Regulation Adapting the Canada Elections Act for the Purposes of a Referendum
Division 2
Canadian Forces Electors
Definitions
Definitions
190. The definitions in this section apply in
this Division.
"elector" « électeur »
"elector" means a person who is a Canadian
Forces elector under section 191.
"voting period" « période de scrutin »
"voting period" means the period beginning 14
days before polling day and ending 9 days
before polling day.
Voting Entitlement and Electoral Districts
Canadian Forces
electors
191. Any of the following persons is a
Canadian Forces elector if he or she is qualified
as an elector under section 3 and is not disentitled
from voting at a referendum under section 4:
(a) a member of the regular force of the
Canadian Forces;
(b) a member of the reserve force of the
Canadian Forces on full-time training or service
or on active service;
(c) a member of the special force of the
Canadian Forces; and
(d) a person who is employed outside Canada
by the Canadian Forces as a teacher in, or as
a member of the administrative support staff
for, a Canadian Forces school.
Voting limited to electoral district of ordinary residence
192. An elector is only entitled to vote under
this Division in respect of the electoral district
that includes the place of ordinary residence
that the elector has named in his or her statement
of ordinary residence.
Voting in actual place of ordinary residence
193. An elector who has not voted under this
Division may vote at the polling station established
for the polling division of the elector's
place of ordinary residence named in section
192 but only if he or she ordinarily resides in
the electoral district referred to in that section
as of polling day.
Statement of Ordinary Residence
Completion on
enrolment, etc.
194. (1) In order to vote under this Division,
a person shall, without delay after becoming an
elector described in paragraph 191(a), (c) or (d)
by virtue of his or her being enrolled in or hired
by the Canadian Forces, complete a statement
of ordinary residence in the prescribed form
that indicates
(a) his or her surname, given names, sex and
rank;
(b) his or her date of birth;
(c) the civic address of his or her place of
ordinary residence in Canada immediately
before the enrolment or hiring; and
(d) his or her current mailing address.
Completion on becoming ordinarily resident
(2) A person who cannot complete a statement
of ordinary residence under subsection
(1) because he or she did not have a place of
ordinary residence in Canada when enrolled
in or hired by the Canadian Forces shall, without
delay after being able to indicate a place
referred to in paragraph (4)(a) or (b) as his or
her place of ordinary residence, complete a
statement of ordinary residence in accordance
with subsection (1), indicating that place as his
or her place of ordinary residence.
Members of Canadian Forces not entitled to vote
(3) A person who was not qualified as
an elector when enrolled in or hired by the
Canadian Forces shall, without delay after
becoming qualified, complete a statement of
ordinary residence in accordance with subsection
(1) that indicates a place of ordinary residence
described in subsection (4).
Change of ordinary residence, etc.
(4) An elector may amend the information in
his or her statement of ordinary residence and
may indicate as a place of ordinary residence
the civic address of
(a) the place of ordinary residence of the
spouse, the common-law partner, a relative or
a dependant of the eligible elector, a relative
of his or her spouse or common-law partner
or a person with whom the elector would live
but for his or her being enrolled in or hired
by the Canadian Forces;
(b) the place where the member is residing by
reason of his or her performance of services
as a member of the Canadian Forces; or
(c) the elector's place of ordinary residence
immediately before being enrolled in or hired
by the Canadian Forces.
When no statement completed
(5) An elector described in subsection (1),
(2) or (3) who has not completed a statement of
ordinary residence in accordance with subsection
(1) may do so at any time.
Coming into force of amendments
(6) An amendment to a statement of ordinary
residence takes effect
(a) if it is made during a referendum period,
14 days after polling day; and
(b) if it is made at any other time, 60 days
after the commanding officer of the elector's
unit receives it.
Optional information
(7) In addition to the information specified in
subsection (1), the Chief Electoral Officer may
invite the elector to provide other information that
the Chief Electoral Officer considers necessary to
implement agreements made under section 55 of
the Canada Elections Act, but the elector is not
required to provide that information.
Completion by reserve member not on active service
195. (1) A member of the reserve force of the
Canadian Forces who is not on active service
and who, at any time during the period beginning
on the issue of the writs and ending on the
Saturday immediately before polling day, is
on full-time training or service, shall complete
a statement of ordinary residence in the prescribed
form that indicates
(a) the member's surname, given names, sex
and rank;
(b) the member's date of birth;
(c) the civic address of the member's place
of ordinary residence in Canada immediately
before that full-time training or service
began; and
(d) the member's current mailing address.
