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Canada Elections Act

Part 11 Division 2

Canadian Forces Electors

Definitions

190. The definitions in this section apply in this Division.

"elector"
« électeur »

"elector" means a person who is a Canadian Forces elector under section 191.

"voting period"
« période de scrutin »

"voting period" means the period beginning 14 days before polling day and ending 9 days before polling day.

Voting Entitlement and Electoral Districts

Canadian Forces electors

191. Any of the following persons is a Canadian Forces elector if he or she is qualified as an elector under section 3 and is not disentitled from voting at an election under section 4:

(a) a member of the regular force of the Canadian Forces;
(b) a member of the reserve force of the Canadian Forces on full-time training or service or on active service;
(c) a member of the special force of the Canadian Forces; and
(d) a person who is employed outside Canada by the Canadian Forces as a teacher in, or as a member of the administrative support staff for, a Canadian Forces school.

Voting limited to electoral district of ordinary residence

192. An elector is only entitled to vote under this Division for a candidate in the electoral district that includes the place of ordinary residence that the elector has named in his or her statement of ordinary residence.

Voting in actual place of ordinary residence

193. An elector who has not voted under this Division may vote at the polling station established for the polling division of the elector's place of ordinary residence named in section 192 but only if he or she ordinarily resides in the electoral district referred to in that section as of polling day.

Statement of Ordinary Residence

Completion on enrolment, etc.

194. (1) In order to vote under this Division, a person shall, without delay after becoming an elector described in paragraph 191(a), (c) or (d) by virtue of his or her being enrolled in or hired by the Canadian Forces, complete a statement of ordinary residence in the prescribed form that indicates

(a) his or her surname, given names, sex and rank;
(b) his or her date of birth;
(c) the civic address of his or her place of ordinary residence in Canada immediately before the enrolment or hiring; and
(d) his or her current mailing address.

Completion on becoming ordinarily resident

(2) A person who cannot complete a statement of ordinary residence under subsection (1) because he or she did not have a place of ordinary residence in Canada when enrolled in or hired by the Canadian Forces shall, without delay after being able to indicate a place referred to in paragraph (4)(a) or (b) as his or her place of ordinary residence, complete a statement of ordinary residence in accordance with subsection (1), indicating that place as his or her place of ordinary residence.

Members of Canadian Forces not entitled to vote

(3) A person who was not qualified as an elector at an election when enrolled in or hired by the Canadian Forces shall, without delay after becoming qualified, complete a statement of ordinary residence in accordance with subsection (1) that indicates a place of ordinary residence described in subsection (4).

Change of ordinary residence, etc.

(4) An elector may amend the information in his or her statement of ordinary residence and may indicate as a place of ordinary residence the civic address of

(a) the place of ordinary residence of the spouse, the common-law partner, a relative or a dependant of the eligible elector, a relative of his or her spouse or common-law partner or a person with whom the elector would live but for his or her being enrolled in or hired by the Canadian Forces;
(b) the place where the member is residing by reason of his or her performance of services as a member of the Canadian Forces; or
(c) the elector's place of ordinary residence immediately before being enrolled in or hired by the Canadian Forces.

When no statement completed

(5) An elector described in subsection (1), (2) or (3) who has not completed a statement of ordinary residence in accordance with subsection (1) may do so at any time.

Coming into force of amendments

(6) An amendment to a statement of ordinary residence takes effect

(a) if it is made during an election period, 14 days after polling day; and
(b) if it is made at any other time, 60 days after the commanding officer of the elector's unit receives it.

Optional information

(7) In addition to the information specified in subsection (1), the Chief Electoral Officer may invite the elector to provide other information that the Chief Electoral Officer considers necessary to implement agreements made under section 55, but the elector is not required to provide that information.

S.C. 2000, c. 12, s. 40.

Completion by reserve member not on active service

195. (1) A member of the reserve force of the Canadian Forces who is not on active service and who, at any time during the period beginning on the issue of the writs and ending on the Saturday immediately before polling day, is on full-time training or service, shall complete a statement of ordinary residence in the prescribed form that indicates

(a) the member's surname, given names, sex and rank;
(b) the member's date of birth;
(c) the civic address of the member's place of ordinary residence in Canada immediately before that full-time training or service began; and
(d) the member's current mailing address.

