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Canada Elections Act

Version of section 161 from 2019-06-13 to 2024-04-01:


Marginal note:Registration in person

  •  (1) An elector whose name is not on the list of electors may register in person on polling day before an election officer if the elector

    • (a) provides as proof of his or her identity and residence the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing an address that proves his or her residence; or

    • (b) proves his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing and is accompanied by another elector whose name appears on the list of electors for the same polling station and who

      • (i) provides the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing either an address that proves that other elector’s residence or an address that is consistent with information related to that other elector that appears on the list of electors, and

      • (ii) vouches for the elector by making the solemn declaration referred to in subsection 549.1(2) in writing.

  • Marginal note:Vouching for electors in long-term care institution

    (2) If an elector who resides in an institution for seniors or persons with a disability wishes to prove his or her identity and residence under subsection (1), the other elector referred to in paragraph (1)(b) who accompanies him or her may be an employee of the institution who resides — despite that paragraph — in any polling division in the elector’s electoral district or an adjacent electoral district.

  • Marginal note:Definition of employee

    (2.1) In subsection (2), employee includes an owner of the institution and any person who occupies a management position at the institution.

  • Marginal note:Representative of each candidate

    (3) The election officer shall permit each candidate, or one representative of each candidate, in the electoral district to be present when an elector is being registered.

  • Marginal note:Examination of identification documents

    (3.1) The representative of a candidate may examine but not handle any piece of identification provided by the elector.

  • Marginal note:Registration certificate

    (4) If the elector satisfies the requirements of subsection (1), the election officer shall complete a registration certificate in the prescribed form authorizing the elector to vote and the elector shall sign it. The registration certificate shall include a solemn declaration made by the elector that he or she is qualified as an elector under section 3.

  • Marginal note:List deemed to be modified

    (5) When a registration certificate is given under subsection (4), the list of electors is deemed, for the purposes of this Act, to have been modified in accordance with the certificate.

  • Marginal note:Prohibition — registration on polling day

    (5.1) It is prohibited for any person to

    • (a) knowingly apply to be registered on polling day in a name that is not their own;

    • (b) knowingly apply, except as authorized by this Act, to be registered on polling day to vote in a polling division in which they are not ordinarily resident;

    • (c) apply to be registered on polling day to vote in an electoral district knowing that they are not qualified as an elector or entitled to vote in the electoral district; or

    • (d) compel, induce or attempt to compel or induce any other person to make a false or misleading statement relating to that other person’s qualification as an elector for the purposes of the registration of that other person on polling day.

  • (6) [Repealed, 2018, c. 31, s. 107]

  • (7) [Repealed, 2018, c. 31, s. 107]

  • 2000, c. 9, s. 161
  • 2007, c. 21, s. 26, c. 37, s. 2
  • 2014, c. 12, s. 50
  • 2018, c. 31, s. 107

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