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Bill S-209

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Second Session, Forty-third Parliament,

69 Elizabeth II, 2020

SENATE OF CANADA

BILL S-209
An Act to amend the Canada Elections Act and the Regulation Adapting the Canada Elections Act for the Purposes of a Referendum (voting age)
FIRST READING, September 30, 2020

THE HONOURABLE SENATOR McPhedran
4321927


SUMMARY

This enactment amends the Canada Elections Act and the Regulation Adapting the Canada Elections Act for the Purposes of a Referendum to lower the voting age from 18 years to 16.

Available on the Senate of Canada website at the following address:
www.sencanada.ca/en


2nd Session, 43rd Parliament,

69 Elizabeth II, 2020

SENATE OF CANADA

BILL S-209

An Act to amend the Canada Elections Act and the Regulation Adapting the Canada Elections Act for the Purposes of a Referendum (voting age)

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

2000, c. 9

Canada Elections Act

1 The definition future elector in subsection 2(1) of the Canada Elections Act is replaced by the following:

future elector means a Canadian citizen who is 14 or Insertion start 15 Insertion end years of age. (futur électeur)

2 Section 3 of the Act is replaced by the following:

Persons qualified as electors

3 Every person who is a Canadian citizen and is Insertion start 16 Insertion end years of age or older on polling day is qualified as an elector.

3 Subsection 22(5) of the Act is repealed.

4 (1) Subparagraph 281.‍3(a)‍(ii) of the Act is replaced by the following:

  • (ii) is not or will not be Insertion start 16 Insertion end years of age or older on polling day; or

(2) Subparagraph 281.‍3(b)‍(ii) of the Act is replaced by the following:

  • (ii) is not or will not be Insertion start 16 Insertion end years of age or older on polling day.

5 Paragraph 384.‍3(3)‍(a) is replaced by the following:

  • (a) any person who was under Insertion start 16 Insertion end years of age on the day on which the event took place;

6 Paragraph 549.‍1(1)‍(b) is replaced by the following:

  • (b) the elector is or will be Insertion start 16 Insertion end years of age or older on polling day;

SOR/2010-20

Regulation Adapting the Canada Elections Act for the Purposes of a Referendum

7 Section 3 of the Schedule to the Regulation Adapting the Canada Elections Act for the Purposes of a Referendum is replaced by the following:

Persons qualified as electors

3 Every person who is a Canadian citizen and is Insertion start 16 Insertion end years of age or older on polling day is qualified as an elector.

Coming into Force

Six months after royal assent

8 This Act comes into force on the day that, in the sixth month after the month in which it receives royal assent, has the same calendar number as the day on which it receives royal assent — or, if that sixth month has no day with that number, the last day of that sixth month — unless, before then, the Chief Electoral Officer publishes a notice in the Canada Gazette that the necessary preparations for the bringing into operation of this Act, or of a specified provision of this Act, have been made and that this Act or the specified provision may come into force accordingly, in which case this Act or the provision, as the case may be, comes into force on the day on which the notice is published.

Published under authority of the Senate of Canada


EXPLANATORY NOTES

Canada Elections Act
Clause 1: Existing text of the definition:

future elector means a Canadian citizen who is 14 years of age or older but under 18 years of age. (futur électeur)

Clause 2: Existing text of section 3:

3 Every person who is a Canadian citizen and who on polling day is 18 years of age or older is qualified as an elector.

Clause 3: Existing text of subsection 22(5):

(5) Despite subsection (4), an election officer appointed under section 32 may be under 18 years of age but must be at least 16 years of age.

Clause 4: Existing text of relevant portions of section 281.‍3:

281.‍3 No person shall

  • (a) vote or attempt to vote at an election knowing that he or she

    • . . . 

    • (ii) is not 18 years of age or older — or will not be 18 years of age or older — on polling day; or

  • (b) induce or attempt to induce another person to vote at an election knowing that the other person

    • . . . 

    • (ii) is not 18 years of age or older — or will not be 18 years of age or older — on polling day.

Clause 5: Existing text of relevant portions of subsection 384.‍3(3):

(3) The registered party’s chief agent shall not include in the report referred to in subsection (1) the name of any of the following persons who attended the regulated fundraising event, nor the name of their municipality or its equivalent, their province or their postal code:

  • (a) any person who was under 18 years of age on the day on which the event took place;

Clause 6: Existing text of relevant portions of subsection 549.‍1(1):

549.‍1 (1) For the purposes of subsections 143(3) and (3.‍2), sections 144 and 147 and paragraphs 161(1)‍(b) and 169(2)‍(b), the solemn declaration by which an elector proves his or her identity and residence, proves his or her residence only, proves that he or she is qualified as an elector or proves that he or she has not previously voted at the election shall be in the prescribed form, which shall include the statements that

  • . . .  

  • (b) the elector is 18 years of age or older or will be 18 years of age or older on polling day;

  • . . .  

Regulation Adapting the Canada Elections Act for the Purposes of a Referendum
Clause 7: Existing text of section 3 of the Schedule:

3 Every person who is a Canadian citizen and is 18 years of age or older on polling day is qualified as an elector.


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