Completion by reserve member on active service

(2) Every member of the reserve force of the Canadian Forces who is placed on active service, other than a member who immediately before being placed on active service was on full-time training or service and completed a statement of ordinary residence in accordance with subsection (1) after that full-time training or service began, shall complete a statement of ordinary residence in the same form as in subsection (1) that indicates

(a) the member's surname, given names, sex and rank;
(b) the member's date of birth;
(c) the civic address of the member's place of ordinary residence in Canada immediately before the member was placed on active service; and
(d) the member's current mailing address.

Members of reserve force not entitled to vote

(3) A member of the reserve force of the Canadian Forces referred to in subsection (1) or (2) who was not qualified as an elector at an election while on full-time training or service shall, without delay after becoming qualified, complete a statement of ordinary residence in accordance with subsection (1) or (2), as the case may be, that indicates a place of ordinary residence described in subsection (4).

Change of ordinary residence, etc.

(4) An elector may amend the information in his or her statement of ordinary residence and may indicate as a place of ordinary residence the civic address of

(a) the place of ordinary residence of a person with whom the elector would live but for his or her being on training or service or a person designated by the elector as next of kin;
(b) the place where the elector is residing by reason of his or her being on training or service; or
(c) the elector's place of ordinary residence immediately before being on training or service.

When no statement completed

(5) An elector described in subsection (1), (2) or (3) who has not completed a statement of ordinary residence in accordance with subsection (1) or (2), as the case may be, may do so at any time.

Coming into force of amendments

(6) An amendment to a statement of ordinary residence takes effect

(a) if it is made during an election period, 14 days after polling day; and
(b) if it is made at any other time, 60 days after the commanding officer of the elector's unit receives it.

Optional information

(7) In addition to the information specified in subsection (1), the Chief Electoral Officer may invite the member to provide other information that the Chief Electoral Officer considers necessary to implement agreements made under section 55, but the member is not required to provide that information.

Statement to be sent to Chief Electoral Officer

196. (1) The original of a statement of ordinary residence of an elector, other than a statement completed under section 195, shall be sent to the Chief Electoral Officer and a copy of that original shall be kept in the unit in which the elector is serving.

Validation

(2) On receiving the statement of ordinary residence, the Chief Electoral Officer shall

(a) validate it by indicating on it the name of the electoral district that includes the place of ordinary residence shown in the statement; and
(b) return it to the commanding officer of the unit in which the elector is serving.

Retention of validated statement

(3) On receiving the statement of ordinary residence, the commanding officer shall destroy the copy kept under subsection (1) and keep the validated original with the elector's unit service documents.

Prior statements to be destroyed

(4) On receiving the validated statement of ordinary residence, the commanding officer may destroy any other original or copy of a statement of ordinary residence that was filed with the elector's unit service documents.

Filing of reservists' statements

197. A statement of ordinary residence completed by a member of the reserve force of the Canadian Forces under section 195 shall be filed with the unit in which the member is on full-time training or service or active service, as the case may be.

Retention of statements

198. Statements of ordinary residence shall be retained for a period of one year after a person ceases to be entitled to vote under this Division and may be destroyed at the end of that period.

Coordinating Officer

Designation

199. (1) The Minister of National Defence shall designate a person as a coordinating officer to work, during and between elections, with the Chief Electoral Officer in carrying out the purposes and provisions of this Division.

Duties

(2) The coordinating officer shall, on request, provide to the Chief Electoral Officer the following information relating to each elector:

(a) the elector's surname, given names, sex and rank;
(b) the elector's date of birth;
(c) the civic address of the elector's place of ordinary residence indicated on any validated statement of ordinary residence; and
(d) the elector's current mailing address.

Steps to Prepare for Vote

Duties of Chief Electoral Officer

200. Without delay after the issue of the writs, the Chief Electoral Officer shall inform the Minister of National Defence and the coordinating officer of their issue and of the location of voting territories and administrative centres.

