Federal, Provincial and Territorial Electoral Events
- A-LG-007-000/AF-001
- Issued on the Authority of the Chief of the Defence Staff
- OPI: NDHQ/JAG/Coordinating Officer, Special Voting Rules
- 2000-11-29
- Changed - 2025-03-06
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- Original... 0 ...2000-11-29
- Changed... 3 ...2019-09-03
- Changed... 1 ...2003-07-01
- Changed... 4 ...2025-03-06
- Changed... 2 ...2015-06-01
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Contact Officer: Coordinating Officer, Special Voting Rules
© 2025 DND Canada
Table of contents
- Abbreviations and Acronyms
- Section 1: General
- Section 2: Access to Defence Establishments During a Federal, Provincial or Territorial Electoral Event
- Section 3: Political Activities by Members of the Canadian Forces
- Section 4: Federal Electoral Events - Registration and Vote of Canadian Forces Electors
- Section 5 : Provincial or territorial electoral events: registration and vote of canadian forces electors
- Section 6: Compliance and Consequences
- Section 7: References
- List of Annexes
Abbreviations and Acronyms
- CAF/FAC
- Canadian Armed Forces
- CEA/LEC
- Canada Elections Act
- CDS/CEMD
- Chief of the Defence Staff
- CEO/DGE
- Chief Electoral Officer
- CO/cmdt
- Commanding Officer
- Coord O, SVR/O Coord, RES
- Coordinating Officer, Special Voting Rules
- DAOD/DOAD
- Defence Administrative Orders and Directives
- EC
- Elections Canada
- EMB/OGE
- Electoral Management Body
- LO/AL
- Liaison Officer
- NROE/RNE
- National Register of Electors
- QR&O/ORFC
- Queen’s Regulations and Orders
- SVR/RES
- Special Voting Rules
- SVRA/ARES
- Special Voting Rules Administrator
- UEO/FEU
- Unit Election Officer
Section 1: General
Purpose
- This publication describes and summarizes the measures facilitating the exercise of the right to vote, the qualifications and the entitlement to vote of CAF electors, the procedures associated with the CAF elector’s vote and a CO’s duties during a general federal electoral event. It describes the type of information that is communicated to members of the CAF in relation to provincial and territorial general electoral events. It also explains the rules governing political activities on defence establishments and the limitations applicable to political activities by members of the CAF.
- The aim of this publication is to promote and facilitate the exercise of the right to vote by CAF electors by explaining the conditions under which it is exercised and the applicable restrictions and procedures.
- Matters concerning elections and Federal Public Service Employees are not covered in this publication. These matters fall under Assistant Deputy Minister (Human Resources – Civilian) responsibilities. COs responsible for the supervision of civilian employees shall contact their civilian human resources advisor for more information.
Definitions
Electors:
Section 2: Access to Defence Establishments During a Federal, Provincial or Territorial Electoral Event
Introduction
- Paragraph 19.44(2) of QR&O states that COs have a duty to ensure that political activities held on a base do not affect the political neutrality of the Canadian Forces. Nevertheless, during certain electoral events, this duty must be balanced against electoral rights and access rights enjoyed by specific individuals. Failing to respect these rights could result in the contravention of electoral laws.
Federal Electoral Event
- In accordance with section 81.1 of the CEA, during a federal election period, COs must give all candidates (or their representatives) access to the areas of the defence establishments that are open to the public without charge. Consequently, candidates cannot be prevented from campaigning on military grounds and in buildings where there is an open base policy and when such grounds and buildings are otherwise not subject to any positive form of access control. Any restricted areas of defence establishment (e.g. runways, ranges, buildings requiring card access, etc.) must remain inaccessible to candidates and their representatives as well as to anyone else who cannot justify a right of access in accordance with National Defence Security Orders and Directives.
- During a federal election period, a CO can only restrict campaigning activities in or on the portion of a defence establishment that is open without charge to members of the public in the following two circumstances: (1) when campaigning in that portion of the defence establishment would be incompatible with its function and purpose or (2) when campaigning in that portion of the defence establishment would be inconsistent with public safety. For example, in appropriate circumstances, a CO could forbid candidates from campaigning in the middle of the street of a defence establishment (open to public free of charge, yet against public safety) or in a church during religious service located on a defence establishment (open to the public free of charge, yet against the purpose of the place at the time of services).
- Outside of federal election periods, a CO must not allow political activities to take place on a defence establishment. The right to campaign on defence establishments granted to federal electoral candidates (and their representatives) by the CEA does not apply outside of federal election periods.
Provincial or Territorial Electoral Event
- Candidates in provincial, territorial, municipal or civic elections have no legally protected right to campaign on defence establishments at any time. COs are prohibited from allowing these candidates (and their representatives) to campaign on defence establishments in accordance with QR&O 19.44(2).
