Highlights of Bill C-31
Bill C-31, An Act to amend the Canada Elections Act and the Public Service Employment Act, received royal assent on June 22, 2007. It contains a number of measures that will affect electors, parties and candidates.
This backgrounder summarizes the main changes to the rules related to how electors must identify themselves at the polls, as well as other provisions that will increase accessibility and improve the accuracy of the National Register of Electors.
What electors must provide
For the first time, even though they are already on the list of electors, Canadian electors will be required to prove their identity and residential address before being given a ballot. Electors can prove their identity and residential address in one of three ways:
- provide one original piece of identification issued by any level of Canadian government or an agency of that government that contains the elector's photo, name and residential address; or
- provide two original pieces of identification from a list authorized by the Chief Electoral Officer of Canada. Both must contain the name of the elector and one must also contain the elector's residential address; or
- be vouched for by an elector whose name appears on the list of electors in the same polling division and who has acceptable pieces of identification. Both will be required to make a sworn statement. An elector cannot vouch for more than one person, and the person who has been vouched for cannot vouch for another elector.
The same requirements regarding proof of identity and residence apply to electors who register to vote on election day or on an advance voting day.
Acceptable types of identification
It is estimated that some 85 percent of eligible voters have driver's licences issued by their province or territory that contain a photo and the name and residential address1 of the holder. Other electors will be required to present two authorized pieces of identification – one showing their name, and the other showing both their name and residential address. For example, while electors may choose to use a Canadian passport, a provincial health card or a birth certificate as proof of name, a utility bill or a bank statement are examples of documents that can be used to prove residential address.
The list of identification and documents that have been authorized by the Chief Electoral Officer can be found on Elections Canada's Web site at www.elections.ca.
Improved accessibility
Bill C-31 introduces more flexibility in the establishment of advance voting locations, making it possible for a greater number of advance polls, particularly in remote areas.
Electors with disabilities may now request a transfer certificate on election day. Previously, this request had to be made at least three days before election day. While this procedure is seldom used, it allows electors with disabilities to use a polling station with level access, when, on rare occasions their polling station does not provide level access. Electors may know in advance if their polling station has level access by checking their voter information card or by contacting Elections Canada.
If an elector's polling station is moved to another location after the voter information card giving the polling station address has been sent, the elector who arrives at the original polling station on election day may request a certificate to vote at that polling station.
The administrators of apartment buildings, condominium buildings or other multiple-residence buildings or gated communities are required to provide access to election workers. The building administrator may refuse access if the residents' physical or emotional well-being could be harmed.
Persons in control of a building, land, street or other place that is open without charge to the public must allow access to candidates or their representatives for campaigning purposes. There are exceptions, when campaigning in or at such a place would be incompatible with public safety or the function and purpose of the place.
Changes to the National Register of Electors and lists of electors
To facilitate the direct addition of new electors, especially youth, to the National Register of Electors, voters who communicate their information to Elections Canada through their income tax returns will now be asked to declare explicitly that they are Canadian citizens.
During the revision period prior to election day, an elector who is contacted at his or her residence may register himself or herself and other electors who reside at the same address by completing a registration form and swearing an oath in the presence of the revising agents.
Registered and eligible political parties will receive a copy of the preliminary lists of electors at the beginning of an election campaign. Candidates who already receive a copy of the preliminary list of electors will also receive an updated preliminary list 19 days prior to election day.
The annual list of electors will be provided to members of Parliament and registered parties in November rather than a month earlier, permitting the inclusion of more electors who moved during the previous summer.
The Chief Electoral Officer will assign each registered elector a unique, randomly generated number. This number will be included on lists of electors, and will allow parties, members of Parliament and candidates to match changes made to the lists with names of electors on their own lists.
It should be noted that the Act prohibits the use of personal information recorded in a list of electors for a purpose other than to enable registered parties, members of Parliament or candidates to communicate with electors.
The maximum penalty for the unauthorized use of personal information contained in a list of electors has been increased from $1,000 or three months in prison to $5,000 or one year in prison.
Keeping track at the polls
Periodically on election day, forms – known colloquially as "bingo cards" – will be made available to candidates' representatives, indicating which electors have cast their vote. Previously, this information had to be recorded by candidates' representatives at individual polling stations.
Coming into force
Most provisions contained in Bill C-31 will come into force no later than August 22, 2007, or earlier if the Chief Electoral Officer publishes a notice indicating he is ready to enact the new amendments.
The "bingo card" provisions will come into effect in December 2007.
Amendments requiring changes to Elections Canada's computer systems, such as those related to the National Register of Electors and the lists of electors, will come into effect in April 2008.
For more information, please contact:
Elections Canada
257 Slater Street
Ottawa, Ontario
K1A 0M6
Telephone
1-800-463-6868
toll-free in Canada and the United States
001-800-514-6868
toll-free in Mexico
613-993-2975
from anywhere in the world
For people who are deaf or hard of hearing:
TTY 1-800-361-8935
toll-free in Canada and the United States
Fax
613-954-8584
1-888-524-1444
toll-free in Canada and the United States
This publication is available in alternative formats.
July 2007
1 Some driver's licences contain a commercial or non-residential address. To be used as the single piece of elector identification, the licence must contain the holder's residential address.