Skip all menusSkip first menu   Department of Justice Canada / Ministère de la Justice CanadaGovernment of Canada
   
Français Contact us Help Search Canada Site
Justice Home Site Map Programs Proactive Disclosure Laws
Laws
Updates to Justice Laws Web Site Notice
Main Page
Glossary
Important Note
How to link
Printing Problems?
Easy Links
Constitution
Charter
Guide to Making Federal Acts and Regulations
Statutes by Title
Statutes by Subject
Advanced Search
Templates for advanced searching
Case Law
Federal and Provincial Case Law
Other
Table of Public Statutes and Responsible Ministers
Table of Private Acts
Index of Statutory Instruments
 
Consolidated Statutes and Regulations
Main page on: Canada Elections Act
Disclaimer: These documents are not the official versions (more).
Source: http://laws.justice.gc.ca/en/E-2.01/285401.html
Act current to September 15, 2006

[Previous]


DIVISION 4

ELECTORS RESIDING IN CANADA

231. For the purpose of this Division, “elector” means an elector, other than a Canadian Forces elector or an incarcerated elector, who resides in Canada and who wishes to vote in accordance with this Division.

232. An elector may vote under this Division if his or her application for registration and special ballot is received after the issue of the writs and before 6:00 p.m. on the 6th day before polling day

(a) by a returning officer in an electoral district; or

(b) by the special voting rules administrator.

233. (1) The application for registration and special ballot shall be in the prescribed form and shall include the following information:

(a) the elector’s name and place of ordinary residence;

(b) the elector’s date of birth;

(c) satisfactory proof of the elector’s identity and residence;

(d) the elector’s mailing address; and

(e) any other information that the Chief Electoral Officer considers necessary to determine the elector’s entitlement to vote or the electoral district in which he or she may vote.

Electors in danger

(1.1) An elector who would be under reasonable apprehension of bodily harm if he or she were to indicate the mailing address of his or her dwelling place for the purpose of paragraph (1)(d) may apply to the returning officer or special voting rules administrator to use another address for that purpose. The returning officer or special voting rules administrator, unless he or she considers that it would not be in the public interest to do so, shall grant the application and shall not reveal that other address except as required to send the special ballot to the elector. For greater certainty, the granting of the application does not change the elector’s place of ordinary residence for the purposes of this Act.

Optional information

(2) In addition to the information specified in subsection (1), the Chief Electoral Officer may request that the elector provide other information that the Chief Electoral Officer considers necessary to implement agreements made under section 55, but the elector is not required to provide that information.

Information provided

(3) An elector who makes an application for registration and special ballot shall indicate whether his or her name is already on a list of electors and, if it is, in which electoral district.

234. (1) The special voting rules administrator shall inform the returning officer of any elector whose name is on a list of electors for the returning officer’s electoral district and who has received a special ballot from another electoral district. The returning officer shall indicate on the list of electors that the elector has received a special ballot.

Name of elector not previously included on list

(2) If an elector’s name is not already included on a list of electors, the special voting rules administrator shall so inform the returning officer for the electoral district in which the elector is to vote by special ballot. The returning officer shall enter the elector’s name on the list of electors for the appropriate polling division in that electoral district and shall indicate that the elector has received a special ballot.

235. Once an elector’s application for registration and special ballot has been accepted, the elector may only vote under this Division.

236. If an elector applies for registration and special ballot in his or her electoral district, the returning officer shall, if necessary, add the elector’s name to the appropriate list of electors and shall indicate on the list that the elector has received a ballot in accordance with this Division.

237. On acceptance of an elector’s application for registration and special ballot, the elector shall be given a special ballot, or, if section 241 applies, a ballot that is not a special ballot, an inner envelope and an outer envelope.

238. An elector who has received a special ballot may vote in accordance with subsections 227(2) and (3).

239. (1) An elector who does not vote in his or her electoral district shall send the sealed outer envelope to the special voting rules administrator

(a) by mail or any other means; or

(b) by delivering it to a Canadian Embassy, High Commission or Consular Office, to a Canadian Forces base outside Canada or to any place that the Chief Electoral Officer may designate.