Enumeration by Civilian Enumerators
- Subject to security regulations and orders, and for the purposes of a provincial or territorial election for which enumeration may be required, civilian enumerators shall be given access to defence establishments, as necessary, to carry out the enumeration of civilian or CAF electors residing thereon.
- In accordance with subsection 8(1) of the Privacy Act and unless otherwise directed by appropriate CAF authorities, COs shall not provide lists of members of the CAF or their dependants or other persons residing on a defence establishment to civilian enumerators.
- In accordance with the CEA, the NROE contains information about persons who are qualified as electors, including eligible CAF electors. That information is used for the purposes of federal electoral events. Elections Canada may conduct targeted revision activities in defense establishments in order to improve the quality of the information contained in the NROE.
Civilian Polling Stations in Defence Establishments
- Subsection 122 (3) of the CEA indicates that 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. In light of this obligation in the CEA, the Department of National Defence and Elections Canada have entered into a MOU concerning the use of DND property as polling stations for federal elections. As a CO, if you receive a request from a returning officer regarding the use of a building as a polling station, contact the Canadian Forces Real Property Operations Group (HQ).
Section 3: Political Activities by Members of the Canadian Forces
Political Activities by Members of the Canadian Forces
- Political activities by members of the CAF are governed by QR&O 19.44. Members of the CAF shall ensure, at all times that their acts and conduct do not affect the actual or perceived neutrality of the CAF. In particular, pursuant to QR&O 19.44(7), the political activities of members of the Regular Force are subject to specific limitations. Where a member of the Regular Force intends to accept an office in a municipal corporation or other local government body, or to allow himself or herself to be nominated for election to such office, the member must, pursuant to QR&O 19.44(7)(c) and the attached designation order (Annex A), request permission from the Assistant Deputy Minister (Review Services), which has been designated by the Chief of the Defence Staff to grant such permission.
- The disclosure of information and the restrictions applicable to opinions given by CAF members are governed by QR&O articles 19.36 and 19.37.
- The following DAODs also apply to political activities conducted by members of the CAF:
- DAOD 7021-0, Conflict of Interest and Post-Employment;
- DAOD 7021-1, Conflict of Interest; and
- DAOD 7021-2, Post-Employment.
Temporary Employment of Canadian Forces Members by Elections Canada or by a Provincial or Territorial Election Management Body
- Members of the Regular Force or members of the Reserve Force on Class B or C who wish to occupy a temporary position with Elections Canade or with a provincial or territorial EMB (e.g.: Elections Ontario; Elections Québec; etc.) during the election period may do so as long as the member:
- remains neutral at all times when exercising their election-related duties;
- refrains from wearing their uniform at any time while exercising election-related duties;
- obtains pre-approval from their CO to occupy a temporary position with an EMB; and
- is on leave while occupying the temporary position with the EMB.
- Members of the Reserve Force on Class A may occupy a temporary position with an EMB during the Election as long as the first two criteria are met.
Section 4: Federal Electoral Events - Registration and Vote of Canadian Forces Electors
Introduction
- Parliament has provided CAF members with special procedures to vote in federal elections since the early 20th century.
- The Elections Modernization Act, S.C. 2018, c. 31, has allowed Canadian Forces electors access to several methods of voting, while also adopting measures to ensure the integrity of the vote.
- This section describes the procedures for the qualification and registration of CAF electors.
Subsection 4.1: Qualification and Right to Vote of Canadian Forces Electors
Qualification as an Elector
- A person is qualified as an elector if they are a Canadian Citizen and on civilian polling day are 18 years of age or older.
Qualification as a Canadian Forces Elector
- Subject to paragraphs 33 to 35 of subsection 4.2 of this publication, every CAF elector is qualified and entitled to vote under the SVR if the person is a Canadian citizen, has attained the age of 18 years on civilian polling day, and is one of the following persons:
- a member of the Regular Force; or
- a member of the Reserve Force.
- Members of the Reserve Force include members of the Primary Reserve, Supplementary Reserve, Canadian Rangers and COATS (Cadet Organizations Administration and Training Service), irrespective of the class of service they serve in.
Subsection 4.2: Registration of Canadian Forces Electors
National Register of Electors and Register of Future Electors
- The NROE contains information about persons who are qualified as electors, including eligible CAF electors. That information is used for the purposes of federal electoral events.
- The Register of Future Electors contains information about who are qualified as future electors. That information is used for the purposes of civic engagement activities conducted by Elections Canada or on its behalf. Only Canadian Citizens between the ages of 14 to 17 may be included in the Register of Future Electors. Once a future elector becomes an elector, he or she may be included in the NROE.
- A CAF elector or CAF future elector who requests to be included in the NROE or the Register of Future Electors or who requests that their registration be updated, must provide their service number when making this request.
