Bill C-2

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

PDF

	DIVISION 9
	Prohibitions
Prohibitions - inside or outside Canada	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.
Prohibitions - outside Canada	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
Counting the votes	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.
Rejection of ballots	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.
Ballots not initialled by deputy returning officer	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).
Objections to ballots	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).
Statement of the vote	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.
Marked ballots	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
Counting of votes on polling day	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
Sending ballot boxes and statement 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.
Provision of statements to candidates	291. A returning officer shall, on request, provide each candidate one copy of each statement of the vote in the candidate's electoral district.
Safekeeping of ballot boxes	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.
	PART 13
	VALIDATION OF RESULTS BY THE RETURNING OFFICER
Validation of results	293. (1) After a returning officer receives all of the ballot boxes, he or she shall, at his or her office, in the presence of the assistant returning officer at the time indicated in paragraph 62(c), validate the results of the vote from the original statements of the vote and the information communicated under section 280.
Adjournment if ballot boxes or information not received	(2) If, on the day fixed for the validation of the results as described in paragraph 62(c), a returning officer has not received all the ballot boxes or the information required by section 280, the returning officer shall adjourn the proceedings for not more than seven days.
Further adjournment	(3) If, on the day fixed for the proceedings by virtue of an adjournment under subsection (2), the returning officer has not, for any reason, received the ballot boxes or information referred to in that subsection, the returning officer may make further adjournments. The further adjournments may not exceed a total of two weeks.
Witnesses at validation	294. Candidates and their representatives may attend the validation of the results, but if none of them is present, the returning officer shall ensure the presence of at least two electors until the validation is completed.
Opening ballot box in certain cases	295. (1) If the original statement of the vote is missing, appears to contain an error, to be incomplete or to have been altered, or is disputed by a candidate or his or her representative, the returning officer may open the ballot box and the envelope that contains the copy of the statement of the vote or, if that copy is missing, the large envelope.
Information on envelopes containing ballots	(2) If a copy of the statement of the vote is not found or is not useful for the purpose of validating the results, the returning officer may use the information that is written on the envelopes that contain the ballots for that purpose.
Limitation	(3) The returning officer shall not open an envelope that appears to contain ballots.
Resealing of loose papers	(4) If the returning officer opens the large envelope, he or she shall place its contents into another envelope, seal that envelope and initial the seal.
Loss or destruction of ballot boxes	296. (1) If a ballot box has been destroyed or is missing, the returning officer shall ascertain the cause of the destruction or loss and shall complete the validation of the results from the original copy of the statement of the vote in the same manner as if he or she had received the ballot box.
Power to summon and examine	(2) If the returning officer is unable to obtain either the original statement of the vote or the ballot box, he or she
	(a) shall ascertain, by any evidence that he or she is able to obtain, the total number of votes cast for each candidate at the polling stations;
	(b) for ascertaining the total number of votes under paragraph (a), may summon any deputy returning officer, poll clerk or other person to appear before him or her at a fixed date and time and to bring with them all necessary documents; and
	(c) may examine on oath the deputy returning officer, poll clerk or other person respecting the matter in question.
Notice to candidates	(3) If paragraph (2)(b) applies, the returning officer shall give notice to the candidates for that electoral district of the date and time fixed for the appearance.
Obligation to comply with summons	(4) Every person to whom a summons is directed under paragraph (2)(b) shall obey it.
Certificate of votes cast	297. Without delay after the validation of the results, the returning officer shall prepare a certificate in the prescribed form that sets out the number of votes cast for each candidate, and shall deliver the original of the certificate to the Chief Electoral Officer and a copy of it to each candidate or his or her representative. In the case described in section 296, the certificate shall indicate the number of votes that have been ascertained to have been cast for each candidate.
Ballot boxes	298. After the close of an election, each returning officer shall dispose of the ballot boxes as instructed by the Chief Electoral Officer.