Difference between pages "How to Apply for a Citizenship Grant (17:VI)" and "The Right to Vote (5:VII)"

Revision as of 22:12, 16 August 2021

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on June 30, 2021.

A. Introduction

The right to participate in the selection of their elected representatives is a basic right enjoyed by the citizens of any democracy. While this has always been recognized to some extent in Canada, in 1982 the right to vote was entrenched in the constitution by section 3 of the Canadian Charter of Rights and Freedoms. Under section 3, “[e]very citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein”.

While this right is qualified by section 1 of the Charter, it is not subject to the overriding power provision (the “notwithstanding clause”) of section 33. As a result, any government wishing to place restrictions on the right to vote must do so in a manner that is reasonable and demonstrably justified in a free and democratic society under section 1.

In this chapter, the discussion of voting rights will focus primarily on the requirements a person must meet to be eligible to vote in provincial, federal, and municipal elections.

B. 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.

1. General Information

The province is divided into various electoral districts, each represented by an elected Member of the Legislative Assembly (MLA). Each district has a registrar of voters whose duty is to ensure that the election of candidates in that district is carried out properly. The elections process is supervised by the Chief Electoral Officer. Elections BC can be contacted at:

Elections British Columbia

Online	Website Email: electionsbc@elections.bc.ca
Address	P.O. Box 9275 Stn Provincial Government Victoria, BC V8W 9J6
Phone	Toll-free: 1-800-661-8683

2. Who Is Eligible to Vote

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 Re Yukon Election Residency Requirements, [1986] 2 BCCR (2d) 50 (CA), BC’s 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.

Keep in mind that this is just a general guide, and is not meant to be an exhaustive list. Consult the Election Act for more detailed and extensive information.

Section 32 of the Election Act provides that individuals may only vote in an electoral district in which they are a resident. The Act defines a residence as the place where a person’s habitation is fixed, and to which, if they are absent, they intend to return. Note the following additional considerations:

Leaving one’s home temporarily does not affect one’s residency status, but if a person leaves with the intention to remain away either indefinitely or permanently, that person loses their status as a resident in BC.
Persons entering the province temporarily are not considered to be resident for election purposes.
Generally, a person's residence is the place where their family resides, but if a person moves out of the family home and does not intend to return, the person's residence will be the new place they have moved to.
Single people reside where they sleep, regardless of where they eat or work.
A change of residence occurs only if a person moves to and intends to remain in another place.
Canadian military personnel who reside in BC do not lose their resident status by leaving the province for extended periods of time in the course of their employment. Spouses and children who accompany military personnel may also retain their BC residence status.

3. Registration and Voting Procedures

Eligible voters who are not presently on the voters’ list in their district may obtain an application form from the registrar of the Electoral District in which they reside. Occasionally the Registrar General will hire Deputy Registrars to visit residences to obtain new applications.

Upon receiving an application and being satisfied that the application is valid and correct, the District Registrar will add the applicant’s name to the voters’ list. That person is then eligible to vote in the next provincial election.

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 (s 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 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.

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.”

NOTE: In the 2013 provincial election, prescription pill bottles or inhalers with the applicant’s name were accepted as a valid form of identification. This was done to address the unique challenges the homeless and those without government-issued identification face when exercising their right to vote.

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 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, subsection 269(3) states that a sworn interpreter may be used to translate the required oath to the voter. Under subsection 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.

Section 109 deals with special circumstances whereby voters with physical disabilities or difficulties in reading or writing are able to get assistance in marking their ballots.

Employees are entitled by section 74 to four consecutive hours off during poll hours to attend a polling station, without loss of wages. However, the employer is entitled to choose which four hours are most convenient.

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.

4. Complaints about Elections BC

If you have a complaint about contraventions of the Election Act, RSBC 1996, c 106, Local Elections Campaign Financing Act, SBC 2014, c 18, or the Recall and Initiative Act, RCBC 1996, c 398, you may make a complaint in writing by:

Mail: PO Box 9275 Stn Prov Govt Victoria BC, V8W 9J6

or

Email: investigations@elections.bc.ca

Please see the Elections BC website here for information to include in your complaint: https://elections.bc.ca/resources/investigations/how-to-make-a-complaint/.

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.

Canadian citizens who are 18 years of age or older on election day are generally eligible to vote in federal elections (s 3).