Completion by reserve member on active service
(2) Every member of the reserve force of the
Canadian Forces who is placed on active service,
other than a member who immediately
before being placed on active service was on
full-time training or service and completed a
statement of ordinary residence in accordance
with subsection (1) after that full-time training
or service began, shall complete a statement of
ordinary residence in the same form as in subsection
(1) that indicates
(a) the member's surname, given names, sex
and rank;
(b) the member's date of birth;
(c) the civic address of the member's place
of ordinary residence in Canada immediately
before the member was placed on active service;
and
(d) the member's current mailing address.
Members of reserve force not entitled to vote
(3) A member of the reserve force of the
Canadian Forces referred to in subsection (1) or
(2) who was not qualified as an elector while on
full-time training or service shall, without delay
after becoming qualified, complete a statement
of ordinary residence in accordance with subsection
(1) or (2), as the case may be, that indicates
a place of ordinary residence described in
subsection (4).
Change of ordinary residence, etc.
(4) An elector may amend the information in
his or her statement of ordinary residence and
may indicate as a place of ordinary residence
the civic address of
(a) the place of ordinary residence of a person
with whom the elector would live but for his
or her being on training or service or a person
designated by the elector as next of kin;
(b) the place where the elector is residing
by reason of his or her being on training or
service; or
(c) the elector's place of ordinary residence
immediately before being on training or service.
When no statement completed
(5) An elector described in subsection (1),
(2) or (3) who has not completed a statement of
ordinary residence in accordance with subsection
(1) or (2), as the case may be, may do so at
any time.
Coming
into force of
amendments
(6) An amendment to a statement of ordinary
residence takes effect
(a) if it is made during a referendum period,
14 days after polling day; and
(b) if it is made at any other time, 60 days
after the commanding officer of the elector's
unit receives it.
Optional
information
(7) In addition to the information specified in
subsection (1), the Chief Electoral Officer may
invite the member to provide other information
that the Chief Electoral Officer considers necessary
to implement agreements made under section
55 of the Canada Elections Act, but the member
is not required to provide that information.
Statement to be
sent to Chief
Electoral Officer
196. (1) The original of a statement of ordinary
residence of an elector, other than a statement
completed under section 195, shall be sent
to the Chief Electoral Officer and a copy of that
original shall be kept in the unit in which the
elector is serving.
Validation
(2) On receiving the statement of ordinary
residence, the Chief Electoral Officer shall
(a) validate it by indicating on it the name of
the electoral district that includes the place of
ordinary residence shown in the statement; and
(b) return it to the commanding officer of the
unit in which the elector is serving.
Retention
of validated
statement
(3) On receiving the statement of ordinary
residence, the commanding officer shall destroy
the copy kept under subsection (1) and keep the
validated original with the elector's unit service
documents.
Prior statements
to be destroyed
(4) On receiving the validated statement of
ordinary residence, the commanding officer
may destroy any other original or copy of a
statement of ordinary residence that was filed
with the elector's unit service documents.
Filing of
reservists'
statements
197. A statement of ordinary residence completed
by a member of the reserve force of the
Canadian Forces under section 195 shall be
filed with the unit in which the member is on
full-time training or service or active service, as
the case may be.
Retention of
statements
198. Statements of ordinary residence shall
be retained for a period of one year after a
person ceases to be entitled to vote under this
Division and may be destroyed at the end of
that period.
Coordinating Officer
Designation
199. (1) The Minister of National Defence
shall designate a person as a coordinating officer
to work, during and between referendums,
with the Chief Electoral Officer in carrying out
the purposes and provisions of this Division.
Duties
(2) The coordinating officer shall, on request,
provide to the Chief Electoral Officer the following
information relating to each elector:
(a) the elector's surname, given names, sex
and rank;
(b) the elector's date of birth;
(c) the civic address of the elector's place of
ordinary residence indicated on any validated
statement of ordinary residence; and
(d) the elector's current mailing address.
