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Bill C-83

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PART 11

SPECIAL VOTING RULES

Interpretation and Application

Definitions

177. The definitions in this section apply in this Part.

``administra-
tive centre''
« centre administra-
tif »

``administrative centre'' means an area established under section 180 for the distribution of materials and the provision of information.

``application for registration and special ballot''
« demande d'inscription et de bulletin de vote spécial »

``application for registration and special ballot'' means an application completed by an elector, other than a Canadian Forces elector, in order to vote under this Part.

``Canadian Forces elector''
« électeur des Forces canadiennes »

``Canadian Forces elector'' means an elector who is entitled to vote under Division 2.

``commandin g officer''
« commandan t »

``commanding officer'' means the commanding officer of a unit.

``coordina-
ting officer''
« agent coordonna-
teur »

``coordinating officer'' means the person so designated by the Minister of National Defence under section 199 or a person so designated by the minister responsible for corrections in a province under section 246.

``deputy returning officer''
« scrutateur »

``deputy returning officer'' means an elector so designated in accordance with this Part by a commanding officer or returning officer.

``incarcer-
ated elector''
« électeur incarcéré »

``incarcerated elector'' means an elector who is incarcerated in a correctional institution.

``inner envelope''
« enveloppe intérieure »

``inner envelope'' means an envelope that is supplied by the Chief Electoral Officer in which a ballot is to be enclosed after it has been marked.

``liaison officer''
« agent de liaison »

``liaison officer'' means a Canadian Forces elector designated under section 201 or a person appointed under subsection 248(1).

``outer envelope''
« enveloppe extérieure »

``outer envelope'' means an envelope that is supplied by the Chief Electoral Officer for the transmission of a ballot after it has been marked and enclosed in an inner envelope.

``special ballot''
« bulletin de vote spécial »

``special ballot'' means a ballot, other than a ballot referred to in section 241, that is supplied to an elector who is entitled to vote under this Part.

``special ballot officer''
« agent des bulletins de vote spéciaux »

``special ballot officer'' means a person who is appointed by the Chief Electoral Officer under section 183 or 184.

``special voting rules administra-
tor''
« administra-
teur des règles électorales spéciales »

``special voting rules administrator'' means a person who is appointed under section 181.

``statement of ordinary residence''
« déclaration de résidence habituelle »

``statement of ordinary residence'' means a statement completed under section 194 or 195.

``unit''
« unité »

``unit'' has the same meaning as in subsection 2(1) of the National Defence Act and includes a base or other element.

``voting territory''
« territoire de vote »

``voting territory'' means an area that is established by or under section 180.

Application

178. (1) The voting procedures contained in this Part apply to general elections only.

Exception

(2) The Chief Electoral Officer may, by instructions, adapt this Part so that any or all of its provisions apply to a by-election.

Instructions

179. For the purpose of applying this Part to, or adapting any provision of this Part in respect of, a particular circumstance, the Chief Electoral Officer may issue any instructions that he or she considers necessary in order to execute its intent.

DIVISION 1

ADMINISTRATION AND GENERAL PROCEDURES

Establish-
ment of voting territories

180. For the purpose of this Part, a voting territory with headquarters in Ottawa is hereby established. The Chief Electoral Officer may establish any additional voting territories or administrative centres in or outside Canada that he or she considers appropriate.

Appointment of special voting rules administrator

181. The Chief Electoral Officer shall appoint, in the prescribed form, a special voting rules administrator.

Duties of special voting rules administrator

182. The special voting rules administrator shall

    (a) secure suitable premises;

    (b) retain the oath of office of each special ballot officer;

    (c) obtain from the liaison officers the lists prepared under paragraph 204(1)(b);

    (d) obtain from the liaison officers the lists of the names of deputy returning officers that the commanding officers are required to provide;

    (e) distribute the required election materials and lists of candidates;

    (f) receive, validate, examine and sort the completed outer envelopes that contain special ballots marked by electors;

    (g) proceed with the counting of the votes of electors; and

    (h) communicate the results of the votes cast in accordance with this Part.

Special ballot officers

183. (1) After the issue of the writs, the Chief Electoral Officer shall appoint a minimum of six special ballot officers as follows:

    (a) three, on the recommendation of the Prime Minister or a person whom the Prime Minister designates in writing;

    (b) two, on the recommendation of the Leader of the Opposition or a person whom that Leader designates in writing; and

    (c) one, on the recommendation of the Leader of the registered party that has the third largest number of members in the House of Commons as of the last general election, or a person whom that Leader designates in writing.

Appointment of special ballot officers

(2) A special ballot officer shall be appointed in the prescribed form.

Appointment of additional special ballot officers

184. (1) If the Chief Electoral Officer is of the opinion that the number of special ballot officers appointed under section 183 is insufficient, the Chief Electoral Officer shall appoint additional special ballot officers on recommendations that are, as nearly as possible, in accordance with subsection 183(1).

Decision of Chief Electoral Officer

(2) If the registered parties do not nominate the additional special ballot officers under subsection (1) within 24 hours after notification by the Chief Electoral Officer, the Chief Electoral Officer shall make the appointments from among individuals that he or she selects.

Merger of parties

185. (1) In the case of a merger of two or more of the registered parties that are represented by the Prime Minister, the Leader of the Opposition or the Leader of the registered party that has the third largest number of members in the House of Commons as of the last general election, the person who may recommend special ballot officers under paragraph 183(1)(c) is the leader of the registered party with the largest number of members in the House of Commons as of the last general election among registered parties other than those three.