Deadline for receipt

(2) In order to have the special ballot counted, an elector shall ensure that the ballot is received

(a) if the special ballot is cast in the elector’s electoral district, at the office of the returning officer before the close of the polling stations on polling day; or

(b) if the special ballot is cast outside the elector’s electoral district, at the office of the special voting rules administrator in Ottawa, not later than 6:00 p.m. on polling day.

240. For the purpose of this Division, an elector has the sole responsibility to ensure that

(a) his or her application for registration and special ballot is made within the period specified; and

(b) his or her special ballot is received within the period specified to be counted as a vote.

241. An elector who applies to vote in person at the office of the returning officer for his or her electoral district after ballots for the electoral district have been printed shall be given a ballot that is not a special ballot and shall immediately vote in the manner described in paragraphs 151(1)(a) and (b) and 227(2)(b) to (d) and return the outer envelope to the election officer.

242. (1) If an elector has inadvertently handled a ballot or a special ballot in such a manner that it cannot be used, the elector shall return it to the election officer who shall mark it as a spoiled ballot and give the elector another ballot.

Limit

(2) An elector shall not be given more than one ballot under subsection (1).

243. (1) When an elector personally goes to the office of the returning officer and is unable to read or because of a physical disability is unable to vote in the manner described in this Division, the designated election officer shall assist the elector by

(a) completing the declaration on the outer envelope and writing the elector’s name where his or her signature is to be written; and

(b) marking the ballot as directed by the elector in his or her presence.

Note on outer envelope

(2) An election officer who assists an elector under subsection (1) shall indicate, by signing the note on the outer envelope, that the elector was assisted.

243.1 (1) On application of an elector who is unable to read, or who is unable to vote in the manner described in this Division because of a physical disability, and who is unable to personally go to the office of the returning officer because of a physical disability, the designated election officer shall go to the elector’s dwelling place and, in the presence of a witness who is chosen by the elector, assist the elector by

(a) completing the declaration on the outer envelope and writing the elector’s name where the elector’s signature is to be written; and

(b) marking the ballot as directed by the elector in the elector’s presence.

Note on outer envelope

(2) The election officer and the witness who assist an elector under subsection (1) shall indicate, by signing the note on the outer envelope, that the elector was assisted.

DIVISION 5

INCARCERATED ELECTORS

244. For the purpose of this Division, “elector” means an incarcerated elector.

245. (1) Every person who is incarcerated and who is otherwise qualified to vote under this Act is entitled to vote under this Division on the 10th day before polling day.

Exercise of right to vote

(2) An elector is not entitled to vote under this Division unless he or she has signed an application for registration and special ballot under section 251 and a declaration described in section 257.

Vote to be in electoral district

(3) An elector is entitled to vote under this Division only for a candidate in the electoral district in which his or her place of ordinary residence is situated as shown on the application for registration and special ballot made by the elector under section 251.

246. The ministers responsible for corrections in the provinces shall each designate a person as a coordinating officer to work, during and between elections with the Chief Electoral Officer to carry out the purposes and provisions of this Division.

247. (1) Without delay after the issue of the writs, the Chief Electoral Officer shall inform the minister responsible for corrections in a province of their issue and of the location of administrative centres.

Designation of liaison officers

(2) On being informed of the issue of the writs, each minister responsible for corrections in a province shall

(a) inform the coordinating officer for that province of the issue of the writs;

(b) designate one or more persons to act as liaison officers in connection with the taking of the votes of electors; and

(c) inform the Chief Electoral Officer and the coordinating officer for that province of the name and address of each liaison officer.

248. (1) The Chief Electoral Officer shall appoint persons designated under paragraph 247(2)(b) in the prescribed form.

Duty to cooperate

(2) During the election period, a liaison officer shall cooperate with the Chief Electoral Officer in the administration of the registration and the taking of the votes of electors.

249. When a coordinating officer is informed that a liaison officer has been designated, the coordinating officer shall give the liaison officer all necessary information on taking the votes of electors.

250. (1) A liaison officer shall, without delay after being appointed, post a notice in the prescribed form in a prominent place in the correctional institution that informs electors of the date on which they are entitled to vote in accordance with this Division.

