Bill C-6: An Act to amend the Canada Elections Act (visual identification of voters)

C-6 Second Session, Thirty-ninth Parliament, 56 Elizabeth II, 2007 HOUSE OF COMMONS OF CANADA BILL C-6 An Act to amend the Canada Elections Act (visual identification of voters) first reading, October 26, 2007 THE LEADER OF THE GOVERNMENT IN THE HOUSE OF COMMONS AND MINISTER FOR DEMOCRATIC REFORM 90246 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Canada Elections Act (visual identification of voters)”. SUMMARY This enactment amends the Canada Elections Act to require that electors have their faces uncovered before voting, or registering to vote, in person, and supplements the authority of Elections Canada to appoint sufficient personnel to manage the conduct of the vote at the polls. Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca .vis1 {position: absolute;display:block;} .vis2 {position: static;} 2nd Session, 39th Parliament, 56 Elizabeth II, 2007 house of commons of canada BILL C-6 An Act to amend the Canada Elections Act (visual identification of voters) Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 2000, c. 9 CANADA ELECTIONS ACT 1. Subsection 22(1) of the Canada Elections Act is amended by adding the following after paragraph (g): Explanatory NotesCanada Elections Act Clause 1: Relevant portion of subsection 22(1): 22. (1) The following persons are election officers: Notes explicativesLoi électorale du Canada Article 1 : Texte du passage visé du paragraphe 22(1) : 22. (1) Ont qualité de fonctionnaire électoral : (g.1) persons appointed under section 32.1; 2. The heading before section 32 of the French version of the Act is replaced by the following: Clause 2: Existing text of the heading: Disposition générale Article 2 : Texte de l’intertitre : Disposition générale Dispositions générales 3. The Act is amended by adding the following after section 32: Clause 3: New. Article 3 : Nouveau. Election officers 32.1 After the issue of the writ, a returning officer may, with the approval of the Chief Electoral Officer, appoint any other persons that are necessary to attend at a polling place for the conduct of the vote. 4. The Act is amended by adding the following after section 37: Clause 4: New. Article 4 : Nouveau. Delegation 37.1 A deputy returning officer or poll clerk referred to in paragraph 32(b) or (c) may, in accordance with the instructions of the Chief Electoral Officer, delegate to a person appointed under section 32.1 any of the powers or duties that the deputy returning officer or poll clerk may exercise or perform at a polling station. 5. Section 143 of the Act is amended by adding the following after subsection (3): Clause 5: New. Article 5 : Nouveau. Visual identification (3.1) An elector shall have an uncovered face when the elector is proving his or her identity under subsection (2) or (3) or providing identification under paragraph (3)(a). Exception (3.2) Despite subsection (3.1), an elector who is proving his or her identity under paragraph (2)(b) or subsection (3) is not required to have an uncovered face if (a) the deputy returning officer is of the opinion that uncovering it would be harmful to the elector’s health; and (b) the elector takes the prescribed oath attesting to the fact that uncovering it would be harmful to his or her health. 6. Section 161 of the Act is amended by adding the following after subsection (1): Clause 6: New. Article 6 : Nouveau. Visual identification (1.1) An elector shall have an uncovered face when the elector is proving his or her identity under subsection (1) or providing identification under subparagraph (1)(b)(i). Exception (1.2) Despite subsection (1.1), an elector who is proving his or her identity under paragraph (1)(a) by providing the pieces of identification referred to in paragraph 143(2)(b) or is proving his or her identity under paragraph (1)(b) is not required to have an uncovered face if (a) the registration officer or deputy returning officer, as the case may be, is of the opinion that uncovering it would be harmful to the elector’s health; and (b) the elector takes the prescribed oath attesting to the fact that uncovering it would be harmful to his or her health. 2007, c. 21, s. 28 7. Paragraph 162(g) of the Act is replaced by the following: Clause 7: Relevant portion of section 162: 162. Each poll clerk shall ... (g) indicate, if applicable, on the prescribed form that the elector refused to comply with a legal requirement to provide the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, or to take an oath; Article 7 : Texte du passage visé de l’article 162 : 162. Le greffier du scrutin : [...] g) indique sur le formulaire prescrit, le cas échéant, que l’électeur a refusé de présenter les pièces visées aux alinéas 143(2)a) ou b) ou de prêter serment alors qu’il y était légalement tenu; (g) indicate, if applicable, on the prescribed form that the elector refused to comply with a legal requirement to provide the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, to have an uncovered face in accordance with subsection 143(3.1) or to take an oath; 8. Section 169 of the Act is amended by adding the following after subsection (2): Clause 8: New. Article 8 : Nouveau. Visual identification (2.1) An elector shall have an uncovered face when the elector is proving his or her identity under subsection (2) or providing identification under subparagraph (2)(b)(i). Exception (2.2) Despite subsection (2.1), an elector who is proving his or her identity under paragraph (2)(a) by providing the pieces of identification referred to in paragraph 143(2)(b) or is proving his or her identity under paragraph (2)(b) is not required to have an uncovered face if (a) the deputy returning officer is of the opinion that uncovering it would be harmful to the elector’s health; and (b) the elector takes the prescribed oath attesting to the fact that uncovering it would be harmful to his or her health. 