Canada Elections Act 2000/ Loi électorale du Canada 2000

Canada:
2000 Canada Elections Act
2000 Loi Électorale du Canada

48-49 ELIZABETH II

CHAPTER 9

An Act respecting the election of members to the House of Commons, repealing other Acts relating to elections and making consequential amendments to other Acts

Assented to 31st May, 2000

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title

1. This Act may be cited as the Canada Elections Act.

INTERPRETATION

Definitions

2. (1) The definitions in this subsection apply in this Act.

"advance poll"
« vote par anticipation »

"advance poll" means a vote held under Part 10.

"advance polling station"
«bureau de vote par anticipation »

"advance polling station" means a polling station established under subsection 168(3).

"broadcaster"
« radiodiffuseur »

"broadcaster" means a person who is licensed by the Canadian Radio-television and Telecommunications Commission under the Broadcasting Act to carry on a programming undertaking.

"broadcasting"
« radiodiffusion »

"broadcasting" means broadcasting, as defined in subsection 2(1) of the Broadcasting Act, that is regulated and supervised by the Canadian Radio-television and Telecommunications Commission pursuant to section 5 of that Act.

"Broadcasting Arbitrator"
« arbitre »

"Broadcasting Arbitrator" means the person appointed as Broadcasting Arbitrator under subsection 332(1).

"by-election"
« élection partielle »

"by-election" means an election other than a general election.

"candidate"
« candidat »

"candidate" means a person whose nomination as a candidate at an election has been confirmed under subsection 71(1) and who, or whose official agent, has not complied with sections 451 to 463 and 471 to 475 in respect of that election.

"chief agent"
« agent principal »

"chief agent", in respect of a registered party, means the chief agent named in the application for registration as required by paragraph 366(2)(h).

"close of nominations"
« clôture des candidatures »

"close of nominations" means the deadline for the receipt of nominations set out in subsection 70(2).

"closing day for nominations"
« jour de clôture »

"closing day for nominations" means the day referred to in section 69.

"commercial value"
« valeur commerciale »

"commercial value", in relation to property or a service, means the lowest amount charged at the time that it was provided for the same kind and quantity of property or service or for the same usage of property or money, by:

(a) the person who provided it, if the person is in the business of providing that property or service; or

(b) another person who provides that property or service on a commercial basis in the area where it was provided, if the person who provided the property or service is not in that business.

"Commissioner"
« commissaire »

"Commissioner" means the Commissioner of Canada Elections appointed under section 509.

"common-law partner"
« conjoint de fait »

"common-law partner", in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year.

"contribution"
« contribution »

"contribution" means a monetary contribution or a non-monetary contribution.

"election"
« élection »

"election" means an election of a member to serve in the House of Commons.

"election documents"
« documents électoraux »

"election documents" means the following documents:

(a) the writ with the return of the election endorsed on it;

(b) the nomination papers filed by the candidates;

(d) documents relating to the revision of the lists of electors;

(e) the statements of the vote from which the validation of results was made; and

(f) the other returns from the various polling stations enclosed in sealed envelopes, as required by Part 12, and containing

(i) a packet of stubs and unused ballot papers,

(ii) packets of ballot papers cast for the various candidates,

(iii) a packet of spoiled ballot papers,

(iv) a packet of rejected ballot papers,

(v) a packet containing the list of electors used at the polling station, the written authorization of candidates’ representatives and the used transfer certificates, if any, and

(vi) a packet containing the registration certificates.

"election officer"
« fonctionnaire électoral »

"election officer" means a person referred to in subsection 22(1).

"election period"
« période électorale »

"election period" means the period beginning with the issue of the writ and ending on polling day or, where the writ is withdrawn under subsection 59(1) or is deemed to be withdrawn under section 551, on the day that the writ is withdrawn or deemed to be withdrawn.

"elector"
« électeur »

"elector" means a person who is qualified as an elector under section 3.

"electoral district"
« circonscription »

"electoral district" means a place or territorial area that is represented by a member in the House of Commons.

"eligible party"
« parti admissible »

"eligible party" means a political party that satisfies the criteria set out in section 368.

"judge"
« juge »

"judge", when used to define the judicial officer on whom is conferred specific powers, means

(a) in relation to the Province of Ontario, a judge of the Superior Court of Justice;

(b) in relation to the Province of Quebec, a judge of the Superior Court of Quebec;

(d) in relation to the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, a judge of the Court of Queen’s Bench of the Province;

(e) in relation to the Provinces of Prince Edward Island and Newfoundland, a judge of the Trial Division of the Supreme Court of the Province;

(f) in relation to the electoral district of the Yukon Territory, a judge of the Supreme Court of the Yukon Territory;

(g) in relation to the electoral district of the Northwest Territories, a judge of the Supreme Court of the Northwest Territories;

(h) in relation to the electoral district of Nunavut, a judge of the Nunavut Court of Justice; and

(i) in relation to any place or territory in Canada,

(i) if a vacancy exists or arises in the office of any such judge or if such a judge is unable to act by reason of illness or absence from their judicial district, the judge exercising the jurisdiction of that judge,

(ii) if there is more than one judge exercising that jurisdiction, the senior of them, and

(iii) if no judge is exercising that jurisdiction, a judge designated for the purpose by the Minister of Justice.

"list of electors"
« liste électorale »

"list of electors" means the list showing the surname, given names, civic address and mailing address of every elector in a polling division.

"member"
« député »

"member" means a member of the House of Commons.

"Minister"
« ministre »

"Minister" means the member of the Queen’s Privy Council for Canada designated by the Governor in Council for the purposes of this Act.

"monetary contribution"
« contribution monétaire »

"monetary contribution" means an amount of money provided that is not repayable.

"non-monetary contribution"
« contribution non monétaire »

"non-monetary contribution" means the commercial value of a service, other than volunteer labour, or of property or of the use of property or money to the extent that they are provided without charge or at less than their commercial value.

"oath"
« serment »

"oath" includes a solemn affirmation and a statutory declaration.

"official agent"
« agent officiel »

"official agent" means the official agent appointed by a candidate as required by subsection 83(1).

"official list of electors"
« liste électorale officielle »

"official list of electors" means the list of electors prepared by the returning officer under section 106.

"periodical publication"
« publication périodique »

"periodical publication" means a paper, magazine or periodical that is published periodically or in parts or numbers and that contains public news, intelligence or reports of events, or advertisements.

"personal information"
« renseignements personnels »

"personal information" means personal information as defined in section 3 of the Privacy Act.

"political affiliation"
« appartenance politique »

"political affiliation", in respect of a candidate, means the name of the political party or the word "independent", as the case may be, referred to in subparagraph 66(1)(a)(v) in the statement included in the candidate’s nomination paper.

"polling day"
« jour du scrutin »

"polling day", in relation to an election, means the date fixed under paragraph 57(1)(c) for voting at the election.

"polling division"
« section de vote »

"polling division" means a polling division referred to in section 538.

"polling station"
« bureau de scrutin »

"polling station" means a place established under section 120, 122, 125, 205, 206, 207, 253 or 255 for electors to cast their votes.

"preliminary list of electors"
« liste électorale préliminaire »

"preliminary list of electors" means the list of electors prepared by the Chief Electoral Officer under subsection 93(1).

"prescribed"
« prescrit »

"prescribed", in relation to a form or an oath, means one that is authorized by the Chief Electoral Officer.

"recount"
« dépouillement judiciaire »

"recount" means a recount of votes by a judge under Part 14.

"registered agent"
« agent enregistré »

"registered agent", in relation to a registered party, means a person referred to in section 375 and includes the chief agent of the registered party.

"registered party"
« parti enregistré »

"registered party" means a political party that is entered in the registry of parties referred to in section 374 as a registered party.

"Register of Electors"
« Registre des électeurs »

"Register of Electors" means the Register of Electors established under section 44.

"revised list of electors"
« liste électorale révisée »

"revised list of electors" means the list of electors prepared by the returning officer under section 105.

"spoiled"
« annulé »

"spoiled", in relation to a ballot or a special ballot as defined in section 177, means

(a) one that has not been deposited in the ballot box but has been found by the deputy returning officer to be soiled or improperly printed; or

(b) one that is dealt with under subsection 152(1), including in relation to advance polls by virtue of subsection 171(1), or subsection 213(4), 242(1) or 258(3).

"volunteer labour"
« travail bénévole »

"volunteer labour" means any service provided free of charge by a person outside their working hours, but does not include such a service provided by a person who is self-employed if the service is one that is normally charged for by that person.

"writ"
« bref »

"writ" means a writ of election.

No commercial value

(2) For the purposes of this Act, the commercial value of property or a service is deemed to be nil if

(a) it is provided by a person who is not in the business of providing that property or those services; and

(b) the amount charged for it is $200 or less.

Satisfactory proof of identity and residence

(3) For the purposes of this Act, satisfactory proof of an elector’s identity and satisfactory proof of residence are established by the documentary proof of the elector’s identity and residence that is prescribed by the Chief Electoral Officer.

Time

(4) A reference to a time of day in this Act is a reference to local time.

S.C. 2000, c. 12, s. 40.

PART 1

ELECTORAL RIGHTS

Persons qualified as electors

3. Every person who is a Canadian citizen and is 18 years of age or older on polling day is qualified as an elector.

Disentitlement from voting

4. The following persons are not entitled to vote at an election:

(a) the Chief Electoral Officer;

(b) the Assistant Chief Electoral Officer; and

Prohibition

5. No person may

(a) vote or attempt to vote at an election knowing that they are not qualified as an elector or not entitled to vote under section 4; or

(b) induce another person to vote at an election knowing that the other person is not qualified as an elector or not entitled to vote under section 4.

Persons entitled to vote

6. Subject to this Act, every person who is qualified as an elector is entitled to have his or her name included in the list of electors for the polling division in which he or she is ordinarily resident and to vote at the polling station for that polling division.

Only one vote

7. No elector who has voted at an election may request a second ballot at that election.

Place of ordinary residence

8. (1) The place of ordinary residence of a person is the place that has always been, or that has been adopted as, his or her dwelling place, and to which the person intends to return when away from it.

One place of residence only

(2) A person can have only one place of ordinary residence and it cannot be lost until another is gained.

Temporary absence

(3) Temporary absence from a place of ordinary residence does not cause a loss or change of place of ordinary residence.

Place of employment

(4) If a person usually sleeps in one place and has their meals or is employed in another place, their place of ordinary residence is where they sleep.

Temporary residence

(5) Temporary residential quarters are considered to be a person’s place of ordinary residence only if the person has no other place that they consider to be their residence.

