1985 Canada Elections Act
1985 Loi Électorale du Canada
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CHAPTER E-2
An Act respecting the franchise of electors and the election of members to the House of Commons
SHORT TITLE
Short title
1. This Act may be cited as the Canada Elections Act.
R.S. 1970, c. 14 (1st Supp.), s. 1.
Definitions
2. (1) In this Act,
"address"
« adresse »
"address", in relation to the location of a place of residence, office, polling station or other fixed location, includes the postal code assigned to the area in which the place of residence, office, polling station or other fixed location is located;
"advance poll"
« bureau spécial... »
"advance poll" means a poll held as provided by sections 280 to 290;
"auditor"
« vérificateur »
"auditor" means a person who is a member in good standing of any corporation, association or institute of professional accountants, and includes a firm every partner of which is such a person;
"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 the Broadcasting Act;
"Broadcasting Arbitrator"
« arbitre »
"Broadcasting Arbitrator" means the person appointed Broadcasting Arbitrator by the Chief Electoral Officer pursuant to this Act;
"broadcasting period"
« période de radiodiffusion »
"broadcasting period" means the period beginning on Sunday, the twenty-ninth day before polling day at an election, and ending on Saturday, the second day before polling day, except where, pursuant to subsection 79(3), polling day is on a Tuesday, in which case the broadcasting period is the period beginning on Monday, the twenty-ninth day before polling day, and ending on Sunday, the second day before polling day;
"broadcasting undertaking"
« entreprise... »
"broadcasting undertaking" means a broadcasting undertaking as defined in the Broadcasting Act;
"by-election"
« élection partielle »
"by-election" means an election other than a general election;
"candidate"
« candidat »
"candidate" means any person who is officially nominated as a candidate at an election and who or whose official agent has not complied with all the requirements of sections 228 to 247 in respect of that election;
"chief agent"
« agent principal »
"chief agent", in respect of any registered party, means the registered agent of that party who is recorded in the registry of agents of registered parties maintained by the Chief Electoral Officer pursuant to subsection 33(1) as the chief agent of that party;
"commercial time"
« temps... »
"commercial time" means any period of two minutes or less during which a broadcaster normally presents commercial messages, public service announcements or station or network identification;
"commercial value"
« valeur... »
"commercial value", in respect of goods or services donated or provided at less than their commercial value, means
(a) where the person by whom the goods or services are so donated or provided is in the business of supplying those goods or services, the lowest amount charged by him for an equivalent amount of the same goods or services at or about the time they are so donated or provided, and
(b) where the person by whom the goods or services are so donated or provided is not in the business of supplying those goods or services, the lowest amount charged for an equivalent amount of the same goods or services at or about the time that the goods or services are so donated or provided by any other person providing those goods or services on a commercial basis in the market area in which the goods or services are so donated or provided if the amount charged is equal to or greater than one hundred dollars, and if the amount charged is less than one hundred dollars, a nil amount;
"date of issue of the writ"
« date de délivrance du bref »
"date of issue of the writ" means the date shown on the writ pursuant to subsection 12(2);
"during an election" or "at an election" or "throughout an election"
« durant... »...
"during an election" or "at an election" or "throughout an election", in respect of an election in any electoral district, means the period commencing with the issue of the writ for that election and terminating on polling day or, where the writ is withdrawn or deemed to be withdrawn pursuant to section 329, terminating on the day that the writ is withdrawn or deemed to be withdrawn;
"election"
« élection »
"election" means an election of a member or members to serve in the House of Commons;
"election documents" or "election papers"
« documents d’élection » ou « papiers d’élection »
"election documents" or "election papers" mean the papers directed in this Act to be transmitted to the Chief Electoral Officer, after an election, by the returning officer, namely,
(a) the writ with the return of the election endorsed on it,
(b) the nomination papers filed by the candidates,
(c) the reserve supply of undistributed blank ballot papers,
(d) [repealed]
(e) documents relating to the revision of the lists of electors,
(f) the statements of the polls from which the official addition of the votes was made, and
(g) the other returns from the various polling stations enclosed in sealed envelopes, as prescribed in sections 160 to 167, and containing
(i) the list of electors used at the poll,
(ii) a packet of stubs and unused ballot papers,
(iii) packets of ballot papers cast for the various candidates,
(iv) a packet of spoiled ballot papers,
(v) a packet of rejected ballot papers, and
(vi) a packet containing the official list of electors used at the poll, the written appointments of candidates’ agents and the used transfer certificates, if any;
"election expenses"
« dépenses d’élection »
"election expenses" means
(a) amounts paid,
(b) liabilities incurred,
(c) the commercial value of goods and services donated or provided, other than volunteer labour, and
(d) amounts that represent the differences between amounts paid and liabilities incurred for goods and services, other than volunteer labour, and the commercial value thereof where they are provided at less than their commercial value,
(all of which are in this definition referred to as "the cost") for the purpose of promoting or opposing, directly and during an election, a particular registered party, or the election of a particular candidate, and without limiting the generality of the foregoing, includes
(e) the cost of acquiring the right to the use of time on the facilities of any broadcasting undertaking, or of acquiring the right to the publication of an advertisement in any periodical publication,
(f) the cost of acquiring the services of any person, including remuneration and expenses paid to the person or on behalf of the person, as an official agent or registered agent or otherwise, except where the services are donated or provided at materially less than their commercial value,
(g) the cost of acquiring meeting space, of provision of light refreshment and of acquiring and distributing mailing objects, material or devices of a promotional nature, and
(h) the cost of goods or services provided by a government, crown corporation or any other public agency,
when those costs are incurred for a purpose set out in this definition;
"election officer"
« officier d’élection... »
"election officer" means any person having any duty to perform pursuant to this Act, to the faithful performance of which duty that person may be sworn, but does not include
(a) the Chief Electoral Officer, or
(b) any member of the Canadian Forces having any duty to perform pursuant to Schedule II;
"election petition"
« pétition... »...
"election petition" means a petition presented in pursuance of the Dominion Controverted Elections Act;
"elector"
« électeur »
"elector" means a person who is qualified as an elector under section 50 and is not a person referred to in section 51;
"electoral district"
« circonscription »
"electoral district" means any place or territorial area entitled to return a member to serve in the House of Commons;
"electoral district agent"
« agent de... »
"electoral district agent", in relation to a registered party, means a person whose name is recorded in the registry of agents of registered parties maintained by the Chief Electoral Officer pursuant to subsection 33(1) and who is designated as such by the chief agent of the party;
"enumeration date"
« date... »
"enumeration date" [repealed]
"final list of electors"
« liste électorale définitive »
"final list of electors" means the list of electors prepared by the Chief Electoral Officer pursuant to subsection 71.32(1) and setting out, for each electoral district, the surname, given names, civic address and mailing address of each elector who is registered by polling day;
"form"
« formule »
"form" means a form set out in Schedule I or any other form relating to the administration of an election under this Act prescribed by the Chief Electoral Officer;
"hours of the day"
« heures du... »
"hours of the day" and all other references to time relate to local time;
"judge" or "the judge"
« juge »
"judge" or "the judge", when used to define the judicial officer on whom is conferred specific powers, means,
(a) in relation to any place or territory within the judicial district of Quebec or Montreal in the Province of Quebec, the judge performing the duties of Chief Justice or Associate Chief Justice of the Superior Court, as the case may be, each acting for the district in which he resides, or such other judge as may be assigned by the Chief Justice or Associate Chief Justice to perform the duties in this Act required to be performed by the judge,
(b) in relation to any place or territory within a judicial district, other than the judicial district of Quebec or Montreal, in the Province of Quebec for which a judge of the Superior Court has been appointed, the judge so appointed, and if there is more than one such judge, the senior of them,
(c) in relation to any other place or territory in the Province of Quebec, the judge indicated by the Chief Justice or Associate Chief Justice as being the judge exercising from time to time the jurisdiction of the Superior Court Judge of the judicial district within which the place or territory lies, and if there is more than one judge exercising that jurisdiction, the senior of them,
(c.1) in relation to the Province of Ontario, a judge of the Superior Court of Justice,
(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,
(e.1) in relation to the Provinces of Nova Scotia and British Columbia, a judge of the Supreme Court of the Province,
(f) in relation to the electoral district of the Yukon Territory, the judge of the Supreme Court of the Yukon Territory,
(g) in relation to the electoral district of the Northwest Territories, the 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) where there is no judge as defined in paragraphs (a) to (h) or a vacancy exists or arises in the office of any such judge or where such judge is unable to act by reason of illness or absence from his judicial district, the judge exercising the jurisdiction of that judge,
(ii) where there is more than one judge exercising such jurisdiction, the senior of them, and
(iii) where no judge is exercising such jurisdiction, any judge designated for the purpose by the Minister of Justice;
"judicial district"
« district... »
"judicial district" means a territory, county or district in respect of which a judge has been appointed to exercise judicial functions;
"level access"
« accès... »
"level access", in respect of any premises, means premises that are so located that a person may reach the premises from the street or roadway and enter the premises without going up or down any step, stairs or escalator;
"list of electors"
« liste des électeurs » ou « liste électorale »
"list of electors" means the list showing the surname, given names, civic address and mailing address of every elector;
"member"
« député »
"member" means a member of the House of Commons;
"network"
« réseau »
"network" means a network as defined in the Broadcasting Act, but does not include a temporary network operation as defined in that Act;
"network operator"
« exploitant... »
"network operator" means any person to whom permission has been granted by the Canadian Radio-television and Telecommunications Commission to form and operate a network;
"nomination day" "the day of nominations"
« jour de... »...
"nomination day" or "the day of nominations" means the day on which nominations close as provided in this Act;
"oath"
« serment »
"oath" includes a solemn affirmation and a statutory declaration;
"official agent"
« agent officiel »
"official agent" means an agent appointed in the manner set out in subsection 215(1) and specially charged with the paying of all legal expenses on account of the management or conduct of an election;
"official list of electors"
« liste électorale officielle »
"official list of electors" means the list of electors prepared by the returning officer pursuant to subsection 71.31(2);
"official nomination"
« présentation officielle »
"official nomination" means the filing of all the documents required to be filed pursuant to subsection 81(1) and the compliance with all the requirements of that subsection at any time between the date of the proclamation and the hour fixed for the close of nominations on nomination day;
"periodical publication"
« publication périodique »
"periodical publication" means any 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;
"person"
« personne »...
"person" includes elector, voter and candidate;
"personal expenses"
« dépenses personnelles »
"personal expenses", with respect to the expenditure of any candidate in relation to any election at which the candidate is a candidate, includes any reasonable amount in respect of such travel, living and other related expenses, including expenses incurred by a disabled candidate relating to the candidate’s disability, as the Chief Electoral Officer may designate;
"political affiliation"
« appartenance... »
"political affiliation" means, in respect of a candidate at an election, the designation, if any, that pursuant to subsection 81(3) is to be used to describe the candidate at the election;
"poll book"
« cahier... »
"poll book" [repealed]
"polling day", "day of polling" or "ordinary polling day"
« jour du... »...
"polling day", "day of polling" or "ordinary polling day" means the day fixed pursuant to section 79 for holding the poll at an election;
"polling division"
« section de... »
"polling division" means any division, subdivision, district, sub-district or other territorial area fixed by the returning officer, for which a list of electors is prepared and for which one or more polling stations is or are established for the taking of the vote on polling day, and includes two or more institutions constituted as provided in subsection 20(4);
"polling station"
« bureau de... »
"polling station" means premises secured by a returning officer for the taking of the vote of the electors on polling day and to which the whole or a portion of the official list of electors for a polling division is allotted;
"preliminary list of electors"
« liste électorale préliminaire »
"preliminary list of electors" means the list of electors prepared by the Chief Electoral Officer pursuant to section 71.1;
"prescribed"
« prescrit »
"prescribed", in relation to a form, means prescribed by the Chief Electoral Officer;
"prime time"
« heure de... »
"prime time", in relation to a broadcasting undertaking, means, in the case of a radio station, the time between the hours of 6 a.m. and 9 a.m., 12 p.m. and 2 p.m., and 4 p.m. and 7 p.m., and, in the case of a television station, the hours between 6 p.m. and midnight;
"program time"
« durée... »
"program time" means any period longer than two minutes during which a broadcaster does not normally present commercial messages, public service announcements or station or network identification;
"province"
« province »
"province" means any province of Canada and includes the electoral districts of the Yukon Territory and the Northwest Territories;
"recount"
« recomptage »
"recount" includes
(a) adding again the votes given for each candidate as recorded in the statements of the polls returned by the several deputy returning officers, and
(b) examining and counting the used and counted, the unused, the rejected and the spoiled ballot papers as prescribed in subsection 180(1);
"Register of Electors"
« Registre des électeurs »
"Register of Electors" means the Register of Electors established by the Chief Electoral Officer pursuant to section 71.01;
"registered agent"
« agent enregistré »
"registered agent" means a person whose name is recorded in the registry of agents of registered parties maintained by the Chief Electoral Officer pursuant to subsection 33(1) and includes the chief agent of a registered party and an electoral district agent;
"registered party"
« parti... »
"registered party" means a political party that is registered pursuant to section 24;
"rejected ballot paper"
« bulletin rejeté »
"rejected ballot paper" means a ballot paper that has been handed by the deputy returning officer to an elector to cast his vote, but, at the close of the poll, has been found in the ballot box unmarked or so improperly marked that it cannot be counted;
"revised list of electors"
« liste électorale révisée »
"revised list of electors" means the list of electors prepared by the returning officer pursuant to subsection 71.31(1);
"revising agent"
« agent réviseur »
"revising agent" [repealed]
"revising officer"
« réviseur »
"revising officer" [repealed]
"rural polling division"
« section rurale »
"rural polling division" [repealed]
"satisfactory proof of identity"
« preuve... »
"satisfactory proof of identity", in respect of an elector, means such documentary proof of the identity of the elector as is prescribed by the Chief Electoral Officer;
"spoiled ballot paper"
« bulletin de... »
"spoiled ballot paper" means a ballot paper that, on polling day, has not been deposited in the ballot box but has been found by the deputy returning officer to be soiled or improperly printed, or that has been
(a) handed by the deputy returning officer to an elector to cast his vote,
(b) spoiled in marking by the elector, and
(c) handed back to the deputy returning officer and exchanged for another ballot paper;
"stereotype block"
« cliché... »
"stereotype block" [repealed]
"urban polling division"
« section urbaine »
"urban polling division" [repealed]
"volunteer labour"
« travail... »
"volunteer labour" means any service provided free of charge by a person outside of that person’s working hours, but does not include a service provided by a person who is self-employed if the service is one that is normally sold or otherwise charged for by that person;
"voter"
« votant »
"voter" means any person who votes at an election;
"writ"
« bref »
"writ" means a writ of election.
Presumption
(2) Subject to subsections 217(1), (2) and (4), where, prior to being officially nominated as a candidate, a person has either directly or through his official agent incurred any expense that would have been an election expense if that person had been a candidate at that time, that person shall be deemed to have been a candidate as of the day the expense was incurred.
Certain expenses deemed not to be election expenses
(3) For the purposes of this Act, any amount paid, liability incurred or goods or services donated or provided for the purpose of promoting, directly and during an election, the nomination of a person as a candidate at the election or as a candidate for the leadership of a registered party shall be deemed not to be an election expense.
R.S. 1985, c. E-2, s. 2; R.S. 1985, c. 27 (2nd Supp.), s. 10; 1990, c. 16, s. 9; 1990, c. 17, s. 17; 1991, c. 11, s. 73; 1992, c. 21, s. 10; 1992, c. 51, s. 47; 1993, c. 19, s. 1; 1996, c. 35, s. 1; 1998, c. 30, s. 14; 1999, c. 3, s. 62.
CHAPTER E-2
An Act respecting the franchise of electors and the election of members to the House of Commons
SHORT TITLE
Short title
1. This Act may be cited as the Canada Elections Act.
R.S. 1970, c. 14 (1st Supp.), s. 1.
Definitions
2. (1) In this Act,
"address"
« adresse »
"address", in relation to the location of a place of residence, office, polling station or other fixed location, includes the postal code assigned to the area in which the place of residence, office, polling station or other fixed location is located;
"advance poll"
« bureau spécial... »
"advance poll" means a poll held as provided by sections 280 to 290;
"auditor"
« vérificateur »
"auditor" means a person who is a member in good standing of any corporation, association or institute of professional accountants, and includes a firm every partner of which is such a person;
"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 the Broadcasting Act;
"Broadcasting Arbitrator"
« arbitre »
"Broadcasting Arbitrator" means the person appointed Broadcasting Arbitrator by the Chief Electoral Officer pursuant to this Act;
"broadcasting period"
« période de radiodiffusion »
"broadcasting period" means the period beginning on Sunday, the twenty-ninth day before polling day at an election, and ending on Saturday, the second day before polling day, except where, pursuant to subsection 79(3), polling day is on a Tuesday, in which case the broadcasting period is the period beginning on Monday, the twenty-ninth day before polling day, and ending on Sunday, the second day before polling day;
"broadcasting undertaking"
« entreprise... »
"broadcasting undertaking" means a broadcasting undertaking as defined in the Broadcasting Act;
"by-election"
« élection partielle »
"by-election" means an election other than a general election;
"candidate"
« candidat »
"candidate" means any person who is officially nominated as a candidate at an election and who or whose official agent has not complied with all the requirements of sections 228 to 247 in respect of that election;
"chief agent"
« agent principal »
"chief agent", in respect of any registered party, means the registered agent of that party who is recorded in the registry of agents of registered parties maintained by the Chief Electoral Officer pursuant to subsection 33(1) as the chief agent of that party;
"commercial time"
« temps... »
"commercial time" means any period of two minutes or less during which a broadcaster normally presents commercial messages, public service announcements or station or network identification;
"commercial value"
« valeur... »
"commercial value", in respect of goods or services donated or provided at less than their commercial value, means
(a) where the person by whom the goods or services are so donated or provided is in the business of supplying those goods or services, the lowest amount charged by him for an equivalent amount of the same goods or services at or about the time they are so donated or provided, and
(b) where the person by whom the goods or services are so donated or provided is not in the business of supplying those goods or services, the lowest amount charged for an equivalent amount of the same goods or services at or about the time that the goods or services are so donated or provided by any other person providing those goods or services on a commercial basis in the market area in which the goods or services are so donated or provided if the amount charged is equal to or greater than one hundred dollars, and if the amount charged is less than one hundred dollars, a nil amount;
"date of issue of the writ"
« date de délivrance du bref »
"date of issue of the writ" means the date shown on the writ pursuant to subsection 12(2);
"during an election" or "at an election" or "throughout an election"
« durant... »...
"during an election" or "at an election" or "throughout an election", in respect of an election in any electoral district, means the period commencing with the issue of the writ for that election and terminating on polling day or, where the writ is withdrawn or deemed to be withdrawn pursuant to section 329, terminating on the day that the writ is withdrawn or deemed to be withdrawn;
"election"
« élection »
"election" means an election of a member or members to serve in the House of Commons;
"election documents" or "election papers"
« documents d’élection » ou « papiers d’élection »
"election documents" or "election papers" mean the papers directed in this Act to be transmitted to the Chief Electoral Officer, after an election, by the returning officer, namely,
(a) the writ with the return of the election endorsed on it,
(b) the nomination papers filed by the candidates,
(c) the reserve supply of undistributed blank ballot papers,
(d) [repealed]
(e) documents relating to the revision of the lists of electors,
(f) the statements of the polls from which the official addition of the votes was made, and
(g) the other returns from the various polling stations enclosed in sealed envelopes, as prescribed in sections 160 to 167, and containing
(i) the list of electors used at the poll,
(ii) a packet of stubs and unused ballot papers,
(iii) packets of ballot papers cast for the various candidates,
(iv) a packet of spoiled ballot papers,
(v) a packet of rejected ballot papers, and
(vi) a packet containing the official list of electors used at the poll, the written appointments of candidates’ agents and the used transfer certificates, if any;
"election expenses"
« dépenses d’élection »
"election expenses" means
(a) amounts paid,
(b) liabilities incurred,
(c) the commercial value of goods and services donated or provided, other than volunteer labour, and
(d) amounts that represent the differences between amounts paid and liabilities incurred for goods and services, other than volunteer labour, and the commercial value thereof where they are provided at less than their commercial value,
(all of which are in this definition referred to as "the cost") for the purpose of promoting or opposing, directly and during an election, a particular registered party, or the election of a particular candidate, and without limiting the generality of the foregoing, includes
(e) the cost of acquiring the right to the use of time on the facilities of any broadcasting undertaking, or of acquiring the right to the publication of an advertisement in any periodical publication,
(f) the cost of acquiring the services of any person, including remuneration and expenses paid to the person or on behalf of the person, as an official agent or registered agent or otherwise, except where the services are donated or provided at materially less than their commercial value,
(g) the cost of acquiring meeting space, of provision of light refreshment and of acquiring and distributing mailing objects, material or devices of a promotional nature, and
(h) the cost of goods or services provided by a government, crown corporation or any other public agency,
when those costs are incurred for a purpose set out in this definition;
"election officer"
« officier d’élection... »
"election officer" means any person having any duty to perform pursuant to this Act, to the faithful performance of which duty that person may be sworn, but does not include
(a) the Chief Electoral Officer, or
(b) any member of the Canadian Forces having any duty to perform pursuant to Schedule II;
"election petition"
« pétition... »...
"election petition" means a petition presented in pursuance of the Dominion Controverted Elections Act;
"elector"
« électeur »
"elector" means a person who is qualified as an elector under section 50 and is not a person referred to in section 51;
"electoral district"
« circonscription »
"electoral district" means any place or territorial area entitled to return a member to serve in the House of Commons;
"electoral district agent"
« agent de... »
"electoral district agent", in relation to a registered party, means a person whose name is recorded in the registry of agents of registered parties maintained by the Chief Electoral Officer pursuant to subsection 33(1) and who is designated as such by the chief agent of the party;
"enumeration date"
« date... »
"enumeration date" [repealed]
"final list of electors"
« liste électorale définitive »
"final list of electors" means the list of electors prepared by the Chief Electoral Officer pursuant to subsection 71.32(1) and setting out, for each electoral district, the surname, given names, civic address and mailing address of each elector who is registered by polling day;
"form"
« formule »
"form" means a form set out in Schedule I or any other form relating to the administration of an election under this Act prescribed by the Chief Electoral Officer;
"hours of the day"
« heures du... »
"hours of the day" and all other references to time relate to local time;
"judge" or "the judge"
« juge »
"judge" or "the judge", when used to define the judicial officer on whom is conferred specific powers, means,
(a) in relation to any place or territory within the judicial district of Quebec or Montreal in the Province of Quebec, the judge performing the duties of Chief Justice or Associate Chief Justice of the Superior Court, as the case may be, each acting for the district in which he resides, or such other judge as may be assigned by the Chief Justice or Associate Chief Justice to perform the duties in this Act required to be performed by the judge,
(b) in relation to any place or territory within a judicial district, other than the judicial district of Quebec or Montreal, in the Province of Quebec for which a judge of the Superior Court has been appointed, the judge so appointed, and if there is more than one such judge, the senior of them,
(c) in relation to any other place or territory in the Province of Quebec, the judge indicated by the Chief Justice or Associate Chief Justice as being the judge exercising from time to time the jurisdiction of the Superior Court Judge of the judicial district within which the place or territory lies, and if there is more than one judge exercising that jurisdiction, the senior of them,
(c.1) in relation to the Province of Ontario, a judge of the Superior Court of Justice,
(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,
(e.1) in relation to the Provinces of Nova Scotia and British Columbia, a judge of the Supreme Court of the Province,
(f) in relation to the electoral district of the Yukon Territory, the judge of the Supreme Court of the Yukon Territory,
(g) in relation to the electoral district of the Northwest Territories, the 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) where there is no judge as defined in paragraphs (a) to (h) or a vacancy exists or arises in the office of any such judge or where such judge is unable to act by reason of illness or absence from his judicial district, the judge exercising the jurisdiction of that judge,
(ii) where there is more than one judge exercising such jurisdiction, the senior of them, and
(iii) where no judge is exercising such jurisdiction, any judge designated for the purpose by the Minister of Justice;
"judicial district"
« district... »
"judicial district" means a territory, county or district in respect of which a judge has been appointed to exercise judicial functions;
"level access"
« accès... »
"level access", in respect of any premises, means premises that are so located that a person may reach the premises from the street or roadway and enter the premises without going up or down any step, stairs or escalator;
"list of electors"
« liste des électeurs » ou « liste électorale »
"list of electors" means the list showing the surname, given names, civic address and mailing address of every elector;
"member"
« député »
"member" means a member of the House of Commons;
"network"
« réseau »
"network" means a network as defined in the Broadcasting Act, but does not include a temporary network operation as defined in that Act;
"network operator"
« exploitant... »
"network operator" means any person to whom permission has been granted by the Canadian Radio-television and Telecommunications Commission to form and operate a network;
"nomination day" "the day of nominations"
« jour de... »...
"nomination day" or "the day of nominations" means the day on which nominations close as provided in this Act;
"oath"
« serment »
"oath" includes a solemn affirmation and a statutory declaration;
"official agent"
« agent officiel »
"official agent" means an agent appointed in the manner set out in subsection 215(1) and specially charged with the paying of all legal expenses on account of the management or conduct of an election;
"official list of electors"
« liste électorale officielle »
"official list of electors" means the list of electors prepared by the returning officer pursuant to subsection 71.31(2);
"official nomination"
« présentation officielle »
"official nomination" means the filing of all the documents required to be filed pursuant to subsection 81(1) and the compliance with all the requirements of that subsection at any time between the date of the proclamation and the hour fixed for the close of nominations on nomination day;
"periodical publication"
« publication périodique »
"periodical publication" means any 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;
"person"
« personne »...
