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1st Session, 37th Parliament,
49-50 Elizabeth II, 2001
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House of Commons of Canada
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BILL C-319
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An Act to amend the Canada Elections Act
(declined vote ballots)
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| 2000, c. 9
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Her Majesty, by and with the advice and
consent of the Senate and House of Commons
of Canada, enacts as follows:
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1. (1) Paragraph (f) of the definition
``election documents'' in subsection 2(1) of
the Canada Elections Act is amended by
adding the following after subparagraph
(ii):
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(ii.1) a packet of declined-vote ballot
papers,
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(2) Subsection 2(1) of the Act is amended
by adding the following in alphabetical
order:
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``declined-vot
e ballot''
« bulletin
d'absten-
tion »
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``declined-vote ballot'' means a ballot, a
special ballot as defined by section 177 or
a ballot referred to in subsection 178(2.1),
that
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(a) has been marked in the circular space at
the right of the declined-vote statement and
deposited in the ballot box, and
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(b) has not been rejected under this Act.
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``declined-vot
e statement''
« mention
indiquant que
l'électeur
refuse de
voter »
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``declined-vote statement'' means
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(a) in respect of a ballot, the statement
described in subsection 117(1), and
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(b) in respect of a special ballot, the
statement described in section 186.
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2. Subsection 117(1) of the Act is replaced
by the following:
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| Information
on the ballot
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117. (1) Ballots shall contain the names of
candidates, arranged alphabetically, taken
from their nomination papers and, after the
name of the last candidate, the following
statement:
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I decline to vote for any of the above
candidates .
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3. Paragraph 151(1)(b) of the Act is
replaced by the following:
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(b) mark the ballot with a cross or other
mark in the circular space opposite
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(i) the name of the candidate of his or her
choice, or
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(ii) the declined-vote statement ;
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| 2000, c. 12, s.
40
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4. (1) Paragraphs 155(3)(b) and (c) of the
Act are replaced by the following:
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(b) will not disclose the name of the
candidate for whom the elector voted or the
fact that the elector declined to vote for any
of the candidates, as the case may be ;
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(c) will not try to influence the elector in
choosing a candidate or in deciding whether
to decline to vote for any of the candidates ;
and
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(2) Subsection 155(4) of the Act is
replaced by the following:
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| Prohibition -
failure to
maintain
secrecy
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(4) No friend or relative who assists an
elector under this section shall, directly or
indirectly, disclose the name of the candidate
for whom the elector voted or the fact that the
elector declined to vote for any of the
candidates, as the case may be .
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5. Paragraphs 164(2)(a) to (c) of the Act
are replaced by the following:
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(a) on entering the polling station and
before receiving a ballot, openly declare for
whom the elector intends to vote or state
that the elector intends to decline to vote for
any of the candidates ;
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(b) show his or her ballot, when marked, so
as to allow the name of the candidate for
whom the elector has voted, or the fact that
the elector has declined to vote for any of
the candidates, to be known; or
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(c) before leaving the polling station openly
declare for whom the elector has voted or
state that the elector declined to vote for any
of the candidates .
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6. Paragraph 175(2)(b) of the Act is
replaced by the following:
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(b) empty the ballots cast during that day, in
a manner that does not disclose for whom
any elector has voted or the fact that any
elector has declined to vote , into the
envelope supplied for the purpose, seal the
envelope with the seal provided by the
Chief Electoral Officer and indicate on it
the number of ballots contained in it;
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7. Section 186 of the Act is replaced by the
following:
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| Form of
special ballots
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186. Special ballots supplied by the Chief
Electoral Officer to electors under this Part
shall
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(a) be in accordance with Form 4 of
Schedule 1, and
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(b) permit electors to indicate that they
decline to vote for any of the candidates .
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8. The portion of subsection 213(2) of the
Act before paragraph (a) is replaced by the
following:
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| Voting on
special ballot
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(2) The elector shall use the special ballot to
vote by writing on it, in private and in the
designated area on the special ballot , the name
of the candidate of his or her choice or the
words ``any candidate'' , folding the special
ballot and, in the presence of the deputy
returning officer,
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9. Paragraph 216(2)(b) of the Act is
replaced by the following:
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(b) keep secret the name of the candidate for
whom the elector voted or the fact that the
elector declined to vote for any of the
candidates, as the case may be .