While federal residency requirements do exist, they are more relaxed than those applicable to BC provincial elections. A person may vote only once, in the area in which they are “ordinarily resident” (s 8(1)). This is defined in much the same way as “resident” is defined in section 32 of BC’s Election Act. A person who moves between the enumerator’s visit and the day of the election could be forced to vote in the former riding if ordinarily resident there when the enumeration occurred.

All voters must present one piece of government-issued ID with a photograph and residential address before being allowed to vote (s 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 (s 143(2)(b) and s 143(3)):

provides 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
provides two pieces of identification that establishes the voter's name, and then establishes their residence by swearing an oath in writing that attests to where they live. 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, and an individual who has been vouched for cannot vouch for someone else.

These requirements pose significant challenges to low-income individuals who may have no form of official identification. Further difficulties are created by the rule that an individual may only vouch for one other individual and the requirement that the voucher lives and is on the elector’s list in the same polling station as the intended vouchee.

The provisions relating to vouching, as described above, were brought into force by the Fair Elections Act in December 2014. Under the new provisions, voters who have identification but cannot prove residence will be allowed to sign an oath attesting to where they live, which must then be corroborated by the oath of another voter. However, this leaves voters who have no identification whatsoever with little recourse. This controversial measure could significantly inhibit the ability of low-income citizens and students to vote.

The constitutionality of these requirements was challenged in the British Columbia Supreme Court and the BC Court of Appeal in Henry v Canada (Attorney General), 2014 BCCA 30. In that case, the court found that the legislation was inconsistent with the electoral rights guaranteed in section 3 of the Charter, but constituted a reasonable limit prescribed by law and was demonstrably justifiable in a free and democratic society under section 1 of the Charter. In Ontario, the Council of Canadians and the Canadian Federation of Students have challenged this legislation in the Ontario Superior Court on the grounds that it violates section 3 of the Charter.

Many other provisions of the Canada Elections Act, such as an employee being entitled to receive time off work to cast a ballot, provisions for people with disabilities, and balloting procedures are very similar to BC provincial regulations and thus are not repeated here. Further inquiries and/or complaints can be sent to Stéphane Perrault, the current Chief Electoral Officer, at:

Elections Canada

Online	Website
Address	350 Victoria Street Gatineau, Quebec K1A OM6
Phone	1-800-463-6868

Please see the following link for more information on making complaints about federal elections: https://www.elections.ca/content.aspx?section=vot&dir=faq&document=faqgen&lang=e#gen3.

Note: Major changes to the Canada Election Act in June 2014 included 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.

The Supreme Court of Canada struck down previous prohibitions preventing inmates from voting in 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

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.

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 thus qualified 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.

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 (s 66). The general residency rules are similar to those outlined in the BC Election Act.

Applications to register should be made to the clerk of the municipality.

Voters who are not yet registered on election day may apply to have their name added to the list on election day in a manner similar to that used in provincial elections (see sections 72-73).

A person who is unable to produce identification can be registered as a voter. In order to do so, the individual must complete an application for registration and be accompanied by someone who is a registered voter in the applicant’s electoral district, an adult family member, or someone who has the authority to make personal care decisions in respect of the applicant. The applicant and the voucher must both make a solemn declaration, in writing, as to the applicant's identity and place of residence. A person can only vouch for one person, and an individual who has been vouched for cannot vouch for another person.

NOTE: A literal interpretation of both the Canada Elections Act RSC 2000, c 9, and the BC Election Act, RSBC 1996, c 106, suggests that it is practically impossible for a homeless person to vote. However, the provincial electoral officer facilitates voting by homeless people through an administrative policy of allowing a flexible definition of “residence”.

