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Difference between revisions of "The Right to Vote (5:VII)"

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and municipal elections.  
and municipal elections.  


== B. Governing Legislation and Resources ==
== B. British Columbia Provincial Elections ==
 
=== 1. Legislation ===
 
''Canada Elections Act'', RSC 2000, c 9
 
''Election Act'', RSBC 1996, c 106
 
''Local Government Act'', RSBC 1996, c 323
 
''Vancouver Charter'', SBC 1953, c 55
 
=== 2. Resources ===
 
[http://www.elections.bc.ca Elections British Columbia]
 
[http://www.elections.ca Elections Canada]
 
== C. British Columbia Provincial Elections ==


Eligibility requirements for BC provincial elections are outlined in the ''Election Act'', RSBC 1996, c 106. A student should consult this Act  if a client has a specific problem as the Act is too lengthy to be discussed in detail in this chapter.  
Eligibility requirements for BC provincial elections are outlined in the ''Election Act'', RSBC 1996, c 106. A student should consult this Act  if a client has a specific problem as the Act is too lengthy to be discussed in detail in this chapter.  
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Upon arrival at the polling station, the voter must sign his or her name in a voting book (s 274), and confirm present address. Refusing to comply with this demand will disqualify the voter. Upon receiving a ballot, the voter proceeds to a screened compartment, marks the ballot and  returns the ballot to the Returning Officer, who, in full view of the voter, must place the ballot in the ballot box. The voting must be by a  secret ballot as per section 90. Each individual present at a voting place, including people such as voters and ballot counters, must not interfere with an individual marking a ballot, attempt to discover how an individual voted, or communicate information regarding how another  person voted or marked their ballot. The voter is then required to leave the premises.  
Upon arrival at the polling station, the voter must sign his or her name in a voting book (s 274), and confirm present address. Refusing to comply with this demand will disqualify the voter. Upon receiving a ballot, the voter proceeds to a screened compartment, marks the ballot and  returns the ballot to the Returning Officer, who, in full view of the voter, must place the ballot in the ballot box. The voting must be by a  secret ballot as per section 90. Each individual present at a voting place, including people such as voters and ballot counters, must not interfere with an individual marking a ballot, attempt to discover how an individual voted, or communicate information regarding how another  person voted or marked their ballot. The voter is then required to leave the premises.  


== D. Federal Elections ==
== C. Federal Elections ==


The rules and regulations governing federal elections are set out in the ''Canada Elections Act'', RSC 2000, c 9, and its subsequent  amendments. Many of these rules and regulations are similar to those applicable to BC provincial elections discussed above. A brief survey of  the federal Act is included below.  
The rules and regulations governing federal elections are set out in the ''Canada Elections Act'', RSC 2000, c 9, and its subsequent  amendments. Many of these rules and regulations are similar to those applicable to BC provincial elections discussed above. A brief survey of  the federal Act is included below.  
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'''Note:''' Canada's federal election laws were recently overhauled by the controversial ''Fair Elections Act'', which received royal assent  in June 2014. Most provisions of the Fair Elections Act have come into force. A number of sections will come into force by an order by the  Governor in Council or on dissolution of Parliament, the latter of which will occur at some point prior to the 2015 Federal Election.  
'''Note:''' Canada's federal election laws were recently overhauled by the controversial ''Fair Elections Act'', which received royal assent  in June 2014. Most provisions of the Fair Elections Act have come into force.  


Major changes to the ''Canada Election Act'' include provisions intended to increase penalties for offences, reduce voter fraud, and empower  political parties to drive voter turnout. Specific changes include removing vouching in favour of an oath system where a voter has  identification but cannot prove current residence; moving investigations from Elections Canada to the Director of Public Prosecutions; limiting the powers of Elections Canada; increasing donation limits; adding constraints on robocalls; and some changes to third-party advertising.
Major changes to the ''Canada Election Act'' include provisions intended to increase penalties for offences, reduce voter fraud, and empower  political parties to drive voter turnout. Specific changes include removing vouching in favour of an oath system where a voter has  identification but cannot prove current residence; moving investigations from Elections Canada to the Director of Public Prosecutions; limiting the powers of Elections Canada; increasing donation limits; adding constraints on robocalls; and some changes to third-party advertising.


There has been considerable controversy surrounding the ''Fair Elections Act''. Depending on the results of the 2015 federal election, there may be significant changes to some or all of the CEA provisions in the near future. 
== D. Municipal Elections ==
 
In June 2014, the Council of Canadians and the Canadian Federation of Students announced their intention to challenge this legislation in the  Ontario Superior Court on the grounds that it violates section 3 of the ''Charter''.
 
== E. Municipal Elections ==


Municipal election procedures 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 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.  
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