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

Duties of Commanding Officers

Marginal note:Notice

• 204 (1) On being informed of the issue of the writs, each commanding officer shall

  • (a) publish a notice as a part of unit orders; and

  • (b) prepare a list of the names of the electors of his or her unit.

• Marginal note:Contents of notice

  (2) The notice shall notify electors that an election has been called and of the date of polling day and shall inform the electors that

  • (a) they may vote in accordance with this Division; and

  • (b) the commanding officer will designate one or more unit election officers to collect their votes and fix the voting times during the voting period.

• Marginal note:Contents of list

  (3) The list shall be arranged alphabetically and shall indicate each elector’s surname, given names and service number, the address of his or her place of ordinary residence and his or her electoral district.

Marginal note:Alternative address — commanding officer

• 204.1 (1) For the purpose of maintaining operational security, a commanding officer may indicate on the list of electors, with respect to some or all of the electors in the commanding officer’s unit, their alternative address rather than the address that would otherwise be indicated under subsection 204(3).

• Marginal note:Alternative address — elector

  (2) For the purpose of maintaining operational security or out of a reasonable apprehension of bodily harm if the address of his or her place of ordinary residence were to appear on the list of electors, an elector may ask his or her commanding officer not to indicate that address on the list of electors. The commanding officer, unless he or she considers that it would not be in the public interest to do so, shall grant the request and indicate the elector’s alternative address on the list.

• Marginal note:Special voting rules administrator informed

  (3) The commanding officer shall inform the special voting rules administrator, through a liaison officer, that an alternative address has been indicated under this section.

• Marginal note:Clarification

  (4) For greater certainty, the indication of an alternative address on the list of electors under this section does not change the elector’s place of ordinary residence for the purposes of this Act.

Marginal note:Duties of commanding officer

• 205 (1) After being informed of the issue of the writs, but no later than the 28th day before polling day, each commanding officer shall

  • (a) establish polling stations;

  • (b) designate a sufficient number of electors as unit election officers to allow for voting to take place at each polling station;

  • (c) through a liaison officer, provide the special voting rules administrator with a list of the unit election officers and their ranks, and the list of electors for the unit; and

  • (d) provide the unit election officers with the list of electors for the unit.

• Marginal note:Facilities

  (2) Each commanding officer shall provide the facilities that are necessary to enable the electors to vote in accordance with this Division.

• Marginal note:Voting times

  (3) Each 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.

Marginal note:Mobile polling station

• 206 (1) A 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.

• Marginal note:Opening period

  (2) A 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.

Marginal note:Joint polling stations

207 The commanding officers of units may establish a joint polling station for electors in their units, if the commanding officers consider that it would be useful to do so for carrying out the purposes and provisions of this Division.

Marginal note:Notice of polling stations and voting times

208 During 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 states

• (a) the days on which the electors may vote;

• (b) the precise location of, and the voting hours at, each polling station, other than a mobile polling station; and

• (c) in the case of a mobile polling station, its location and the anticipated period during which it is to remain at that location.

Marginal note:Election materials

209 On receiving election materials and the list of candidates, each commanding officer shall

• (a) distribute the materials to the unit election officers; and

• (b) display the list in one or more conspicuous places or make it otherwise accessible to electors in their unit.

Voting

Marginal note:Duties of unit election officer

210 During the voting period, a unit election officer shall

• (a) display the voting instructions provided by the Chief Electoral Officer in relation to the vote under this Division in conspicuous places at each polling station or make them otherwise accessible to electors; and

• (b) keep available for consultation by the electors the text of this Part, the election materials necessary for determining in which electoral district an elector is entitled to vote and the list of candidates.

Marginal note:Representative of registered party

211 A Canadian citizen may represent a registered party at a polling station if he or she provides the unit election officer with a copy of an authorization in the prescribed form signed by a candidate for the party.

Marginal note:Elector to give name, etc.

• 211.1 (1) Each elector, on arriving at the polling station, shall give his or her name and service number and the address of his or her place of ordinary residence to the unit election officer and, on request, to a representative of a registered party.

• Marginal note:Alternative address

  (2) For the purpose of subsection (1), if an alternative address is indicated on the list of electors under section 204.1 in respect of the elector, the elector may provide that alternative address.

• Marginal note:Proof of identity

  (3) If the unit election officer determines that the elector’s name, service number and address appear on the list of electors, then the elector shall provide the officer with the following proof of the elector’s identity:

  • (a) one piece of identification issued by the Canadian Forces that contains a photograph of the elector and his or her name and service number; or

  • (b) two pieces of identification of a type authorized under section 211.3 each of which establishes the elector’s name and at least one of which establishes his or her service number.