Place of Ordinary Residence
The 2019 changes to the CEA repealed the registration mechanism referred to as the Statement of Ordinary Residence (SOR). As a result, CAF members now enjoy the same registration and voting opportunities as all other Canadians, while maintaining their privilege to vote – if they wish to do so – at military polling stations established by CAF units in Canada or abroad.
- The place of ordinary residence of a person is the place that has always been, or that has been adopted as, his or her dwelling place, and to which the person intends to return when away from it.
- A person can only have one place of ordinary residence and it cannot be lost until another is gained.
- Temporary absence from a place of ordinary residence does not cause a loss or change of place of ordinary residence.
- Temporary residential quarters (e.g. occupying single quarters during the duration of a course or tasking) are considered to be a person’s place of ordinary residence only if the person has no other place that they consider to be their residence.
- A shelter, hostel or similar institution that provides food, lodging or other social services to a person who has no dwelling place is that person’s place of ordinary residence.
- It is up to each individual person to determine their place of ordinary residence based on their personal circumstances.
Civilian and Military Lists of Electors
- Following the issue of the writs, each CO shall prepare the list of electors for his or her unit. That list must be communicated by the CO to EC, through a LO, no later than the 28th day prior to polling day.
- The GUARDIAN system can compile the list of eligible CAF electors by unit. All CAF electors who are identified as such in the NROE and are posted or assigned to the CO’s unit will automatically appear on the list compiled by GUARDIAN. It may be more efficient for the staff of the Coord O, SVR to compile and submit the list(s) to EC. On behalf of the COs they assist, LOs should coordinate with Coord O, SVR staff to avoid duplication of effort in meeting this statutory requirement.
Commanding Officer May Authorize the Use of an Alternative Address
- For the purpose of maintaining operational security, a CO may indicate on the list of electors, with respect to some or all of the CAF electors in the CO’s unit, their alternative address rather than the address that would normally be indicated.
- An elector may also independently ask their CO not to indicate the address of their place of ordinary residence on the list of electors for the purpose of maintaining operational security or out of a reasonable apprehension of bodily harm if their address of ordinary residence were to appear on the list of electors. The CO shall grant the request and indicate the elector’s alternative address on the list unless the CO considered that it would not be in the public interest to do so.
- The indication of an alternative address on the list of electors for the unit will be done using the GUARDIAN system.
- The CO shall inform the SVRA through a LO, that an alternative address has been used.
- The use of an alternative address on the list of electors does not change the elector’s place of ordinary residence.
- Persons requiring an alternative address on the list of electors should be reminded to opt out of the NROE. Failing to request an opt-out will potentially result in the person being flagged as a person requiring protection.
Registration at a Military Polling Station
- An eligible CAF elector whose name does not appear on the list of electors of their unit, may apply for registration and special ballot at a military polling station. Although there is a new policy that allows permanent residents to be recruited into the CAF, it is illegal under the Canada Elections Act for a non-citizen to vote or to apply to register to vote.
- A CAF elector may also apply for registration and special ballot at a military polling station if:
- The elector’s name appears on the list, but the elector wishes to update their address; or
- The elector is absent from his or her unit because of duty, leave or furlough, and wishes to vote at the polling station established for another CAF unit.
Voting Locations and Conditions for Exercising Right to Vote at a Military Polling Station or Civilian Polling Station
- During a federal electoral event, a CAF elector may vote in only one of the following ways:
- under the SVR, at a military polling station;
- under the SVR, at any applicable location in accordance with paragraph 28 of this subsection where the elector is absent from the elector’s unit;
- under the SVR, in accordance with paragraphs 29 to 32 of this subsection where the elector is undergoing treatment in a military hospital or convalescent institution;
- at an Elections Canada office;
- by mail;
- at a civilian advance polling station associated with the elector’s place of ordinary residence, during the advance polling period; or
- at the civilian polling station associated with the elector’s place of ordinary residence, on polling day;
- A CAF elector who wishes to vote in accordance with subparagraph (d) to (g) of paragraph 26 shall consult the Voter Information Card distributed by mail by Elections Canada, or Elections Canada’s website at www.elections.ca.
Canadian Forces Electors Absent from Their Unit During a Federal Electoral Event
- During a federal electoral event, a CAF elector who is absent from his or her unit while on duty, leave or furlough may cast a ballot at a military polling station of any base, unit, or element, in or outside Canada, if the elector produces satisfactory evidence that the elector is a CAF elector. The military identification card (NDI 20) will normally suffice.
Canadian Forces Electors Undergoing Treatment in a Military Hospital or Military Convalescent Institution
- A CAF elector who is undergoing treatment at a military hospital or military convalescent institution may vote in a federal electoral event.
- During the period fixed for the taking of the votes of CAF electors in a federal electoral event, the elector referred to in paragraph 29 is deemed to be a member of the unit under the command of the officer in charge of the hospital or convalescent institution.
