Bill C-63
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45 ELIZABETH II |
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CHAPTER 35 |
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An Act to amend the Canada Elections Act,
the Parliament of Canada Act and the
Referendum Act
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[Assented to 18th December, 1996]
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| R.S., c. E-2;
R.S., c. 27 (1st
Supp.), c. 27
(2nd Supp.);
1989, c. 28;
1990, cc. 16,
17; 1991, cc.
11, 47; 1992,
cc. 1, 21, 51;
1993, cc. 19,
28; 1994, c.
26; 1995, c. 5
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CANADA ELECTIONS ACT |
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1. (1) The definition ``enumeration date''
in subsection 2(1) of the Canada Elections
Act is repealed.
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| 1993, c. 19,
s. 1(2)
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(2) Paragraph (d) of the definition
``election documents'' or ``election papers''
in subsection 2(1) of the Act is repealed.
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| 1993, c. 19,
s. 1(2)
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(3) The definitions ``elector'', ``list of
electors'' and ``official list of electors'' in
subsection 2(1) of the Act are replaced by
the following:
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| ``elector'' « électeur »
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``elector'' means a person who is qualified as
an elector under section 50 and is not a
person referred to in section 51;
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| ``list of
electors'' « liste des électeurs » ou « liste électorale »
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``list of electors'' means the list showing the
surname, given names, civic address and
mailing address of every elector;
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| ``official list
of electors'' « liste électorale officielle »
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``official list of electors'' means the list of
electors prepared by the returning officer
pursuant to subsection 71.31(2);
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| 1993, c. 19,
s. 1
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(4) The definition ``preliminary lists of
electors'' in subsection 2(1) of the Act is
replaced by the following:
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| ``preliminary
list of
electors'' « liste électorale préliminai- re »
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``preliminary list of electors'' means the list of
electors prepared by the Chief Electoral
Officer pursuant to section 71.1;
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(5) Subsection 2(1) of the Act is amended
by adding the following in alphabetical
order:
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| ``final list of
electors'' « liste électorale définitive »
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``final list of electors'' means the list of
electors prepared by the Chief Electoral
Officer pursuant to subsection 71.32(1) and
setting out, for each electoral district, the
surname, given names, civic address and
mailing address of each elector who is
registered by polling day;
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| ``Register of
Electors'' « Registre des électeurs »
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``Register of Electors'' means the Register of
Electors established by the Chief Electoral
Officer pursuant to section 71.01;
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| ``revised list
of electors'' « liste électorale révisée »
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``revised list of electors'' means the list of
electors prepared by the returning officer
pursuant to subsection 71.31(1);
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1.1 The portion of subsection 9(3) of the
Act after paragraph (b) is replaced by the
following:
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the Chief Electoral Officer may extend the
hours of voting at the polling station to allow
votes to be cast on the ordinary polling day
after the hour fixed by or pursuant to this Act
for the closing of the poll at the polling station,
but shall not, in so doing, permit votes to be
cast at the polling station during an aggregate
period of more than twelve hours.
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| 1993, c. 19,
s. 3
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2. Subsection 12(4) of the Act is replaced
by the following:
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| Writs dated
and issued
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(4) Notwithstanding subsections (2) and
(3), in no case shall a writ be issued on a day
that is later than the thirty-sixth day before
polling day.
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| 1993, c. 19,
s. 5(1)
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3. Subsection 15(4) of the Act is replaced
by the following:
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| Delegation of
powers
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(4) Subject to section 326, the returning
officer for an electoral district may, with the
prior approval of the Chief Electoral Officer,
authorize any person acting under the
returning officer's direction to exercise and
perform any of the powers and duties
conferred or imposed on the returning officer
by this Act, except the powers and duties
conferred or imposed on the returning officer
by sections 12, 71.28, 71.29, 73, 81 to 92, 169
to 173, 179, 184, 189 to 191 and 324.
