Canada Elections Act (S.C. 2000, c. 9)

Marginal note: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.

• Marginal note: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.

Marginal note: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).

Marginal note:Delivery of ballot to elector

• 150. (1) Every elector who is admitted to vote shall be given a ballot by the deputy returning officer.

• Marginal note: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.

Marginal note: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 name of the candidate of 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.

• Marginal note: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.