Canada Elections Act
Part 7
Revision of Lists of Electors
Preliminary Lists of Electors
Sending of information
93. (1) As soon as possible after the issue of a writ, the Chief Electoral Officer shall prepare a preliminary list of electors for each polling division in an electoral district, and shall send it to the returning officer for the electoral district along with all the other information in the Register of Electors that relates to the electors of that electoral district.
Distribution of preliminary lists
(1.1) The Chief Electoral Officer shall distribute, to each registered party or eligible party that requests it, one copy in electronic form of the preliminary lists of electors for an electoral district in respect of which a writ has been issued.
Form of preliminary list of electors
(2) A preliminary list of electors shall contain only the name and address of each elector in the electoral district and the identifier that is assigned to the elector by the Chief Electoral Officer and shall be arranged according to the civic addresses of the electors or, if that is not appropriate, in alphabetical order by their names.
Publication of preliminary lists
(3) The Chief Electoral Officer shall, not later than the 31st day before polling day, determine the number of names appearing on the preliminary lists of electors for each electoral district and cause that information to be published in the Canada Gazette.
S.C. 2007, c. 21, s. 13.
Distribution of lists
94. (1) Each returning officer shall, on receipt of the preliminary lists of electors for his or her electoral district, distribute one printed copy and one copy in electronic form of the lists to each candidate in the electoral district who requests them.
Extra copies
(2) On the request of a candidate, the returning officer may provide a maximum of four additional printed copies of the preliminary lists of electors.
Notice of Confirmation of Registration
Notice to electors
95. (1) Each returning officer shall, as soon as possible after the issue of a writ but not later than the 24th day before polling day, send a notice of confirmation of registration to every elector whose name appears on the preliminary list of electors, except electors who
- (a) are referred to in paragraph 11(e);
- (b) have completed a statement of ordinary residence under
section 194 or 195; or
- (c) are referred to in section 222.
Form of notice
(2) The notice of confirmation of registration shall be in the form established by the Chief Electoral Officer and shall indicate
- (a) the address of the elector's polling station, and whether
or not it has level access;
- (b) the voting hours on polling day;
- (c) a telephone number to call for more information;
- (d) the dates of advance polls and the voting hours and locations
of advance polling stations; and
- (e) the fact that proof of an elector's identity and residence will be required before the elector is allowed to vote.
Particular needs
(3) The notice of confirmation of registration shall invite the elector to contact the returning officer if he or she
- (a) requires a language or sign language interpreter;
- (b) requires level access and his or her polling station does
not have it; or
- (c) is unable to attend at a polling station because of a physical
disability.
S.C. 2007, c. 21, s. 14.
Revision Process
Revision of preliminary lists of electors
96. The Chief Electoral Officer shall, as soon as possible after the issue of a writ, fix the commencement date for the revision of the preliminary lists of electors. The revision period shall terminate at 6:00 p.m. on the 6th day before polling day.
Election officers who are designated to receive applications
97. (1) The returning officer, assistant returning officer and revising agents for an electoral district may receive applications for additions or corrections to, or deletions from, a preliminary list of electors or the Register of Electors for their electoral district.
Applications for addition, correction or deletion
(2) All applications referred to in subsection (1) that are received by revising agents shall, on completion, be presented to the returning officer or assistant returning officer for his or her approval.
Rental of offices
98. The returning officer may, with the approval of the Chief Electoral Officer, rent one or more offices for the revision of the preliminary lists of electors. The office or offices shall have level access.
Revision – purpose
99. The returning officer and assistant returning officer for an electoral district shall revise the preliminary lists of electors for that electoral district by
- (a) adding the names of electors who were omitted from the lists;
- (b) correcting information respecting electors whose names are on the
lists; and
- (c) deleting the names of persons whose names were incorrectly inserted
on the lists.
Information in Register of Electors
99.1 The Chief Electoral Officer may, for the purpose of section 99, provide to the returning officer and assistant returning officer information contained in the Register of Electors.
S.C. 2007, c. 21, s. 15.
Revising agents to act jointly
100. (1) Each pair of revising agents appointed for an electoral district shall act jointly to assist in the revision of the preliminary lists of electors.
Disagreement between revising agents
(2) In case of disagreement, the revising agents shall refer the matter to the returning officer or assistant returning officer for a decision and are bound by that decision.
