room to room to administer and collect the votes of electors who are confined to bed.
Duty, leave or furloughAn elector who provides satisfactory evidence of their absence from their unit during the voting times fixed for the polling stations in his or her unit because of duty, leave or furlough may apply to a deputy returning officer of another unit to vote at that officer’s polling station.
End of voting period — delivery of documentsAt the end of the voting period, the deputy returning officer for a unit shall deliver to the unit’s commanding officerthe outer envelopes that contain the marked special ballots;any unused or spoiled outer envelopes;any unused or spoiled special ballots and unused inner envelopes; andin a separate and clearly identified parcel, every statement of ordinary residence completed at the time of voting.Duties of commanding officerOn receipt of the documents referred to in subsection (1), the commanding officer shalldeal with the originals and copies of the statements of ordinary residence in accordance with this Division; anddeliver to the Chief Electoral Officer all other documents and referendum materials received from the deputy returning officers.
Electors Temporarily Resident Outside Canada
DefinitionsThe definitions in this section apply in this Division.elector means an elector, other than a Canadian Forces elector, who resides temporarily outside Canada. (électeur)register means the register referred to in subsection 222(1). (registre)
Inclusion in register of electors temporarily resident outside CanadaAn elector may vote under this Division if his or her application for registration and special ballot is received in Ottawa by 6:00 p.m. on the 6th day before polling day and his or her name is entered on the register.
Register of electorsThe Chief Electoral Officer shall maintain a register of electors who are temporarily resident outside Canada in which is entered the name, date of birth, civic and mailing addresses, sex and electoral district of each elector who has filed an application for registration and special ballot and whoat any time before making the application, resided in Canada;has been residing outside Canada for less than five consecutive years immediately before making the application; andintends to return to Canada to resume residence in the future.ExceptionParagraph (1)(b) does not apply to an elector who isemployed outside Canada in the federal public administration or the public service of a province;employed outside Canada by an international organization of which Canada is a member and to which Canada contributes;a person who lives with an elector referred to in paragraph (a) or (b); ora person who lives with a member of the Canadian Forces or with a person referred to in paragraph 191(d).
Inclusion in registerAn application for registration and special ballot may be made by an elector. It shall be in the prescribed form and shall includesatisfactory proof of the elector’s identity;if paragraph 222(1)(b) does not apply in respect of the elector, proof of the applicability of an exception set out in subsection 222(2);the elector’s date of birth;the date the elector left Canada;the address of the elector’s last place of ordinary residence in Canada before he or she left Canada or the address of the place of ordinary residence in Canada of the spouse, the common-law partner or a relative of the elector, a relative of the elector’s spouse or common-law partner, a person in relation to whom the elector is a dependant or a person with whom the elector would live but for his or her residing temporarily outside Canada;the date on which the elector intends to resume residence in Canada;the elector’s mailing address outside Canada; andany other information that the Chief Electoral Officer considers necessary to determine the elector’s entitlement to vote or the electoral district in which he or she may vote.Optional informationIn addition to the information specified in subsection (1), the Chief Electoral Officer may request that the elector provide other information that the Chief Electoral Officer considers necessary for implementing agreements made under section 55 of the Canada Elections Act, but the elector is not required to provide that information.
Prohibition — change of addressThe address chosen as the place of ordinary residence in Canada in the application for registration and special ballot cannot be changed after the elector’s name is entered in the register.
Information to be providedThe Chief Electoral Officer may require an elector whose name appears in the register to provide, within the time fixed by the Chief Electoral Officer, any information that is necessary to update the register.
Deletion of names from registerThe Chief Electoral Officer shall delete from the register the name of an elector whodoes not provide the information referred to in section 225 within the time fixed by the Chief Electoral Officer;makes a signed request to the Chief Electoral Officer to have his or her name deleted from the register;has died and concerning whom a request has been received to have the elector’s name deleted from the register, to which request is attached a death certificate or other documentary evidence of the death;returns to Canada to reside;cannot be contacted; orexcept for an elector to whom any of paragraphs 222(2)(a) to (d) applies, has resided outside Canada for five consecutive years or more.
Sending of special ballot and envelopesAfter approving an application for registration and special ballot and after the issue of the writs, the Chief Electoral Officer shall send a special ballot, an inner envelope and an outer envelope to every elector whose name is entered in the register, at the address referred to in paragraph 223(1)(g).Voting by special ballotAn elector shall vote by special ballot bymarking a cross or other mark in the circular space provided opposite the word “yes” or “no” on the ballot;placing the ballot in the inner envelope and sealing it;placing the inner envelope in the outer envelope; andsigning the declaration on the outer envelope and sealing it.Not applicable.
Sending of outer envelopeAn elector shall send the sealed outer envelope to the Chief Electoral Officerby mail or any other means; orby delivering it to a Canadian Embassy, Canadian High Commission or Canadian Consular Office, to a Canadian Forces base or to any place that the Chief Electoral Officer may designate.
Deadline for return of voteThe special ballot must arrive at the office of the Chief Electoral Officer in Ottawa not later than 6:00 p.m. on polling day in order to be counted.
Responsibilities of electorFor the purpose of this Division, an elector has the sole responsibility to ensure thathis or her application for registration and special ballot is made within the period specified; andhis or her special ballot is received within the period specified to be counted.
Electors Residing in Canada
Definition of electorFor the purpose of this Division, elector means an elector, other than a Canadian Forces elector or an incarcerated elector, who resides in Canada and who wishes to vote in accordance with this Division.
Conditions for voting by special ballotAn elector may vote under this Division if his or her application for registration and special ballot is received after the issue of the writs and before 6:00 p.m. on the 6th day before polling dayby a returning officer in an electoral district; orby the special voting rules administrator.
Information required for applicationThe application for registration and special ballot shall be in the prescribed form and shall include the following information:the elector’s name and place of ordinary residence;the elector’s date of birth;satisfactory proof of the elector’s identity and residence;the elector’s mailing address; andany other information that the Chief Electoral Officer considers necessary to determine the elector’s entitlement to vote or the electoral district in which he or she may vote.Electors in dangerAn elector who would be under reasonable apprehension of bodily harm if he or she were to indicate the mailing address of his or her dwelling place for the purpose of paragraph (1)(d) may apply to the returning officer or special voting rules administrator to use another address for that purpose. The returning officer or special voting rules administrator, unless he or she considers that it would not be in the public interest to do so, shall grant the application and shall not reveal that other address except as required to send the special ballot to the elector. For greater certainty, the granting of the application does not change the elector’s place of ordinary residence for the purposes of this Act.Optional informationIn addition to the information specified in subsection (1), the Chief Electoral Officer may request that the elector provide other information that the Chief Electoral Officer considers necessary to implement agreements made under section 55 of the Canada Elections Act, but the elector is not required to provide that information.Information providedAn elector who makes an application for registration and special ballot shall indicate whether his or her name is already on a list of electors and, if it is, in which electoral district.
Name of elector previously included on list of electorsThe special voting rules administrator shall inform the returning officer of any elector whose name is on a list of electors for the returning officer’s electoral district and who has received a special ballot from another electoral district. The returning officer shall indicate on the list of electors that the elector has received a special ballot.Name of elector not previously included on listIf an elector’s name is not already included on a list of electors, the special voting rules administrator shall so inform the returning officer for the electoral district in which the elector is to vote by special ballot. The returning officer shall enter the elector’s name on the list of electors for the appropriate polling division in that electoral district and shall indicate that the elector has received a special ballot.
Vote by special ballot onlyOnce an elector’s application for registration and special ballot has been accepted, the elector may only vote under this Division.
Note on the list of electorsIf an elector applies for registration and special ballot in his or her electoral district, the returning officer shall, if necessary, add the elector’s name to the appropriate list of electors and shall indicate on the list that the elector has received a ballot in accordance with this Division.
Provision of special ballotOn acceptance of an elector’s application for registration and special ballot, the elector shall be given a special ballot, an inner envelope and an outer envelope.
Voting by special ballotAn elector who has received a special ballot under this Division may vote in accordance with subsection 227(2).
Sending to Chief Electoral OfficerAn elector who does not vote in his or her electoral district shall send the sealed outer envelope to the special voting rules administratorby mail or any other means; orby delivering it to a Canadian Embassy, High Commission or Consular Office, to a Canadian Forces base outside Canada or to any place that the Chief Electoral Officer may designate.Deadline for receiptIn order to have the special ballot counted, an elector shall ensure that the ballot is receivedif the special ballot is cast in the elector’s electoral district, at the office of the returning officer before the close of the polling stations on polling day; orif the special ballot is cast outside the elector’s electoral district, at the office of the special voting rules administrator in Ottawa, not later than 6:00 p.m. on polling day.
Responsibilities of electorFor the purpose of this Division, an elector has the sole responsibility to ensure thathis or her application for registration and special ballot is made within the period specified; andhis or her special ballot is received within the period specified to be counted as a vote.
Not applicable.
Spoiled ballotIf an elector has inadvertently handled a special ballot in such a manner that it cannot be used, the elector shall return it to the referendum officer who shall mark it as spoiled and give the elector another special ballot.LimitAn elector shall not be given more than one special ballot under subsection (1).
AssistanceWhen an elector personally goes to the office of the returning officer and is unable to read or because of a physical disability is unable to vote in the manner described in this Division, the designated referendum officer shall assist the elector bycompleting the declaration on the outer envelope and writing the elector’s name where his or her signature is to be written; andmarking the ballot as directed by the elector in his or her presence.Note on outer envelopeA referendum officer who assists an elector under subsection (1) shall indicate, by signing the note on the outer envelope, that the elector was assisted.
Registration, voting at homeOn application of an elector who is unable to read, or who is unable to vote in the manner described in this Division because of a physical disability, and who is unable to personally go to the office of the returning officer because of a physical disability, the designated referendum officer shall go to the elector’s dwelling place and, in the presence of a witness who is chosen by the elector, assist the elector bycompleting the declaration on the outer envelope and writing the elector’s name where the elector’s signature is to be written; andmarking the ballot as directed by the elector in the elector’s presence.Note on outer envelopeThe referendum officer and the witness who assist an elector under subsection (1) shall indicate, by signing the note on the outer envelope, that the elector was assisted.
