GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 128
Hours of voting 128 (1) The voting hours on polling day are (a) from 8:30 a.m. to 8:30 p.m., if the electoral district is in the Newfoundland, Atlantic or Central time zone; (b) from 9:30 a.m. to 9:30 p.m., if the electoral district is in the Eastern time zone; (c) from 7:30 a.m. to 7:30 p.m., if the electoral district is in the Mountain time zone; and (d) from 7:00 a.m. to 7:00 p.m., if the electoral district is in the Pacific time zone. Exception — Saskatchewan (2) Despite subsection (1), if polling day is during a time of the year when the rest of the country is observing daylight saving time, the voting hours in Saskatchewan are (a) in the case of an electoral district in the Central time zone, from 7:30 a.m. to 7:30 p.m.; and (b) in the case of an electoral district in the Mountain time zone, from 7:00 a.m. to 7:00 p.m.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 129
Daylight-saving time 129 The Chief Electoral Officer may, if he or she considers it necessary, set the voting hours for the electoral district so that the opening and closing of its polls coincide with the opening and closing of the polls in other electoral districts in the same time zone.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 130
When polls lie in two time zones 130 When more than one local time is observed in an electoral district, the returning officer shall, with the prior approval of the Chief Electoral Officer, determine one local time to be observed for every operation prescribed by this Act or the Referendum Act , and shall publish the hours in the Notice of Referendum referred to in section 62.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 131
Hours for voting 131 If a referendum is held only in one or more provinces in the same time zone, the hours of voting are from 8:30 a.m. to 8:30 p.m.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 132
Consecutive hours for voting 132 (1) Every employee who is an elector is entitled, during voting hours on polling day, to have three consecutive hours for the purpose of casting his or her vote and, if his or her hours of work do not allow for those three consecutive hours, his or her employer shall allow the time for voting that is necessary to provide those three consecutive hours. Time at convenience of employer (2) The time that the employer shall allow for voting under subsection (1) is at the convenience of the employer. Transportation companies (3) This section and section 133 do not apply to an employee of a company that transports goods or passengers by land, air or water who is employed outside his or her polling division in the operation of a means of transportation, if the additional time referred to in subsection (1) cannot be allowed without interfering with the transportation service.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 133
No penalty for absence from work to vote 133 (1) No employer may make a deduction from the pay of an employee, or impose a penalty, for the time that the employer shall allow for voting under subsection 132(1). Hourly, piece-work or other basis of employment (2) An employer who pays an employee less than the amount that the employee would have earned on polling day, had the employee continued to work during the time referred to in subsection 132(2) that the employer allowed for voting, is deemed to have made a deduction from the pay of the employee, regardless of the basis on which the employee is paid.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 134
Prohibition 134 No employer shall, by intimidation, undue influence or by any other means, interfere with the granting to an elector in their employ of the three consecutive hours for voting, as provided for in section 132.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 135
Who may be present at polling station 135 (1) The only persons who may be present at a polling station on polling day are (a) the deputy returning officer and the poll clerk; (b) the returning officer and his or her representatives; (c) not applicable; (d) an agent of each registered referendum committee or a maximum of two witnesses, as the case may be; (e) an elector and a friend or relative who is helping him or her by virtue of subsection 155(1), only for the period necessary to enable the elector to vote; and (f) any observer or member of the Chief Electoral Officer’s staff whom he or she authorizes to be present. Delivery of agent’s or witness’s authorization (2) When an agent of a registered referendum committee or a witness is admitted to a polling station, his or her written authorization in the prescribed form shall be delivered to the deputy returning officer. Agent or witness authorized in writing (3) An agent of a registered referendum committee or a witness bearing a written authorization referred to in subsection (2) is deemed to be an agent of that committee or a witness within the meaning of this Act and the Referendum Act and is entitled to represent that committee in preference to, and to the exclusion of, any elector who might otherwise claim the right to represent that committee. Oath of secrecy (4) Each agent of a registered referendum committee or witness described in paragraph (1)(d), on being admitted to the polling station, shall take an oath in the prescribed form.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 136
136 (1) Not applicable. Agents or witnesses may absent themselves from poll (2) The agents of registered referendum committees and witnesses described in paragraph 135(1)(d) may leave a polling station at any time and return at any time before the counting of the votes begins and are not required to produce new written authorizations or to take another oath. Examination of list of electors and conveying information (3) An agent of a registered referendum committee or a witness may, during voting hours, (a) examine the list of electors, provided that the agent or witness does not delay an elector in casting his or her vote; and (b) convey any information obtained by the examination referred to in paragraph (a) to any agent of the registered referendum committee who is on duty outside the polling station. Communications device (4) An agent of a registered referendum committee or a witness shall not use a communications device at a polling station during voting hours.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 137
137 (1) Not applicable. Non-attendance of agents or witnesses (2) The non-attendance of any agent of a registered referendum committee or witness at any time or place authorized by this Act or the Referendum Act does not in any way invalidate any act or thing done during the absence of the representative if the act or thing is otherwise duly done.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 138
Initialling ballots 138 (1) Before a polling station opens on polling day, and in full view of the agents of registered referendum committees or witnesses who are present at the polling station, the deputy returning officer shall initial the back of every ballot, entirely in ink or entirely in black pencil so that when the ballot is folded the initials can be seen. The initials shall be as similar as possible on each ballot. Ballots not to be detached (2) For the purpose of initialling, the ballots shall not be detached from the books in which they are contained. Vote not to be delayed (3) The opening of a polling station shall not be delayed for the purpose of initialling the ballots. Ballots that are not initialled when the polling station opens shall be initialled as soon as possible and in all cases before being handed to electors.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 139