Voting hours

(2) The polling stations shall be open on the 10th day before polling day from 9:00 a.m. and shall be kept open until every elector who is registered under subsection 251(1) has voted, but in no case shall they be kept open later than 8:00 p.m. on that day.

251. (1) Before the 10th day before polling day, each liaison officer shall ensure that an application for registration and special ballot in the prescribed form is completed for every eligible elector of the correctional institution who wishes to vote, indicating his or her place of ordinary residence as determined under subsection (2).

Residence of elector

(2) The place of ordinary residence of an elector is the first of the following places for which the elector knows the civic and mailing addresses:

(a) his or her residence before being incarcerated;

(b) the residence of the spouse, the common-law partner, a relative or a dependant of the elector, a relative of his or her spouse or common-law partner or a person with whom the elector would live but for his or her incarceration;

(c) the place of his or her arrest; or

(d) the last court where the elector was convicted and sentenced.

Optional information

(3) In addition to providing his or her place of ordinary residence, the Chief Electoral Officer may request that the elector provide other information that the Chief Electoral Officer considers necessary to implement agreements made under section 55, but the elector is not required to provide that information.

Validation

(4) The liaison officer shall validate the application for registration and special ballot by signing it and indicating on it the name of the electoral district that includes the place of ordinary residence as determined under subsection (2).

Dispute about electoral district

(5) If a dispute arises as to in which electoral district an elector may vote, the elector may refer the matter to the returning officer for the electoral district where the correctional institution is located, and the returning officer shall make a final determination in accordance with the process for revising lists of electors.

2000, c. 9, s. 251, c. 12, s. 40.

252. Applications for registration and special ballot are deemed to be the list of electors who vote under this Division.

253. (1) Before the 18th day before polling day, each returning officer shall, for each correctional institution in his or her electoral district, in consultation with the liaison officer for the institution, establish one or more polling stations and appoint a deputy returning officer and a poll clerk for each polling station.

Provision of election materials

(2) A liaison officer shall, on receiving the election materials and list of candidates,

(a) provide the materials in sufficient quantities to the deputy returning officers appointed under subsection (1) for the correctional institution; and

(b) post the list of candidates in one or more conspicuous places in the correctional institution.

254. On the day on which the electors cast their ballots, the deputy returning officer shall, at each polling station,

(a) post two or more copies of the voting instructions, in the prescribed form, in conspicuous places; and

(b) keep readily available for consultation by electors a copy of this Part, a set of street indexes, a guide to electoral districts and a list of candidates.

255. (1) A liaison officer shall, when required, establish a mobile polling station within a correctional institution to take the votes of the electors who are confined to their cells or in an infirmary.

Common mobile polling stations

(2) A returning officer may, in cooperation with liaison officers, create a mobile polling station for correctional institutions of fewer than 50 electors that are within the returning officer’s electoral district and that are within reasonable travelling distance of each other.

256. With the prior authorization of correctional authorities, a Canadian citizen may represent a registered party during the taking of the votes at a correctional institution, if he or she provides the deputy returning officer with an authorization, in the prescribed form, signed by a candidate for that party.

257. (1) Before delivering a special ballot to an elector, the deputy returning officer for a correctional institution shall require the elector to complete an application for registration and special ballot, if the elector has not already done so, and to make and sign the declaration on the outer envelope.

Giving special ballot to elector

(2) After the elector has signed the declaration on the outer envelope, the deputy returning officer shall

(a) sign the outer envelope; and

(b) give the elector a special ballot, an inner envelope and the outer envelope.

258. (1) The elector shall vote by writing on the special ballot the name of the candidate of his or her choice, folding the special ballot and, in the presence of the deputy returning officer,

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

(b) placing the inner envelope in the outer envelope and sealing the outer envelope.

Writing candidate’s name

(2) 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.

Spoiled special ballot

(3) If an elector has inadvertently handled a special ballot in such a manner that it cannot be used, the elector shall return it to the deputy returning officer who shall mark it as a spoiled ballot and give the elector another special ballot.

