1. Persons entitled to vote who are lawfully deprived of their liberty on polling day shall exercise the franchise by voting by proxy. 

2. This limitation shall not apply:

(a) to those who have sufficient de facto freedom of movement on polling day to be able to vote in person;

(b) to those who are entitled to periodic leave under the regime of the institution in which they are detained. 

3. Rules relating to voting by proxy by the persons referred to in subsection 1 may be made by order in council.