Regulation Adapting the Canada Elections Act for the Purposes of a Referendum
Division 4
Electors Residing in Canada
Definition of "elector"
231. For the purpose of this Division, "elector"
means an elector, other than a Canadian
Forces elector or an incarcerated elector, who
resides in Canada and who wishes to vote in
accordance with this Division.
Conditions for
voting by special
ballot
232. An elector may vote under this Division
if his or her application for registration and
special ballot is received after the issue of the
writs and before 6:00 p.m. on the 6th day before
polling day
(a) by a returning officer in an electoral district;
or
(b) by the special voting rules administrator.
Information
required for
application
233. (1) The application for registration and
special ballot shall be in the prescribed form
and shall include the following information:
(a) the elector's name and place of ordinary
residence;
(b) the elector's date of birth;
(c) satisfactory proof of the elector's identity
and residence;
(d) the elector's mailing address; and
(e) any other information that the Chief
Electoral Officer considers necessary to
determine the elector's entitlement to vote or
the electoral district in which he or she may
vote.
Electors in
danger
(1.1) An elector who would be under reasonable
apprehension of bodily harm if he or she
were to indicate the mailing address of his or
her dwelling place for the purpose of paragraph
(1)(d) may apply to the returning officer or special
voting rules administrator to use another
address for that purpose. The returning officer
or special voting rules administrator, unless he
or she considers that it would not be in the public
interest to do so, shall grant the application and shall not reveal that other address except as
required to send the special ballot to the elector.
For greater certainty, the granting of the application
does not change the elector's place of
ordinary residence for the purposes of this Act.
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
to implement agreements made under section
55 of the Canada Elections Act, but the elector is
not required to provide that information.
Information
provided
(3) An elector who makes an application for
registration and special ballot shall indicate
whether his or her name is already on a list of
electors and, if it is, in which electoral district.
Name of elector
previously
included on list
of electors
234. (1) The special voting rules administrator
shall inform the returning officer of any
elector whose name is on a list of electors for
the returning officer's electoral district and who
has received a special ballot from another electoral
district. The returning officer shall indicate
on the list of electors that the elector has
received a special ballot.
Name of elector
not previously
included on list
(2) If an elector's name is not already
included on a list of electors, the special voting
rules administrator shall so inform the returning
officer for the electoral district in which the
elector is to vote by special ballot. The returning
officer shall enter the elector's name on the
list of electors for the appropriate polling division
in that electoral district and shall indicate
that the elector has received a special ballot.
Vote by special
ballot only
235. Once an elector's application for registration
and special ballot has been accepted, the
elector may only vote under this Division.
Note on the list
of electors
236. If an elector applies for registration and
special ballot in his or her electoral district, the
returning officer shall, if necessary, add the
elector's name to the appropriate list of electors
and shall indicate on the list that the elector
has received a ballot in accordance with this
Division.
Provision of
special ballot
237. On acceptance of an elector's application
for registration and special ballot, the
elector shall be given a special ballot, an inner
envelope and an outer envelope.
Voting by
special ballot
238. An elector who has received a special
ballot under this Division may vote in accordance
with subsection 227(2).
Sending to Chief
Electoral Officer
239. (1) An elector who does not vote in his
or her electoral district shall send the sealed
outer envelope to the special voting rules
administrator
(a) by mail or any other means; or
(b) by delivering it to a Canadian Embassy,
High Commission or Consular Office, to a
Canadian Forces base outside Canada or to
any place that the Chief Electoral Officer
may designate.
Deadline for
receipt
(2) In order to have the special ballot counted,
an elector shall ensure that the ballot is received
(a) if the special ballot is cast in the elector's
electoral district, at the office of the returning
officer before the close of the polling stations
on polling day; or
(b) if the special ballot is cast outside the
elector's electoral district, at the office of the
special voting rules administrator in Ottawa,
not later than 6:00 p.m. on polling day.
Responsibilities
of elector
240. 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 as a vote.
241. Not applicable.
Spoiled ballot
242. (1) 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
referendum officer who shall mark it as spoiled
and give the elector another special ballot.
Limit
(2) An elector shall not be given more than
one special ballot under subsection (1).
Assistance
243. (1) When an elector personally goes to
the office of the returning officer and is unable
to read or because of a physical disability is
unable to vote in the manner described in this
Division, the designated referendum officer
shall assist the elector 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 ballot as directed by the elector
in his or her presence.
Note on outer
envelope
(2) A referendum officer who assists an elector
under subsection (1) shall indicate, by signing
the note on the outer envelope, that the
elector was assisted.
Registration,
voting at home
243.1 (1) On application of an elector who is
unable to read, or who is unable to vote in the
manner described in this Division because of
a physical disability, and who is unable to personally
go to the office of the returning officer
because of a physical disability, the designated
referendum officer shall go to the elector's dwelling
place and, in the presence of a witness who is
chosen by the elector, assist the elector by
(a) completing the declaration on the outer
envelope and writing the elector's name
where the elector's signature is to be written;
and
(b) marking the ballot as directed by the elector
in the elector's presence.
Note on outer
envelope
(2) The referendum officer and the witness
who assist an elector under subsection (1) shall
indicate, by signing the note on the outer envelope,
that the elector was assisted.
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