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Special Voting Rules as Adapted for the Purposes of a By-election

Division 3

Electors Temporarily Resident outside Canada

Definitions

220. The definitions in this section apply in this Division.

"elector"
« électeur »

"elector" means an elector, other than a Canadian Forces elector, who resides temporarily outside Canada.

"register"
« registre »

"register" means the register referred to in subsection 222(1).

Inclusion in register of electors temporarily resident outside Canada

221. An elector may vote under this Division at a by-election if his or her application for registration and special ballot is received in Ottawa by 6:00 p.m. on the 6th day before polling day and his or her name is entered on the register.

Register of electors

222. (1) The Chief Electoral Officer shall maintain a register of electors who are temporarily resident outside Canada in which is entered the name, date of birth, civic and mailing addresses, sex and electoral district of each elector who has filed an application for registration and special ballot and who

  • (a) at any time before making the application, resided in Canada;
  • (b) has been residing outside Canada for less than five consecutive years immediately before making the application; and
  • (c) intends to return to Canada to resume residence in the future.

Exception

(2) Paragraph (1)(b) does not apply to an elector who is

  • (a) employed outside Canada in the federal public administration or the public service of a province;
  • (b) employed outside Canada by an international organization of which Canada is a member and to which Canada contributes;
  • (c) a person who lives with an elector referred to in paragraph (a) or (b); or
  • (d) a person who lives with a member of the Canadian Forces or with a person referred to in paragraph 191(d).

S.C. 2003, c. 22, s. 103.

Inclusion in register

223. (1) An application for registration and special ballot may be made by an elector. It shall be in the prescribed form and shall include

  • (a) satisfactory proof of the elector's identity;
  • (b) if paragraph 222(1)(b) does not apply in respect of the elector, proof of the applicability of an exception set out in subsection 222(2);
  • (c) the elector's date of birth;
  • (d) the date the elector left Canada;
  • (e) the address of the elector’s last place of ordinary residence in Canada before he or she left Canada or the address of the place of ordinary residence in Canada of the spouse, the common-law partner or a relative of the elector, a relative of the elector’s spouse or common-law partner, a person in relation to whom the elector is a dependant or a person with whom the elector would live but for his or her residing temporarily outside Canada;
  • (f) the date on which the elector intends to resume residence in Canada;
  • (g) the elector's mailing address outside Canada; and
  • (h) any other information that the Chief Electoral Officer considers necessary to determine the elector's entitlement to vote.

Optional information

(2) In addition to the information specified in subsection (1), the Chief Electoral Officer may request that the elector provide other information that the Chief Electoral Officer considers necessary for implementing agreements made under section 55 of the Act, but the elector is not required to provide that information.

S.C. 2000, c. 12, s. 40.

Prohibition – change of address

224. The address chosen as the place of ordinary residence in Canada in the application for registration and special ballot cannot be changed after the elector's name is entered in the register.

Information to be provided

225. The Chief Electoral Officer may require an elector whose name appears in the register to provide, within the time fixed by the Chief Electoral Officer, any information that is necessary to update the register.

Deletion of names from register

226. The Chief Electoral Officer shall delete from the register the name of an elector who

  • (a) does not provide the information referred to in section 225 within the time fixed by the Chief Electoral Officer;
  • (b) makes a signed request to the Chief Electoral Officer to have his or her name deleted from the register;
  • (c) has died and concerning whom a request has been received to have the elector's name deleted from the register, to which request is attached a death certificate or other documentary evidence of the death;
  • (d) returns to Canada to reside;
  • (e) cannot be contacted; or
  • (f) except for an elector to whom any of paragraphs 222(2)(a) to (d) applies, has resided outside Canada for five consecutive years or more.

Sending of special ballot and envelopes

227. (1) After approving an application for registration and special ballot and after the issue of the writ for a by-election in an electoral district, the Chief Electoral Officer shall send a special ballot, an inner envelope and an outer envelope to every elector whose name is entered in the register, at the address referred to in paragraph 223(1)(g).

Voting by special ballot

(2) An elector shall vote by special ballot by

  • (a) writing the name of the candidate of his or her choice on the ballot;
  • (b) placing the ballot in the inner envelope and sealing it;
  • (c) placing the inner envelope in the outer envelope; and
  • (d) signing the declaration on the outer envelope and sealing it.

Writing candidate's name

(3) The candidate shall be indicated on a special ballot by writing the candidate's given name or initials and surname. If two or more candidates have the same name, their political affiliation shall be indicated.

Sending of outer envelope

228. An elector shall send the sealed outer envelope to the Chief Electoral Officer

  • (a) by mail or any other means;
  • (b) not applicable.

Deadline for return of vote

229. The special ballot must arrive at the office of the Chief Electoral Officer in Ottawa not later than 6:00 p.m. on polling day in order to be counted.

Responsibilities of elector

230. For the purpose of this Division, an elector has the sole responsibility to ensure that

  • (a) his or her application for registration and special ballot is made within the period specified; and
  • (b) his or her special ballot is received within the period specified to be counted.