"person" includes elector, voter and candidate;
"personal expenses"
« dépenses personnelles »
"personal expenses", with respect to the expenditure of any candidate in relation to any election at which the candidate is a candidate, includes any reasonable amount in respect of such travel, living and other related expenses, including expenses incurred by a disabled candidate relating to the candidate’s disability, as the Chief Electoral Officer may designate;
"political affiliation"
« appartenance... »
"political affiliation" means, in respect of a candidate at an election, the designation, if any, that pursuant to subsection 81(3) is to be used to describe the candidate at the election;
"poll book"
« cahier... »
"poll book" [repealed]
"polling day", "day of polling" or "ordinary polling day"
« jour du... »...
"polling day", "day of polling" or "ordinary polling day" means the day fixed pursuant to section 79 for holding the poll at an election;
"polling division"
« section de... »
"polling division" means any division, subdivision, district, sub-district or other territorial area fixed by the returning officer, for which a list of electors is prepared and for which one or more polling stations is or are established for the taking of the vote on polling day, and includes two or more institutions constituted as provided in subsection 20(4);
"polling station"
« bureau de... »
"polling station" means premises secured by a returning officer for the taking of the vote of the electors on polling day and to which the whole or a portion of the official list of electors for a polling division is allotted;
"preliminary list of electors"
« liste électorale préliminaire »
"preliminary list of electors" means the list of electors prepared by the Chief Electoral Officer pursuant to section 71.1;
"prescribed"
« prescrit »
"prescribed", in relation to a form, means prescribed by the Chief Electoral Officer;
"prime time"
« heure de... »
"prime time", in relation to a broadcasting undertaking, means, in the case of a radio station, the time between the hours of 6 a.m. and 9 a.m., 12 p.m. and 2 p.m., and 4 p.m. and 7 p.m., and, in the case of a television station, the hours between 6 p.m. and midnight;
"program time"
« durée... »
"program time" means any period longer than two minutes during which a broadcaster does not normally present commercial messages, public service announcements or station or network identification;
"province"
« province »
"province" means any province of Canada and includes the electoral districts of the Yukon Territory and the Northwest Territories;
"recount"
« recomptage »
"recount" includes
(a) adding again the votes given for each candidate as recorded in the statements of the polls returned by the several deputy returning officers, and
(b) examining and counting the used and counted, the unused, the rejected and the spoiled ballot papers as prescribed in subsection 180(1);
"Register of Electors"
« Registre des électeurs »
"Register of Electors" means the Register of Electors established by the Chief Electoral Officer pursuant to section 71.01;
"registered agent"
« agent enregistré »
"registered agent" means a person whose name is recorded in the registry of agents of registered parties maintained by the Chief Electoral Officer pursuant to subsection 33(1) and includes the chief agent of a registered party and an electoral district agent;
"registered party"
« parti... »
"registered party" means a political party that is registered pursuant to section 24;
"rejected ballot paper"
« bulletin rejeté »
"rejected ballot paper" means a ballot paper that has been handed by the deputy returning officer to an elector to cast his vote, but, at the close of the poll, has been found in the ballot box unmarked or so improperly marked that it cannot be counted;
"revised list of electors"
« liste électorale révisée »
"revised list of electors" means the list of electors prepared by the returning officer pursuant to subsection 71.31(1);
"revising agent"
« agent réviseur »
"revising agent" [repealed]
"revising officer"
« réviseur »
"revising officer" [repealed]
"rural polling division"
« section rurale »
"rural polling division" [repealed]
"satisfactory proof of identity"
« preuve... »
"satisfactory proof of identity", in respect of an elector, means such documentary proof of the identity of the elector as is prescribed by the Chief Electoral Officer;
"spoiled ballot paper"
« bulletin de... »
"spoiled ballot paper" means a ballot paper that, on polling day, has not been deposited in the ballot box but has been found by the deputy returning officer to be soiled or improperly printed, or that has been
(a) handed by the deputy returning officer to an elector to cast his vote,
(b) spoiled in marking by the elector, and
(c) handed back to the deputy returning officer and exchanged for another ballot paper;
"stereotype block"
« cliché... »
"stereotype block" [repealed]
"urban polling division"
« section urbaine »
"urban polling division" [repealed]
"volunteer labour"
« travail... »
"volunteer labour" means any service provided free of charge by a person outside of that person’s working hours, but does not include a service provided by a person who is self-employed if the service is one that is normally sold or otherwise charged for by that person;
"voter"
« votant »
"voter" means any person who votes at an election;
"writ"
« bref »
"writ" means a writ of election.
Presumption
(2) Subject to subsections 217(1), (2) and (4), where, prior to being officially nominated as a candidate, a person has either directly or through his official agent incurred any expense that would have been an election expense if that person had been a candidate at that time, that person shall be deemed to have been a candidate as of the day the expense was incurred.
Certain expenses deemed not to be election expenses
(3) For the purposes of this Act, any amount paid, liability incurred or goods or services donated or provided for the purpose of promoting, directly and during an election, the nomination of a person as a candidate at the election or as a candidate for the leadership of a registered party shall be deemed not to be an election expense.
R.S. 1985, c. E-2, s. 2; R.S. 1985, c. 27 (2nd Supp.), s. 10; 1990, c. 16, s. 9; 1990, c. 17, s. 17; 1991, c. 11, s. 73; 1992, c. 21, s. 10; 1992, c. 51, s. 47; 1993, c. 19, s. 1; 1996, c. 35, s. 1; 1998, c. 30, s. 14; 1999, c. 3, s. 62.
ELECTORAL DISTRICTS
Amendments to Schedule III
3. (1) Subject to subsection (2), the Chief Electoral Officer may amend the list of electoral districts specified in Schedule III
(a) by adding to the list the name of any electoral district named and described in a representation order declared pursuant to the Electoral Boundaries Readjustment Act to be in force, where that district coincides with or includes the whole or any part of any electoral district that was specified in Schedule III on July 15, 1971 and the Chief Electoral Officer is of the opinion that the exigencies of restricted communication or transportation facilities require the addition for the better operation of this Act; or
(b) by deleting from the list the name of any electoral district that was specified in Schedule III on July 15, 1971 or that has been added to the list pursuant to this subsection, where that district is not an electoral district named and described in a representation order declared pursuant to the Electoral Boundaries Readjustment Act to be in force.
Time
(2) No amendment to the list of electoral districts specified in Schedule III may be made by the Chief Electoral Officer pursuant to subsection (1) later than seven days after a representation order referred to in that subsection becomes effective, and no amendment to that list becomes effective until notice thereof has been published in the Canada Gazette.
1980-81-82-83, c. 96, s. 1.
CHIEF ELECTORAL OFFICER AND STAFF
Chief Electoral Officer
4. (1) The Chief Electoral Officer shall exercise the powers and perform the duties specified in this Act as exercisable and performable by him.
Rank, powers and duties generally
(2) The Chief Electoral Officer shall rank as and have all the powers of a deputy head of a department, shall devote himself exclusively to the duties of his office and shall not hold any office under Her Majesty or engage in any other employment.
Communication with Governor in Council
(3) The Chief Electoral Officer shall communicate with the Governor in Council through such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council for the purposes of this Act.
R.S. 1970, c. 14 (1st Supp.), s. 3.
Salary and expenses of Chief Electoral Officer
5. (1) 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 ordinary place of residence in the course of his duties.
Superannuation and compensation
(2) The Chief Electoral Officer shall be 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 pursuant to section 9 of the Aeronautics Act.
Payment
(3) Any sums payable to the Chief Electoral Officer shall be paid out of any unappropriated moneys forming part of the Consolidated Revenue Fund.
R.S. 1970, c. 14 (1st Supp.), s. 3; R.S. 1970, c. 10 (2nd Supp.), s. 65; 1980-81-82-83, c. 50, s. 25.
Term of office
6. (1) The Chief Electoral Officer ceases to hold office on attaining the age of sixty-five years but, until he attains that age, he shall be removable only for cause by the Governor General on address of the Senate and House of Commons.
Vacancy in office of Chief Electoral Officer
(2) Where there is a vacancy in the office of Chief Electoral Officer, the vacancy shall be filled by resolution of the House of Commons.
R.S. 1970, c. 14 (1st Supp.), s. 3.
Appointment of substitute
7. (1) Where, while Parliament is not sitting, the Chief Electoral Officer dies or neglects or is unable to perform the duties of his office, a substitute Chief Electoral Officer shall, on the application of the member of the Queen’s Privy Council designated pursuant to subsection 4(3), be appointed by 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) On appointment, a substitute Chief Electoral Officer shall exercise the powers and perform the duties of the Chief Electoral Officer until fifteen days after the commencement of the next following session of Parliament unless the Chief Justice of Canada, or the judge by whom the order appointing a substitute Chief Electoral Officer was made, sooner directs that the order be rescinded.
Absence of Chief Justice
(3) In the absence of both the Chief Justice of Canada and of the judge of the Supreme Court of Canada by whom a substitute Chief Electoral Officer has been appointed, the order appointing the substitute may be rescinded by any other judge of that Court.
Remuneration of substitute
(4) The remuneration of a substitute Chief Electoral Officer may be fixed by the Governor in Council.
R.S. 1970, c. 14 (1st Supp.), s. 3.
Special powers and duties of Chief Electoral Officer
8. (1) The Chief Electoral Officer shall
(a) exercise general direction and supervision over the administrative conduct of elections and enforce on the part of all election officers fairness, impartiality and compliance with the provisions of this Act;
(b) issue to election officers such instructions as he may deem necessary to ensure effective execution of the provisions of this Act; and
(c) exercise all other powers and perform all other duties assigned to him by this Act.
Public education and information programs
(2) The Chief Electoral Officer may implement public education and information programs to make the electoral process better known to the public, particularly those persons and groups most likely to experience difficulties in exercising their democratic rights.
R.S. 1970, c. 14 (1st Supp.), s. 4; 1992, c. 21, s. 11.
Idem
8.1 The Chief Electoral Officer may, using any media or other means that the Chief Electoral Officer considers appropriate, provide the public, both inside and outside Canada, with information relating to Canada’s electoral process and the democratic right to vote and to be a candidate at an election.
1993, c. 19, s. 2.
Power to adapt Act
9. (1) Where, during the course of an election, it appears to the Chief Electoral Officer that, by reason of any mistake, miscalculation, emergency or unusual or unforeseen circumstance, any of the provisions of this Act do not accord with the exigencies of the situation, the Chief Electoral Officer may, by particular or general instructions, extend the time for doing any act, increase the number of election officers or polling stations or otherwise adapt any of the provisions of this Act to the execution of its intent, to such extent as he considers necessary to meet the exigencies of the situation.
Limitation
(2) The Chief Electoral Officer shall not exercise his discretion pursuant to subsection (1) in such a manner as to permit a nomination paper to be received by a returning officer after two o’clock in the afternoon on nomination day or to permit a vote to be cast before or after the hours fixed in this Act for the opening and closing of the poll on ordinary polling day or on the days on which the advance poll is held.
Exception
(3) Notwithstanding subsection (2), where
(a) a returning officer informs the Chief Electoral Officer that, by reason of accident, riot or other emergency, it has been necessary to suspend voting at any polling station during any part of the ordinary polling day, and
(b) the Chief Electoral Officer is satisfied that, if the hours of voting at the polling station are not extended, a substantial number of electors who are qualified to vote at the polling station will be unable to vote thereat,
the Chief Electoral Officer may extend the hours of voting at the polling station to allow votes to be cast on the ordinary polling day after the hour fixed by or pursuant to this Act for the closing of the poll at the polling station, but shall not, in so doing, permit votes to be cast at the polling station during an aggregate period of more than twelve hours.
R.S. 1970, c. 14 (1st Supp.), s. 4; 1996, c. 35, s. 1.1.
Delegation by Chief Electoral Officer
10. Subject to section 326, the Chief Electoral Officer may authorize the Assistant Chief Electoral Officer or any other officer on the staff of the Chief Electoral Officer to exercise any of the powers and perform any of the duties assigned to the Chief Electoral Officer by this Act.
1977-78, c. 3, s. 2.
Staff
11. (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 such other officers, clerks and employees as may be required, who shall be appointed in the manner authorized by law.
Superannuation and compensation
(2) The Assistant Chief Electoral Officer shall be 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 pursuant to section 9 of the Aeronautics Act.
Casual and temporary staff
(3) Such additional officers, clerks and employees as the Chief Electoral Officer considers necessary for the purpose of enabling him to exercise his powers and perform his duties under this Act with respect to the preparation for and conduct of an election may be employed, in the manner authorized by law, on a casual or temporary basis.
Payment out of Consolidated Revenue Fund
(4) The remuneration paid to a person employed pursuant to subsection (3), any additional remuneration paid to members of the staff of the Chief Electoral Officer referred to in subsection (1) for overtime worked by them for the purpose described in subsection (3) and any administration expenses that are incurred for the same purpose shall, in addition to those provided for by subsection 198(4) and section 205, be paid out of any unappropriated money forming part of the Consolidated Revenue Fund.
R.S. 1970, c. 14 (1st Supp.), s. 5; 1977-78, c. 3, s. 3.
WRITS OF ELECTION
Writs of election
12. (1) Elections shall be instituted by writs of election, which shall be in Form 1.
Writs to be dated and made returnable
(2) Writs shall be dated and, at a general election, the Governor in Council shall determine the day on which the writs shall be returned.
Writs forwarded to returning officers
(3) Writs shall be issued by the Chief Electoral Officer and shall forthwith be forwarded to the persons appointed to be returning officers for the various electoral districts.
Writs dated and issued
(4) Notwithstanding subsections (2) and (3), in no case shall a writ be issued on a day that is later than the thirty-sixth day before polling day.
Returning officers to act to enable elections to be held
(5) Every returning officer to whom a writ is directed shall, forthwith on its receipt, or on notification by the Chief Electoral Officer of the issue thereof, cause to be promptly taken such of the proceedings directed by this Act as are necessary in order that the election may be regularly held, and any returning officer who wilfully neglects to do so is guilty of an offence.
R.S. 1970, c. 14 (1st Supp.), s. 6; 1980-81-82-83, c. 96, s. 2; 1993, c. 19, s. 3; 1996, c. 35, s. 2.
Withdrawal of writ
13. Where 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 in any electoral district where a writ has been issued ordering an election,
(a) the Governor in Council may order the withdrawal of the writ;
(b) a notice of the withdrawal of the writ shall be published in a special issue of the Canada Gazette by the Chief Electoral Officer;
(c) a new writ ordering an election shall be issued within three months after publication of the notice of withdrawal of the writ in the Canada Gazette; and
(d) a day not later than three months after the date of issue of the new writ of election shall be named in the new writ as the day fixed for the holding of the poll.
R.S. 1970, c. 14 (1st Supp.), s. 6; 1980-81-82-83, c. 96, s. 2.
RETURNING OFFICERS AND ASSISTANT RETURNING OFFICERS
Appointment of returning officers
14. (1) The Governor in Council may appoint a returning officer for any new electoral district and a new returning officer for any electoral district in which the office of returning officer becomes vacant, within the meaning of subsection (2).
Vacancy
(2) The office of a returning officer is not vacant unless the returning officer dies, resigns or is removed from office for cause within the meaning of subsection (3).
Resignation
(2.1) A returning officer who intends to resign shall give written notice of the resignation to the Chief Electoral Officer and the resignation is effective only if it is accepted by the Chief Electoral Officer.
Removal from office
(3) The Governor in Council may remove from office, for cause, any returning officer who
(a) ceases to reside in the electoral district for which the returning officer was appointed;
(b) is incapable, by reason of illness, physical or mental infirmity or otherwise, of satisfactorily performing the duties of a returning officer under this Act;
(c) has failed to discharge competently any duty of a returning officer under this Act or has failed to comply with any instruction of the Chief Electoral Officer pursuant to paragraph 8(1)(b);
(d) has, at any time after the appointment of the returning officer, been guilty of politically partisan conduct, whether or not in the course of the performance of the returning officer’s duties under this Act; or
(e) has failed to complete the revision of the boundaries of the polling divisions in the electoral district for which the returning officer was appointed, as instructed by the Chief Electoral Officer pursuant to subsection 20(1).
List in Canada Gazette
(4) The name, address and occupation of every person appointed as a returning officer and the name of the electoral district for which he is appointed shall be communicated to the Chief Electoral Officer and he shall publish in the Canada Gazette, between the 1st and 20th days of January in each year, a list of the names, addresses and occupations of the returning officers for every electoral district in Canada.
Appointment within limited period
(5) Where the office of returning officer for an electoral district becomes vacant, the appointment of a returning officer for that electoral district pursuant to subsection (1) shall be made within sixty days from the date on which the Chief Electoral Officer has been informed of the vacancy.
R.S. 1970, c. 14 (1st Supp.), s. 7; 1993, c. 19, s. 4.
Assistant returning officer
15. (1) The returning officer for an electoral district shall, forthwith on appointment, appoint in writing an assistant returning officer, who shall be a person
(a) who is qualified as an elector and resident in the electoral district; and
(b) who is not the mother, father, spouse, natural or adopted child, stepchild, brother, sister, half-brother or half-sister of the returning officer.
Oath
(2) The returning officer and assistant returning officer shall each make oath in the form prescribed, faithfully to perform the duties of the office without partiality, fear, favour or affection.
Transmission of oaths
(3) The oath of the returning officer and the appointment and oath of every assistant returning officer shall be transmitted by the returning officer to the Chief Electoral Officer forthwith after their completion.
Delegation of powers
(4) Subject to section 326, the returning officer for an electoral district may, with the prior approval of the Chief Electoral Officer, authorize any person acting under the returning officer’s direction to exercise and perform any of the powers and duties conferred or imposed on the returning officer by this Act, except the powers and duties conferred or imposed on the returning officer by sections 12, 71.28, 71.29, 73, 81 to 92, 169 to 173, 179, 184, 189 to 191 and 324.
Delegation to be in writing
(5) An authorization under subsection (4) shall be in writing signed by the returning officer and shall bear the date on which it is signed.
Oath
(6) Every person referred to in subsection (4) on whom duties are conferred or imposed pursuant to that subsection shall take an oath, in the prescribed form, to perform faithfully those duties without partiality, fear, favour or affection.
R.S. 1970, c. 14 (1st Supp.), s. 8; 1977-78, c. 3, s. 4, 5; 1993, c. 19, s. 5; 1996, c. 35, s. 3.
Appointment of substitute
16. (1) Where 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 the assistant returning officer shall at once appoint a substitute, who, on appointment, shall take an oath as required by subsection 15(2).
Tenure of office of assistant returning officer
(2) Subject to this section, every assistant returning officer holds office during the pleasure of the returning officer who appointed the assistant returning officer and, after the returning officer ceases to hold office, until the returning officer’s successor has appointed a new assistant returning officer.
Duties of returning officer
(3) A returning officer shall
(a) forthwith 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) forthwith after the death or resignation of an assistant returning officer, notify the Chief Electoral Officer in writing of the death or resignation.
Resignation by assistant returning officer
(4) An assistant returning officer who intends to resign shall give written notice of the resignation to the returning officer who appointed the assistant returning officer or, if the office of returning officer is vacant, to the Chief Electoral Officer.
R.S. 1970, c. 14 (1st Supp.), s. 8; 1993, c. 19, s. 6.
Notice if returning officer incapacitated
17. (1) It is the duty of a returning officer and of the assistant returning officer appointed by him forthwith to notify the Chief Electoral Officer if the returning officer at any time becomes unable to act by reason of illness, absence from the electoral district or otherwise, and it is the duty of the assistant returning officer forthwith to notify the Chief Electoral Officer of the death of the returning officer.
Communication of notifications
(2) The Chief Electoral Officer shall communicate all notifications transmitted to him pursuant to subsection (1) to the member of the Queen’s Privy Council for Canada designated pursuant to subsection 4(3).
Assistant returning officer to act
(3) Where a returning officer dies or becomes unable to act, the assistant returning officer appointed by the returning officer acts, until the appointment of a new returning officer or until the returning officer becomes able to act, as if the assistant returning officer had been appointed to be returning officer for the electoral district.
Writ addressed to assistant returning officer
(4) A writ of election may, in any case in which the returning officer has died or become unable to act before the issue of the writ and before his successor has been appointed, be addressed to the assistant returning officer.
Appointment of assistant returning officer
(5) Every assistant returning officer who is required to act as returning officer in the place of the returning officer who appointed the assistant returning officer shall appoint an assistant returning officer.
R.S. 1970, c. 14 (1st Supp.), s. 8; 1993, c. 19, s. 7.
Appointment of additional assistant returning officer
18. (1) On request by the returning officer of any electoral district, the Chief Electoral Officer may designate areas in that electoral district and authorize, in writing, the appointment of an assistant returning officer, in addition to the assistant returning officer appointed pursuant to subsection 15(1), for each of those areas.
Idem
(2) A returning officer may, as authorized pursuant to subsection (1), appoint an assistant returning officer and establish an office in each area designated by the Chief Electoral Officer.
Delegation limited
(3) Where an assistant returning officer appointed under subsection (2) is authorized pursuant to subsection 15(4) to exercise powers and perform duties, he shall exercise those powers and perform those duties only in respect of the area for which he is appointed.
Application
(4) Section 17 and subsections 19(2), 85(1) and 169(1) and (2) do not apply to an assistant returning officer appointed pursuant to subsection (2).
R.S. 1970, c. 14 (1st Supp.), s. 8; 1977-78, c. 3, s. 4, 5 and 88; 1993, c. 19, s. 8.
Returning officer to open and maintain an office
19. (1) Every returning officer shall
(a) forthwith on the receipt of notice that a writ has been issued for an election in the electoral district for which the returning officer is appointed, open in some convenient place in the electoral district an office in premises with level access where the electors can have recourse to the returning officer;
(b) maintain the office throughout the election; and
(c) give public notice of the location of the office in the proclamation of the election in Form 2, or in such other manner as the Chief Electoral Officer may direct.
Hours
(2) The Chief Electoral Officer may prescribe the hours that the office of the returning officer must be open during an election and the minimum number of hours of compulsory attendance at that office by the returning officer and the assistant returning officer.
Capacity
(3) No returning officer or assistant returning officer shall act in any other capacity under this Act.
R.S. 1970, c. 14 (1st Supp.), s. 9; 1977-78, c. 3, s. 6; 1992, c. 21, s. 12; 1993, c. 19, s. 9.
POLLING DIVISIONS
Revision of boundaries of polling divisions
20. (1) The polling divisions of an electoral district shall be those established for the last general election, unless the Chief Electoral Officer at any time considers that a revision of the boundaries thereof is necessary, in which case he shall instruct the returning officer for the electoral district to carry out a revision before a date to be fixed by the Chief Electoral Officer.
Polling divisions with 250 electors
(2) The returning officer, in carrying out a revision pursuant to instructions issued under subsection (1), shall
(a) give due consideration to the polling divisions established by municipal and provincial authorities and to geographical and all other factors that may affect the convenience of the electors in casting their votes at the appropriate polling station, which shall be established by the returning officer at a convenient place in the polling division, or as prescribed in subsection 106(1) or (2), 107(1) or (2) or 107.1(1); and
(b) subject to paragraph (a), reallocate and define the boundaries of the polling divisions of the returning officer’s electoral district so that each polling division contains at least two hundred and fifty electors.
Polling divisions with less than 250 electors
(3) Notwithstanding anything in this section, where the returning officer considers that it would facilitate the taking of the vote, the returning officer may, with the approval of the Chief Electoral Officer, establish a polling division of less than two hundred and fifty electors.
Institutions
(4) A returning officer may, with the approval of the Chief Electoral Officer and notwithstanding anything in this section, constitute polling divisions consisting of two or more institutions where elderly or disabled persons reside.
R.S. 1970, c. 14 (1st Supp.), s. 10; 1992, c. 21, s. 13; 1993, c. 19, s. 10.
Urban polling divisions
21. (1) The Chief Electoral Officer has power to decide, and shall decide, on the best available evidence, whether any place is an incorporated city or town, and whether it has a population of five thousand or more.
Idem
(2) Where the Chief Electoral Officer decides pursuant to subsection (1) that any place is an incorporated city or town having a population of five thousand or more, the polling divisions in that place shall be treated as urban polling divisions.
Exceptions in certain cases
(3) Whenever it has been represented to the Chief Electoral Officer that
(a) the population of any place other than a place referred to in subsection (1) is of a transient or floating character, or
(b) any rural polling divisions situated near an incorporated city or town of five thousand population or more have acquired the urban characteristics of the polling divisions comprised in that city or town,
he has power, when requested not later than the date of the issue of the writ ordering an election in the electoral district in which that place or those rural polling divisions are located, to declare, and shall declare if he deems it expedient, any of the polling divisions in that place or any of those rural polling divisions to be urban polling divisions.
Idem
(4) Whenever it has been represented to the Chief Electoral Officer that part of an incorporated city or town of five thousand population or more is rural in nature, he has power, when requested not later than the date of the issue of the writ ordering an election in the electoral district in which that part of the city or town is located, to declare, and shall declare if he deems it expedient, any or all of the polling divisions comprised in that part of the city or town to be rural polling divisions.
Rural polling divisions
(5) All areas comprised in any electoral district other than areas referred to in subsection (2) or (3) shall be treated as rural polling divisions.
R.S. 1970, c. 14 (1st Supp.), s. 11.
NEW ELECTORAL DISTRICTS
New electoral districts
21.1 (1) The Chief Electoral Officer shall, in a new electoral district, transpose the results that were obtained in a previous general election to the polling divisions comprised in the new electoral district in order to determine which registered party has the right to supply the returning officer in that electoral district with the names of qualified persons to exercise the functions of election officers.