@@ Line 1: / Line 1: @@
-{{REVIEWED LSLAP | date= August 16, 2021}}
+{{REVIEWED LSLAP | date= June 30, 2021}}
-{{LSLAP Manual TOC|expanded = citizenship}}
+{{LSLAP Manual TOC|expanded = complaints}}
-== A. The Process ==
+== A. Introduction ==
-=== 1. Mail-in Process ===
+The right to participate in the selection of their elected representatives is a basic right enjoyed by the citizens of any democracy. While this has always been recognized to some extent in Canada, in 1982 the right to vote was entrenched in the constitution by section 3 of the ''Canadian Charter of Rights and Freedoms''. Under section 3, “[e]very citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein”.
-A citizenship application must be mailed in using the proper forms provided by IRCC. The new forms are easy to understand and to complete. To order a citizenship application, consult the IRCC website '''(see [[Governing Legislation and Resources on Citizenship (17:II)#B. Resources | Section II.B: Resources]])'''. In-person application assistance is not available from IRCC.
+While this right is qualified by section 1 of the ''Charter'', it is not subject to the overriding power provision (the “notwithstanding clause”) of section 33. As a result, any government wishing to place restrictions on the right to vote must do so in a manner that is reasonable and demonstrably justified in a free and democratic society under section 1.
-The IRCC publishes ''Discover Canada: The Rights and Responsibilities of Citizenship'', a book that gives general information regarding the right to vote in elections and run for elected office, voting procedures, and chief characteristics of Canadian physical and political geography. It will help the applicant answer questions in the written test he or she must take to become a citizen. This book is mailed to the applicant after the application for a citizenship grant has been received at the case processing centre. Alternatively, Discover Canada is available on IRCC’s website and a link to it is provided in a letter from IRCC.
+In this chapter, the discussion of voting rights will focus primarily on the requirements a person must meet to be eligible to vote in provincial, federal,
+and municipal elections.
-An application should be completed as fully as possible. Only the full legal names of the person seeking citizenship will appear on the certificate of citizenship. The name on the permanent resident document will appear on the certificate of citizenship unless legal name change documents have been submitted.
+== B. British Columbia Provincial Elections ==
-=== 2. Materials Required with Application ===
+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.
-'''Individuals should carefully fill in all the forms they receive in the mail or from the website. Those forms will be the most current and can be found at:''' http://www.cic.gc.ca/english/citizenship/become.asp.
+=== 1. General Information ===
-The application will list the documents that are needed, which will vary depending on the applicant’s particular situation. Any document that is not in English or French must be accompanied by the English or French translation and by an affidavit from the person who completed the translation. Documents that are usually required with all applications are:<br>
-:a)	A birth certificate or other satisfactory proof of the applicant’s date and place of birth;
-:b)	Record of Landing or Permanent Resident Card;
-:c)	Satisfactory language evidence;
-:d)	Satisfactory proof of entry into Canada and of lawful admission for permanent residence. This could include passport(s) or a Certificate of Identity;
-:e)	A Certificate of Marriage or legal name change document if the applicant’s name has recently changed;
-:f)	Photocopies of all valid and expired passports or travel documents you had in the past 5 years. If you don’t have these documents or there are gaps in time between travel documents, an explanation will be needed; and
-:g)	Photocopies of personal identity documents:  e.g. driver’s license, health insurance card, senior citizen’s card, age of majority card.
-In addition to these documents, the applicant must supply two identical photographs that:
+The province is divided into various electoral districts, each represented by an elected Member of the Legislative Assembly (MLA). Each  district has a registrar of voters whose duty is to ensure that the election of candidates in that district is carried out properly. The elections process is supervised by the Chief Electoral Officer. Elections BC can be contacted at:
-:a)	have been taken within the last six months.
+'''Elections British Columbia'''
-:b)	The photographs must show the full front view of the head, with the face in the middle of the photograph, and include the top of the shoulders.
-:c)	must be 50 mm (2″) by 70 mm (2 3/4").
+{{ResourcesLSLAP
+| address = P.O. Box 9275 Stn  Provincial Government <br /> Victoria, BC V8W 9J6
+| phone = Toll-free: 1-800-661-8683 <br />
+| online = [http://www.elections.bc.ca Website] <br /> Email: electionsbc@elections.bc.ca
+}}
-:d)	The size of the head, from chin to crown, must be between 31 mm (1 1/4″) and 36 mm (1 7/16″).
+=== 2. Who Is Eligible to Vote ===
-:e)	Crown means the top of the head or (if obscured by hair or a head covering) where the top of the head or skull would be if it could be seen.
+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.
-=== 3. Fees ===
+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 BCCR (2d) 50 (CA), BC’s 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.