Incarcerated Electors
Definition of electorFor the purpose of this Division, elector means an incarcerated elector.
Entitlement to voteEvery person who is incarcerated and who is otherwise qualified to vote under this Act is entitled to vote under this Division on the 10th day before polling day.Exercise of right to voteAn elector is not entitled to vote under this Division unless he or she has signed an application for registration and special ballot under section 251 and a declaration described in section 257.Vote to be in electoral districtAn elector is entitled to vote under this Division only in respect of the electoral district in which his or her place of ordinary residence is situated as shown on the application for registration and special ballot made by the elector under section 251.
Designation of coordinating officersThe ministers responsible for corrections in the provinces shall each designate a person as a coordinating officer to work, during and between referendums with the Chief Electoral Officer to carry out the purposes and provisions of this Division.
Notification of issue of the writsWithout delay after the issue of the writs, the Chief Electoral Officer shall inform the minister responsible for corrections in a province of their issue and of the location of administrative centres.Designation of liaison officersOn being informed of the issue of the writs, each minister responsible for corrections in a province shallinform the coordinating officer for that province of the issue of the writs;designate one or more persons to act as liaison officers in connection with the taking of the votes of electors; andinform the Chief Electoral Officer and the coordinating officer for that province of the name and address of each liaison officer.
Liaison officersThe Chief Electoral Officer shall appoint persons designated under paragraph 247(2)(b) in the prescribed form.Duty to cooperateDuring the referendum period, a liaison officer shall cooperate with the Chief Electoral Officer in the administration of the registration and the taking of the votes of electors.
Duty of coordinating officerWhen a coordinating officer is informed that a liaison officer has been designated, the coordinating officer shall give the liaison officer all necessary information on taking the votes of electors.
Notice of entitlement to voteA liaison officer shall, without delay after being appointed, post a notice in the prescribed form in a prominent place in the correctional institution that informs electors of the date on which they are entitled to vote in accordance with this Division.Voting hoursThe polling stations shall be open on the 10th day before polling day from 9:00 a.m. and shall be kept open until every elector who is registered under subsection 251(1) has voted, but in no case shall they be kept open later than 8:00 p.m. on that day.
Application for registration and special ballotBefore the 10th day before polling day, each liaison officer shall ensure that an application for registration and special ballot in the prescribed form is completed for every eligible elector of the correctional institution who wishes to vote, indicating his or her place of ordinary residence as determined under subsection (2).Residence of electorThe place of ordinary residence of an elector is the first of the following places for which the elector knows the civic and mailing addresses:his or her residence before being incarcerated;the residence of the spouse, the common-law partner, a relative or a dependant of the elector, a relative of his or her spouse or common-law partner or a person with whom the elector would live but for his or her incarceration;the place of his or her arrest; orthe last court where the elector was convicted and sentenced.Optional informationIn addition to providing his or her place of ordinary residence, the Chief Electoral Officer may request that the elector provide other information that the Chief Electoral Officer considers necessary to implement agreements made under section 55 of the Canada Elections Act, but the elector is not required to provide that information.ValidationThe liaison officer shall validate the application for registration and special ballot by signing it and indicating on it the name of the electoral district that includes the place of ordinary residence as determined under subsection (2).Dispute about electoral districtIf a dispute arises as to in which electoral district an elector may vote, the elector may refer the matter to the returning officer for the electoral district where the correctional institution is located, and the returning officer shall make a final determination in accordance with the process for revising lists of electors.
List of incarcerated electorsApplications for registration and special ballot are deemed to be the list of electors who vote under this Division.
Appointment of deputy returning officers and poll clerksBefore the 18th day before polling day, each returning officer shall, for each correctional institution in his or her electoral district, in consultation with the liaison officer for the institution, establish one or more polling stations and appoint a deputy returning officer and a poll clerk for each polling station.Provision of referendum materialsA liaison officer shall, on receiving the referendum materials and the text of any referendum question,provide the materials in sufficient quantities to the deputy returning officers appointed under subsection (1) for the correctional institution; andpost the text of any referendum question in one or more conspicuous places in the correctional institution.
Duties of deputy returning officerOn the day on which the electors cast their ballots, the deputy returning officer shall, at each polling station,post two or more copies of the voting instructions, in the prescribed form, in conspicuous places; andkeep readily available for consultation by electors a copy of this Part, a set of street indexes, and a guide to electoral districts.
Mobile polling stationsA liaison officer shall, when required, establish a mobile polling station within a correctional institution to take the votes of the electors who are confined to their cells or in an infirmary.Common mobile polling stationsA returning officer may, in cooperation with liaison officers, create a mobile polling station for correctional institutions of fewer than 50 electors that are within the returning officer’s electoral district and that are within reasonable travelling distance of each other.
Not applicable.
Declaration of electorBefore delivering a special ballot to an elector, the deputy returning officer for a correctional institution shall require the elector to complete an application for registration and special ballot, if the elector has not already done so, and to make and sign the declaration on the outer envelope.Giving special ballot to electorAfter the elector has signed the declaration on the outer envelope, the deputy returning officer shallsign the outer envelope; andgive the elector a special ballot, an inner envelope and the outer envelope.
Voting by special ballotThe elector shall vote by marking a cross or other mark in the circular space provided opposite the word “yes” or “no” on the special ballot, folding the special ballot and, in the presence of the deputy returning officer,placing the ballot in the inner envelope and sealing the envelope; andplacing the inner envelope in the outer envelope and sealing the outer envelope.Not applicable.Spoiled special ballotIf an elector has inadvertently handled a special ballot in such a manner that it cannot be used, the elector shall return it to the deputy returning officer who shall mark it as a spoiled ballot and give the elector another special ballot.LimitAn elector shall not be given more than one special ballot under subsection (3).
AssistanceIf an elector is unable to read or because of a physical disability is unable to vote under this Division, the deputy returning officer shall assist the elector bycompleting the declaration on the outer envelope and writing the elector’s name where his or her signature is to be written; andmarking the special ballot as directed by the elector in his or her presence and in the presence of the poll clerk.Note on outer envelopeThe deputy returning officer and the poll clerk shall sign a note on the outer envelope indicating that the elector was assisted.
Delivery of documents after the voteWithout delay after the votes have been cast at a correctional institution, the deputy returning officer shall deliver to the liaison officer for the institutionthe outer envelopes that contain the marked special ballots;any unused or spoiled outer envelopes;any unused or spoiled special ballots and unused inner envelopes; andthe applications for registration and special ballot.
Deadline for return of referendum materialEvery liaison officer shall ensure that the referendum material referred to in section 260 is received by the special voting rules administrator in Ottawa no later than 6:00 p.m. on polling day.
Integration into final list of electorsThe applications for registration and special ballot shall be integrated into the final list of electors referred to in section 109.
Counting of Votes at the Office of the Chief Electoral Officer
ApplicationThis Division applies to the counting of all special ballots cast in accordance with this Part, except those referred to in Division 7.
AdministrationThe counting of the special ballots shall be conducted by special ballot officers under the supervision of the special voting rules administrator.Special ballot officersSpecial ballot officers shall work in pairs of persons representing different registered parties.
DirectivesThe Chief Electoral Officer shall prescribe security instructions for the safekeeping of special ballots, inner envelopes, outer envelopes and all other referendum documents, and instructions for the receiving, sorting and counting of special ballots.
Counting of votesThe counting of votes shall commence on a date to be fixed by the Chief Electoral Officer or, if no date is fixed, on Wednesday, the 5th day before polling day.
Setting aside of outer envelopeThe special ballot officers shall set aside an outer envelope unopened when they ascertain on its examination thatthe information concerning the elector, as described on the outer envelope, does not correspond with the information on the application for registration and special ballot;the envelope, other than an envelope in respect of an elector who has taken a vote under section 216, 243 or 259, does not bear the signature of an elector;the correct electoral district of the elector whose ballot is contained in the outer envelope cannot be ascertained; orthe outer envelope has been received in Ottawa by the special voting rules administrator after 6:00 p.m. on polling day;not applicable.Procedure when elector votes more than onceIf, after receiving but before counting the outer envelopes, the special ballot officers ascertain that an elector has voted more than once, they shall lay the outer envelopes that relate to the elector aside unopened.Disposition of outer envelopes that are laid asideWhen an outer envelope is laid aside unopened as described in subsection (1) or (2),the outer envelope shall be endorsed by the special voting rules administrator with the reason why it has been laid aside;at least two special ballot officers shall initial the endorsement; andin the case of an outer envelope laid aside under subsection (1), the ballot contained in it is deemed to be a spoiled ballot.Special reportThe special voting rules administrator shall prepare a report in respect of the number of outer envelopes that are laid aside under this Division.
Duties of special ballot officersEach pair of special ballot officers shall count the votes for only one electoral district or part of an electoral district at a time.
Rejection of ballotsEach pair of special ballot officers shall, on examining a special ballot, reject it ifit has not been supplied by the Chief Electoral Officer;it is not marked;not applicable;it is marked in favour of more than one answer to a referendum question; orthere is any writing or mark on it by which the elector could be identified.Not applicable.Disputed ballotsIf a dispute arises as to the validity of a special ballot, it shall be referred to the special voting rules administrator, whose decision is final.Note of disputeThe number of disputed special ballots and the name of the electoral district in which they were cast are to be noted by the special ballot officers.
Statements of the voteEach pair of special ballot officers shall prepare a statement of the vote in the prescribed form and deliver it to the special voting rules administrator.SafekeepingThe special voting rules administrator shall keep the statements of the vote in safe custody until the day after the communication of the results under section 280.Copy to special ballot officerOn request, after the day that the results are communicated, a special ballot officer may be given a copy of the statement of the vote that he or she prepared.
Chief Electoral Officer to be informed of results of voteWithout delay after the counting of the votes for every electoral district has been completed, the special voting rules administrator shall inform the Chief Electoral Officer ofthe number of votes counted for each answer to a referendum question for every electoral district;the total number of votes counted for each electoral district; andthe number of rejected ballots for each electoral district.
