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The current legislative framework for ballots and special ballotsCEO Appearance on the study on Indigenous languages on ballots before the Standing Committee on Procedure and House Affairs

Key Messages

  • When studying the possibility of including Indigenous languages on ballots, it is important to consider the provisions in the Canada Elections Act (CEA) as regards the current legislative framework governing languages on ballots.
  • The CEA will have to be amended to issue ballots in Indigenous languages.
  • The ensuing legislative amendments will vary according to the goals being pursued as well as the regulations and policies that will be implemented. The following is a list of key provisions that may need amending.

Facts

Ballots

  • A prospective candidate for a given election must complete a nomination paper that includes the name they wish to have appear on the ballot. The prospective candidate may request that another name by which they are commonly known appear instead (section 66(1)(a)(i) and (i.1) of the CEA).
  • Under subsection 66(2) of the CEA, the candidate's name shall not include any title, degree or other prefix or suffix. The naming conventions used for the first and last names of Indigenous peoples may require that this provision be amended.
  • Subsection 117(1) of the CEA provides that ballots shall contain the names of candidates arranged alphabetically. The alphabetical order referred to in section 117(1) assumes a Latin alphabet, given that ballots are currently written in English and French.
  • Section 116(1) of the CEA provides that ballots must be printed in Form 3 of Schedule 1. This provision will need to be amended in the event that a ballot alternative is introduced and that a decision is made to include Indigenous languages on ballots. However, the Act will not need to be amended if, instead, it is decided that facsimile ballots will be made available behind the voting screens.
  • Form 3 of Schedule 1 of the CEA specifically establishes the form of ballots, which are drafted in English and French. The ballot in Form 3 only features Latin-alphabet characters. Accordingly, any candidate wishing to have another name by which they are commonly known appear on the ballot must comply with the use of Latin-alphabet characters.
  • Under Form 3 of Schedule 1, the CEA provides that Elections Canada (EC) is implicitly required to provide ballots in both official languages only. It is important to note that Form 3 of Schedule 1 is an image of a ballot EC is required to use; the said ballot indicates the use of French and English.
  • Outside of Form 3, the CEA has no provisions prescribing that the names of political parties shall be written in English and French. It is therefore possible for the name of a political party to appear on the ballot in English and/or French.
  • It should be noted that the CEA is silent regarding any and all translation requirements.

Special ballots

  • Under section 186 of the CEA, special ballots shall be in accordance with Form 4 of Schedule 1, which consists of an image of a ballot EC is required to use as a reference.
  • Form 4 of Schedule 1 specifically determines the form of special ballots, which are drafted in English and French. Electors are asked to write the first and last name of their chosen candidate on these ballots.
  • Under Form 4 of Schedule 1, the CEA provides that EC is implicitly required to provide ballots in both official languages only.
  • Part 11 of the CEA provides that electors are required to write the first and last name of their chosen candidate. The CEA has no provisions regarding the language in which an elector can write the name of their chosen candidate. Under Form 4 of Schedule 1, it is assumed that electors will write in either official language using the Latin alphabet since ballots are only provided in English and French.
  • Subsection 269(2) of the CEA provides that no special ballot shall be rejected for the sole reason that the elector has incorrectly written the name of a candidate, if the ballot clearly indicates the elector's intent.