Temporary residential quarters

(6) A shelter, hostel or similar institution that provides food, lodging or other social services to a person who has no dwelling place is that person’s place of ordinary residence.

Interpretation of ordinary residence

9. If the rules set out in section 8 are not sufficient to determine the place of ordinary residence, it shall be determined by the appropriate election officer by reference to all the facts of the case.

Members and persons living with members

10. Each candidate at a general election who, on the day before the dissolution of Parliament immediately before the election, was a member, and any elector living with the candidate on that day who would move, or has moved, with the candidate to continue to live with the candidate, is entitled to have his or her name entered on the list of electors for, and to vote at the polling station that is established for, the polling division in which is located

(a) the place of ordinary residence of the former member;

(b) the place of temporary residence of the former member in the electoral district in which the former member is a candidate;

(d) the place in Ottawa or in the area surrounding Ottawa where the former member resides for the purpose of carrying out parliamentary duties.

Part 11

11. Any of the following persons may vote in accordance with Part 11:

(a) a Canadian Forces elector;

(b) an elector who is an employee in the public service of Canada or of a province and who is posted outside Canada;

(c) a Canadian citizen who is employed by an international organization of which Canada is a member and to which Canada contributes and who is posted outside Canada;

(d) a person who has been absent from Canada for less than five consecutive years and who intends to return to Canada as a resident;

(e) an incarcerated elector within the meaning of that Part; and

(f) any other elector in Canada who wishes to vote in accordance with that Part.

Residence at by-election

12. (1) No elector is entitled to vote at a by-election unless his or her place of ordinary residence on polling day is situated in the same electoral district that includes the polling division in which was situated the elector’s place of ordinary residence at the beginning of the revision period established by section 96.

Address change within electoral district

(2) For the purpose of a by-election only and despite anything in this Act, an elector who, during the period between the beginning of the revision period and ending on polling day, has changed his or her place of ordinary residence from one polling division to another polling division in the same electoral district may register his or her name on the list of electors in the new polling division.

PART 2

CHIEF ELECTORAL OFFICER AND STAFF

Chief Electoral Officer

Appointment of Chief Electoral Officer

13. (1) There shall be a Chief Electoral Officer who shall be appointed by resolution of the House of Commons to hold office during good behaviour. He or she may be removed for cause by the Governor General on address of the Senate and House of Commons.

Term of office

(2) The Chief Electoral Officer ceases to hold office on reaching 65 years of age.

Appointment of substitute

14. (1) In case of the death, incapacity or negligence of the Chief Electoral Officer while Parliament is not sitting, a substitute Chief Electoral Officer shall, on the application of the Minister, be appointed by order of the Chief Justice of Canada or, in the absence of the Chief Justice of Canada, by the senior judge of the Supreme Court of Canada then present in Ottawa.

Tenure of office of substitute

(2) A substitute Chief Electoral Officer shall act as Chief Electoral Officer until 15 days after the beginning of the next session of Parliament unless the Chief Justice of Canada or the judge who made the order to appoint the substitute Chief Electoral Officer sooner directs that the order be revoked.

Absence of Chief Justice

(3) In the absence of both the Chief Justice of Canada and of the judge who made the order to appoint the substitute Chief Electoral Officer, the order may be revoked by any other judge of the Supreme Court of Canada.

Remuneration of substitute

(4) The substitute Chief Electoral Officer is entitled to be paid the remuneration fixed by the Governor in Council.

Rank, powers and duties

15. (1) The Chief Electoral Officer shall rank as and have all the powers of a deputy head of a department, shall perform the duties of the office on a full-time basis and shall not hold any other office under Her Majesty or engage in any other employment.

Salary and expenses of Chief Electoral Officer

(2) The Chief Electoral Officer shall be paid a salary equal to the salary of a judge of the Federal Court, other than the Chief Justice or the Associate Chief Justice of that Court, and is entitled to be paid reasonable travel and living expenses while absent from his or her ordinary place of residence in the course of his or her duties.

Superannuation and compensation

(3) The Chief Electoral Officer is deemed to be employed in the Public Service for the purposes of the Public Service Superannuation Act and to be employed in the public service of Canada for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

Communication with Governor in Council

(4) The Chief Electoral Officer shall communicate with the Governor in Council through the Minister for the purposes of this Act.

Powers and duties of Chief Electoral Officer

16. The Chief Electoral Officer shall

(a) exercise general direction and supervision over the conduct of elections;

(b) ensure that all election officers act with fairness and impartiality and in compliance with this Act;

(c) issue to election officers the instructions that the Chief Electoral Officer considers necessary for the administration of this Act; and

(d) exercise the powers and perform the duties and functions that are necessary for the administration of this Act.

Power to adapt Act

17. (1) During an election period, if an emergency, an unusual or unforeseen circumstance or an error makes it necessary, the Chief Electoral Officer may adapt any provision of this Act and, in particular, may extend the time for doing any act, subject to subsection (2), or increase the number of election officers or polling stations.

Limitation – power to adapt

(2) The Chief Electoral Officer shall not extend the hours within which a returning officer may receive a nomination paper or the voting hours at an advance polling station or, subject to subsection (3), the voting hours on polling day.

Emergency – extending voting hours

(3) If voting at a polling station is interrupted on polling day by an emergency and the Chief Electoral Officer is satisfied that, if the voting hours at the polling station are not extended, a substantial number of electors will not be able to vote, the Chief Electoral Officer shall extend the voting hours at the polling station for the period the Chief Electoral Officer considers necessary to give those electors a reasonable opportunity to vote, as long as the polling station does not in any case

(a) close later than midnight on polling day; or

(b) remain open during polling day for a total of more than 12 hours.

Public education and information programs

18. (1) The Chief Electoral Officer may implement public education and information programs to make the electoral process better known to the public, particularly to those persons and groups most likely to experience difficulties in exercising their democratic rights.

Communication with the public

(2) The Chief Electoral Officer may, using any media or other means that he or she considers appropriate, provide the public, both inside and outside Canada, with information relating to Canada’s electoral process, the democratic right to vote and how to be a candidate.

Information outside Canada

(3) The Chief Electoral Officer may establish programs to disseminate information outside Canada concerning how to vote under Part 11.

Electronic voting process

18.1 The Chief Electoral Officer may carry out studies on voting, including studies respecting alternative voting means, and may devise and test an electronic voting process for future use in a general election or a by-election. Such a process may not be used for an official vote without the prior approval of the committees of the Senate and of the House of Commons that normally consider electoral matters.

S.C. 2001, c. 21, s. 2.

Assistant Chief Electoral Officer and Staff

Staff

19. (1) The staff of the Chief Electoral Officer shall consist of an officer known as the Assistant Chief Electoral Officer, appointed by the Governor in Council, and any other officers, clerks and employees that may be required, who shall be appointed in accordance with the Public Service Employment Act.

Superannuation and compensation

(2) The Assistant Chief Electoral Officer is deemed to be a person employed in the Public Service for the purposes of the Public Service Superannuation Act and to be employed in the public service of Canada for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

Casual and temporary staff

20. Any additional officers, clerks and employees that the Chief Electoral Officer considers necessary for his or her exercise of powers, and discharge of duties, under this Act related to the preparation for, and the conduct of, an election may be employed, in the manner authorized by law, on a casual or temporary basis.

Delegation by Chief Electoral Officer

21. The Chief Electoral Officer may authorize the Assistant Chief Electoral Officer or any other officer on his or her staff to perform any of the Chief Electoral Officer’s functions under this Act.

PART 3

ELECTION OFFICERS

General

Election officers

22. (1) The following persons are election officers:

(a) returning officers appointed under subsection 24(1);

(b) assistant returning officers appointed under subsection 26(1) or 28(5) and additional assistant returning officers appointed under subsection 30(1);

(d) revising agents appointed under paragraph 32(a);

(e) deputy returning officers appointed under paragraphs 32(b) and (c) and subsection 273(1);

(f) poll clerks appointed under paragraphs 32(b) and (c) and subsection 273(1);

(g) registration officers appointed under paragraph 32(d);

(h) information officers appointed under paragraph 124(1)(a);

(i) persons responsible for maintaining order at a central polling place appointed under paragraph 124(1)(b);

(j) central poll supervisors appointed under subsection 124(2);

(k) persons appointed under subsection 290(2) to collect ballot boxes;

(l) the special voting rules administrator appointed under section 181;

(m) special ballot officers appointed under subsection 183(1) or section 184;

(n) liaison officers for correctional institutions appointed under subsection 248(1); and

(o) deputy returning officers and poll clerks for correctional institutions appointed under subsection 253(1).

Election officers – exclusions

(2) For greater certainty, a representative of a candidate who is present at a polling station is not an election officer.

Who shall not be appointed election officers

(3) The following persons shall not be appointed as an election officer:

(a) a minister of the Crown or a member of the executive council of a province;

(b) a member of the Senate or the House of Commons;

(c) a member of the legislature of a province, the Council of the Yukon Territory, the Council of the Northwest Territories or the Legislative Assembly of Nunavut;

(d) a judge or deputy judge of any superior court or any bankruptcy or insolvency court and, in the Yukon Territory and the Northwest Territories, a judge of the Territorial Court;

(d.1) a person who was a candidate at the last general election or at a by-election held since the last general election;

(e) a person who has served in Parliament in the session immediately before the election or in the session in progress at the time of the election; and

(f) a person who, within seven years before the proposed appointment, has been found guilty of any offence under this Act, the Referendum Act or any Act of the legislature of a province relating to provincial, municipal or school board elections.

Qualifications

(4) An election officer must be qualified as an elector and an election officer referred to in any of paragraphs (1)(a), (b), (d) to (g) and (j) must reside in the electoral district in which he or she is to perform duties under this Act.

Exception

(5) In the case of an appointment that is to be made by a returning officer, if he or she is unable to appoint an election officer who meets the requirements set out in subsection (4), he or she may, with the approval of the Chief Electoral Officer, appoint

(a) a Canadian citizen who is 16 years of age or older and who resides in the electoral district; or

(b) a person who is qualified as an elector but does not live in the electoral district.

Prohibition – acting as election officer

(6) No person shall act as an election officer knowing that they do not meet the requirements for an election officer set out in this section.

Oath

23. (1) Before assuming duties, an election officer shall swear an oath in writing, in the prescribed form, to perform the duties of the office in an impartial manner.

Prohibition

(2) No election officer shall communicate information obtained in the course of performing his or her duties under this Act, other than for a purpose related to the performance of those duties.

Sending of oaths

(3) The returning officer shall send the documents containing the oaths of the returning officer and assistant returning officer without delay to the Chief Electoral Officer.

