Bill C-83

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

First Reading

PDF

	Objection Procedure
Objection by elector	103. (1) No later than the 14th day before polling day, an elector whose name appears on a list of electors for an electoral district may make an objection before the returning officer respecting the inclusion of the name of another person on a list of electors for that electoral district.
Affidavit of objection	(2) An elector who wishes to make an objection under subsection (1) shall complete an affidavit of objection in the prescribed form, alleging that the other person is not entitled to vote in that electoral district, and shall submit the affidavit to the returning officer.
Notice to be sent to person objected to	(3) The returning officer shall, on the day he or she receives an affidavit of objection or on the following day, send to the person objected to, at his or her address given on the list of electors and also at any other address given on the affidavit, a notice in the prescribed form advising the person that he or she may give evidence to show that he or she is entitled to vote in the electoral district in question by
	(a) appearing personally or by representative before the returning officer at a specified time no later than the 11th day before polling day; or
	(b) sending the returning officer, before that time, any documentation that the person considers appropriate.
Notice to candidates	(4) The returning officer shall, as soon as possible, send to each candidate in the electoral district a copy of the notice referred to in subsection (3).
Presence of candidates' representa- tives	(5) If the person objected to decides to appear before the returning officer under paragraph (3)(a), the returning officer shall permit one representative of each candidate in the electoral district to be present, but no representative has the right to intervene, except with the permission of the returning officer.
Examination by returning officer	104. (1) When an objection is made under subsection 103(1), the returning officer may examine the elector who made the objection on oath, the person against whom it was made - if that person wishes to present their position - and any witness present, and make a decision on the basis of the information so obtained.
Evidence	(2) The onus of presenting sufficient evidence to warrant the deletion of a name from a list of electors is on the elector who makes the objection.
Elector to substantiate case	(3) The non-attendance before the returning officer at the time an objection is dealt with, or the failure of the person against whom the objection is made to send proof that he or she is entitled to vote in the electoral district, does not relieve the elector who makes the objection from proving, to the satisfaction of the returning officer, that the name of the person objected to should not appear on the list of electors.
Outcome of objection	(4) After an objection is dealt with by the returning officer, he or she shall either delete the name of the person objected to from the list of electors on which the name appears or allow the name to stay on that list.
	Revised Lists of Electors and Official Lists of Electors
Revised list of electors	105. Each returning officer shall, on the 11th day before polling day, prepare a revised list of electors for each polling division in the electoral district for use at the advance poll.
Official list of electors	106. Each returning officer shall, on the 3rd day before polling day, prepare the official list of electors for each polling division for use on polling day.
Form of lists	107. (1) The revised list of electors and official list of electors for each polling division shall be in the form established by the Chief Electoral Officer.
Transmittal of lists	(2) Each returning officer shall deliver to the deputy returning officers the revised lists of electors or official lists of electors, as the case may be, that the deputy returning officers need to conduct the vote in their respective advance polling stations or polling stations. The lists shall indicate the sex of each elector.
Copies to candidates	(3) Each returning officer shall deliver to each candidate in his or her electoral district a printed and an electronic copy of the revised lists of electors and the official lists of electors.
Extra copies	(4) On the request of a candidate, the returning officer may provide a maximum of four additional printed copies of the revised lists of electors and the official lists of electors.
	Merger of Polling Divisions
Merger of polling divisions	108. (1) After the end of the revision period, the returning officer may, with the prior approval of the Chief Electoral Officer, merge a polling division with an adjacent polling division in the same electoral district.
Official list	(2) The lists of electors for the merging polling divisions are deemed to be the official list of electors for the polling division that results from the merger.
	Final Lists of Electors
Final list of electors	109. (1) The Chief Electoral Officer shall, without delay after polling day, prepare final lists of electors for each electoral district.
Delivery of final lists to member and parties	(2) The Chief Electoral Officer shall deliver a printed and an electronic copy of the final lists of electors for each electoral district to each registered party that endorsed a candidate in the electoral district and to the member who was elected for the electoral district.
Additional copies	(3) The Chief Electoral Officer may, on request, provide additional copies of the final lists of electors referred to in subsection (2) to the member and parties referred to in that subsection.
Fee may be charged	(4) The Chief Elector Officer may charge a fee of up to $0.25 per page for a copy provided under subsection (3).
	Use of Lists of Electors
Registered parties	110. (1) A registered party that, under section 45 or 109, receives a copy of lists of electors or final lists of electors, respectively, may use the lists for communicating with electors, including using them for soliciting contributions and recruiting members.
Candidates	(2) A candidate who receives a copy of preliminary lists of electors under section 94, or a copy of revised lists of electors or official lists of electors under section 105 or 106, respectively, may use the lists for communicating with electors during an election period, including using them for soliciting contributions and campaigning.
	Prohibitions
Prohibitions in relation to lists of electors	111. No person shall
	(a) wilfully apply to be included in a list of electors in a name that is not their own;
	(b) wilfully apply, except as authorized by this Act, to be included in a list of electors for a polling division if they are already included in a list of electors for another polling division, which list was prepared for use at the same election;
	(c) wilfully apply, except as authorized by this Act, to be included in a list of electors for a polling division in which the person is not ordinarily resident;
