GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Elections Act — E-2.01 121
Accessibility 121 (1) A polling station shall be in premises that are accessible to electors with a disability. Exception (2) If a returning officer is unable to secure suitable premises for a polling station that are accessible to electors with a disability, the returning officer may, with the prior approval of the Chief Electoral Officer, establish the polling station in premises that are not accessible to such electors. Voting compartments (3) Each polling station shall contain a sufficient number of voting compartments arranged so that each elector is screened from observation and may, without interference or interruption, mark their ballot. Table or desk (4) Each voting compartment shall be placed on a hard and smooth surface and shall have in it a suitable black lead pencil for the use of electors in marking their ballots. 2000, c. 9, s. 121 2018, c. 31, s. 84
Canada Elections Act — E-2.01 122
122 (1) [Repealed, 2018, c. 31, s. 85] Polling station in school or other public building (2) Whenever possible, a returning officer shall establish a polling station in a school or other suitable public building. Polling station in federal buildings (3) A returning officer may require the officer in charge of a building owned or occupied by the Government of Canada to make premises in that building available for use as a polling station, and the officer to whom the requirement is directed shall make every reasonable effort to comply with the requirement. 2000, c. 9, s. 122 2018, c. 31, s. 85
Canada Elections Act — E-2.01 125
Mobile polling station 125 (1) When a polling division consisting of two or more institutions is constituted under subsection 538(5), the returning officer may establish a mobile polling station to be located in each of those institutions successively. Voting hours for mobile polling station (2) The returning officer shall set the times during which a mobile polling station will be located in the institutions referred to in subsection (1). Notice (3) The returning officer shall give notice to the candidates of the itinerary of the mobile polling station in accordance with the instructions of the Chief Electoral Officer. Provisions applicable to mobile polls (4) Subject to the instructions of the Chief Electoral Officer, the provisions of this Act that relate to ordinary polls shall, in so far as they are applicable, apply to mobile polling stations.
Canada Elections Act — E-2.01 125.1
Information — location of polling stations 125.1 (1) The returning officer for an electoral district and the Chief Electoral Officer shall make the addresses of all of the polling stations in the electoral district available to, respectively, each candidate in the electoral district and each political party that has endorsed a candidate in the electoral district. That information shall be made available on the later of the 24th day before polling day and the day on which the candidate’s nomination is confirmed, along with maps of the electoral district indicating the boundaries of each polling division and the location of each polling station. Notification of change — on or before 5th day before polling day (2) If, on or before the 5th day before polling day, there is a change in the address of any polling station in the electoral district, the returning officer and the Chief Electoral Officer shall without delay make that information available to the candidates and the political parties respectively, along with maps of the electoral district indicating the new location of the polling station. Electoral district maps — electronic format (2.1) The maps that the Chief Electoral Officer is to make available to political parties under subsections (1) and (2) shall be made available in electronic form or in formats that include electronic form. Notification of change — after 5th day before polling day (3) If, after the 5th day before polling day, there is a change in the address of any polling station in the electoral district, the returning officer and the Chief Electoral Officer shall without delay make that information available to the candidates and the political parties respectively. 2014, c. 12, s. 43 2018, c. 31, s. 87
Canada Elections Act — E-2.01 126
Prohibitions re ballots, etc. 126 No person shall (a) forge a ballot; (b) without authority under this Act, print a ballot or what purports to be or is capable of being used as a ballot at an election; (c) being authorized under this Act to print a ballot, knowingly print more ballot papers than the person is authorized to print; (d) print a ballot or what purports to be or is capable of being used as a ballot at an election with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast; or (e) manufacture, import into Canada, have in possession, supply to an election officer, or use for the purpose of an election, or cause to be manufactured, imported into Canada, provided to an election officer, or used for the purposes of an election, a ballot box that contains a compartment into which a ballot may be secretly placed or a device by which a ballot may be secretly altered.
Canada Elections Act — E-2.01 127
Manner of voting 127 An elector may vote (a) in person at a polling station on polling day; (b) in person at an advance polling station during the period provided for the advance poll; or (c) by means of a special ballot issued in accordance with Part 11.
Canada Elections Act — E-2.01 128
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.
Canada Elections Act — E-2.01 129
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.
Canada Elections Act — E-2.01 130
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, and shall publish the hours in the Notice of Election referred to in section 62.
Canada Elections Act — E-2.01 131
By-elections 131 If only one by-election is held or if more than one by-election is held on the same day and all of them are in the same time zone, the hours of voting are from 8:30 a.m. to 8:30 p.m.
Canada Elections Act — E-2.01 132
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.
Canada Elections Act — E-2.01 133
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.
Canada Elections Act — E-2.01 134
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.