Idem
(2) When the Chief Electoral Officer has determined which party is entitled to supply names of qualified persons pursuant to subsection (1), the Chief Electoral Officer shall advise the registered parties.
1993, c. 19, s. 11.
ELECTION MATERIALS
Supplies for returning officers
22. Whenever it is considered expedient or, at the latest, immediately after the issue of the writ, the Chief Electoral Officer shall transmit to the returning officer
(a) such sufficiently indexed copies of this Act, and such instructions prepared by the Chief Electoral Officer, as are required for the proper conduct of an election by the returning officer and to enable the returning officer to supply to each election officer with a copy of those instructions as the officer may have occasion to consult or observe in the performance of that officer’s duties;
(b) sufficient supplies for the election officers responsible for revising the lists of electors; and
(c) sufficient election supplies, blank ballot papers and blank forms, including the forms of oaths, for the purposes of the election, except Forms 2 and 3 and the forms prescribed pursuant to subsection 93(2) and paragraph 282(1)(a), which the returning officer shall cause to be printed.
R.S. 1970, c. 14 (1st Supp.), s. 12; 1977-78, c. 3, s. 7, 8 and 88; 1993, c. 19, s. 12; 1996, c. 35, s. 4.
Printing material
23. Before nomination day, the Chief Electoral Officer shall cause to be delivered to every returning officer the necessary printing material specially prepared for the purposes of the particular election and designed so that an impression made from it on the back of the ballot paper will be readily recognizable and will show the name of the electoral district and the year of the election.
R.S. 1970, c. 14 (1st Supp.), s. 12; 1980-81-82-83, c. 54, s. 56; 1993, c. 19, s. 13.
REGISTRATION OF POLITICAL PARTIES
Registry and application for registration
24. (1) The Chief Electoral Officer shall maintain a registry of political parties and subject to this section and sections 25 to 32 shall register therein any political party that files with him an application for registration signed by the leader of the party, setting out
(a) the full name of the party,
(b) the short form of the party name or the abbreviation, if any, of the party name to be shown in any election documents,
(c) the name and address of the leader of the party,
(d) the address of the office of the party where records are maintained and to which communications may be addressed,
(e) the names and addresses of the officers of the party,
(f) the name and address of the person who has been appointed auditor of the party,
(g) the name and address of the chief agent of the party, and
(h) the names, addresses and signatures of one hundred electors who are members of the party,
and accompanied by a statement in writing signed by the person named pursuant to paragraph (f) stating that he has accepted the appointment as auditor of the party.
Logo
(1.1) An application for registration referred to in subsection (1) may also include the party logo.
Registration
(2) On receipt of an application for registration of a political party pursuant to subsection (1), the Chief Electoral Officer shall examine the application and determine whether the party can be registered under this section and
(a) where he determines that, on the nomination by the party of fifty candidates in accordance with paragraph (3)(a) or (b), whichever is applicable, the party could be registered, so inform the leader of the party; or
(b) in any other case, inform the leader of the party that the party cannot be registered.
Effective date of registration
(3) Where the leader of a political party has been informed by the Chief Electoral Officer pursuant to paragraph (2)(a) that, on the nomination of fifty candidates in accordance with paragraph (a) or (b), whichever is applicable, the political party could be registered, the party shall be registered
(a) if the application for registration is filed within the period commencing with the day following polling day at one general election and terminating on the sixtieth day before the issue of writs for the next general election, on the day after the party has officially nominated candidates in fifty electoral districts at the next general election, or
(b) if the application for registration is filed within the period commencing with the fifty-ninth day before the issue of writs for a general election and terminating on polling day at that election, on the day after the party has officially nominated candidates in fifty electoral districts at the general election next following the general election falling within that period,
and if the political party fails to nominate fifty candidates in accordance with paragraph (a) or (b), whichever is applicable, the Chief Electoral Officer shall inform the leader of the party that the party cannot be registered.
Prohibitions against registration
(4) The Chief Electoral Officer shall not register a political party where, in the case of an application for registration,
(a) the Chief Electoral Officer is of the opinion that the name, the short form or the abbreviation of the name or the logo of the party so nearly resembles the name, the short form or the abbreviation of the name or the logo, as the case may be, of
(i) a registered party, or
(ii) another political party the application for registration of which was made first in time and the leader of which has not been informed that the party cannot be registered,
as to be likely to be confused with the registered party or the other political party; or
(b) the name of the party includes the word "independent".
R.S. 1970, c. 14 (1st Supp.), s. 13; 1977-78, c. 3, s. 9 and 88; 1993, c. 19, s. 14.
Variation of registration
25. (1) The Chief Electoral Officer may, on receipt of an application to change the name of a registered party, its short form or abbreviation or the logo of a registered party, signed by the leader of the registered party, vary the name, the short form or the abbreviation of the name or the logo of a registered party in the registry referred to in section 24 in accordance with the application to any other name, short form or abbreviation thereof or logo that can be registered pursuant to this section if the application contains the information required by paragraphs 24(1)(a) to (g), and is accompanied by a certified copy of the resolution to change the name, its short form or abbreviation or the logo.
Effective date of variation
(2) Subject to subsection (3), where the Chief Electoral Officer accepts an application to vary the name, the short form or the abbreviation of the name or the logo of a registered party, the change is effective on the date the application was received by the Chief Electoral Officer.
Idem
(3) Where an application to make the change referred to in subsection (1) is received by the Chief Electoral Officer during an election, the change, if the application is accepted by the Chief Electoral Officer, is effective on the day immediately following the day fixed for the return of the writs.
R.S. 1970, c. 14 (1st Supp.), s. 13; 1993, c. 19, s. 15.
Report of change in registration
26. (1) Where, as a result of a change in the leadership of a registered party or other change, any of the information or material provided by that party to the Chief Electoral Officer pursuant to paragraphs 24(1)(b) to (g) or pursuant to this subsection ceases to be applicable, the registered party shall, within thirty days after the change occurs, send a report in writing, signed by the leader of the party, setting out the details of the change to the Chief Electoral Officer and, on receipt of the report, the Chief Electoral Officer may vary the registry referred to in subsection 24(1) in accordance with the information contained in the report.
Idem
(2) Where a change referred to in subsection (1) is a change to the leadership of the party, the report required by that subsection must be accompanied by a copy of the resolution of an official meeting of the party appointing the new leader, certified by the new leader and by another officer of the party.
Auditor or Chief Agent
(3) Where a change referred to in subsection (1) is the appointment of a new auditor or chief agent, the report required by that subsection must include a statement in accordance with subsection 24(1) signed by the person named in accordance with paragraphs 24(1)(f) or (g).
1977-78, c. 3, s. 9; 1993, c. 19, s. 16.
Duties of registered parties
27. At a general election, every registered party that has been registered prior to that election shall, not later than ten days after the date of the issue of the writs, file with the Chief Electoral Officer a statement in writing signed by the leader of the party
(a) confirming or bringing up to date the information contained in the application for registration of the party; and
(b) where the leader wishes to designate representatives to endorse candidates at the election, designating those representatives.
R.S. 1970, c. 14 (1st Supp.), s. 13; 1977-78, c. 3, s. 88; 1993, c. 19, s. 17.
Deletions from registry
28. (1) The Chief Electoral Officer may delete from the registry
(a) at a general election, on or after the eleventh day after the date of issue of the writs, any registered party that has not complied with section 27; or
(b) at any time, any registered party that has failed to comply with subsections 26(1), 31(3), 33(2), 34(1), 42(1), 44(1) and 46(1).
Idem
(2) The Chief Electoral Officer shall, on the close of nominations at a general election, delete from the registry referred to in subsection 24(1), any registered party that did not at the close of nominations on that day have candidates in at least fifty of the electoral districts.
Where party deemed represented in House
(3) For the purposes of this section, a political party is deemed not to have been represented in the House of Commons at a particular time unless at that time it was represented therein by twelve or more members.
R.S. 1970, c. 14 (1st Supp.), s. 13; 1973-74, c. 51, s. 3; 1977-78, c. 3, s. 9; 1980-81-82-83, c. 96, s. 3; 1993, c. 19, s. 18.
Fiscal period
29. (1) The fiscal period of each registered party shall coincide with the calendar year.
Idem
(2) Where the fiscal period of a political party that becomes a registered party does not coincide with the calendar year, the party shall vary the period of its then prevailing fiscal year by either restricting or extending it by such number of days as is necessary to cause it to terminate on the last day of a calendar year but in no case shall the then prevailing fiscal year of the party be restricted to less than six months or extended to more than eighteen months.
1973-74, c. 51, s. 3; 1977-78, c. 3, s. 9.
Voluntary deletion from registry
30. (1) A registered party may, at any time other than during a general election, apply to the Chief Electoral Officer to delete the party from the registry and, on receipt of the application, the Chief Electoral Officer may, if the chief agent of the party has transmitted to the Chief Electoral Officer the return described in subsection 46(1) containing substantially the information required by subsection 46(2), in respect of each general election that has been held since the registration of the party became effective, delete the party from the registry.
Idem
(2) An application under subsection (1) shall be in writing signed by the leader and any two officers of the registered party.
Idem
(3) Subsection 43(1) and sections 44 and 45 continue to apply to a political party after it has been deleted from the registry pursuant to subsection (1) in respect of any fiscal period of the party ending before it is so deleted and the fiscal period of the party in which it is so deleted.
1977-78, c. 3, s. 9.
Applicant deemed to be a registered party
31. (1) Where the leader of a political party that has made application for registration pursuant to subsection 24(1)
(a) has been informed by the Chief Electoral Officer pursuant to paragraph 24(2)(a) that, on the nomination of fifty candidates in accordance with paragraph 24(3)(a) or (b), whichever is applicable, the party could be registered, and
(b) has not been informed by the Chief Electoral Officer pursuant to subsection 24(3) that the party cannot be registered,
that political party shall be deemed to be a registered party for the purposes of sections 25 and 26, paragraph 27(a), subsection (3) of this section and subsections 33(2) to 34(2) and 42(1) and those provisions apply to that political party with such modifications as the circumstances require, but where the political party fails to comply with section 26, paragraph 27(a), subsection (3) of this section or subsections 33(2) to 34(2) and 42(1), the Chief Electoral Officer shall inform the leader of the party that the party cannot be registered.
Failure of political party to comply with subsection (1)
(2) Where a political party referred to in subsection (1) fails to comply with any provision referred to in that subsection and that failure to comply would cause the Chief Electoral Officer to inform the leader of the party that the party cannot be registered, the provisions of subsections (5) to (9) apply with such modifications as the circumstances require.
Confirmation of information in registry
(3) Every registered party shall, within six months after the end of every calendar year, file with the Chief Electoral Officer a statement in writing, signed by the leader of the party, confirming the information relating to that registered party contained in the registry referred to in subsection 24(1).
Application for registration ceasing to be valid
(4) An application for registration of a political party ceases to be valid when the Chief Electoral Officer informs the leader of the political party, pursuant to subsection 24(3), that the party cannot be registered.
Contravention of provision by registered party
(5) Where the Chief Electoral Officer believes on reasonable grounds that a registered party has contravened any provision referred to in subsection 28(1), the Chief Electoral Officer shall, by notice in writing, so inform the party in accordance with subsection (6) and require that the party, within thirty days after the receipt of the notice,
(a) cease the contravention; or
(b) establish to the satisfaction of the Chief Electoral Officer that the contravention is not the result of any negligence or lack of good faith.
Notice
(6) The notice referred to in subsection (5) shall be sent to the leader, to the chief agent and to all other officers of the party set out in the registry referred to in subsection 24(1).
Deletion of registered party from registry
(7) The Chief Electoral Officer may delete a registered party from the registry referred to in subsection 24(1) where a registered party in respect of which a notice has been sent pursuant to subsection (5) has not, within the period referred to in the notice, ceased the contravention referred to in the notice or established to the satisfaction of the Chief Electoral Officer that the contravention was not the result of any negligence or lack of good faith.
Failure to file statement
(8) Where the contravention referred to in a notice sent pursuant to subsection (5) is the failure to file the statement referred to in section 27, the time period referred to in the notice shall be five days.
Notice of deletion
(9) Where the Chief Electoral Officer has, pursuant to subsection 28(2), 30(1) or subsection (7) of this section, deleted a registered party from the registry referred to in subsection 24(1), the Chief Electoral Officer shall publish a notice of the deletion in the Canada Gazette and send a copy of the notice to the leader, to the chief agent and to all other officers of the party set out in the registry.
Return
(10) Where a registered party is deleted from the registry referred to in subsection 24(1), the chief agent shall, within six months following the publication of the notice referred to in subsection (9), transmit to the Chief Electoral Officer the return described in section 44 for the portion of the party’s fiscal period that immediately preceded the deletion and for any other fiscal period for which the party has not filed a return and, as the case may be, the return described in section 46 in respect of each election the writ for which was issued before the deletion.
Duties of chief agent
(11) The chief agent of a registered party that is deleted from the registry referred to in subsection 24(1) shall, within three months after the expiration of the period referred to in subsection (10), provide for the transmittal of the return, liquidate the assets of the party, pay the debts of the party and remit any remaining balance to the Chief Electoral Officer who shall transmit that balance to the Receiver General or, where there is no balance remaining, so inform the Chief Electoral Officer by a notice in writing.
Compliance with subsection (11)
(12) Where the assets of a registered party are sold pursuant to subsection (11), the chief agent shall file in the form prescribed by the Chief Electoral Officer an accounting of the sale of those assets.
Contributions
(13) Where a registered party is deleted from the registry referred to in subsection 24(1), all contributions received between the date the notice referred to in subsection (9) is published and the date of the remittance of any balance to the Chief Electoral Officer pursuant to subsection (11) shall be included in the balance to be remitted to the Chief Electoral Officer.
Disposal of assets
(14) The chief agent of every registered party that is deleted from the registry referred to in subsection 24(1) is responsible for the disposal of the assets of the party and, if any of those assets are disposed of for less than market value, the chief agent is personally liable for the difference between the market value and any proceeds received from the disposal of the assets.
Effective date of deletion
(15) Where a registered party is deleted from the registry referred to in subsection 24(1), the deletion is effective on the date the Chief Electoral Officer receives the balance or the notice referred to in subsection (11).
1977-78, c. 3, s. 9; 1993, c. 19, s. 19.
Withdrawal of application
32. (1) An application for registration may be withdrawn at any time prior to the registration becoming effective by sending the Chief Electoral Officer a request to that effect signed by the leader of the party.
Idem
(2) Where an application is withdrawn pursuant to subsection (1), the Chief Electoral Officer shall be deemed to have informed the leader of the party that the party cannot be registered.
1977-78, c. 3, s. 9; 1993, c. 19, s. 20.
AGENTS, AUDITORS AND INCOME AND EXPENDITURES OF REGISTERED PARTIES
Registry of agents
33. (1) The Chief Electoral Officer shall maintain a registry of agents of registered parties in which shall be recorded the name and address of the chief agent of each registered party and the name and address of each other agent of each registered party.
Application for registration
(2) Every political party that makes application for registration pursuant to subsection 24(1) and whose leader is informed by the Chief Electoral Officer pursuant to paragraph 24(2)(a) that, on the nomination of fifty candidates in accordance with paragraph 24(3)(a) or (b), whichever is applicable, the party could be registered shall, within thirty days after being so informed, file with the Chief Electoral Officer a notification signed by the leader of the party or the chief agent of the party, setting out the names and addresses of all agents of the party other than the chief agent and, on registration of the political party, the information shall be recorded by the Chief Electoral Officer in the registry referred to in subsection (1).
Electoral district agents
(3) An association or organization of the members of a registered party within an electoral district may choose a person or persons to be electoral district agents for the purposes of that registered party in that electoral district and may so notify the registered party who may forthwith notify the Chief Electoral Officer setting out the name and address of those persons and the information shall be recorded by the Chief Electoral Officer in the registry referred to in subsection (1).
1973-74, c. 51, s. 4; 1977-78, c. 3, s. 10.
Variation of registry
34. (1) Where
(a) any person whose name is recorded in the registry referred to in subsection 33(1) ceases to be an agent of the registered party in relation to which his name is recorded,
(b) a new chief agent of a registered party is appointed, or
(c) any additional agent of a registered party is appointed,
the chief agent of the party or, in a case where the chief agent of the party has ceased to hold that position or a new chief agent has been appointed, the leader of the party shall, within thirty days, notify the Chief Electoral Officer in writing and, on receipt of that notice, the Chief Electoral Officer shall vary the registry accordingly.
Appointment of new chief agent
(2) Where the position of chief agent of a registered party becomes vacant or the chief agent is unable ordinarily to perform the duties of chief agent, a new chief agent shall forthwith be appointed and the leader of the party shall, within thirty days after such appointment, file with the Chief Electoral Officer a notification of change of chief agent, signed by the leader of the party, setting out the name and address of the party’s new chief agent and that information shall be recorded by the Chief Electoral Officer in the registry referred to in subsection 33(1).
1973-74, c. 51, s. 4; 1977-78, c. 3, s. 10.
Registration of electoral district agents
35. (1) Forthwith after his appointment, the chief agent of each registered party shall notify the Chief Electoral Officer of the name and address of any electoral district agents of the party and that information shall be recorded by the Chief Electoral Officer in the registry referred to in subsection 33(1).
Variation of registry
(2) Where
(a) any person whose name is recorded in the registry referred to in subsection 33(1) ceases to be an electoral district agent of the registered party in relation to which his name is recorded, or
(b) any additional electoral district agent or agents of the registered party are appointed,
the chief agent of the registered party shall notify the Chief Electoral Officer by notice in writing and, on receipt of that notice, the Chief Electoral Officer shall vary the register accordingly.
Election officers ineligible as agents of registered party
(3) No returning officer, deputy returning officer or assistant returning officer, or the partner or clerk of any of them, and no person other than an elector is eligible to act as an agent for any registered party and, if any of those persons so acts, he is guilty of an illegal practice and of an offence.
Agent may be a corporation
(4) Notwithstanding subsection (3), a corporation incorporated under the laws of Canada or a province may act as an agent of a registered party.
1973-74, c. 51, s. 4; 1977-78, c. 3, s. 10.
Contributions and payments to be made through agent only
36. (1) Subject to section 38,
(a) all money provided by an individual other than the candidate or by a corporation, trade union, unincorporated organization or association, whether as a loan, advance, deposit, contribution, gift or otherwise, shall be paid on his or its own behalf out of moneys to which he or it is beneficially entitled to a registered agent of the party, and where the registered agent of a party cannot determine the class of the donor as described in paragraph 44(2)(a) and the name of the donor as referred to in paragraph 44(2)(b), he shall forthwith pay to the Receiver General, by a cheque, money order or the like made payable to the Receiver General and forwarded to the Chief Electoral Officer, an amount of money equal to the amount so received; and
(b) no payment shall be made by or on behalf of a registered party otherwise than by or through a registered agent of the party.
Offence
(2) Every person who provides any money in contravention of paragraph (1)(a) or makes any payment in contravention of paragraph (1)(b) is guilty of an offence.
Bill of particulars
(3) Every payment made by or through a registered agent in respect of any expenses of a registered party shall, except where the payment is less than twenty-five dollars, be vouched for by a bill stating the particulars and by proof of payment.
Claims to be sent within three months or rights barred
(4) Every person who issues a bill to or makes any charge or claim on a registered party shall send the bill, charge or claim to the party or to a registered agent thereof within three months after the day on which the bill, charge or claim was issued or made and, if he does not do so, the right of that person to recover the amount of the bill, charge or claim or any part thereof shall be barred.
Death of claimant
(5) In the event of the death, within the three months referred to in subsection (4), of any person claiming the amount of any bill, charge or claim referred to in that subsection, the legal representative of the person shall send the bill, charge or claim to the registered party or to a registered agent thereof within three months after the representative obtains probate or letters of administration or otherwise becomes entitled to act as legal representative and, if the representative does not do so, the right to recover the amount of the bill, charge or claim or any part thereof shall be barred.
1973-74, c. 51, s. 4; 1977-78, c. 3, s. 10.
Payment within six months
37. (1) All bills, charges or claims incurred by or on behalf of a registered party shall be paid within six months after the day on which the amount of the bill, charge or claim became payable.
Action for recovery in claims deemed disputed
(2) Where a registered agent, in the case of any claim sent in to him or to the registered party within the time limited by this Act, disputes it or refuses or fails to pay within the six months referred to in subsection (1), the claim shall be deemed to be a disputed claim and the claimant may, if he thinks fit, bring an action to recover the claim in any competent court.
Payment in pursuance of judgment deemed exception
(3) Any sum paid by a registered agent pursuant to a judgment or order of a court made in respect of an action brought pursuant to subsection (2) shall be deemed to be paid within the time limited by this Act.
1973-74, c. 51, s. 4.
Petty expenses
38. (1) Any person may, if so authorized in writing by a registered agent, pay any necessary expenses for stationery, postage, telegrams and other petty expenses to a total amount not exceeding that named in the authority, but any excess above the total amount so named shall be paid by a registered agent.
Statement of particulars and proof of payment
(2) A statement of the particulars of payments made by any person authorized to make payments pursuant to subsection (1) shall be sent to a registered agent within the time limited by this Act for the sending in of claims and shall be vouched for by a bill containing the proof of payment by that person.
1973-74, c. 51, s. 4; 1977-78, c. 3, s. 10.
Limitation of expenses of registered parties
39. (1) The chief agent of any registered party that, through registered agents acting within the scope of their authority or other persons acting on behalf of the registered party with the actual knowledge and consent of an officer thereof, incurs election expenses on account of or in respect of the conduct or management of an election that exceed in the aggregate the product obtained by multiplying
(a) the product obtained by multiplying thirty cents by the number of names appearing on all preliminary lists of electors at the election for the electoral districts in which there is an official candidate who has the endorsement of the party,
by
(b) the fraction published by the Chief Electoral Officer pursuant to subsection (2) that is in effect on the date of the issue of the writ for the election
is guilty of an offence.
Chief Electoral Officer to publish fraction
(2) Before April 1 of each calendar year, the Chief Electoral Officer shall publish in the Canada Gazette a fraction as determined under subsection (3), which fraction shall be in effect for the period beginning April 1 of the calendar year in which the fraction is published and ending March 31 of the calendar year next following.
Fraction
(3) The fraction determined under this subsection is the fraction of which
(a) the numerator is the average of the Consumer Price Index, as published by Statistics Canada under the authority of the Statistics Act, for the twelve month period ending December 31 of the year immediately preceding the calendar year during which the fraction is to commence to be in effect, calculated on the basis of 1981 being equal to 100; and
(b) the denominator is 88.9, being the Consumer Price Index, as published by Statistics Canada under the authority of the Statistics Act, for 1980 calculated on the basis of 1981 being equal to 100.
1973-74, c. 51, s. 4; 1980-81-82-83, c. 164, s. 2.
Amounts not included in election expenses
40. (1) In determining, for the purposes of section 39, the amount of election expenses incurred by a registered party on account of or in respect of the conduct or management of an election, there shall not be included any amount in respect of contributions or gifts made by or on behalf of the registered party for the use of candidates at the election.
Offence by registered party
(2) Where an offence is committed under subsection 39(1) by the chief agent of a registered party, the registered party is guilty of an offence and liable on summary conviction to a fine not exceeding twenty-five thousand dollars.
1973-74, c. 51, s. 4.
Publication of preliminary lists
41. The Chief Electoral Officer shall, not later than the thirty-first day before polling day, determine the number of names appearing on all preliminary lists of electors for each electoral district and cause the information so determined to be published in the Canada Gazette.
1973-74, c. 51, s. 4; 1980-81-82-83, c. 96, s. 4; 1996, c. 35, s. 5.
Auditor
42. (1) Where an auditor of a registered party ceases for any reason to hold that office, ceases to be qualified as an auditor or becomes ineligible as provided in subsection (2), the party shall, within thirty days, appoint another auditor.
Persons not eligible
(2) No returning officer, deputy returning officer or assistant returning officer and no candidate, official agent of a candidate or registered agent of a registered party is eligible to act as the auditor for a registered party and, if any of those persons so acts, he is guilty of an offence.
1973-74, c. 51, s. 4; 1977-78, c. 3, s. 11; 1980-81-82-83, c. 164, s. 3.
Auditor’s report
43. (1) The auditor appointed by a registered party shall make a report to the chief agent of the party on each return of receipts and expenses of the party for a fiscal period and on each return in respect of election expenses of the party prepared during his term of office and shall make such examinations as will enable him to state in his report whether in his opinion the return presents fairly the information contained in the accounting records on which the return is based.
Where statement required
(2) An auditor, in his report pursuant to subsection (1), shall make such statements as he considers necessary in any case where
(a) the return to which the report relates does not present fairly the information contained in the accounting records on which it is based;
(b) he has not received from registered agents and officers of the party all the information and explanation that he has required; or
(c) proper accounting records have not been kept by the registered party, in so far as appears from his examination.
Right of access
(3) An auditor of a registered party shall have access at all reasonable times to all records, documents, books, accounts and vouchers of the party, and is entitled to require from the registered agents and officers of the party such information and explanation as in his opinion may be necessary to enable him to report as required by subsection (1).
1973-74, c. 51, s. 4.
Return of receipts and expenses for fiscal period
44. (1) The chief agent of a registered party shall transmit to the Chief Electoral Officer, in respect of each fiscal period of the party, a return of the party’s receipts and expenses, other than election expenses in relation to a general election, for the fiscal period, substantially in a form prescribed by the Chief Electoral Officer, and the auditor’s report made to the chief agent under subsection 43(1) in respect thereof.