	(d) apply to have included in a list of electors for an electoral district the name of a person, knowing that the person is not qualified as an elector or entitled to vote in the electoral district;
	(e) wilfully apply to have included in a list of electors the name of an animal or thing; or
	(f) knowingly use personal information that is recorded in a list of electors for a purpose other than
	(i) to enable Members of the House of Commons to communicate with their electors in accordance with section 110, or
	(ii) a federal election or referendum.
	PART 8
	PREPARATION FOR THE VOTE
	List of Deputy Returning Officers
List of deputies to candidates	112. (1) A returning officer shall, at least three days before polling day, post in his or her office, and provide to each candidate or candidate's representative, a list of the names and addresses of all the deputy returning officers appointed to act in the electoral district, with the number of the polling station at which each is to act.
Access to list	(2) The returning officer shall permit free access to, and give full opportunity for the inspection of, the list referred to in subsection (1) by interested persons at any reasonable time.
	Election Materials
Delivery to returning officers	113. The Chief Electoral Officer, at any time before the issue of the writ but no later than immediately after that, shall deliver to the returning officer sufficient quantities of election materials and the necessary instructions for the election officers to perform his or her duties.
Ballot boxes	114. (1) The Chief Electoral Officer shall provide the returning officer with the necessary ballot boxes.
Material of ballot box	(2) Each ballot box shall be of the size and shape and made of the material determined by the Chief Electoral Officer and be constructed to allow seals for the use of the returning officers and deputy returning officers to be affixed.
Ballot paper	115. (1) As soon as possible after the issue of the writ, the Chief Electoral Officer shall provide the returning officer with the paper on which the ballots are to be printed. The weight and opacity of the paper shall be determined by the Chief Electoral Officer.
Printing material	(2) Before the closing day for nominations, the Chief Electoral Officer shall deliver to every returning officer the printing material prepared for that election for the purpose of printing the year and the name of the electoral district on the back of the ballot.
Ballot printed in Form 3	116. (1) The returning officer shall, as soon as possible after 2:00 p.m. on the 19th day before polling day, authorize the printing of a sufficient number of ballots in Form 3 of Schedule 1.
Form of ballot	(2) Ballots shall have a counterfoil and a stub, with a line of perforations between the ballot and the counterfoil and between the counterfoil and the stub.
Numbering of ballots	(3) The ballots shall be numbered on the back of the stub and the counterfoil, and the same number shall be printed on the stub as on the counterfoil.
Books of ballots	(4) Ballots shall be in books containing an appropriate number of ballots.
Obligation re: ballots, ballot paper	(5) Each printer shall provide all of the ballots, and return all of the unused paper on which the ballots were to have been printed, to the returning officer.
Printer's name and affidavit	(6) Ballots shall bear the name of the printer who, on delivering them to the returning officer, shall include an affidavit in the prescribed form that sets out a description of the ballots, the number of ballots delivered to the returning officer and the fact that all ballots were provided, and all paper returned, as required by subsection (5).
Information on the ballot	117. (1) Ballots shall contain the names of candidates, arranged alphabetically, taken from their nomination papers.
Name of party	(2) The name, in the form referred to in paragraph 366(2)(b), of the registered party that has endorsed the candidate shall be listed on the ballot under the name of the candidate if
	(a) the candidate lists it in his or her nomination paper;
	(b) the condition described in paragraph 67(4)(c) is met; and
	(c) the Chief Electoral Officer has not suspended the party.
Designation of candidate as independent	(3) The word ``independent'' shall be listed on the ballot under the name of a candidate who has requested it in accordance with subparagraph 66(1)(a)(v).
Political affiliation not to be set out	(4) Neither the word ``independent'' nor any other political affiliation is to be set out under the name of a candidate on the ballot if
	(a) the candidate has elected under subparagraph 66(1)(a)(v) to have no political affiliation; or
	(b) the Chief Electoral Officer suspends a registered party or does not register the eligible party and the candidate has made a request under subparagraph 66(1)(a)(v) to have that registered party or eligible party listed under their name on the ballot.
Address or occupation on ballot	(5) The ballot shall list under the candidate's name the address or occupation of a candidate who makes a written request to that effect to the returning officer before 5:00 p.m on the closing day for nominations, if the candidate and another candidate on the ballot have the same name and both candidates have chosen under subparagraph 66(1)(a)(v) to either have the word ``independent'' or no designation of political affiliation under their names in election documents.
Property of Her Majesty	118. Ballot boxes, ballots, envelopes and marking instruments procured for an election are the property of Her Majesty.
	Supply of Election Materials to Deputy Returning Officer
Materials to be supplied to deputy returning officers	119. (1) Before voting begins, each returning officer shall provide each deputy returning officer in his or her electoral district with
	(a) enough ballots for at least the number of electors on the official list of electors for the deputy returning officer's polling station;
	(b) a statement showing the number of ballots that are supplied, with their serial numbers;
	(c) the necessary materials for electors to mark their ballots;
	(d) an adequate number of templates, provided by the Chief Electoral Officer, to enable electors who are visually impaired to mark their ballots without assistance;
	(e) a copy of the instructions of the Chief Electoral Officer referred to in section 113;
	(f) the official list of electors for use at the polling station, enclosing it when possible in the ballot box with the ballots and other supplies;
	(g) a ballot box;
	(h) the text of the oaths to be administered to electors; and
	(i) the necessary envelopes, forms and other supplies that may be authorized or provided by the Chief Electoral Officer.
Safekeeping of election materials	(2) Until the opening of the poll, each deputy returning officer is responsible for all election materials in his or her possession and shall take every precaution for the safekeeping of those materials and to prevent any person from having unlawful access to them.