Sending of material to Chief Electoral OfficerAs soon as practicable after the counting of the votes for every electoral district has been completed, the special voting rules administrator shall send to the Chief Electoral Officer, in separate envelopes,the lists of electors;all other documents and referendum materials received from commanding officers, deputy returning officers and special ballot officers;the oaths of office; andthe complete files of correspondence, reports and records in his or her possession.
Counting of Votes in the Office of the Returning Officer
Appointment of deputy returning officer and poll clerkThe returning officer shall appoint a deputy returning officer and poll clerk to verify the outer envelopes and to count the special ballots issued to electors in his or her electoral district and received in his or her office. More than one deputy returning officer and poll clerk may be appointed if the number of votes warrants it.Assignment of dutiesThe returning officer shall assign duties so that a deputy returning officer chosen from among the persons recommended by the registered party whose candidate finished first in the last election in the electoral district works with a poll clerk chosen from among the persons recommended by the registered party whose candidate finished second in that election in that electoral district.Merger of partiesFor the purpose of subsection (2), in determining whether the candidate of a registered party finished first or second in the last election in a case where the registered party is the result of a merger with one or more parties that were registered parties at the last election, there shall be attributed to the candidate of the merged party, the number of votes of the candidate of the merging party with the largest number of votes at that last election.Notification of persons appointedThe returning officer shall, as soon as possible, notify the agents of registered referendum committees referred to in subsection 10(1) of the Referendum Act of the name and address of the persons appointed as the deputy returning officer and the poll clerk.
Who may be present at countingAn agent of a registered referendum committee or witness may be present for the verification of the outer envelopes and the counting of ballots received at the office of the returning officer.
Ballots to be kept sealedThe returning officer shall ensure that the ballots received at his or her office are kept sealed until they are given to the deputy returning officer.Return outer envelopesAll outer envelopes received after the prescribed deadline shall be kept separate and sealed and shall be initialled by the returning officer and marked with the date and time of their receipt.
Verification of envelopesA deputy returning officer and a poll clerk shall verify the outer envelopes, at the time fixed by the Chief Electoral Officer and in accordance with his or her instructions, by determining from the information on the outer envelope whether the elector is entitled to vote in the electoral district.NoticeThe returning officer shall notify the agents of registered referendum committees referred to in subsection 10(1) of the Referendum Act of the time and place of the verification.Provision of materials to deputy returning officerThe deputy returning officer shall be provided with the applications for registration and special ballot received before the deadline, along with any other materials that may be required.
Setting aside of outer envelopeThe deputy returning officer shall set aside an outer envelope unopened when he or she ascertains on its examination thatthe information concerning the elector, as described on the outer envelope, does not correspond with the information on the application for registration and special ballot;the outer envelope, other than an outer envelope in respect of an elector who has taken a vote under section 243 or 243.1, does not bear the signature of an elector;more than one ballot has been issued to an elector; orthe outer envelope was received after the prescribed deadline.Registering objectionsWhen the outer envelopes are verified, the poll clerk shall register any objection to an elector’s right to vote in the electoral district in the prescribed form.Noting of reasons for setting asideWhen an outer envelope is set aside unopened as described in subsection (1), the deputy returning officer shall note on it the reasons for the rejection. The deputy returning officer and the poll clerk shall initial the envelope.
Counting of outer envelopesThe deputy returning officer and the poll clerk shall count all valid outer envelopes.Inner envelopesThe deputy returning officer and the poll clerk shall open the outer envelopes and put all the inner envelopes in a ballot box provided by the returning officer.Counting the votesAfter the close of the polling stations, the deputy returning officer shall open the ballot box and he or she together with the poll clerk shall open the inner envelopes and count the votes.
Rejection of ballotsThe deputy returning officer shall, in counting the ballots, reject a ballot ifit has not been supplied for the referendum;it is not marked;not applicable;it is marked in favour of more than one answer to a referendum question; orthere is any writing or mark on it by which the elector could be identified.Not applicable.Not applicable.
Communication of the Results of the Vote
Communication of resultsThe Chief Electoral Officer shall, without delay after the closing of the polling stations at a referendum, inform each returning officer of the results of the count under Division 6 for the returning officer’s electoral district, giving the number of votes cast for each answer to a referendum question and the number of rejected ballots.Release of informationWhen the returning officer receives information from the Chief Electoral Officer respecting the results of the count under Division 6, the returning officer shall add those results to the results of the count under Division 7 and release all of them as being the results of the vote under the Special Voting Rules.
Prohibitions
Prohibitions — inside or outside CanadaNo person shall, inside or outside Canada,wilfully disclose information as to how a special ballot has been marked by an elector;wilfully interfere with, or attempt to interfere with, an elector when marking a special ballot, or otherwise attempt to obtain any information as to the answer to a referendum question for which any elector is about to vote or has voted;knowingly make a false statement in an application for registration and special ballot;knowingly apply for a special ballot to which that person is not entitled;knowingly make a false statement in a declaration signed by him or her before a deputy returning officer;knowingly make a false declaration in the statement of ordinary residence completed by him or her;wilfully prevent or endeavour to prevent an elector from voting at a referendum; orwilfully at the counting of the votes, attempt to obtain information or communicate information obtained at the counting as to the answer to a referendum question for which a vote is given in a particular special ballot.
Prohibitions — outside CanadaNo person shall, outside Canada,by intimidation or duress, compel a person to vote or refrain from voting or vote or refrain from voting for a particular answer to a referendum question under this Part; orby any pretence or contrivance, including by representing that the ballot or the manner of voting at a referendum is not secret, induce a person to vote or refrain from voting or vote or refrain from voting for a particular answer to a referendum question under this Part.
Counting VotesPolling Stations
Counting the votesImmediately after the close of a polling station, the deputy returning officer shall count the votes in the presence of the poll clerk and any agents of registered referendum committees or witnesses who are present or, if no agents or witnesses are present, in the presence of at least two electors.Tally sheetsThe deputy returning officer shall supply the poll clerk and all the persons referred to in subsection (1) who are present and who so request with a tally sheet to keep their own score of the voting.Steps to followThe deputy returning officer shall, in the following order,count the number of electors who voted at the polling station, make an entry at the end of the list of electors that states “The number of electors who voted at this referendum in this polling station is (stating the number)”, sign the list, and place the list in the envelope supplied for the purpose;count the spoiled ballots, place them in the envelope supplied for the purpose, indicate on the envelope the number of spoiled ballots, and seal it;count the unused ballots that are not detached from the books of ballots, place them with the stubs of the used ballots in the envelope supplied for the purpose, indicate on the envelope the number of unused ballots, and seal it;total the numbers arrived at in paragraphs (a) to (c) in order to ascertain that all ballots that were provided by the returning officer are accounted for;open the ballot box and empty its contents onto a table; andexamine each ballot, show the ballot to each person who is present, and ask the poll clerk to make a note on the tally sheet beside the answer to a referendum question for which the vote was cast for the purpose of arriving at the total number of votes cast for each answer to a referendum question.
Rejection of ballotsIn examining the ballots, the deputy returning officer shall reject onethat has not been supplied by him or her;that has not been marked in a circle opposite a referendum question;not applicable;that has been marked in more than one circle opposite a referendum question; oron which there is any writing or mark by which the elector could be identified.LimitationNo ballot shall be rejected by reason only that the deputy returning officer placed on it any writing, number or mark, or failed to remove the counterfoil.Counterfoils remaining attachedWhen a ballot is found with the counterfoil attached, the deputy returning officer shall, while concealing the number on it from all persons present and without examining it, remove and destroy the counterfoil.
Ballots not initialled by deputy returning officerIf the deputy returning officer determines that he or she has failed to initial a ballot, the deputy returning officer shall, in the presence of the poll clerk and witnesses, initial and count the ballot if he or she is satisfied thatthe ballot was supplied by him or her; andall ballots that were provided by the returning officer have been accounted for, as described in paragraph 283(3)(d).
Objections to ballotsThe deputy returning officer shall keep a record, in the prescribed form, of every objection to a ballot made by an agent of a registered referendum committee or a witness, give a number to the objection, write that number on the ballot and initial it.Decision of deputy returning officerThe deputy returning officer shall decide every question that is raised by an objection described in subsection (1), and the decision is subject to reversal only on a recount.
Statement of the voteThe deputy returning officer shall prepare a statement of the vote, in the prescribed form, that sets out the number of votes in favour of each answer to a referendum question and the number of rejected ballots and place the original statement and a copy of it in the separate envelopes supplied for the purpose.Copies of the statement of the voteThe deputy returning officer shall give a copy of the statement of the vote to each of the agents of registered referendum committees and witnesses present at the count.
Marked ballotsThe deputy returning officer shall place the ballots for each answer to a referendum question into separate envelopes, write on each envelope the number of votes cast for that answer, and seal it. The deputy returning officer and the poll clerk shall sign the seal on each envelope, and the witnesses may also sign them.Rejected ballotsThe deputy returning officer shall place into separate envelopes the rejected ballots, the registration certificates and the list of electors, and shall seal the envelopes.Documents to be enclosed in a large envelopeThe deputy returning officer shall seal in a large envelope supplied for the purposethe envelopes that contain the marked ballots for each answer to a referendum question, any spoiled ballots, unused ballots or rejected ballots, and the official list of electors; andany other referendum documents, except for the envelopes that contain the statements of the vote and the registration certificates.Documents to be placed in the ballot boxThe large envelope described in subsection (3) and the envelope that contains the copy of the statement of the vote shall be placed in the ballot box.Sealing ballot boxThe ballot box shall be sealed by the deputy returning officer with the seals provided by the Chief Electoral Officer.
Advance Polls
Counting of votes on polling dayThe deputy returning officer of an advance poll shall, at the close of the polling stations on polling day, attend with the poll clerk at the place mentioned in the notice of advance poll in subparagraph 172(a)(iii) to count the votes.Application of rules for counting votesSubsections 283(1) and (2), paragraphs 283(3)(e) and (f) and sections 284 to 288 apply with any necessary modifications to the counting of the votes of an advance poll.ProhibitionNo person shall make a count of the votes cast at an advance poll before the close of the polling stations on polling day.
