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Regulation Adapting the Canada Elections Act for the Purposes of a Referendum

Part 11

Special Voting Rules

Interpretation and Application

Definitions
  • 177. The definitions in this section apply in this Part.
"administrative centre"
« centre administratif »
  • "administrative centre" means an area established under section 180 for the distribution of materials and the provision of information.
"application for registration and special ballot"
« demande d'inscription et de bulletin de vote spécial »
  • "application for registration and special ballot" means an application completed by an elector, other than a Canadian Forces elector, in order to vote under this Part.
"Canadian Forces elector"
« électeur des Forces canadiennes »
  • "Canadian Forces elector" means an elector who is entitled to vote under Division 2.
"commanding officer"
« commandant »
  • "commanding officer" means the commanding officer of a unit.
"coordinating officer"
« agent coordonnateur »
  • "coordinating officer" means the person so designated by the Minister of National Defence under subsection 199(1) or a person so designated by the minister responsible for corrections in a province under section 246.
"deputy returning officer"
« scrutateur »
  • "deputy returning officer" means an elector so designated in accordance with this Part by a commanding officer or returning officer.
"incarcerated elector"
« électeur incarcéré »
  • "incarcerated elector" means an elector who is incarcerated in a correctional institution.
"inner envelope"
« enveloppe intérieure »
  • "inner envelope" means an envelope that is supplied by the Chief Electoral Officer in which a ballot is to be enclosed after it has been marked.
"liaison officer"
« agent de liaison »
  • "liaison officer" means a Canadian Forces elector designated under section 201 or a person appointed under subsection 248(1).
"outer envelope"
« enveloppe extérieure »
  • "outer envelope" means an envelope that is supplied by the Chief Electoral Officer for the transmission of a ballot after it has been marked and enclosed in an inner envelope.
"special ballot"
« bulletin de vote spécial »
  • "special ballot" means a ballot that is supplied to an elector who is entitled to vote under this Part.
"special ballot officer"
« agent des bulletins de vote spéciaux »
  • "special ballot officer" means a person who is appointed by the Chief Electoral Officer under section 183 or 184.
"special voting rules administrator"
« administrateur des règles électorales spéciales »
  • "special voting rules administrator" means a person who is appointed under section 181 of the Canada Elections Act.
"statement of ordinary residence"
« déclaration de résidence habituelle »
  • "statement of ordinary residence" means a statement completed under section 194 or 195.
"unit"
« unité »
  • "unit" has the same meaning as in subsection 2(1) of the National Defence Act and includes a base or other element.
"voting territory"
« territoire de vote »
  • "voting territory" means an area that is established by or under section 180.
  • 178. Not applicable.
Instructions
  • 179. For the purpose of applying this Part to, or adapting any provision of this Part in respect of, a particular circumstance, the Chief Electoral Officer may issue any instructions that he or she considers necessary in order to execute its intent.

Division 1

Administration and General Procedures

Establishment of voting territories
  • 180. For the purpose of this Part, a voting territory with headquarters in Ottawa is hereby established. The Chief Electoral Officer may establish any additional voting territories or administrative centres in or outside Canada that he or she considers appropriate.
  • 181. Not applicable.
Duties of special voting rules administrator
  • 182. The special voting rules administrator shall
    • (a) secure suitable premises;
    • (b) retain the oath of office of each special ballot officer;
    • (c) obtain from the liaison officers the lists prepared under paragraph 204(1)(b);
    • (d) obtain from the liaison officers the lists of the names of deputy returning officers that the commanding officers are required to provide;
    • (e) distribute the referendum materials and the text of any referendum question;
    • (f) receive, validate, examine and sort the completed outer envelopes that contain special ballots marked by electors;
    • (g) proceed with the counting of the votes of electors; and
    • (h) communicate the results of the votes cast in accordance with this Part.
Special ballot officers
  • 183. (1) After the issue of the writs, the Chief Electoral Officer shall appoint a minimum of six special ballot officers as follows:
    • (a) three, on the recommendation of the Prime Minister or a person whom the Prime Minister designates in writing;
    • (b) two, on the recommendation of the Leader of the Opposition or a person whom that Leader designates in writing; and
    • (c) one, on the recommendation of the Leader of the registered party that has the third largest number of members in the House of Commons as of the last general election, or a person whom that Leader designates in writing.
Appointment of special ballot officers
  • (2) A special ballot officer shall be appointed in the prescribed form.
Appointment of additional special ballot officers
  • 184. (1) If the Chief Electoral Officer is of the opinion that the number of special ballot officers appointed under section 183 is insufficient, the Chief Electoral Officer shall appoint additional special ballot officers on recommendations that are, as nearly as possible, in accordance with subsection 183(1).
Decision of Chief Electoral Officer
  • (2) If the registered parties do not nominate the additional special ballot officers under subsection (1) within 24 hours after notification by the Chief Electoral Officer, the Chief Electoral Officer shall make the appointments from among individuals that he or she selects.
Merger of parties
  • 185. (1) In the case of a merger of two or more of the registered parties that are represented by the Prime Minister, the Leader of the Opposition or the Leader of the registered party that has the third largest number of members in the House of Commons as of the last general election, the person who may recommend special ballot officers under paragraph 183(1)(c) is the leader of the registered party with the largest number of members in the House of Commons as of the last general election among registered parties other than those three.
Decision of Chief Electoral Officer
  • (2) In the case of a merger referred to in subsection (1), if there is no registered party whose leader may nominate special ballot officers under paragraph 183(1)(c), the Chief Electoral Officer shall make the appointments from among individuals that he or she considers appropriate.
  • 186. Not applicable.
  • 187. Not applicable.
  • 188. Not applicable.
Distribution of referendum materials, etc.
  • 189. The special voting rules administrator shall distribute to commanding officers and, as the special voting rules administrator considers appropriate, to any other person or to any place
    • (a) without delay after the writs are issued, a sufficient quantity of referendum materials, including street indexes and guides to electoral districts for the purpose of determining in which electoral district an elector is entitled to vote;
    • (b) not applicable.


Federal Referendum Legislation – Contents