Contents of return
(2) A return referred to in subsection (1) shall set out
(a) the amount of money and the commercial value of goods and services provided for the use of the party by way of loan, advance, deposit, contribution or gift in the fiscal period by each of the following classes of donors, namely, individuals, businesses, commercial organizations, governments, trade unions, corporations without share capital other than trade unions, and unincorporated organizations or associations other than trade unions, and the number of donors in each class;
(b) the name of each individual, business, commercial organization, trade union, corporation without share capital other than a trade union, unincorporated organization and association, listed according to the classes of donors referred to in paragraph (a), that made a loan, advance, deposit, contribution or gift in the fiscal period for the use of the party the amount of which exceeded one hundred dollars or that made loans, advances, deposits, contributions or gifts in the fiscal period for the use of the party the aggregate of which exceeded one hundred dollars, and in each case the amount of the loan, advance, deposit, contribution or gift or of the aggregate of the loans, advances, deposits, contributions or gifts made by him or it in the fiscal period;
(c) the amounts of money expended on operating expenses of the party, including travel costs of the leader of the party and other party officials; and
(d) the total of all other expenditures, other than election expenses in relation to a general election, made by or on behalf of the party.
Return to be transmitted to Chief Electoral Officer
(3) A return referred to in subsection (1) shall be transmitted to the Chief Electoral Officer, together with the auditor’s report referred to in subsection (1), within six months after the end of the fiscal period to which the return relates.
1973-74, c. 51, s. 4; 1980-81-82-83, c. 164, s. 4.
Gifts or contributions through local associations
45. (1) Where a loan, advance, deposit, contribution or gift for the use of a registered party is made by any local association of a political party, the return referred to in subsection 44(1) in respect of the registered party shall, if the amount or value of the loan, advance, deposit, contribution or gift exceeds one hundred dollars, include
(a) the name of each individual, business, commercial organization, government, trade union, corporation without share capital other than a trade union, unincorporated organization or association whose loan, advance, deposit, contribution or gift to any local association exceeded one hundred dollars and was comprised in the loan, advance, deposit, contribution or gift by any local association for the use of the registered party; and
(b) the amount or value of the loan, advance, deposit, contribution or gift by each individual, business, commercial organization, government, trade union, corporation without share capital other than a trade union, unincorporated organization or association referred to in paragraph (a).
Idem
(2) Where, in circumstances in which subsection (1) applies, any of the donors whose loans, advances, deposits, contributions or gifts to the local association exceeded one hundred dollars and were comprised in the loan, advance, deposit, contribution or gift by the local association for the use of the registered party cannot be identified, the return referred to in subsection 44(1) in respect of the registered party shall include information with respect to each individual, business, commercial organization, government, corporation without share capital other than a trade union, unincorporated organization or association that made a loan, advance, deposit, contribution or gift to the local association that exceeded one hundred dollars in the fiscal period of the registered party to which the return relates as if those loans, advances, deposits, contributions or gifts had been contributions or gifts for the use of the registered party.
1973-74, c. 51, s. 4; 1977-78, c. 3, s. 12; 1980-81-82-83, c. 164, s. 4.
Return in respect of election expenses
46. (1) The chief agent of a registered party shall transmit to the Chief Electoral Officer, in respect of each general election, a return in respect of election expenses incurred by or on behalf of the party in relation to the election, substantially in a form prescribed by the Chief Electoral Officer, and the auditor’s report made to the chief agent under subsection 43(1) in respect thereof.
Contents of return and when to be transmitted
(2) A return referred to in subsection (1) shall set out the amount of money expended by or on behalf of the party on election expenses and the commercial value of goods and services used for election purposes and shall be transmitted to the Chief Electoral Officer, together with the auditor’s report referred to in subsection (1), within six months after polling day at the election to which it relates.
1973-74, c. 51, s. 4; 1977-78, c. 3, s. 13.
Offence
47. (1) A chief agent who
(a) fails to transmit to the Chief Electoral Officer an auditor’s report and return within the time limited by section 44 or 46,
(b) transmits to the Chief Electoral Officer a return referred to in paragraph (a) that he knows or ought reasonably to know contains any false or deceptive statement, or
(c) transmits to the Chief Electoral Officer a return referred to in paragraph (a) that does not contain substantially the information required by subsection 44(2) or 46(2) to be set out therein,
is guilty of an offence.
Offence by registered party
(2) Where an offence is committed under subsection (1) by the chief agent of a registered party, the registered party is guilty of an offence and liable on summary conviction to a fine not exceeding twenty-five thousand dollars.
1973-74, c. 51, s. 4.
Offence
48. (1) Every registered party or every party whose application for registration has been accepted by the Chief Electoral Officer but has yet to have effect, that, through any person acting on its behalf,
(a) between the date of the issue of the writ for an election and Sunday, the twenty-ninth day before polling day, or on polling day or the one day immediately preceding polling day, advertises on the facilities of any broadcasting undertaking,
(b) procures for publication or acquiesces in the publication, during the period described in paragraph (a) or on polling day or the one day preceding polling day, of an advertisement in a periodical publication, or
(c) between the date of the issue of the writ for an election and polling day, or on polling day, procures for publication or acquiesces in the publication in a government publication of material that promotes or opposes a particular registered party or a particular candidate
for the purpose of promoting or opposing a particular registered party or the election of a particular candidate is guilty of an offence and liable on summary conviction to a fine not exceeding twenty-five thousand dollars.
Interpretation
(2) For the purposes of subsection (1), a notice of a meeting to be held for the principal purpose of nominating a candidate at an election shall be deemed not to be an advertisement for the purpose of promoting or opposing a particular registered party or the election of a particular candidate.
Idem
(3) For the purpose of subsection (1), a notice of a function, meeting or other event that the leader of a registered party intends to attend or a notice of invitation to meet or hear the leader of a registered party at a specific place shall be deemed not to be an advertisement for the purpose of promoting or opposing a particular registered party or the election of a particular candidate.
1973-74, c. 51, s. 4; 1993, c. 19, s. 21.
Prosecution
49. For the purposes of any prosecution brought against a registered party or a party in the process of applying for registration under this Act, the party is deemed to be a person and any act or thing done or omitted by an officer, chief agent or other registered agent of a party within the scope of that person’s authority to act is deemed to be an act or thing done or omitted by that party.
1973-74, c. 51, s. 4; 1993, c. 19, s. 22.
AGENTS, AUDITORS AND INCOME AND EXPENDITURES OF REGISTERED PARTIES
Registry of agents
33. (1) The Chief Electoral Officer shall maintain a registry of agents of registered parties in which shall be recorded the name and address of the chief agent of each registered party and the name and address of each other agent of each registered party.
Application for registration
(2) Every political party that makes application for registration pursuant to subsection 24(1) and whose leader is informed by the Chief Electoral Officer pursuant to paragraph 24(2)(a) that, on the nomination of fifty candidates in accordance with paragraph 24(3)(a) or (b), whichever is applicable, the party could be registered shall, within thirty days after being so informed, file with the Chief Electoral Officer a notification signed by the leader of the party or the chief agent of the party, setting out the names and addresses of all agents of the party other than the chief agent and, on registration of the political party, the information shall be recorded by the Chief Electoral Officer in the registry referred to in subsection (1).
Electoral district agents
(3) An association or organization of the members of a registered party within an electoral district may choose a person or persons to be electoral district agents for the purposes of that registered party in that electoral district and may so notify the registered party who may forthwith notify the Chief Electoral Officer setting out the name and address of those persons and the information shall be recorded by the Chief Electoral Officer in the registry referred to in subsection (1).
1973-74, c. 51, s. 4; 1977-78, c. 3, s. 10.
Variation of registry
34. (1) Where
(a) any person whose name is recorded in the registry referred to in subsection 33(1) ceases to be an agent of the registered party in relation to which his name is recorded,
(b) a new chief agent of a registered party is appointed, or
(c) any additional agent of a registered party is appointed,
the chief agent of the party or, in a case where the chief agent of the party has ceased to hold that position or a new chief agent has been appointed, the leader of the party shall, within thirty days, notify the Chief Electoral Officer in writing and, on receipt of that notice, the Chief Electoral Officer shall vary the registry accordingly.
Appointment of new chief agent
(2) Where the position of chief agent of a registered party becomes vacant or the chief agent is unable ordinarily to perform the duties of chief agent, a new chief agent shall forthwith be appointed and the leader of the party shall, within thirty days after such appointment, file with the Chief Electoral Officer a notification of change of chief agent, signed by the leader of the party, setting out the name and address of the party’s new chief agent and that information shall be recorded by the Chief Electoral Officer in the registry referred to in subsection 33(1).
1973-74, c. 51, s. 4; 1977-78, c. 3, s. 10.
Registration of electoral district agents
35. (1) Forthwith after his appointment, the chief agent of each registered party shall notify the Chief Electoral Officer of the name and address of any electoral district agents of the party and that information shall be recorded by the Chief Electoral Officer in the registry referred to in subsection 33(1).
Variation of registry
(2) Where
(a) any person whose name is recorded in the registry referred to in subsection 33(1) ceases to be an electoral district agent of the registered party in relation to which his name is recorded, or
(b) any additional electoral district agent or agents of the registered party are appointed,
the chief agent of the registered party shall notify the Chief Electoral Officer by notice in writing and, on receipt of that notice, the Chief Electoral Officer shall vary the register accordingly.
Election officers ineligible as agents of registered party
(3) No returning officer, deputy returning officer or assistant returning officer, or the partner or clerk of any of them, and no person other than an elector is eligible to act as an agent for any registered party and, if any of those persons so acts, he is guilty of an illegal practice and of an offence.
Agent may be a corporation
(4) Notwithstanding subsection (3), a corporation incorporated under the laws of Canada or a province may act as an agent of a registered party.
1973-74, c. 51, s. 4; 1977-78, c. 3, s. 10.
Contributions and payments to be made through agent only
36. (1) Subject to section 38,
(a) all money provided by an individual other than the candidate or by a corporation, trade union, unincorporated organization or association, whether as a loan, advance, deposit, contribution, gift or otherwise, shall be paid on his or its own behalf out of moneys to which he or it is beneficially entitled to a registered agent of the party, and where the registered agent of a party cannot determine the class of the donor as described in paragraph 44(2)(a) and the name of the donor as referred to in paragraph 44(2)(b), he shall forthwith pay to the Receiver General, by a cheque, money order or the like made payable to the Receiver General and forwarded to the Chief Electoral Officer, an amount of money equal to the amount so received; and
(b) no payment shall be made by or on behalf of a registered party otherwise than by or through a registered agent of the party.
Offence
(2) Every person who provides any money in contravention of paragraph (1)(a) or makes any payment in contravention of paragraph (1)(b) is guilty of an offence.
Bill of particulars
(3) Every payment made by or through a registered agent in respect of any expenses of a registered party shall, except where the payment is less than twenty-five dollars, be vouched for by a bill stating the particulars and by proof of payment.
Claims to be sent within three months or rights barred
(4) Every person who issues a bill to or makes any charge or claim on a registered party shall send the bill, charge or claim to the party or to a registered agent thereof within three months after the day on which the bill, charge or claim was issued or made and, if he does not do so, the right of that person to recover the amount of the bill, charge or claim or any part thereof shall be barred.
Death of claimant
(5) In the event of the death, within the three months referred to in subsection (4), of any person claiming the amount of any bill, charge or claim referred to in that subsection, the legal representative of the person shall send the bill, charge or claim to the registered party or to a registered agent thereof within three months after the representative obtains probate or letters of administration or otherwise becomes entitled to act as legal representative and, if the representative does not do so, the right to recover the amount of the bill, charge or claim or any part thereof shall be barred.
1973-74, c. 51, s. 4; 1977-78, c. 3, s. 10.
Payment within six months
37. (1) All bills, charges or claims incurred by or on behalf of a registered party shall be paid within six months after the day on which the amount of the bill, charge or claim became payable.
Action for recovery in claims deemed disputed
(2) Where a registered agent, in the case of any claim sent in to him or to the registered party within the time limited by this Act, disputes it or refuses or fails to pay within the six months referred to in subsection (1), the claim shall be deemed to be a disputed claim and the claimant may, if he thinks fit, bring an action to recover the claim in any competent court.
Payment in pursuance of judgment deemed exception
(3) Any sum paid by a registered agent pursuant to a judgment or order of a court made in respect of an action brought pursuant to subsection (2) shall be deemed to be paid within the time limited by this Act.
1973-74, c. 51, s. 4.
Petty expenses
38. (1) Any person may, if so authorized in writing by a registered agent, pay any necessary expenses for stationery, postage, telegrams and other petty expenses to a total amount not exceeding that named in the authority, but any excess above the total amount so named shall be paid by a registered agent.
Statement of particulars and proof of payment
(2) A statement of the particulars of payments made by any person authorized to make payments pursuant to subsection (1) shall be sent to a registered agent within the time limited by this Act for the sending in of claims and shall be vouched for by a bill containing the proof of payment by that person.
1973-74, c. 51, s. 4; 1977-78, c. 3, s. 10.
Limitation of expenses of registered parties
39. (1) The chief agent of any registered party that, through registered agents acting within the scope of their authority or other persons acting on behalf of the registered party with the actual knowledge and consent of an officer thereof, incurs election expenses on account of or in respect of the conduct or management of an election that exceed in the aggregate the product obtained by multiplying
(a) the product obtained by multiplying thirty cents by the number of names appearing on all preliminary lists of electors at the election for the electoral districts in which there is an official candidate who has the endorsement of the party,
by
(b) the fraction published by the Chief Electoral Officer pursuant to subsection (2) that is in effect on the date of the issue of the writ for the election
is guilty of an offence.
Chief Electoral Officer to publish fraction
(2) Before April 1 of each calendar year, the Chief Electoral Officer shall publish in the Canada Gazette a fraction as determined under subsection (3), which fraction shall be in effect for the period beginning April 1 of the calendar year in which the fraction is published and ending March 31 of the calendar year next following.
Fraction
(3) The fraction determined under this subsection is the fraction of which
(a) the numerator is the average of the Consumer Price Index, as published by Statistics Canada under the authority of the Statistics Act, for the twelve month period ending December 31 of the year immediately preceding the calendar year during which the fraction is to commence to be in effect, calculated on the basis of 1981 being equal to 100; and
(b) the denominator is 88.9, being the Consumer Price Index, as published by Statistics Canada under the authority of the Statistics Act, for 1980 calculated on the basis of 1981 being equal to 100.
1973-74, c. 51, s. 4; 1980-81-82-83, c. 164, s. 2.
Amounts not included in election expenses
40. (1) In determining, for the purposes of section 39, the amount of election expenses incurred by a registered party on account of or in respect of the conduct or management of an election, there shall not be included any amount in respect of contributions or gifts made by or on behalf of the registered party for the use of candidates at the election.
Offence by registered party
(2) Where an offence is committed under subsection 39(1) by the chief agent of a registered party, the registered party is guilty of an offence and liable on summary conviction to a fine not exceeding twenty-five thousand dollars.
1973-74, c. 51, s. 4.
Publication of preliminary lists
41. The Chief Electoral Officer shall, not later than the thirty-first day before polling day, determine the number of names appearing on all preliminary lists of electors for each electoral district and cause the information so determined to be published in the Canada Gazette.
1973-74, c. 51, s. 4; 1980-81-82-83, c. 96, s. 4; 1996, c. 35, s. 5.
Auditor
42. (1) Where an auditor of a registered party ceases for any reason to hold that office, ceases to be qualified as an auditor or becomes ineligible as provided in subsection (2), the party shall, within thirty days, appoint another auditor.
Persons not eligible
(2) No returning officer, deputy returning officer or assistant returning officer and no candidate, official agent of a candidate or registered agent of a registered party is eligible to act as the auditor for a registered party and, if any of those persons so acts, he is guilty of an offence.
1973-74, c. 51, s. 4; 1977-78, c. 3, s. 11; 1980-81-82-83, c. 164, s. 3.
Auditor’s report
43. (1) The auditor appointed by a registered party shall make a report to the chief agent of the party on each return of receipts and expenses of the party for a fiscal period and on each return in respect of election expenses of the party prepared during his term of office and shall make such examinations as will enable him to state in his report whether in his opinion the return presents fairly the information contained in the accounting records on which the return is based.
Where statement required
(2) An auditor, in his report pursuant to subsection (1), shall make such statements as he considers necessary in any case where
(a) the return to which the report relates does not present fairly the information contained in the accounting records on which it is based;
(b) he has not received from registered agents and officers of the party all the information and explanation that he has required; or
(c) proper accounting records have not been kept by the registered party, in so far as appears from his examination.
Right of access
(3) An auditor of a registered party shall have access at all reasonable times to all records, documents, books, accounts and vouchers of the party, and is entitled to require from the registered agents and officers of the party such information and explanation as in his opinion may be necessary to enable him to report as required by subsection (1).
1973-74, c. 51, s. 4.
Return of receipts and expenses for fiscal period
44. (1) The chief agent of a registered party shall transmit to the Chief Electoral Officer, in respect of each fiscal period of the party, a return of the party’s receipts and expenses, other than election expenses in relation to a general election, for the fiscal period, substantially in a form prescribed by the Chief Electoral Officer, and the auditor’s report made to the chief agent under subsection 43(1) in respect thereof.
Contents of return
(2) A return referred to in subsection (1) shall set out
(a) the amount of money and the commercial value of goods and services provided for the use of the party by way of loan, advance, deposit, contribution or gift in the fiscal period by each of the following classes of donors, namely, individuals, businesses, commercial organizations, governments, trade unions, corporations without share capital other than trade unions, and unincorporated organizations or associations other than trade unions, and the number of donors in each class;
(b) the name of each individual, business, commercial organization, trade union, corporation without share capital other than a trade union, unincorporated organization and association, listed according to the classes of donors referred to in paragraph (a), that made a loan, advance, deposit, contribution or gift in the fiscal period for the use of the party the amount of which exceeded one hundred dollars or that made loans, advances, deposits, contributions or gifts in the fiscal period for the use of the party the aggregate of which exceeded one hundred dollars, and in each case the amount of the loan, advance, deposit, contribution or gift or of the aggregate of the loans, advances, deposits, contributions or gifts made by him or it in the fiscal period;
(c) the amounts of money expended on operating expenses of the party, including travel costs of the leader of the party and other party officials; and
(d) the total of all other expenditures, other than election expenses in relation to a general election, made by or on behalf of the party.
Return to be transmitted to Chief Electoral Officer
(3) A return referred to in subsection (1) shall be transmitted to the Chief Electoral Officer, together with the auditor’s report referred to in subsection (1), within six months after the end of the fiscal period to which the return relates.
1973-74, c. 51, s. 4; 1980-81-82-83, c. 164, s. 4.
Gifts or contributions through local associations
45. (1) Where a loan, advance, deposit, contribution or gift for the use of a registered party is made by any local association of a political party, the return referred to in subsection 44(1) in respect of the registered party shall, if the amount or value of the loan, advance, deposit, contribution or gift exceeds one hundred dollars, include
(a) the name of each individual, business, commercial organization, government, trade union, corporation without share capital other than a trade union, unincorporated organization or association whose loan, advance, deposit, contribution or gift to any local association exceeded one hundred dollars and was comprised in the loan, advance, deposit, contribution or gift by any local association for the use of the registered party; and
(b) the amount or value of the loan, advance, deposit, contribution or gift by each individual, business, commercial organization, government, trade union, corporation without share capital other than a trade union, unincorporated organization or association referred to in paragraph (a).
Idem
(2) Where, in circumstances in which subsection (1) applies, any of the donors whose loans, advances, deposits, contributions or gifts to the local association exceeded one hundred dollars and were comprised in the loan, advance, deposit, contribution or gift by the local association for the use of the registered party cannot be identified, the return referred to in subsection 44(1) in respect of the registered party shall include information with respect to each individual, business, commercial organization, government, corporation without share capital other than a trade union, unincorporated organization or association that made a loan, advance, deposit, contribution or gift to the local association that exceeded one hundred dollars in the fiscal period of the registered party to which the return relates as if those loans, advances, deposits, contributions or gifts had been contributions or gifts for the use of the registered party.
1973-74, c. 51, s. 4; 1977-78, c. 3, s. 12; 1980-81-82-83, c. 164, s. 4.
Return in respect of election expenses
46. (1) The chief agent of a registered party shall transmit to the Chief Electoral Officer, in respect of each general election, a return in respect of election expenses incurred by or on behalf of the party in relation to the election, substantially in a form prescribed by the Chief Electoral Officer, and the auditor’s report made to the chief agent under subsection 43(1) in respect thereof.
Contents of return and when to be transmitted
(2) A return referred to in subsection (1) shall set out the amount of money expended by or on behalf of the party on election expenses and the commercial value of goods and services used for election purposes and shall be transmitted to the Chief Electoral Officer, together with the auditor’s report referred to in subsection (1), within six months after polling day at the election to which it relates.
1973-74, c. 51, s. 4; 1977-78, c. 3, s. 13.
Offence
47. (1) A chief agent who
(a) fails to transmit to the Chief Electoral Officer an auditor’s report and return within the time limited by section 44 or 46,
(b) transmits to the Chief Electoral Officer a return referred to in paragraph (a) that he knows or ought reasonably to know contains any false or deceptive statement, or
(c) transmits to the Chief Electoral Officer a return referred to in paragraph (a) that does not contain substantially the information required by subsection 44(2) or 46(2) to be set out therein,
is guilty of an offence.
Offence by registered party
(2) Where an offence is committed under subsection (1) by the chief agent of a registered party, the registered party is guilty of an offence and liable on summary conviction to a fine not exceeding twenty-five thousand dollars.
1973-74, c. 51, s. 4.
Offence
48. (1) Every registered party or every party whose application for registration has been accepted by the Chief Electoral Officer but has yet to have effect, that, through any person acting on its behalf,
(a) between the date of the issue of the writ for an election and Sunday, the twenty-ninth day before polling day, or on polling day or the one day immediately preceding polling day, advertises on the facilities of any broadcasting undertaking,
(b) procures for publication or acquiesces in the publication, during the period described in paragraph (a) or on polling day or the one day preceding polling day, of an advertisement in a periodical publication, or
(c) between the date of the issue of the writ for an election and polling day, or on polling day, procures for publication or acquiesces in the publication in a government publication of material that promotes or opposes a particular registered party or a particular candidate
for the purpose of promoting or opposing a particular registered party or the election of a particular candidate is guilty of an offence and liable on summary conviction to a fine not exceeding twenty-five thousand dollars.
Interpretation
(2) For the purposes of subsection (1), a notice of a meeting to be held for the principal purpose of nominating a candidate at an election shall be deemed not to be an advertisement for the purpose of promoting or opposing a particular registered party or the election of a particular candidate.
Idem
(3) For the purpose of subsection (1), a notice of a function, meeting or other event that the leader of a registered party intends to attend or a notice of invitation to meet or hear the leader of a registered party at a specific place shall be deemed not to be an advertisement for the purpose of promoting or opposing a particular registered party or the election of a particular candidate.
1973-74, c. 51, s. 4; 1993, c. 19, s. 21.
Prosecution
49. For the purposes of any prosecution brought against a registered party or a party in the process of applying for registration under this Act, the party is deemed to be a person and any act or thing done or omitted by an officer, chief agent or other registered agent of a party within the scope of that person’s authority to act is deemed to be an act or thing done or omitted by that party.
1973-74, c. 51, s. 4; 1993, c. 19, s. 22.
QUALIFICATIONS AND DISQUALIFICATIONS OF ELECTORS
Persons qualified as electors
50. (1) Every person who
(a) has attained the age of eighteen years, and
(b) is a Canadian citizen,
is qualified as an elector.
Persons attaining voting age during election
(2) Every person who, on the date of the issue of a writ ordering an election, has not attained the age of eighteen years but who will attain that age on or before polling day at the election is, for the purposes of this Act, deemed to have attained that age on the date of the issue of the writ.
R.S. 1970, c. 14 (1st Supp.), s. 14.
Disqualifications
51. The following persons are not qualified to vote at an election and shall not vote at an election:
(a) the Chief Electoral Officer;
(b) the Assistant Chief Electoral Officer;
(c) the returning officer for each electoral district during his term of office, except when there is an equality of votes on a recount, as provided in this Act;
(d) [repealed]
(e) every person who is imprisoned in a correctional institution serving a sentence of two years or more;
(f) [repealed] and
(g) every person who is disqualified from voting under any law relating to the disqualification of electors for corrupt or illegal practices.
R.S. 1970, c. 14 (1st Supp.), s. 14; 1974-75-76, c. 108, s. 42; 1993, c. 19, s. 23.
Schedule II
51.1 Any of the following persons may vote in accordance with Schedule II, namely,
(a) a Canadian Forces elector;
(b) a Public Service elector of Canada or of a province 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 elector who is incarcerated and who is qualified to vote; or
(f) any other elector in Canada who wishes to vote in accordance with that schedule.
1993, c. 19, s. 24.
52. [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 14; 1993, c. 19, s. 25.
ENTITLEMENT TO VOTE
Persons entitled to vote
53. (1) Subject to this Act, every person who is qualified as an elector is entitled to have his or her name included in the Register of Electors for the polling division in which he or she is ordinarily resident and to vote at the polling station established therein.
Inclusion optional
(2) Inclusion in the Register of Electors is at the option of the elector.
R.S. 1970, c. 14 (1st Supp.), s. 16; 1977-78, c. 3, s. 14 and 88; 1993, c. 19, s. 26; 1996, c. 35, s. 6.
Elector to vote once
54. No elector who has voted once at an election is entitled to vote again at that election.
1977-78, c. 3, s. 15.