Limit

(4) An elector shall not be given more than one special ballot under subsection (3).

259. (1) If an elector is unable to read or because of a physical disability is unable to vote under this Division, the deputy returning officer shall assist the elector by

(a) completing the declaration on the outer envelope and writing the elector’s name where his or her signature is to be written; and

(b) marking the special ballot as directed by the elector in his or her presence and in the presence of the poll clerk.

Note on outer envelope

(2) The deputy returning officer and the poll clerk shall sign a note on the outer envelope indicating that the elector was assisted.

260. Without delay after the votes have been cast at a correctional institution, the deputy returning officer shall deliver to the liaison officer for the institution

(a) the outer envelopes that contain the marked special ballots;

(b) any unused or spoiled outer envelopes;

(c) any unused or spoiled special ballots and unused inner envelopes; and

(d) the applications for registration and special ballot.

261. Every liaison officer shall ensure that the election material referred to in section 260 is received by the special voting rules administrator in Ottawa no later than 6:00 p.m. on polling day.

262. The applications for registration and special ballot shall be integrated into the final list of electors referred to in section 109.

DIVISION 6

COUNTING OF VOTES AT THE OFFICE OF THE CHIEF ELECTORAL OFFICER

263. This Division applies to the counting of all special ballots cast in accordance with this Part, except those referred to in Division 7.

264. (1) The counting of the special ballots shall be conducted by special ballot officers under the supervision of the special voting rules administrator.

Special ballot officers

(2) Special ballot officers shall work in pairs of persons representing different registered parties.

265. The Chief Electoral Officer shall prescribe security instructions for the safekeeping of special ballots, inner envelopes, outer envelopes and all other election documents, and instructions for the receiving, sorting and counting of special ballots.

266. The counting of votes shall commence on a date to be fixed by the Chief Electoral Officer or, if no date is fixed, on Wednesday, the 5th day before polling day.

267. (1) The special ballot officers shall set aside an outer envelope unopened when they ascertain on its examination that

(a) the information concerning the elector, as described on the outer envelope, does not correspond with the information on the application for registration and special ballot;

(b) the envelope, other than an envelope in respect of an elector who has taken a vote under section 216, 243 or 259, does not bear the signature of an elector;

(c) the correct electoral district of the elector whose ballot is contained in the outer envelope cannot be ascertained;

(d) the outer envelope has been received in Ottawa by the special voting rules administrator after 6:00 p.m. on polling day; or

(e) the outer envelope relates to an electoral district for which the election was postponed in accordance with section 77.

Procedure when elector votes more than once

(2) If, after receiving but before counting the outer envelopes, the special ballot officers ascertain that an elector has voted more than once, they shall lay the outer envelopes that relate to the elector aside unopened.

Disposition of outer envelopes that are laid aside

(3) When an outer envelope is laid aside unopened as described in subsection (1) or (2),

(a) the outer envelope shall be endorsed by the special voting rules administrator with the reason why it has been laid aside;

(b) at least two special ballot officers shall initial the endorsement; and

(c) in the case of an outer envelope laid aside under subsection (1), the ballot contained in it is deemed to be a spoiled ballot.

Special report

(4) The special voting rules administrator shall prepare a report in respect of the number of outer envelopes that are laid aside under this Division.

268. Each pair of special ballot officers shall count the votes for only one electoral district or part of an electoral district at a time.

269. (1) Each pair of special ballot officers shall, on examining a special ballot, reject it if

(a) it has not been supplied by the Chief Electoral Officer;

(b) it is not marked;

(c) it is marked with a name other than the name of a candidate;

(d) it is marked with the names of more than one candidate; or

(e) there is any writing or mark on it by which the elector could be identified.

Elector’s intent

(2) No special ballot shall be rejected for the sole reason that the elector has incorrectly written the name of a candidate, if the ballot clearly indicates the elector’s intent.

Disputed ballots

(3) If a dispute arises as to the validity of a special ballot, it shall be referred to the special voting rules administrator, whose decision is final.

Note of dispute

(4) The number of disputed special ballots and the name of the electoral district in which they were cast are to be noted by the special ballot officers.