Delivery of Ballot Boxes to Returning Officer
Sending ballot boxes and statement to returning officerThe deputy returning officer for a polling station or an advance poll shall, without delay after sealing the ballot box, send the box, with the envelope that contains the original statement of the vote and the envelope that contains the registration certificate, to the returning officer.Collection of ballot boxesA returning officer may appoint persons to collect ballot boxes together with the envelopes referred to in subsection (1) from polling stations, and any person so appointed shall take the prescribed oath when he or she sends those materials to the returning officer.
Provision of statements to agentsA returning officer shall, on request, provide each agent referred to in subsection 10(1) of the Referendum Act one copy of each statement of the vote in the electoral district.
Safekeeping of ballot boxesA returning officer, on the receipt of each ballot box, shalltake every precaution to prevent any other person, except the assistant returning officer, from having access to it; andexamine and record the condition of the seals affixed to it and, if necessary, affix new seals.
Validation of Results by the Returning Officer
Validation of resultsAfter a returning officer receives all of the ballot boxes, he or she shall, at his or her office, in the presence of the assistant returning officer at the time indicated in paragraph 62(c), validate the results of the vote from the original statements of the vote and the information communicated under section 280.Adjournment if ballot boxes or information not receivedIf, on the day fixed for the validation of the results as described in paragraph 62(c), a returning officer has not received all the ballot boxes or the information required by section 280, the returning officer shall adjourn the proceedings for not more than seven days.Further adjournmentIf, on the day fixed for the proceedings by virtue of an adjournment under subsection (2), the returning officer has not, for any reason, received the ballot boxes or information referred to in that subsection, the returning officer may make further adjournments. The further adjournments may not exceed a total of two weeks.
Witnesses at validationAgents of registered referendum committees may attend the validation of the results, but if none of them is present, the returning officer shall ensure the presence of at least two electors until the validation is completed.
Opening ballot box in certain casesIf the original statement of the vote is missing, appears to contain an error, to be incomplete or to have been altered, or is disputed by an agent of a registered referendum committee, the returning officer may open the ballot box and the envelope that contains the copy of the statement of the vote or, if that copy is missing, the large envelope.Information on envelopes containing ballotsIf a copy of the statement of the vote is not found or is not useful for the purpose of validating the results, the returning officer may use the information that is written on the envelopes that contain the ballots for that purpose.LimitationThe returning officer shall not open an envelope that appears to contain ballots.Resealing of loose papersIf the returning officer opens the large envelope, he or she shall place its contents into another envelope, seal that envelope and initial the seal.
Loss or destruction of ballot boxesIf a ballot box has been destroyed or is missing, the returning officer shall ascertain the cause of the destruction or loss and shall complete the validation of the results from the original copy of the statement of the vote in the same manner as if he or she had received the ballot box.Power to summon and examineIf the returning officer is unable to obtain either the original statement of the vote or the ballot box, he or sheshall ascertain, by any evidence that he or she is able to obtain, the total number of votes cast for each answer to a referendum question at the polling stations;for ascertaining the total number of votes under paragraph (a), may summon any deputy returning officer, poll clerk or other person to appear before him or her at a fixed date and time and to bring with them all necessary documents; andmay examine on oath the deputy returning officer, poll clerk or other person respecting the matter in question.Notice to agentsIf paragraph (2)(b) applies, the returning officer shall give notice to the agents of registered referendum committees referred to in subsection 10(1) of the Referendum Act for that electoral district of the date and time fixed for the appearance.Obligation to comply with summonsEvery person to whom a summons is directed under paragraph (2)(b) shall obey it.
Certificate of votes castWithout delay after the validation of the results, the returning officer shall prepare a certificate in the prescribed form that sets out the number of votes cast for each answer to a referendum question, and shall deliver the original of the certificate to the Chief Electoral Officer and a copy of it to each agent that made a request pursuant to subsection 10(1) of the Referendum Act. In the case described in section 296, the certificate shall indicate the number of votes that have been ascertained to have been cast for each answer to a referendum question.
Ballot boxesAfter the close of a referendum, each returning officer shall dispose of the ballot boxes as instructed by the Chief Electoral Officer.
Judicial RecountInterpretation
Definition of judgeIn this Part, judge means a judge who sits in the electoral district where the results are validated.Powers of judgeA judge who is authorized by subsections 300(4), 301(4) to (6), sections 302, 304 to 306, and 308 of this Act, and sections 29 and 30 of the Referendum Act to act may act, to the extent authorized, within or outside his or her judicial district.
Recount Procedure
Not applicable.Not applicable.Not applicable.Documents to be suppliedThe returning officer shall attend the recount and shall bring all relevant referendum materials includingthe ballot boxes;the statements of the vote used to validate the results; andall ballots cast and statements of the vote made in accordance with Part 11.
Not applicable.Not applicable.Not applicable.Date for recount and summonsWhere an application for recount is made under subsections 29(1) or (2) of the Referendum Act, and the judge orders a recount, the judge shall summon the returning officer to attend and to bring the relevant ballot boxes and statements of the vote together with the ballots that were counted, and the statements that were completed, under Part 11.Notice to applicantsThe judge shall notify each person who made an application pursuant to subsection (4) in writing of the time and place fixed for the recount. The judge may decide that service of the notice will be substitutional, by mail or posting or in any other manner.Returning officer required to attendA returning officer to whom a summons is directed under subsection (4) shall obey it and shall be present throughout the recount.
More than one applicationIf a judge receives more than one application for a recount for more than one electoral district, the recounts shall be conducted in the order in which the judge receives the applications.
Not applicable.
Recount procedureThe judge shall conduct the recount by adding the number of votes reported in the statements of the vote or by counting the valid ballots or all of the ballots returned by the deputy returning officers or the Chief Electoral Officer.Documents that may be examinedIf a recount of all of the ballots returned is required, the judge may open the sealed envelopes that contain the used and counted, unused, rejected and spoiled ballots. The judge shall not open any envelopes that appear to contain other documents or refer to any other referendum documents.Steps to be taken by judgeAt a recount, the judge shallcount the ballots in the manner prescribed for a deputy returning officer or a special ballot officer;verify or correct, if necessary, each statement of the vote; andreview the decision of the returning officer with respect to the number of votes cast for each answer to a referendum question, in the case of a missing or destroyed ballot box or statement of the vote.Powers of judgeFor the purpose of arriving at the facts with respect to a missing ballot box or statement of the vote, the judge has all the powers of a returning officer with regard to the attendance and examination of witnesses who, in case of non-attendance, are subject to the same consequences as in the case of refusal or neglect to attend on the summons of a returning officer.Additional powers of judgeFor the purpose of conducting a recount, a judge has the power to summon any deputy returning officer or poll clerk as a witness and to require him or her to give evidence on oath and, for that purpose, has the same power that is vested in any court of record.Clerical assistantsSubject to the approval of the Chief Electoral Officer, a judge may retain the services of support staff to assist in the performance of his or her duties under this Part.
Proceedings to be continuousThe judge shall, as far as practicable, proceed continuously with a recount, except for necessary breaks and, unless the judge orders otherwise, between 6:00 p.m. and 9:00 a.m.
Security of documentsDuring a break described in section 305, the judge or any other person who has possession of ballots and other referendum documents shall keep them sealed in parcels, and the seal shall be signed by the judge and may be signed by any other person in attendance.Supervision of sealingThe judge shall personally supervise the parcelling and sealing of ballots and documents at a recount and take all necessary precautions for their security.
Not applicable.
Procedure at conclusion of recountAt the conclusion of a recount, the judge shallseal the ballots in a separate envelope for each polling station and without delay prepare a certificate in the prescribed form that sets out the number of votes cast for each answer to a referendum question; anddeliver the original of the certificate to the returning officer and a copy of it to each agent who made a request pursuant to subsection 10(1) of the Referendum Act.
Not applicable.
Not applicable.
Failure of Judge to Conduct Recount
Failure of judge to actIf a judge does not comply with the provisions of subsections 300(4), 301(4) to (6), sections 302, 304 to 306, and 308 of this Act, and sections 29 and 30 of the Referendum Act, an aggrieved party may, within eight days after the failure to comply, make application for an order under subsection (3)in the Province of Ontario, to a judge of the Superior Court of Justice;in the Province of Quebec, New Brunswick or Alberta, Yukon, the Northwest Territories or Nunavut, to a judge of the Court of Appeal of the Province or Territory;in the Province of Nova Scotia or British Columbia, to a judge of the Supreme Court of the Province;in the Province of Manitoba or Saskatchewan, to a judge of the Court of Queen’s Bench for the Province; andin the Province of Prince Edward Island or Newfoundland, to a judge of the trial division of the Supreme Court of the Province.Application on affidavitAn application under subsection (1) may be made on affidavit, which need not be entitled in any matter or cause, that sets out the facts relating to the failure to comply.Order of judgeThe judge to whom an application is made under subsection (1) shall, if it appears that there was a failure to comply, make an orderfixing the time, within the following eight days, and place to hear the application;directing the attendance of all parties interested at that time and place; andgiving directions for the service of the order, and of any affidavit on which it was granted, on the judge alleged to have failed to comply and on any other interested party.Affidavits may be filed in replyThe judge complained of and any interested party may file in the office of the clerk, registrar or prothonotary of the court of the judge to whom the application is made affidavits in reply to those filed by the applicant and shall provide the applicant with copies of them on demand.
Order of court after hearingAfter hearing the judge complained of and any other parties, the judge to whom the application was made or another judge of the same courtshall make an order dismissing the application or ordering the judge in default to comply with the requirements of this Act and the Referendum Act in respect of the recount;not applicable.Judge to obey orderA judge found to be in default shall without delay comply with an order made under subsection (1).Not applicable.
Return of the Writ
Referendum returnThe returning officer, without delay after the 10th day that follows the completion of the validation of results or, if there is a recount, without delay after receiving the certificate referred to in section 308, shall declare which answer to a referendum question obtained the largest number of votes by completing the return of the writ in the prescribed form on the back of the writ.Equality of votesIf there is an equality of votes between each answer to a referendum question, the returning officer shall indicate that on the return of the writ.
