Bill C-18

56 ELIZABETH II

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CHAPTER 37

An Act to amend the Canada Elections Act (verification of residence)

[Assented to 14th December, 2007]

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

CANADA ELECTIONS ACT

1. Section 143 of the Canada Elections Act is amended by adding the following after subsection (3):

(3.1) If the address contained in the piece or pieces of identification provided under subsection (2) or paragraph (3)(a) does not prove the elector’s residence but is consistent with information related to the elector that appears on the list of electors, the elector’s residence is deemed to have been proven.

(3.2) Despite subsection (3.1), a deputy returning officer, poll clerk, candidate or candidate’s representative who has reasonable doubts concerning the residence of an elector referred to in that subsection may request that the elector take the prescribed oath, in which case his or her residence is deemed to have been proven only if he or she takes that oath.

2. Paragraphs 161(1)(a) and (b) of the Act are replaced by the following:

(a) provides as proof of his or her identity and residence the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, which piece or one of which pieces must contain an address that proves his or her residence; or

(b) proves his or her identity and residence by taking the prescribed oath, and is accompanied by an elector whose name appears on the list of electors for the same polling division and who

(i) provides the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, which piece or one of which pieces must contain either an address that proves his or her residence or an address that is consistent with information related to him or her that appears on the list of electors, and

(ii) vouches for him or her on oath in the prescribed form, which form must include a statement as to the residence of both electors.

3. Paragraphs 169(2)(a) and (b) of the Act are replaced by the following:

(a) provides as proof of his or her identity and residence the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, which piece or one of which pieces must contain an address that proves his or her residence; or

(b) proves his or her identity and residence by taking the prescribed oath, and is accompanied by an elector whose name appears on the list of electors for the same polling division and who

(i) provides the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, which piece or one of which pieces must contain either an address that proves his or her residence or an address that is consistent with information related to him or her that appears on the list of electors, and

(ii) vouches for him or her on oath in the prescribed form, which form must include a statement as to the residence of both electors.

COORDINATING AMENDMENTS

4. If, in the 2nd session of the 39th Parliament, a Bill entitled An Act to amend the Canada Elections Act (expanded voting opportunities) and to make a consequential amendment to the Referendum Act (the “other Act”) is introduced that is in the same form as Bill C-55 — introduced in the 1st session of the 39th Parliament and having the same title — and if it receives royal assent, then, on the first day on which both subsection 12(3) of that other Act has produced its effects and section 3 of this Act is in force, subsection 176.2(2) of the Canada Elections Act is replaced by the following:

(2) An elector shall not be registered unless he or she

(a) provides as proof of his or her identity and residence the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, which piece or one of which pieces must contain an address that proves his or her residence; or

(b) proves his or her identity and residence by taking the prescribed oath, and is accompanied by an elector whose name appears on the official list of electors for the same polling division and who

(i) provides the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, which piece or one of which pieces must contain either an address that proves his or her residence or an address that is consistent with information related to him or her that appears on the list of electors, and

(ii) vouches for him or her on oath in the prescribed form, which form must include a statement as to the residence of both electors.

5. (1) Subsections (2) and (3) apply if Bill C-6, introduced in the 2nd session of the 39th Parliament and entitled An Act to amend the Canada Elections Act (visual identification of voters) (the “other Act”), receives royal assent.

(2) On the first day on which subsections 143(3.1) and (3.2) of the Canada Elections Act, as enacted by section 5 of the other Act, and subsections 143(3.1) and (3.2) of the Canada Elections Act, as enacted by section 1 of this Act, are in force,

(a) subsections 143(3.1) and (3.2) of the Canada Elections Act, as enacted by section 1 of this Act, are renumbered as subsections 143(3.3) and (3.4), respectively, and are repositioned accordingly if required; and

(b) the reference to subsection (3.1) in subsection 143(3.4) of the Canada Elections Act is replaced with a reference to subsection (3.3).

(3) On the first day on which both section 9 of the other Act is in force and subsection (2) has produced its effects, section 237.1 of the Canada Elections Act is amended by adding the following after subsection (1):

(1.1) Subsections 143(3.3) and (3.4) apply, with any modifications that the circumstances require, in respect of the piece or pieces of identification provided under subsection (1).