270. (1) Each pair of special ballot officers shall prepare a statement of the vote in the prescribed form and deliver it to the special voting rules administrator.

Safekeeping

(2) The special voting rules administrator shall keep the statements of the vote in safe custody until the day after the communication of the results under section 280.

Copy to special ballot officer

(3) On request, after the day that the results are communicated, a special ballot officer may be given a copy of the statement of the vote that he or she prepared.

271. Without delay after the counting of the votes for every electoral district has been completed, the special voting rules administrator shall inform the Chief Electoral Officer of

(a) the number of votes counted for each candidate for every electoral district;

(b) the total number of votes counted for each electoral district; and

(c) the number of rejected ballots for each electoral district.

272. As soon as practicable after the counting of the votes for every electoral district has been completed, the special voting rules administrator shall send to the Chief Electoral Officer, in separate envelopes,

(a) the lists of electors;

(b) all other documents and election materials received from commanding officers, deputy returning officers and special ballot officers;

(c) the oaths of office; and

(d) the complete files of correspondence, reports and records in his or her possession.

DIVISION 7

COUNTING OF VOTES IN THE OFFICE OF THE RETURNING OFFICER

273. (1) The returning officer shall appoint a deputy returning officer and poll clerk to verify the outer envelopes and to count the special ballots issued to electors in his or her electoral district and received in his or her office. More than one deputy returning officer and poll clerk may be appointed if the number of votes warrants it.

Assignment of duties

(2) The returning officer shall assign duties so that a deputy returning officer chosen from among the persons recommended by the registered party whose candidate finished first in the last election in the electoral district works with a poll clerk chosen from among the persons recommended by the registered party whose candidate finished second in that election in that electoral district.

Merger of parties

(3) For the purpose of subsection (2), in determining whether the candidate of a registered party finished first or second in the last election in a case where the registered party is the result of a merger with one or more parties that were registered parties at the last election, there shall be attributed to the candidate of the merged party, the number of votes of the candidate of the merging party with the largest number of votes at that last election.

Notification to candidates

(4) The returning officer shall, as soon as possible, notify the candidates of the name and address of the persons appointed as the deputy returning officer and the poll clerk.

274. A candidate or his or her representative may be present for the verification of the outer envelopes and the counting of ballots received at the office of the returning officer.

275. (1) The returning officer shall ensure that the ballots received at his or her office are kept sealed until they are given to the deputy returning officer.

Return outer envelopes

(2) All outer envelopes received after the prescribed deadline shall be kept separate and sealed and shall be initialled by the returning officer and marked with the date and time of their receipt.

276. (1) A deputy returning officer and a poll clerk shall verify the outer envelopes, at the time fixed by the Chief Electoral Officer and in accordance with his or her instructions, by determining from the information on the outer envelope whether the elector is entitled to vote in the electoral district.

Notice

(2) The returning officer shall notify the candidates of the time and place of the verification.

Provision of materials to deputy returning officer

(3) The deputy returning officer shall be provided with the applications for registration and special ballot received before the deadline, along with any other materials that may be required.

277. (1) The deputy returning officer shall set aside an outer envelope unopened when he or she ascertains on its examination that

(a) the information concerning the elector, as described on the outer envelope, does not correspond with the information on the application for registration and special ballot;

(b) the outer envelope, other than an outer envelope in respect of an elector who has taken a vote under section 243 or 243.1, does not bear the signature of an elector;

(c) more than one ballot has been issued to an elector; or

(d) the outer envelope was received after the prescribed deadline.

Registering objections

(2) When the outer envelopes are verified, the poll clerk shall register any objection to an elector’s right to vote in the electoral district in the prescribed form.

Noting of reasons for setting aside

(3) When an outer envelope is set aside unopened as described in subsection (1), the deputy returning officer shall note on it the reasons for the rejection. The deputy returning officer and the poll clerk shall initial the envelope.

278. (1) The deputy returning officer and the poll clerk shall count all valid outer envelopes.

Inner envelopes

(2) The deputy returning officer and the poll clerk shall open the outer envelopes and put all the inner envelopes in a ballot box provided by the returning officer.