Sending of documentsOn completing the return of the writ, the returning officer shall without delay send to the Chief Electoral Officer all referendum documents in his or her possession together witha report of the returning officer’s proceedings in the prescribed form including his or her comments with respect to the state of the referendum documents received from the deputy returning officers;a summary, in the prescribed form, of the number of votes cast for each answer to a referendum question at each polling station; andall other documents that were used at the referendum.Report re disappearance of ballot box, etc.In any case arising under section 296, the returning officer shall mention specially in the report the circumstances accompanying the disappearance of the ballot boxes or the lack of any statement of the vote, and the mode by which the returning officer ascertained the number of votes cast for each answer to a referendum question.
Not applicable.Premature returnA premature return of the writ is deemed not to have reached the Chief Electoral Officer until it should have reached the Chief Electoral Officer in due course.Correction of writThe Chief Electoral Officer shall, if necessary, send back the return of the writ and any or all of the related referendum documents to the returning officer for completion or correction.
Where report made before recountWhere, at the time of the issue of an order under section 311 or 312, the returning officer for the electoral district in respect of which the order is made has made a return of the writ under section 314, the Chief Electoral Officer shall, on being provided with a certified copy of the order, send back to the returning officer all referendum documents required for use at the recount.Duties of returning officer on recountOn receiving a judge’s certificate with respect to the result of a recount, the returning officer shallif the result of the recount does not confirm the original return of the writ, make a substitute return of the writ; orif the result of the recount is to confirm the return, send the papers back to the Chief Electoral Officer without delay and not make a substitute return of the writ.Effect of substitute returnA substitute return made under paragraph (2)(a) has the effect of cancelling the original return.
Not applicable.
Not applicable.
CommunicationsInterpretation
DefinitionsThe definitions in this section apply in this Part.referendum advertising means the transmission to the public by any means during a referendum period of an advertising message that supports or opposes an answer to a referendum question. For greater certainty, it does not includethe transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news;the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be a referendum;the transmission of a document directly by a person or a group to their members, employees or shareholders, as the case may be; orthe transmission by an individual, on a non-commercial basis on what is commonly known as the Internet, of his or her personal political views. (publicité référendaire)referendum survey means an opinion survey of how electors voted or will vote at a referendum. (sondage référendaire)
Referendum Advertising
Not applicable.
Not applicable.
Referendum advertising postersNo landlord or person acting on their behalf may prohibit a tenant from displaying referendum advertising posters on the premises to which the lease relates and no condominium corporation or any of its agents may prohibit the owner of a condominium unit from displaying referendum advertising posters on the premises of his or her unit.Permitted restrictionsDespite subsection (1), a landlord, person, condominium corporation or agent referred to in that subsection may set reasonable conditions relating to the size or type of referendum advertising posters that may be displayed on the premises and may prohibit the display of referendum advertising posters in common areas of the building in which the premises are found.
Not applicable.
Not applicable.
Prohibition — prevention or impairment of transmissionNo person shall prevent or impair the transmission to the public of a referendum advertising message without the consent of a person with authority to authorize its transmission.ExceptionSubsection (1) does not apply with respect tothe prevention or impairment, by a public authority, of an unlawful transmission if reasonable notice has first been given to the person who authorized the transmission; orthe removal by an employee of a public authority of a sign, poster or banner where the posting of it is a hazard to public safety.
Referendum Opinion Surveys
Transmission of referendum survey resultsThe first person who transmits the results of a referendum survey — other than a survey that is described in section 327 — to the public during a referendum period and any person who transmits them to the public within 24 hours after they are first transmitted to the public must provide the following together with the results:the name of the sponsor of the survey;the name of the person or organization that conducted the survey;the date on which or the period during which the survey was conducted;the population from which the sample of respondents was drawn;the number of people who were contacted to participate in the survey; andif applicable, the margin of error in respect of the data obtained.Additional information — published surveysIn addition to the information referred to in subsection (1), the following must be provided in the case of a transmission to the public by means other than broadcasting:the wording of the survey questions in respect of which data is obtained; andthe means by which a report referred to in subsection (3) may be obtained.Report on survey resultsA sponsor of a referendum survey shall, at any time during a referendum period after the results of the survey are transmitted to the public, provide, on request, a copy of a written report on the results of the survey, as transmitted under subsection (1). The report shall include the following, as applicable:the name and address of the sponsor of the survey;the name and address of the person or organization that conducted the survey;the date on which or the period during which the survey was conducted;information about the method used to collect the data from which the survey results are derived, includingthe sampling method,the population from which the sample was drawn,the size of the initial sample,the number of individuals who were asked to participate in the survey and the numbers and respective percentages of them who participated in the survey, refused to participate in the survey, and were ineligible to participate in the survey,the dates and time of day of the interviews,the method used to recalculate data to take into account in the survey the results of participants who expressed no opinion, were undecided or failed to respond to any or all of the survey questions, andany weighting factors or normalization procedures used in deriving the results of the survey; andthe wording of the survey questions and, if applicable, the margins of error in respect of the data obtained.Fee may be chargedA sponsor may charge a fee of up to $0.25 per page for a copy of a report provided under subsection (3).
Broadcast of surveys not based on recognized statistical methodsThe first person who transmits the results of a referendum survey that is not based on recognized statistical methods to the public during a referendum period and any person who transmits them within 24 hours after they are first transmitted to the public must indicate that the survey was not based on recognized statistical methods.
Prohibition — causing transmission of referendum survey results during blackout periodNo person shall knowingly cause to be transmitted to the public, in an electoral district on polling day before the close of all of the polling stations in that electoral district, the results of a referendum survey that have not previously been transmitted to the public.Prohibition — transmission of referendum survey results during blackout periodNo person shall transmit to the public, in an electoral district on polling day before the close of all of the polling stations in that electoral district, the results of a referendum survey that have not previously been transmitted to the public.ApplicationFor the purpose of this section, a person includes a registered referendum committee.
Premature Transmission
Prohibition — premature transmission of resultsNo person shall transmit the result or purported result of the vote in an electoral district to the public in another electoral district before the close of all of the polling stations in that other electoral district.
Broadcasting Outside Canada
Prohibition — use of broadcasting station outside CanadaNo person shall, with intent to influence persons to vote or refrain from voting or vote or refrain from voting for a particular answer to a referendum question, use, aid, abet, counsel or procure the use of a broadcasting station outside Canada, during a referendum period, for the broadcasting of any matter having reference to a referendum.Prohibition — broadcasting outside CanadaDuring a referendum period, no person shall broadcast, outside Canada, referendum advertising with respect to a referendum.
Non-interference by Foreigners
Prohibition — inducements by non-residentsNo person who does not reside in Canada shall, during a referendum period, in any way induce electors to vote or refrain from voting or vote or refrain from voting for a particular answer to a referendum question unless the person isa Canadian citizen; ora permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.
Political Broadcasts
Not applicable.
Not applicable.
Vacancy during referendum periodIn the event of the death, incapacity, resignation or removal of the Broadcasting Arbitrator during the referendum period, the Chief Electoral Officer shall appoint a new Broadcasting Arbitrator without delay for the purposes of the referendum.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Third Party Election Advertising
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Financial AdministrationGeneral Provisions
[Repealed]
Not applicable.
Not applicable.
Registration of Political PartiesApplication for Registration
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Officers, Registered Agents, Auditors and Members
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Change of Information Concerning Parties
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Deregistration of Registered Parties
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
Merger of Registered Parties
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Registration of Electoral District Associations and Financial Administration of Registered AssociationsRegistration of Electoral District Associations
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Deregistration of Registered Associations
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Financial Administration of Registered AssociationsGeneral
Not applicable.
Not applicable.
Processing of Expense Claims
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Financial Reporting
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Payment of Audit Expenses
Not applicable.
Corrections and Extended Reporting Periods
Not applicable.
Not applicable.
Not applicable.
General Financial ProvisionsContributions
Not applicable.
[Repealed]
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Expenses
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Inflation Adjustment Factor
Not applicable.
Financial Administration of Registered PartiesGeneral
Not applicable.
Not applicable.
Processing of Expense Claims
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Maximum Election Expenses
Not applicable.
Not applicable.
Deemed Contributions
Not applicable.
Financial Reporting
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
[Repealed]
Election Expenses Reporting
Not applicable.
Not applicable.
Not applicable.
Corrections and Extended Reporting Periods
Not applicable.
Not applicable.
Not applicable.
Reimbursement of Election Expenses
Not applicable.
Quarterly Allowances
Not applicable.
Not applicable.
Registration and Financial Administration of Leadership ContestantsRegistration
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Financial Administration of Leadership ContestantsPowers, Duties and Functions of Financial Agent
Not applicable.
Not applicable.
Not applicable.
Recovery of Claims
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Return on Financing and Expenses in a Leadership Campaign
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Corrections and Extended Reporting Periods
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Surplus of Leadership Campaign Funds
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Financial Administration of CandidatesPowers, Duties and Functions of Official Agent
Not applicable.
Not applicable.
Not applicable.
Notice of Nomination Meeting
Not applicable.
Election Expenses Limit
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Recovery of Claims
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Return on Financing and Expenses in an Electoral Campaign
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Corrections and Extended Reporting Periods
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Reimbursement of Election Expenses and Personal Expenses
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Surplus of Electoral Funds
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Supply and Use of Forms
Not applicable.
Not applicable.
Nomination Contestant Report and Financial Administration of Nomination ContestantsNomination Contest Report
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Financial Administration of Nomination ContestantsPowers, Duties and Functions of Financial Agent
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Recovery of Claims
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Return on Financing and Expenses in a Nomination Campaign
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Corrections and Extended Reporting Periods
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Surplus of Nomination Campaign Funds
Not applicable.
Not applicable.
Not applicable.
Not applicable.