Returning Officers and Assistant Returning Officers

Appointment of returning officers

24. (1) The Governor in Council shall appoint a returning officer for each electoral district and may only remove him or her for cause under subsection (7).

Responsibility of returning officer

(2) A returning officer is responsible, under the general direction of the Chief Electoral Officer, for the preparation for and conduct of an election in his or her electoral district.

Obligation to act to enable elections to be held

(3) Every returning officer to whom a writ is directed shall, on its receipt, or on notification by the Chief Electoral Officer of its issue, cause to be promptly taken any of the proceedings directed by this Act that are necessary in order that the election may be regularly held.

Vacancy

(4) The office of a returning officer is not vacant unless the returning officer dies, resigns, ceases to reside in the electoral district or is removed from office or the boundaries of their electoral district are revised as a result of a representation order made under section 25 of the Electoral Boundaries Readjustment Act.

Resignation

(5) A returning officer who intends to resign shall give written notice to that effect to the Chief Electoral Officer and the resignation is effective only when it is accepted by the Chief Electoral Officer.

No partisan conduct

(6) No returning officer shall, while in office, knowingly engage in politically partisan conduct and in particular shall not make a contribution to a candidate or belong to or make a contribution to, be an employee of or hold a position in, a registered party or an eligible party.

Removal from office

(7) The Governor in Council may remove from office any returning officer who

(a) is incapable, by reason of illness, physical or mental disability or otherwise, of satisfactorily performing his or her duties under this Act;

(b) fails to discharge competently a duty of a returning officer under this Act or to comply with an instruction of the Chief Electoral Officer described in paragraph 16(c);

(c) fails to complete the revision of the boundaries of the polling divisions in their electoral district as instructed by the Chief Electoral Officer under subsection 538(3); or

(d) contravenes subsection (6), whether or not the contravention occurs in the exercise of his or her duties under this Act.

List in Canada Gazette

25. The name, address and occupation of each person appointed as a returning officer and the name of the electoral district for which he or she is appointed shall be communicated as soon as practicable to the Chief Electoral Officer. Between the 1st and 20th days of January in each year, the Chief Electoral Officer shall publish a list in the Canada Gazette of the name, address and occupation of the returning officer for each electoral district in Canada.

Assistant returning officer

26. (1) A returning officer shall, without delay after being appointed, appoint in writing an assistant returning officer, who shall hold office at pleasure and send the appointment in writing to the Chief Electoral Officer.

Restriction on appointment

(2) A returning officer shall not appoint his or her spouse, common-law partner, child, mother, father, brother, sister, the child of his or her spouse or common-law partner, or a person who lives with him or her as an assistant returning officer.

S.C. 2000, c. 12, s. 40.

Authorization

27. (1) The returning officer for an electoral district may, with the prior approval of the Chief Electoral Officer, authorize any person acting under his or her direction to perform any of the functions of a returning officer under this Act, except those described in subsection 24(3), sections 57, 62, 63 and 67, subsections 71(1) and 72(1), sections 74, 77, 103, 104, 130, 293 to 298 and 300, subsection 301(6) and sections 313 to 316.

Authorization in writing

(2) An authorization under subsection (1) shall be signed and dated by the returning officer.

Notification if returning officer incapacitated

28. (1) It is the duty of a returning officer or an assistant returning officer to notify the Chief Electoral Officer without delay if the returning officer at any time becomes unable to act.

Communication of notifications

(2) The Chief Electoral Officer shall communicate any notification received under subsection (1) to the Minister.

Assistant returning officer to act

(3) If a returning officer becomes unable to act, the assistant returning officer shall act until the appointment of a new returning officer or until the returning officer becomes able to act.

Appointment within limited period

(4) Within 60 days after the date on which the Chief Electoral Officer has been notified of a vacancy in the office of a returning officer or accepts the resignation of a returning officer, the Governor in Council shall appoint a new returning officer.

Appointment of assistant returning officer

(5) Every assistant returning officer who is required to act as a returning officer under subsection (3) shall appoint an assistant returning officer without delay.

Duties of returning officer

29. (1) A returning officer shall

(a) without delay after removing an assistant returning officer from office, notify the assistant returning officer in writing of the removal and send a copy of the notice to the Chief Electoral Officer; and

(b) without delay after the death or resignation of an assistant returning officer, notify the Chief Electoral Officer in writing of the death or resignation.

Appointment of substitute

(2) If an assistant returning officer dies, resigns, becomes disqualified or incapable of acting or refuses to act, or is removed from office for any other reason, the returning officer who appointed him or her shall without delay appoint a substitute.

Tenure of office of assistant returning officer

(3) When a returning officer ceases to hold office, the assistant returning officer appointed by him or her remains in office until the returning officer’s successor appoints a new assistant returning officer.

Resignation by assistant returning officer

(4) An assistant returning officer who intends to resign shall give written notice to the returning officer who appointed him or her or, if the office of returning officer is vacant, to the Chief

Electoral Officer.

Additional assistant returning officer

30. (1) On request by a returning officer, the Chief Electoral Officer may designate areas in the returning officer’s electoral district and authorize, in writing, the appointment of an assistant returning officer, in addition to the assistant returning officer appointed under subsection 26(1), for each of those areas.

Appointment

(2) A returning officer shall appoint an additional assistant returning officer and establish an office in each area designated by the Chief Electoral Officer.

Delegation limited

(3) An assistant returning officer appointed under subsection (2) may perform the functions of an assistant returning officer only in respect of the area for which they are appointed.

Further limitation

(4) An assistant returning officer appointed under subsection (2) may not perform the functions described in subsections 28(1), 60(2), 70(1) and 293(1).

Prohibition – acting in another capacity

31. No returning officer or assistant returning officer appointed under subsection 26(1) shall act in any other capacity under this Act.

Election Officers Appointed by Returning Officer

General

Election officers

32. After the issue of the writ, a returning officer shall appoint the following election officers in the prescribed form:

(a) the revising agents that the returning officer considers necessary, provided that the Chief Electoral Officer approves of their number;

(b) one deputy returning officer and one poll clerk for each advance polling station in the electoral district;

(d) a registration officer for each registration desk.

S.C. 2001, c. 21, s.3.

Revising Agents

Solicitation of names

33. (1) Before appointing revising agents, a returning officer shall solicit names of suitable persons from the registered parties whose candidates finished first and second in the last election in the electoral district and, if sufficient names are not provided by those parties within three days after receipt of the request, the returning officer may solicit names from any other source.

Equal distribution

(2) A returning officer shall appoint half of the revising agents from among the persons recommended by the registered party whose candidate finished first in the last election in the electoral district, and half from among the persons recommended by the registered party whose candidate finished second in that election.

Revising agents to work in pairs

(3) A returning officer shall appoint revising agents to work in pairs and each pair shall consist, as far as possible, of persons recommended by different registered parties.

Replacement

(4) A returning officer may replace a revising agent at any time and the former revising agent shall return all election materials in his or her possession to the returning officer.

Lists of revising agents

(5) Each returning officer shall make available to each candidate a list of the revising agents for the electoral district, on completion of the list.

Identification

(6) Each revising agent shall, while performing his or her functions, wear or carry the identification that is supplied by the Chief Electoral Officer and shall show it on request.

Deputy Returning Officers and Poll Clerks

Deputy returning officers

34. (1) Each deputy returning officer referred to in paragraph 32(b) or (c) shall be appointed from lists of names of suitable persons provided by the candidate of the registered party whose candidate finished first in the electoral district in the last election.

Replacing deputies

(2) A returning officer may, at any time, remove a deputy returning officer.

Poll clerks

35. (1) Each poll clerk referred to in paragraph 32(b) or (c) shall be appointed from lists of names of suitable persons provided by the candidate of the registered party whose candidate finished second in the electoral district in the last election.

Replacing poll clerks

(2) A returning officer may, at any time, remove a poll clerk.

Appointment

36. A returning officer shall proceed to appoint deputy returning officers and poll clerks from other sources if the candidates have not, by the 17th day before polling day, made their recommendations or have not recommended a sufficient number of suitable persons.

Refusal to appoint deputy returning officer

37. (1) A returning officer may, on reasonable grounds, refuse to appoint a deputy returning officer or a poll clerk recommended by a candidate and shall immediately advise the candidate of the refusal.

Recommendation of another person

(2) The candidate may, within 24 hours after being advised of the refusal, recommend another person and, if he or she does not do so, the returning officer shall proceed to appoint another person whose name is solicited from another source.

Replacement for deputy returning officer

38. (1) When the office of deputy returning officer is vacant or if the deputy returning officer is unable or unwilling to act, and the returning officer has not appointed a replacement, the poll clerk shall act as deputy returning officer without taking another oath.

Another poll clerk appointed

(2) When a poll clerk acts as deputy returning officer, the poll clerk shall, in the prescribed form, appoint a person to act as poll clerk.

Registration Officers

Registration offices

39. (1) The returning officer shall establish one or more registration desks in accordance with the instructions of the Chief Electoral Officer.

Appointment of registration officers

(2) The returning officer shall appoint, for each registration desk, a registration officer to receive, on polling day, the applications for registration of electors whose names are not on the list of electors.

Solicitation of names

(3) Before appointing registration officers, the returning officer shall solicit names of suitable persons from the candidates of the registered parties whose candidates finished first and second in the last election in the electoral district, to be submitted to the returning officer no later than the 17th day before polling day. If, by that time, a sufficient number of names of suitable persons are not provided by those candidates, the returning officer may solicit names from other sources.

Equal distribution of appointments

(4) The returning officer shall, as far as possible, appoint half of the registration officers from among the persons recommended by each of the candidates under subsection (3). If either of those candidates did not provide a sufficient number of names of suitable persons, his or her registered party’s remaining share of the appointments shall be made from among the names solicited by the returning officer from other sources.

Equality of Votes

List of names to be provided

40. The registered parties that have the right to provide the returning officer with lists of names of suitable persons to be appointed as election officers for the purposes of a by-election under subsection 29(1.1) of the Parliament of Canada Act because of an equality of votes are the same registered parties as those who had that right for the purposes of the election that resulted in the equality of votes.

New Electoral Districts

Results transposed

41. (1) When a new electoral district is established, the Chief Electoral Officer shall transpose the results from the previous general election to the polling divisions that are in the new electoral district in order to determine which registered parties’ candidates have the right to provide the returning officer with lists of persons to be appointed as election officers.

Special case

(2) If the Chief Electoral Officer cannot transpose the results from the previous general election to a portion of the new electoral district because no candidate was returned in respect of that portion due to an equality of votes, the Chief Electoral Officer shall transpose the results from the by-election that was subsequently held under subsection 29(1.1) of the Parliament of Canada Act in respect of that portion.