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| 1993, c. 19,
s. 12
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4. Paragraph 22(b) of the Act is replaced
by the following:
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5. Section 41 of the Act is replaced by the
following:
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| Publication of
preliminary
lists
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41. The Chief Electoral Officer shall, not
later than the thirty-first day before polling
day, determine the number of names
appearing on all preliminary lists of electors
for each electoral district and cause the
information so determined to be published in
the Canada Gazette.
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| 1993, c. 19,
s. 26
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6. Section 53 of the Act is replaced by the
following:
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| Persons
entitled to
vote
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53. (1) Subject to this Act, every person who
is qualified as an elector is entitled to have his
or her name included in the Register of
Electors for the polling division in which he or
she is ordinarily resident and to vote at the
polling station established therein.
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| Inclusion
optional
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(2) Inclusion in the Register of Electors is at
the option of the elector.
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7. (1) Subsections 55(1) and (2) of the Act
are replaced by the following:
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| Interpreta- tion of ``ordinarily resident'' and ``ordinarily resided''
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55. (1) The rules in this section and sections
57 to 61 apply to the interpretation of the
expressions ``ordinarily resident'' and
``ordinarily resided'' in any section of this Act
in which those expressions are used with
respect to the right of a voter to vote.
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| Facts of case
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(2) Subject to this section and sections 57 to
61, the question as to where a person is or was
ordinarily resident at any material time or
during any material period shall be
determined by reference to all the facts of the
case.
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| 1993, c. 19,
s. 27
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(2) Subsection 55(8) of the Act is
repealed.
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| 1993, c. 19,
s. 28
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8. Section 56 of the Act is repealed.
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| 1993, c. 19,
s. 29
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9. (1) Subsection 57(1) of the Act is
replaced by the following:
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| Temporary
resident
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57. (1) No person is deemed to ordinarily
reside in residential quarters that are generally
occupied by the person on a temporary basis
unless that person has no other residential
quarters that the person considers to be his or
her residence.
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| 1993, c. 19,
s. 29
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(2) Subsection 57(3) of the Act is replaced
by the following:
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| ``ordinarily
resides''
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(3) ``Ordinarily resides'' includes being
provided with food or lodging in a place
referred to in subsection (2).
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10. Section 59 of the Act is repealed.
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| 1993, c. 19,
s. 30
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11. Section 61 of the Act is replaced by the
following:
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| Residence at
by-election
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61. (1) No person is qualified or entitled to
vote at a by-election unless the person
continues to be ordinarily resident until
polling day at the by-election in the electoral
district in which is situated the polling
division in which the person was ordinarily
resident at the beginning of the revision
period.
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| Address
change within
electoral
district
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(2) For the purpose of a by-election only and
notwithstanding anything in this Act, a person
who, during the period between the beginning
of the revision period and polling day, has
changed the place of his or her ordinary
residence from one polling division to another
polling division in the same electoral district
may, if otherwise qualified as an elector,
register his or her name on the list of electors
in the new polling division.
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| 1993, c. 19,
s. 31
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12. Section 63 of the Act and the heading
before it are replaced by the following:
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ENUMERATION |
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| Enumeration
for the
establishment
of the Register
of Electors
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63. (1) For the purpose of establishing the
Register of Electors, the Chief Electoral
Officer shall conduct an enumeration in every
electoral district where the Chief Electoral
Officer does not intend to use a list of electors
referred to in subparagraph 71.011(a)(ii). The
Chief Electoral Officer shall fix the
enumeration period and inform the returning
officer of every electoral district.
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| Represen- tation order
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(1.1) For the purpose only of enabling an
enumeration to be conducted under subsection
(1), the representation order set out in the
schedule to the proclamation made pursuant
to Order in Council P.C. 1996-22 of January 4,
1996 and registered as SI/96-9 is,
notwithstanding section 25 of the Electoral
Boundaries Readjustment Act, deemed to be
in force effective on the day on which this
section comes into force.
