Regulation Adapting the Canada Elections Act for the Purposes of a Referendum
Persons qualified as electors
- 3. Every person who is a Canadian citizen
and is 18 years of age or older on polling day is
qualified as an elector.
Disentitlement from voting
- 4. The following persons are not entitled to
vote at a referendum:
- (a) the Chief Electoral Officer;
- (b) the Assistant Chief Electoral Officer; and
- (c) every person who is imprisoned in a correctional institution serving a sentence
of two years or more.
- 5. No person may
- (a) vote or attempt to vote at a referendum
knowing that they are not qualified as an elector
or not entitled to vote under section 4; or
- (b) induce another person to vote at a referendum
knowing that the other person is
not qualified as an elector or not entitled to
vote under section 4.
Persons entitled to vote
- 6. Subject to this Act, every person who is
qualified as an elector is entitled to have his or
her name included in the list of electors for the
polling division in which he or she is ordinarily
resident and to vote at the polling station for
that polling division.
Only one vote
- 7. No elector who has voted at a referendum
may request a second ballot at that referendum.
Place of ordinary residence
- 8. (1) The place of ordinary residence of a
person is the place that has always been, or that
has been adopted as, his or her dwelling place,
and to which the person intends to return when
away from it.
One place of residence only
- (2) A person can have only one place of
ordinary residence and it cannot be lost until
another is gained.
- (3) Temporary absence from a place of ordinary
residence does not cause a loss or change
of place of ordinary residence.
Place of employment
- (4) If a person usually sleeps in one place and
has their meals or is employed in another place,
their place of ordinary residence is where they
- (5) Temporary residential quarters are considered
to be a person's place of ordinary residence
only if the person has no other place that
they consider to be their residence.
Temporary residential quarters
- (6) A shelter, hostel or similar institution that
provides food, lodging or other social services
to a person who has no dwelling place is that
person's place of ordinary residence.
Interpretation of ordinary residence
- 9. If the rules set out in section 8 are not sufficient
to determine the place of ordinary residence,
it shall be determined by the appropriate
referendum officer by reference to all the facts
of the case.
- 11. Any of the following persons may vote in
accordance with Part 11:
- (a) a Canadian Forces elector;
- (b) an elector who is an employee in the
federal public administration or the public
service of a province and who is posted
- (c) a Canadian citizen who is employed
by an international organization of which
Canada is a member and to which Canada
contributes and who is posted outside
- (d) a person who has been absent from
Canada for less than five consecutive years
and who intends to return to Canada as a
- (e) an incarcerated elector within the meaning
of that Part; and
- (f) any other elector in Canada who wishes to vote in accordance with that Part.
Federal Referendum Legislation – Contents