Duties of Minister of National Defence

201. On being informed of the issue of the writs, the Minister of National Defence shall designate one or more electors to act as liaison officers for the vote.

Duties of coordinating officer

202. On being informed of the issue of the writs, the coordinating officer shall

(a) inform each commanding officer of their issue; and
(b) inform the Chief Electoral Officer of the name and address of each liaison officer.

Duty of liaison officers to communicate with unit

203. (1) On being designated, a liaison officer shall communicate with each commanding officer in respect of whose unit the liaison officer has liaison duties, with respect to any matter that relates to the vote.

Duty to cooperate with Chief Electoral Officer

(2) A liaison officer shall cooperate with the Chief Electoral Officer in the administration of the vote.

Duties of Commanding Officers

Notice

204. (1) On being informed of the issue of the writs, each commanding officer shall

(a) publish a notice as a part of unit orders; and
(b) prepare a list of the names of the electors of his or her unit.

Contents of notice

(2) The notice shall notify electors that an election has been called and of the date of polling day and shall inform the electors that

(a) they may vote in accordance with this Division; and
(b) the commanding officer will designate one or more deputy returning officers to collect their votes and fix the voting times during the voting period.

Contents of list

(3) The list shall be arranged alphabetically and shall indicate each elector's surname, given names, sex and rank, and

(a) if the elector's statement of ordinary residence has been validated, the name of the elector's electoral district; or
(b) if the elector's statement of ordinary residence has not been validated, the place of ordinary residence as indicated in the statement of ordinary residence.

Duties of commanding officer

205. (1) Within seven days after being informed of the issue of the writs, each commanding officer shall

(a) establish polling stations;
(b) designate an elector as the deputy returning officer for each polling station;
(c) through a liaison officer, provide the Chief Electoral Officer with a list of the designated deputy returning officers and their ranks, and sufficient copies of the list of electors for the unit; and
(d) provide the designated deputy returning officers with a copy of the list of electors for the unit.

Facilities

(2) Each commanding officer shall provide the facilities that are necessary to enable the electors to vote in accordance with this Division.

Voting times

(3) Each commanding officer shall fix the voting times so that the polling stations in his or her unit are open for at least three hours a day on at least three days during the voting period.

Mobile polling station

206. (1) A commanding officer may establish a mobile polling station in any area for the purpose of collecting the votes of electors who cannot conveniently reach polling stations established at their unit.

Opening period

(2) A mobile polling station shall remain in an area and be open for the collection of votes for the days and hours during the voting period that the commanding officer considers necessary to give electors in the area a reasonable opportunity to vote.

Joint polling stations

207. The commanding officers of units that are in the same locality may establish one polling station for all electors in their units, if the commanding officers consider that it would be expedient for the purposes of this Division.

Notice of polling stations and voting times

208. During each of three or more days before the voting period and on each day on which the vote is held, each commanding officer shall publish in his or her unit's orders and put in a conspicuous place a notice that states

(a) the days on which the electors may vote;
(b) the precise location of, and the voting hours at, each polling station, other than a mobile polling station; and
(c) in the case of a mobile polling station, its location and the anticipated period during which it is to remain at that location.

Election materials

209. On receiving election materials and the list of candidates, each commanding officer shall

(a) distribute the materials in sufficient quantities to the designated deputy returning officers; and
(b) post copies of the list in conspicuous places.

Voting

Duties of deputy returning officer

210. During the voting period, a deputy returning officer for a unit shall, at each polling station,

(a) put in conspicuous places two or more copies of voting instructions provided by the Chief Electoral Officer and relating to the vote under this Division in the prescribed form; and
(b) keep available for consultation by the electors one copy of this Part, one set of street indexes, one guide to electoral districts and one list of candidates.

Representative of registered party

211. A Canadian citizen may represent a registered party at a polling station if he or she provides the deputy returning officer with an authorization in the prescribed form signed by a candidate for the party.

Completion of certain documents

212. Before delivering a special ballot to an elector, a deputy returning officer shall require the elector to complete a statement of ordinary residence, if none has been placed in the elector's unit service documents, and to make and sign the declaration on the outer envelope.

