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

Full Document:  

Act current to 2021-06-03 and last amended on 2019-06-13. Previous Versions

PART 11Special Voting Rules (continued)

DIVISION 2Canadian Forces Electors (continued)

Voting (continued)

Marginal note:Declaration of elector

 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.

  •  (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

  •  (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]

Marginal note:Voting by unit election officer

 A unit election officer who is qualified to vote may vote in accordance with this Division.

Marginal note:Assistance by unit election officer

  •  (1) If an elector is unable to read or because of a disability is unable to vote in the manner described in this Division, the unit election officer shall assist him or her by

    • (a) completing the declaration referred to in section 212 and writing the elector’s name where the elector’s signature is to be written; and

    • (b) marking the special ballot as directed by the elector in the elector’s presence and in the presence of another elector selected by the elector as a witness.

  • Marginal note:Note and keeping vote secret

    (2) The unit election officer and an elector acting as a witness shall

    • (a) sign a note on the declaration indicating that the elector was assisted; and

    • (b) keep secret the name of the candidate for whom the elector voted.

Marginal note:Hospitalized or convalescing elector

  •  (1) An 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.

  • Marginal note:Unit election officer for hospitalized electors

    (2) If no unit election officer has been designated for a service hospital or convalescent institution, the unit election officer for the unit to which the hospital or institution belongs is the unit election officer for electors who are patients in the hospital or institution.

  • Marginal note:Bed-ridden electors

    (3) A unit election officer for electors who are patients in a service hospital or convalescent institution may, if that officer considers it advisable and the officer in charge of the hospital or institution approves, go from room to room to administer and collect the votes of electors who are confined to bed.

Marginal note:Duty, leave or furlough

 An elector who provides satisfactory evidence of his or her absence from his or her unit during the voting times fixed for the polling stations in that unit because of duty, leave or furlough may apply to a unit election officer of another unit, in accordance with section 211.2, to vote at that officer’s polling station.

Marginal note:Delivery of documents to the commanding officer

  •  (1) The unit election officer shall deliver to the unit’s commanding officer,

    • (a) at the end of each voting day, if feasible, and no later than the end of the voting period, the outer envelopes containing the marked special ballots, the applications for registration and special ballot that were accepted by the unit election officer and the service number of each elector who received a special ballot; and

    • (b) at the end of the voting period, any spoiled outer envelopes, any spoiled special ballots and any other election documents and election materials in the unit election officer’s possession.

  • Marginal note:Delivery of outer envelopes, etc.

    (1.1) On receipt of the outer envelopes and applications for registration and special ballot referred to in paragraph (1)(a), the commanding officer shall deliver them to the special voting rules administrator.

  • Marginal note:Provision of information

    (1.2) On receipt of the service numbers referred to in paragraph (1)(a), the commanding officer shall inform the special voting rules administrator, through the liaison officer, of the identity of the electors who received a special ballot.

  • Marginal note:Delivery of election documents and election materials

    (2) On receipt of the election documents and election materials referred to in paragraph (1)(b), the commanding officer shall deliver them to the special voting rules administrator with all other election documents and election materials in the commanding officer’s possession.

Marginal note:Informing the returning officer

  •  (1) On being informed under subsection 219(1.2) that an elector has received a special ballot, the special voting rules administrator shall inform the returning officer for the electoral district of the elector’s place of ordinary residence of this.

  • Marginal note:Name on list of electors

    (2) When the returning officer is informed under subsection (1) that an elector has received a special ballot, he or she shall

    • (a) if the elector’s name is not already included on a list of electors, enter the elector’s name on the list of electors for the appropriate polling division in that electoral district; and

    • (b) indicate on the list of electors that the elector has received a special ballot.

 
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