Exception

(3) If, in a case to which subsection (2) applies, a general election is held before the by-election, the registered parties that have the right to provide the returning officer with lists of names of suitable persons to be appointed as election officers in respect of that general election are the same registered parties as those that had that right for the purposes of the election that resulted in the equality of votes.

Notice to parties

(4) When the Chief Electoral Officer has determined which parties have the right to provide lists of names under subsection (1), (2) or (3), he or she shall notify the parties without delay of that right.

Merger of Registered Parties

Attribution of votes for appointments

42. For the purposes of subsections 33(1) and (2), 34(1), 35(1) and 39(3) and (4) and section 41, in determining whether the candidate of a registered party finished first or second in the last election in a case where the registered party is the result of a merger with two or more parties that were registered parties at that election, there shall be attributed to the candidate of the merged party the number of votes of the candidate of the merging party with the largest number of votes at that election.

Prohibitions

Prohibitions

43. No person shall

(a) wilfully obstruct an election officer in the performance of his or her duties;

(b) without authority, use identification simulating that used by a revising agent or intended to replace that prescribed by the Chief Electoral Officer for that purpose; or

(c) having been replaced as an election officer, fail to give to their replacement or to an authorized person any election documents or other election materials that the person has received or prepared in the performance of his or her duties.

PART 4

REGISTER OF ELECTORS

Maintenance and Communication of Register

44. (1) The Chief Electoral Officer shall maintain a register of Canadians who are qualified as electors, to be known as the Register of Electors.

Contents of Register

(2) The Register of Electors shall contain, for each elector who is included in it, his or her surname, given names, sex, date of birth, civic address, mailing address and any other information that is provided under subsections 49(2), 194(7), 195(7), 223(2), 233(2) and 251(3).

Inclusion optional

(3) Inclusion in the Register of Electors is at the option of the elector.

Members and registered parties

45. (1) By October 15 in each year, the Chief Electoral Officer shall send to the member for each electoral district and, on request, to each registered party that endorsed a candidate in the electoral district in the last election, a copy in electronic form – taken from the Register of Electors – of the lists of electors for the electoral district.

Contents of lists of electors

(2) The lists of electors shall set out each elector’s surname, given names, civic address and mailing address, and shall be arranged in the form established by the Chief Electoral Officer according to the civic addresses of the electors or, if that is not appropriate, in alphabetical order by their surnames.

Exception

(3) This section does not apply if October 15 falls during an election period or if the vote at a general election was held during the three months before that date.

Merger of parties

(4) For the purpose of subsection (1), a registered party that is the result of a merger of two or more registered parties is deemed to have endorsed a candidate in the last election if one of the merging parties so endorsed a candidate.

Updating the Register

Sources of information

46. (1) The Register of Electors shall be updated from

(a) information

(i) that electors have given the Chief Electoral Officer, or

(ii) that is held by a federal department or body and that electors have expressly authorized to be given to the Chief Electoral Officer; and

(b) information that the Chief Electoral Officer considers reliable and necessary for updating the surname, given names, sex, date of birth, civic address and mailing address of electors included in the Register of Electors and that

(i) is held under an Act of the legislature of a province mentioned in Schedule 2, or

(ii) comes from any other source mentioned in Schedule 2.

Amendments to Schedule 2

(2) The Chief Electoral Officer may at any time amend Schedule 2 by adding, changing or deleting the name of an Act of the legislature of a province or of any other source of information, but no such amendment comes into force until notice of it is published in the Canada Gazette.

Duty of returning officer

47. During the election period, each returning officer shall update the Register of Electors from the information that he or she obtains under this Act, other than information in relation to an elector with respect to whom an application has been granted under subsection 233(1.1).

New electors

48. (1) The Chief Electoral Officer shall, before including a new elector in the Register of Electors, send the elector the Chief Electoral Officer’s information relating to him or her and ask if he or she wishes to be included in the Register of Electors.

Obligation of elector

(2) A new elector who wishes to be included in the Register of Electors shall confirm, correct or complete the information, in writing, and give it to the Chief Electoral Officer along with a signed certification that he or she is qualified as an elector under section 3.

Exceptions

(3) This section does not apply in respect of the inclusion of a new elector

(a) at the elector’s request; or

(b) based on lists of electors established under provincial law, if those lists contain the information that the Chief Electoral Officer considers sufficient for the inclusion of the elector.

Listing requests

49. (1) Any person may at any time request the Chief Electoral Officer to include him or her in the Register of Electors, by providing

(a) a signed certification that he or she is qualified as an elector;

(b) his or her surname, given names, sex, date of birth, civic address and mailing address; and

Optional information

(2) In addition to the information referred to in subsection (1), the Chief Electoral Officer may invite the elector to give any other information that the Chief Electoral Officer considers necessary to implement any agreements entered into under section 55, but the elector is not required to do so.

Corrections

50. An elector may give the Chief Electoral Officer changes to the information in the Register of Electors relating to the elector, and the Chief Electoral Officer shall make the necessary corrections to the Register of Electors.

Verification

51. The Chief Electoral Officer may at any time

(a) contact an elector to verify the Chief Electoral Officer’s information relating to him or her; and

(b) request the elector to confirm, correct or complete the information within 60 days after receiving the request.

Deletion of names

52. (1) The Chief Electoral Officer shall delete from the Register of Electors the name of any person who

(a) is dead;

(b) is not an elector; or

Deletion of name – discretionary

(2) The Chief Electoral Officer may delete from the Register of Electors the name of any person who fails to comply with a request referred to in paragraph 51(b) within the 60 days.

Restrictions

53. If an elector so requests the Chief Electoral Officer in writing, information in the Register of Electors relating to that elector shall be used only for federal electoral or referendum purposes.

Access to personal information

54. At the written request of an elector, the Chief Electoral Officer shall send the elector all the information in the Chief Electoral Officer’s possession relating to him or her.

Agreements on Giving Information

Provincial bodies

55. (1) The Chief Electoral Officer may enter into an agreement with any body responsible under provincial law for establishing a list of electors, governing the giving of information contained in the Register of Electors if that information is needed for establishing such a list.

Conditions

(2) The Chief Electoral Officer may, for the purpose of ensuring the protection of personal information given under an agreement mentioned in subsection (1), include in the agreement any conditions that the Chief Electoral Officer considers appropriate regarding the use that may be made of that information.

Restriction on use of information

(3) A body to whom information is given under an agreement mentioned in subsection (1) may use the information only for the purpose of establishing lists of electors for an election or a referendum held under a provincial law.

Valuable consideration

(4) An agreement mentioned in subsection (1) may require valuable consideration to be provided in exchange for the information given.

Prohibitions

Prohibitions

56. No person shall

(a) knowingly make a false or misleading statement, orally or in writing, relating to their qualification as an elector or relating to any other information referred to in section 49;

(b) knowingly make a false or misleading statement, orally or in writing, relating to another person’s qualification as an elector, surname, given names, sex, civic address or mailing address for the purpose of having that person’s name deleted from the Register of Electors;

(c) request the listing in the Register of Electors of the name of a person who is not qualified as an elector, knowing that the person is not so qualified;

(d) wilfully apply to have included in the Register of Electors the name of an animal or thing; or

(e) knowingly use personal information that is recorded in the Register of Electors for a purpose other than

(i) to enable registered parties, members or candidates to communicate with electors in accordance with section 110,

(ii) a federal election or referendum, or

(iii) an election or referendum held under provincial law, if the information is subject to, and transmitted in accordance with, an agreement made under section 55.

PART 5

CONDUCT OF AN ELECTION

Writs of Election

Writs of election

General election – proclamation

57. (1) The Governor in Council shall issue a proclamation in order for a general election to be held.

By-elections orders

(1.1) The Governor in Council shall make an order in order for a by-election to be held.

Contents

(1.2) The proclamation or order shall

(a) direct the Chief Electoral Officer to issue a writ to the returning officer for each electoral district to which the proclamation or order applies;

(b) fix the date of issue of the writ; and

which date must be at least 36 days after the issue of the writ.

General Elections

(2) In the case of a general election,

(a) the date of issue of the writ shall be the same for all electoral districts;

(b) polling day shall be the same for all electoral districts; and

(c) the proclamation shall fix a date for the return of the writ to the Chief Electoral Officer, which date shall be the same for all of the writs.

Election held on a Monday

(3) Subject to subsection (4), polling day shall be on a Monday.

Exception

(4) If, in the week in which the election is to be held, the Monday is a holiday, polling day shall be held on the Tuesday of that week.

Times when polling day is Tuesday

(5) If the day fixed for the vote is a Tuesday because of subsection (4), any time period specified under this Act before or after polling day is to be calculated as if polling day were the Monday.

S.C. 2001, c. 21, s. 5.

Writs forwarded to returning officer

58. The Chief Electoral Officer shall issue a writ in Form 1 of Schedule 1 to the returning officer for the electoral district in which the election is to be held without delay after the proclamation is issued or the order is made by the Governor in Council.

S.C. 2001, c. 21, s. 6.

Withdrawal of writ

59. (1) The Governor in Council may order the withdrawal of a writ for any electoral district for which the Chief Electoral Officer certifies that by reason of a flood, fire or other disaster it is impracticable to carry out the provisions of this Act.

Duties of Chief Electoral Officer

(2) If the Governor in Council orders the withdrawal of a writ, the Chief Electoral Officer shall publish a notice of the withdrawal in the Canada Gazette and issue a new writ ordering an election within three months after publication of the notice.

Polling day

(3) The day named in the new writ for polling day may not be later than three months after the issue of the new writ.

Returning officer to open and maintain an office

60. (1) Every returning officer shall, without delay after receiving the writ or notice by the Chief Electoral Officer of the issue of the writ, open an office in premises with level access in a convenient place in the electoral district and shall maintain the office throughout the election period.

Hours

(2) The Chief Electoral Officer may fix the hours that the office must be open and the minimum number of hours of compulsory attendance at it by the returning officer and the assistant returning officer.

Appointment of staff

61. (1) The Chief Electoral Officer may authorize returning officers to appoint the staff that they consider necessary for the purposes of this Act.

Employment of staff

(2) Staff mentioned in subsection (1) shall

(a) be appointed in the prescribed form;

(b) take the prescribed oath; and

Notice of Election by Returning Officer

Notice of election

62. Within four days after the issue of the writ, each returning officer shall sign and issue a Notice of Election in Form 2 of Schedule 1 that indicates

(a) the deadline for the receipt of nominations;

(b) the date for polling day;

(d) the address of the returning officer’s office.