EnforcementPeace and Good Order at Referendums
Duty to maintain orderEvery returning officer is responsible for maintaining order in his or her office during voting in accordance with Division 4 of Part 11.Duty of other referendum officersEvery deputy returning officer, central poll supervisor and person appointed under paragraph 124(1)(b) is responsible for maintaining order during voting hours at any place where voting takes place in accordance with Part 9 or 10.Order to leave, arrest without warrantIn performing his or her duty under subsection (1) or (2), a referendum officer may, if a person is committing, in the returning officer’s office or other place where the vote is taking place, an offence referred to in paragraph 5(a), section 7 or paragraph 167(1)(a) of this Act or an offence under the Referendum Act or any other Act of Parliament that threatens the maintenance of order, or if the officer believes on reasonable grounds that a person has committed such an offence in such a place, order the person to leave the office or place or arrest the person without warrant.Order must be obeyedEvery person in respect of whom an order is made to leave an office or place must obey it without delay.Power to ejectIf an order to leave an office or place is not obeyed without delay, the person who made it may use such force as is reasonably necessary to eject the person in respect of whom the order was made from the office or place.After arrestThe officer, supervisor or appointed person who arrests a person under subsection (3) shall without delayadvise the person of the right to be represented by counsel and give the person an opportunity to obtain counsel; anddeliver the person to a peace officer to be dealt with in accordance with the Criminal Code.Removal of materialsWhere a returning officer, deputy returning officer, central poll supervisor or person appointed under paragraph 124(1)(b) believes on reasonable grounds that a person has contravened paragraph 166(1)(a) or (b), the officer, supervisor or appointed person may cause to be removed from, in the case of a returning officer, his or her office or, in the case of a deputy returning officer, central poll supervisor or appointed person, the polling station, any material that they believe on reasonable grounds was used in contravention of that paragraph.Peace officer protectionEvery referendum officer has, while performing their duties under this section, all the protection that a peace officer has by law.
OffencesGeneral Provisions
Obstruction, etc., of referendum processEvery person is guilty of an offence who, with the intention of delaying or obstructing the referendum process, contravenes the Referendum Act, otherwise than by committing an offence under subsection (2) or section 481 or 482 or contravening a provision referred to in any of sections 483, 484, 487 to 495, 498 and 499.Public meetingsEvery person is guilty of an offence who, at any time between the issue of a writ and the day after polling day at the referendum, acts, incites others to act or conspires to act in a disorderly manner with the intention of preventing the transaction of the business of a public meeting called for the purposes of the referendum.
Offering bribeEvery person is guilty of an offence who, during a referendum period, directly or indirectly offers a bribe to influence an elector to vote or refrain from voting or to vote or refrain from voting for a particular answer to a referendum question.Accepting bribeEvery elector is guilty of an offence who, during a referendum period, accepts or agrees to accept a bribe that is offered in the circumstances described in subsection (1).
Intimidation, etc.Every person is guilty of an offence whoby intimidation or duress, compels a person to vote or refrain from voting or to vote or refrain from voting for a particular answer to a referendum question; orby any pretence or contrivance, including by representing that the ballot or the manner of voting at a referendum is not secret, induces a person to vote or refrain from voting or to vote or refrain from voting for a particular answer to a referendum question.
Offences Under Part 1 (Referendum Rights)
Offences requiring intent — dual procedureEvery person is guilty of an offence who contravenesparagraph 5(a) (voting when not qualified or entitled) or 5(b) (inducing a person not qualified or entitled to vote, to vote); orsection 7 (voting more than once).
Offences Under Part 3 (Referendum Officers)
Strict liability offences — summary convictionEvery former referendum officer who contravenes paragraph 43(c) (failure to return referendum documents and referendum materials) is guilty of an offence.Offences requiring intent — summary convictionEvery person is guilty of an offence whobeing a returning officer, wilfully contravenes subsection 24(3) (failure to take promptly any necessary referendum proceedings); orcontravenes subsection 43.1(1) (refusal to give access to building or gated community).Offences requiring intent — dual procedureEvery person is guilty of an offence whocontravenes subsection 22(6) (acting as referendum officer knowing requirements not met);knowingly contravenes subsection 23(2) (communication of information for unauthorized purpose);not applicable;being a returning officer or assistant returning officer, wilfully contravenes section 31 (acting in another capacity);contravenes paragraph 43(a) (obstruction of referendum officer) or wilfully contravenes paragraph 43(b) (impersonation of revising agent); orbeing a former referendum officer, wilfully contravenes paragraph 43(c) (failure to return referendum documents and referendum materials).
Offences Under Part 4 (Register of Electors)
Not applicable.
Offences Under Part 6 (Candidates)
Not applicable.
Offences Under Part 7 (Revision of List of Electors)
Offences requiring intent — summary convictionEvery person is guilty of an offence who contravenesparagraph 111(b) or (c) (applying improperly to be included on list of electors); orparagraph 111(f) (unauthorized use of personal information contained in list of electors).Offences requiring intent — dual procedureEvery person who contravenes paragraph 111(a), (d) or (e) (forbidden acts re list of electors) is guilty of an offence.
Offences Under Part 8 (Preparation for the Vote)
Offences requiring intent — summary convictionEvery person who contravenes paragraph 126(b) (unauthorized printing of ballots) is guilty of an offence.Offences requiring intent — dual procedureEvery person is guilty of an offence whobeing a printer who is authorized to print ballots, wilfully contravenes subsection 116(5) (failure to return ballots or unused ballot paper); orcontravenes paragraph 126(a) (forgery of ballot), 126(c) (knowingly printing extra ballot papers), 126(d) (printing of ballot with intent to influence vote) or 126(e) (manufacture, etc., of ballot box with secret compartment).
Offences Under Part 9 (Voting)
Strict liability offences — summary convictionEvery person is guilty of an offence who contravenesbeing an employer, subsection 132(1) (failure to allow time to vote) or 133(1) (making deductions from employees’ wages for time given to vote);section 165 (prohibited use of loudspeaker); orparagraph 166(1)(b) (wearing of emblems, etc., in polling station).Offences requiring intent — summary convictionEvery person is guilty of an offence whocontravenes subsection 143(5) (vouching for more than one elector);contravenes subsection 143(6) (vouchee acting as voucher);contravenes subsection 155(2) (assisting as a friend more than one elector);contravenes subsection 161(6) (vouching for more than one elector);contravenes subsection 161(7) (vouchee acting as voucher);being an elector, contravenes subsection 164(2) (failure to maintain secrecy);contravenes paragraph 166(1)(a) (display of referendum literature in polling place);contravenes subsection 169(5) (vouching for more than one elector); orcontravenes subsection 169(6) (vouchee acting as voucher).Offences requiring intent — dual procedureEvery person is guilty of an offence whobeing an employer, contravenes section 134 (preventing employee from using voting time);being a friend or relative of an elector, wilfully contravenes subsection 155(4) (disclosing for which answer to a referendum question the elector voted);being a referendum officer, an agent of a registered referendum committee or a witness, contravenes subsection 164(1) (failure to maintain secrecy);contravenes paragraph 166(1)(c) (influencing vote in polling station);contravenes any of paragraphs 167(1)(a) to (d) (prohibited acts re ballots) or 167(2)(a) to (d) (prohibited acts re ballots or ballot box with intent to influence vote);being a deputy returning officer, contravenes paragraph 167(3)(a) (initialling ballot with intent to influence vote); orbeing a deputy returning officer, contravenes paragraph 167(3)(b) (placing identifying mark on ballot).
Offences Under Part 10 (Advance Polling)
Offences requiring intent — dual procedureEvery person is guilty of an offence whobeing a deputy returning officer, wilfully contravenes subsection 174(1) (failure to permit person to vote);being a poll clerk, wilfully contravenes subsection 174(2) (failure to record vote); orbeing a deputy returning officer, contravenes section 175 (improper handling of ballot box and ballots at advance poll), being a returning officer, contravenes subsection 176(2) or (3) or, being a deputy returning officer, contravenes subsection 176(3) (failure to cross names off list of electors) with the intention 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.
Offences Under Part 11 (Special Voting Rules)
Strict liability offences — summary convictionEvery returning officer who contravenes section 275 (failure to take required measures re special ballots) is guilty of an offence.Offences requiring intent — summary convictionEvery person who contravenes any of paragraphs 281(a) to (f) (prohibited acts re vote under special voting rules) is guilty of an offence.Offences requiring intent — dual procedureEvery person is guilty of an offence whobeing a deputy returning officer, contravenes any of section 212, subsections 213(1) and (4) and 214(1), section 257 and subsection 258(3) (failure to perform duties with respect to receipt of vote) with the intention 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;being a special ballot officer, contravenes any of subsections 267(1) and (2), section 268 and subsection 269(1) (failure to perform duties re counting of the vote) with the intention 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;being a deputy returning officer or poll clerk, contravenes subsection 276(1), being a deputy returning officer, contravenes subsection 277(1), being a poll clerk, contravenes subsection 277(2), being a deputy returning officer, contravenes subsection 277(3), being a deputy returning officer or poll clerk, contravenes subsection 278(1) or (3) or, being a deputy returning officer, contravenes subsection 279(1) (failure to perform duties re counting of the vote) with the intention 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;contravenes paragraph 281(g) or (h) (prohibited acts re special voting rules); orcontravenes paragraph 282(a) or (b) (intimidation or inducement re vote under special voting rules).
Offences Under Part 12 (Counting Votes)
Strict liability offences — summary convictionEvery returning officer who contravenes section 292 (failure to safeguard ballot box) is guilty of an offence.Offences requiring intent — dual procedureEvery person is guilty of an offence whobeing a deputy returning officer, contravenes any of sections 283 to 288 (failure to perform duties re counting of the vote) with the intention 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; orknowingly contravenes subsection 289(3) (premature counting of votes cast at advance poll).
Offence Under Part 13 (Validation of Results by the Returning Officer)
Offence requiring intent — summary convictionEvery person who wilfully contravenes subsection 296(4) (failure to appear before returning officer) is guilty of an offence.
Offences Under Part 15 (Return of the Writ)
Offences requiring intent — dual procedureEvery returning officer is guilty of an offence who wilfully contravenessubsection 313(1) (failure to declare which answer to a referendum question obtained the largest number of votes); orsection 314 (failure to transmit referendum documents).