Relevant elector information
101. (1) The returning officer or assistant returning officer may add the name of any elector to the preliminary list of electors if
- (a) the elector completes the prescribed registration form, establishes
that he or she should be included on the list and provides satisfactory proof of
identity;
- (b) another elector who lives at the same residence as the elector
completes the prescribed registration form, establishes that the elector should
be included on the list and provides satisfactory proof of identity in respect
of that elector;
- (c) another elector who does not live at the same residence as the
elector completes the prescribed registration form for the elector, establishes
that the elector should be included on the list and provides
- (i) written authorization from the elector allowing the other elector
to complete the form for him or her, and
- (ii) satisfactory proof of identity in respect of both electors; or
- (i) written authorization from the elector allowing the other elector
to complete the form for him or her, and
- (d) the elector, or another elector who lives at the same residence as the elector, at their residence and in the presence of the revising agents completes the prescribed registration form and takes the prescribed oath.
Addition of elector's name
(1.1) The returning officer or assistant returning officer may also add to the preliminary list of electors the name of any elector whose name is added to the Register of Electors after that list has been prepared.
Exclusion from Register of Electors
(2) An elector whose name is added to a preliminary list of electors under paragraph (1)(a) may request that his or her name not be included in the Register of Electors.
Change of address
(3) The previous address of an elector whose name is added to a preliminary list of electors under any of paragraphs (1)(a) to (c) and who has changed his or her address since being listed in the Register of Electors shall be provided and the elector's name shall then be deleted from the Register of Electors in relation to the previous address.
Deletion of name of elector
(4) The returning officer or assistant returning officer may delete the name of a person from a preliminary list of electors if
- (a) the person requests it and provides satisfactory proof of identity;
- (b) it is established that the elector is deceased;
- (c) it is established that the information provided in respect of the
elector is not valid; or
- (d) it is established that the elector no longer resides at the address
indicated on the list.
Corrections
(5) The returning officer or assistant returning officer may approve corrections to the information, in respect of an elector, on a preliminary list of electors if
- (a) the elector has requested the correction under
subsection 97(1); or
- (b) there is an omission, inaccuracy or error.
Address change within electoral district
(6) An elector who changes his or her address within an electoral district may, by telephone or otherwise, on providing satisfactory proof of identity and residence to one of the election officers mentioned in subsection 97(1), apply to have the relevant corrections made to the appropriate preliminary list of electors. Another elector who lives at the same residence as the elector in question, on providing satisfactory proof of identity and residence in respect of the elector in question, may apply to have the relevant corrections made to that list in respect of the elector in question.
S.C. 2007, c. 21, s. 16.
Notice of confirmation of registration
102. Each returning officer shall, as early as possible during the revision period but not later than the 5th day before polling day, send a notice of confirmation of registration that contains the information described in subsections 95(2) and (3) to every elector whose name has been added to a preliminary list of electors during the revision period, except electors referred to in subsection 95(1).
Objection Procedure
Objection by elector
103. (1) No later than the 14th day before polling day, an elector whose name appears on a list of electors for an electoral district may make an objection before the returning officer respecting the inclusion of the name of another person on a list of electors for that electoral district.
Affidavit of objection
(2) An elector who wishes to make an objection under subsection (1) shall complete an affidavit of objection in the prescribed form, alleging that the other person is not entitled to vote in that electoral district, and shall submit the affidavit to the returning officer.
Notice to be sent to person objected to
(3) The returning officer shall, on the day on which he or she receives an affidavit of objection or on the following day, send to the person objected to, at his or her address given on the list of electors and also at any other address given on the affidavit, a notice in the prescribed form advising the person that he or she may give evidence to show that he or she is entitled to vote in the electoral district in question by
- (a) appearing personally or by representative before the returning
officer at a specified time no later than the 11th day before polling day; or
- (b) sending the returning officer, before that time, any documentation
that the person considers appropriate.
Notice to candidates
(4) The returning officer shall, as soon as possible, send to each candidate in the electoral district a copy of the notice referred to in subsection (3).
Presence of candidates' representatives
(5) If the person objected to decides to appear before the returning officer under paragraph (3)(a), the returning officer shall permit one representative of each candidate in the electoral district to be present, but no representative has the right to intervene, except with the permission of the returning officer.
Examination by returning officer
104. (1) When an objection is made under subsection 103(1), the returning officer may examine on oath the elector who made the objection, the person against whom it was made – if that person wishes to present their position – and any witness present, and make a decision on the basis of the information so obtained.
Evidence
(2) The onus of presenting sufficient evidence to warrant the deletion of a name from a list of electors is on the elector who makes the objection.
Elector to substantiate case
(3) The non-attendance before the returning officer at the time an objection is dealt with, or the failure of the person against whom the objection is made to send proof that he or she is entitled to vote in the electoral district, does not relieve the elector who makes the objection from proving, to the returning officer on a balance of probabilities, that the name of the person objected to should not appear on the list of electors.
