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

Marginal note:Application

• 178 (1) The voting procedures contained in this Part apply to general elections only.

• Marginal note:Exception

  (2) The Chief Electoral Officer may, by instructions, adapt this Part so that any or all of its provisions apply to a by-election.

Marginal note:Instructions

179 For 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.

DIVISION 1Administration and General Procedures

180 [Repealed, 2018, c. 31, s. 125]

Marginal note:Appointment of special voting rules administrator

181 The Chief Electoral Officer shall appoint, in the prescribed form, a special voting rules administrator.

Marginal note:Duties of special voting rules administrator

182 The special voting rules administrator shall

• (a) secure suitable premises;

• (b) retain the solemn declaration of each special ballot officer that is made under subsection 23(1);

• (c) obtain from the liaison officers the lists prepared under paragraph 204(1)(b);

• (d) obtain from the liaison officers the lists of the names of unit election officers that the commanding officers are required to provide;

• (e) distribute the election materials and the list of candidates;

• (f) receive, validate, examine and sort the completed outer envelopes that contain special ballots marked by electors;

• (g) proceed with the counting of the votes of electors; and

• (h) communicate the results of the votes cast in accordance with this Part.

Marginal note:Special ballot officers

• 183 (1) After the issue of the writs, the Chief Electoral Officer shall appoint a minimum of six special ballot officers as follows:

  • (a) three, on the recommendation of the Prime Minister or a person whom the Prime Minister designates in writing;

  • (b) two, on the recommendation of the Leader of the Opposition or a person whom that Leader designates in writing; and

  • (c) one, 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.

• Marginal note:Appointment of special ballot officers

  (2) A special ballot officer shall be appointed in the prescribed form.

Marginal note:Appointment of additional special ballot officers

• 184 (1) If 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).

• Marginal note:Decision of Chief Electoral Officer

  (2) If 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.

Marginal note:Merger of parties

• 185 (1) In 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.

• Marginal note:Decision of Chief Electoral Officer

  (2) In 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.

Marginal note:Form of special ballots

186 Special ballots supplied by the Chief Electoral Officer to electors under this Part shall be in accordance with Form 4 of Schedule 1.

Marginal note:Distribution of election materials

186.1 Without delay after the writs are issued, 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 place the election materials necessary to carry out the purposes and provisions of this Part, including materials for the purpose of determining in which electoral district an elector is entitled to vote.

Marginal note:List of candidates

187 The Chief Electoral Officer shall establish a list of candidates nominated in each electoral district and, in accordance with section 117, set out the political affiliation of each of them.

Marginal note:Delivery of list of candidates

188 Without delay after a list of candidates is established, the special voting rules administrator shall provide the list to the coordinating officer, to every liaison officer and commanding officer and, as the special voting rules administrator considers appropriate, to any other person.

189 [Repealed, 2018, c. 31, s. 128]

DIVISION 2Canadian Forces Electors

Interpretation

Marginal note:Definitions

190 The definitions in this section apply in this Division.

alternative address

alternative address means the address of the office of the returning officer for the electoral district of the elector’s place of ordinary residence. (adresse de substitution)

elector

elector means a person referred to in section 191. (électeur)

service number

service number means a unique identifier assigned by the Canadian Forces under the National Defence Act to each member of the Canadian Forces. (numéro matricule)

voting period

voting period means the period beginning 14 days before polling day and ending 9 days before polling day. (période de scrutin)

Marginal note:Election officers

190.1 For the purpose of section 9, subsections 23(1) and (2) and section 23.1, the coordinating officer, liaison officers designated under subsection 199.2(1), commanding officers and unit election officers are deemed to be election officers and paragraph 43(c), subsection 484(1) and paragraph 484(3)(f) also apply to them if they are relieved of duty.

Voting Entitlement

Marginal note:Qualification and right to vote

191 Any of the following persons is entitled to vote under this Division if he or she is qualified as an elector under section 3:

• (a) a member of the regular force of the Canadian Forces;

• (b) a member of the reserve force of the Canadian Forces; and

• (c) a member of the special force of the Canadian Forces.

