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

Marginal note:Requirement before making solemn declaration — elector

• 161.1 (1) If a person decides to prove his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the qualifications for electors and the penalty that may be imposed under this Act on a person who contravenes subsection 161(5.1) or 549(3).

• Marginal note:Requirement before making solemn declaration — vouching for elector

  (2) If a person decides to vouch for an elector by making the solemn declaration referred to in subsection 549.1(2) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the penalty that may be imposed under this Act on a person who contravenes any of subsections 282.1(1) to (3) or 549(3).

Duties of Election Officers Assigned to Polling Station

Marginal note:Duties

162 An election officer assigned to a polling station — and not necessarily the same election officer for all of the following — shall

• (a) make, on the prescribed form, the entries required under this Act;

• (b) 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;

• (c) 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;

• (d) [Repealed, 2018, c. 31, s. 110]

• (e) indicate, if applicable, on the prescribed form that the elector has voted under section 146;

• (f) indicate, if applicable, on the prescribed form that the elector has made a solemn declaration and the type of solemn declaration;

• (g) 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 make a solemn declaration;

• (h) indicate, if applicable, on the prescribed form that the elector has been allowed to vote under subsection 148.1(2);

• (i) indicate, if applicable, on the prescribed form that an elector has voted in the circumstances described in section 147, that the solemn declaration referred to in subsection 549.1(1) has been made or that any other solemn declaration that was required to be made was made, note any objection that was made on behalf of any of the candidates and indicate the candidate’s name;

• (i.1) prepare, at intervals of no less than 30 minutes, using the prescribed form and as directed by the Chief Electoral Officer, a document permitting the identification of every elector who during that interval has exercised his or her right to vote on polling day — excluding electors who registered on that day — and, on request, provide it to a candidate’s representative;

• (i.2) prepare, each day after the close of the advance polling station, using the prescribed form and as directed by the Chief Electoral Officer, a document permitting the identification of every elector who has exercised his or her right to vote on that day — excluding electors who registered on that day — and, on request, provide it to a candidate’s representative; and

• (j) indicate, if applicable, on the prescribed form, that an elector has voted under a registration certificate issued under subsection 161(4).

Secrecy

Marginal note:Secret vote

163 The vote is secret.

Marginal note:Procedure in case of contravention of secrecy

• 164 (1) It is the duty of the election officers who are present at the polling station to draw the attention of any elector to an offence that the elector commits in contravening any of paragraphs 281.6(3)(a) to (c) 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.

• Marginal note:Clarification

  (2) For greater certainty, if one election officer performs his or her duty under subsection (1) with regard to an elector, no other election officer need do so with regard to that elector.

Audit

Marginal note:Engagement of auditor

164.1 For each general election and by-election, the Chief Electoral Officer shall engage an auditor that he or she considers to have technical or specialized knowledge — other than a member of his or her staff or an election officer — to perform an audit and report on whether election officers have properly exercised any of the powers conferred on them under this Act, or properly performed any of the duties imposed on them under this Act, that are specified by the Chief Electoral Officer.

Prohibitions

Marginal note:Prohibition — use of loudspeakers on polling day

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

Marginal note:Prohibitions — emblems, etc., in polling station

• 166 (1) No person shall

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

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

  • (c) [Repealed, 2018, c. 31, s. 113]

• Marginal note:Exception

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

167 [Repealed, 2018, c. 31, s. 114]

PART 10Advance Polling

Establishment of Advance Polling Stations

Marginal note:Establishment of advance polling districts

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

• Marginal note:Description of districts

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

• Marginal note:Establishment of advance polling station

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

• Marginal note:Combining advance polling districts

  (4) When a request is made to a returning officer not later than four days after the issue of the writ, the returning officer may, with the prior approval of the Chief Electoral Officer, combine two advance polling districts into one district.

• Marginal note:Request to move an advance polling station

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

• Marginal note:Accessibility

  (6) An advance polling station shall be in premises that are accessible to electors with a disability.

• Marginal note:Exception

  (7) If a returning officer is unable to secure suitable premises for an advance polling station that are accessible to electors with a disability, the returning officer may, with the prior approval of the Chief Electoral Officer, establish the advance polling station in premises that are not accessible to such electors.