Offences Under Part 16 (Communications)
Strict liability offences — summary convictionEvery person is guilty of an offence whonot applicable;contravenes subsection 326(1) or (2) (failure to provide referendum survey information) or, being a sponsor of a referendum survey, contravenes subsection 326(3) (failure to provide report on referendum survey results); orcontravenes section 327 (failure to indicate survey not based on recognized statistical methods).Offences requiring intent — summary convictionEvery person is guilty of an offence who,being a landlord or a condominium corporation, wilfully contravenes section 322 (prohibition of referendum advertising posters on residential premises); orcontravenes section 325 (removal of referendum advertising).Offences requiring intent — summary convictionEvery person who wilfully contravenes section 331 (inducement by foreigners) is guilty of an offence.Offences requiring intent — fine only, summary convictionEvery person is guilty of an offence whowilfully contravenes subsection 326(1) or (2) (failure to provide referendum survey information) or, being a sponsor of a referendum survey, wilfully contravenes subsection 326(3) (failure to provide report on referendum survey results);wilfully contravenes section 327 (failure to indicate survey not based on recognized statistical methods);wilfully contravenes subsection 328(2) (transmission of referendum survey results during blackout period);wilfully contravenes section 329 (premature transmission of the referendum results); orwilfully contravenes subsection 330(1) or (2) (foreign broadcasting);not applicable;not applicable;not applicable;not applicable;not applicable.Offences requiring intent — dual procedureEvery person is guilty of an offence who contravenesnot applicable;subsection 328(1) (causing transmission of referendum survey results during blackout period).
Offences Under Part 17 (Third Party Election Advertising)
Not applicable.
Offences Under Part 18 (Finance)
Not applicable.
Offence Under this Part (Enforcement)
Offence requiring intent — dual procedureEvery person who wilfully contravenes subsection 479(4) (refusal to obey order to leave polling place) is guilty of an offence.
Offences Under Part 21 (General)
Strict liability offence — summary convictionEvery person who contravenes subsection 548(1) (removal of posted referendum documents) is guilty of an offence.Offences requiring intent — dual procedureEvery person is guilty of an offence whoknowingly contravenes subsection 549(3) (taking false oath) or 549(4) (compelling or inducing false oath);not applicable.
Punishment
Not applicable.
Not applicable.
Corrupt Practices
Not applicable.
Miscellaneous Provisions
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
EvidenceIn a prosecution for an offence under the Referendum Act, the written statement of the returning officer is, in the absence of evidence to the contrary, sufficient evidence of the holding of the referendum.
Commissioner of Canada Elections
Commissioner of Canada ElectionsIt shall be the duty of the Commissioner of Canada Elections to ensure that the Referendum Act is complied with and enforced.
Chief Electoral Officer to direct inquiryIf the Chief Electoral Officer believes on reasonable grounds that a referendum officer may have committed an offence against the Referendum Act or that any person may have committed an offence under section 488, paragraph 489(3)(g), section 493 and subsection 499(1), the Chief Electoral Officer shall direct the Commissioner to make any inquiry that appears to be called for in the circumstances and the Commissioner shall proceed with the inquiry.
Director of Public Prosecutions may prosecuteIf the Commissioner believes on reasonable grounds that an offence under the Referendum Act has been committed, the Commissioner may refer the matter to the Director of Public Prosecutions who shall decide whether to initiate a prosecution.InformationIf the Director decides to initiate a prosecution, the Director shall request the Commissioner to cause an information in writing and under oath or solemn declaration to be laid before a justice, as defined in section 2 of the Criminal Code.Search and seizureFor the purposes of section 487 of the Criminal Code, any person charged by the Commissioner with duties relating to the administration or enforcement of the Referendum Act is deemed to be a public officer.
Director’s consent requiredNo prosecution for an offence under the Referendum Act may be instituted by a person other than the Director of Public Prosecutions without the Director’s prior written consent.ExceptionSubsection (1) does not apply to an offence in relation to which a referendum officer has taken measures under subsection 479(3).Proof of consentEvery document purporting to be the Director’s consent under subsection (1) is deemed to be that consent unless it is called into question by the Director or by someone acting for the Director or for Her Majesty.
Commissioner may interveneThe Commissioner, where he or she considers it to be in the public interest, may take any measures, including incurring any expenses, in relation to an inquiry, injunction or compliance agreement under this Act or the Referendum Act.
Limitation periodA prosecution for an offence under the Referendum Act may be instituted at any time but not later than five years after the day on which the Commissioner became aware of the facts giving rise to the prosecution but, in any case, not later than 10 years after the day on which the offence was committed.ExceptionDespite subsection (1), if a prosecution cannot be instituted because the offender has left the jurisdiction of the court, the prosecution may be instituted within one year after the offender’s return.Commissioner’s certificateA document purporting to have been issued by the Commissioner, certifying the day on which the Commissioner became aware of the facts giving rise to a prosecution, is admissible in evidence without proof of the signature or of the official character of the person appearing to have signed the document and, in the absence of any evidence to the contrary, is proof of the matter asserted in it.
Allowance of costsAny court of criminal jurisdiction before which a private prosecution is instituted for an offence against the Referendum Act may order payment by the defendant to the prosecutor of such costs and expenses as appear to the court to have been reasonably incurred in and about the conduct of the prosecution.Prior recognizance requiredA court shall not make an order under subsection (1) unless the prosecutor, before or on the laying of the information, enters into a recognizance with two sufficient sureties, in the amount of $500, and to the satisfaction of the court, to conduct the prosecution with effect and to pay the defendant’s costs in case of acquittal.Costs of defendantIn case of an information by a private prosecutor for an offence against the Referendum Act, if judgment is given for the defendant, the defendant is entitled to recover from the prosecutor the costs incurred by the defendant by reason of the proceedings, which costs shall be taxed by the proper officer of the court in which the judgment is given.
Injunctions
Application for injunctionIf the Commissioner has reasonable grounds to believe that a person has committed, is about to commit or is likely to commit an act or omission that is contrary to the Referendum Act, the Commissioner may, during a referendum period, after taking into account the nature and seriousness of the act or omission, the need to ensure fairness of the referendum process and the public interest, apply to a competent court described in subsection 525(1) of the Canada Elections Act for an injunction described in subsection (2).InjunctionIf the court, on application by the Commissioner under subsection (1), is satisfied that there are reasonable grounds to believe that a person has committed, is about to commit or is likely to commit an act or omission that is contrary to the Referendum Act, and that the nature and seriousness of the act or omission, the need to ensure fairness of the referendum process and the public interest justify the issuing of an injunction, the court may issue an injunction ordering any person named in the application to do one or both of the following:refrain from committing any act that it appears to the court is contrary to the Referendum Act; anddo any act that it appears to the court is required by the Referendum Act.NoticeNo injunction may be issued under subsection (2) unless at least 48 hours notice is given to each person named in the application or the urgency of the situation is such that service of notice would not be in the public interest.
Compliance Agreements
Compliance agreementsSubject to subsection (7), if the Commissioner believes on reasonable grounds that a person has committed, is about to commit or is likely to commit an act or omission that could constitute an offence under the Referendum Act, the Commissioner may enter into a compliance agreement, aimed at ensuring compliance with the Referendum Act, with that person (in this section and sections 518 to 521 called the “contracting party”).Terms and conditionsA compliance agreement may contain any terms and conditions that the Commissioner considers necessary to ensure compliance with the Referendum Act.Obligations of CommissionerBefore entering into a compliance agreement, the Commissioner shalladvise the prospective contracting party of the right to be represented by counsel and give him or her an opportunity to obtain counsel; andobtain the consent of the prospective contracting party to the publication of the agreement under section 521.Admission of responsibilityA compliance agreement may include a statement by the contracting party in which he or she admits responsibility for the act or omission that constitutes the offence.Inadmissible in evidenceThe fact that a compliance agreement was entered into, and any statement referred to in subsection (4), is not admissible in evidence against the contracting party in any civil or criminal proceedings.Effect of compliance agreement — no referralIf a matter has not yet been referred to the Director of Public Prosecutions when a compliance agreement is entered into, no such referral may be made for an act or omission that led to the agreement unless there is non-compliance with it.Matter that has been referredIf a matter has already been referred to the Director of Public Prosecutions, whether or not a prosecution has been initiated, the Director may — if, after consultation with the Commissioner, the Director considers that a compliance agreement would better serve the public interest — remit the matter back to the Commissioner so that it may be so dealt with.Effect of compliance agreementWhen a compliance agreement is entered into, any prosecution of the contracting party for an act or omission that led to it is suspended and, unless there is non-compliance with it, the Director of Public Prosecutions may not institute such a prosecution.RenegotiationThe Commissioner and the contracting party may renegotiate the terms of the compliance agreement at the request of the Commissioner or contracting party at any time before it is fully executed.Copy to be providedThe Commissioner shall provide the contracting party with a copy of a compliance agreement, without delay after it is entered into or renegotiated under subsection (9). If the matter has been referred to the Director of Public Prosecutions, the Commissioner shall also provide a copy of the compliance agreement to the Director.
If agreement complied withIf the Commissioner is of the opinion that the compliance agreement has been complied with, the Commissioner shall cause a notice to that effect to be served on the contracting party. If the matter has been referred to the Director of Public Prosecutions, the Commissioner shall also provide a copy of the notice to the Director.Effect of noticeService of the notice terminates any prosecution of the contracting party that is based on the act or omission in question and prevents the Commissioner from referring the matter to the Director of Public Prosecutions and the Director from instituting such a prosecution.
If agreement not complied withIf the Commissioner is of the opinion that a contracting party has not complied with a compliance agreement, the Commissioner shall cause a notice of default to be served on the contracting party, informing him or her that, as the case may be, the Commissioner may refer the matter to the Director of Public Prosecutions for any action the Director considers appropriate or, if a prosecution was suspended by virtue of subsection 517(8), it may be resumed. If the matter has been referred to the Director of Public Prosecutions, the Commissioner shall also provide a copy of the notice to the Director.
Dismissal of proceedingsThe court shall dismiss proceedings against a contracting party if it is satisfied on a balance of probabilities that he or she has totally complied with the compliance agreement or, in the case of partial compliance and taking into account the contracting party’s performance with respect to the agreement, is of the opinion that the proceedings would be unfair.
PublicationThe Commissioner shall publish, in the manner and form that he or she considers appropriate, a notice that sets out the contracting party’s name, the act or omission in question and a summary of the compliance agreement.
Deregistration
Not applicable.