Outcome of objection
(4) After an objection is dealt with by the returning officer, he or she shall either delete the name of the person objected to from the list of electors on which the name appears or allow the name to stay on that list.
Updated Preliminary Lists of Electors
Distribution of lists
104.1 Each returning officer shall, on the 19th day before polling day, distribute to each candidate in the electoral district who requests it, one copy in electronic form of the most current preliminary lists of electors for that electoral district.
S.C. 2007, c. 21, s. 17.
Revised Lists of Electors and Official Lists of Elector
Revised list of electors
105. (1) Each returning officer shall, on the 11th day before polling day, prepare a revised list of electors for each polling division in the electoral district for use at the advance poll.
Publication of revised lists
(2) The Chief Electoral Officer shall, not later than the 7th day before polling day, determine the number of names appearing on the revised lists of electors for each electoral district and cause that information to be published in the Canada Gazette.
Official list of electors
106. Each returning officer shall, on the 3rd day before polling day, prepare the official list of electors for each polling division for use on polling day.
Form of lists
107. (1) The revised list of electors and official list of electors for each polling division shall be in the form established by the Chief Electoral Officer.
Transmittal of list
(2) Each returning officer shall deliver to each deputy returning officer the revised list of electors or official list of electors, as the case may be, that the deputy returning officer needs to conduct the vote in his or her respective advance polling station or polling station. The list shall indicate each elector's sex and date of birth.
Transmittal to candidates
(3) Each returning officer shall deliver to each candidate a printed copy and a copy in electronic form of a version of the revised lists of electors and the official lists of electors that does not indicate an elector's sex or date of birth.
Extra copies
(4) On the request of a candidate, the returning officer may provide a maximum of four additional printed copies of the revised lists of electors and the official lists of electors.
S.C. 2007, c. 21, s. 18.
Merger of Polling Divisions
Merger of polling divisions
108. (1) After the end of the revision period, the returning officer may, with the prior approval of the Chief Electoral Officer, merge a polling division with an adjacent polling division in the same electoral district.
Official list
(2) The lists of electors for the merging polling divisions are deemed to be the official list of electors for the polling division that results from the merger.
Final Lists of Electors
Final list of electors
109. (1) The Chief Electoral Officer shall, without delay after polling day, prepare final lists of electors for each electoral district.
Delivery of final lists to member and parties
(2) The Chief Electoral Officer shall deliver a printed copy and a copy in electronic form of the final lists of electors for each electoral district to each registered party that endorsed a candidate in the electoral district and to the member who was elected for the electoral district.
Extra copies
(3) On the request of a registered party or member referred to in subsection (2), the Chief Electoral Officer may provide a maximum of four additional printed copies of the final lists of electors.
S.C. 2001, c. 21, s. 11.
Use of Lists of Electors
Registered parties
110. (1) A registered party that, under section 45 or 109, receives a copy of lists of electors or final lists of electors, respectively, may use the lists for communicating with electors, including using them for soliciting contributions and recruiting party members.
Members
(2) A member who, under section 45 or 109, receives a copy of lists of electors or final lists of electors, respectively, may use the lists for
- (a) communicating with his or her electors; and
- (b) in the case of a member of a registered party, soliciting contributions
for the use of the registered party and recruiting party members.
Candidates
(3) A candidate who receives a copy of the preliminary lists of electors under section 94 or 104.1, or a copy of the revised lists of electors or the official lists of electors under subsection 107(3), may use the lists for communicating with his or her electors during an election period, including using them for soliciting contributions and campaigning.
S.C. 2007, c. 21, s. 19.
Prohibitions
Prohibitions in relation to lists of electors
111. No person shall
- (a) wilfully apply to be included in a list of electors in a
name that is not his or her own;
- (b) wilfully apply, except as authorized by this Act, to be
included in a list of electors for a polling division if he or she is
already included in a list of electors for another polling division, which
list was prepared for use at the same election;
- (c) wilfully apply, except as authorized by this Act, to be included
in a list of electors for a polling division in which the person is not ordinarily
resident;
- (d) apply to have included in a list of electors for an electoral
district the name of a person, knowing that the person is not qualified as
an elector or entitled to vote in the electoral district;
- (e) wilfully apply to have included in a list of electors the name of an animal or thing; or
- (f) knowingly use personal information that is recorded in a list
of electors for a purpose other than
- (i) to enable registered parties, members or candidates to communicate
with electors in accordance with section 110, or
- (ii) a federal election or referendum.
- (i) to enable registered parties, members or candidates to communicate
with electors in accordance with section 110, or
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