• Marginal note:Examination of identification documents

  (4) A representative of a registered party may examine, but not handle, any piece of identification presented under this section.

• Marginal note:Name crossed off the list

  (5) If the unit election officer is satisfied that an elector’s identity has been proven in accordance with this section, the elector’s name shall be crossed off the list of electors.

Marginal note:Application for registration and special ballot

• 211.2 (1) An elector whose name does not appear on the list of electors or whose address on the list does not correspond with the elector’s place of ordinary residence may complete an application for registration and special ballot and provide the unit election officer with the following proof of the elector’s identity:

  • (a) one piece of identification issued by the Canadian Forces that contains a photograph of the elector and his or her name and service number; or

  • (b) two pieces of identification of a type authorized under section 211.3 each of which establishes the elector’s name and at least one of which establishes his or her service number.

• Marginal note:Content of application

  (2) An application for registration and special ballot shall be in the prescribed form and shall include the following information relating to each elector:

  • (a) his or her surname and given names;

  • (b) his or her date of birth;

  • (c) his or her service number;

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

  • (e) his or her current mailing address; and

  • (f) any other information that the Chief Electoral Officer considers necessary to determine the electoral district in which he or she is entitled to vote.

• Marginal note:Alternative addresses

  (3) For the purpose of maintaining operational security or out of a reasonable apprehension of bodily harm if he or she were to indicate the addresses referred to in paragraph 2(d), the elector may apply to the elector’s commanding officer to use another address for that purpose. The commanding officer, unless he or she considers that it would not be in the public interest to do so, shall grant the application and provide the elector with the alternative address that is to be used on the application for registration and special ballot.

• Marginal note:Optional information

  (4) In addition to the information specified in subsection (2), 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, but the elector is not required to provide that information.

• Marginal note:Examination of identification documents

  (5) A representative of a registered party may examine, but not handle, any piece of identification presented under this section.

• Marginal note:Acceptance of the application

  (6) If the unit election officer is satisfied that an elector’s identity has been proven in accordance with this section, the unit election officer shall accept the application for registration and special ballot.

• Marginal note:Application of subsections 204.1(3) and (4)

  (7) If an alternative address is used in accordance with subsection (3), subsections 204.1(3) and (4) apply with any necessary modifications.

Marginal note:Authorized types of identification

211.3 The Chief Electoral Officer may authorize types of identification, in consultation with the coordinating officer, for the purposes of paragraphs 211.1(3)(b) and 211.2(1)(b). For greater certainty, any document may be authorized, regardless of who issued it.

Marginal note:Declaration of elector

212 The unit election officer shall require the elector whose name has been crossed off the list of electors or whose application for registration and special ballot has been accepted to sign the declaration prescribed by the Chief Electoral Officer.

Marginal note:Provision of special ballot, etc.

• 213 (1) A unit election officer shall, once the elector has signed the declaration referred to in section 212, give the elector a special ballot, an inner envelope, the declaration — if it is not on the outer envelope — and the outer envelope.

• Marginal note:Limitation

  (1.1) An elector who has received a special ballot under subsection (1) may vote only under this Division.

• Marginal note:Voting on special ballot

  (2) The elector shall use the special ballot to vote by writing on it, in private, the name of the candidate of his or her choice, folding it and, in the presence of the unit election officer,

  • (a) placing the folded special ballot in the inner envelope and sealing the envelope; and

  • (b) placing the inner envelope and the declaration — if it is not on the outer envelope — in the outer envelope and sealing the outer envelope.

• Marginal note:Writing candidate’s name

  (3) The candidate shall be indicated on a special ballot by writing the candidate’s given name or initials and surname. If two or more candidates have the same name, their political affiliations shall be indicated.

• Marginal note:Spoiled special ballot

  (4) If the special ballot is incapable of being used, the elector shall return it to the unit election officer, who shall mark it as a spoiled ballot and give the elector another special ballot.

• Marginal note:Limit

  (5) An elector shall not be given more than one special ballot under subsection (4).

Marginal note:Information to be provided to elector

• 214 (1) The unit election officer shall inform an elector that, in order for the special ballot to be counted, the outer envelope must be received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on polling day. The unit election officer shall inform the elector of the service provided by the Canadian Forces to deliver the outer envelope.

• Marginal note:Sending the outer envelope

  (2) If 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.

• (3) [Repealed, 2018, c. 31, s. 145]