Steps to Prepare for Vote
Duties of Chief
Electoral Officer
200. Without delay after the issue of the
writs, the Chief Electoral Officer shall inform
the Minister of National Defence and the coordinating
officer of their issue and of the location
of voting territories and administrative centres.
Duties of
Minister of
National
Defence
201. On being informed of the issue of the
writs, the Minister of National Defence shall
designate one or more electors to act as liaison
officers for the vote.
Duties of
coordinating
officer
202. On being informed of the issue of the
writs, the coordinating officer shall
(a) inform each commanding officer of their
issue; and
(b) inform the Chief Electoral Officer of the
name and address of each liaison officer.
Duty of liaison
officers to
communicate
with unit
203. (1) On being designated, a liaison officer
shall communicate with each commanding
officer in respect of whose unit the liaison officer
has liaison duties, with respect to any matter
that relates to the vote.
Duty to
cooperate with
Chief Electoral
Officer
(2) A liaison officer shall cooperate with the
Chief Electoral Officer in the administration of
the vote.
Duties of Commanding Officers
Notice
204. (1) On being informed of the issue of
the writs, each commanding officer shall
(a) publish a notice as a part of unit orders;
and
(b) prepare a list of the names of the electors
of his or her unit.
Contents
of notice
(2) The notice shall notify electors that a referendum
has been called and of the date of polling
day and shall inform the electors that
(a) they may vote in accordance with this
Division; and
(b) the commanding officer will designate
one or more deputy returning officers to collect
their votes and fix the voting times during
the voting period.
Contents of list
(3) The list shall be arranged alphabetically
and shall indicate each elector's surname, given
names, sex and rank, and
(a) if the elector's statement of ordinary residence
has been validated, the name of the
elector's electoral district; or
(b) if the elector's statement of ordinary residence
has not been validated, the place of
ordinary residence as indicated in the statement
of ordinary residence.
Duties of
commanding
officer
205. (1) Within seven days after being
informed of the issue of the writs, each commanding
officer shall
(a) establish polling stations;
(b) designate an elector as the deputy returning
officer for each polling station;
(c) through a liaison officer, provide the Chief
Electoral Officer with a list of the designated
deputy returning officers and their ranks, and
sufficient copies of the list of electors for the
unit; and
(d) provide the designated deputy returning
officers with a copy of the list of electors for
the unit.
Facilities
(2) Each commanding officer shall provide
the facilities that are necessary to enable
the electors to vote in accordance with this
Division.
Voting times
(3) Each commanding officer shall fix the
voting times so that the polling stations in his or
her unit are open for at least three hours a day
on at least three days during the voting period.
Mobile polling
station
206. (1) A commanding officer may establish
a mobile polling station in any area for
the purpose of collecting the votes of electors
who cannot conveniently reach polling stations
established at their unit.
Opening period
(2) A mobile polling station shall remain in
an area and be open for the collection of votes
for the days and hours during the voting period
that the commanding officer considers necessary
to give electors in the area a reasonable
opportunity to vote.
Joint polling
stations
207. The commanding officers of units that
are in the same locality may establish one polling
station for all electors in their units, if the
commanding officers consider that it would be
expedient for the purposes of this Division.
Notice of polling
stations and
voting times
208. During each of three or more days
before the voting period and on each day on
which the vote is held, each commanding officer
shall publish in his or her unit's orders and
put in a conspicuous place a notice that states
(a) the days on which the electors may vote;
(b) the precise location of, and the voting
hours at, each polling station, other than a
mobile polling station; and
(c) in the case of a mobile polling station, its
location and the anticipated period during
which it is to remain at that location.
Referendum
materials
209. On receiving referendum materials
and the text of any referendum question, each
commanding officer shall
(a) distribute the materials in sufficient quantities
to the designated deputy returning officers;
and
(b) post copies of the text in conspicuous places.
Voting
Duties of deputy
returning officer
210. During the voting period, a deputy
returning officer for a unit shall, at each polling
station,
(a) put in conspicuous places two or more
copies of voting instructions provided by the
Chief Electoral Officer and relating to the
vote under this Division in the prescribed
form; and
(b) keep available for consultation by the
electors one copy of this Part, one set of street
indexes, and one guide to electoral districts.
