Regulation Adapting the Canada Elections Act for the Purposes of a Referendum
Division 3
Electors Temporarily Resident
outside Canada
Definitions
220. The definitions in this section apply in
this Division.
"elector" « électeur »
"elector" means an elector, other than a Canadian
Forces elector, who resides temporarily outside
Canada.
"register" « registre »
"register" means the register referred to in subsection
222(1).
Inclusion
in register
of electors
temporarily
resident outside
Canada
221. An elector may vote under this Division
if his or her application for registration and special
ballot is received in Ottawa by 6:00 p.m.
on the 6th day before polling day and his or her
name is entered on the register.
Register of
electors
222. (1) The Chief Electoral Officer shall
maintain a register of electors who are temporarily
resident outside Canada in which is
entered the name, date of birth, civic and mailing
addresses, sex and electoral district of each
elector who has filed an application for registration
and special ballot and who
(a) at any time before making the application,
resided in Canada;
(b) has been residing outside Canada for
less than five consecutive years immediately
before making the application; and
(c) intends to return to Canada to resume
residence in the future.
Exception
(2) Paragraph (1)(b) does not apply to an
elector who is
(a) employed outside Canada in the federal
public administration or the public service of
a province;
(b) employed outside Canada by an international
organization of which Canada is a
member and to which Canada contributes;
(c) a person who lives with an elector referred
to in paragraph (a) or (b); or
(d) a person who lives with a member of the
Canadian Forces or with a person referred to
in paragraph 191(d).
Inclusion in
register
223. (1) An application for registration and
special ballot may be made by an elector. It
shall be in the prescribed form and shall include
(a) satisfactory proof of the elector's identity;
(b) if paragraph 222(1)(b) does not apply in
respect of the elector, proof of the applicability
of an exception set out in subsection
222(2);
(c) the elector's date of birth;
(d) the date the elector left Canada;
(e) the address of the elector's last place of
ordinary residence in Canada before he or
she left Canada or the address of the place of
ordinary residence in Canada of the spouse,
the common-law partner or a relative of the
elector, a relative of the elector's spouse or
common law partner, a person in relation to
whom the elector is a dependant or a person
with whom the elector would live but for his
or her residing temporarily outside Canada;
(f) the date on which the elector intends to
resume residence in Canada;
(g) the elector's mailing address outside
Canada; and
(h) any other information that the Chief
Electoral Officer considers necessary to determine
the elector's entitlement to vote or the
electoral district in which he or she may vote.
Optional
information
(2) In addition to the information specified in
subsection (1), the Chief Electoral Officer may
request that the elector provide other information
that the Chief Electoral Officer considers
necessary for implementing agreements made
under section 55 of the Canada Elections Act,
but the elector is not required to provide that
information.
Prohibition — change of
address
224. The address chosen as the place of ordinary
residence in Canada in the application for
registration and special ballot cannot be changed
after the elector's name is entered in the register.
Information to
be provided
225. The Chief Electoral Officer may require
an elector whose name appears in the register
to provide, within the time fixed by the Chief
Electoral Officer, any information that is necessary
to update the register.
Deletion of
names from
register
226. The Chief Electoral Officer shall delete
from the register the name of an elector who
(a) does not provide the information referred
to in section 225 within the time fixed by the
Chief Electoral Officer;
(b) makes a signed request to the Chief
Electoral Officer to have his or her name
deleted from the register;
(c) has died and concerning whom a request
has been received to have the elector's name
deleted from the register, to which request is
attached a death certificate or other documentary
evidence of the death;
(d) returns to Canada to reside;
(e) cannot be contacted; or
(f) except for an elector to whom any of
paragraphs 222(2)(a) to (d) applies, has
resided outside Canada for five consecutive
years or more.
Sending of
special ballot
and envelopes
227. (1) After approving an application for
registration and special ballot and after the issue
of the writs, the Chief Electoral Officer shall
send a special ballot, an inner envelope and an
outer envelope to every elector whose name is
entered in the register, at the address referred to
in paragraph 223(1)(g).
Voting by
special ballot
(2) An elector shall vote by special ballot by
(a) marking a cross or other mark in the circular
space provided opposite the word "yes"
or "no" on the ballot;
(b) placing the ballot in the inner envelope
and sealing it;
(c) placing the inner envelope in the outer
envelope; and
(d) signing the declaration on the outer envelope
and sealing it.
(3) Not applicable.
Sending of outer
envelope
228. An elector shall send the sealed outer
envelope to the Chief Electoral Officer
(a) by mail or any other means; or
(b) by delivering it to a Canadian Embassy,
Canadian High Commission or Canadian
Consular Office, to a Canadian Forces base or
to any place that the Chief Electoral Officer
may designate.
Deadline for
return of vote
229. The special ballot must arrive at the
office of the Chief Electoral Officer in Ottawa
not later than 6:00 p.m. on polling day in order
to be counted.
Responsibilities
of elector
230. For the purpose of this Division, an elector
has the sole responsibility to ensure that
(a) his or her application for registration and
special ballot is made within the period specified;
and
(b) his or her special ballot is received within
the period specified to be counted.
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