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10. Paragraph 227(2)(a) of the Act is
replaced by the following:
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(a) writing, in the designated area on the
ballot, the name of the candidate of his or
her choice or the words ``any candidate'' ;
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11. The portion of subsection 258(1) of the
Act before paragraph (a) is replaced by the
following:
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| Voting by
special ballot
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258. (1) The elector shall vote by writing, in
the designated area on the special ballot, the
name of the candidate of his or her choice or
the words ``any candidate'' , folding the
special ballot and, in the presence of the
deputy returning officer,
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12. Subsection 269(1) of the Act is
amended by adding the following after
paragraph (c):
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(c.1) it is marked with the name of a
candidate and the words ``any candidate'';
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13. Section 271 of the Act is amended by
striking out the word ``and'' at the end of
paragraph (b) and by adding the following
after paragraph (b):
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(b.1) the number of declined-vote ballots
for each electoral district; and
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14. Subsection 279(1) of the Act is
amended by adding the following after
paragraph (c):
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(c.1) it is marked with the name of a
candidate and the words ``any candidate'';
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15. Subsection 280(1) of the Act is
replaced by the following:
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Communica-
tion of results
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280. (1) The Chief Electoral Officer shall,
without delay after the closing of the polling
stations at an election, inform each returning
officer of the results of the count under
Division 6 for the returning officer's electoral
district, giving the number of votes cast for
each candidate, the number of declined-vote
ballots and the number of rejected ballots.
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16. Paragraph 281(b) of the Act is
replaced by the following:
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(b) wilfully interfere with, or attempt to
interfere with, an elector when marking a
ballot or special ballot, or otherwise attempt
to obtain any information as to
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(i) the candidate for whom any elector is
about to vote or has voted, or
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(ii) whether an elector is about to make a
mark or has made a mark in the circle at
the right of the declined-vote statement ;
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17. Paragraph 284(1)(b) of the Act is
replaced by the following:
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(b) that has not been marked in a circle at the
right of the candidates' names or in the
circle at the right of the declined-vote
statement ;
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(b.1) that has been marked in a circle at the
right of the candidates' names and in the
circle at the right of the declined-vote
statement;
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18. Subsection 287(1) of the Act is
replaced by the following:
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| Statement of
vote
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287. (1) The deputy returning officer shall
prepare a statement of the vote, in the
prescribed form, that sets out the number of
votes in favour of each candidate, the number
of declined-vote ballots and the number of
rejected ballots and place the original
statement and a copy of it in the separate
envelopes supplied for the purpose.
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19. (1) Subsection 288(2) of the Act is
replaced by the following:
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| Declined-vote
ballots and
rejected
ballots
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(2) The deputy returning officer shall place
into separate envelopes the declined-vote
ballots, the rejected ballots, the registration
certificates and the list of electors, and shall
seal the envelopes.
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(2) Paragraph 288(3)(a) of the Act is
replaced by the following:
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(a) the envelopes that contain the ballots
marked for the candidates, any
declined-vote ballots, spoiled ballots,
unused ballots or rejected ballots and the
official list of electors; and
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20. Subsection 304(2) of the Act is
replaced by the following:
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| Documents
that may be
examined
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(2) If a recount of all of the ballots returned
is required, the judge may open the sealed
envelopes that contain the used and counted,
unused, declined-vote, rejected and spoiled
ballots. The judge shall not open any
envelopes that appear to contain other
documents or refer to any other election
documents.
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21. Paragraph 533(a) of the Act is
replaced by the following:
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(a) by polling division, the number of votes
cast for each candidate, the number of
declined-vote ballots, the number of
rejected ballots and the number of names on
the final list of electors; and
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22. Form 3 of Schedule 1 to the Act is
amended by replacing the front of the Form
of Ballot Paper with the following:
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23. Form 4 of Schedule 1 to the Act is
amended by replacing the front of the Form
of Special Ballot Paper with the following:
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