-The fee is $630 for an adult grant. This amount includes a $530 processing fee and a $100 Right of Citizenship fee. The fee for children under 18 is only the $100 processing fee. The processing fee is not refundable unless the applicant withdraws his or her application before processing begins. The Right of Citizenship fee is refundable if the applicant is not approved for citizenship. Fees change regularly. The most recent information about applicable fees may be obtained from the IRCC website (see '''Section II.B: Resources'''); see also the ''Citizenship Regulations'', SOR/93-246 in which the fees are proscribed.
+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''.
-If you go to the [http://www.cic.gc.ca/english/information/fees/fees.asp IRCC website], there is a useful fee list, which may be used to determine the applicable fees for all applicants.
+Keep in mind that this is just a general guide, and is not meant to be an exhaustive list. Consult the ''Election Act'' for more detailed and extensive information.
-Payment must be made online at [http://www.cic.gc.ca www.cic.gc.ca].
+Section 32 of the ''Election Act'' provides that individuals may only vote in an electoral district in which they are a resident. The ''Act'' defines a residence as the place where a person’s habitation is fixed, and to which, if they are absent, they intend to return. Note the following additional considerations:
+*Leaving one’s home temporarily does not affect one’s residency status, but if a person leaves with the intention to remain away either indefinitely or permanently, that person loses their status as a resident in BC.
-'''NOTE:''' In January 2019, a Federal Court in Ottawa (''Tammy Lynn Mayes and Justice for Children and Youth  v The Minister of Citizenship and Immigration'')  ruled that a Minister may exercise discretion and waive the applicable processing fees to alleviate cases of statelessness or of special and unusual hardship or to reward services of an exceptional value to Canada.
+*Persons entering the province temporarily are not considered to be resident for election purposes.
+*Generally, a person's residence is the place where their family resides, but if a person moves out of the family home and does not intend to return, the person's residence will be the new place they have moved to.
+*Single people reside where they sleep, regardless of where they eat or work.
+*A change of residence occurs only if a person moves to and intends to remain in another place.
+*Canadian military personnel who reside in BC do not lose their resident status by leaving the province for extended periods of time in the  course of their employment. Spouses and children who accompany military personnel may also retain their BC residence status.
-=== 4. Filing ===
+=== 3. Registration and Voting Procedures ===
-After the application form is correctly completed and the client collects all the required materials (documents and photographs), the form, all documents, and fee receipt should be sent to the Case Processing Centre in Sydney, Nova Scotia. If a family wishes to be processed together, all applications should be submitted in the same envelope. Starting from June 3, 2013, all family members who apply together on one citizenship application will no longer be approved at the same time. Applicants who pass the test will now be processed independent of other family members.
+Eligible voters who are not presently on the voters’ list in their district may obtain an application form from the registrar of the Electoral   District in which they reside. Occasionally the Registrar General will hire Deputy Registrars to visit residences to obtain new applications.
-See also the IRCC website:
+Upon receiving an application and being satisfied that the application is valid and correct, the District Registrar will add the applicant’s name to the voters’ list. That person is then eligible to vote in the next provincial election.
-[http://www.cic.gc.ca/english/citizenship/become-how.asp www.cic.gc.ca/english/citizenship/become-how.asp]
-=== 5. After Filing the Application ===
+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 (s 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 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.
-'''NOTE:''' It is anticipated that the minimum and maximum age requirements will change soon.  Users of this service are advised to seek current information from the [http://www.cic.gc.ca/english/index.asp IRCC website] on the age requirements.
+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.”
-Once the Registrar receives the application and supporting documents, the Department will begin processing the application and determine whether the applicant meets the requirements of the Act. When it has been determined that an applicant is eligible to apply for citizenship, and they have passed the required clearances, they are scheduled for a citizenship test and an interview with a citizenship official. If the applicant is between the ages of 18 and 54, he or she must pass a test about Canada’s history, geography and the rights and responsibilities of citizenship. The applicant is given at least seven days (usually two - three weeks) written notice prior to the date of the examination. If the applicant is '''55 years or older''' he or she does not have to write the test, however, they are still required to attend an interview.
+'''NOTE:''' In the 2013 provincial election, prescription pill bottles or inhalers with the applicant’s name were accepted as a valid form of  identification. This was done to address the unique challenges the homeless and those without government-issued identification face when exercising their right to vote.
-Where an applicant has failed to provide all materials relating to the application, the Registrar will give notice to the applicant to provide the appropriate materials. If the applicant fails to comply with this notice, the Registrar will send a second notice. Failure to comply with the second notice will result in the abandonment of the application, and the applicant will have to file a new application.