Return by Acclamation

Return by acclamation

63. (1) When, as of 2:00 p.m. on the 19th day before polling day, the returning officer has confirmed a nomination for only one candidate, the returning officer shall

(a) without delay declare the candidate elected by endorsing the return of the writ in the prescribed form on the back of the writ and returning it to the Chief Electoral Officer; and

(b) within 48 hours after the return of the writ, send a certified copy of it to the elected candidate.

Report with return

(2) When the returning officer returns the writ to the Chief Electoral Officer, the returning officer shall include with it a report of the proceedings during the election period, including any nomination proposed and rejected for non-compliance with this Act.

Holding of an Election

Holding of election

64. (1) If the nomination of more than one candidate is confirmed in an electoral district, an election shall be held.

Notice of grant of a poll

(2) The returning officer shall, within five days after the closing day for nominations, if more than one candidate is nominated, post in the returning office a notice of grant of a poll in the prescribed form that indicates

(a) the name, address and political affiliation, if any, of each candidate, as stated in the nomination papers, in the order in which their names are to be placed on the ballots;

(b) the name and address of the official agent for each candidate, as stated in the nomination papers; and

(c) the name, if any, and the number of each of the polling divisions and the addresses of the polling stations in that electoral district.

Notice to be posted in polling station

(3) The returning officer shall send one copy of the notice of grant of a poll to each deputy returning officer or central poll supervisor, as the case may be, and the officer or supervisor shall post the notice in his or her polling place.

Documents to candidates

(4) The returning officer shall send to each candidate, on the later of the 31st day before polling day and the day on which the candidate’s nomination is confirmed, up to 10 copies of a document that sets out a description of the boundaries of the polling divisions in the electoral district.

PART 6

CANDIDATES

Qualifications

Ineligible candidates

65. The following persons are not eligible to be a candidate:

(a) a person who is not qualified as an elector on the date on which his or her nomination paper is filed;

(b) a person who is disentitled under paragraph 502(3)(a) while they are so disentitled;

(c) a member of the legislature of a province, the Council of the Yukon Territory, the Council of the Northwest Territories or the Legislative Assembly of Nunavut;

(d) a sheriff, clerk of the peace or county Crown Attorney in any of the provinces;

(e) a person who is not entitled under section 4 to vote;

(f) a judge appointed by the Governor in Council, other than a citizenship judge appointed under the Citizenship Act;

(g) a person who is imprisoned in a correctional institution;

(h) an election officer; and

(i) a person who was a candidate in a previous election and for whom a return, report, document or declaration has not been provided under subsection 451(1), if the time and any extension for providing it have expired.

Nomination of Candidates

Manner of nomination

66. (1) A nomination paper shall be in the prescribed form and include

(a) a statement under oath by the prospective candidate of

(i) his or her name, address and occupation,

(ii) the address designated by the prospective candidate for service of documents under this Act,

(iii) the name and address of the prospective candidate’s official agent,

(iv) the name, address and occupation of the prospective candidate’s auditor named under subsection 83(2), and

(v) the name of the political party that has endorsed the prospective candidate or, if none, the prospective candidate’s choice to either have the word "independent" or no designation of political affiliation under his or her name in election documents;

(b) a statement by the prospective candidate, consenting to the nomination, signed and sworn in the presence of a witness who is an elector but is not the person who administers the oath;

(d) a statement signed by the official agent consenting to act in that capacity;

(e) for any electoral district except one listed in Schedule 3, the names, addresses and signatures, made in the presence of a witness, of at least 100 electors resident in the electoral district;

(f) for an electoral district listed in Schedule 3, the names, addresses and signatures, made in the presence of a witness, of at least 50 electors resident in the electoral district; and

(g) the name, address and signature of the witness to each signature made under paragraph (e) or (f).

Particulars of candidates

(2) For the purpose of subparagraph (1)(a)(i),

(a) the name shall not include any title, degree or other prefix or suffix;

(b) one or more of the given names may be replaced by a nickname by which the prospective candidate is publicly known, other than a nickname that could be confused with the name of a political party, and the nickname may be accompanied by the initial or initials of their given name;

(d) the occupation shall be stated briefly and shall correspond to the occupation by which the prospective candidate is known in his or her place of ordinary residence.

Public knowledge of nickname

(3) A prospective candidate who uses a nickname described in paragraph (2)(b) in his or her nomination paper shall, if the returning officer requests, provide the returning officer with documents that are determined by the Chief Electoral Officer to be evidence of the common public knowledge and acceptance of the nickname.

Notification and determination

(4) If the returning officer is of the opinion that a nickname referred to in paragraph (2)(b) could be confused with the name of a political party, he or she shall notify the Chief Electoral Officer, who shall determine whether the nickname may be used as provided in that paragraph.

Witness files nomination paper

67. (1) The witness to the consent referred to in paragraph 66(1)(b) shall file the nomination paper with the returning officer in the electoral district in which the prospective candidate is seeking nomination at any time between the issue of the Notice of Election and the close of nominations.

Witness ensures signatures are of electors

(2) The witness shall use due diligence to ensure that the signatures referred to in paragraph 66(1)(e) or (f) were all made by electors resident in the electoral district.

Witness swears oath

(3) The witness shall, on filing the nomination paper, swear an oath in writing in the prescribed form before the returning officer stating that

(a) the witness knows the prospective candidate;

(b) the witness is qualified as an elector; and

Other requirements

(4) The witness shall file with the returning officer, together with the nomination paper,

(a) a deposit of $1,000;

(b) a statement signed by the auditor consenting to act in that capacity; and

(c) if applicable, an instrument in writing, signed by the leader of the political party or by a person referred to in subsection 383(2), that states that the prospective candidate is endorsed by the party in accordance with section 68.

S.C. 2001, c. 21, s.8

Party may endorse only one candidate per district

68. (1) A political party may endorse only one prospective candidate in each electoral district for a given election.

New endorsement

(2) If, with respect to a particular electoral district, a candidate who has been endorsed by a political party dies before 2:00 p.m. on the 5th day before the closing day for nominations or withdraws in accordance with subsection 74(1), the party may endorse another candidate in that electoral district before the close of nominations.

S.C. 2001, c. 21. s. 9.

Closing day for nominations

69. The closing day for nominations shall be Monday, the 21st day before polling day.

Hours of attendance

70. (1) The returning officer and the assistant returning officer shall attend between noon and 2:00 p.m. on the closing day for nominations at the office of the returning officer in order that the returning officer may receive nominations for prospective candidates who have not yet filed their nomination papers.

Close of nominations

(2) No nomination may be received from any person who enters the office of the returning officer after 2:00 p.m. on the closing day for nominations.

Designated filing place

(3) The returning officer may authorize a person to receive the nomination paper and the deposit, statement and instrument referred to in paragraphs 67(4)(a) to (c), respectively, in any place designated by the returning officer. They must be received by the close of nominations.

Notice to candidate of confirmation or refusal

71. (1) The returning officer shall, not later than 48 hours after a nomination paper is filed, give the prospective candidate notice, in the prescribed form, of the confirmation of the nomination or of the refusal to accept the nomination.

Verification of nomination papers

(2) Before giving confirmation of a nomination or refusing to accept one, the returning officer shall verify, in accordance with the instructions of the Chief Electoral Officer,

(a) that the nomination paper is complete, including having at least the number of signatures referred to in paragraph 66(1)(e) or (f), as the case may be; and

(b) that the signatures referred to in paragraph 66(1)(e) or (f) are those of electors who are entitled to vote in the electoral district in which the prospective candidate intends to seek nomination.

Correction or replacement

(3) A nomination paper that a returning officer has refused to accept may be replaced by another nomination paper or may be corrected if the new or corrected nomination paper is filed with the returning officer by the close of nominations.

Deposit to Receiver General

72. (1) On receipt of the deposit, the returning officer shall issue a receipt to the witness and shall without delay send the deposit to the Chief Electoral Officer who shall without delay send it to the Receiver General.

Refund of deposit

(2) If a returning officer refuses to accept a nomination, the deposit that was filed in support of it shall be refunded to the person in respect of whom the nomination paper was filed.

Electronic filing

73. (1) A prospective candidate may send his or her nomination paper and the statement and instrument referred to in paragraphs 67(4)(b) and (c), respectively, by electronic means. In order for the nomination to be valid, the returning officer must receive the deposit referred to in paragraph 67(4)(a) and copies in electronic form of the nomination paper, statement and instrument by the close of nominations. The original documents must be received by the returning officer not later than 48 hours after the close of nominations.

Cancellation of nomination

(2) If the original documents are not received on time, the returning officer shall cancel the nomination unless the person in respect of whom the nomination paper was filed satisfies the returning officer that all reasonable measures were taken to ensure that the original documents were received on time.

Withdrawal of candidate

74. (1) A candidate may withdraw at any time before 5:00 p.m. on the closing day for nominations by filing, in person, with the returning officer a statement in writing to that effect signed by the candidate and witnessed by two electors who are entitled to vote in the electoral district in which the candidate’s nomination was confirmed.

Consequences of withdrawal

(2) When a candidate withdraws under subsection (1), any votes cast for the candidate at the election are void.

Minor corrections

75. A candidate may, before 5:00 p.m. on the closing day for nominations, provide in writing to the returning officer any change that he or she wishes to be made to his or her name, address or occupation as set out in the nomination paper.

Votes for persons not properly nominated to be void

76. Any votes given for a person other than a candidate are void.

Postponement of closing day for nominations on death of candidate

77. (1) If a candidate endorsed by a registered party dies after 2:00 p.m on the 5th day before the closing day for nominations and before the close of polling stations on polling day, the election is postponed and the returning officer shall, after communicating with the Chief Electoral Officer, fix the 2nd Monday after the death as the closing day for nominations in that electoral district.

New polling day

(2) Notice of the day fixed under subsection (1) shall be given by a further Notice of Election distributed and posted as specified by the Chief Electoral Officer, and there shall also be named by the Notice of Election a new polling day, which shall be Monday, the 21st day after the day fixed under that subsection.

Lists of electors

(3) The lists of electors to be used at a postponed election shall be the lists of electors that were revised before the 6th day before the new polling day.

Postponement of election

78. The postponement of an election under section 77 and the fixing of a new closing day for nominations does not invalidate the nomination of the other candidates.

Ballots void

79. If an election is postponed under section 77, all ballots that are cast before the postponement are void and shall be destroyed.

Rights of Candidates

Leave of absence

80. Every employer of employees to whom Part III of the Canada Labour Code applies shall, on application, grant any such employee leave of absence, with or without pay, to seek nomination as a candidate and to be a candidate for the period during the election period that may be requested.