Contested Elections
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
GeneralReports of Chief Electoral Officer
Polling division reportsThe Chief Electoral Officer shall, in the case of a referendum, without delay, publish, in the manner and form that he or she considers appropriate, a report that sets outby polling division, the number of votes cast for each answer to a referendum question, the number of rejected ballots and the number of names on the final list of electors; andany other information that the Chief Electoral Officer considers relevant.
Report to Speaker on referendumIn the case of a referendum, the Chief Electoral Officer shall, within 90 days after the return of the writ, make a report to the Speaker of the House of Commons that sets outany matter or event that has arisen or occurred in connection with the administration of the Chief Electoral Officer’s office since the last report and that he or she considers should be brought to the attention of the House of Commons; andany measures that have been taken under subsection 17(1) or (3) or sections 509 to 513 since the issue of the writs that he or she considers should be brought to the attention of the House of Commons.Not applicable.
Report on proposed legislative amendmentsThe Chief Electoral Officer shall, as soon as possible after a referendum, make a report to the Speaker of the House of Commons that sets out any amendments that, in his or her opinion, are desirable for the better administration of the Referendum Act.
ConsultationThe Chief Electoral Officer may, before making a report under section 534 or 535, consult the Director of Public Prosecutions on any question relating to measures taken under section 511 or 512.
Not applicable.
Submission of report to House of CommonsThe Speaker of the House of Commons shall submit a report received by him or her from the Chief Electoral Officer under section 534 or 535 to the House of Commons without delay.
Not applicable.
Not applicable.
Polling Divisions
Not applicable.
Amendments to Schedule 3
Not applicable.
Custody of Referendum Documents and Documents Relating to the Register of Electors
Chief Electoral Officer to retain referendum documentsThe Chief Electoral Officer shall retain in his or her possession the referendum documents sent to him or her by a returning officer, with the return of the writ, for at least one year.Documents relating to Register of ElectorsThe Chief Electoral Officer shall, for at least two years after receiving them, retain in his or her possession, on film or in electronic form, all documents that relate to the updating of the Register of Electors.Inspection of documentsNo referendum documents, or documents that relate to the establishment or updating of the Register of Electors, that are retained in the custody of the Chief Electoral Officer under subsection (1) or (2) shall, during the period of their retention, be inspected or produced except under an order of a judge of a superior court, which, if made, the Chief Electoral Officer shall obey.ExceptionSubsection (3) does not prohibit the Chief Electoral Officer, any authorized member of his or her staff or the Commissioner from inspecting the documents referred to in that subsection, and any of those documents may be produced by the Commissioner for the purpose of an inquiry made under section 510 or provided to the Director of Public Prosecutions who may produce them for the purpose of a prosecution — or possible prosecution — by the Director for an offence under this Act or the Referendum Act.Referendum documents or papers admissible in evidence when certifiedWhen a judge of a superior court has ordered the production of referendum documents, the Chief Electoral Officer need not, unless the judge orders otherwise, appear personally to produce them but shall certify the documents and send them by courier to the clerk or registrar of the court, who shall, when the documents have served the purposes of the judge, return them by courier to the Chief Electoral Officer.Certified documentsDocuments purporting to be certified by the Chief Electoral Officer are admissible in evidence without further proof.Filmed or electronic evidenceIn any proceedings under this Act or the Referendum Act, a print that is made from a photographic film or from a document in electronic form made by the Chief Electoral Officer for the purpose of keeping a permanent record of a document, and certified by the Chief Electoral Officer or by a person acting in the name of or under the direction of the Chief Electoral Officer, is admissible in evidence for all purposes for which the recorded document would be admitted as evidence, without proof of the signature or official character of the person appearing to have signed the certificate.Order of CourtA judge may make an order under subsection (3) on being satisfied by evidence on oath that the inspection or production of a document referred to in that subsection is required for the purpose of instituting or maintaining a prosecution for an offence in relation to a referendum.Conditions of inspectionsAn order for the inspection or production of referendum documents or documents that relate to the updating of the Register of Electors may be made subject to any conditions with respect to persons, time, place and mode of inspection or production that the judge considers appropriate.
Inspection of instructions, correspondence and other reportsAll documents referred to in sections 19 and 20 of the Referendum Act, all other reports or statements, other than referendum documents received from referendum officers, all instructions issued by the Chief Electoral Officer under this Act and the Referendum Act, all decisions or rulings by him or her on points arising under this Act and the Referendum Act and all correspondence with referendum officers or others in relation to a referendum are public records and may be inspected by any person on request during business hours.ExtractsAny person may take extracts from documents referred to in subsection (1) and is entitled to obtain copies of them on payment of a fee of up to $0.25 per page.EvidenceAny copies of documents referred to in subsection (1) purporting to be certified by the Chief Electoral Officer are admissible in evidence without further proof.
Fees and Expenses of Referendum Officers
TariffOn the recommendation of the Chief Electoral Officer, the Governor in Council may make a tariff fixing or providing for the determination of fees, costs, allowances and expenses to be paid and allowed to returning officers and other persons employed at or in relation to referendums under this Act and the Referendum Act.Effective dateThe Governor in Council may specify that a tariff made under subsection (1) has effect as of a day that is before the one on which it is made.Copy to House of CommonsA copy of a tariff made under subsection (1) and of any amendment made to one shall be laid before the House of Commons on any of the first 15 days on which that House is sitting after the making of the tariff or amendment.
Not applicable.
Accountable advanceAn accountable advance may be made to a referendum officer to defray office and other incidental expenses in any amount that may be approved under the tariff made under subsection 542(1).Preparation of accountsA returning officer shall prepare, in the prescribed form, all accounts to be submitted by the returning officer to the Chief Electoral Officer and is responsible for their correctness.
Increase of fees and allowancesIf it appears to the Governor in Council that the fees and allowances provided for by a tariff made under subsection 542(1) are not sufficient remuneration for the services required to be performed at a referendum, or that a claim for any necessary service performed or for materials supplied for or at a referendum is not covered by the tariff, the Governor in Council may authorize the payment of any sum or additional sum for the services or materials supplied that the Governor in Council considers just and reasonable.Payment of additional sumsThe Chief Electoral Officer may, in accordance with regulations made by the Governor in Council, in any case in which the fees and allowances provided for by a tariff made under subsection 542(1) are not sufficient remuneration for the services required to be performed at a referendum, or for any necessary service performed, authorize the payment of such additional sum for the services as he or she considers just and reasonable.
Taxation of accountsThe Chief Electoral Officer shall, in accordance with the tariff made under subsection 542(1), tax all accounts that relate to the conduct of a referendum and transmit them without delay to the Receiver General.Rights savedDespite subsection (1), the rights, if any, of claimants to compel payment or further payment by process of law remain unimpaired.
Notice
Giving of noticesWhen any referendum officer is by this Act authorized or required to give a public notice and no special mode of notification is indicated, the notice may be in the form and given in the manner established by the Chief Electoral Officer.Posting of notices, etc.Notices and other documents required by this Act to be posted may be posted despite any law of Canada or of a province or any municipal ordinance or by-law.
Prohibition — removal of noticesNo person shall, without authority, remove, cover up or alter any Notice of Referendum or other document that is authorized or required by this Act to be posted.NoticeA notice that may be easily read — to the effect that it is an offence with severe penalties to remove, cover up or alter the document — shall appear on, or be posted near, a Notice of Referendum or other document referred to in subsection (1).
Oaths and Affidavits
Administration of oaths, etc.When an oath or affidavit is authorized or directed to be taken under this Act or the Referendum Act, it shall be administered by the person who by this Act is expressly required to administer it and, if there is no such person, then by the Chief Electoral Officer or a person designated by him or her in writing, a judge, the returning officer, an assistant returning officer, a deputy returning officer, a poll clerk, a notary public, a provincial court judge, a justice of the peace or a commissioner for taking affidavits in the province.No fees for oaths, etc.All oaths or affidavits taken under this Act or the Referendum Act shall be administered free of charge.Taking oath falselyNo person shall take falsely an oath that is provided for by this Act or the Referendum Act.Compelling or inducing false oathNo person shall compel, induce or attempt to compel or induce any other person to take falsely an oath that is provided for by this Act or the Referendum Act.
Signed Pledges by Candidates Prohibited
Not applicable.
By-Elections
Not applicable.
Forms
Not applicable.
Payments out of Consolidated Revenue Fund
Not applicable.
Amendments
Not applicable.Consolidation of amendmentsIt is the duty of the Chief Electoral Officer immediately after the passing of an amendment to this Act to consolidate the amendment, so far as necessary, in the copies of the Act printed for distribution to returning officers, to correct and reprint all forms and instructions affected by it and to publish a notice in the Canada Gazette as soon as copies of the Act and the forms and instructions have been so corrected and reprinted.
FORM 1: Not applicable.FORM 2The text Notice of Referendum next to the Arms of Canada with the word Canada belowof which all persons are asked to take notice and to govern themselves accordingly and in obedience to Her Majesty’s writ directed to me for the electoral district ofdont chacun est requis de prendre connaissance et d’agir en conséquence, en conformité avec le bref de Sa Majesté m’ordonnant de tenir un référendum dans la circonscription deOutline of a rectanglefor the purpose of holding a referendum, public notice is hereby given of the following:un avis public est par les présentes donné de ce qui suit :POLLING DAY WILL BELE SCRUTIN SE TIENDRAThe word Monday in large font above the text from 9:00 a.m. until 8:00 p.m.Le mot lundi dans une police de grande taille au-dessus du texte de 9 heures à 20 heuresI HAVE ESTABLISHED MY OFFICE for the conduct of the referendum at the following location, where I shall add up the votes cast for each answer to the referendum question.J’AI ÉTABLI MON BUREAU pour la conduite du référendum à l’endroit suivant où j’additionnerais les votes déposés en faveur de chacune des réponses à la question référendaire.
GIVEN UNDER MY HANDDONNÉ SOUS MON SEING
AT:À :DATE:RETURNING OFFICER – DIRECTEUR DU SCRUTIN
OFFENCE: It is an offence with severe penalties to remove, cover up or alter this document.INFRACTION : Quiconque enlève, recouvre ou modifie de quelque façon ce document commet une infraction entraînant des peines sévères.
FORM 3: Not applicable.FORM 4: Not applicable.