- Where the UEO deems it advisable and the officer in charge of the hospital or institution approves the request, the UEO may go from room to room to take the ballots of CAF electors who are confined to bed.
- Where a UEO has not been designated for a military hospital or military convalescent institution, a UEO appointed for the unit to which the hospital or institution belongs may perform the duties of UEO.
Canadian Forces Electors Serving a Sentence in a Civil Correctional Institution, Detention Barrack or Military Prison
- Every Canadian citizen aged 18 or over who is imprisoned or incarcerated is entitled to vote in a federal electoral event.
- A CAF elector who is incarcerated in a detention barrack or military prison may vote at a military polling station established for the unit to which the detention barrack or military prison is attached.
- A CAF elector who is incarcerated in a civil correctional institution shall vote pursuant to Division 5 of Part 11 of the CEA.
Military Voting Period During a Federal Electoral Event
- Except in respect of taking votes at mobile polling stations as provided for in the SVR, the period during which the votes of CAF electors may be cast under the SVR is at least three days of the six day period commencing on Monday, the fourteenth day before civilian polling day, and ending on Saturday, the ninth day before civilian polling day, both days inclusive. Military polls shall be open for at least three hours per day. COs may increase the prescribed minimum voting period to suit local needs. However, all voting must be confined to the above six day period.
- In exceptional and unforeseen circumstances, where operational needs interfere with the specified election period at paragraph 36, the CO of a unit shall contact his or her liaison officer for special assistance in this matter.
Restricting Military Movements During a Federal Electoral Event
- Officers commanding commands, officers commanding formations, as well as COs shall ensure, insofar as practicable, that movements of ships or of large groups of members of the CAF do not take place in circumstances that would deprive them of their right to vote. If it is considered impracticable to postpone any particular movement or exercise until after the military voting period, the circumstances shall be reported by priority message to NDHQ/CMP/Coord Offr, SVR.
Subsection 4.3: General Election – Organization for Taking Votes of Canadian Forces Electors
General
- The CEO shall appoint a SVRA. The central SVRA office is located in the National Capital Region. The responsibilities of the SVRA include:
- distributing election materials and the list of candidates;
- receiving, validating, examining and sorting the completed outer envelopes containing special ballots marked by electors;
- counting the votes cast by the electors; and
- communicating the results of the votes cast in accordance with Part 11 of the CEA.
Liaison Officers
- Appropriate military authorities, in compliance with instructions from the CDS, shall select suitable officers for appointment as LOs. Officers selected will be officially appointed by the Minister to act as LOs.
- NOTE: Officers selected to act as LOs shall be relieved of their normal duties to give first and complete priority to their duties as LOs during the election period. Because of the nature of their responsibilities and required coordination and communication with formation commanders and COs, UEOs and other election officials, LOs shall be of the rank of major or above. Officers selected as LOs should be drawn from the same local area as the voting area headquarters.
- During the period leading up to the electoral event, the LO shall cooperate with and support the CEO and the Coord O, SVR in the administration of the taking of the votes of CAF electors. The LO shall, immediately on receiving notice of the designation, communicate with the COs of units located in the LO’s designated voting area to explain the LO’s role, indicate the LO’s requirements, and inform them of the requirements for the taking of votes of CAF electors. The LO responsible for a voting area shall deal directly with all COs regardless of whether anyone of them may be under the command of a military authority located outside the LO’s voting area. The LO shall also supervise the work of the UEOs that are designated to take the vote of CAF electors.
Duties of a Commanding Officer
- Each CO shall provide all facilities and resources necessary to enable CAF electors to cast their ballots for a federal electoral event in the manner set out in the SVR.
- Immediately after being informed that the writs have been issued, each unit CO shall:
- prepare a list of the names of the CAF electors serving in or attached to the CO’s unit.
- the list shall be arranged alphabetically and shall indicate each CAF elector’s surname, given names, service number and the address of his or her place of ordinary residence and his or her electoral district;
- the list shall be used for no other purpose than that described in subparagraphs 45. c. and d below. Under no circumstances shall it be made available to candidates or others not involved in the taking of the CAF elector’s vote. Any other uses of the list would contravene the provisions of the Privacy Act. Any inquiries regarding this list shall be answered by referring the inquirer to the office of the SVRA; and
- the list of CAF electors can be compiled by the GUARDIAN system. It may be more efficient for the Coord O, SVR to compile and submit the list(s) to EC on behalf of COs. LOs shall coordinate the preparation and submission of the lists with Coord O, SVR staff on behalf of the COs they assist. In the absence of a coordinated submission, the obligation rests with the individual CO to prepare and submit the list to EC.
- publish a notice in unit orders informing CAF electors that an election has been ordered and of the date fixed as civilian polling day. The notice shall state that, in accordance with the SVRs, a CAF elector may vote before a UEO during such hours and on such days, as determined by the CO, during the period of six days commencing on Monday the 14th day before civilian polling day and ending on the ninth day before civilian polling day. During each of three or more days before the voting period and on each day on which the vote is held, each a commanding officer shall publish in his or her unit’s orders and put in a conspicuous place a notice that states the days on which the electors may vote, and the precise location of and the voting hours at each polling station other than a mobile polling station. In the case of a mobile polling station, the notice shall contain its location and the anticipated period during which it is to remain at that location. Certified copies of the notice should be posted in several locations where CAF members may read them and take notice of the location and the dates and times of the military polling station.
- establish as many polling stations as are needed to take the votes of CAF electors. Such polling stations shall be open not less than three hours a day and for not less than three days during the six-day period referred to in subparagraph 44. b.;
- The COs of two or more units may establish a joint polling station for CAF electors in their units if, for the better administration of the SVR, it would be expedient for CAF electors who are entitled to vote at these units to cast their ballots before one UEO; and
- mobile polls may also be established in any area for the purpose of collecting the votes of electors who cannot conveniently reach polling stations established at their unit. Such mobile polls shall remain open for the taking of votes during such hours and on such days of the period of six days referred to in subparagraph 44 b. as the CO deems necessary to give all CAF electors in the area a reasonable opportunity to vote;
- notify the appropriate LO of the number and location of polling stations, including mobile polls, as soon as possible after their establishment.
- prepare a list of the names of the CAF electors serving in or attached to the CO’s unit.
- After being informed of the issue of the writs, but no later than the 28th day before polling day, each CO shall:
- establish polling stations;
- designate a sufficient number of CAF electors as UEOs to take the votes of CAF electors serving in or attached to the CO’s unit. Organization of a polling station is flexible, but should follow the recommended model as much as possible:
- Senior UEO supervising more than one polling station: 1 x Major
- Teams of UEOs taking the vote at a polling station:
- 1 x Capt or Lt
- 1 x Cpl or above
- Teams of UEOs responsible for registration:
- 1 x Capt or Lt
- 1 x Cpl or above
- UEOs responsible for guiding CAF electors within polling stations:
- 1 x Cpl or above
- through the LO, provide the SVRA at the SVRA’s head office in the National Capital Region with a copy of the list of designated UEOs setting out their name and rank, and confirm to the SVRA in writing that the list of CAF electors in the SVRA’s unit was prepared and completed in accordance with subparagraph 44. a., and confirming the precise number of CAF electors; and
- provide the UEOs with the list of electors for the unit.
- Forthwith upon receiving election materials and lists of the names of candidates, the CO shall:
- acknowledge receipt of election materials;
- distribute those materials in sufficient quantity to every UEO; and
- cause copies of those lists to be posted in prominent places, such as unit notice boards and in other conspicuous places.
- Each CO shall further ensure that:
- voting facilities are provided in sufficient size and numbers to ensure that voting takes place in an orderly fashion;
- the ballots are transported in a timely and secure fashion;
- in conjunction with the LO and UEOs, any special arrangements are made that are necessary for the transmission of completed outer envelopes to the SVRA, where existing postal facilities are inadequate to ensure timely receipt of the ballots to be counted;
- all necessary measures are taken to protect the secrecy of the ballots at military polling stations;
- when voting has been completed, all appropriate forms and documents are returned in accordance with paragraph 52.
Duties of Unit Election Officer
- A UEO, officially designated by a CO, is the only official authorized by the SVR to take the votes of CAF electors. The UEO shall personally:
- supervise the operations in the polling station(s); and
- take the vote of all CAF electors.
- A UEO is responsible for ensuring that:
- the vote of CAF electors is taken in strict conformity with the SVR;
- at least two instruction cards (Form EC78120) are posted in a conspicuous place in the polling station;
- he or she keeps readily available for consultation by CAF electors:
- one copy of the SVR,
- one set of street indexes (which includes seven volumes),
- one guide to federal electoral districts,
- one copy of the official list of candidates, and
- one copy of the list of electors prepared by the CO in accordance with subparagraph 44 a.
- sections 212, 213 and 214 of the CEA, respecting the handling of the ballot, are strictly adhered to;
- for the protection of the secrecy of the vote an elector who has voted immediately leaves the polling station;
- the outer envelope containing the CAF elector’s declaration and showing the CAF elector’s current electoral district and electoral district’s code is signed personally by the elector. Failure to do so will result in the ballot not being counted;
- pursuant to section 211 of the CEA, access is granted and facilities provided to enable a representative of a political party to act at the request of a candidate if the representative is a Canadian citizen and presents an authorization, in the prescribed form, completed and signed by the candidate.
Voting Procedure
- The voting procedure is described at sections 202 to 219 of the CEA. The UEOs who have been designated for taking the vote or for registering CAF electors shall strictly adhere to the procedures described in the Elections Canada publication (EC 78130: Deputy Returning Officer Guidebook).
- The UEO shall deliver to the unit’s CO:
- at the end of each voting day, if feasible, and no later than the end of the voting period, the outer envelopes containing the marked special ballots, the applications for registration and special ballot that were accepted by the unit election officer and the service number of each elector who received a special ballot; and
- at the end of the voting period, any spoiled outer envelopes, any spoiled special ballots and any other election documents and election materials in the unit election officer’s possession.
- On receipt of the outer envelopes and applications for registration and special ballot referred to in paragraph (51)(a), the commanding officer shall deliver them to the special voting rules administrator.
- On receipt of the service numbers referred to in paragraph (51)(a), the CO shall inform the special voting rules administrator, through the liaison officer, of the identity of the electors who received a special ballot.
- On receipt of the election documents and election materials referred to in paragraph (51)(b), the CO shall deliver them to the special voting rules administrator with all other election documents and election materials in the CO’s possession.
Accounting
- Elections Canada is responsible for all expenditures associated with the taking of votes during a general election. A financial instruction shall be issued prior to the conduct of military polls with the necessary instructions regarding cost reporting and recovery. Each unit shall keep an accurate record of expenditures, retain all receipts where applicable and, on the date of the civilian polling day or such date as Coord O, SVR may determine, submit a detailed report to Coord O, SVR.
Subsection 4.4: By-election
- Pursuant to subsection 178(1) of the CEA, the SVR apply to general elections only. However, subsection 178(2) allows the CEO to issue instructions adapting the SVR so that any, or all, of its provisions apply to a by-election.
- On September 21, 2020, the CEO issued such instructions. These Instructions for the adaptation of Part 11 of the Canada Elections Act so that its provisions apply to a by-election can be found on the Elections Canada website.
- For more information regarding the voting procedure applicable to CAF electors during a federal by-election, please consult the CANELECTGEN messages issued by the Coord O, SVR and the Elections Canada’s website: www.elections.ca.
Section 5 : Provincial or territorial electoral events: registration and vote of canadian forces electors
- Unlike during federal general elections, military polling stations are not established for provincial and territorial elections.
- The Coord O, SVR will publish a CANELECTGEN at the beginning of the election period to inform COs and CAF electors about the election, the registration procedure and the voting opportunities.
- In order to vote at a provincial or territorial election, a person must, in addition to being a Canadian citizen aged 18 years old or above, meet specific criteria established by provincial and territorial legislation. The most common criterion is associated with the length of time during which the elector resided in the province or territory prior to the issue of the writs. A table with the residency requirements of each Canadian province or territory is provided at Annex C.
- Most provinces and territories require electors to prove their identity at the polling station, and in some cases to prove their residential address.
- Some provinces have specific registration or voting opportunities available to CAF members (e.g., PEI, QC, ON, BC).
- CAF electors who wish to vote in a provincial or territorial election shall consult the appropriate EMB ahead of time to confirm their right to vote and their registration on the list of electors, as well as to learn where and how to vote and which identification documents will be required. A list of provincial and territorial EMBs is shown at Annex D.
Section 6: Compliance and Consequences
- Canadian citizens’ right to vote in federal, provincial and territorial elections is protected by section 3 of the Canadian Charter of Rights and Freedoms.
- The CEA, as well as applicable provincial and territorial legislation, must be complied with.
- Failure by the Coord O, SVR, a LO, a CO, a UEO or an elector to comply with electoral legislation may lead to an elector or electors being disenfranchised, including by having votes being rejected.
- Any infringement to provincial or territorial electoral legislation must be reported to the investigative section of the appropriate EMB. Contact information for provincial and territorial EMBs is provided at Annex D.
- A non-exhaustive list of key prohibitions found in the CEA, along with associated offences and punishments is found in Annex E. Similar prohibitions, offences and punishments are provided by provincial and territorial electoral legislation.
Additional Information
- The Office of the JAG website contains other information on federal, provincial and territorial electoral events and can be consulted at the following address: Legal services. The site is also available on the DWAN at the following address: Office of the Judge Advocate General (Accessible only on the National Defence network).
