Regulation Adapting the Canada Elections Act for the Purposes of a Referendum
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.
(1.1) Not applicable.
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.
(3) Not applicable.
94. Not applicable.
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.
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.
Referendum 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.
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
(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 referendum
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.
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 agents
(4) The returning officer shall, as soon as possible,
send to each agent who made a request pursuant
to subsection 10(1) of the Referendum Act a
copy of the notice referred to in subsection (3).
(5) Not applicable.
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
104.1 Not applicable.
Revised Lists of Electors and Official Lists of Electors
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.
(2) Not applicable.
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.
(2) Not applicable.
(3) Not applicable.
(4) Not applicable.
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 at the last
election 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.
Use of Lists of Electors
Registered parties
110. (1) A registered party that, under section
109, receives a copy of final lists of electors
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 109,
receives a copy of final lists of electors 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.
(3) Not applicable.
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 referendum;
(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 or members
to communicate with electors in accordance
with section 110, or
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