RULES RESPECTING THE RESIDENCE OF ELECTORS
Interpretation of "ordinarily resident" and "ordinarily resided"
55. (1) The rules in this section and sections 57 to 61 apply to the interpretation of the expressions "ordinarily resident" and "ordinarily resided" in any section of this Act in which those expressions are used with respect to the right of a voter to vote.
Facts of case
(2) Subject to this section and sections 57 to 61, the question as to where a person is or was ordinarily resident at any material time or during any material period shall be determined by reference to all the facts of the case.
Place of ordinary residence
(3) The place of ordinary residence of a person is, generally, the place that has always been, or that the person has adopted as, the place of his habitation or home, and to which he intends to return when he is away from it.
Idem
(4) Where a person usually sleeps in one place and has his meals or is employed in another place, the place of his ordinary residence is where the person sleeps.
One place of residence only
(5) A person can have only one place of ordinary residence and it cannot be lost until another is gained.
Place where family is
(6) Although, generally, a person’s place of ordinary residence is where his family is, if he is living apart from his family, with the intent to remain so apart from it in another place, the place of ordinary residence of that person is that other place.
Temporary absence
(7) Temporary absence from a place of ordinary residence does not cause a loss or change of place of ordinary residence.
(8) [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 17; 1993, c. 19, s. 27; 1996, c. 35, s. 7.
56. [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 17; 1977-78, c. 3, s. 16 and s. 88; 1993, c. 19, s. 28; 1996, c. 35, s. 8.
Temporary resident
57. (1) No person is deemed to ordinarily reside in residential quarters that are generally occupied by the person on a temporary basis unless that person has no other residential quarters that the person considers to be his or her residence.
Temporary residential quarters
(2) Residential quarters that are occupied by persons on a temporary basis include shelters, hostels or similar institutions that provide food, lodging or other social services to persons who have no residence or dwelling.
"Ordinarily resides"
(3) "Ordinarily resides" includes being provided with food or lodging in a place referred to in subsection (2).
R.S. 1970, c. 14 (1st Supp.), s. 17; 1977-78, c. 3, s. 88; 1993, c. 19, s. 29; 1996, c. 35, s. 9.
58. [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 17; 1974-75-76, c. 66, s. 2; 1977-78, c. 3, s. 16 and 88; 1993, c. 19, s. 29.
59. [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 17; 1977-78, c. 3, s. 88; 1996, c. 35, s. 10.
Members, their spouses and dependants
60. Each candidate at a general election who, on the day before the dissolution of Parliament immediately preceding the election, was a member, and any spouse or dependant of that candidate who lives with him and is qualified as an elector is, respectively, entitled
(a) to have his name entered on the list of electors for any of the following places:
(i) the actual place of ordinary residence of the former member,
(ii) the place, if any, in the electoral district in which the former member is a candidate where he has at the election an ordinary or temporary place of residence,
(iii) the place in the electoral district in which the former member is a candidate where the office of the returning officer for the electoral district is located, or
(iv) the place, if any, in Ottawa or the area surrounding Ottawa where the former member has his place of residence for the purpose of carrying out his parliamentary duties; and
(b) to vote in such one of those places as he may elect.
R.S. 1970, c. 14 (1st Supp.), s. 17.
Residence at by-election
61. (1) No person is qualified or entitled to vote at a by-election unless the person continues to be ordinarily resident until polling day at the by-election in the electoral district in which is situated the polling division in which the person was ordinarily resident at the beginning of the revision period.
Address change within electoral district
(2) For the purpose of a by-election only and notwithstanding anything in this Act, a person who, during the period between the beginning of the revision period and polling day, has changed the place of his or her ordinary residence from one polling division to another polling division in the same electoral district may, if otherwise qualified as an elector, register his or her name on the list of electors in the new polling division.
R.S. 1970, c. 14 (1st Supp.), s. 17; 1977-78, c. 3, s. 88; 1993, c. 19, s. 30; 1996, c. 35, s. 11.
62. [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 17; 1993, c. 19, s. 31.
63. [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 18; 1980-81-82-83, c. 96, s. 5; 1993, c. 19, s. 31; 1996, c. 35, s. 12 and 20.
63.1 [Repealed]
1996, c. 35, s. 13 and 20.
64. [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 18; 1977-78, c. 3, s. 88; 1993, c. 19, s. 31; 1996, c. 35, s. 14 and 20.
65. [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 18; 1977-78, c. 3, s. 17, 64 and 88; 1980-81-82-83, c. 96, s. 5; 1993, c. 19, s. 31; 1996, c. 35, s. 15 and 20.
66. [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 18; 1977-78, c. 3, s. 88; 1980-81-82-83, c. 54, s. 56, c. 96, s. 5; 1993, c. 19, s. 31; 1996, c. 35, s. 20.
67. [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 18; 1977-78, c. 3, s. 17 and 88; 1993, c. 19, s. 31; 1996, c. 35, s. 16 and 20.
68. [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 18; 1977-78, c. 3, s. 64 and 88; 1980-81-82-83, c. 96, s. 5; 1993, c. 19, s. 31; 1996, c. 35, s. 17 and 20.
68.1 [Repealed]
1996, c. 35, s. 18 and 20.
68.2 [Repealed]
1996, c. 35, s. 18 and 20.
68.3 [Repealed]
1996, c. 35, s. 18 and 20.
69. [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 18; 1980-81-82-83, c. 96, s. 5; 1993, c. 19, s. 31; 1996, c. 35, s. 20.
70. [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 18; 1977-78, c. 3, s. 64; 1980-81-82-83, c. 96, s. 5; 1993, c. 19, s. 31; 1996, c. 35, s. 20.
71. [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 18; 1977-78, c. 3, s. 17, 64 and 88; 1993, c. 19, s. 31; 1996, c. 35, s. 19 and 20.
71.001 [Repealed]
1996, c. 35, sub. 21(1) and (2).
71.002 [Repealed]
1996, c. 35, sub. 21(1) and (2).
71.003 [Repealed]
1996, c. 35, sub. 21(1) and (2).
REGISTER OF ELECTORS
Establishment and Maintenance
Establishment and maintenance
71.01 The Chief Electoral Officer shall establish and maintain an automated register of Canadians who are qualified as electors, to be known as the Register of Electors.
1996, c. 35, s. 22.
Establishment of Register
Sources
71.011 The Register of Electors shall be established from
(a) information that is
(i) collected by means of an enumeration, or
(ii) contained in a list of electors to which the Chief Electoral Officer has access and that is collected by means of a door-to-door enumeration conducted for an election or referendum held pursuant to provincial law in the year preceding the beginning of the enumeration period referred to in subsection 63(1), if the Chief Electoral Officer considers the information adequate for the establishment of the Register of Electors;
(b) information contained in registration forms returned to the Chief Electoral Officer pursuant to subsection 68.3(3);
(c) information contained in the registry of electors maintained by the Chief Electoral Officer under section 21 of Schedule II; and
(d) information contained in the list referred to in section 57 of Schedule II.
1996, c. 35, s. 22.
Notice
Notice in Canada Gazette
71.012 As soon as the establishment of the Register of Electors has been completed, the Chief Electoral Officer shall give notice of that fact in the Canada Gazette.
1996, c. 35, s. 22.
Members and registered parties
71.013 (1) On October 15 in each year, the Chief Electoral Officer shall, in respect of each electoral district, send an electronic copy of the list of electors, taken from the Register of Electors, to the elected member and, on request, to each registered party that presented a candidate in that electoral district in the last election.
Contents of list of electors
(2) The list of electors mentioned in subsection (1)
(a) shall set out, for each elector, the surname, given names, civic address and mailing address; and
(b) shall be arranged, in the form specified by the Chief Electoral Officer, according to streets and civic addresses. If that is not suitable, the list shall be arranged according to the alphabetical order of surnames.
Exception
(3) This section does not apply if the date mentioned in subsection (1) falls during an electoral period, or if the poll at a general election was held during the three months preceding that date.
1996, c. 35, s. 22.
Updating the Register
Sources of information
71.014 (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, and that
(i) is held under a provincial Act mentioned in Schedule IV, or
(ii) comes from any other source mentioned in Schedule IV.
Amendments to Schedule IV
(2) The Chief Electoral Officer may at any time amend Schedule IV by adding, changing or deleting the name of a provincial Act or of any other source of information, but no such amendment comes into force until notice thereof is published in the Canada Gazette.
1996, c. 35, s. 22.
Duty of returning officer
71.015 Between the date of issue of the writ and polling day, each returning officer shall update the Register of Electors from the information that he or she obtains pursuant to this Act.
1996, c. 35, s. 22.
New electors
71.016 (1) The Chief Electoral Officer shall, before listing a new elector in the Register of Electors, send the elector the Chief Electoral Officer’s information relating to that elector and ask the elector if he or she wishes to be listed in the Register of Electors.
Obligation of elector
(2) An elector referred to in subsection (1) who wishes to be listed in the Register of Electors must confirm, correct or complete the information, in writing, and give it to the Chief Electoral Officer along with a signed certification that the elector has Canadian citizenship.
Exceptions
(3) This section does not apply in respect of the listing of a new elector that is
(a) done pursuant to the elector’s own request;
(b) done at the time the Register of Electors is established under section 71.011; or
(c) based on a list of electors established under provincial law, to the extent that that list contains the surname, given names, sex, date of birth, civic address and mailing address of each elector.
1996, c. 35, s. 22.
Listing requests
71.017 (1) Any person may at any time request the Chief Electoral Officer to list that person 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
(c) satisfactory proof of identity.
Optional information
(2) In addition to the information referred to in subsection (1), the Chief Electoral Officer may invite the person to give any other information that the Chief Electoral Officer considers necessary to implement any agreements entered into under section 71.024, but the person is not required to do so.
1996, c. 35, s. 22.
Corrections
71.018 An elector may give the Chief Electoral Officer any changes to the information in the Register of Electors relating to that elector, and the Chief Electoral Officer shall make the necessary corrections to the Register of Electors.
1996, c. 35, s. 22.
Verification
71.019 The Chief Electoral Officer may at any time
(a) contact an elector to verify the Chief Electoral Officer’s information relating to that elector; and
(b) request the elector to confirm, correct or complete the information within sixty days after receiving the request.
1996, c. 35, s. 22.
Deletion of names
71.02 The Chief Electoral Officer may delete from the Register of Electors the name of any person who
(a) is not an elector;
(b) requests in writing to have his or her name deleted; or
(c) fails to reply to a request referred to in paragraph 71.019(b) within the sixty days.
1996, c. 35, s. 22.
Restrictions
71.021 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.
1996, c. 35, s. 22.
Access to personal information
71.022 If an elector so requests the Chief Electoral Officer in writing, the Chief Electoral Officer shall send the elector all the information in the Chief Electoral Officer’s possession relating to that elector.
1996, c. 35, s. 22.
Payments out of C.R.F.
Acquisition of information
71.023 Any expenses incurred by the Chief Electoral Officer to acquire information under subparagraph 71.011(a)(ii) or paragraph 71.014(1)(b) shall be paid out of any unappropriated moneys forming part of the Consolidated Revenue Fund.
1996, c. 35, s. 22.
Agreements on Giving Information
Provincial bodies
71.024 (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 where 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 pursuant to 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 pursuant to an agreement mentioned in subsection (1) may use the information only for the purpose of establishing a list 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.
1996, c. 35, s. 22.
PRELIMINARY LIST OF ELECTORS
Sending of information
71.1 Forthwith after the issue of the writ, the Chief Electoral Officer shall prepare the preliminary list of electors for each electoral district, and shall send it to each returning officer along with all the other information in the Register of Electors relating to the electors of that electoral district.
1993, c. 19, s. 31; 1996, c. 35, s. 23.
Form of preliminary list of electors
71.11 The preliminary list of electors for each polling division shall be in the form established by the Chief Electoral Officer and shall be arranged by address of the elector or, when this is not appropriate, shall be arranged alphabetically by the names of the electors.
1993, c. 19, s. 31.
Distribution of lists
71.12 (1) Each returning officer shall, on receipt of the preliminary list of electors, distribute one printed copy and one electronic copy of it to each candidate in the electoral district who requests them.
Additional copies of preliminary list
(2) Each returning officer shall make the additional copies of the preliminary list that are necessary to revise the list of electors.
1993, c. 19, s. 31; 1996, c. 35, s. 24.
CONFIRMATION OF REGISTRATION
1996, c. 35, s. 25.
71.13 (1) [Repealed]
Notice of confirmation of registration – general
(2) Each returning officer shall, as soon as possible after the date of issue of the writ but not later than the twenty-fourth 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
(a) who are referred to in paragraph 51.1(e);
(b) who have completed a statement of ordinary residence under section 19 of Schedule II; or
(c) who are referred to in section 21 of Schedule II.
Notice of confirmation of registration – after revision
(2.1) Each returning officer shall, as early as possible during the revision period but not later than the fifth day before polling day, send a notice of confirmation of registration to every elector whose name has been put on a list of electors during the revision period, except electors referred to in paragraphs (2)(a) to (c).
Form of notice
(3) The notice of confirmation of registration shall be in the form established by the Chief Electoral Officer and shall indicate
(a) the elector’s polling station, stating whether or not it provides access in accordance with subsection 105(1);
(b) the times for voting;
(c) a telephone number to call for more information; and
(d) the dates, locations and times for voting at advance polls.
Particular needs
(4) The notice of confirmation of registration shall invite electors to contact the returning officer if
(a) they require an interpreter;
(b) they require level access and their polling station does not have level access; or
(c) they are physically unable to attend at a polling station.
1993, c. 19, s. 31; 1996, c. 35, s. 26.
REVISION OF PRELIMINARY LISTS OF ELECTORS
Revision of preliminary list of electors
71.14 The Chief Electoral Officer shall, as soon as possible following the issue of a writ, fix the commencement date for the revision of the preliminary list of electors. That revision terminates at 6 p.m. on the sixth day before polling day.
1993, c. 19, s. 31; 1996, c. 35, s. 27.
71.15 [Repealed]
1993, c. 19, s. 31; 1996, c. 35, s. 27.
71.16 (1) [Repealed]
(2) [Repealed]
(3) [Repealed]
Powers of returning officer
(4) The returning officer and assistant returning officer of each electoral district are responsible for revising the preliminary list of electors in that electoral district.
Appointment of revising agents
(5) The returning officer for each electoral district shall, with the approval of the Chief Electoral Officer, appoint the number of revising agents that the returning officer considers necessary for the revision of the preliminary list of electors.
Solicitation of names
(6) Before appointing revising agents, the returning officer shall solicit the 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.
Referral to the leader of the party
(7) If the returning officer has doubts whether the person providing names is authorized by the party, the returning officer shall consult with the leader of the party.
Equal distribution
(8) A returning officer shall appoint one half of the revising agents from among the persons nominated by the registered party whose candidate finished first in the last election in the electoral district, and one half from among the persons nominated by the registered party whose candidate finished second in that election.
Oath
(9) Each revising agent shall take an oath in the prescribed form before commencing his or her duties.
Revising agents to work in pairs
(10) A returning officer shall appoint revising agents to work in pairs and each pair shall consist, as far as possible, of persons nominated by different registered parties.
Replacement
(11) A returning officer may replace a revising agent at any time by appointing another person, and the person who is replaced shall return all election materials in his or her possession to the returning officer.
Identification
(12) 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.
(13) [Repealed]
1993, c. 19, s. 31; 1996, c. 35, s. 28.
Election officers who are designated to receive applications
71.17 (1) The election officers who are designated to receive applications for additions or corrections to, or deletions from, the list of electors or the Register of Electors for their electoral district are the returning officer, assistant returning officer and revising agents.
Rental of offices
(2) The returning officer may, with the approval of the Chief Electoral Officer, rent one or more offices to be used for the revision of the list of electors.
Applications for registration, correction or deletion
(3) All applications for registration, correction or deletion received by revising agents shall, on completion, be presented to the returning officer or assistant returning officer for his or her approval.
1993, c. 19, s. 31; 1996, c. 35, s. 29.
71.18 [Repealed]
1993, c. 19, s. 31; 1996, c. 35, s. 29.
71.19 [Repealed]
1993, c. 19, s. 31; 1996, c. 35, s. 29.
Lists of revising agents
71.2 Each returning officer shall make available to each candidate, on completion, the list of the names of the revising agents for the electoral district.
1993, c. 19, s. 31; 1996, c. 35, s. 29.
Revision of preliminary lists of electors
71.21 Each returning officer shall, without delay, revise the preliminary list of electors for the electoral district in order to
(a) add the names of electors who were omitted from the lists;
(b) correct elector information on the lists; and
(c) delete the names of persons whose names were incorrectly inserted on the lists.
1993, c. 19, s. 31; 1996, c. 35, s. 30.
Revising agents to act jointly
71.22 (1) Each pair of revising agents shall act jointly to assist the returning officer in revising the preliminary list of electors.
Disagreement between revising agents
(2) Where a pair of revising agents cannot make a decision because of a disagreement, they shall refer the matter to the returning officer or assistant returning officer for a decision.
Decision binding
(3) The decision of a returning officer or assistant returning officer on a matter of disagreement is binding on the revising agents.
1993, c. 19, s. 31; 1996, c. 35, s. 31.
71.23 [Repealed]
1993, c. 19, s. 31; 1996, c. 35, s. 31.
71.24 [Repealed]
1993, c. 19, s. 31; 1996, c. 35, s. 31.
71.25 [Repealed]
1993, c. 19, s. 31; 1996, c. 35, s. 31.
Relevant elector information
71.26 (1) The returning officer or assistant returning officer may add the name of any elector to the list of electors where
(a) the elector completes the prescribed registration form, establishes that the elector 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 form for the elector, establishes that the elector should be included on the list, and provides
(i) a written authorization from the elector allowing him or her to complete the form for the elector, and
(ii) satisfactory proof of identity in respect of the elector and in respect of himself or herself.
Exclusion from Register of Electors
(1.1) An elector whose name is added to the 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
(1.2) Subject to subsection (4), where an elector whose name is added to the list of electors under subsection (1) has changed addresses since being listed in the Register of Electors,
(a) the elector, or
(b) the other elector referred to in paragraph (1)(b) or (c), as the case may be, shall give the elector’s previous address, and the elector’s name shall thereupon be deleted from the Register of Electors in relation to the previous address.
Deletion of name by returning officer or assistant returning officer
(2) The returning officer or assistant returning officer may delete the name of a person on the list of electors where
(a) the person requests it and provides satisfactory proof of identity in respect of himself or herself;
(b) it is established that the elector is deceased;
(c) it is established that the information furnished is not valid; or
(d) it is established that the elector no longer resides at the address indicated on the list.
Corrections
(3) The returning officer or assistant returning officer may approve corrections that he or she considers appropriate to the information regarding an elector on the list of electors where
(a) the elector has requested the correction under subsection 71.17(3); or
(b) there is an omission, inaccuracy or error.
Address change within electoral district
(4) An elector who changes addresses within an electoral district may, by telephone or otherwise, on providing satisfactory proof of identity to one of the election officers mentioned in subsection 71.17(1), have the relevant corrections made to the list of electors. This may also be done by another elector who lives at the same residence, on providing satisfactory proof of identity in respect of the elector in question.
1993, c. 19, s. 31; 1996, c. 35, s. 32.
71.27 [Repealed]
1993, c. 19, s. 31; 1996, c. 35, s. 33.
Objection by elector
71.28 (1) No later than the fourteenth day before polling day, an elector whose name appears on the list of electors for a polling division may make an objection before the returning officer respecting the inclusion of the name of another person on the list for that elector’s electoral district.
Affidavit of objection
(2) An elector who wishes to make an objection shall complete an affidavit of objection in the prescribed form, alleging that another person whose name appears on the list of electors is not qualified to vote, 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 of receipt of an affidavit of objection or on the following day, send to the person objected to, at the person’s address given on the preliminary list and also at any other address given on the affidavit, a notice in the prescribed form advising the person referred to in the affidavit that he or she may
(a) appear personally or by representative before the returning officer at a specified time no later than the eleventh day before polling day; or
(b) send the returning officer, before that time, proof that the person is qualified as an elector.
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 pursuant to paragraph (3)(a), the returning officer shall permit one representative of each candidate in the electoral district to be present, but no such representative, except with the permission of the returning officer, has any right to intervene.
1993, c. 19, s. 31; 1996, c. 35, s. 33.
Objection by person
71.29 (1) Where an objection is made in respect of the affidavit of objection taken pursuant to subsection 71.28(2), notice of which has been sent by the returning officer to the person objected to, the returning officer may examine, on oath, the elector making the objection, the person against whom the objection is made, where that person wishes to present his or her 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 striking off of any name from the list of electors is on the elector making the objection.
Idem
(3) It is not necessary for the person against whom an objection is made to prove in the first instance that that person’s name properly appears on the list of electors.
Elector to substantiate case
(4) The non-attendance before the returning officer, or the failure to send proof that the person is qualified as an elector, at the time an objection is dealt with, of the person against whom the objection is made does not relieve the elector making the objection from substantiating, in the absence of evidence to the contrary, a case that is considered by the returning officer sufficient to establish the fact that the name of the person objected to improperly appears on the list of electors.
Outcome of objection
(5) After an objection is dealt with by the returning officer, the returning officer 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.
1993, c. 19, s. 31; 1996, c. 35, s. 34.
71.3 [Repealed]
1993, c. 19, s. 31; 1996, c. 35, s. 35.
REVISED LIST OF ELECTORS AND OFFICIAL LIST OF ELECTORS
Revised list of electors
71.31 (1) Each returning officer shall, on the eleventh day before polling day, prepare a revised list of electors for each polling division in the electoral district.
Official list of electors
(2) Each returning officer shall, on the third day before polling day, prepare the official list of electors for each polling division in the electoral district.
Form of lists
(3) The lists referred to in subsections (1) and (2) shall be in the form established by the Chief Electoral Officer.
Transmittal of lists
(4) Each returning officer shall deliver to the appropriate deputy returning officers the portions of the lists mentioned in subsections (1) and (2) that they need to conduct the vote in their respective polling divisions, with an indication of the sex of each elector named therein.
Copies to candidates
(5) Each returning officer shall deliver to each candidate two copies of the lists mentioned in subsections (1) and (2), one being in printed form and one in electronic form.
Extra copies
(6) Where a request is received from a candidate, a maximum of four additional printed copies of the lists referred to in subsections (1) and (2) may be provided by the returning officer.
1993, c. 19, s. 31; 1996, c. 35, s. 35.
FINAL LIST OF ELECTORS
Final list of electors
71.32 (1) The Chief Electoral Officer shall, as soon as possible after polling day, prepare a final list of electors for each electoral district.
Transmittal of final list to member and parties
(2) The Chief Electoral Officer shall deliver two copies of the final list of electors for each electoral district, with one copy being in printed form and one in machine readable form, if available, to each registered party which was represented by a candidate at the election in the electoral district and to the member who was elected for the electoral district.
Additional copies
(3) The Chief Electoral Officer may, on request, transmit additional copies of the final lists of electors to the member and parties mentioned in subsection (2).
Adequate consideration
(4) The Chief Electoral Officer may require the member and parties mentioned in subsection (2) to provide adequate valuable consideration in respect of the additional copies referred to in subsection (3).
1993, c. 19, s. 31; 1996, c. 35, s. 36.
71.33 [Repealed]
1993, c. 19, s. 31; 1996, c. 35, s. 37.
OFFENCES
Offences
71.34 Any person is guilty of an offence who
(a) obstructs a returning officer, assistant returning officer or revising agent in the performance of duties under this Act;
(b) without authority, carries or uses identification intended to be used by a revising agent or intended to replace or simulate the identification prescribed by the Chief Electoral Officer for that purpose;
(c) having been replaced as assistant returning officer or revising agent by the returning officer, refuses to deliver or give up to that person’s replacement or to an authorized person any papers or documents that the person has received or prepared in the performance of that person’s duties;
(d) knowingly makes a false or misleading statement, orally or in writing, relating to his or her qualification as an elector or relating to the information specified in section 71.017;
(e) knowingly makes a false or misleading statement, orally or in writing, relating to another person’s qualifications 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;
(f) requests the listing in the Register of Electors of the name of a person who is not qualified as an elector, or the name of an animal or object; or
(g) uses the whole or any part of
(i) the Register of Electors, or
(ii) a list of electors prepared for the purposes of this Act
for other than purposes described in section 71.35 or political purposes, as defined in subsection 2(1) of Schedule II, a federal election or referendum, or an election or referendum held pursuant to provincial law.
1993, c. 19, s. 31; 1996, c. 35, s. 38.
USE OF LISTS OF ELECTORS
Registered parties
71.35 (1) A registered party that, under section 71.013 or 71.32, is entitled to receive a copy of the list of electors or the final list of electors may use the list for communicating with electors, and without restricting the generality of the foregoing, it may use the list for soliciting contributions and recruiting members.
Candidates
(2) A candidate who, under section 71.12 or 71.31, is entitled to receive a copy of the preliminary list of electors, the revised list of electors or the official list of electors may use the list for communicating with electors during an election period, and without restricting the generality of the foregoing, the candidate may use the list during an election period for soliciting contributions and campaigning.
1996, c. 35, s. 38.1.
AMALGAMATION OF POLLING DIVISIONS
Amalgamation of polling divisions
72. (1) After the end of the revision period for the lists of electors, a returning officer may, on the prior approval of the Chief Electoral Officer, amalgamate the polling division with an adjacent polling division in the electoral district.
Official list
(2) The lists of electors for the two or more amalgamated polling divisions referred to in subsection (1) shall be deemed to be the official list for the new polling division created by the amalgamation.
R.S. 1970, c. 14 (1st Supp.), s. 18; 1977-78, c. 3, s. 88; 1996, c. 35, s. 39.
