Bill C-418

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First Reading

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	1st Session, 37th Parliament, 49-50 Elizabeth II, 2001
	House of Commons of Canada
	BILL C-418
	An Act to amend the Canada Elections Act (voting in place of a mentally incapacitated elector by power of attorney)
2000, c. 9	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
	*1. Section 7 of the Canada Elections Act* is replaced by the following:**
Only one vote	7. No elector who has voted in his or her own right at an election may request a second ballot at that election, except where the requested ballot is to be used for the purpose of voting for and in place of another elector in accordance with section 157.1.
	2. Section 127 of the Act is replaced by the following:
Manner of voting	127. An elector may
	(a) vote in person at a polling station on polling day;
	(a.1) have another person who holds his or her power of attorney vote at a polling station on polling day for and in place of him or her in accordance with section 157.1;
	(b) vote in person at an advance polling station during the period provided for the advance poll; or
	(c) vote by means of a special ballot issued in accordance with Part 11.
	3. Subsection 135(1) of the Act is replaced by the following:
Who may be present at polling station	135. (1) The only persons who may be present at a polling station on polling day are
	(a) the deputy returning officer and the poll clerk;
	(b) the returning officer and his or her representatives;
	(c) the candidates;
	(d) two representatives of each candidate or, in their absence, two electors to represent each candidate;
	(e) an elector and a friend or relative who is helping him or her by virtue of subsection 155(1), only for the period necessary to enable the elector to vote;
	(e.1) a person who is authorized under this Act to vote for and in place of an elector; and
	(f) any observer or member of the Chief Electoral Officer's staff whom he or she authorizes to be present.
	4. Section 143 of the Act is replaced by the following:
Voter to declare name, etc.	143. (1) Each elector and each person authorized under this Act to vote for and in place of an elector , on arriving at the polling station, shall give his or her name and address, or, in the case of a person authorized under this Act to vote for and in place of an elector, the name and address of the elector for and in place of whom he or she is authorized to vote, to the deputy returning officer and the poll clerk, and on request to a representative of the candidate.
Voting	(2) The poll clerk shall ascertain if the name of the elector appears on the list of electors and, if it does, the elector's name shall be crossed off the list and, subject to section 144, the elector or person authorized under this Act to vote for and in place of the elector, as the case may be , shall be immediately allowed to vote.
	5. Subsection 150(1) is replaced by the following:
Delivery of ballot to person admitted to vote	150. (1) Every person who is admitted to vote shall be given a ballot by the deputy returning officer.
	6. The Act is amended by adding the following after section 157:
	Voting by Power of Attorney
Definition of ``immediate family''	157.1 (1) In this section, ``immediate family'' means, in relation to a person, the husband or wife of the person, any child, parent, brother or sister of the person and any other relative of the person who ordinarily resides with him or her.
Voting by power of attorney	(2) Subject to subsection (4), where, on polling day, a person delivers to the deputy returning officer for a polling division a duly executed power of attorney instrument autho rizing him or her to vote at the election for and in place of a mentally incapacitated elector in his or her immediate family who is qualified to vote at that polling division, that person may thereupon vote at the election for and in place of that mentally incapacitated elector.
Proof	(3) A person who intends to vote for and in place of another elector pursuant to subsection (2) shall show proof to the satisfaction of the deputy returning officer that
	(a) he or she is a member of the immediate family of the elector for and in place of whom he or she intends to vote; and
	(b) the elector for and in place of whom he or she intends to vote is mentally incapacitated.
Person shall not vote	(4) A person who refuses or fails to show the proof referred to in subsection (3) to the satisfaction of the deputy returning officer shall not vote for and in place of another elector pursuant to subsection (2).
	7. Subsection 167(1) of the Act is replaced by the following:
Prohibitions re ballots, etc.	167. (1) No person shall
	(a) apply for a ballot in a name that is not his or her own, except where the ballot applied for is to be used for the purpose of voting for and in place of another elector in accordance with section 157.1;
	(b) use a forged ballot;
	(c) knowing that he or she is without authority under this Act to do so, provide a ballot to any person; or
	(d) knowing that he or she is without authority under this Act to do so, have a ballot in his or her possession.

Bill C-418

BILL C-418