Canada Elections Act — E-2.01 135
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) any field liaison officer; (b) the returning officer, his or her representatives and any member of his or her staff whom he or she authorizes to be present; (b.1) any election officer whom the returning officer authorizes to be present; (c) the candidates; (d) two representatives of each candidate or, in their absence, two electors to represent each candidate; (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; (f) any observer or member of the Chief Electoral Officer’s staff whom he or she authorizes to be present; (g) [Repealed, 2018, c. 31, s. 88] (h) if a polling division of an electoral district in which a registered party’s leader is a candidate is assigned to the polling station, any media representative who — subject to any conditions that the Chief Electoral Officer considers necessary to protect the integ­rity of the vote and the privacy of any person present at the polling station — is authorized in writing by the Chief Electoral Officer to be present and take any photograph or make any audio or video recording of the candidates as they cast their votes; and (i) the auditor referred to in section 164.1. Delivery of representative’s authorization (2) When a representative of a candidate is admitted to a polling station, the representative shall deliver his or her written authorization from the candidate or the candidate’s official agent in the prescribed form, or a copy of it, to an election officer who is assigned to the polling station. Representative authorized in writing (3) A representative bearing a written authorization referred to in subsection (2), or a copy of one, is a representative of the candidate for the purposes of this Act and is entitled to represent the candidate to the exclusion of any elector who might otherwise claim the right to represent the candidate. Solemn declaration (4) Each representative of a candidate or each elector described in paragraph (1)(d), on being admitted to the polling station, shall make a solemn declaration in the prescribed form. Solemn declaration (5) A candidate’s representative who is appointed to more than one polling station shall, before being admitted to the first polling station, make a solemn declaration in the prescribed form before an election officer who is assigned to that polling station. The representative is not required to make another solemn declaration on being admitted to any other polling station in the same electoral district if he or she presents a document, in the prescribed form, proving that he or she has already made the solemn declaration. 2000, c. 9, s. 135; 2014, c. 12, s. 44 2018, c. 31, s. 88
Canada Elections Act — E-2.01 136
Presence of representatives 136 (1) A candidate or the candidate’s official agent may authorize any number of representatives of the candidate to be present at a polling station, but only two of each candidate’s representatives may be present at any time. Representatives may absent themselves from poll (2) A representative of a candidate, or an elector 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 is not required to produce a new written authorization from the candidate or official agent, or a copy of one, or to make another solemn declaration. Moving between polling stations (2.1) Despite subsection (2), a candidate’s representative may, either before or after the counting of the votes begins, go from one polling station to another if those polling stations are in the same polling place. However, once the representative leaves the polling place, he or she is not permitted to return after the counting of the votes begins. Examination of list of electors and conveying information (3) A representative of a candidate may, during voting hours, (a) examine the list of electors, provided that the representative 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 a representative of the candidate who is on duty outside the polling station. Photographs, recordings and communications devices (4) A candidate’s representative (a) shall not take any photograph or make any audio or video recording at a polling station; and (b) shall not, if he or she uses a communications device at a polling station, impede any elector from exercising their right to vote or violate the secrecy of the vote. 2000, c. 9, s. 136; 2014, c. 12, s. 45 2018, c. 31, s. 89
Canada Elections Act — E-2.01 137
Candidate may act as representative 137 (1) A candidate may perform the duties of a representative of the candidate, or may assist the representative in the performance of those duties, and may be present at any place that the representative is authorized to attend under this Act. Non-attendance of representatives (2) The non-attendance of a representative of a candidate at any time or place authorized by this 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.
Canada Elections Act — E-2.01 138
Initialling ballots 138 (1) Before a polling station opens on polling day, and in full view of the candidates or their representatives who are present at the polling station, an election officer who is assigned to the polling station shall initial the back of every ballot in the space indicated in Form 3 of Schedule 1, 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. 2000, c. 9, s. 138 2018, c. 31, s. 90
Canada Elections Act — E-2.01 139
Counting of ballots before opening of poll 139 Candidates or their representatives 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.