211. Not applicable.
Completion
of certain
documents
212. Before delivering a special ballot to an
elector, a deputy returning officer shall require
the elector to complete a statement of ordinary
residence, if none has been placed in the elector's
unit service documents, and to make and
sign the declaration on the outer envelope.
Provision of
special ballot,
etc.
213. (1) A deputy returning officer shall, on
completion of the documents referred to in section
212, give the elector a special ballot, an
inner envelope and the outer envelope signed
by the elector.
Voting on
special ballot
(2) The elector shall vote by marking a cross
or other mark in the circular space provided
opposite the word "yes" or "no" on the special
ballot, in private, folding the special ballot and,
in the presence of the deputy returning officer,
(a) placing the folded special ballot in the
inner envelope and sealing the envelope; and
(b) placing the inner envelope in the outer
envelope and sealing the outer envelope.
(3) Not applicable.
Spoiled special
ballot
(4) If an elector has inadvertently handled
a special ballot in such a manner that it cannot
be used, the elector shall return it to the deputy
returning officer who shall mark it as spoiled and
give an additional special ballot to the elector.
Limit
(5) An elector shall not be given more than
one special ballot under subsection (4).
Return of vote — information
214. (1) The deputy returning officer shall
inform an elector that, in order to be counted,
the outer envelope must be received by the special
voting rules administrator in Ottawa not
later than 6:00 p.m. on polling day. The deputy
returning officer shall inform the elector of the
location of the nearest post office or mail box
and of the service provided by the Canadian
Forces to deliver the outer envelope.
Sending the
outer envelope
(2) If the elector does not use the delivery
service provided by the Canadian Forces, it is
the elector's responsibility to ensure that the
outer envelope is sent to the special voting rules
administrator.
Postage
(3) If the elector chooses to use a postal service,
the deputy returning officer must ensure
that sufficient postage is affixed to the outer
envelope.
Voting by deputy
returning officer
215. A deputy returning officer who is qualified
to vote may vote in accordance with this Division.
Assistance
216. (1) If an elector is, because of a physical
disability, unable to vote in the manner
described in this Division, the deputy returning
officer shall assist him or her by
(a) completing the declaration on the outer
envelope and writing the elector's name where
his or her signature is to be written; and
(b) marking the special ballot as directed by
the elector in his or her presence and in the
presence of another elector selected by the
elector as a witness.
Note and
keeping vote
secret
(2) The deputy returning officer and an elector
acting as a witness shall
(a) sign a note on the outer envelope indicating
that the elector was assisted; and
(b) keep secret the answer to any referendum
question for which the elector voted.
Hospitalized or
convalescing
elector
217. (1) An elector who is a patient in a service
hospital or convalescent institution during
the voting times fixed for the polling stations in
his or her unit is deemed to be a member of the
unit under the command of the officer in charge
of the hospital or institution.
Deputy returning
officer for
hospitalized
electors
(2) If no deputy returning officer has been
designated for a service hospital or convalescent
institution, the deputy returning officer for the
unit to which the hospital or institution belongs
is the deputy returning officer for electors who
are patients in the hospital or institution.
Bed-ridden
electors
(3) A deputy returning officer for electors
who are patients in a service hospital or convalescent
institution may, if that officer considers
it advisable and the commanding officer for the
unit approves, go from room to room to administer
and collect the votes of electors who are
confined to bed.
Duty, leave or
furlough
218. An elector who provides satisfactory
evidence of their absence from their unit during
the voting times fixed for the polling stations
in his or her unit because of duty, leave or furlough
may apply to a deputy returning officer
of another unit to vote at that officer's polling
station.
End of voting
period —
delivery of
documents
219. (1) At the end of the voting period, the
deputy returning officer for a unit shall deliver
to the unit's commanding officer
(a) the outer envelopes that contain the
marked special ballots;
(b) any unused or spoiled outer envelopes;
(c) any unused or spoiled special ballots and
unused inner envelopes; and
(d) in a separate and clearly identified parcel,
every statement of ordinary residence completed
at the time of voting.
Duties of
commanding
officer
(2) On receipt of the documents referred to in
subsection (1), the commanding officer shall
(a) deal with the originals and copies of the
statements of ordinary residence in accordance
with this Division; and
(b) deliver to the Chief Electoral Officer all
other documents and referendum materials
received from the deputy returning officers.