Decision of Chief Electoral Officer

(2) In the case of a merger referred to in subsection (1), if there is no registered party whose leader may nominate special ballot officers under paragraph 183(1)(c), the Chief Electoral Officer shall make the appointments from among individuals that he or she considers appropriate.

Form of special ballots

186. Special ballots supplied by the Chief Electoral Officer to electors under this Part shall be in accordance with Form 4 of Schedule 1.

List of candidates

187. The Chief Electoral Officer shall establish a list of candidates nominated in each electoral district and, in accordance with section 117, set out the political affiliation of each of them.

Delivery of list of candidates

188. Without delay after a list of candidates is established under section 187, the Chief Electoral Officer shall deliver a sufficient number of copies of it to the liaison officers.

Distribution of election materials, etc.

189. The special voting rules administrator shall distribute to commanding officers and, as the special voting rules administrator considers appropriate, to any other person or to any place

    (a) without delay after the writs are issued, a sufficient quantity of election materials, including street indexes and guides to electoral districts for the purpose of determining in which electoral district an elector is entitled to vote; and

    (b) without delay after a list of candidates is established under section 187, a sufficient number of copies of it.

DIVISION 2

CANADIAN FORCES ELECTORS

Voting Entitlement and Electoral Districts

Definitions

190. The definitions in this section apply in this Division.

``elector''
« électeur »

``elector'' means a person who is a Canadian Forces elector under section 191.

``voting period''
« période de scrutin »

``voting period'' means the period beginning 14 days before polling day and ending 9 days before polling day.

Canadian Forces electors

191. Any of the following persons is a Canadian Forces elector if he or she is qualified as an elector under section 3 and is not disentitled from voting at an election under section 4:

    (a) a member of the regular force of the Canadian Forces;

    (b) a member of the reserve force of the Canadian Forces on full-time training or service or on active service;

    (c) a member of the special force of the Canadian Forces; and

    (d) a person who is employed outside Canada by the Canadian Forces as a teacher in, or as a member of the administrative support staff for, a Canadian Forces school.

Voting limited to electoral district of ordinary residence

192. An elector is only entitled to vote under this Division for a candidate in the electoral district that includes the place of ordinary residence that the elector has named in his or her statement of ordinary residence.

Voting in actual place of ordinary residence

193. An elector who does not vote under this Division may vote at the polling station established for the polling division of the elector's place of ordinary residence named in section 192 but only if he or she ordinarily resides in the electoral district referred to in that section as of polling day.

Statement of Ordinary Residence

Completion on enrolment, etc.

194. (1) In order to vote under this Division, a person shall, without delay after becoming an elector described in paragraph 191(a), (c) or (d) by virtue of his or her being enrolled in or hired by the Canadian Forces, complete a statement of ordinary residence in the prescribed form that indicates

    (a) his or her surname, given names, sex and rank;

    (b) his or her date of birth;

    (c) the civic address of his or her place of ordinary residence immediately before the enrolment or hiring; and

    (d) his or her current mailing address.

Completion on becoming ordinarily resident

(2) A person who cannot complete a statement of ordinary residence under subsection (1) because he or she did not have a place of ordinary residence in Canada when enrolled in or hired by the Canadian Forces shall, without delay after being able to indicate a place referred to in paragraph (4)(a) or (b) as his or her place of ordinary residence, complete a statement of ordinary residence in accordance with subsection (1), indicating that place as his or her place of ordinary residence.

Members of Canadian Forces not entitled to vote

(3) A person who was not qualified as an elector at an election when enrolled in or hired by the Canadian Forces shall, without delay after becoming qualified, complete a statement of ordinary residence in accordance with subsection (1) that indicates a place of ordinary residence described in subsection (4).

Change of ordinary residence, etc.

(4) An elector may amend the information in his or her statement of ordinary residence and may indicate as a place of ordinary residence the civic address of

    (a) the place of ordinary residence of a person with whom the elector would live but for his or her being enrolled in or hired by the Canadian Forces or a person designated by the elector as next of kin;

    (b) the place where the member is residing by reason of his or her performance of services as a member of the Canadian Forces; or

    (c) the elector's place of ordinary residence immediately before being enrolled in or hired by the Canadian Forces.

When no statement completed

(5) An elector described in subsection (1), (2) or (3) who has not completed a statement of ordinary residence in accordance with subsection (1) may do so at any time.

Coming into force of amendments

(6) An amendment to a statement of ordinary residence takes effect

    (a) if it is made during an election period, 14 days after polling day; and

    (b) if it is made at any other time, 60 days after the commanding officer of the elector's unit receives it.

Optional information

(7) 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 of the Act, but the elector is not required to provide that information.

Completion by reserve member not on active service

195. (1) A member of the reserve force of the Canadian Forces who is not on active service and who, at any time during the period beginning on the issue of the writs and ending on the Saturday immediately before polling day, is on full-time training or service, shall complete a statement of ordinary residence in the prescribed form that indicates

    (a) the member's surname, given names, sex and rank;

    (b) the member's date of birth;

    (c) the civic address of the member's place of ordinary residence immediately before that full-time training or service began; and

    (d) the member's current mailing address.

Completion by reserve member on active service

(2) Every member of the reserve force of the Canadian Forces who is placed on active service, other than a member who immediately before being placed on active service was on full-time training or service and completed a statement of ordinary residence in accordance with subsection (1) after that full-time training or service began, shall complete a statement of ordinary residence in the same form as in subsection (1) that indicates

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