9. Section 237 of the Act is replaced by the following: Clause 9: Existing text of section 237: 237. On acceptance of an elector’s application for registration and special ballot, the elector shall be given a special ballot, or, if section 241 applies, a ballot that is not a special ballot, an inner envelope and an outer envelope. Article 9 : Texte de l’article 237 : 237. Après l’approbation de sa demande d’inscription et de bulletin de vote spécial, l’électeur qui a fait la demande reçoit un bulletin de vote spécial — ou, dans le cas visé à l’article 241, un bulletin de vote —, l’enveloppe intérieure et l’enveloppe extérieure. Provision of ballot 237. Subject to section 237.1, on acceptance of an elector’s application for registration and special ballot, the elector shall be given a special ballot, or, if section 241 applies, a ballot that is not a special ballot, an inner envelope and an outer envelope. Proof of identity and residence 237.1 (1) If an elector goes to the office of a returning officer to receive his or her ballot or special ballot, before receiving it, the elector shall (a) provide 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; or (b) if the elector resides in the electoral district for which the returning officer has been appointed, prove his or her identity and residence by taking the prescribed oath and be accompanied by an elector whose name appears on the list of electors for the same polling division and who (i) provides the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, and (ii) vouches for him or her on oath in the prescribed form. Visual identification (2) An elector shall have an uncovered face when the elector is proving his or her identity under paragraph (1)(a) or (b) or providing identification under subparagraph (1)(b)(i). Exception (3) Despite subsection (2), an elector who is proving his or her identity under paragraph (1)(a) by providing the pieces of identification referred to in paragraph 143(2)(b) or is proving his or her identity under paragraph (1)(b) is not required to have an uncovered face if (a) the returning officer is of the opinion that uncovering it would be harmful to the elector’s health; and (b) the elector takes the prescribed oath attesting to the fact that uncovering it would be harmful to his or her health. Prohibition — vouching for more than one elector (4) No elector shall vouch for more than one elector at an election. Prohibition — vouchee acting as voucher (5) An elector who has been vouched for at an election may not vouch for another elector at that election. 10. Subsection 491(2) of the Act is replaced by the following: Clause 10: Existing text of subsection 491(2): (2) Every person who contravenes any of paragraphs 281(a) to (f) (prohibited acts re vote under special voting rules) is guilty of an offence. Article 10 : Texte du paragraphe 491(2) : (2) Commet une infraction quiconque contrevient à l’un ou l’autre des alinéas 281a) à f) (actions interdites concernant le scrutin tenu dans le cadre des règles électorales spéciales). Offences requiring intent — summary conviction (2) Every person is guilty of an offence who (a) contravenes subsection 237.1(4) (vouching for more than one elector); (b) contravenes subsection 237.1(5) (vouch-ee acting as voucher); or (c) contravenes any of paragraphs 281(a) to (f) (prohibited acts re vote under special voting rules). COORDINATING AMENDMENT 11. If, in the 2nd session of the 39th Parliament, a Bill entitled An Act to amend the Canada Elections Act (expanded voting opportunities) and to make a consequential amendment to the Referendum Act (the “other Act”) is introduced that is in the same form as Bill C-55 — introduced in the 1st session of the 39th Parliament and having the same title — and if it receives royal assent, then, on the first day on which both subsection 12(3) of that other Act has produced its effects and section 8 of this Act is in force, section 176.2 of the Canada Elections Act is amended by adding the following after subsection (2): Visual identification (2.1) An elector shall have an uncovered face when the elector is proving his or her identity under subsection (2) or providing identification under subparagraph (2)(b)(i). Exception (2.2) Despite subsection (2.1), an elector who is proving his or her identity under paragraph (2)(a) by providing the pieces of identification referred to in paragraph 143(2)(b) or is proving his or her identity under paragraph (2)(b) is not required to have an uncovered face if (a) the deputy returning officer is of the opinion that uncovering it would be harmful to the elector’s health; and (b) the elector takes the prescribed oath attesting to the fact that uncovering it would be harmful to his or her health. Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada