The Right to Vote (5:VII) - Revision history

Nate Russell at 21:00, 27 November 2025

2025-11-27T21:00:41Z

← Older revision		Revision as of 21:00, 27 November 2025
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	Section 29 of the ''Election Act'' sets out who is eligible to vote in provincial elections. It states that in order to be eligible to vote in an electoral district, an individual must be a Canadian citizen over the age of 18, must be a registered resident of the electoral district, must have been a resident of British Columbia for at least six months, and must not be otherwise disqualified.		Section 29 of the ''Election Act'' sets out who is eligible to vote in provincial elections. It states that in order to be eligible to vote in an electoral district, an individual must be a Canadian citizen over the age of 18, must be a registered resident of the electoral district, must have been a resident of British Columbia for at least six months, and must not be otherwise disqualified.

	Although the requirement for individuals to be resident in British Columbia for six months seems to constitute a violation of section 3 of the Charter, case law has held similar provisions to be constitutional. In ''[https://~~www.~~canlii.~~org/en/yk~~/~~ykca~~/~~doc/1986/1986canlii3944/1986canlii3944.html?autocompleteStr=Re%20Yukon&autocompletePos=4~~ Re Yukon Election Residency Requirements]'', [1986] 2 BCLR (2d) 50 (CA), the BC Court of Appeal sitting as the Yukon’s Court of Appeal upheld a 12-month residency requirement imposed by the territorial government. The court found that this was a reasonable limit that was justified because of the desirability of having only persons familiar with local conditions voting for local representatives.		Although the requirement for individuals to be resident in British Columbia for six months seems to constitute a violation of section 3 of the Charter, case law has held similar provisions to be constitutional. In ''[https://canlii.ca/t/g91lk Re Yukon Election Residency Requirements]'', [1986] 2 BCLR (2d) 50 (CA), the BC Court of Appeal sitting as the Yukon’s Court of Appeal upheld a 12-month residency requirement imposed by the territorial government. The court found that this was a reasonable limit that was justified because of the desirability of having only persons familiar with local conditions voting for local representatives.

	Section 30 disqualifies the following individuals from voting: the chief electoral officer, the deputy chief electoral officer, and anyone prohibited from voting under Part 12 of the ''Election Act''.		Section 30 disqualifies the following individuals from voting: the chief electoral officer, the deputy chief electoral officer, and anyone prohibited from voting under Part 12 of the ''Election Act''.
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	When an election writ is issued, the District Registrar will advertise in newspapers announcing the closing day for applications to register.		When an election writ is issued, the District Registrar will advertise in newspapers announcing the closing day for applications to register.

	According to the court in ''[https://~~www.~~canlii.~~org/en/bc~~/~~bcca~~/~~doc/1985/1985canlii335/1985canlii335.html?autocompleteStr=Hoogbruin%20v%20BC%20(Attorney%20General)%20(1985)%2C%2070%20BCLR%201%20(CA)&autocompletePos=1~~ Hoogbruin v BC (Attorney General)]'' (1985), 70 BCLR 1 (CA), individuals have a constitutional right to use absentee ballots. The procedure for absentee balloting is outlined in section 105 of the ''Election Act''. Section 27 requires that general voting day for an election is the 28th day after the date on which the election is called. If that day is a holiday, the election will be on the next day that is not a holiday. On election day itself, polls are open from 8:00 a.m. to 8:00 p.m.		According to the court in ''[https://canlii.ca/t/213r9 Hoogbruin v BC (Attorney General)]'' (1985), 70 BCLR 1 (CA), individuals have a constitutional right to use absentee ballots. The procedure for absentee balloting is outlined in section 105 of the ''Election Act''. Section 27 requires that general voting day for an election is the 28th day after the date on which the election is called. If that day is a holiday, the election will be on the next day that is not a holiday. On election day itself, polls are open from 8:00 a.m. to 8:00 p.m.

	If a voter does not understand English, section 269(3) states that a sworn interpreter may be used to translate the required oath to the voter. Under section 269(4), before acting as a translator under subsection (3), an individual must make a solemn declaration that the person will be able to make the translation and will do so to the best of their abilities.		If a voter does not understand English, section 269(3) states that a sworn interpreter may be used to translate the required oath to the voter. Under section 269(4), before acting as a translator under subsection (3), an individual must make a solemn declaration that the person will be able to make the translation and will do so to the best of their abilities.
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	:'''Note:''' Changes to the ''Canada Elections Act'' in 2018 included the repeal of many of the controversial elements of the ''2014 Fair Elections Act''. The 2018 ''Elections Modernization Act'' restored vouching for voters without identification, transferred investigative powers back to Elections Canada, reinstated the ability for voters to use their voter information cards as identification, and removed restrictions on Elections Canada encouraging voter participation.		:'''Note:''' Changes to the ''Canada Elections Act'' in 2018 included the repeal of many of the controversial elements of the ''2014 Fair Elections Act''. The 2018 ''Elections Modernization Act'' restored vouching for voters without identification, transferred investigative powers back to Elections Canada, reinstated the ability for voters to use their voter information cards as identification, and removed restrictions on Elections Canada encouraging voter participation.

	The Supreme Court of Canada struck down previous prohibitions preventing inmates from voting in ''[https://~~www.~~canlii.~~org/en/~~ca/~~scc~~/~~doc/2002/2002scc68/2002scc68.html~~ Sauvé v Canada (Chief Electoral Officer)]'', 2002 SCC 68. A key consideration in this decision was that, by denying the vote to all prisoners, the ''Act'' failed to balance the right to vote against the seriousness of the conduct of prisoners.		The Supreme Court of Canada struck down previous prohibitions preventing inmates from voting in ''[https://canlii.ca/t/50cw Sauvé v Canada (Chief Electoral Officer)]'', 2002 SCC 68. A key consideration in this decision was that, by denying the vote to all prisoners, the ''Act'' failed to balance the right to vote against the seriousness of the conduct of prisoners.

	== D. Municipal Elections ==		== D. Municipal Elections ==

LSLAP at 19:02, 13 October 2025

2025-10-13T19:02:03Z

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	{{REVIEWED LSLAP \| date= August ~~23,~~ 2025}}		{{REVIEWED LSLAP \| date= 11 August 2025}}
	{{LSLAP Manual TOC\|expanded = complaints}}		{{LSLAP Manual TOC\|expanded = complaints}}

LSLAP: /* C. Federal Elections */

2025-09-27T23:07:00Z

C. Federal Elections

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	All voters must present one piece of government-issued ID with a photograph and residential address before being allowed to vote (section 143(2)(a)). If a voter cannot provide the required photo ID, they may still be allowed to vote if they do one of two things (section 143(2)(b) and (3)):		All voters must present one piece of government-issued ID with a photograph and residential address before being allowed to vote (section 143(2)(a)). If a voter cannot provide the required photo ID, they may still be allowed to vote if they do one of two things (section 143(2)(b) and (3)):
	:(a) Provide two pieces of acceptable identification to establish the voter's identity, at least one of which establishes the voter’s residence (a list of “acceptable identification” is to be published by the Chief Electoral Officer), or		:(a) Provide two pieces of acceptable identification to establish the voter's identity, at least one of which establishes the voter’s residence (a list of “acceptable identification” is to be published by the Chief Electoral Officer); or
	:(b) Prove their identity and eligibility by swearing an oath in writing. The voter must also be accompanied by an individual who is '''registered to vote in the same polling division''', has '''proper identification''', and vouches for the person without ID under oath and in the prescribed form. An individual can only vouch for one person at an election (subject to an exception for employees of long-term care homes), and an individual who has been vouched for cannot vouch for someone else.		:(b) Prove their identity and eligibility by swearing an oath in writing. The voter must also be accompanied by an individual who is '''registered to vote in the same polling division''', has '''proper identification''', and vouches for the person without ID under oath and in the prescribed form. An individual can only vouch for one person at an election (subject to an exception for employees of long-term care homes), and an individual who has been vouched for cannot vouch for someone else.

LSLAP: /* 3. Registration and Voting Procedures */

2025-09-27T23:06:05Z

3. Registration and Voting Procedures

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	An eligible voter may also register at a voting place on the day of the election. Amendments to the ''Election Act'' enacted in 2008 require that the applicant produce identification in the form of either (section 41(3)):		An eligible voter may also register at a voting place on the day of the election. Amendments to the ''Election Act'' enacted in 2008 require that the applicant produce identification in the form of either (section 41(3)):
	* ~~one~~ document, issued by the Government of British Columbia or Canada, that contains the applicant’s name, photograph, and place of residence,		* One document, issued by the Government of British Columbia or Canada, that contains the applicant’s name, photograph, and place of residence;
	* ~~one~~ document, issued by the Government of Canada, that certifies that the applicant is registered as an Indian under the ''Indian Act'' (Canada), or		* One document, issued by the Government of Canada, that certifies that the applicant is registered as an Indian under the ''Indian Act'' (Canada); or
	* at least 2 documents of a type authorized by the chief electoral officer, both of which contain the applicant's name and at least one of which contains the applicant's place of residence.		* At least 2 documents of a type authorized by the chief electoral officer, both of which contain the applicant's name and at least one of which contains the applicant's place of residence.

	Alternatively, section 41.1 allows eligible voters without documentation to be “vouched” for by a voter registered in the applicant’s electoral district with documentation, a family member, or “a person having authority under the common law or an enactment to make personal care decisions in respect of the applicant.”		Alternatively, section 41.1 allows eligible voters without documentation to be “vouched” for by a voter registered in the applicant’s electoral district with documentation, a family member, or “a person having authority under the common law or an enactment to make personal care decisions in respect of the applicant.”

LSLAP at 20:38, 23 August 2025

2025-08-23T20:38:31Z

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	{{REVIEWED LSLAP \| date= ~~July 22~~, ~~2024~~}}		{{REVIEWED LSLAP \| date= August 23, 2025}}
	{{LSLAP Manual TOC\|expanded = complaints}}		{{LSLAP Manual TOC\|expanded = complaints}}

LSLAP: /* C. Federal Elections */

2025-08-23T20:28:55Z

C. Federal Elections

← Older revision		Revision as of 20:28, 23 August 2025
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	All voters must present one piece of government-issued ID with a photograph and residential address before being allowed to vote (section 143(2)(a)). If a voter cannot provide the required photo ID, they may still be allowed to vote if they do one of two things (section 143(2)(b) and (3)):		All voters must present one piece of government-issued ID with a photograph and residential address before being allowed to vote (section 143(2)(a)). If a voter cannot provide the required photo ID, they may still be allowed to vote if they do one of two things (section 143(2)(b) and (3)):
	:(a) Provide two pieces of acceptable identification to establish the voter's identity, at least one of which establishes the voter’s residence (a list of “acceptable identification” is to be published by the Chief Electoral Officer); or		:(a) Provide two pieces of acceptable identification to establish the voter's identity, at least one of which establishes the voter’s residence (a list of “acceptable identification” is to be published by the Chief Electoral Officer), or
	:(b) Prove their identity and eligibility by swearing an oath in writing. The voter must also be accompanied by an individual who is '''registered to vote in the same polling division''', has '''proper identification''', and vouches for the person without ID under oath and in the prescribed form. An individual can only vouch for one person at an election (subject to an exception for employees of long-term care homes), and an individual who has been vouched for cannot vouch for someone else.		:(b) Prove their identity and eligibility by swearing an oath in writing. The voter must also be accompanied by an individual who is '''registered to vote in the same polling division''', has '''proper identification''', and vouches for the person without ID under oath and in the prescribed form. An individual can only vouch for one person at an election (subject to an exception for employees of long-term care homes), and an individual who has been vouched for cannot vouch for someone else.

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	{{ResourcesLSLAP		{{ResourcesLSLAP
	\| address = 350 Victoria Street <br /> Gatineau, Quebec K1A OM6		\| address = 350 Victoria Street <br /> Gatineau, Quebec K1A OM6
	\| phone = 1-800-463-6868		\| phone = 1 (800) 463-6868
	\| online = [http://www.elections.ca Website]		\| online = [http://www.elections.ca Website]
	}}		}}

LSLAP: /* 3. Registration and Voting Procedures */

2025-08-23T20:27:43Z

3. Registration and Voting Procedures

← Older revision		Revision as of 20:27, 23 August 2025
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	An eligible voter may also register at a voting place on the day of the election. Amendments to the ''Election Act'' enacted in 2008 require that the applicant produce identification in the form of either (section 41(3)):		An eligible voter may also register at a voting place on the day of the election. Amendments to the ''Election Act'' enacted in 2008 require that the applicant produce identification in the form of either (section 41(3)):
	* one document, issued by the Government of British Columbia or Canada, that contains the applicant’s name, photograph, and place of residence;		* one document, issued by the Government of British Columbia or Canada, that contains the applicant’s name, photograph, and place of residence,
	* one document, issued by the Government of Canada, that certifies that the applicant is registered as an Indian under the ''Indian Act'' (Canada); or		* one document, issued by the Government of Canada, that certifies that the applicant is registered as an Indian under the ''Indian Act'' (Canada), or
	* at least 2 documents of a type authorized by the chief electoral officer, both of which contain the applicant's name and at least one of which contains the applicant's place of residence.		* at least 2 documents of a type authorized by the chief electoral officer, both of which contain the applicant's name and at least one of which contains the applicant's place of residence.

LSLAP: /* 1. General Information */

2025-08-23T20:27:15Z

1. General Information

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	{{ResourcesLSLAP		{{ResourcesLSLAP
	\| address = P.O. Box 9275 Stn Provincial Government <br /> Victoria, BC V8W 9J6		\| address = P.O. Box 9275 Stn Provincial Government <br /> Victoria, BC V8W 9J6
	\| phone = Toll-free: 1-800-661-8683 <br />		\| phone = Toll-free: 1 (800) 661-8683 <br />
	\| online = [http://www.elections.bc.ca Website] <br /> Email: electionsbc@elections.bc.ca		\| online = [http://www.elections.bc.ca Website] <br /> Email: electionsbc@elections.bc.ca
	}}		}}

LSLAP at 22:52, 15 August 2024

2024-08-15T22:52:26Z

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	{{REVIEWED LSLAP \| date= July 8, ~~2023~~}}		{{REVIEWED LSLAP \| date= July 22, 2024}}
	{{LSLAP Manual TOC\|expanded = complaints}}		{{LSLAP Manual TOC\|expanded = complaints}}

LSLAP: /* D. Municipal Elections */

2024-08-15T22:50:35Z

D. Municipal Elections

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	Municipal election procedures in BC are outlined in the ''Local Government Act'', RSBC 1996, c 323, beginning at section 33. Please note, however, that elections in the City of Vancouver are governed by a separate provincial act, the ''Vancouver Charter'', SBC 1953, c 55.		Municipal election procedures in BC are outlined in the ''Local Government Act'', RSBC 1996, c 323, beginning at section 33. Please note, however, that elections in the City of Vancouver are governed by a separate provincial act, the ''Vancouver Charter'', SBC 1953, c 55.

	To be eligible to vote, a person must normally be a Canadian citizen and 18 years of age or older on the day the election is held. A person qualified in such a way must be a Canadian citizen and a resident of BC for six months immediately before election day. Furthermore, to be qualified, the person must have been a resident of the jurisdiction (as per s 64) for at least 30 days immediately before election day.		To be eligible to vote, a person must normally be a Canadian citizen and 18 years of age or older on the day the election is held. A person qualified in such a way must be a Canadian citizen and a resident of BC for six months immediately before election day. Furthermore, to be qualified, the person must have been a resident of the jurisdiction (as per section 64) for at least 30 days immediately before election day.

	A person who qualifies as outlined above with the exception that they do not reside in the municipality may still vote in an election if they are the owner or tenant of property in that municipality (section 66). The general residency rules are similar to those outlined in the ''BC Election Act''.		A person who qualifies as outlined above with the exception that they do not reside in the municipality may still vote in an election if they are the owner or tenant of property in that municipality (section 66). The general residency rules are similar to those outlined in the ''BC Election Act''.