Counting the votes

(3) After the close of the polling stations, the deputy returning officer shall open the ballot box and he or she together with the poll clerk shall open the inner envelopes and count the votes.

279. (1) The deputy returning officer shall, in counting the ballots, reject a ballot if

(a) it has not been supplied for the election;

(b) it is not marked;

(c) it is marked with a name other than the name of a candidate;

(d) it is marked for more than one candidate; or

(e) there is any writing or mark on it by which the elector could be identified.

Elector’s intent

(2) The deputy returning officer shall not reject a special ballot for the sole reason that the elector has incorrectly written the name of a candidate, if the ballot clearly indicates the elector’s intent.

Political affiliation

(3) The deputy returning officer shall not reject a special ballot for the sole reason that the elector has written, in addition to the name of a candidate, the candidate’s political affiliation, if the ballot clearly indicates the elector’s intent.

2000, c. 9, s. 279; 2001, c. 21, s. 15.

DIVISION 8

COMMUNICATION OF THE RESULTS OF THE VOTE

280. (1) The Chief Electoral Officer shall, without delay after the closing of the polling stations at an election, inform each returning officer of the results of the count under Division 6 for the returning officer’s electoral district, giving the number of votes cast for each candidate and the number of rejected ballots.

Release of information

(2) When the returning officer receives information from the Chief Electoral Officer respecting the results of the count under Division 6, the returning officer shall add those results to the results of the count under Division 7 and release all of them as being the results of the vote under the Special Voting Rules.

DIVISION 9

PROHIBITIONS

281. No person shall, inside or outside Canada,

(a) wilfully disclose information as to how a ballot or special ballot has been marked by an elector;

(b) wilfully interfere with, or attempt to interfere with, an elector when marking a ballot or special ballot, or otherwise attempt to obtain any information as to the candidate for whom any elector is about to vote or has voted;

(c) knowingly make a false statement in an application for registration and special ballot;

(d) knowingly apply for a ballot or special ballot to which that person is not entitled;

(e) knowingly make a false statement in a declaration signed by him or her before a deputy returning officer;

(f) knowingly make a false declaration in the statement of ordinary residence completed by him or her;

(g) wilfully prevent or endeavour to prevent an elector from voting at an election; or

(h) wilfully at the counting of the votes, attempt to obtain information or communicate information obtained at the counting as to the candidate for whom a vote is given in a particular ballot or special ballot.

282. No person shall, outside Canada,

(a) by intimidation or duress, compel a person to vote or refrain from voting or vote or refrain from voting for a particular candidate at an election under this Part; or

(b) by any pretence or contrivance, including by representing that the ballot or the manner of voting at an election is not secret, induce a person to vote or refrain from voting or vote or refrain from voting for a particular candidate at an election under this Part.

PART 12

COUNTING VOTES

Polling Stations

283. (1) Immediately after the close of a polling station, the deputy returning officer shall count the votes in the presence of the poll clerk and any candidates or their representatives who are present or, if no candidates or representatives are present, in the presence of at least two electors.

Tally sheets

(2) The deputy returning officer shall supply the poll clerk and all the persons referred to in subsection (1) who are present and who so request with a tally sheet to keep their own score of the voting.

Steps to follow

(3) The deputy returning officer shall, in the following order,

(a) count the number of electors who voted at the polling station, make an entry at the end of the list of electors that states "The number of electors who voted at this election in this polling station is (stating the number)", sign the list, and place the list in the envelope supplied for the purpose;

(b) count the spoiled ballots, place them in the envelope supplied for the purpose, indicate on the envelope the number of spoiled ballots, and seal it;

(c) count the unused ballots that are not detached from the books of ballots, place them with the stubs of the used ballots in the envelope supplied for the purpose, indicate on the envelope the number of unused ballots, and seal it;

(d) total the numbers arrived at in paragraphs (a) to (c) in order to ascertain that all ballots that were provided by the returning officer are accounted for;

(e) open the ballot box and empty its contents onto a table; and

(f) examine each ballot, show the ballot to each person who is present, and ask the poll clerk to make a note on the tally sheet beside the name of the candidate for whom the vote was cast for the purpose of arriving at the total number of votes cast for each candidate.