PROCLAMATION BY RETURNING OFFICER
Proclamation by returning officer
73. Within four days after the date of issue of a writ of election, a returning officer shall issue a proclamation in Form 2 under his or her hand, in the English and French languages, indicating
(a) the place and time fixed for the nomination of candidates;
(b) the day on which the poll for taking the votes of the electors is to be held, in case a poll is demanded;
(c) the date and time when and the place where the returning officer will add up the number of votes given to the several candidates and the date, subject to section 172, shall not be later than seven days after polling day;
(d) the portion or portions of the electoral district that are or are deemed to be urban and rural polling divisions, respectively; and
(e) an exact description of the place in the electoral district where the returning officer has established his office.
R.S. 1970, c. 14 (1st Supp.), s. 19; 1977-78, c. 3, s. 20; 1992, c. 21, s. 14; 1993, c. 19, s. 32; 1996, c. 35, s. 40.
74. [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 19; 1993, c. 19, s. 33.
75. [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 19; 1993, c. 19, s. 33.
76. [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 19; 1993, c. 19, s. 33.
QUALIFICATIONS OF CANDIDATES
Qualifications of candidates
76.1 Subject to this Act, any person who, at the date on which the person’s nomination paper is filed at an election, is qualified as an elector may be a candidate at the election.
R.S. 1970, c. 14 (1st Supp.), s. 20; R.S. 1985, c. E-2 (omitted); 1989, c. 28, s. 1.
PERSONS INELIGIBLE AS CANDIDATES
Ineligible candidates
77. (1) The persons mentioned in this section are not, for the time specified with respect to each such person, eligible as candidates at an election, namely,
(a) every person who
(i) has been found by report of the judge on the trial of an election petition to have committed at an election any corrupt practice, reported to the Speaker of the House of Commons as having had an opportunity to be heard on his own behalf and expressly declared to be a person who should be disqualified,
(ii) has been convicted before any competent court of having committed at an election any offence that is a corrupt practice,
(iii) has been ordered to pay any sum forfeited because of the commission of any corrupt practice, or
(iv) has been found guilty in any proceedings in which, after notice of the charge, he has had an opportunity of being heard, of any corrupt practice or of any offence that is a corrupt practice,
during the period of five years following the date after the person being so found, reported and expressly declared, convicted, ordered or found guilty;
(b) every person who
(i) has been found by report of the judge on the trial of an election petition to have committed at an election any illegal practice, reported to the Speaker of the House of Commons as having had an opportunity to be heard on his own behalf and expressly declared to be a person who should be disqualified,
(ii) has been convicted before any competent court of having committed at an election any offence that is an illegal practice,
(iii) has been ordered to pay any sum forfeited because of the commission of any illegal practice, or
(iv) has been found guilty in any proceedings in which, after notice of the charge, he has had an opportunity of being heard, of any illegal practice or of any offence that is an illegal practice,
during the period of five years next after the date of his being so found, reported and expressly declared, convicted, ordered or found guilty;
(c) [repealed]
(d) every person who is a member of the legislature of a province, during the time he is such a member;
(e) every person who holds the office of sheriff, clerk of the peace or county or judicial district Crown Attorney, during the time he holds that office;
(f) [repealed]
(g) every person who is a member of the Council of the Yukon Territory or the Northwest Territories, during the time he is such a member;
(h) every person who is declared by section 51 to be not qualified to vote, during the time that pursuant to that section he is not qualified to vote;
(i) every judge appointed by the Governor in Council other than a citizenship judge appointed under the Citizenship Act;
(j) every person who is imprisoned in a correctional institution as a result of a conviction for an offence; and
(k) election officers.
Forfeit of right
(2) A person forfeits the right to be a candidate if the person was a candidate in a previous election and a return for the candidate under section 228 in respect of that election is not filed, although the time and any extension for filing the return have expired.
R.S. 1970, c. 14 (1st Supp.), s. 21; 1993, c. 19, s. 34.
78. (1) [Repealed]
Effect of election of ineligible person
(2) The election of any person who is by this Act declared to be ineligible as a candidate is void.
Offence
(3) Every person is guilty of an offence who signs a nomination paper consenting to be a candidate at an election knowing that he is ineligible to be a candidate at the election.
R.S. 1970, c. 14 (1st Supp.), s. 21; 1993, c. 19, s. 35.
POLLING DAY AND NOMINATION DAY
Polling day
79. (1) The Governor in Council shall fix the day on which the poll shall be held at any election and that day shall be named in the writ of election.
General election
(2) At a general election the writs for all the electoral districts shall be dated on the same day and shall name the same day for the poll.
To be held on a Monday
(3) The day fixed for holding the poll shall, at any election, be a Monday, unless the Monday of the week in which it is desired to hold the poll
(a) is a holiday as defined by the Interpretation Act,
(b) at a general election, is a day that is generally observed by the residents of any province as a day for religious exercises and is declared to be a holiday by the law of that province, or
(c) at a by-election, is a day so generally observed in and so declared by the law of the province within which the electoral district lies,
in which case, the day fixed for the poll shall be Tuesday of the same week.
Times when polling day is Tuesday
(4) Where, pursuant to subsection (3), the day fixed for the poll at an election is a Tuesday, the provisions of this Act requiring any thing to be done on a specified day or within a specified period of time before or after polling day apply as if polling day were a Monday.
Nomination day
(5) Nomination day in all electoral districts shall be Monday, the twenty-first day before polling day.
(6) [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 22; 1980-81-82-83, c. 96, s. 8; 1993, c. 19, s. 36; 1996, c. 35, s. 41.
NOMINATION OF CANDIDATES
Minimum number of signatures required
80. A prospective candidate shall be nominated by at least one hundred electors resident in the electoral district or, in the case of an electoral district listed in Schedule III of this Act, at least fifty such electors.
R.S. 1970, c. 14 (1st Supp.), s. 23; 1993, c. 19, s. 37.
Schedule III
80.1 Where a prospective candidate in an electoral district listed in Schedule III is not able to have the nomination documents filed at the office of the returning officer before the expiration of the prescribed deadlines, the returning officer may authorize a person to receive those documents in a place designated by the returning officer or may authorize the filing by other means, if all original documents are sent to the returning officer within ten days after nomination day.
1993, c. 19, s. 37.
Manner of nomination
81. (1) A candidate shall be nominated as follows:
(a) a nomination paper in the prescribed form shall be prepared containing a statement under oath by the candidate of
(i) the name, address, occupation and political affiliation of the candidate,
(ii) the address designated by the candidate for service of process and papers under this Act and under the Dominion Controverted Elections Act,
(iii) the name, address and occupation of the official agent appointed by the candidate pursuant to section 215, and
(iv) the name and address of the auditor appointed pursuant to subsection 226(1),
and there shall be attached to the nomination paper a statement in writing signed by the person named pursuant to subparagraph (iv), stating that he has accepted the appointment as auditor for the candidate;
(b) the nomination paper shall be signed by the persons referred to in section 80, in the presence of a witness, and each of the persons so signing shall state in the nomination paper that person’s address and occupation;
(c) the nomination paper shall be signed by a witness to the signature of each of the persons who sign the nomination paper pursuant to paragraph (b) and the witness so signing shall state in the nomination paper the address and occupation of the witness;
(d) a statement under oath in the nomination paper that the candidate consents to the nomination shall be signed and sworn to by the candidate in the presence of a witness who is qualified as an elector, other than the person who administers the oath, and the nomination paper shall be signed by that witness;
(e) the nomination paper and the statement in writing, signed by the person named pursuant to subparagraph (a)(iv), stating that he has accepted the appointment as auditor for the candidate shall be filed, at any time between the date of the proclamation referred to in subsection 73(1) and the time for the close of nominations, with the returning officer for the electoral district by the witness who signed the nomination paper pursuant to paragraph (d);
(f) where the candidate is nominated, the person filing the nomination paper shall use due diligence to ensure that the signatures on the nomination paper were all made by electors resident in the electoral district;
(g) an oath in writing in the prescribed form, sworn before the returning officer, of the person who signed the nomination paper as a witness to the consent to nomination of the candidate, stating that
(i) the person knows the candidate,
(ii) the person is qualified as an elector, and
(iii) the candidate signed the consent to the nomination in the person’s presence,
shall be filed with the returning officer at the time the nomination paper is filed;
(h) subject to subsection 82(1), where the candidate has the endorsement of a registered party and wishes to have the name of the party shown in the election documents relating to him, an instrument in writing, signed by the leader of the party or by a representative designated by the leader pursuant to section 27 and stating that the candidate is endorsed by the party, shall be filed with the returning officer at the time the nomination paper is filed;
(i) where an instrument referred to in paragraph (h) is not filed in accordance with that paragraph, the candidate shall indicate in the candidate’s nomination paper whether the candidate wishes to be referred to as independent or have nothing shown in the election documents;
(j) the amount of $1,000 must be deposited with the returning officer at the same time as the nomination paper and one half of the deposit shall be returned to the candidate on satisfaction of the conditions set out in paragraph 84(3)(a), while the other half shall be returned on satisfaction of the conditions set out in paragraph 84(3)(b);
(k) a declaration, signed by the candidate, stating that the candidate has appointed an official agent in the manner set out in subsection 215(1) shall be handed to the returning officer at the time the nomination paper is filed, which declaration shall set out the official agent’s name, address and occupation and be accompanied by the document referred to in subsection 215(1); and
(l) where a candidate has substituted the candidate’s nickname for one or more of the candidate’s given names in the nomination paper as permitted by paragraph 81(2)(a.1), such documents evidencing the common public knowledge and acceptance of the nickname of the candidate as are determined by the Chief Electoral Officer shall, on request, be filed with the returning officer.
Particulars of candidates
(2) For the purpose of subparagraph (1)(a)(i),
(a) the name of the candidate shall not include any title, degree or other prefix or suffix;
(a.1) one or more of the given names of the candidate may be replaced by the nickname by which the candidate is publicly known, in which case, the nickname may be accompanied by the initial or initials of the candidate’s given name;
(a.2) a normal abbreviation of one or more of the candidate’s given names may be substituted for the given name; and
(b) the occupation of the candidate shall be stated briefly and shall correspond to the occupation by which the candidate is known in the place of his ordinary residence.
Political affiliation
(3) For the purpose of subparagraph (1)(a)(i),
(a) if an instrument is filed in accordance with paragraph (1)(h), the political affiliation of the candidate shall be stated as being the registered party named in the instrument;
(b) if no instrument or request is filed in accordance with paragraph (1)(h), the candidate shall be described in the manner shown in the candidate’s nomination paper;
(c) [repealed]
R.S. 1970, c. 14 (1st Supp.), s. 23; 1977-78, c. 3, s. 21, 64; 1980-81-82-83, c. 164, s. 6; 1993, c. 19, s. 38.
Party may endorse only one candidate per district
82. (1) A registered party may, with respect to any election, give its endorsement to only one candidate in each electoral district.
New endorsement
(2) Where, with respect to any particular electoral district, a candidate who has been given the endorsement of a registered party dies or withdraws in accordance with subsection 88(1), the registered party may give its endorsement to another candidate in that electoral district.
1980-81-82-83, c. 164, s. 6.
Authority of candidate to enter building
82.1 A candidate and the candidate’s representative may enter any apartment building or other multiple residence during reasonable hours for the purpose of conducting the campaign.
1993, c. 19, s. 39.
Nomination paper not invalid
83. (1) Where a nomination paper is signed by more than the number of persons required by section 80, the nomination paper is not invalid by reason only that some of those persons are not qualified as electors, if at least the minimum number of persons who signed are qualified as electors in the electoral district.
Not rejected for ineligibility
(2) A returning officer shall not refuse to accept any nomination paper for filing by reason of the ineligibility of the candidate nominated, unless the ineligibility appears on the nomination paper.
Correction or replacement
(3) A nomination paper that a returning officer has refused to accept for filing may be replaced by another nomination paper or may be corrected, except that a new or corrected nomination paper shall be filed with the returning officer not later than the time for the close of nominations.
R.S. 1970, c. 14 (1st Supp.), s. 23; 1993, c. 19, s. 40.
Receipt for deposit
84. (1) A returning officer shall not accept any deposit until after all the other steps necessary to complete the nomination of a candidate have been taken and, on his accepting any deposit, he shall give to the person who pays the deposit to him a receipt therefor, which is conclusive evidence that the candidate has been duly and regularly nominated and is, in the absence of any evidence to the contrary, proof of his eligibility to be a candidate.
Deposit to Receiver General
(2) The full amount of every deposit shall forthwith after its receipt be transmitted by the returning officer to the Chief Electoral Officer who shall in turn forthwith transmit it to the Receiver General.
Disposition of deposit
(3) The amount deposited by a candidate pursuant to section 81 shall be dealt with in the following way:
(a) where the candidate’s return referred to in section 228 has been transmitted within the time provided therefor and the candidate has complied, to the satisfaction of the Chief Electoral Officer, with subsection 219(2), fifty per cent of the deposit shall be returned to the candidate’s official agent, otherwise, that amount belongs to Her Majesty in right of Canada;
(b) where the candidate receives at least fifteen per cent of the votes cast in an election in the electoral district in which the candidate was nominated pursuant to this Act, fifty per cent of the deposit shall be returned to the candidate’s official agent, otherwise, that amount belongs to Her Majesty in right of Canada;
(c) where a candidate dies before the closing of all the polls, the deposit shall be returned to the official agent or to such other person as may be determined by the Chief Electoral Officer; and
(d) in any other event, the full amount of the deposit belongs to Her Majesty in right of Canada.
R.S. 1970, c. 14 (1st Supp.), s. 23; 1973-74, c. 51, s. 5; 1977-78, c. 3, s. 21; 1993, c. 19, s. 41.
Time and place for receiving nominations
85. (1) At noon on nomination day the returning officer and the assistant returning officer shall both attend at the place fixed for the nomination of candidates in the proclamation issued pursuant to subsection 73(1) and shall remain until two o’clock in the afternoon of that same day for the purpose of receiving the nominations of such candidates as the electors desire to nominate, as have not already been officially nominated.
Close of nominations
(2) After two o’clock in the afternoon on nomination day, no further nominations shall be receivable or be received.
R.S. 1970, c. 14 (1st Supp.), s. 23.
Votes for persons not officially nominated to be void
86. Any votes given at an election for any person other than a candidate officially nominated in the manner prescribed by this Act are void.
R.S. 1970, c. 14 (1st Supp.), s. 23.
Leave of absence
87. Every employer of employees to whom Part III of the Canada Labour Code applies shall, on application to him by any such employee, grant to the employee leave of absence, with or without pay, to seek nomination as a candidate and to be a candidate for election for such period during an election as may be requested by the employee.
R.S. 1970, c. 14 (1st Supp.), s. 23.
WITHDRAWAL OF CANDIDATES
Withdrawal of candidates
88. (1) A candidate may withdraw at any time prior to 5:00 p.m. on nomination day by filing, in person, with the returning officer a declaration in writing to that effect signed by the candidate and attested by the signatures of two electors who are qualified to vote in the electoral district in which the candidate was nominated.
Consequences of withdrawal
(2) Where a candidate at an election withdraws under subsection (1),
(a) any votes cast for him at the election are void; and
(b) his deposit is forfeited.
(3) [Repealed]
(4) [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 24; 1980-81-82-83, c. 96, s. 9; 1993, c. 19, s. 42.
Where only one candidate remains
89. Where, after a candidate has withdrawn, only one candidate remains, the returning officer shall, without waiting for the day fixed for holding the poll, return as duly elected the remaining candidate.
R.S. 1970, c. 14 (1st Supp.), s. 24.
False statement of withdrawal of candidate
90. Every person is guilty of an illegal practice and of an offence who, before or during an election, for the purpose of procuring the election of another candidate, publishes a false statement of the withdrawal of a candidate at the election.
R.S. 1970, c. 14 (1st Supp.), s. 24.
DEATH OF NOMINATED CANDIDATE
Postponement of nomination day on death of candidate
91. (1) Where a candidate endorsed by a registered party dies during the period beginning on the fifth day before the close of nominations and ending at the close of polls on polling day, the returning officer shall, after communicating with the Chief Electoral Officer, fix as the day for the nomination of candidates in that electoral district the second Monday following the date of the candidate’s death.
Notice and proclamation of new nomination and polling days
(2) Notice of the day fixed for the nomination of candidates pursuant to subsection (1) shall be given by a further proclamation distributed and posted as specified by the Chief Electoral Officer, and there shall also be named by the proclamation a new day for polling, which shall be Monday, the twenty-first day after the new day fixed for the nomination of candidates.
Lists of electors
(3) The lists of electors to be used at a postponed election shall be the list of electors that was revised between the date of issue of the writ and the sixth day before the new polling day.
R.S. 1970, c. 14 (1st Supp.), s. 25; 1980-81-82-83, c. 96, s. 10; 1993, c. 19, s. 43; 1996, c. 35, s. 42.
Postponement of election
91.1 The postponement of an election pursuant to section 91 and the setting of another date for the nomination of candidates does not invalidate the nomination of the other candidates.
1993, c. 19, s. 43.
Ballots void
91.2 Where an election is postponed under section 91, all ballots are void and shall be destroyed.
1993, c. 19, s. 43.
RETURN BY ACCLAMATION
Return by acclamation
92. (1) Where only one candidate has been officially nominated for an electoral district within the time fixed for that purpose, the returning officer shall
(a) forthwith make his return to the Chief Electoral Officer, in the prescribed form, that the candidate is duly elected for the electoral district; and
(b) within forty-eight hours thereafter send a certified copy of the return to the person elected.
Report with return
(2) A returning officer shall include in his return to the Chief Electoral Officer a report of his proceedings and of any nomination proposed and rejected for non-compliance with this Act.
R.S. 1970, c. 14 (1st Supp.), s. 26; 1977-78, c. 3, s. 64.
GRANTING OF A POLL
Granting of a poll
93. (1) Where more than one candidate is officially nominated in the manner required by this Act, the returning officer shall, forthwith after the close of nominations, grant a poll for taking the votes of the electors.
Notice of a grant of poll
(2) Where a poll is granted pursuant to subsection (1), the returning officer shall, within the five days immediately following the day on which the poll is granted, post in the office of the returning officer a notice of grant of a poll in the prescribed form indicating
(a) the name, address, occupation and political affiliation, if any, of each officially nominated candidate in that electoral district, as stated in the nomination papers, in the order in which those names are to be placed on the ballot papers;
(b) the name, address and occupation of the official agent of each officially nominated candidate in that electoral district, as stated in the nomination papers; and
(c) the name, if any, and the number of each of the polling divisions and the address of the polling stations in that electoral district.
Idem
(3) Where a poll is granted pursuant to subsection (1), the returning officer shall send to every deputy returning officer or central poll supervisor, as the case may be, one copy of the notice of grant of a poll referred to in subsection (2) and every deputy returning officer or central poll supervisor shall post the notice in the polling station.
Returning officer to send document
(4) The returning officer shall send to each candidate, on the later of the thirty-first day before polling day and the day the candidate is nominated, up to ten copies of a document setting out a description of the boundaries of the polling divisions in the electoral district.
R.S. 1970, c. 14 (1st Supp.), s. 27; 1977-78, c. 3, s. 64; 1980-81-82-83, c. 96, s. 11; 1993, c. 19, s. 44; 1996, c. 35, s. 43.
INSPECTION OF LISTS
94. [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 28; 1977-78, c. 3, s. 22; 1993, c. 19, s. 45; 1996, c. 35, s. 44.
DEPUTY RETURNING OFFICERS AND POLL CLERKS
Deputy returning officer
95. (1) As soon as convenient after the issue of the writ, a returning officer shall, in the prescribed form, appoint one deputy returning officer in each polling station in the electoral district to be appointed from lists supplied by the candidate of the registered party, in the current election, whose candidate finished first in that electoral district in the last election.
Oath
(2) Each deputy returning officer shall, before acting as such, take an oath in the prescribed form.
List of deputies to candidates
(3) A returning officer shall furnish each candidate or his agent, at least three days before polling day, with a list of the names and addresses of all the deputy returning officers appointed to act in the electoral district with the number of the polling station at which each is to act.
R.S. 1970, c. 14 (1st Supp.), s. 29; 1977-78, c. 3, s. 64; 1993, c. 19, s. 46.
Replacing deputies
96. (1) A returning officer may, at any time, relieve any deputy returning officer appointed by him of his duties and appoint another person to perform those duties.
Duty of replaced deputy
(2) Any deputy returning officer who is relieved of his duties under subsection (1) or who refuses or is unable to act shall forthwith, on receiving written notice from the returning officer of the appointment of a substitute for him, deliver up to the returning officer or to such other person as the returning officer may appoint, the ballot box and all ballot papers and the lists of electors and other papers in his possession as such deputy returning officer and, on default, is guilty of an offence.
R.S. 1970, c. 14 (1st Supp.), s. 29.
Poll clerks
97. (1) As soon as convenient after the issue of the writ, a returning officer shall, in the prescribed form, appoint one poll clerk in each polling station in the electoral district to be appointed from lists supplied by the candidate of the registered party, in the current election, whose candidate finished second in the electoral district in the last election.
Oath
(2) Each poll clerk shall, before acting, take an oath in the prescribed form.
R.S. 1970, c. 14 (1st Supp.), s. 29; 1977-78, c. 3, s. 64; 1993, c. 19, s. 47.
Appointment of election officers
97.1 A returning officer shall proceed to appoint election officers under sections 95 and 97 without the lists, if the candidates have not, by the seventeenth day before polling day, made their recommendations or have not recommended a sufficient number of qualified persons.
1993, c. 19, s. 47.
Refusal to appoint deputy returning officer
97.2 A returning officer may, on reasonable grounds, refuse to appoint a deputy returning officer or a poll clerk recommended by a candidate and shall advise the candidate of the refusal immediately.
1993, c. 19, s. 47.
Recommendation of another person
97.3 The candidate may, within twenty-four hours after being advised of the refusal referred to in section 97.2, recommend another person or allow the returning officer to make the appointment alone.
1993, c. 19, s. 47.
Posting up of list of names of deputy returning officers
98. (1) At least three days before polling day, each returning officer shall
(a) post up in his office a list of the names and addresses of all the deputy returning officers appointed to act in the electoral district, with the numbers of their respective polling stations; and
(b) permit free access to, and afford full opportunity for the inspection of, that list by interested persons at any reasonable time.
When deputy dies or cannot act
(2) Where a deputy returning officer dies or is unable to act, the returning officer may appoint another person in his place as deputy returning officer and, if no such appointment is made, the poll clerk, without taking another oath of office, shall act as deputy returning officer.
Another poll clerk appointed
(3) Where a poll clerk acts as deputy returning officer, the poll clerk shall, in the prescribed form, appoint a poll clerk to act in the poll clerk’s place, and the poll clerk so appointed shall, before acting as such, take the oath pursuant to subsection 97(2).
R.S. 1970, c. 14 (1st Supp.), s. 29; 1977-78, c. 3, s. 64; 1993, c. 19, s. 48.
BALLOT BOXES AND BALLOT PAPERS
Ballot boxes
99. (1) The Chief Electoral Officer may
(a) cause to be made for each electoral district such ballot boxes as are required; or
(b) give to the returning officer such instructions as are deemed necessary to obtain ballot boxes of a uniform size and shape.
Ballot box
(2) Each ballot box shall be made of suitable material in the manner prescribed by the Chief Electoral Officer.
Idem
(3) Each ballot box shall be constructed in such a manner that it is possible to affix the seals prescribed by the Chief Electoral Officer for the use of returning officers and deputy returning officers.
(4) [Repealed]
(5) [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 30; 1993, c. 19, s. 49.
Ballot papers
100. (1) All ballot papers shall be of the same description and as nearly alike as possible and each ballot paper shall be a printed paper on which
(a) the names of the candidates, alphabetically arranged in the order of their surnames, shall be set out as those names appear in their nomination papers;
(b) the political affiliation of each candidate, if any, as indicated under section 81 at the time of nomination of the candidate, shall be set out, after or under the name of the candidate;
(c) where the political affiliation indicated by a candidate under section 81 is a registered party, the name, the short form or the abbreviation of the name of the registered party shall be set out in the form that has been indicated by the leader of the party pursuant to sections 24 to 32; and
(d) where
(i) there are two or more candidates having the same name, more than one of whom has filed a request in accordance with paragraph 81(1)(i), and
(ii) any of those candidates has, not later than three hours after the close of nominations, informed the returning officer, in writing, that the candidate wishes to be described on the ballot paper by the candidate’s address or occupation,
the address or occupation of that candidate, as indicated by that candidate, shall be set out, after or under the name of the candidate.
Idem
(2) Notwithstanding subsection (1), where a candidate at an election has filed an instrument in writing pursuant to paragraph 81(1)(h) stating that the political affiliation of the candidate is a registered party named in the instrument and the registered party is deleted from the registry by the Chief Electoral Officer, either before or after nomination of the candidate, neither the word "independent" nor any other political affiliation shall be set out after or under the name of the candidate on the ballot paper for the electoral district for which the candidate has been nominated.
R.S. 1970, c. 14 (1st Supp.), s. 31; 1977-78, c. 3, s. 23; 1993, c. 19, s. 50.
Correction
101. Any candidate may, within three hours after the close of nominations, supply in writing to the returning officer any particulars of the candidate’s address or occupation that the candidate considers to have been insufficiently or inaccurately given in the heading of the candidate’s nomination paper or may, in writing, direct the returning officer to omit any of the candidate’s given names from the ballot paper or to indicate those names by initial only, and the returning officer shall comply with that direction and include in the ballot paper those additional or corrected particulars.
R.S. 1970, c. 14 (1st Supp.), s. 31; 1993, c. 19, s. 51.