Counting of ballots before opening of poll 139 Agents of registered referendum committees or witnesses who are in attendance at least 15 minutes before a polling station opens are entitled to have the ballots intended to be used at the polling station carefully counted in their presence and to inspect the ballots and all other documents relating to the vote.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 140
Examining and sealing ballot box 140 When the polling station opens, the deputy returning officer shall, in full view of the agents of registered referendum committees or witnesses who are present, open the ballot box and ascertain that it is empty, and shall (a) seal the ballot box with the seals provided by the Chief Electoral Officer; and (b) place the ballot box on a table in full view of all present and ensure that the box remains there until the polling station closes.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 141
Calling electors 141 Immediately after the ballot box is sealed, the deputy returning officer shall call on the electors to vote.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 142
Electors not to be impeded 142 (1) The deputy returning officer shall ensure that every elector is admitted into the polling station and that the electors are not disturbed when they are in or near the polling station. One elector at a time (2) A deputy returning officer may, if he or she considers it advisable, direct that not more than one elector for each voting compartment may at any time enter the room where the voting is held.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 143.1
Requirement before administering oath 143.1 If a person decides to prove his or her identity and residence by taking the prescribed oath, the person who administers the oath shall, before doing so, orally advise the oath taker of the qualifications for electors and the penalty that may be imposed under this Act on a person who is convicted of voting or attempting to vote at a referendum knowing that he or she is not qualified as an elector.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 144
Proof of qualification as elector 144 A deputy returning officer, poll clerk, agent of a referendum committee or witness who has reasonable doubts concerning whether a person intending to vote is qualified as an elector may request that the person take the prescribed oath, and the person shall not be allowed to vote unless he or she takes that oath.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 144.1
Proof of identity, etc., or oath not required 144.1 Once an elector has been given a ballot, no person shall require the elector to prove his or her identity and residence in accordance with subsection 143(2) or (3).
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 146
Name and address corresponding closely to another 146 If a name and address in the list of electors correspond so closely with the name and address of a person who demands a ballot as to suggest that it is intended to refer to that person, the person shall not be allowed to vote unless he or she takes the prescribed oath.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 147
Person in whose name another has voted 147 If a person asks for a ballot at a polling station after someone else has voted under that person’s name, the person shall not be allowed to vote unless he or she takes the prescribed oath.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 148
Name inadvertently crossed off list 148 If an elector claims that his or her name has been crossed off in error from an official list of electors under subsection 176(2) or (3), the elector shall not be allowed to vote unless the returning officer verifies that the elector’s name was crossed off in error or the elector takes the oath referred to in section 147.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 148.1
Failure to prove identity or residence 148.1 (1) An elector who fails to prove his or her identity and residence in accordance with subsection 143(2) or (3) or to take an oath otherwise required by this Act shall not receive a ballot or be allowed to vote. When elector refuses to take improper oath (2) If an elector refuses to take an oath because he or she is not required to do so under this Act, the elector may appeal to the returning officer. If, after consultation with the deputy returning officer or the poll clerk of the polling station, the returning officer decides that the elector is not required to take the oath, and if the elector is entitled to vote in the polling division, the returning officer shall direct that he or she be allowed to do so.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 149
Elector not allowed to vote 149 An elector whose name does not appear on the official list of electors in his or her polling station shall not be allowed to vote unless (a) the elector gives the deputy returning officer a transfer certificate described in section 158 or 159 and, for a certificate described in subsection 158(2), fulfils the conditions described in subsection 158(3); (b) the deputy returning officer ascertains with the returning officer that the elector is listed on the preliminary list of electors or was registered during the revision period; or (c) the elector gives the deputy returning officer a registration certificate described in subsection 161(4).
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 150
Delivery of ballot to elector 150 (1) Every elector who is admitted to vote shall be given a ballot by the deputy returning officer. Instructions to elector on receiving ballot (2) The deputy returning officer shall explain to each elector how to indicate his or her choice and fold the ballot so that its serial number and the initials of the deputy returning officer are visible and shall direct the elector to return the marked and folded ballot.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 151
Manner of voting 151 (1) An elector shall, after receiving a ballot, (a) proceed directly to the voting compartment; (b) mark the ballot with a cross or other mark in the circular space opposite the word “yes” or “no” according to his or her choice; (c) fold the ballot as instructed by the deputy returning officer; and (d) return the ballot to the deputy returning officer. Return of ballot (2) The deputy returning officer shall, on receiving the ballot from the elector, (a) without unfolding the ballot, verify that it is the same one that was handed to the elector by examining its serial number and the initials on it; (b) remove and destroy the counterfoil in full view of the elector and all other persons present; and (c) return the ballot to the elector to deposit in the ballot box or, at the elector’s request, deposit it in the ballot box.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 152
Spoiled ballot 152 (1) If an elector has inadvertently handled a 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 a spoiled ballot, place it in the envelope supplied for the purpose and give the elector another ballot. Limit (2) An elector shall not be given more than one ballot under subsection (1).