Right of candidate to enter building

81. (1) No person who is in control of an apartment building, condominium building or other multiple residence building may prevent a candidate or his or her representative, between 9:00 a.m. and 9:00 p.m., from

(a) in the case of an apartment building or condominium building, canvassing at the doors to the apartments or units, as the case may be; or

(b) campaigning in a common area in the multiple residence.

Exception

(2) Subsection (1) does not apply in respect of a person who is in control of a multiple residence building whose residents’ physical or emotional well-being may be harmed as a result of permitting canvassing or campaigning referred to in that subsection.

Obligations of Candidates

Definition of candidate

82. For the purposes of sections 83 to 88 and 90, a candidate is deemed to have been a candidate from the time he or she accepts a contribution or incurs an electoral campaign expense referred to in section 406.

Appointment of official agent

83. (1) A candidate shall appoint an official agent before accepting a contribution or incurring an electoral campaign expense.

Appointment of auditor

(2) A candidate shall appoint an auditor on appointing an official agent.

Official agent – ineligible persons

84. The following persons are not eligible to be an official agent:

(a) a candidate;

(b) an election officer;

(d) a person who is not qualified as an elector; and

(e) a person who does not have the capacity to enter into contracts in the province in which he or she ordinarily resides.

Auditor – eligibility

85. (1) The following are eligible to be an auditor for a candidate:

(a) a person who is a member in good standing of a corporation, an association or an institute of professional accountants; or

(b) a partnership of which every partner is a member in good standing of a corporation, an association or an institute of professional accountants.

Auditor – ineligible persons

(2) The following persons are not eligible to be an auditor for a candidate:

(a) an election officer;

(b) the candidate or any other candidate;

(d) the chief agent of a registered party or an eligible party; and

(e) a registered agent of a registered party.

Where partnership appointed as official agent or auditor

85.1 Subject to sections 84 and 85, a person may be appointed as official agent or auditor for a candidate notwithstanding that the person is a member of a partnership that has been appointed as an auditor, in accordance with this Act for

(a) a candidate in an electoral district other than the electoral district of the candidate for whom the appointment is being made; or

(b) a registered party.

Consent

86. A candidate who appoints an official agent or an auditor shall obtain from the official agent or auditor a signed statement consenting to act in that capacity.

Death, incapacity, resignation or revocation

87. In the event of the death, incapacity, resignation or revocation of the appointment of an official agent or of an auditor, the candidate shall, without delay, appoint another official agent or auditor.

Only one official agent and auditor

88. A candidate may have only one official agent and one auditor at a time.

Prohibition

Ineligible candidate

89. No person shall sign a nomination paper consenting to be a candidate knowing that he or she is not eligible to be a candidate.

Prohibition – official agents

90. (1) No person who is ineligible to act as an official agent of a candidate shall act in that capacity.

Prohibition – auditor

(2) No person who is ineligible to act as an auditor of a candidate shall act in that capacity.

Publishing false statements to affect election results

91. No person shall, with the intention of affecting the results of an election, knowingly make or publish any false statement of fact in relation to the personal character or conduct of a candidate or prospective candidate.

S.C. 2001, c. 21, s. 10.

False statement of withdrawal of candidate

92. No person shall knowingly publish a false statement of the withdrawal of a candidate.

PART 7

REVISION OF LISTS OF ELECTORS

Preliminary Lists of Electors

Sending of information

93. (1) As soon as possible after the issue of a writ, the Chief Electoral Officer shall prepare a preliminary list of electors for each polling division in an electoral district, and shall send it to the returning officer for the electoral district along with all the other information in the Register of Electors that relates to the electors of that electoral district.

Form of preliminary list of electors

(2) A preliminary list of electors shall contain only the names and addresses of electors in the electoral district, and shall be arranged according to the civic addresses of the electors or, if that is not appropriate, in alphabetical order by their names.

Publication of preliminary lists

(3) The Chief Electoral Officer shall, not later than the 31st day before polling day, determine the number of names appearing on the preliminary lists of electors for each electoral district and cause that information to be published in the Canada Gazette.

Distribution of lists

94. (1) Each returning officer shall, on receipt of the preliminary lists of electors for his or her electoral district, distribute one printed copy and one copy in electronic form of the lists to each candidate in the electoral district who requests them.

Extra copies

(2) On the request of a candidate, the returning officer may provide a maximum of four additional printed copies of the preliminary lists of electors.

Notice of Confirmation of Registration

Notice to electors

95. (1) Each returning officer shall, as soon as possible after the issue of a writ but not later than the 24th day before polling day, send a notice of confirmation of registration to every elector whose name appears on the preliminary list of electors, except electors who

(a) are referred to in paragraph 11(e);

(b) have completed a statement of ordinary residence under section 194 or 195; or

Form of notice

(2) The notice of confirmation of registration shall be in the form established by the Chief Electoral Officer and shall indicate

(a) the address of the elector’s polling station, and whether or not it has level access;

(b) the voting hours on polling day;

(d) the dates of advance polls and the voting hours and locations of advance polling stations.

Particular needs

(3) The notice of confirmation of registration shall invite the elector to contact the returning officer if he or she

(a) requires a language or sign language interpreter;

(b) requires level access and his or her polling station does not have it; or

Revision Process

Revision of preliminary lists of electors

96. The Chief Electoral Officer shall, as soon as possible after the issue of a writ, fix the commencement date for the revision of the preliminary lists of electors. The revision period shall terminate at 6:00 p.m. on the 6th day before polling day.

Election officers who are designated to receive applications

97. (1) The returning officer, assistant returning officer and revising agents for an electoral district may receive applications for additions or corrections to, or deletions from, a preliminary list of electors or the Register of Electors for their electoral district.

Applications for addition, correction or deletion

(2) All applications referred to in subsection (1) that are received by revising agents shall, on completion, be presented to the returning officer or assistant returning officer for his or her approval.

Rental of offices

98. The returning officer may, with the approval of the Chief Electoral Officer, rent one or more offices for the revision of the preliminary lists of electors. The office or offices shall have level access.

Revision – purpose

99. The returning officer and assistant returning officer for an electoral district shall revise the preliminary lists of electors for that electoral district by

(a) adding the names of electors who were omitted from the lists;

(b) correcting information respecting electors whose names are on the lists; and

Revising agents to act jointly

100. (1) Each pair of revising agents appointed for an electoral district shall act jointly to assist in the revision of the preliminary lists of electors.

Disagreement between revising agents

(2) In case of disagreement, the revising agents shall refer the matter to the returning officer or assistant returning officer for a decision and are bound by that decision.

Relevant elector information

101. (1) The returning officer or assistant returning officer may add the name of any elector to the preliminary list of electors if

(a) the elector completes the prescribed registration form, establishes that he or she should be included on the list and provides satisfactory proof of identity;

(b) another elector who lives at the same residence as the elector completes the prescribed registration form, establishes that the elector should be included on the list and provides satisfactory proof of identity in respect of that elector; or

(c) another elector who does not live at the same residence as the elector completes the prescribed registration form for the elector, establishes that the elector should be included on the list and provides

(i) written authorization from the elector allowing the other elector to complete the form for him or her, and

(ii) satisfactory proof of identity in respect of both electors.

Exclusion from Register of Electors

(2) An elector whose name is added to a preliminary list of electors under paragraph (1)(a) may request that his or her name not be included in the Register of Electors.

Change of address

(3) The previous address of an elector whose name is added to a preliminary list of electors under any of paragraphs (1)(a) to (c) and who has changed his or her address since being listed in the Register of Electors shall be provided and the elector’s name shall then be deleted from the Register of Electors in relation to the previous address.

Deletion of name of elector

(4) The returning officer or assistant returning officer may delete the name of a person from a preliminary list of electors if

(a) the person requests it and provides satisfactory proof of identity;

(b) it is established that the elector is deceased;

(d) it is established that the elector no longer resides at the address indicated on the list.

Corrections

(5) The returning officer or assistant returning officer may approve corrections to the information, in respect of an elector, on a preliminary list of electors if

(a) the elector has requested the correction under subsection 97(1); or

(b) there is an omission, inaccuracy or error.

Address change within electoral district

(6) An elector who changes his or her address within an electoral district may, by telephone or otherwise, on providing satisfactory proof of identity and residence to one of the election officers mentioned in subsection 97(1), apply to have the relevant corrections made to the appropriate preliminary list of electors. Another elector who lives at the same residence as the elector in question, on providing satisfactory proof of identity and residence in respect of the elector in question, may apply to have the relevant corrections made to that list in respect of the elector in question.

Notice of confirmation of registration

102. Each returning officer shall, as early as possible during the revision period but not later than the 5th day before polling day, send a notice of confirmation of registration that contains the information described in subsections 95(2) and (3) to every elector whose name has been added to a preliminary list of electors during the revision period, except electors referred to in subsection 95(1).

Objection Procedure

Objection by elector

103. (1) No later than the 14th day before polling day, an elector whose name appears on a list of electors for an electoral district may make an objection before the returning officer respecting the inclusion of the name of another person on a list of electors for that electoral district.

Affidavit of objection

(2) An elector who wishes to make an objection under subsection (1) shall complete an affidavit of objection in the prescribed form, alleging that the other person is not entitled to vote in that electoral district, and shall submit the affidavit to the returning officer.

Notice to be sent to person objected to

(3) The returning officer shall, on the day on which he or she receives an affidavit of objection or on the following day, send to the person objected to, at his or her address given on the list of electors and also at any other address given on the affidavit, a notice in the prescribed form advising the person that he or she may give evidence to show that he or she is entitled to vote in the electoral district in question by

(a) appearing personally or by representative before the returning officer at a specified time no later than the 11th day before polling day; or

(b) sending the returning officer, before that time, any documentation that the person considers appropriate.

Notice to candidates

(4) The returning officer shall, as soon as possible, send to each candidate in the electoral district a copy of the notice referred to in subsection (3).

Presence of candidates’ representatives

(5) If the person objected to decides to appear before the returning officer under paragraph (3)(a), the returning officer shall permit one representative of each candidate in the electoral district to be present, but no representative has the right to intervene, except with the permission of the returning officer.

Examination by returning officer

104. (1) When an objection is made under subsection 103(1), the returning officer may examine on oath the elector who made the objection, the person against whom it was made – if that person wishes to present their position – and any witness present, and make a decision on the basis of the information so obtained.

Evidence

(2) The onus of presenting sufficient evidence to warrant the deletion of a name from a list of electors is on the elector who makes the objection.

Elector to substantiate case

(3) The non-attendance before the returning officer at the time an objection is dealt with, or the failure of the person against whom the objection is made to send proof that he or she is entitled to vote in the electoral district, does not relieve the elector who makes the objection from proving, to the returning officer on a balance of probabilities, that the name of the person objected to should not appear on the list of electors.