Ballot in Form 3
102. (1) Each ballot paper shall be in Form 3 and shall have a counterfoil and a stub, with a line of perforations between the ballot paper and the counterfoil and between the counterfoil and the stub.
Quality and weight of paper
(2) The ballot papers shall
(a) be printed on paper furnished to the returning officer by the Chief Electoral Officer at the time of or as soon as possible after the transmission of the writ of election; and
(b) be printed on paper of the weight and opacity that is prescribed by the Chief Electoral Officer.
Numbering of ballot papers
(3) The ballot papers shall be numbered on the back of the stub and the counterfoil, the same number being printed or written on the stub as on the counterfoil.
(4) [Repealed]
Books of ballot papers
(5) The ballot papers shall be bound or stitched in books containing twenty-five, fifty or one hundred ballots, as may be most suitable for supplying the polling stations proportionately to the number of voters in each station.
Printer’s name and affidavit
(6) The ballot papers shall bear the name of the printer who shall, on delivering the ballot papers to the returning officer, deliver therewith an affidavit, in the prescribed form, setting out the description of the ballot papers so printed by him, the number of ballot papers supplied to the returning officer, and the fact that no other ballot papers have been supplied by him to any other person.
R.S. 1970, c. 14 (1st Supp.), s. 31; 1977-78, c. 3, s. 23, 64; 1993, c. 19, s. 52.
Property in Her Majesty
103. The property in the ballot boxes, ballot papers, envelopes and marking instruments procured for or used at any election shall be in Her Majesty.
R.S. 1970, c. 14 (1st Supp.), s. 31.
SUPPLY OF ELECTION MATERIALS TO DEPUTY RETURNING OFFICER
Materials to be supplied to deputy returning officers
104. (1) A returning officer shall furnish each deputy returning officer in the electoral district, before polling begins, with
(a) a sufficient number of ballot papers for at least the number of electors on the official list of electors of the deputy’s polling station;
(b) a statement showing the number of ballot papers that are supplied, with their serial numbers;
(c) the necessary materials for electors to mark their ballots;
(d) an adequate number of templates, furnished by the Chief Electoral Officer, to enable electors who are blind or visually impaired to mark their ballots without assistance;
(e) a copy of the instructions prescribed by the Chief Electoral Officer, referred to in section 22;
(f) the official list of electors for use at the polling station;
(g) a ballot box;
(h) the forms of oaths to be administered to electors; and
(i) the necessary envelopes, other forms and supplies that may be authorized or furnished by the Chief Electoral Officer.
Safe-keeping of ballot papers, etc.
(2) Until the opening of the poll, each deputy returning officer is responsible for all election materials in the possession of the deputy returning officer and the deputy returning officer shall take every precaution for their safe-keeping and to prevent any person from having unlawful access to them.
R.S. 1970, c. 14 (1st Supp.), s. 32; 1977-78, c. 3, s. 64; 1992, c. 21, s. 15; 1993, c. 19, s. 53.
THE POLL AND POLLING STATIONS
Polling stations
105. (1) Subject to subsection (1.1), the poll shall be held in one or more polling stations established in each polling division in premises with level access, having an outside door for the admittance of electors, and, if possible, another door through which they may leave after voting.
Exception
(1.1) Where a returning officer is unable to secure suitable premises with level access to be used 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
(2) Each polling station shall contain one or two voting compartments so arranged that each elector may be screened from observation and may, without interference or interruption, mark his ballot paper.
Table or desk
(3) In each voting compartment there shall be provided for the use of electors in marking their ballots, a table or desk with a hard and smooth surface and a suitable black lead pencil, which shall be kept properly sharpened throughout the hours of polling.
Instructions
(4) The Chief Electoral Officer may give to the returning officer such instructions as are deemed necessary with respect to the mode of making voting compartments.
Hours of polling
(5) On polling day, each deputy returning officer shall, in the manner prescribed by this Act and within the following time periods, receive the votes of the electors qualified to vote at the polling station to which that officer has been assigned:
(a) between 8:30 a.m. and 8:30 p.m. if the electoral district is in the Newfoundland, Atlantic or Central time zone;
(b) between 9:30 a.m. and 9:30 p.m. if the electoral district is in the Eastern time zone;
(c) between 7:30 a.m. and 7:30 p.m. if the electoral district is in the Mountain time zone; or
(d) between 7:00 a.m. and 7:00 p.m. if the electoral district is in the Pacific time zone.
R.S. 1970, c. 14 (1st Supp.), s. 33; 1977-78, c. 3, s. 24; 1992, c. 21, s. 16; 1996, c. 35, s. 44.1.
Central polling place
106. (1) A returning officer may, where the returning officer considers it advisable, establish a central polling place where the polling stations of all or any of the polling divisions of any locality may be centralized, except that no central polling place that is established shall comprise more than fifteen polling divisions unless
(a) it is the usual practice in a locality to establish a central polling place for civic, municipal or provincial elections; and
(b) the Chief Electoral Officer has given prior permission for the establishment of a central polling place that comprises more than fifteen polling divisions.
Idem
(2) 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.
Central poll supervisor
(3) Where a returning officer establishes a central polling place under subsection (1) in which four or more polling stations are centralized, the returning officer may appoint a person, who shall be called a central poll supervisor, to attend at the central polling place on polling day and keep the returning officer promptly and fully informed in respect of all matters affecting or likely to affect peace and good order in the central polling place.
R.S. 1970, c. 14 (1st Supp.), s. 33; 1977-78, c. 3, s. 24; 1993, c. 19, s. 54.
Polling station in adjacent polling division
107. (1) Where a returning officer is unable to secure suitable premises to be used as a polling station within a polling division, he may establish a polling station in an adjacent polling division and, on the establishment of that polling station, 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.
R.S. 1970, c. 14 (1st Supp.), s. 33; 1992, c. 21, s. 17.
Mobile polling station
107.1 (1) Where a polling division consisting of two or more institutions is constituted pursuant to subsection 20(4), the returning officer may establish a mobile polling station to be located in each of those institutions successively.
Hours of polling for mobile polling station
(2) The returning officer shall set the times during which a mobile polling station will be 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 relating to ordinary polls shall in so far as they are applicable apply to mobile polls.
1992, c. 21, s. 18.
OFFICIAL LIST OF ELECTORS TO BE USED AT THE POLL
List of electors to be used at the poll
108. (1) The list of electors to be used at an election shall be the official list of electors as defined in section 2.
Delivery of list to deputy returning officer
(2) A returning officer shall deliver one copy of the official list of electors to each deputy returning officer for that officer’s polling station by enclosing it where possible in the ballot box with the ballot papers and other supplies required by section 104.
(3) [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 34; 1977-78, c. 3, s. 88; 1993, c. 19, s. 55.
Application
109. (1) All the provisions of this section and sections 111 to 113 apply notwithstanding anything contained in this Act.
Dividing lists for large polling divisions
(2) Where the number of names on the official list of electors for any polling division is such that the electors will not be adequately served by one polling station, the returning officer shall, unless the Chief Electoral Officer directs not to do so, for the purposes of the election, provide within that polling division sufficient separate and adjacent polling stations, so that the name of every elector on the official list of electors for the polling division appears on only one of the parts of the list of electors allotted to various polling stations.
R.S. 1970, c. 14 (1st Supp.), s. 35; 1993, c. 19, s. 56.
110. [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 35; 1993, c. 19, s. 56.
Dividing lists
111. (1) 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 established in it by dividing the list numerically according to the consecutive number given to each elector registered on the official list of electors so that approximately an equal number of electors will be allotted to each polling station.
Idem
(2) Polling stations established pursuant to subsection (1) shall be designated by the number of the polling division to which shall be added the letters A, B, C and so on.
Alphabetical list of electors
(3) Where it is necessary to prepare an alphabetical list of electors pursuant to section 71.11, the returning officer shall divide the list by cutting it between two initial letters of the surnames of the electors, as they appear on it, that is to say, between K and L or between R and S, as the case may be.
R.S. 1970, c. 14 (1st Supp.), s. 35; 1993, c. 19, s. 57.
Certificate of returning officer
112. (1) To each portion of the official list of electors divided pursuant to sections 109 to 111, the returning officer shall append a special certificate signed by himself, in the form prescribed by the Chief Electoral Officer, attesting to its correctness, before sending the portion of the list to the deputy returning officer for the appropriate polling station at which it is to be used for the taking of the vote on polling day.
(2) [Repealed]
(3) [Repealed]
(4) [Repealed]
(5) [Repealed]
(6) [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 35; 1977-78, c. 3, s. 88; 1993, c. 19, s. 58.
113. [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 35; 1993, c. 19, s. 59.
AGENTS AT THE POLLS
Who may be present at polling station
114. (1) At each polling station, in addition to the deputy returning officer and the poll clerk, no person other than
(a) the candidates, and
(b) two agents for each candidate or, in the absence of agents, two electors to represent each candidate,
shall remain in the room where the votes are given for a period longer than the period necessary to enable him to vote during the time in which the poll remains open.
Delivery of agent’s appointment
(2) Forthwith on being admitted to a polling station, each agent shall deliver his written appointment in the form prescribed by the Chief Electoral Officer to the deputy returning officer.
Oath of secrecy
(3) Each of the agents of a candidate, on being admitted to the polling station, shall take an oath in the prescribed form to keep secret the name of the candidate for whom the ballot paper of any elector is marked in the presence of that agent.
R.S. 1970, c. 14 (1st Supp.), s. 36; 1977-78, c. 3, s. 64; 1993, c. 19, s. 60.
Agent authorized in writing
115. (1) Any agent bearing a written authorization from a candidate or from the official agent of a candidate in the form prescribed by the Chief Electoral Officer shall be deemed an agent 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 of representing the candidate.
Appointment of agents
(2) A candidate or the official agent of a candidate may appoint as many agents as he deems necessary for a polling station except that only two agents may be present in the polling station at any time.
Agents may absent themselves from poll
(3) Agents of candidates or electors representing candidates may absent themselves from and return to a polling station at any time before the close of the poll and, after that absence,
(a) an agent is not required to produce a new written appointment from the candidate or the official agent of the candidate; and
(b) an agent or elector is not required to take another oath pursuant to subsection 114(3).
Examination of list of electors and conveying information
(4) An agent of a candidate may
(a) during the hours of polling, but at no other time, examine the list of electors and take any information from it except where an elector would be delayed in casting the elector’s vote thereby; and
(b) convey, during the hours of polling, any information obtained by the examination referred to in paragraph (a) to any agent of the candidate who is on duty outside the polling station.
Communications device
(5) A candidate’s representative may not, during the hours of polling, at a polling station, use a communications device.
R.S. 1970, c. 14 (1st Supp.), s. 36; 1977-78, c. 3, s. 64; 1993, c. 19, s. 61.
Counting of ballots before opening of poll
116. (1) If the agents entitled to be present in the room of the polling station during polling hours are in attendance at least fifteen minutes before the hour fixed for opening the poll, they are entitled to have the ballot papers intended for use at the poll carefully counted in their presence before the opening of the poll, and to inspect the ballot papers and all other papers, forms and documents relating to the poll.
Candidate may act as his own agent
(2) A candidate may undertake the duties that any agent of the candidate, if appointed, might have undertaken, or may assist the agent in the performance of those duties, and may be present at any place at which the agent may, pursuant to this Act, be authorized to attend.
Provisions requiring presence of agents
(3) The non-attendance of any agent of a candidate at any time or place required by this Act does not in any way invalidate any act or thing done during the absence of the agent if the act or thing is otherwise duly done.
Idem
(4) Wherever in this Act any expressions are used requiring or authorizing any act to be done at the polls or elsewhere, in the presence of agents of the candidates, those expressions shall be deemed to refer to the presence of those agents of the candidates that are authorized to attend, and that have, in fact, attended at the time and place where the act or thing is being done.
R.S. 1970, c. 14 (1st Supp.), s. 37; 1993, c. 19, s. 62.
PROCEEDINGS AT THE POLL
117. (1) [Repealed]
Initialling ballot papers
(2) Before the opening of the poll, on polling day, the deputy returning officer shall, at the polling station and in full view of the candidates or their agents who are present, affix uniformly the deputy returning officer’s initials in the space provided for that purpose on the back of every ballot paper supplied by the returning officer.
Idem
(2.1) Where all the ballot papers cannot be initialled in accordance with subsection (2) before the opening of the poll, the opening of the poll shall not be delayed and the ballot papers shall then be initialled in accordance with that subsection as soon as possible thereafter and in all cases before being handed to electors.
Idem
(3) The initials of a deputy returning officer shall be affixed either entirely with pen and ink or entirely with a black lead pencil.
Idem
(4) For the purpose of initialling, the ballot papers shall not be detached from the books in which they have been bound or stitched pursuant to subsection 102(5).
R.S. 1970, c. 14 (1st Supp.), s. 38; 1977-78, c. 3, s. 64; 1993, c. 19, s. 63.
Examining and sealing ballot box
118. (1) At the hour fixed for opening the poll, the deputy returning officer shall, in full view of the candidates or their agents who are present, open the ballot box and ascertain that there are no ballot papers or other papers or material enclosed therein, after which the ballot box shall
(a) be sealed with the seals prescribed by the Chief Electoral Officer for the use of deputy returning officers;
(b) be placed on a table in full view of all present and maintained so placed until the close of the poll.
Calling electors
(2) Immediately after the ballot box is sealed, the deputy returning officer shall call on the electors to vote.
R.S. 1970, c. 14 (1st Supp.), s. 38; 1977-78, c. 3, s. 25.
Electors not to be impeded
119. (1) The deputy returning officer shall ensure the admittance of every elector into the polling station, and shall see that they are not impeded or molested at or about the polling station.
One elector at a time
(2) A deputy returning officer may, if he deems it advisable, direct that not more than one elector for each voting compartment shall, at any time, enter the room where the poll is held.
R.S. 1970, c. 14 (1st Supp.), s. 38; 1993, c. 19, s. 64.
Elector to declare name, etc.
120. (1) Each elector, on entering the room where the poll is held, shall declare the elector’s name and address whereupon the poll clerk shall ascertain if the name of the elector appears on the official list of electors used at the polling station.
Voting
(2) When it has been ascertained that an elector is qualified to vote at a polling station,
(a) the elector’s name shall be struck off the list of electors; and
(b) the elector shall immediately be allowed to vote, unless an election officer or any agent of a candidate present at the polling station desires that the elector first show proof of identity or take an oath of qualifications.
R.S. 1970, c. 14 (1st Supp.), s. 38; 1977-78, c. 3, s. 25; 1993, c. 19, s. 65.
Who may vote and where
121. (1) Subject to taking any oath or affidavit authorized by this Act to be required of him, every person whose name appears on an official list of electors shall be allowed to vote at the polling station on the list of electors for which his name appears.
Elector not allowed to vote
(2) Subject to subsections (2.1) and (2.2), an elector shall not be allowed to vote if the elector’s name does not appear on the official list of electors, unless
(a) the elector has obtained a transfer certificate pursuant to section 126 or 126.1 and fully complies with subsection 126(6);
(b) the deputy returning officer has ascertained with the returning officer that the elector either is listed on the preliminary list of electors or was in fact revised; or
(c) the elector has obtained a registration certificate in accordance with section 147 or 147.1.
Idem
(2.1) An elector referred to in paragraphs (2)(a) and (c) shall be allowed to vote only if the elector delivers the transfer certificate to the deputy returning officer.
Idem
(2.2) An elector referred to in paragraph (2)(b) shall be allowed to vote only if the elector has provided the deputy returning officer with satisfactory proof of the elector’s identity.
Procedure by poll clerk
(3) Where an elector whose name does not appear on the official list of electors has voted, the poll clerk shall indicate on the prescribed form that the elector has voted without the elector’s name being on the list.
Prescribed oaths only
(4) Subject to this Act, no oath shall be required of any person whose name is entered on the list of electors.
Voting more than once prohibited
(5) No elector shall, at an election, vote more than once in an electoral district or vote in more than one electoral district.
R.S. 1970, c. 14 (1st Supp.), s. 39; 1977-78, c. 3, s. 64; 1992, c. 21, s. 19; 1993, c. 19, s. 66; 1996, c. 35, s. 45.
Proof of identity
122. (1) A deputy returning officer, poll clerk, candidate or a 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.
Oath of elector
(2) A person may, instead of showing satisfactory proof of identity, take an oath in the form established by the Chief Electoral Officer.
Refusal to show proof of identity or take oath
(3) A person who refuses to show satisfactory proof of identity or to take an oath shall not be allowed to vote.
Improper varying of oath
(4) Where any deputy returning officer or poll clerk, presiding at a polling station, in administering to any person any oath mentions as a disqualification any fact or circumstance that is not a disqualification according to this Act, he is guilty of an illegal practice and of an offence.
R.S. 1970, c. 14 (1st Supp.), s. 40; 1977-78, c. 3, s. 64; 1993, c. 19, s. 67.
Elector refusing oath not entitled to vote
123. (1) No elector who has refused to take any oath or solemn affirmation or to answer any question, as required by this Act, shall receive a ballot paper, be admitted to vote or be again admitted to the polling place.
When elector refuses to take improper oath
(2) Where an elector is asked to take an oath or solemn affirmation not prescribed by this Act and he refuses, he may appeal to the returning officer, and if, after consultation with the deputy returning officer or the poll clerk of the appropriate polling station, the returning officer decides that the oath or solemn affirmation was not in fact prescribed by this Act, he shall direct that the elector be again admitted to the poll and that he be allowed to vote, if the elector is otherwise qualified to vote.
(3) [Repealed]
(4) [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 40; 1977-78, c. 3, s. 26; 1993, c. 19, s. 68.
Name and address corresponding closely to another
124. (1) Where there is contained in the official list of electors any name and address that correspond so closely with the name and address of a person by whom a ballot is demanded as to suggest that the entry in the official list of electors was intended to refer to him, the person is, on taking an oath in the prescribed form and complying in all other respects with the provisions of this Act, entitled to receive a ballot and to vote.
Entries
(2) In any case referred to in subsection (1), the name and address of the elector and the fact that the oath has been taken shall be correctly entered in the prescribed form.
R.S. 1970, c. 14 (1st Supp.), s. 41; 1977-78, c. 3, s. 27; 1993, c. 19, s. 69.
Duties of poll clerk
125. Each poll clerk shall
(a) make the entries on the prescribed form that the deputy returning officer, pursuant to this Act, directs;
(b) indicate on the prescribed form opposite the name of each elector, as soon as the elector’s ballot paper has been deposited in the ballot box, that the elector has voted;
(c) indicate on the prescribed form opposite the name of each elector whether the elector has shown proof of identity, whether the elector has taken an oath and, if an oath has been taken by the elector, the nature of the oath;
(d) indicate on the prescribed form opposite the name of each elector who has refused to show proof of identity, refused to take an oath when the elector has been legally required to do so or refused to answer questions that the elector has been legally required to answer, that the elector has refused to be sworn or refused to answer; and
(e) indicate on the prescribed form opposite the name of each elector readmitted on the direction of the returning officer that the elector has been readmitted and allowed to vote.
R.S. 1970, c. 14 (1st Supp.), s. 42; 1993, c. 19, s. 70.
ISSUE OF AND VOTING ON TRANSFER CERTIFICATE
126. (1) [Repealed]
(2) [Repealed]
Transfer certificate for candidate
(3) Any candidate whose name appears on the list of electors for any polling station is entitled at his request to receive a transfer certificate entitling him to vote in any specified polling station instead of the polling station set out on the list of electors for which his name appears.
Transfer certificates
(4) A returning officer or assistant returning officer may issue a transfer certificate entitling a person to vote at the polling station indicated in the certificate to any person whose name appears on the official list of electors and who has been appointed, after the last day of advance polls, to act as deputy returning officer or poll clerk for any polling station established in the electoral district other than the polling station at which the person is entitled to vote.
(5) [Repealed]
Entitlement to vote
(6) No transfer certificate issued to a deputy returning officer or poll clerk under this section entitles the person to vote pursuant to it unless, on polling day, the person is actually engaged in the performance of the duty specified in the certificate at the polling station mentioned in the certificate.
(7) [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 43; 1977-78, c. 3, s. 64; 1992, c. 21, s. 20; 1993, c. 19, s. 71.
Application for transfer certificate by disabled elector
126.1 (1) Where
(a) an elector whose name appears on the list of electors for a polling division at an election is a wheelchair user or by reason of any disability is unable to vote without difficulty at a polling station that is without level access, and
(b) the polling division in which the elector resides does not have a polling station with level access,
the elector may, before ten o’clock in the evening of the Friday immediately preceding polling day, apply, in the prescribed form, to the returning officer or assistant returning officer for the electoral district in which the elector is qualified to vote for a transfer certificate to vote at a polling station with level access in any other polling division in that electoral district.
Idem
(2) An application made pursuant to subsection (1) shall be signed by the elector and shall be delivered personally to the returning officer or assistant returning officer referred to in subsection (1) by the elector or by a friend or relative of the elector.
Issue of transfer certificate to disabled elector
(3) Where a returning officer or assistant returning officer referred to in subsection (1) receives an application for a transfer certificate from an elector in accordance with subsections (1) and (2), that officer shall, after satisfying himself or herself that
(a) the elector’s name appears on the list of electors for the electoral district referred to in subsection (1), and
(b) the polling division in which the elector resides does not have a polling station with level access,
complete and issue a transfer certificate, in the prescribed form, entitling the elector to vote at a polling station with level access in any other polling division in that electoral district, and hand the certificate to the person who delivered the application therefor to that officer.
1992, c. 21, s. 21.
127. [Repealed]
1977-78, c. 3, s. 28; 1992, c. 21, s. 22; 1993, c. 19, s. 72.
Signing, numbering and recording transfer certificate
128. (1) The returning officer or assistant returning officer by whom any transfer certificate is issued shall
(a) fill in and sign the certificate and mention thereon the date of its issue;
(b) consecutively number each certificate in the order of its issue;
(c) keep a record of each certificate in the order of its issue on the form prescribed by the Chief Electoral Officer;
(d) not issue any such certificate in blank; and
(e) where possible, send a copy of the certificate to the deputy returning officer for the polling station on the list for which appears the name of the person to whom the certificate has been issued.
Recording the transfer certificate
(2) In every case of a vote polled under the authority of section 126 or 126.1, the poll clerk shall enter on the prescribed form, opposite the elector’s name, a memorandum stating that the elector voted under a transfer certificate and giving the number of the certificate.
R.S. 1970, c. 14 (1st Supp.), s. 43; 1977-78, c. 3, s. 28; 1992, c. 21, s. 23; 1993, c. 19, s. 73.
SECRECY
Secrecy during and after poll
129. (1) Every candidate, officer, clerk, agent or other person in attendance at a polling station or at the counting of the votes shall maintain and aid in maintaining the secrecy of the voting, and no candidate, officer, clerk, agent or other person shall,
(a) at the polling station, interfere with, or attempt to interfere with, an elector when marking his ballot paper, or otherwise attempt to obtain information with respect to the candidate for whom any elector is about to vote or has voted;
(b) at the counting of the votes, attempt to ascertain the number on the counterfoil of any ballot paper;
(c) at any time, communicate any information with respect to the manner in which any ballot paper has been marked in his presence in the polling station;
(d) at any time or place, directly or indirectly, induce or endeavour to induce any voter to show his ballot paper after he has marked it, so as to make known to any person the name of the candidate for or against whom he has so cast his vote;
(e) at any time, communicate to any person any information obtained at a polling station with respect to the candidate for whom any elector at the polling station is about to vote or has voted; or
(f) at the counting of the votes, attempt to obtain any information or communicate any information obtained at the counting with respect to the candidate for whom any vote is given in any particular ballot paper.
Secrecy at the poll
(2) Except as provided by this Act, no elector shall
(a) on entering the polling station and before receiving a ballot paper, openly declare for whom he intends to vote;
(b) show his ballot paper, when marked, so as to allow the name of the candidate for whom he has voted to be known; or
(c) before leaving the polling station, openly declare for whom he has voted.
Offence
(3) Every person is guilty of an illegal practice and of an offence who contravenes or fails to observe any provision of this section.
Procedure in case of contravention of secrecy at the polls
(4) It is the duty of each deputy returning officer to draw the attention of any elector who has contravened subsection (2) to the offence that he has committed and to the punishment to which he has rendered himself liable, but the elector shall nevertheless be allowed to vote in the usual way.
R.S. 1970, c. 14 (1st Supp.), s. 44; 1992, c. 21, s. 24.
Ballot secret
129.1 The vote is secret.
1993, c. 19, s. 74.
MANNER OF VOTING
Delivery of ballot paper to elector
130. (1) Voting shall be by ballot, and each elector shall receive from the deputy returning officer a ballot paper, on the back of which that officer has, as prescribed by subsections 117(2) to (4), affixed his initials, so placed, as indicated on the back of Form 3, that when the ballot paper is folded the initials can be seen without unfolding the ballot paper.
Instructions to elector on receiving ballot paper
(2) The deputy returning officer shall instruct each elector how and where to affix his mark, shall properly fold the elector’s ballot paper and shall direct the elector to return the ballot paper when marked and folded as directed.
Prohibition
(3) No deputy returning officer shall inquire or see for whom the elector intends to vote, except when the elector is unable to vote in the manner prescribed by this Act because the elector is unable to read or is disabled.
R.S. 1970, c. 14 (1st Supp.), s. 45; 1977-78, c. 3, s. 29; 1992, c. 21, s. 25.
Voting procedure
131. (1) An elector, before receiving a ballot paper from the deputy returning officer, shall give his name and address
(a) to the deputy returning officer and poll clerk; and
(b) on request, to an agent of a candidate.