Provision of special ballot, etc.

213. (1) A deputy returning officer shall, on completion of the documents referred to in section 212, give the elector a special ballot, an inner envelope and the outer envelope signed by the elector.

Voting on special ballot

(2) The elector shall use the special ballot to vote by writing on it, in private, the name of the candidate of his or her choice, folding the special ballot and, in the presence of the deputy returning officer,

(a) placing the folded special ballot in the inner envelope and sealing the envelope; and
(b) placing the inner envelope in the outer envelope and sealing the outer envelope.

Writing candidate's name

(3) The candidate shall be indicated on a special ballot by writing the candidate's given name or initials and surname. If two or more candidates have the same name, their political affiliations shall be indicated.

Spoiled special ballot

(4) If an elector has inadvertently handled a special ballot in such a manner that it cannot be used, the elector shall return it to the deputy returning officer who shall mark it as spoiled and give an additional special ballot to the elector.

Limit

(5) An elector shall not be given more than one special ballot under subsection (4).

Return of vote – information

214. (1) The deputy returning officer shall inform an elector that, in order to be counted, the outer envelope must be received by the special voting rules administrator in Ottawa not later than 6:00 p.m. on polling day. The deputy returning officer shall inform the elector of the location of the nearest post office or mail box and of the service provided by the Canadian Forces to deliver the outer envelope.

Sending the outer envelope

(2) If the elector does not use the delivery service provided by the Canadian Forces, it is the elector's responsibility to ensure that the outer envelope is sent to the special voting rules administrator.

Postage

(3) If the elector chooses to use a postal service, the deputy returning officer must ensure that sufficient postage is affixed to the outer envelope.

Voting by deputy returning officer

215. A deputy returning officer who is qualified to vote may vote in accordance with this Division.

Assistance

216. (1) If an elector is, because of a physical disability, unable to vote in the manner described in this Division, the deputy returning officer shall assist him or her by

(a) completing the declaration on the outer envelope and writing the elector's name where his or her signature is to be written; and
(b) marking the special ballot as directed by the elector in his or her presence and in the presence of another elector selected by the elector as a witness.

Note and keeping vote secret

(2) The deputy returning officer and an elector acting as a witness shall

(a) sign a note on the outer envelope indicating that the elector was assisted; and
(b) keep secret the name of the candidate for whom the elector voted.

Hospitalized or convalescing elector

217. (1) An elector who is a patient in a service hospital or convalescent institution during the voting times fixed for the polling stations in his or her unit is deemed to be a member of the unit under the command of the officer in charge of the hospital or institution.

Deputy returning officer for hospitalized electors

(2) If no deputy returning officer has been designated for a service hospital or convalescent institution, the deputy returning officer for the unit to which the hospital or institution belongs is the deputy returning officer for electors who are patients in the hospital or institution.

Bed-ridden electors

(3) A deputy returning officer for electors who are patients in a service hospital or convalescent institution may, if that officer considers it advisable and the commanding officer for the unit approves, go from room to room to administer and collect the votes of electors who are confined to bed.

Duty, leave or furlough

218. An elector who provides satisfactory evidence of their absence from their unit during the voting times fixed for the polling stations in his or her unit because of duty, leave or furlough may apply to a deputy returning officer of another unit to vote at that officer's polling station.

End of voting period – delivery of documents

219. (1) At the end of the voting period, the deputy returning officer for a unit shall deliver to the unit's commanding officer

(a) the outer envelopes that contain the marked special ballots;
(b) any unused or spoiled outer envelopes;
(c) any unused or spoiled special ballots and unused inner envelopes; and
(d) in a separate and clearly identified parcel, every statement of ordinary residence completed at the time of voting.

Duties of commanding officer

(2) On receipt of the documents referred to in subsection (1), the commanding officer shall

(a) deal with the originals and copies of the statements of ordinary residence in accordance with this Division; and
(b) deliver to the Chief Electoral Officer all other documents and election materials received from the deputy returning officers.

Federal Electoral Legislation – Contents