Outcome of objection

(4) After an objection is dealt with by the returning officer, he or she shall either delete the name of the person objected to from the list of electors on which the name appears or allow the name to stay on that list.

Revised Lists of Electors and Official Lists of Electors

Revised list of electors

105. (1) Each returning officer shall, on the 11th day before polling day, prepare a revised list of electors for each polling division in the electoral district for use at the advance poll.

Publication of revised lists

(2) The Chief Electoral Officer shall, not later than the 7th day before polling day, determine the number of names appearing on the revised lists of electors for each electoral district and cause that information to be published in the Canada Gazette.

Official list of electors

106. Each returning officer shall, on the 3rd day before polling day, prepare the official list of electors for each polling division for use on polling day.

Form of lists

107. (1) The revised list of electors and official list of electors for each polling division shall be in the form established by the Chief Electoral Officer.

Transmittal of lists

(2) Each returning officer shall deliver to the deputy returning officers the revised lists of electors or official lists of electors, as the case may be, that the deputy returning officers need to conduct the vote in their respective advance polling stations or polling stations. The lists shall indicate the sex of each elector.

Copies to candidates

(3) Each returning officer shall deliver to each candidate a printed copy and a copy in electronic form of the revised lists of electors and the official lists of electors.

Extra copies

(4) On the request of a candidate, the returning officer may provide a maximum of four additional printed copies of the revised lists of electors and the official lists of electors.

Merger of Polling Divisions

Merger of polling divisions

108. (1) After the end of the revision period, the returning officer may, with the prior approval of the Chief Electoral Officer, merge a polling division with an adjacent polling division in the same electoral district.

Official list

(2) The lists of electors for the merging polling divisions are deemed to be the official list of electors for the polling division that results from the merger.

Final Lists of Electors

Final list of electors

109. (1) The Chief Electoral Officer shall, without delay after polling day, prepare final lists of electors for each electoral district.

Delivery of final lists to member and parties

(2) The Chief Electoral Officer shall deliver a printed copy and a copy in electronic form of the final lists of electors for each electoral district to each registered party that endorsed a candidate in the electoral district and to the member who was elected for the electoral district.

Extra copies

(3) On the request of a registered party or member referred to in subsection (2), the Chief Electoral Officer may provide a maximum of four additional printed copies of the final lists of electors.

S.C. 2001, c. 21, s. 11.

Use of Lists of Electors

Registered parties

110. (1) A registered party that, under section 45 or 109, receives a copy of lists of electors or final lists of electors, respectively, may use the lists for communicating with electors, including using them for soliciting contributions and recruiting party members.

Members

(2) A member who, under section 45 or 109, receives a copy of lists of electors or final lists of electors, respectively, may use the lists for

(a) communicating with his or her electors; and

(b) in the case of a member of a registered party, soliciting contributions for the use of the registered party and recruiting party members.

Candidates

(3) A candidate who receives a copy of preliminary lists of electors under section 94, or a copy of revised lists of electors or official lists of electors under subsection 107(3), may use the lists for communicating with his or her electors during an election period, including using them for soliciting contributions and campaigning.

Prohibitions

Prohibitions in relation to lists of electors

111. No person shall

(a) wilfully apply to be included in a list of electors in a name that is not his or her own;

(b) wilfully apply, except as authorized by this Act, to be included in a list of electors for a polling division if he or she is already included in a list of electors for another polling division, which list was prepared for use at the same election;

(c) wilfully apply, except as authorized by this Act, to be included in a list of electors for a polling division in which the person is not ordinarily resident;

(d) apply to have included in a list of electors for an electoral district the name of a person, knowing that the person is not qualified as an elector or entitled to vote in the electoral district;

(e) wilfully apply to have included in a list of electors the name of an animal or thing; or

(f) knowingly use personal information that is recorded in a list of electors for a purpose other than

(i) to enable registered parties, members or candidates to communicate with electors in accordance with section 110, or

(ii) a federal election or referendum.

PART 8

PREPARATION FOR THE VOTE

List of Deputy Returning Officers

List of deputies to candidates

112. (1) A returning officer shall, at least three days before polling day, post in his or her office, and provide to each candidate or candidate’s representative, a list of the names and addresses of all the deputy returning officers and poll clerks appointed to act in the electoral district, with the number of the polling station at which each is to act.

Access to list

(2) The returning officer shall permit access to, and give full opportunity for the inspection of, the list referred to in subsection (1) by interested persons at any reasonable time.

Election Materials

Delivery to returning officers

113. The Chief Electoral Officer, at any time before the issue of the writ or immediately after the issue of it, shall deliver to the returning officer sufficient quantities of election materials and the necessary instructions for the election officers to perform their duties.

Ballot boxes

114. (1) The Chief Electoral Officer shall provide the returning officer with the necessary ballot boxes.

Material of ballot box

(2) Each ballot box shall be of the size and shape and made of the material determined by the Chief Electoral Officer and be constructed to allow seals for the use of the returning officers and deputy returning officers to be affixed.

Ballot paper

115. (1) As soon as possible after the issue of the writ, the Chief Electoral Officer shall provide the returning officer with the paper on which the ballots are to be printed. The weight and opacity of the paper shall be determined by the Chief Electoral Officer.

Printing material

(2) Before the closing day for nominations, the Chief Electoral Officer shall deliver to every returning officer the printing material prepared for that election for the purpose of printing the year and the name of the electoral district on the back of the ballot.

Ballot printed in Form 3

116. (1) The returning officer shall, as soon as possible after 2:00 p.m. on the 19th day before polling day, authorize the printing of a sufficient number of ballots in Form 3 of Schedule 1.

Form of ballot

(2) 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.

Numbering of ballots

(3) The ballots shall be numbered on the back of the stub and the counterfoil, and the same number shall be printed on the stub as on the counterfoil.

Books of ballots

(4) Ballots shall be in books containing an appropriate number of ballots.

Obligation re ballots, ballot paper

(5) Each printer shall return all of the ballots and all of the unused paper on which the ballots were to have been printed, to the returning officer.

Printer’s name and affidavit

(6) Ballots shall bear the name of the printer who, on delivering them to the returning officer, shall include an affidavit in the prescribed form that sets out a description of the ballots, the number of ballots delivered to the returning officer and the fact that all ballots were provided, and all paper returned, as required by subsection (5).

Information on the ballot

117. (1) Ballots shall contain the names of candidates, arranged alphabetically, taken from their nomination papers.

Name of party

(2) The name, in the form referred to in paragraph 366(2)(b), of the political party that has endorsed the candidate shall be listed on the ballot under the name of the candidate if

(a) the candidate’s nomination paper includes it;

(b) the condition described in paragraph 67(4)(c) is met;

(d) the party has candidates whose nominations have been confirmed in at least 12 electoral districts for the general election or, in the case of a by-election, in the immediately preceding general election.

Designation of candidate as independent

(3) The word “independent” shall be listed on the ballot under the name of the candidate who has requested it in accordance with subparagraph 66(1)(a)(v) and may not be so listed in any other case.

(4) [Repealed]

(5) The ballot shall list under the candidate’s name the address or occupation of a candidate who makes a written request to that effect to the returning officer before 5:00 p.m on the closing day for nominations, if the candidate and another candidate on the ballot have the same name and both candidates have chosen under subparagraph 66(1)(a)(v) to either have the word "independent" or no designation of political affiliation under their names in election documents.

Property of Her Majesty

118. Ballot boxes, ballots, envelopes and marking instruments procured for an election are the property of Her Majesty.

Supply of Election Materials to Deputy Returning Officer

Materials to be supplied to deputy returning officers

119. (1) Before voting begins, each returning officer shall provide each deputy returning officer in his or her electoral district with

(a) enough ballots for at least the number of electors on the official list of electors for the deputy returning officer’s polling station;

(b) a statement showing the number of ballots that are supplied, with their serial numbers;

(d) an adequate number of templates, provided by the Chief Electoral Officer, to enable electors who are visually impaired to mark their ballots without assistance;

(e) a copy of the instructions of the Chief Electoral Officer referred to in section 113;

(f) the official list of electors for use at the polling station, enclosing it when possible in the ballot box with the ballots and other supplies;

(g) a ballot box;

(h) the text of the oaths to be administered to electors; and

(i) the necessary envelopes, forms and other supplies that may be authorized or provided by the Chief Electoral Officer.

Safekeeping of election materials

(2) Until the opening of the poll, each deputy returning officer is responsible for all election materials in his or her possession and shall take every precaution for the safekeeping of those materials and to prevent any person from having unlawful access to them.

Polling Stations and Central Polling Places

Establishment of polling stations

120. (1) Each returning officer shall, for polling day, establish one polling station for each polling division.

Multiple polling stations

(2) No later than 3 days before a polling day, a returning officer may, with the prior approval of the Chief Electoral Officer, establish several polling stations for a polling division if, because of the number of electors on the list of electors for the polling division, the returning officer believes it necessary for the conduct of the vote, and each of those polling stations is to be designated by the number of the polling division to which is added the letter A, B, C and so on.

Division of list of electors

(3) The returning officer shall divide the official list of electors for a polling division into as many separate lists as are required for the taking of the votes at each polling station.

Certificate of returning officer

(4) To each portion of the official list of electors that is divided, the returning officer shall, before sending the portion to the deputy returning officer for the polling station, append a certificate signed by the returning officer in the prescribed form attesting to its correctness.

Level access

121. (1) Subject to subsection (2), a polling station shall be in premises with level access.

Exception

(2) If a returning officer is unable to secure suitable premises with level access for use as a polling station, the returning officer may, with the prior approval of the Chief Electoral Officer, locate the polling station in premises without level access.

Voting compartments

(3) Each polling station shall contain one or two voting compartments arranged so that each elector is screened from observation and may, without interference or interruption, mark their ballot.

Table or desk

(4) Each voting compartment shall be placed on a hard and smooth surface and shall have in it a suitable black lead pencil for the use of electors in marking their ballots.

Polling station in adjacent polling division

122. (1) If a returning officer is unable to secure suitable premises to be used as a polling station within a polling division, the returning officer may establish a polling station in an adjacent polling division and all the provisions of this Act apply as if the polling station were within the polling division to which it appertains.

Polling station in school or other public building

(2) Whenever possible, a returning officer shall locate a polling station in a school or other suitable public building and shall locate the polling station or the polling stations in a central polling place, at a place or places in the building that will provide ease of access to electors.

Polling station in federal buildings

(3) A returning officer may require the officer in charge of a building owned or occupied by the Government of Canada to make premises in that building available for use as a polling station, and the officer to whom the requirement is directed shall make every reasonable effort to comply with the requirement.