+When an election writ is issued, the District Registrar will advertise in newspapers announcing the closing day for applications to register.
-=== 6. Processing Time ===
+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 IRCC website, the total processing time for a routine application for citizenship varies (Please refer to the IRCC website to see current processing times). An application is considered routine if:
-a)	All the necessary documents and correct fees are received by IRCC,
+If a voter does not understand English, subsection 269(3) states that a sworn interpreter may be used to translate the required oath to the voter. Under subsection 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.
-b)	The applicant meets the residence requirement,
+Section 109 deals with special circumstances whereby voters with physical disabilities or difficulties in reading or writing are able to get assistance in marking their ballots.
-c)	The applicant is not subject to any immigration, security or criminal prohibitions,
+Employees are entitled by section 74 to four '''consecutive hours''' off during poll hours to attend a polling station, without loss of wages. However, the employer is entitled to choose which four hours are most convenient.
-d)	The applicant passes the citizenship test, and
+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.
-e)	The applicant does not need a hearing with a citizenship judge.
+=== 4. Complaints about Elections BC ===
+If you have a complaint about contraventions of the ''Election Act'', RSBC 1996, c 106, ''Local Elections Campaign Financing Act'', SBC 2014, c 18, or the ''Recall and Initiative Act'', RCBC 1996, c 398, you may make a complaint in writing by:
+Mail:
+PO Box 9275 Stn Prov Govt
+Victoria BC, V8W 9J6
-'''NOTE:''' Due to COVID-19, IRCC processing times have increased, and there is limited capacity to process citizenship applications and provide processing timelines.
+or
-'''NOTE:''' If a candidate has an emergency, they can request urgent processing of their citizenship application. More information can be found on the [https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/citizenship.html IRCC website].
+Email: investigations@elections.bc.ca
-== B. The Citizenship Interview and Test ==
+Please see the Elections BC website here for information to include in your complaint: [https://elections.bc.ca/resources/investigations/how-to-make-a-complaint/ https://elections.bc.ca/resources/investigations/how-to-make-a-complaint/].
-=== 1. Interview and Test ===
+== C. Federal Elections ==
-All adult applicants and some minor applicants will be scheduled for a meeting with a citizenship officer, which is generally referred to as an “interview”. This interview happens the same day that the citizenship test is scheduled, and is conducted at the test location. .  IRCC is now moving towards online citizenship tests, rather than in-person ones. In that case, your interview may be conducted at a later date.
+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.
-For the interview, the applicant must bring with them their passports and other documents that they provided as part of their citizenship application. They should be prepared to speak briefly with the citizenship officer conducting the Interview in English or French, and the officer may ask questions about the application (such as requesting clarification on travel dates or other facts that are material to the application).
+Canadian citizens who are 18 years of age or older on election day are generally eligible to vote in federal elections (s 3).
-Where an applicant meets a minimum language requirement (which are assessed at the interview), meets the residency requirements, and has no suspected prohibitions, he or she will be required to take a written examination if his or her age is between 18 and 54 years. Applicants may be able to have an oral test instead if they have problems like difficulty in reading and writing in English or French. The examination consists of multiple-choice questions and true or false questions. It tests an applicant’s knowledge of Canada, including aspects of history, geography, economy, government, laws, symbols, and citizens’ rights and responsibilities. There will be 20 questions and an applicant needs to get 15 correct answers to pass the test. It is mandatory for citizenship applicants to correctly answer two questions related to s 15(a) of the Citizenship Regulations and one question related to s 15(b). Subsection 15(a) sets out the right to vote and run for elected office and s 15(b) deals with voting procedures. Applicants who fail their first citizenship test, but otherwise met all other criteria, have the opportunity to rewrite the test about 4-8 weeks later before being referred to a citizenship officer. If the applicant passes the test, he or she returns later for the citizenship ceremony.
+While federal residency requirements do exist, they are more relaxed than those applicable to BC provincial elections. A person may vote only  once, in the area in which they are “ordinarily resident” (s 8(1)). This is defined in much the same way as “resident” is defined in section 32 of BC’s ''Election Act''. A person who moves between the enumerator’s visit and the day of the election could be forced to vote in the former riding if ordinarily resident there when the enumeration occurred.
-Questions in the citizenship test are based on the information provided in a free booklet called ''Discover Canada: The Rights and Responsibilities of Citizenship''. IRCC will send this booklet to applicants once their applications for citizenship are filed. [http://www.cic.gc.ca/english/resources/publications/discover/ A PDF version of the booklet] can also be downloaded from the IRCC website.
