4th Session, 40th Legislature

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Bill 45


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. E30 amended

1           The Elections Act is amended by this Act.

2           Subsection 17(2) is amended by striking out "the day a candidate is declared elected" and substituting "14 days after election day".

3           Subsection 34(3) is amended by adding "the appointment ends or" after "remain on the website until".

4           The following is added after section 44:


Appointing interpreters and office staff

44.1        When an election is called for an electoral division, the returning officer may

(a) appoint persons to perform administrative duties at the returning office; and

(b) appoint an interpreter to translate any information required to be provided under this Act.

5           Subsection 46(1) is replaced by the following:

Replacing person appointed by returning officer

46(1)       In any of the circumstances mentioned in section 39, a returning officer may

(a) rescind the appointment of a person whom the returning officer appointed under this Act; and

(b) appoint a replacement.

6(1)         The section heading for subsection 64(5) is replaced with "Separate voting area — multiple residence of at least 100 units".

6(2)        The following is added after subsection 64(5):

Separate voting area — multiple residence of fewer than 100 units

64(5.1)     If the chief electoral officer approves, the returning officer may establish a separate voting area for an apartment, condominium complex or other multiple residence containing fewer than 100 units, where the majority of the residents are seniors or persons with disabilities.

7           The following is added after subsection 66(1):

Additional information — gender and date of birth

66(1.1)     To facilitate the creation of an accurate permanent voters list in Manitoba for elections held in 2020 and afterwards, the enumerator must also ask each eligible voter enumerated to provide his or her gender and date of birth.

8           The following is added after subsection 74(2):

Gender and date of birth excluded

74(2.1)     A voter's gender and date of birth must not be included on the preliminary voters list or on any subsequent voters list that is prepared under this Act.

9           Subsection 75(1) is replaced with the following:

Providing copies of preliminary voters list

75(1)       The returning officer must provide a copy of the preliminary voters list to

(a) the chief electoral officer; and

(b) each candidate in the election, as candidate is defined in this Act or The Election Financing Act.

10          The following is added after subsection 115(3):

Additional information

115(3.1)    The voting officer or registration officer must ask a person applying under subsection (3) to provide his or her gender and date of birth, but providing that information is not a requirement for voting.

11          Subsection 120(2) is amended by striking out "retain" and substituting "use".

12          The following is added after subsection 137(1):

Co-located facility or residence

137(1.1)    If the chief electoral officer approves, the returning officer may extend an institutional voting station established under clause (1)(a) to a co-located facility or residence where seniors or persons with disabilities reside.

13          The following is added after subsection 143(2):

Additional information

143(2.1)    An applicant may be asked to provide his or her gender and date of birth in an application to vote as an absentee.

14          The following is added after subsection 151(2):

Additional information

151(2.1)    An applicant may be asked to provide his or her gender and date of birth in an application to vote as a homebound voter.

Coming into force

15          This Act comes into force on the day it receives royal assent.

Explanatory Note

In June of 2013, the Chief Electoral Officer submitted to the Speaker of the Assembly a study respecting a permanent voters list for Manitoba provincial elections. Among other things, the study concluded that:

  • A permanent voters list could be established within four years after the next general election.
  • To prepare for a permanent voters list, voters enumerated for the next general election should be requested to provide their gender and date of birth in addition to their name and address. Having that information would allow each voter to be uniquely identified, which would facilitate the creation of an accurate and up-to-date permanent voters list.

In preparation for the 2016 general election, this Bill amends The Elections Act to enable enumerators to ask eligible voters to provide their gender and date of birth. The same information will be requested when voters apply to have their name added to the voters list on election day or during advance voting, or when voters apply to vote as an absentee or homebound voter. The information that is collected will form the basis for a permanent voters list to be used for any election held in 2020 and afterwards.

The Bill makes other minor amendments to the Act recommended by the Chief Electoral Officer, including allowing separate voting stations in residences for seniors and people with disabilities. It also permits a voting station already established for a health care facility to be used for voting by seniors and people with disabilities who live in a co-located residence.