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| Extension of
enumeration
period
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(2) The Chief Electoral Officer may extend
the enumeration period referred to in
subsection (1) in respect of all or part of an
electoral district on the request of the
returning officer, and notification of the
extension shall be given to registered parties.
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13. The Act is amended by adding the
following after section 63:
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| Returning
officer to
open and
maintain an
office
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63.1 (1) Every returning officer shall
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| Hours
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(2) The Chief Electoral Officer may
prescribe the hours that the office of the
returning officer must be open during the
enumeration period, and the minimum
number of hours of compulsory attendance at
that office by the returning officer and the
assistant returning officer.
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| 1993, c. 19,
s. 31
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14. (1) Subsection 64(1) of the Act is
replaced by the following:
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| Appointment
of
enumerators
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64. (1) Each returning officer shall appoint
two enumerators in each polling division in
order to enumerate the electors in it.
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| 1993, c. 19,
s. 31
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(2) Subsections 64(3) and (4) of the Act
are replaced by the following:
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| Eligibility
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(3) No person is eligible to be an
enumerator unless the person is a Canadian
citizen, is at least sixteen years of age and lives
in the electoral district in question.
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| Soliciting
names
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(4) Before appointing enumerators, the
returning officer shall solicit the names of
suitable persons from the registered parties
whose candidates finished first and second in
the last election in the electoral district and, if
sufficient names have not been provided by
those parties by the tenth day before the
beginning of the enumeration period, the
returning officer may solicit names from any
other source.
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| 1993, c. 19,
s. 31
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15. Section 65 of the Act is replaced by the
following:
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| Lists of
enumerators
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65. (1) Every returning officer shall, on the
day before the enumeration period begins,
prepare a list of the names and addresses of the
enumerators and the enumeration supervisors
and the polling divisions for which they are
responsible, and shall send this list, on request,
to any person who has provided names on
behalf of a registered party under subsection
64(4).
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| Establish- ment of Register of Electors
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(2) The returning officer is responsible for
supervising the establishment of the Register
of Electors for the returning officer's electoral
district, and for ensuring that as far as possible
every qualified elector in the electoral district
is listed in the Register of Electors in
accordance with this Act.
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| 1993, c. 19,
s. 31
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16. (1) Paragraph 67(2)(a) of the Act is
replaced by the following:
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(2) Subsection 67(2) of the Act is amended
by striking out the word ``and'' at the end of
paragraph (c) and by adding the following
after paragraph (c):
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| 1993, c. 19,
s. 31
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(3) Paragraph 67(2)(d) of the Act is
replaced by the following:
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(4) Section 67 of the Act is amended by
adding the following after subsection (2):
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| No obligation
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(2.1) No person is obligated to give the
information referred to in paragraph (2)(d).
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| Canadian
citizens
attaining
voting age
during
enumeration
period
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(2.2) Every Canadian citizen who, at the
beginning of the enumeration period, has not
attained the age of eighteen years but who will
attain that age before the end of the
enumeration period is, for the purposes of this
Act, deemed to have attained that age on the
date when he or she is enumerated.
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| 1993, c. 19,
s. 31
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(5) Subsection 67(3) of the Act is replaced
by the following:
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| Visiting
residence by
enumerators
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(3) Subject to subsection (1), enumerators
shall, unless satisfied that all qualified
electors residing at a residence are registered,
visit every residence in their polling division
at least twice, once between the hours of 9:00
a.m. and 6:00 p.m. and once between the hours
of 6:00 p.m. and 9:00 p.m. on two different
dates.
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| 1993, c. 19,
s. 31
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17. Section 68 of the Act is replaced by the
following:
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| Leaving of
registration
form
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68. (1) An enumerator shall, if unable to
obtain the names of the electors at a residence
after at least two visits, leave a registration
form to be returned to the Chief Electoral
Officer.
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| Registration
form
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(2) Each registration form must
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| Request to be
listed in
Register
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(3) Any elector who is left a registration
form by an enumerator may request that he or
she, as well as any other electors at the
residence, be listed in the Register of Electors
by
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