284. (1) In examining the ballots, the deputy returning officer shall reject one

(a) that has not been supplied by him or her;

(b) that has not been marked in a circle at the right of the candidates’ names;

(c) that is void by virtue of section 76;

(d) that has been marked in more than one circle at the right of the candidates’ names; or

(e) on which there is any writing or mark by which the elector could be identified.

Limitation

(2) No ballot shall be rejected by reason only that the deputy returning officer placed on it any writing, number or mark, or failed to remove the counterfoil.

Counterfoils remaining attached

(3) When a ballot is found with the counterfoil attached, the deputy returning officer shall, while concealing the number on it from all persons present and without examining it, remove and destroy the counterfoil.

285. If the deputy returning officer determines that he or she has failed to initial a ballot, the deputy returning officer shall, in the presence of the poll clerk and witnesses, initial and count the ballot if he or she is satisfied that

(a) the ballot was supplied by him or her; and

(b) all ballots that were provided by the returning officer have been accounted for, as described in paragraph 283(3)(d).

286. (1) The deputy returning officer shall keep a record, in the prescribed form, of every objection to a ballot made by a candidate or his or her representatives, give a number to the objection, write that number on the ballot and initial it.

Decision of deputy returning officer

(2) The deputy returning officer shall decide every question that is raised by an objection described in subsection (1), and the decision is subject to reversal only on a recount or on application under subsection 524(1).

287. (1) The deputy returning officer shall prepare a statement of the vote, in the prescribed form, that sets out the number of votes in favour of each candidate and the number of rejected ballots and place the original statement and a copy of it in the separate envelopes supplied for the purpose.

Copies of the statement of the vote

(2) The deputy returning officer shall give a copy of the statement of the vote to each of the candidate’s representatives present at the count.

288. (1) The deputy returning officer shall place the ballots for each candidate into separate envelopes, write on each envelope the name of the candidate and the number of votes he or she received, and seal it. The deputy returning officer and the poll clerk shall sign the seal on each envelope, and the witnesses may also sign them.

Rejected ballots

(2) The deputy returning officer shall place into separate envelopes the rejected ballots, the registration certificates and the list of electors, and shall seal the envelopes.

Documents to be enclosed in a large envelope

(3) The deputy returning officer shall seal in a large envelope supplied for the purpose

(a) the envelopes that contain the marked ballots for the candidates, any spoiled ballots, unused ballots or rejected ballots, and the official list of electors; and

(b) any other election documents, except for the envelopes that contain the statements of the vote and the registration certificates.

Documents to be placed in the ballot box

(4) The large envelope described in subsection (3) and the envelope that contains the copy of the statement of the vote shall be placed in the ballot box.

Sealing ballot box

(5) The ballot box shall be sealed by the deputy returning officer with the seals provided by the Chief Electoral Officer.

Advance Polls

289. (1) The deputy returning officer of an advance poll shall, at the close of the polling stations on polling day, attend with the poll clerk at the place mentioned in the notice of advance poll in subparagraph 172(a)(iii) to count the votes.

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.

Prohibition

(3) No person shall make a count of the votes cast at an advance poll before the close of the polling stations on polling day.

Delivery of Ballot Boxes to Returning Officer

290. (1) The deputy returning officer for a polling station or an advance poll shall, without delay after sealing the ballot box, send the box, with the envelope that contains the original statement of the vote and the envelope that contains the registration certificate, to the returning officer.

Collection of ballot boxes

(2) A returning officer may appoint persons to collect ballot boxes together with the envelopes referred to in subsection (1) from polling stations, and any person so appointed shall take the prescribed oath when he or she sends those materials to the returning officer.

291. A returning officer shall, on request, provide each candidate one copy of each statement of the vote in the candidate’s electoral district.

292. A returning officer, on the receipt of each ballot box, shall

(a) take every precaution to prevent any other person, except the assistant returning officer, from having access to it; and

(b) examine and record the condition of the seals affixed to it and, if necessary, affix new seals.


[Next]




Back to Top Important Notices