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 153
No delay in voting 153 (1) Every elector shall vote without delay and leave the polling station as soon as his or her ballot has been put into the ballot box. Electors present at close of voting hours allowed to vote (2) An elector who is entitled to vote at a polling station and who is in the polling station or in line at the door at the close of voting hours shall be allowed to vote.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 154
Assistance by deputy returning officer 154 (1) The deputy returning officer, on request by an elector who is unable to vote in the manner prescribed by this Act because he or she cannot read or has a physical disability, shall assist the elector in the presence of the poll clerk. Template (2) The deputy returning officer shall, on request, provide a template to an elector who has a visual impairment to assist him or her in marking his or her ballot.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 155
Assistance by friend or related person 155 (1) If an elector requires assistance to vote, a friend, the spouse, the common-law partner or a relative of the elector or a relative of the elector’s spouse or common-law partner may accompany the elector into the voting compartment and assist the elector to mark his or her ballot. Exception (2) No person shall as a friend assist more than one elector for the purpose of marking a ballot. Oath (3) A person described in subsection (1) who wishes to assist an elector in marking a ballot shall first take an oath, in the prescribed form, that he or she (a) will mark the ballot in the manner directed by the elector; (b) will not disclose the answer to a referendum question for which the elector voted; (c) will not try to influence the elector in choosing an answer to a referendum question; and (d) has not, during the current referendum, assisted another person, as a friend, to mark a ballot. Prohibition — failure to maintain secrecy (4) No person who assists an elector under this section shall, directly or indirectly, disclose the answer to a referendum question for which the elector voted.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 156
Use of interpreter 156 A deputy returning officer may appoint and swear a language or sign language interpreter to assist the officer in communicating to an elector any information that is necessary to enable him or her to vote.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 157
Elector who is confined to bed 157 (1) At a polling station that has been established in a home for the aged or in a chronic care facility, when the deputy returning officer considers it necessary, the deputy returning officer and the poll clerk shall (a) suspend temporarily the voting in the polling station; and (b) with the approval of the person in charge of the institution, carry the ballot box, ballots and other necessary referendum documents from room to room in the institution to take the votes of electors who are confined to bed and ordinarily resident in the polling division in which the institution is situated. Procedure for taking the votes (2) When the vote of an elector who is confined to bed is taken, the deputy returning officer shall give the elector the assistance necessary to enable the elector to vote.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 158
158 (1) Not applicable. Transfer certificate for referendum officer (2) A returning officer or an assistant returning officer shall issue a transfer certificate to any person whose name appears on the official list of electors for a polling station and who has been appointed, after the last day of advance polls, to act as a referendum officer for another polling station. Condition (3) A transfer certificate issued under subsection (2) authorizes the person to vote at the polling station named in it only if, on polling day, the person performs the duty specified in the certificate at the place mentioned in the certificate. Transfer certificate for elector whose polling station has moved (4) If an elector’s polling station moves to another location after the notice of confirmation of registration has been sent, an elector who attends at the polling station set out in the notice is entitled on request to receive a transfer certificate to vote at that polling station.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 159
Transfer certificate for elector with a disability 159 (1) An elector who is in a wheelchair or who has a physical disability, and who is unable to vote without difficulty in his or her polling division because it does not have a polling station with level access, may apply for a transfer certificate to vote at another polling station with level access in the same electoral district. Application requirements (2) The application shall be in the prescribed form and shall be personally delivered to the returning officer or assistant returning officer for the elector’s electoral district by the elector, his or her friend, spouse, common-law partner or relative, or a relative of his or her spouse or common-law partner. Issue of transfer certificate to disabled elector (3) The returning officer or assistant returning officer shall issue a transfer certificate in the prescribed form, and hand the certificate to the person who delivered the application to the officer, if the officer is satisfied that (a) the elector’s name appears on a list of electors for the electoral district; and (b) the polling station established for the polling division in which the elector resides does not have level access.
Regulation Adapting the Canada Elections Act for the Purposes of a Referendum — 160
Signing, numbering and recording transfer certificate 160 The returning officer or assistant returning officer by whom a transfer certificate is issued shall (a) fill in and sign the certificate and mention on it the date of its issue; (b) consecutively number the certificate in the order of its issue; (c) keep a record of the certificate in the order of its issue on the prescribed form; (d) not issue the certificate in blank; and (e) if possible, send a copy of the certificate to the deputy returning officer for the polling station on whose list of electors the name of the person to whom the certificate has been issued appears.