• (d) [Repealed, 2018, c. 31, s. 133]

Registration

Marginal note:Right to register

• 192 (1) When a person becomes entitled to vote under this Division, the person’s commanding officer shall inform him or her of the right to ask the Chief Electoral Officer to include him or her in the Register of Electors or, if already included in it, to ask for his or her registration to be updated.

• Marginal note:Right to register — future elector

  (2) When a future elector is enrolled in the Canadian Forces, or when a member of the Canadian Forces becomes qualified as a future elector, the future elector’s commanding officer shall inform him or her of the right to ask the Chief Electoral Officer to include him or her in the Register of Future Electors or, if already included in it, to ask for his or her registration to be updated.

• Marginal note:Service number

  (3) An elector, or a future elector who is a member of the Canadian Forces, who asks the Chief Electoral Officer to include him or her in the Register of Electors or Register of Future Electors, or asks for his or her registration to be updated, must provide his or her service number to the Chief Electoral Officer.

193 [Repealed, 2018, c. 31, s. 134]

194 [Repealed, 2018, c. 31, s. 134]

195 [Repealed, 2018, c. 31, s. 134]

196 [Repealed, 2018, c. 31, s. 134]

197 [Repealed, 2018, c. 31, s. 134]

198 [Repealed, 2018, c. 31, s. 134]

Coordinating Officer

Marginal note:Designation

• 199 (1) The Minister of National Defence shall designate a person as a coordinating officer to work, during and between elections, with the Chief Electoral Officer in carrying out the purposes and provisions of this Division.

• Marginal note:Duty

  (2) The coordinating officer shall, on request, provide to the Chief Electoral Officer the following information relating to each elector or future elector:

  • (a) his or her surname, given names, gender, rank and service number;

  • (b) his or her date of birth;

  • (c) the civic address and mailing address of his or her place of ordinary residence; and

  • (d) his or her current mailing address.

• Marginal note:Updating Register of Electors

  (3) The Chief Electoral Officer may use the information provided under subsection (2) to update the Register of Electors or Register of Future Electors.

• Marginal note:Retention of certain information

  (4) The Chief Electoral Officer may retain the information provided under subsection (2), but not included in the Register of Electors or Register of Future Electors, for the purpose of correlating information subsequently collected with information already contained in the relevant register.

• Marginal note:Information provided to coordinating officer

  (5) The Chief Electoral Officer may provide the coordinating officer with the information referred to in paragraphs (2)(a) to (d) relating to each elector or future elector who has provided a service number under this Part.

Marginal note:Cooperation

199.1 The coordinating officer shall cooperate with the special voting rules administrator to facilitate the voting, under Divisions 3 and 4 of this Part, of

• (a) a person employed by or in support of the Canadian Forces outside Canada;

• (b) a person who accompanies a unit or other element of the Canadian Forces that is on service or active service outside Canada, within the meaning of subsection 61(1) of the National Defence Act; or

• (c) a person who resides outside Canada with a member of the Canadian Forces or with a person referred to in paragraph (a) or (b).

Liaison Officers

Marginal note:Designation

• 199.2 (1) The Minister of National Defence shall designate one or more electors as liaison officers to work, during and between election periods, with the Chief Electoral Officer and the coordinating officer in carrying out the purposes and provisions of this Division.

• Marginal note:Duty of coordinating officer

  (2) The coordinating officer shall provide the Chief Electoral Officer with the name and address of each liaison officer as each one is designated.

Steps to Prepare for Vote

Marginal note:Duty of Chief Electoral Officer

200 Without 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.

201 [Repealed, 2018, c. 31, s. 137]

Marginal note:Duty of coordinating officer

202 On being informed of the issue of the writs, the coordinating officer shall inform each liaison officer and commanding officer of their issue.

Marginal note:Duty of liaison officers — information

203 On being informed of the issue of the writs, a liaison officer shall give each commanding officer in respect of whose unit the liaison officer has liaison duties all necessary information for carrying out the purposes and provisions of this Division.