- The Elections Canada website can be found at www.elections.ca
Section 7: References
- Canada Elections Act, S.C. 2000, c. 9
- Canadian Charter of Rights and Freedoms
- DAOD 7021-0, Conflict of Interest and Post-Employment
- DAOD 7021-1, Conflict of Interest
- DAOD 7021-2, Post-Employment
- Elections Modernization Act, S.C. 2018, c. 31
- Privacy Act, R.S.C., 1985, c. P-21
- QR&O 19.44, Political Activities and Candidature for Office
- Deputy Returning Officer Guidebook, EC 78130
List of Annexes
- Annex A – Designation Order issued by the Chief of the Defence Staff designating the Chief of Military Personnel as the officer authorized to grant permission under QR&O article 19.44 (7)(c)
- Annex B - Residency requirements of each Canadian province or territory for provincial and territorial elections
- Annex C - Contact information for provincial and territorial EMBs
- Annex D – Key Prohibitions in the CEA
Annex A - Designation Order
I, General Jennie Carignan, Chief of the Defence Staff, pursuant to sub-paragraph 19.44 (7) (c) of the Queen’s Regulations and Orders for the Canadian
Forces do hereby:
- revoke all previous orders delegating my authority under the above-mentioned paragraph and all previous orders designating somebody to act on my behalf pursuant to the same sub-paragraph; and
- designate the officer whom from time to time holds the appointment of Chief of Military Personnel to exercise on my behalf the authority to grant permission to a member of the regular force to accept an office in a municipal corporation or other local government body or to allow himself or herself to be nominated for election to such office.
M.A.J. Carignan
General
Chief of the Defence Staff
Dated at Ottawa, Canada
Annex B – Residency requirements of each Canadian Province or Territory for Provincial and Territorial Elections
| Jurisdiction | Residency Requirement |
|---|---|
| NL | Ordinarily resident in the province |
| NS | 6 months before date of writ |
| NB | 40 days immediately preceding the date of election |
| PE | 6 months before date of writ |
| QC | 6 months before polling day. Electors living outside of Quebec temporarily can also vote if they lived in Quebec for 12 months prior to departure |
| ON | Ordinarily resides in the electoral district |
| MB | 6 months before polling day |
| SK | Ordinarily resident 6 months before date of writ |
| AB | Ordinarily resident 6 months before polling day |
| BC | 6 months before polling day |
| YK | 12 months before polling day |
| NT | Ordinarily resident 12 months before polling day |
| NU | 12 consecutive months before polling day |
Annex C – Contact Information for Provincial and Territorial Electoral Management Bodies
Canada
- Elections Canada
- 30 Victoria Street
- Gatineau, Quebec
- K1A 0M6
- Telephone: (613) 993-2975
- www.elections.ca
Newfoundland and Labrador
- Elections Newfoundland and Labrado
- Suite 100, 24 Stavanger Drive
- St. John's, Newoundland and Labrador
- A1A 5E8
- Telephone : (1-877) 729-7987
- http://www.elections.gov.nl.ca
Prince Edward Island
- Elections PEI
- 176 Great George St., Suite 160
- Charlottetown, PEI C1A 4K9
- Telephone: (902) 368-5895
- www.electionspei.ca
Nova Scotia
- Elections Nova Scotia
- PO Box 2246
- Halifax, Nova Scotia
- B3J 3C8
- Telephone: (902) 424-8584
- www.electionsnovascotia.ca
New Brunswick
- Elections NB
- PO Box 6000
- Fredericton, New Brunswick
- E3B 5H1
- Telephone: (506) 453-2218
- www.electionsnb.ca
Quebec
- Élections Québec
- 1045, avenue Wilfrid-Pelletier, bureau 200
- Quebec, Quebec
- G1W 0C6
- Telephone: (418) 528-0422
- www.electionsquebec.qc.ca
Ontario
- Elections Ontario
- 26 Prince Andrew Place
- Toronto Ontario
- M3C 2H4
- Telephone: 1-888-668-8683
- www.elections.on.ca
Manitoba
- Elections Manitoba
- 3525 Roblin Blvd
- Winnipeg, Manitoba
- R3R 0C6
- Telephone: (204) 948-9800
- www.elections.mb.ca
Saskatchewan
- Elections Saskatchewan
- 301 – 3303 Hillsdale Street
- Regina, Saskatchewan
- S4S 6W9
- Telephone: (306) 787-4000
- www.elections.sk.ca
Alberta
- Elections Alberta
- 100–11 510 Kingsway Avenue
- Edmonton, Alberta
- T5G 2Y5
- Telephone: (780) 427-7191
- www.electionsalberta.ab.ca
British Columbia
- Elections BC
- PO Box 9275, Stn. Prov. Govt.
