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). Under the statute, persons can be disqualified from voting for a variety of reasons (e.g., for incarceration or for corrupt or illegal practices).

However, the Supreme Court of Canada struck down the prohibition preventing inmates from voting inSauve in ''Sauve 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 Federal Court of Canada has held that people with mental disabilities do have the right to vote: see ''Canadian Disability Rights CouncilvCanadaCouncil v Canada'', [1988] 3 FC 622.

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 she is “ordinarily resident”. This is defined in much the same way as “resident” is defined in section 32 of BC’ s BC’s ''Election Act''. A person who moves between the enumerator’ s 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. If a voter cannot provide the required photo ID, he or she may still be allowed to vote if he or she does one of two things (s 143): 1.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 2.provides two pieces of identification that establishers the voter’ s name, and then establishes his or her 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 live and be on the elector’ s list in the same polling station as the intended vouchee. The constitutionality of these requirements was challenged in the British Columbia Supreme Court in Henry v Canada (Attorney General), 2010 BCSC 610. 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. The provisions relating to vouching, as described above, were brought into force by the Fair Elections Act on 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. Consequently, 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. 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 can be sent to Marc Mayrand, the current Chief Electoral Officer, at: Elections Canada Chief Electoral Officer 257 Slater Street Ottawa, Ontario K1A OM6 Telephone: 1-800-463-6868 Website: www.elections.ca 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. 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 5-33Prosecutions; 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 theFair 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. 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. 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 50) for at least 30 days immediately before election day. A person who qualifies as outlined above with the exception that he or she does not reside in the municipality may still vote in an election if he or she is the owner or tenant of property in that municipality (s 51). 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 ss 57-57.1). 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”.

next p5These requirements pose significant challenges to low-29income 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 live and be on the elector’s list in the same polling station as the intended vouchee. The constitutionality of these requirements was challenged in the British Columbia Supreme Court in ''Henry v Canada (Attorney General)'', 2010 BCSC 610. 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''.  The provisions relating to vouching, as described above, were brought into force by the ''Fair Elections Act'' on 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. Consequently, 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''.  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 can be sent to Marc Mayrand, the current Chief Electoral Officer, at:  need to format this:Elections Canada Chief Electoral Officer 257 Slater Street Ottawa, Ontario K1A OM6 Telephone: 1-800-463-6868 Website: www.elections.ca  '''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.  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.  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.  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 50) for at least 30 days immediately before election day.  A person who qualifies as outlined above with the exception that he or she does not reside in the municipality may still vote in an election if he or she is the owner or tenant of property in that municipality (s 51). 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 ss 57-57.1).  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”.