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APPENDIX B – CANADA ELECTIONS ACT PROVISIONS REQUIRING AMENDMENTS TO INCLUDE INDIGENOUS LANGUAGES ON BALLOTS[1]

 

Candidate Nomination Process

  • The prospective candidate must complete a nomination paper where they register the name that they wish to have appear on the ballot (subparagraph 66(1)(a)(i) of the CEA). The prospective candidate may request that a name by which they are commonly known be registered to appear on the ballot (subparagraph 66(1)(a)(i.1) of the CEA).
  • Under section 66(2) of the CEA, the name of the candidate shall not include any title, degree or other prefix or suffix.
  • Under section 67(2) of the CEA, a prospective candidate shall prove their identity with one piece of identification issued by a government or two pieces of identification authorized by the Chief Electoral Officer.

Ballot and Special Ballot Format

  1. Ballot
    • Form 3 of Schedule 1 of the CEA provides the ballot form. It includes an image of the ballot used by EC.
    • Pursuant to Form 3 of Schedule 1 of the CEA, ballots are in English and French. Only Latin alphabet characters appear on the Form 3 ballot.
    • Pursuant to Form 3 of Schedule 1 of the CEA, the CEA provides that EC has the obligation to provide ballots in both official languages. However, even if the names of candidates and political parties must be written using Latin characters, they do not necessarily have to be in English or French.
    • Section 117(1) of the CEA provides that ballots shall contain the names of candidates arranged alphabetically. The mention of alphabetical order in section 117(1) refers to the Latin alphabet, as ballots are, for now, published in English and French.
  2. Special Ballot
    • Under section 186 of the CEA, special ballots shall be in accordance with Form 4 of Schedule 1, which includes an image of the ballot used by EC.
    • Form 4 of Schedule 1 of the CEA provides the exact form of special ballots, which are in English and French. On these ballots, electors are asked to write the given name and surname of the candidate of their choice.
    • Under sections 213(2), 227 and 258 of the CEA, electors shall write the given name and surname of the candidate of their choice. The CEA does not include any provisions regarding the language in which electors can write the name of the candidate of their choice. Pursuant to Form 4 of Schedule 1, it is presumed that electors will use the Latin alphabet and one of the two official languages, as the ballot is available in English and French only.
    • Sections 269(2) and 279(2) of the CEA provide that no special ballot shall be rejected for the sole reason that the elector has incorrectly written the name of the candidate of their choice if the ballot clearly indicates the elector’s intent.
    • Paragraphs 269(1)(e) and 279(1)(e) of the CEA provide that a ballot shall be rejected if there is any writing or mark on it by which the elector could be identified.

Requirements for Printing Ballots

  • Section 116(1) of the CEA provides that ballots shall be printed according to Form 3 of Schedule 1 as soon as possible after 2:00 p.m. on the 19th day before polling day.
  • Sections 116(2) and 116(3) of the CEA provide that ballots shall have a counterfoil and a stub, with a line of perforations between the ballot and the counterfoil and between the counterfoil and the stub. In addition, ballots shall be numbered on the back of the stub and the counterfoil.

Miscellaneous

  • Paragraphs 385(2)(a) and 385(2)(b) of the CEA provide that the leader of a political party may apply to register the party. To that end, they shall provide the political party’s full name and the party’s short-form name (or its abbreviation). According to section 117(2), ballots include the political party’s short-form name as referred to in paragraph 385(2)(b).

Under the approach adopted by Parliament regarding the inclusion of Indigenous languages on ballots, other legislative amendments related to the production of ballots will inevitably be required in order to meet certain established deadlines and fulfill other CEA requirements, or to allow a successful implementation. As an example, the provisions related to the closing day for nominations, the length of the election period and the list of candidates must be modified to ensure a successful implementation of the selected approach.


[1]              Chief Electoral Officer, Letter to the Hon. Bardish Chagger, 11 April 2022, Appendix 2.