- Victoria, British Columbia
- V8W 9J6
- Telephone: 1-800-661-8683
- www.elections.bc.ca
Yukon
- Elections Yukon
- Box 2703 (A-9)
- Whitehorse, Yukon
- Y1A 2C6
- Telephone: (867) 667-8683
- www.electionsyukon.gov.yk.ca
Northwest Territories
- Elections NWT
- YK Centre East, 3rd Floor
- 7–4915 48th Street
- Yellowknife, Northwest Territories
- X1A 3S4
- Telephone: (867) 767-9100
- www.electionsnwt.ca
Nunavut
- Elections Nunavut
- 41 Sivulliq Ave, Box 39
- Rankin Inlet, Nunavut
- X0C 0G0
- Telephone: (867) 645-4610
- www.elections.nu.ca
Annex D – Key Prohibitions in the Canada Elections Act
| Prohibitions | Offences | Punishments |
|---|---|---|
Not ordinarily resident in electoral district Voting or attempting to vote in a particular electoral district knowing that the person’s place of ordinary residence is not in that electoral district |
Paragraph 491.2(1)(e) |
On summary conviction, a fine of not more than $20,000 or imprisonment for a term of not more than one year, or both Paragraph 500(5)(a) |
On conviction on indictment, a fine of not more than $50,000 or imprisonment for a term of not more than five years, or both Paragraph 500(5)(b) |
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Voting more than once Voting more than once, or attempting to vote more than once Subsections 281.5(1) and (2) |
Paragraph 491.2(1)(g) |
On summary conviction, a fine of not more than $20,000 or imprisonment for a term of not more than one year, or both Paragraph 500(5)(a) |
On conviction on indictment, a fine of not more than $50,000 or imprisonment for a term of not more than five years, or both Paragraph 500(5)(b) |
||
Secrecy of the vote Attempting to obtain any information as to the candidate for whom any elector is about to vote or has voted Subsection 281.6(2) |
Paragraph 491.1(a) |
On summary conviction, a fine of not more than $5,000 or imprisonment for a term of not more than six months, or to both Subsection 500(2) |
Prohibition in relation to ballot and special ballots Requesting or applying for a ballot or special ballot to which the person is not entitled Paragraph 281.7(1)(c) |
Paragraph 491.1(d) |
On summary conviction, a fine of not more than $5,000 or imprisonment for a term of not more than six months, or to both Subsection 500(2) |
Prohibition in relation to special ballots Being a unit election officer, placing on a special ballot any writing, number or mark with intent that the elector to whom the special ballot is to be given, or has been given, can be identified Subsection 281.7(3) |
Paragraph 491.2(1)(l) |
On summary conviction, a fine of not more than $20,000 or imprisonment for a term of not more than one year, or both Paragraph 500(5)(a) |
On conviction on indictment, a fine of not more than $50,000 or imprisonment for a term of not more than five years, or both Paragraph 500(5)(b) |
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Photograph, video or copy of marked special ballot Taking a photograph or making a video recording of a special ballot that has been marked, at an election, by an elector Paragraph 281.8(1)(a) |
Paragraph 491.1(e) |
On summary conviction, a fine of not more than $5,000 or imprisonment for a term of not more than six months, or to both Subsection 500(2) |
False statement Making a false statement in an application for registration and special ballot, or making a false statement in a signed declaration before an election officer or unit election officer Paragraphs 281.9(a) and (b) |
Paragraph 491.1(h) |
On summary conviction, a fine of not more than $5,000 or imprisonment for a term of not more than six months, or to both Subsection 500(2) |
Influencing electors In a polling station or in any place where voting at an election is taking place, influencing or attempting to influence electors to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the election Section 282.2 |
Paragraph 491.2(1)(n) |
On summary conviction, a fine of not more than $20,000 or imprisonment for a term of not more than one year, or both Paragraph 500(5)(a) |
On conviction on indictment, a fine of not more than $50,000 or imprisonment for a term of not more than five years, or both Paragraph 500(5)(b) |
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Influencing electors Being a unit election officer, while exercising their powers or performing their duties, influencing or attempting to influence an elector to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the election Section 282.3 |
Paragraph 491.2(1)(o) |
On summary conviction, a fine of not more than $20,000 or imprisonment for a term of not more than one year, or both Paragraph 500(5)(a) |
On conviction on indictment, a fine of not more than $50,000 or imprisonment for a term of not more than five years, or both Paragraph 500(5)(b) |
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Preventing elector from voting Preventing or attempting to prevent an elector from voting at an election Section 282.6 |
Paragraph 491.2(1)(s) |
On summary conviction, a fine of not more than $20,000 or imprisonment for a term of not more than one year, or both Paragraph 500(5)(a) |
On conviction on indictment, a fine of not more than $50,000 or imprisonment for a term of not more than five years, or both Paragraph 500(5)(b) |
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Failure to perform duties Every person is guilty of an offence who (a) being a unit election officer, contravenes any of section 212, subsections 213(1) and (4) and 214(1) or, being an election officer, contravenes section 257 or subsection 258(3) (failure to perform duties with respect to receipt of vote) 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 Paragraph 491(3)(a) |
Paragraph 491(3)(a) |
On summary conviction, a fine of not more than $20,000 or imprisonment for a term of not more than one year, or both Paragraph 500(5)(a) |
On conviction on indictment, a fine of not more than $50,000 or imprisonment for a term of not more than five years, or both Paragraph 500(5)(b) |