+All voters must present one piece of government-issued ID with a photograph and residential address before being allowed to vote (s 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 (s 143(2)(b) and s 143(3)):
+#provides 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
+#provides two pieces of identification that establishes the voter's name, and then establishes their residence by swearing an oath in  writing that attests to where they live. 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, and an individual who has been vouched for cannot vouch for someone else.
-The test takes place in a relatively informal environment where the applicants are required to write the exam on their laps. The majority of people find the 30 minutes provided to be sufficient to finish the exam. However, people who lack adequate knowledge of English or French could experience difficulties with passing the test.
+These requirements pose significant challenges to low-income individuals who may have no form of official identification. Further difficulties are created by the rule that an individual may only vouch for one other individual and the requirement that the voucher lives and is on the elector’s list in the same polling station as the intended vouchee.
-'''NOTE:''' Due to COVID-19, citizenship tests and interviews are now conducted online.
+The provisions relating to vouching, as described above, were brought into force by the ''Fair Elections Act'' in December 2014.  Under the new provisions, voters who have identification but cannot prove residence will be allowed to sign an oath attesting to where they live, which must then be corroborated by the oath of another voter.  However, this leaves voters who have no identification whatsoever with little recourse.  This controversial measure could significantly inhibit the ability of low-income citizens and students to vote.
-'''NOTE:''' A local non-profit organization, the B.C. Civil Liberties Association, publishes ''The Citizenship Handbook'', a free guide intended to help introduce new Canadians to the country’s political process. The handbook is available in English, Chinese, Spanish, Vietnamese, and Punjabi. Call (604) 687-2919 for more information.
+The constitutionality of these requirements was challenged in the British Columbia Supreme Court and the BC Court of Appeal in ''[https://www.canlii.org/en/bc/bcca/doc/2014/2014bcca30/2014bcca30.html?autocompleteStr=Henry%20v%20Canada%20(Attorney%20General)%2C%202014%20BCCA%2030&autocompletePos=1 Henry v Canada (Attorney General)]'', 2014 BCCA 30. In that case, the court found that the legislation was inconsistent with the electoral rights guaranteed in section 3 of the ''Charter'', but constituted a reasonable limit prescribed by law and was demonstrably justifiable in a free and democratic society under section 1 of the ''Charter''. In Ontario, the Council of Canadians and the Canadian Federation of Students have challenged this legislation in the Ontario Superior Court on the grounds that it violates section 3 of the ''Charter''.
-=== 2. Citizenship Judge ===
+Many other provisions of the ''Canada Elections Act'', such as an employee being entitled to receive time off work to cast a ballot,  provisions for people with disabilities, and balloting procedures are very similar to BC provincial regulations and thus are not repeated here. Further inquiries and/or complaints can be sent to Stéphane Perrault, the current Chief Electoral Officer, at:
-In situations where the person is illiterate, does not meet the residency requirement, is suspected of some prohibition, or fails the written test, he or she will be requested to attend an oral hearing with a Citizenship Judge. The oral interview offers a second chance to those who fail the written examination.  It is to be noted that Citizenship Judges are Canadian Federal Government employees and are not appointed through the methods used for other Federal Judge positions.
+'''Elections Canada'''
-'''It should be noted that diversion to a citizenship judge can add significant time to processing and is not always successful, so if the client can avoid this through adequate preparation they should do so.'''
+{{ResourcesLSLAP
+| address = 350 Victoria Street <br /> Gatineau, Quebec K1A OM6
+| phone = 1-800-463-6868
+| online = [http://www.elections.ca Website]
+}}
-The purpose of the hearing is to determine whether or not the applicant fulfils the requirements of the ''Citizenship Act'' to become a citizen. Friends and relatives of the applicant may ask to attend the hearing but it is the judge’s discretion whether to allow them to attend. Applicants should bring all relevant documents to the hearing, such as passport(s), IMM1000 (record of landing), confirmation of permanent residence, permanent resident card, separation or divorce papers, and any additional proof of residency in Canada.
+Please see the following link for more information on making complaints about federal elections: [https://www.elections.ca/content.aspx?section=vot&dir=faq&document=faqgen&lang=e#gen3 https://www.elections.ca/content.aspx?section=vot&dir=faq&document=faqgen&lang=e#gen3].
-During the interview, the judge will ask the applicant simple oral questions based on the instructional materials to decide if the applicant has adequate knowledge of French or English. The applicant must show that his or her vocabulary in the language is appropriate for conducting day-to-day activities with the general public and that he or she comprehends simple, spoken sentences in the past, present, and future tenses and can express him or herself similarly. The judge will also evaluate whether the applicant has adequate knowledge of Canada and the rights and responsibilities of citizenship, especially the right to vote and participate in the country’s political life.