• Marginal note:Advance polling station in more than one premises

  (8) If the returning officer is of the opinion that an advance polling district consists of or includes remote, isolated or low-density communities, the returning officer may, with the prior approval of the Chief Electoral Officer and in accordance with the Chief Electoral Officer’s instructions, establish the advance polling station for that district in premises in more than one such community, and have the election officers who are assigned to the advance polling station — along with the ballot box, ballots and other necessary election documents — be at given ones of those premises on different days of advance polling to take electors’ votes. For greater certainty, subsections (5) to (7) apply to the advance polling station.

Transfer Certificates

Marginal note:Transfer certificate for candidate

• 168.1 (1) A candidate whose name appears on the revised list of electors for an advance polling station is entitled on request to receive a transfer certificate to vote at another advance polling station in the same electoral district.

• Marginal note:Transfer certificate for election officer

  (2) An election officer who is assigned to an advance polling station shall issue a transfer certificate to any person — other than himself or herself — whose name appears on the revised list of electors for the advance polling station and who has been appointed to act as an election officer for another advance polling station.

• Marginal note:Condition

  (3) A transfer certificate issued under subsection (2) authorizes the person to vote at the advance polling station named in it only if, on one of the days of advance polling, the person performs the duty specified in the certificate at the place mentioned in the certificate.

• Marginal note:Transfer certificate for elector whose advance polling station has moved

  (4) If an elector’s advance polling station moves to another location after the notice of confirmation of registration has been sent, an elector who attends at the advance polling station set out in the notice is entitled on request to receive a transfer certificate to vote at that advance polling station.

Marginal note:Transfer certificate for elector with disability

• 168.2 (1) An elector who has a disability and is therefore unable to vote without difficulty in his or her advance polling station may apply for a transfer certificate to vote at another advance polling station in the same electoral district.

• Marginal note:Application requirements

  (2) The application shall be made in accordance with the Chief Electoral Officer’s instructions.

• Marginal note:Issue of transfer certificate to elector with disability

  (3) An election officer shall issue a transfer certificate in the prescribed form, and provide the certificate to the person who submitted the application to the officer, if the officer is satisfied that the elector’s name appears on the revised list of electors for the electoral district.

Marginal note:Signing, numbering and recording transfer certificate

168.3 The election officer who issues a transfer certificate shall

• (a) fill in and sign the certificate and mention on it the date of its issue;

• (b) consecutively number the certificate in the order of its issue;

• (c) keep a record of the certificate in the order of its issue on the prescribed form;

• (d) not issue the certificate in blank; and

• (e) if possible, send a copy of the certificate to an election officer who is assigned to the advance polling station on whose list of electors appears the name of the person to whom the certificate has been issued.

Registration

Marginal note:Registration at advance polling station

• 169 (1) Every elector whose name is not on the revised list of electors may register in person, at the advance polling station where the elector is entitled to vote, before an election officer who is assigned to that advance polling station.

• Marginal note:Conditions

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

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

  • (b) proves his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing and is accompanied by another elector whose name appears on the list of electors for the same polling station and who

    • (i) provides the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing either an address that proves that other elector’s residence or an address that is consistent with information related to that other elector that appears on the list of electors, and

    • (ii) vouches for the elector by making the solemn declaration referred to in subsection 549.1(2) in writing.

• Marginal note:Vouching for electors in long-term care institution

  (2.01) If an elector who resides in an institution for seniors or persons with a disability wishes to prove his or her identity and residence under subsection (2), the other elector referred to in paragraph (2)(b) who accompanies him or her may be an employee of the institution who resides — despite that paragraph — in any polling division in the elector’s electoral district or an adjacent electoral district.

• Marginal note:Definition of employee

  (2.02) In subsection (2.01), employee includes an owner of the institution and any person who occupies a management position at the institution.

• Marginal note:Examination of identification documents

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

• Marginal note:Registration certificate

  (3) If the elector satisfies the requirements of subsection (2), an election officer who is assigned to the advance polling station shall complete a registration certificate in the prescribed form authorizing the elector to vote and the elector shall sign it. The registration certificate shall include a solemn declaration made by the elector that he or she is qualified as an elector under section 3.

• Marginal note:Entry

  (4) An election officer who is assigned to the advance polling station shall indicate on the prescribed form the names of the electors who are permitted to vote under this section.

• Marginal note:Prohibition — registration at advance polling station

  (4.1) It is prohibited for any person to

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

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

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

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

• (5) [Repealed, 2018, c. 31, s. 117]

• (6) [Repealed, 2018, c. 31, s. 117]