Regulation Adapting the Canada Elections Act for the Purposes of a Referendum
Part 8
Preparation for the Vote
List of Deputy Returning Officers
List of deputies and poll clerks
112. (1) A returning officer shall, at least
three days before polling day, post in his or her
office a list of the names and addresses of all
the deputy returning officers and poll clerks
appointed to act in the electoral district, with
the number of the polling station at which each
is to act.
Access to list
(2) The returning officer shall permit access
to, and give full opportunity for the inspection
of, the list referred to in subsection (1) by interested
persons at any reasonable time.
Referendum Materials
Delivery to returning officers
113. The Chief Electoral Officer, at any time
before the issue of the writ or immediately after
the issue of it, shall deliver to the returning officer sufficient quantities of referendum
materials and the necessary instructions for the
referendum officers to perform their duties.
Ballot boxes
114. (1) The Chief Electoral Officer shall
provide the returning officer with the necessary
ballot boxes.
Material of ballot box
(2) Each ballot box shall be of the size and
shape and made of the material determined by
the Chief Electoral Officer and be constructed
to allow seals for the use of the returning officers
and deputy returning officers to be affixed.
Ballot paper
115. (1) As soon as possible after the issue
of the writ, the Chief Electoral Officer shall
provide the returning officer with the paper on
which the ballots are to be printed. The weight
and opacity of the paper shall be determined by
the Chief Electoral Officer.
(2) Not applicable.
116. (1) Not applicable.
Form of ballot
(2) Ballots shall have a counterfoil and a stub,
with a line of perforations between the ballot
and the counterfoil and between the counterfoil
and the stub.
Numbering of ballots
(3) The ballots shall be numbered on the back
of the stub and the counterfoil, and the same
number shall be printed on the stub as on the
counterfoil.
Books of ballots
(4) Ballots shall be in books containing an
appropriate number of ballots.
Obligation re ballots, ballot paper
(5) Each printer shall return all of the ballots
and all of the unused paper on which the ballots
were to have been printed, to the returning
officer.
Printer's name and affidavit
(6) Ballots shall bear the name of the printer
who, on delivering them to the returning officer,
shall include an affidavit in the prescribed
form that sets out a description of the ballots,
the number of ballots delivered to the returning
officer and the fact that all ballots were
provided, and all paper returned, as required by
subsection (5).
117. Not applicable.
Property of Her Majesty
118. Ballot boxes, ballots, envelopes and
marking instruments procured for a referendum
are the property of Her Majesty.
Supply of Referendum Materials to Deputy Returning Officer
Materials to be supplied to deputy returning officers
119. (1) Before voting begins, each returning
officer shall provide each deputy returning officer
in his or her electoral district with
(a) enough ballots for at least the number of
electors on the official list of electors for the
deputy returning officer's polling station;
(b) a statement showing the number of ballots
that are supplied, with their serial numbers;
(c) the necessary materials for electors to
mark their ballots;
(d) an adequate number of templates, provided
by the Chief Electoral Officer, to
enable electors who are visually impaired to
mark their ballots without assistance;
(e) a copy of the instructions of the Chief
Electoral Officer referred to in section 113;
(f) the official list of electors for use at the polling
station, enclosing it when possible in the
ballot box with the ballots and other supplies;
(g) a ballot box;
(h) the text of the oaths to be administered to
electors; and
(i) the necessary envelopes, forms and other
supplies that may be authorized or provided
by the Chief Electoral Officer.
Safekeeping of referendum materials
(2) Until the opening of the poll, each deputy
returning officer is responsible for all referendum
materials in his or her possession and shall
take every precaution for the safekeeping of
those materials and to prevent any person from
having unlawful access to them.
Polling Stations and Central Polling Places
Establishment of polling stations
120. (1) Each returning officer shall, for polling
day, establish one polling station for each
polling division.
Multiple polling stations
(2) No later than three days before a polling
day, a returning officer may, with the prior
approval of the Chief Electoral Officer, establish
several polling stations for a polling division
if, because of the number of electors on
the list of electors for the polling division, the
returning officer believes it necessary for the
conduct of the vote, and each of those polling
stations is to be designated by the number of
the polling division to which is added the letter
A, B, C and so on.
Division of list
of electors
(3) The returning officer shall divide the
official list of electors for a polling division into
as many separate lists as are required for the
taking of the votes at each polling station.