Central polling place

123. (1) A returning officer may, if he or she considers it advisable, place several polling stations together in a central polling place.

Number of polling stations

(2) A returning officer shall not group together more than 15 polling stations in a central polling place without the prior approval of the Chief Electoral Officer.

Presumption

(3) On the establishment of a central polling place under subsection (1), all of the provisions of this Act apply as if each polling station at the central polling place were within the polling division to which it appertains.

Appointments at central polling place

124. (1) When a returning officer establishes a central polling place, the returning officer may appoint, with the prior approval of the Chief Electoral Officer,

(a) an information officer to provide information to the electors; and

(b) a person responsible for maintaining order.

Central poll supervisor

(2) When a returning officer establishes a central polling place that contains four or more polling stations, the returning officer may appoint a central poll supervisor to attend at the central polling place on polling day to supervise proceedings and keep the returning officer informed of any matter that adversely affects, or is likely to adversely affect, the proceedings.

Mobile polling station

125. (1) When a polling division consisting of two or more institutions is constituted under subsection 538(5), the returning officer may establish a mobile polling station to be located in each of those institutions successively.

Voting hours for mobile polling station

(2) The returning officer shall set the times during which a mobile polling station will be located in the institutions referred to in subsection (1).

Notice

(3) The returning officer shall give notice to the candidates of the itinerary of the mobile polling station in accordance with the instructions of the Chief Electoral Officer.

Provisions applicable to mobile polls

(4) Subject to the instructions of the Chief Electoral Officer, the provisions of this Act that relate to ordinary polls shall, in so far as they are applicable, apply to mobile polling stations.

Prohibitions

Prohibitions re ballots, etc.

126. No person shall

(a) forge a ballot;

(b) without authority under this Act, print a ballot or what purports to be or is capable of being used as a ballot at an election;

(c) being authorized under this Act to print a ballot, knowingly print more ballot papers than the person is authorized to print;

(d) print a ballot or what purports to be or is capable of being used as a ballot at an election with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast; or

(e) manufacture, import into Canada, have in possession, supply to an election officer, or use for the purpose of an election, or cause to be manufactured, imported into Canada, provided to an election officer, or used for the purposes of an election, a ballot box that contains a compartment into which a ballot may be secretly placed or a device by which a ballot may be secretly altered.

PART 9

VOTING

Voting Opportunities

Manner of voting

127. An elector may vote

(a) in person at a polling station on polling day;

(b) in person at an advance polling station during the period provided for the advance poll; or

Polling Day

Hours

Hours of voting

128. (1) The voting hours on polling day are

(a) from 8:30 a.m. to 8:30 p.m., if the electoral district is in the Newfoundland, Atlantic or Central time zone;

(b) from 9:30 a.m. to 9:30 p.m., if the electoral district is in the Eastern time zone;

(d) from 7:00 a.m. to 7:00 p.m., if the electoral district is in the Pacific time zone.

Exception – Saskatchewan

(2) Despite subsection (1), if polling day is during a time of the year when the rest of the country is observing daylight saving time, the voting hours in Saskatchewan are

(a) in the case of an electoral district in the Central time zone, from 7:30 a.m. to 7:30 p.m.; and

(b) in the case of an electoral district in the Mountain time zone, from 7:00 a.m. to 7:00 p.m.

Daylight-saving time

129. The Chief Electoral Officer may, if he or she considers it necessary, set the voting hours for the electoral district so that the opening and closing of its polls coincide with the opening and closing of the polls in other electoral districts in the same time zone.

When polls lie in two time zones

130. When more than one local time is observed in an electoral district, the returning officer shall, with the prior approval of the Chief Electoral Officer, determine one local time to be observed for every operation prescribed by this Act, and shall publish the hours in the Notice of Election referred to in section 62.

By-elections

131. If only one by-election is held or if more than one by-election is held on the same day and all of them are in the same time zone, the hours of voting are from 8:30 a.m. to 8:30 p.m.

Time to Employees for Voting

Consecutive hours for voting

132. (1) Every employee who is an elector is entitled, during voting hours on polling day, to have three consecutive hours for the purpose of casting his or her vote and, if his or her hours of work do not allow for those three consecutive hours, his or her employer shall allow the time for voting that is necessary to provide those three consecutive hours.

Time at convenience of employer

(2) The time that the employer shall allow for voting under subsection (1) is at the convenience of the employer.

Transportation companies

(3) This section and section 133 do not apply to an employee of a company that transports goods or passengers by land, air or water who is employed outside his or her polling division in the operation of a means of transportation, if the additional time referred to in subsection (1) cannot be allowed without interfering with the transportation service.

No penalty for absence from work to vote

133. (1) No employer may make a deduction from the pay of an employee, or impose a penalty, for the time that the employer shall allow for voting under subsection 132(1).

Hourly, piece-work or other basis of employment

(2) An employer who pays an employee less than the amount that the employee would have earned on polling day, had the employee continued to work during the time referred to in subsection 132(2) that the employer allowed for voting, is deemed to have made a deduction from the pay of the employee, regardless of the basis on which the employee is paid.

Prohibition

134. No employer shall, by intimidation, undue influence or by any other means, interfere with the granting to an elector in their employ of the three consecutive hours for voting, as provided for in section 132.

Proceedings at the Poll

Who may be present at polling station

135. (1) The only persons who may be present at a polling station on polling day are

(a) the deputy returning officer and the poll clerk;

(b) the returning officer and his or her representatives;

(d) two representatives of each candidate or, in their absence, two electors to represent each candidate;

(e) an elector and a friend or relative who is helping him or her by virtue of subsection 155(1), only for the period necessary to enable the elector to vote; and

(f) any observer or member of the Chief Electoral Officer’s staff whom he or she authorizes to be present.

Delivery of representative’s authorization

(2) When a representative of a candidate is admitted to a polling station, the representative shall deliver his or her written authorization from the candidate or the candidate’s official agent in the prescribed form to the deputy returning officer.

Representative authorized in writing

(3) A representative bearing a written authorization referred to in subsection (2) is deemed to be a representative of the candidate within the meaning of this Act and is entitled to represent the candidate in preference to, and to the exclusion of, any elector who might otherwise claim the right to represent the candidate.

Oath of secrecy

(4) Each representative of a candidate or each elector described in paragraph (1)(d), on being admitted to the polling station, shall take an oath in the prescribed form.

Presence of representatives

136. (1) A candidate or the candidate’s official agent may authorize any number of representatives of the candidate to be present at a polling station, but only two of each candidate’s representatives may be present at any time.

Representatives may absent themselves from poll

(2) A representative of a candidate, or an elector described in paragraph 135(1)(d), may leave a polling station at any time and return at any time before the counting of the votes begins and is not required to produce a new written authorization from the candidate or official agent or to take another oath.

Examination of list of electors and conveying information

(3) A representative of a candidate may, during voting hours,

(a) examine the list of electors, provided that the representative does not delay an elector in casting his or her vote; and

(b) convey any information obtained by the examination referred to in paragraph (a) to a representative of the candidate who is on duty outside the polling station.

Communications device

(4) A representative of a candidate shall not use a communications device at a polling station during voting hours.

Candidate may act as representative

137. (1) A candidate may perform the duties of a representative of the candidate, or may assist the representative in the performance of those duties, and may be present at any place that the representative is authorized to attend under this Act.

Non-attendance of representatives

(2) The non-attendance of a representative of a candidate at any time or place authorized by this Act does not in any way invalidate any act or thing done during the absence of the representative if the act or thing is otherwise duly done.

Initialling ballots

138. (1) Before a polling station opens on polling day, and in full view of the candidates or their representatives who are present at the polling station, the deputy returning officer shall initial the back of every ballot in the space indicated in Form 3 of Schedule 1, entirely in ink or entirely in black pencil so that when the ballot is folded the initials can be seen. The initials shall be as similar as possible on each ballot.

Ballots not to be detached

(2) For the purpose of initialling, the ballots shall not be detached from the books in which they are contained.

Vote not to be delayed

(3) The opening of a polling station shall not be delayed for the purpose of initialling the ballots. Ballots that are not initialled when the polling station opens shall be initialled as soon as possible and in all cases before being handed to electors.

Counting of ballots before opening of poll

139. Candidates or their representatives who are in attendance at least 15 minutes before a polling station opens are entitled to have the ballots intended to be used at the polling station carefully counted in their presence and to inspect the ballots and all other documents relating to the vote.

Examining and sealing ballot box

140. When the polling station opens, the deputy returning officer shall, in full view of the candidates or their representatives who are present, open the ballot box and ascertain that it is empty, and shall

(a) seal the ballot box with the seals provided by the Chief Electoral Officer; and

(b) place the ballot box on a table in full view of all present and ensure that the box remains there until the polling station closes.

Admitting Voters

Calling electors

141. Immediately after the ballot box is sealed, the deputy returning officer shall call on the electors to vote.

Electors not to be impeded

142. (1) The deputy returning officer shall ensure that every elector is admitted into the polling station and that the electors are not disturbed when they are in or near the polling station.

One elector at a time

(2) A deputy returning officer may, if he or she considers it advisable, direct that not more than one elector for each voting compartment may at any time enter the room where the voting is held.

Elector to declare name, etc.

143. (1) Each elector, on arriving at the polling station, shall give his or her name and address to the deputy returning officer and the poll clerk, and on request to a representative of the candidate.

Voting

(2) The poll clerk shall ascertain if the name of the elector appears on the list of electors and, if it does, the elector’s name shall be crossed off the list and, subject to section 144, the elector shall be immediately allowed to vote.

Proof of identity and residence

144. (1) A deputy returning officer, poll clerk, candidate or candidate’s representative who has doubts concerning the identity or right to vote of a person intending to vote at a polling station may request that the person show satisfactory proof of identity and residence.

Oath of elector

(2) A person may, instead of showing satisfactory proof of identity, take the prescribed oath.

Oath forbidden

(3) Once an elector has been given a ballot, no person shall require the elector to show proof of identity or take an oath.

Refusal of elector

145. (1) Subject to subsection (2), a person who refuses to show satisfactory proof of identity, to take an oath required by this Act or to reply to a question regarding their entitlement to vote at a particular polling station shall not receive a ballot, be admitted to vote or be again admitted to the polling station.

When elector refuses to take improper oath

(2) If an elector refuses to take an oath because he or she is not required to do so under this Act, the elector may appeal to the returning officer. If, after consultation with the deputy returning officer or the poll clerk of the polling station, the returning officer decides that the elector is not required to take the oath, and if the elector is entitled