Canada Elections Act — E-2.01 140
Examining and sealing ballot box 140 When the polling station opens, an election officer who is assigned to the polling station shall, in full view of the candidates or their representatives 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. 2000, c. 9, s. 140 2018, c. 31, s. 91
Canada Elections Act — E-2.01 141
Calling electors 141 Immediately after the ballot box is sealed, an election officer who is assigned to the polling station shall call on the electors to vote. 2000, c. 9, s. 141 2018, c. 31, s. 92
Canada Elections Act — E-2.01 142
Electors not to be impeded 142 An election officer who is assigned to the polling station 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. 2000, c. 9, s. 142 2018, c. 31, s. 92
Canada Elections Act — E-2.01 143
en proven in accordance with subsection (2), (3), (3.1) or (3.2), the elector’s name shall be crossed off the list and, subject to section 144, the elector shall be immediately allowed to vote. (5) [Repealed, 2018, c. 31, s. 93] (6) [Repealed, 2018, c. 31, s. 93] Publication (7) The Chief Electoral Officer shall publish each year, and within three days after the issue of a writ, in a manner that he or she considers appropriate, a notice setting out the types of identification that are authorized for the purpose of paragraph (2)(b). The first annual notice shall be published no later than six months after the coming into force of this subsection. 2000, c. 9, s. 143; 2007, c. 21, s. 21, c. 37, s. 1; 2014, c. 12, s. 46 2018, c. 31, s. 93
Canada Elections Act — E-2.01 143.1
Requirement before making solemn declaration — elector 143.1 (1) If a person decides to prove his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the qualifications for electors and the penalty that may be imposed under this Act on a person who is found guilty of voting or attempting to vote at an election knowing that he or she is not qualified as an elector or who contravenes subsection 549(3). Requirement before making solemn declaration — vouching for elector (2) If a person decides to vouch for an elector by making the solemn declaration referred to in subsection 549.1(2) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the penalty that may be imposed under this Act on a person who contravenes any of subsections 282.1(1) to (3) or 549(3). 2007, c. 21, s. 21; 2014, c. 12, s. 47 2018, c. 31, s. 94
Canada Elections Act — E-2.01 144
Proof of qualification as elector 144 If the election officer referred to in subsection 143(1), a candidate or a candidate’s representative has reasonable doubts concerning whether a person intending to vote is qualified as an elector, the officer, candidate or representative may request that the person make the solemn declaration referred to in subsection 549.1(1) in writing, in which case the person shall not be allowed to vote unless he or she makes that solemn declaration. 2000, c. 9, s. 144; 2007, c. 21, s. 21 2018, c. 31, s. 94
Canada Elections Act — E-2.01 144.1
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). 2007, c. 21, s. 21
Canada Elections Act — E-2.01 146
Name and address corresponding closely to another 146 If the name and address of a person who asks for a ballot do not appear in the list of electors but a different name and address in that list correspond so closely as to suggest that they are intended to refer to that person, the person shall not be allowed to vote unless he or she makes a solemn declaration in the prescribed form. 2000, c. 9, s. 146; 2007, c. 21, s. 22 2018, c. 31, s. 95
Canada Elections Act — E-2.01 147
Person in whose name another has voted 147 (1) 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 makes the solemn declaration referred to in subsection 549.1(1) in writing. Requirement before making solemn declaration (2) An election officer shall, before the person makes the solemn declaration, advise the person in writing of the penalty that may be imposed under this Act on a person who is found guilty of voting or attempting to vote more than once contrary to section 281.5 or of requesting or applying for a ballot or special ballot in a name that is not his or her own contrary to paragraph 281.7(1)(a). 2000, c. 9, s. 147; 2007, c. 21, s. 22; 2014, c. 12, s. 48 2018, c. 31, s. 95
Canada Elections Act — E-2.01 148
Name crossed off list in error 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 makes the solemn declaration referred to in subsection 549.1(1) in writing. 2000, c. 9, s. 148; 2007, c. 21, s. 22; 2014, c. 12, s. 48 2018, c. 31, s. 95
Canada Elections Act — E-2.01 148.1
Failure to prove identity or residence 148.1 (1) An elector who fails to prove his or her identity and residence in accordance with section 143 or to make a solemn declaration otherwise required by this Act shall not receive a ballot or be allowed to vote. When elector refuses to make solemn declaration (2) If an elector refuses to make a solemn declaration on the ground that 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 election officer in whose opinion the elector is required to make the solemn declaration, the returning officer decides that the elector is not required to make it, 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. 2007, c. 21, s. 22; 2014, c. 12, s. 49 2018, c. 31, s. 95
Canada Elections Act — E-2.01 149
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 election officer referred to in subsection 143(1) 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); or (b) the elector gives the election officer a registration certificate described in subsection 161(4). (c) [Repealed, 2018, c. 31, s. 96] 2000, c. 9, s. 149; 2007, c. 21, s. 23 2018, c. 31, s. 96
Canada Elections Act — E-2.01 150
Delivery of ballot to elector 150 (1) Every elector who is admitted to vote shall be given a ballot by the election officer referred to in subsection 143(1), after that election officer has placed on the back of the ballot, in the space indicated in Form 3 of Schedule 1, the number of the elector’s polling division. Instructions to elector on receiving ballot (2) The election 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 election officer who initialed the ballot are visible and shall direct the elector to return the marked and folded ballot. 2000, c. 9, s. 150 2018, c. 31, s. 97