Certificate of returning officer
(4) To each portion of the official list of electors
that is divided, the returning officer shall,
before sending the portion to the deputy returning
officer for the polling station, append a certificate
signed by the returning officer in the
prescribed form attesting to its correctness.
Level access
121. (1) Subject to subsection (2), a polling
station shall be in premises with level access.
Exception
(2) If a returning officer is unable to secure
suitable premises with level access for use
as a polling station, the returning officer may,
with the prior approval of the Chief Electoral
Officer, locate the polling station in premises
without level access.
Voting compartments
(3) Each polling station shall contain one or
two voting compartments arranged so that each
elector is screened from observation and may,
without interference or interruption, mark their
ballot.
Table or desk
(4) Each voting compartment shall be placed
on a hard and smooth surface and shall have
in it a suitable black lead pencil for the use of
electors in marking their ballots.
Polling station in adjacent polling division
122. (1) If a returning officer is unable to
secure suitable premises to be used as a polling
station within a polling division, the returning
officer may establish a polling station in
an adjacent polling division and all the provisions
of this Act apply as if the polling station
were within the polling division to which it
appertains.
Polling station in school or other public building
(2) Whenever possible, a returning
officer shall locate a polling station in a school or
other suitable public building and shall locate the
polling station or the polling stations in a central
polling place, at a place or places in the building
that will provide ease of access to electors.
Polling station in federal buildings
(3) A returning officer may require the officer
in charge of a building owned or occupied by
the Government of Canada to make premises in
that building available for use as a polling station,
and the officer to whom the requirement
is directed shall make every reasonable effort to
comply with the requirement.
Central polling place
123. (1) A returning officer may, if he or she
considers it advisable, place several polling stations
together in a central polling place.
Number of polling stations
(2) A returning officer shall not group
together more than 15 polling stations in a central
polling place without the prior approval of
the Chief Electoral Officer.
Presumption
(3) On the establishment of a central polling
place under subsection (1), all of the provisions
of this Act apply as if each polling station at the
central polling place were within the polling
division to which it appertains.
Appointments at central polling place
124. (1) When a returning officer establishes
a central polling place, the returning officer
may appoint, with the prior approval of the
Chief Electoral Officer,
(a) an information officer to provide information
to the electors; and
(b) a person responsible for maintaining
order.
Central poll supervisor
(2) When a returning officer establishes a
central polling place that contains four or more
polling stations, the returning officer may
appoint a central poll supervisor to attend at the
central polling place on polling day to supervise
proceedings and keep the returning officer
informed of any matter that adversely affects,
or is likely to adversely affect, the proceedings.
Mobile polling station
125. (1) When a polling division consisting
of two or more institutions is constituted under
subsection 538(5) of the Canada Elections Act,
the returning officer may establish a mobile
polling station to be located in each of those
institutions successively.
Voting hours for mobile polling station
(2) The returning officer shall set the times
during which a mobile polling station will
be located in the institutions referred to in
subsection (1).
Notice
(3) The returning officer shall give notice to
the agents referred to in subsection 10(1) of the
Referendum Act of the itinerary of the mobile
polling station in accordance with the instructions
of the Chief Electoral Officer.
Provisions applicable to mobile polls
(4) Subject to the instructions of the Chief
Electoral Officer, the provisions of this Act that
relate to ordinary polls shall, in so far as they
are applicable, apply to mobile polling stations.
Prohibitions
Prohibitions re ballots, etc.
126. No person shall
(a) forge a ballot;
(b) without authority under this Act, print a
ballot or what purports to be or is capable of
being used as a ballot at a referendum;
(c) being authorized under this Act to print
a ballot, knowingly print more ballot papers
than the person is authorized to print;
(d) print a ballot or what purports to be or is
capable of being used as a ballot at a referendum
with the intention of causing the reception
of a vote that should not have been cast
or the non-reception of a vote that should
have been cast; or
(e) manufacture, import into Canada, have in
possession, supply to a referendum officer, or
use for the purpose of a referendum, or cause
to be manufactured, imported into Canada,
provided to a referendum officer, or used for
the purposes of a referendum, a ballot box
that contains a compartment into which a
ballot may be secretly placed or a device by
which a ballot may be secretly altered.
Site Menu