Canada Elections Act

Marginal note:Counting of votes on polling day

• 289 (1) At least two election officers who are assigned to an advance polling station and who are specified in accordance with the Chief Electoral Officer’s instructions shall, at the close of the polling stations on polling day, attend at the place mentioned in the notice of advance poll in subparagraph 172(a)(iii) to count the votes.

• Marginal note:Application of rules for counting votes

  (2) Subsections 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 except that

  • (a) for the application of paragraph 283(3)(e), the two or more election officers who are specified in accordance with the Chief Electoral Officer’s instructions shall open the ballot boxes and empty their contents onto a table; and

  • (b) for the application of subsection 288(4), the large envelope and the envelope that contains the copy of the statement of the vote shall be placed in the ballot box used on the last day of advance polling.

• Marginal note:Prohibition

  (3) Subject to subsection (4), no person shall make a count of the votes cast at an advance poll before the close of voting hours on polling day.

• Marginal note:Exception

  (4) The two or more election officers who are specified in accordance with the Chief Electoral Officer’s instructions may begin counting the votes cast at an advance poll one hour before the close of voting hours on polling day if

  • (a) the returning officer who is responsible for the advance polling station has obtained the Chief Electoral Officer’s prior approval for the counting to begin;

  • (b) the counting is done in accordance with the Chief Electoral Officer’s instructions;

  • (c) the counting is done in a manner that ensures the integrity of the vote; and

  • (d) the counting is done in the presence of any candidates or their representatives who are present or, if no candidates or representatives are present, at least two electors.