-If a client is nervous or needs help preparing for the interview, various school boards, community colleges, and voluntary organizations, such as the Immigration Services Society of B.C., provide training courses for this purpose. This series of learning classes, held once or twice weekly, is conducted in English or bilingually, so a basic understanding of English is essential to benefit from it. Applicants may phone those organizations for more information.
-The applicant must inform the citizenship office if he or she is unable to attend the scheduled hearing. If the applicant does not appear, the file will be held for 60 days. If, at the end of 60 days, the applicant has still not contacted the citizenship office and provided a valid reason for failing to show up, a second notice is sent to the applicant by registered mail. If the applicant still fails to show; the file will be considered abandoned. In the event of abandonment, the applicant must make a new application and pay a new fee, as no further action will be taken with respect to the old one.
+'''Note:''' Major changes to the ''Canada Election Act'' in June 2014 included 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.
-== C. The Oath of Citizenship and the Citizenship Ceremony ==
+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.
-If an application is approved, successful applicants are notified in writing to attend a formal ceremony to receive their citizenship certificates. Most ceremonies are held at the citizenship office. Successful applicants must bring their original (or certified) Immigration Record of Landing (not a photocopy or reproduction) or Permanent Resident card and the Records of any minor children who are becoming citizens with them. Immediately before taking the Oath of Citizenship, the Record of Landing will be stamped, updating the applicant’s status from permanent resident to Canadian citizen.
+== D. Municipal Elections ==
-If the Record of Landing has been lost or stolen, the applicant must notify the police immediately. When successful applicants come to their ceremony, they must bring satisfactory evidence that they have reported the loss or theft to the police, and will also be required to complete a statutory declaration.
+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.
-'''NOTE:''' If the applicant forgets to bring the Record of Landing or evidence of a reported loss or theft, local office staff will make arrangements for the applicant to return with the necessary papers to another ceremony or, where applicable, exercise their discretion to allow the applicant to participate in a ceremony with the understanding that he or she will become a citizen, but only receive the commemorative document at that time. In that case, the applicant’s file with the citizenship certificate will be kept in the local office until the applicant brings or sends the Record of Landing to be stamped. Citizenship certificates not picked up within a reasonable time will be destroyed. The client will need to apply for a new certificate.
+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 thus qualified 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.
-Citizenship ceremonies are open to the public. Applicants who are 14 years of age or over on the day they are granted citizenship are required to take the oath of citizenship, which is repeated after a judge.
+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 (s 66). The general residency rules are similar to those outlined in the ''BC Election Act''.
-:OATH OR AFFIRMATION OF CITIZENSHIP
+Applications to register should be made to the clerk of the municipality.
-:“I swear (or affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Queen of Canada, Her Heirs and Successors, and that I will faithfully observe the laws of Canada and fulfil my duties as a Canadian Citizen.”
+Voters who are not yet registered on election day may apply to have their name added to the list on election day in a manner similar to that used in provincial elections (see sections 72-73).
-== D. Judicial Reviews ==
+A person who is unable to produce identification can be registered as a voter. In order to do so, the individual must complete an application for registration and be accompanied by someone who is a registered voter in the applicant’s electoral district, an adult family member, or someone who has the authority to make personal care decisions in respect of the applicant. The applicant and the voucher must both make a solemn declaration, in writing, as to the applicant's identity and place of residence. A person can only vouch for one person, and an individual who has been vouched for cannot vouch for another person.
-Where an application has not been approved, the applicant will be notified of the decision, the reasons for the decision, and his or her right to judicial review. All judicial reviews are made to the Federal Court of Canada. If an applicant decides to seek judicial review, a Notice of Application must be filed in the Court Registry within '''30 days''' of the date the notice of refusal was received. All decisions of the Federal Court are final. However, applicants are free to reapply at any time.
+'''NOTE:''' A literal interpretation of both the ''Canada Elections Act'' RSC 2000, c 9, and the ''BC Election Act'', RSBC 1996, c 106,  suggests that it is practically impossible for a homeless person to vote. However, the provincial electoral officer facilitates voting by homeless people through an administrative policy of allowing a flexible definition of “residence”.
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