;

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

	(c) any unused or spoiled special ballots and unused inner envelopes; and
	(d) in a separate and clearly identified parcel, every statement of ordinary residence completed at the time of voting.
Duties of commanding officer	(2) On receipt of the documents referred to in subsection (1), the commanding officer shall
	(a) deal with the originals and copies of the statements of ordinary residence in accordance with this Division; and
	(b) deliver to the Chief Electoral Officer all other documents and election materials received from the deputy returning officers.
	DIVISION 3
	ELECTORS TEMPORARILY RESIDENT OUTSIDE CANADA
Definitions	220. The definitions in this section apply in this Division.
``elector'' « électeur »	``elector'' means an elector, other than a Canadian Forces elector, who resides temporarily outside Canada.
``register'' « registre »	``register'' means the register referred to in subsection 222(1).
Inclusion in register of electors temporarily resident outside Canada	221. An elector may vote under this Division if his or her application for registration and special ballot is received in Ottawa by 6:00 p.m. on the 6th day before polling day and his or her name is entered on the register.
Register of electors	222. (1) The Chief Electoral Officer shall maintain a register of electors who are temporarily resident outside Canada in which is entered the name, date of birth, civic and mailing addresses, sex and electoral district of each elector who has filed an application for registration and special ballot and who
	(a) at any time before making the application, resided in Canada;
	(b) has been residing outside Canada for less than five consecutive years immediately before making the application; and
	(c) intends to return to Canada to resume residence in the future.
Exception	(2) Paragraph (1)(b) does not apply to an elector who is
	(a) employed outside Canada in the public service of Canada or of a province;
	(b) employed outside Canada by an international organization of which Canada is a member and to which Canada contributes;
	(c) a person who lives with an elector referred to in paragraph (a) or (b); or
	(d) a person who lives with a member of the Canadian Forces or with a person referred to in paragraph 191(d).
Inclusion in register	223. (1) An application for registration and special ballot shall be in the prescribed form and shall include
	(a) satisfactory proof of identity;
	(b) if paragraph 222(1)(b) does not apply in respect of the elector, proof of the applicability of an exception set out in subsection 222(2);
	(c) the elector's date of birth;
	(d) the date the elector left Canada;
	(e) the address of the elector's last place of ordinary residence in Canada before he or she left Canada or the address of the place of ordinary residence in Canada of a person with whom the elector would live but for his or her residing temporarily outside Canada, a person in relation to whom he or she is a dependent or a person designated by the elector as next of kin;
	(f) the date on which the elector intends to resume residence in Canada;
	(g) the elector's mailing address outside Canada; and
	(h) 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.
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 for implementing agreements made under section 55, but the elector is not required to provide that information.
Prohibition - change of address	224. The address chosen as the place of ordinary residence in Canada in the application for registration and special ballot cannot be changed after the elector's name is entered in the register.
Information to be provided	225. The Chief Electoral Officer may require an elector whose name appears in the register to provide, within the time fixed by the Chief Electoral Officer, any information that is necessary to update the register.
Deletion of names from register	226. The Chief Electoral Officer shall delete from the register the name of an elector who
	(a) does not provide the information referred to in section 225 within the time fixed by the Chief Electoral Officer;
	(b) makes a signed request to the Chief Electoral Officer to have his or her name deleted from the register;
	(c) has died and concerning whom a request has been received to have the elector's name deleted from the register, to which request is attached a death certificate or other documentary evidence of the death;
	(d) returns to Canada to reside;
	(e) cannot be contacted; or
	(f) except for an elector to whom any of paragraphs 222(2)(a) to (d) apply, has resided outside Canada for five consecutive years or more.
Sending of special ballot and envelopes	227. (1) After approving an application for registration and special ballot and after the issue of the writs, the Chief Electoral Officer shall send a special ballot, an inner envelope and an outer envelope to every elector whose name is entered in the register, at the address referred to in paragraph 223(1)(g).
Voting by special ballot	(2) An elector shall vote by special ballot by
	(a) writing the name of the candidate of his or her choice on the ballot;
	(b) placing the ballot in the inner envelope and sealing it;
	(c) placing the inner envelope in the outer envelope; and
	(d) signing the declaration on the outer envelope and sealing it.
Writing candidate's name	(3) 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 affiliation shall be indicated.
Sending of outer envelope	228. An elector shall send the outer envelope to the Chief Electoral Officer
	(a) by placing it in a return envelope and sending it by mail or other means; or
	(b) by delivering it to a Canadian Embassy, Canadian High Commission or Canadian Consular Office, to a Canadian Forces base or to any place that the Chief Electoral Officer may designate.
Deadline for return of vote	229. The special ballot must arrive at the office of the Chief Electoral Officer in Ottawa not later than 6:00 p.m. on polling day in order to be counted.
Responsibi- lities of elector	230. 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.
	DIVISION 4
	ELECTORS RESIDING IN CANADA
Definition of ``elector''	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.
Conditions for voting by special ballot	232. An elector may vote under this Division if his or her application for registration and special ballot, in the prescribed form, 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.
Information required for application	233. (1) The application for registration and special ballot 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.
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.
Name of elector previously included on list of electors	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.
Vote by special ballot only	235. Once an elector's application for registration and special ballot has been accepted, the elector may only vote under this Division.
Note on the list of electors	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.
Provision of special ballot	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.
Voting by special ballot	238. An elector who has received a special ballot may vote in accordance with subsections 227(2) and (3).
Sending to Chief Electoral Officer	239. (1) An elector who does not vote in his or her electoral district shall send the 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.
Responsibi- lities of elector	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.
Elector to be given regular ballot	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.
Spoiled ballot	242. (1) If an elector has inadvertently handled a ballot or a special ballot in such a manner that it cannot be used
	(a) the elector shall return it to the election officer; and
	(b) the election officer 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 paragraph (1)(b).
Assistance	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.

Bill C-83

DIVISION 3

ELECTORS TEMPORARILY RESIDENT OUTSIDE CANADA

DIVISION 4

ELECTORS RESIDING IN CANADA