(2) [Repealed]
(3) [Repealed]
Idem
(4) When an elector has been given a ballot paper, no one shall require the elector to show proof of identity or take an oath.
R.S. 1970, c. 14 (1st Supp.), s. 45; 1977-78, c. 3, s. 29, 64; 1993, c. 19, s. 75.
Manner of voting
132. (1) An elector shall, after receiving a ballot,
(a) proceed directly to the voting compartment;
(b) use the pencil provided, or any other pencil or pen, to make a cross, or other mark that clearly indicates the elector’s choice, in the circular space provided on the ballot opposite the name of the candidate;
(c) fold the ballot as instructed by the deputy returning officer so that the initials on the back of the folded ballot and the serial number on the back of the stub are visible without unfolding the ballot; and
(d) return the ballot to the deputy returning officer.
Idem
(2) The deputy returning officer shall, on receiving the ballot from the elector,
(a) without unfolding the ballot, verify that it is the same one that was handed to the elector by examining the initials and serial number on the back of the ballot;
(b) remove and destroy the counterfoil in full view of the elector and all other persons present; and
(c) return the ballot to the elector who deposits it in the ballot box or, if the elector so requests, the deputy returning officer shall deposit the ballot in the ballot box.
Recording of printed serial number an offence
(3) Every person who makes any written record of the printed serial number appearing on the back of the counterfoil of a ballot paper is guilty of an offence.
R.S. 1970, c. 14 (1st Supp.), s. 45; 1993, c. 19, s. 76.
Spoiled ballot paper
133. An elector who has inadvertently dealt with the ballot paper delivered to him in such a manner that it cannot conveniently be used shall return it to the deputy returning officer who shall
(a) deface it in such a manner as to render it a spoiled ballot; and
(b) deliver another ballot paper to the elector.
R.S. 1970, c. 14 (1st Supp.), s. 45.
Entitlement to receive one replacement ballot paper
133.1 An elector is entitled to receive another ballot paper pursuant to section 133 on not more than one occasion.
1993, c. 19, s. 77.
Elector in whose name another has voted
134. (1) Subject to all other provisions of this Act as to proof of qualification as an elector and the administration of oaths, if a person representing himself to be a particular elector applies for a ballot paper after another person has voted as that person, he shall be entitled to receive a ballot paper and to vote after taking the oath of identity, in the prescribed form, and otherwise establishing his identity to the satisfaction of the deputy returning officer.
Entry
(2) In any case referred to in subsection (1), the poll clerk shall enter on the prescribed form, opposite the name of the elector,
(a) a note of his having voted on a second ballot paper issued under the same name;
(b) the fact of the oath of identity having been taken, and the fact of any other oath being required and taken; and
(c) any objections made on behalf of any and of which of the candidates.
R.S. 1970, c. 14 (1st Supp.), s. 45; 1977-78, c. 3, s. 64; 1993, c. 19, s. 78.
Assistance by deputy returning officer
135. If an elector is unable to vote in the manner prescribed by this Act because the elector is unable to read or is disabled, the deputy returning officer shall, on application of the elector, in the presence of the poll clerk, assist the elector by such means as will enable the elector to vote.
R.S. 1970, c. 14 (1st Supp.), s. 45; 1977-78, c. 3, s. 64; 1992, c. 21, s. 26.
Template
135.1 If a disabled elector so requests, the deputy returning officer shall provide the elector with a template to assist the elector in marking the elector’s ballot paper.
1992, c. 21, s. 26.
Assistance by friend or relative
135.2 (1) If an elector requires assistance to vote, a friend or relative may accompany the elector into the voting compartment and assist the elector to mark the elector’s ballot paper.
Exception
(2) No person shall as a friend assist more than one elector for the purpose of marking a ballot paper.
Oath
(3) A friend or relative who wishes to assist an elector in marking a ballot paper shall first take an oath, in the prescribed form, that the person
(a) will mark the ballot paper in the manner directed by the elector;
(b) will keep the choice of the elector secret;
(c) will not try to influence the elector in choosing a candidate; and
(d) has not assisted, during the current election, another person, who is not a relative, to mark a ballot paper.
1992, c. 21, s. 26.
Interpreter to be sworn
136. Where a deputy returning officer does not understand the language spoken by an elector or wishes to communicate with an elector who has a disability but finds it difficult to do so by reason of the elector’s disability, that officer shall, wherever possible, appoint and swear an interpreter or other person to assist that officer in communicating with the elector, and that interpreter or other person shall be the means of communication between that officer and the elector with reference to all matters required to enable the elector to vote.
R.S. 1970, c. 14 (1st Supp.), s. 45; 1977-78, c. 3, s. 29; 1992, c. 21, s. 26.
No delay in voting
137. (1) Every elector shall vote without undue delay and shall leave the polling station as soon as his ballot paper has been put into the ballot box.
Electors present at hour of close of poll allowed to vote
(2) If at the hour of closing of the poll there are any electors in the polling station, or in line at the door, who are qualified to vote and have not been able to do so since their arrival at the polling station, the poll shall be kept open a sufficient time to enable them to vote before the outer door of the polling station is closed, but no person who is not actually present at the poll at the hour of closing shall be allowed to vote, even if the poll is still open when he arrives.
R.S. 1970, c. 14 (1st Supp.), s. 45.
Voting by qualified elector who is confined to bed in a sanatorium, etc.
138. (1) Where a polling station has been established in a sanatorium, a home for the aged, a chronic hospital or a similar institution for the care and treatment of tuberculosis or other chronic diseases, the deputy returning officer and the poll clerk shall, while the poll is open on polling day and when deemed necessary by the deputy returning officer,
(a) suspend temporarily the voting in the polling station; and
(b) with the approval of the person in charge of the institution, carry the ballot box, ballot papers and other necessary election documents from room to room in the institution to take the votes of patients who are
(i) confined to bed,
(ii) ordinarily resident in the polling division in which the institution is situated, and
(iii) otherwise qualified as electors.
Procedure for taking the votes of patients confined to bed
(2) The procedure to be followed in taking the votes of patients who are confined to bed shall be the same as that prescribed for an ordinary polling station, except that
(a) not more than one agent of each candidate shall be present at the taking of their votes; and
(b) the deputy returning officer shall give the patients such assistance as may be necessary, in accordance with section 135.
R.S. 1970, c. 14 (1st Supp.), s. 45; 1992, c. 21, s. 27; 1993, c. 19, s. 79.
139. [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 46; 1977-78, c. 3, s. 30, 64; 1993, c. 19, s. 80.
140. [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 46; 1977-78, c. 3, s. 30, 64; 1993, c. 19, s. 80.
141. [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 46; 1993, c. 19, s. 80.
142. [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 46; 1977-78, c. 3, s. 64; 1993, c. 19, s. 80.
143. [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 46; 1977-78, c. 3, s. 64; 1993, c. 19, s. 80.
144. [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 46; 1993, c. 19, s. 80.
145. [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 46; 1993, c. 19, s. 80.
146. [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 46; 1993, c. 19, s. 80.
POLLING DAY REGISTRATION
Rural polling division
147. (1) Every elector in a rural polling division whose name is not on the list of electors may register in person on polling day before the deputy returning officer in the polling station where the elector is qualified to vote.
Conditions
(2) An elector referred to in subsection (1) is not entitled to register unless
(a) an elector who ordinarily resides in the same polling division as the elector and whose name appears on the list of electors attends with the elector at the polling station and vouches for the elector under oath in the prescribed form and the elector also takes an oath in the prescribed form; or
(b) the elector provides proof of the elector’s identity and address by documents of a class determined by the Chief Electoral Officer.
Registration certificate
(3) Where the elector satisfies the requirements of subsection (2), the deputy returning officer shall complete a registration certificate in the prescribed form and the elector shall sign it.
Entry
(4) The deputy returning officer shall indicate on the prescribed form the names of the electors who are permitted to vote pursuant to this section.
Illegal vouching an offence
(5) Every elector is guilty of an illegal practice and of an offence who vouches for an applicant elector knowing that the applicant is for any reason disqualified from voting in the polling division at the election.
R.S. 1970, c. 14 (1st Supp.), s. 47; 1977-78, c. 3, s. 64; 1993, c. 19, s. 80.
Urban polling division
147.1 (1) The returning officer shall establish one or more registration offices in urban areas of the electoral district, in accordance with the instructions of the Chief Electoral Officer.
Appointment of registration officers
(2) A returning officer shall appoint, for each registration office, 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
(2.1) Before appointing registration officers, the returning officer shall solicit the 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 seventeenth day before polling day. If, by that time, sufficient names are not provided by those candidates, the returning officer may solicit names from other sources.
Equal distribution
(2.2) A returning officer shall, as far as possible, appoint one half of the registration officers from among the persons nominated by the candidate of the registered party whose candidate finished first in the last election in the electoral district, and one half from among the persons nominated by the candidate of the registered party whose candidate finished second in that election.
Oath
(2.3) Each registration officer shall take an oath in the prescribed form before beginning his or her duties.
Registration
(3) Every elector whose name is not on the list of electors may, at the registration office on polling day, register in person before a registration officer.
Proof required
(4) For the purposes of subsection (3), the elector shall supply the revising officer with proof of the elector’s identity and address by documents of a class determined by the Chief Electoral Officer.
Representative of each candidate
(5) The registration officer shall permit one representative of each candidate in the electoral district to be present in the registration office.
Registration certificate
(6) Where the elector satisfies the requirements of subsection (4), the registration officer shall give the elector a registration certificate in the prescribed form, which authorizes the elector to vote at the polling station that is established in the polling division where the elector ordinarily resides, and the elector shall sign it.
Idem
(7) Before being admitted to vote, the elector shall give the deputy returning officer the registration certificate.
Entry
(8) The deputy returning officer shall indicate on the prescribed form the names of the electors who are permitted to vote pursuant to this section.
1993, c. 19, s. 80; 1996, c. 35, s. 46.
List deemed to be modified
147.2 Where a registration certificate is delivered in accordance with section 147 or 147.1, the list of electors is deemed, for the purposes of this Act, to have been modified in accordance with the certificate.
1993, c. 19, s. 80.
PEACE AND GOOD ORDER AT ELECTIONS
Powers of returning officer, deputy and supervisor
151. Every returning officer, during an election, and every deputy returning officer and central poll supervisor, during the hours that the polls are open, is responsible for the maintenance of the peace and has all the powers appertaining to a justice of the peace, and may
(a) require the assistance of justices of the peace, constables or other persons present to aid the returning officer, the deputy returning officer or the central poll supervisor in maintaining peace and good order at the election;
(b) arrest or cause by verbal order to be arrested, and place or cause to be placed in the custody of any constables or other persons, any person disturbing the peace and good order at the election; and
(c) cause any arrested person to be imprisoned under an order signed by the returning officer, the deputy returning officer or the central poll supervisor until an hour not later than the close of the poll.
R.S. 1970, c. 14 (1st Supp.), s. 49; 1993, c. 19, s. 81.
Summary proceedings in case of personation, etc.
152. (1) Where a person is charged at a polling station with having committed or attempted to commit the offence of personation, or having voted or attempted to vote knowing that the person was for any reason disqualified or not qualified to vote at the election, the deputy returning officer at the polling station, if requested to do so by the poll clerk or an agent representing a candidate, shall take the information on oath of the person making the charge in the form of information prescribed for that charge.
Detention of alleged personator
(2) Where the person against whom it is proposed to lay an information has not left the polling station, the deputy returning officer shall, either on his own motion or at the request of any one proposing forthwith to lay an information, detain or direct the detention of the person until a written information can be drawn up.
Warrant of arrest
(3) On receiving an information, the deputy returning officer shall, on polling day, but not afterwards, issue his warrant, in the prescribed form of warrant that is applicable to the charge set out in the information, for the arrest of the person charged, in order that he may be brought before the magistrate, or one of the magistrates therein named, to answer to the information and to be further dealt with according to law.
Execution of warrant
(4) A warrant issued pursuant to subsection (3) is sufficient authority for any peace officer, as defined by the Criminal Code, to detain the person named in the warrant until he is brought before the magistrate named therein.
If name of alleged personator is unknown
(5) Where the correct name of the person charged pursuant to this section is unknown to the informant, it is sufficient, in the information and other proceedings,
(a) to describe the person charged as a person whose name is to the informant unknown but who is detained under the order of the deputy returning officer, or
(b) to describe the person charged in such other manner as will suitably identify him,
and, when the name of the person so charged is ascertained, it shall be stated in any subsequent warrant or proceeding.
R.S. 1970, c. 14 (1st Supp.), s. 49; 1977-78, c. 3, s. 64; R.S. 1985, c. 27 (1st Supp.), s. 203; 1993, c. 19, s. 82.
Constables in cases of personation
153. (1) Every poll clerk has the authority of a constable for the purpose of carrying out the provisions of this Act respecting summary proceedings in cases of personation.
Special constables
(2) Every deputy returning officer shall appoint such special constables as he deems necessary for the purpose set out in subsection (1), and every special constable who is so appointed has full power to act without taking any oath.
Jurisdiction of magistrate
(3) The magistrate named in any warrant issued under subsection 152(3) shall be one having jurisdiction under that part of the Criminal Code relating to the summary trial of indictable offences and shall be the nearest magistrate available in the county or judicial district.
Application of Criminal Code
(4) The provisions of the Criminal Code referred to in subsection (3) apply to all proceedings under this Act, against any person accused of personation under section 152.
R.S. 1970, c. 14 (1st Supp.), s. 49; R.S. 1985, c. 27 (1st Supp.), s. 203.
Appointment of information officer and a person responsible for maintaining order
154. Where a returning officer establishes a central polling place pursuant to subsection 106(1), the returning officer may, with the approval of the Chief Electoral Officer, appoint an information officer to provide information to the electors and a person responsible for maintaining order.
R.S. 1970, c. 14 (1st Supp.), s. 49; 1977-78, c. 3, s. 32; 1993, c. 19, s. 83.
155. [Repealed]
1977-78, c. 3, s. 32; 1993, c. 19, s. 84.
Offensive weapon
156. No person shall enter the office of a returning officer, a registration office, a revisal office or any polling station with any offensive weapon unless called on to do so by lawful authority.
R.S. 1970, c. 14 (1st Supp.), s. 50; 1977-78, c. 3, s. 33; 1993, c. 19, s. 85; 1996, c. 35, s. 47.
Loudspeakers prohibited on polling day
157. No person shall, on any polling day, for the purpose of promoting or opposing any registered party or the election of any candidate, use any public address system or any loudspeaking device on any automobile, truck or other vehicle or within hearing distance of any polling station.
R.S. 1970, c. 14 (1st Supp.), s. 50; 1980-81-82-83, c. 164, s. 7.
Emblems, etc., prohibited in polling station
158. (1) No person shall
(a) post or display on or in a polling station or in a hall, window or door of a polling station any campaign literature, emblem, ensign, badge, label, ribbon, flag, banner, card, bill, poster or device that could be taken as an indication of support for or opposition to a candidate or a registered party;
(b) while in a polling station, display on his person any emblem, ensign, badge, label, ribbon, flag, banner, card or device as a badge to distinguish the wearer as a supporter of any candidate or registered party or of the political or other opinions entertained, or supposed to be entertained, by the candidate or registered party; and
(c) in a polling station or in any place where voting at an election is taking place, influence electors to vote for any candidate or to refrain from voting.
Exception
(2) Notwithstanding subsection (1), where a person is an agent of a candidate, that person may in a polling station display on his person, in such form as the Chief Electoral Officer may prescribe, a badge identifying his function, the name of the party that his candidate represents or, if the candidate he represents is without party affiliation, the independent status of that candidate.
R.S. 1970, c. 14 (1st Supp.), s. 50; 1980-81-82-83, c. 164, s. 7; 1993, c. 19, s. 86.
Powers of deputy returning officer
159. (1) A deputy returning officer may eject from a polling station any person who, in his opinion, contravenes any of the provisions of sections 156 to 158 and may cause to be removed from a polling station any material used, in his opinion, in contravention of any of those provisions.
Offence
(2) Every person who contravenes or fails to observe any of the provisions of sections 156 to 158 is guilty of an offence.
R.S. 1970, c. 14 (1st Supp.), s. 50; 1980-81-82-83, c. 164, s. 7.
COUNTING AND REPORTING THE VOTES
Counting the votes by the deputy returning officer
160. (1) Immediately after the close of the poll, in the presence and in full view of the poll clerk and the candidates or their agents, or, if the candidates or any of them are absent, in the presence of those candidates that are present, and of at least two electors if none of the candidates are represented, the deputy returning officer shall, in the following order,
(a) count the number of electors who have voted, make an entry on the line immediately below the name of the last elector on the list that states, "The number of electors who voted at this election in this polling station is (stating the number)", and sign the list;
(b) count the spoiled ballot papers, if any, place them in the special envelope supplied for that purpose, indicate thereon the number of spoiled ballot papers and seal it up;
(c) count the unused ballot papers undetached from the books of ballot papers, place them with all the stubs of all used ballot papers in the special envelope supplied for that purpose and indicate thereon the number of unused ballot papers;
(d) check the number of ballot papers supplied by the returning officer against the number of spoiled ballot papers, if any, the number of unused ballot papers and the number of electors from the list indicated as having voted, in order to ascertain that all ballot papers are accounted for;
(e) open the ballot box and empty its contents on a table; and
(f) count the number of votes given to each candidate on one of the tally sheets supplied, giving full opportunity to those present to examine each ballot paper.
Additional tally sheets
(2) The poll clerk and as many as three witnesses shall be supplied with a tally sheet on which they may keep their own score as each vote is called out by the deputy returning officer.
R.S. 1970, c. 14 (1st Supp.), s. 51; 1993, c. 19, s. 87.
Rejection of ballots
161. (1) In counting the votes, the deputy returning officer shall reject all ballot papers
(a) that have not been supplied by him;
(b) that have not been marked for any candidate;
(c) on which votes have been given for more than one candidate;
(d) that have not been marked in the small circular space, on which the natural colour of the paper appears, at the right of the name of a candidate; or
(e) on which there is any writing or mark by which the elector could be identified.
Limitation
(2) No ballot paper shall be rejected pursuant to subsection (1) by reason only that
(a) it has on it any writing, number or mark placed thereon by any deputy returning officer; or
(b) it has been marked with a writing instrument other than a black lead pencil or with a mark other than a cross, if the mark does not constitute identification of the elector.
Counterfoils remaining attached
(3) Where, in the course of counting the votes, any ballot paper is found with the counterfoil still attached thereto, the deputy returning officer shall, while carefully concealing the number thereon from all persons present and without examining it himself, remove and destroy the counterfoil.
Idem
(4) A deputy returning officer shall not reject a ballot paper merely by reason of his former failure to remove the counterfoil.
Penalty
(5) Nothing in this section relieves a deputy returning officer from any penalty to which he may have become liable by reason of his failure to remove and destroy a counterfoil at the time of the casting of the vote to which it relates.
R.S. 1970, c. 14 (1st Supp.), s. 51.
Ballots not initialled by deputy returning officer
162. (1) Where, in the course of counting the votes, a deputy returning officer discovers that he has omitted to affix his initials to the back of any ballot paper, as required by subsections 117(2) to (4) and 130(1) and as indicated on Form 3, he shall, in the presence of the poll clerk and the agents of the candidates, affix his initials to the ballot paper and count the ballot paper as if it had been initialled in the first place, if he is satisfied that
(a) the ballot paper is one that has been supplied by him;
(b) an omission has really been made; and
(c) every ballot paper supplied to him by the returning officer has been accounted for, as required by paragraph 160(1)(d).
Penalty
(2) Nothing in subsection (1) relieves a deputy returning officer from any penalty to which he may have become liable by reason of his failure to affix his initials on the back of any ballot paper before handing it to an elector.
R.S. 1970, c. 14 (1st Supp.), s. 51; 1977-78, c. 3, s. 34.
Objections to ballot papers
163. (1) Each deputy returning officer shall
(a) keep a record, on the prescribed form, of every objection made by any candidate or the candidate’s agent, to any ballot paper found in the ballot box;
(b) decide every question arising out of the objection.
Decision final subject to reversal
(2) The decision of a deputy returning officer pursuant to subsection (1) is final, subject to reversal on recount or on petition questioning the election or return.
Objection to be numbered
(3) Every objection shall be numbered and a corresponding number placed on the back of the ballot paper and initialled by the deputy returning officer.
R.S. 1970, c. 14 (1st Supp.), s. 51; 1993, c. 19, s. 88.
Disposition of ballot papers
164. (1) All ballot papers that are not rejected by a deputy returning officer shall be counted and a list kept of the number of votes given to each candidate and of the number of rejected ballot papers as follows:
(a) ballot papers that respectively indicate the votes given for each candidate shall be put into separate envelopes;
(b) all rejected ballot papers shall be put into a special envelope;
(c) all envelopes referred to in paragraphs (a) and (b) shall be endorsed so as to indicate their contents and shall be sealed by the deputy returning officer; and
(d) the deputy returning officer and the poll clerk shall affix their signatures to the seal and such agents or witnesses present as may desire to do so may sign their names thereon.
(2) [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 51; 1977-78, c. 3, s. 64; 1992, c. 1, s. 143; 1993, c. 19, s. 89.
Statement of the poll by deputy
165. (1) Each deputy returning officer shall make the necessary number of copies of the statement of the poll in the prescribed form as follows:
(a) one copy shall be delivered to the returning officer with the ballot box;
(b) one copy, for the returning officer, shall be enclosed in a special envelope supplied for the purpose, sealed by the deputy returning officer and deposited separately in the ballot box; and
(c) one copy shall be delivered to each of the candidate’s agents present at the count.
Documents to be enclosed in ballot box
(2) The envelopes containing the unused, rejected or spoiled ballot papers, or those counted for each candidate, each lot in its proper envelope, the envelope containing the official list of electors and other documents used at the poll shall be placed in the large envelope supplied for the purpose, which shall be immediately sealed and placed in the ballot box with, but not enclosing, the envelope containing the statement of the poll prepared for the returning officer and referred to in subsection (1) and the envelope containing the registration certificates.
Sealing ballot box
(3) The ballot box is to be sealed with the seals prescribed by the Chief Electoral Officer for the use of the deputy returning officer and forthwith transmitted to the returning officer.
R.S. 1970, c. 14 (1st Supp.), s. 51; 1977-78, c. 3, s. 34, 64; 1993, c. 19, s. 90.
Collection of ballot boxes
166. (1) A returning officer may appoint one or more persons for the purpose of collecting the ballot boxes from a given number of polling stations, and each person shall, on delivering the ballot boxes to the returning officer, subscribe to an oath in the prescribed form.
Transmission of statements to candidates
(2) The returning officer shall, on request therefor, transmit to each candidate one copy of each statement of the poll referred to in subsection 165(1).
(3) [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 51; 1977-78, c. 3, s. 64; 1980-81-82-83, c. 54, s. 56; 1993, c. 19, s. 91.
Penalty for failure to enclose necessary documents
167. (1) Where any deputy returning officer omits to enclose within a ballot box, and in the proper envelopes provided for that purpose, any of the documents referred to in sections 160 to 166, he shall, in addition to any other punishment to which he may be liable, forfeit all right to payment for his services as deputy returning officer.
Idem
(2) A returning officer shall not issue a cheque in payment of the services of a deputy returning officer if it appears that an omission referred to in subsection (1) was made by the deputy returning officer by reason of any want of good faith.
R.S. 1970, c. 14 (1st Supp.), s. 51; 1993, c. 19, s. 92.
COMMUNICATION OF VOTE UNDER SPECIAL VOTING RULES
Communication of vote
168. (1) The Chief Electoral Officer shall, on or as soon as possible after the closing of the polls at an election, inform the returning officer of each electoral district in which a poll has been granted of the number of votes cast for each candidate in the electoral district and the number of ballots rejected in relation to the electoral district pursuant to the Special Voting Rules set out in Schedule II.
Release of information
(2) The returning officer, on receipt from the Chief Electoral Officer of the information respecting the number of votes cast for each candidate pursuant to the Special Voting Rules, shall release that information as being the result of the votes cast under the Special Voting Rules.
R.S. 1970, c. 14 (1st Supp.), s. 52; 1993, c. 19, s. 93.
PROCEEDINGS OF RETURNING OFFICER AFTER RETURN OF BALLOT BOXES
Safe-keeping of ballot boxes
169. (1) A returning officer, on the receipt of each ballot box, shall
(a) take every precaution for its safe-keeping and for preventing any person other than himself and his assistant returning officer from having access thereto;
(b) examine the seals affixed to each ballot box by a deputy returning officer, pursuant to subsection 165(3);
(c) if a seal is not in good order, affix a new seal; and
(d) record the condition of the seals required to be affixed by the deputy returning officer to the ballot box.
Opening of ballot boxes and official addition of votes
(2) After all the ballot boxes have been received, the returning officer shall, at the place, day and hour fixed in the proclamation issued by him pursuant to subsection 73(1) for the official addition of the votes and in the presence of the assistant returning officer and of such of the candidates or their representatives as attend the proceedings, open the ballot boxes and from
(a) the official statements of the poll contained in the ballot boxes, and
(b) the information communicated to him pursuant to section 168,
officially add up the number of votes cast for each candidate.
Attendance of electors in certain cases
(3) Where, at the official addition of the votes pursuant to subsection (2), none of the candidates or their representatives are present, it is the duty of the returning officer to secure the presence of at least two electors who shall remain in attendance until the official addition of the votes has been completed.
Special power of returning officer when statement of poll is missing
(4) Where any ballot box does not appear to contain a statement of the poll, either loose or in its separate envelope as required by subsection 165(1), the returning officer may, for the purpose of finding a statement of the poll, open the large envelope found in the ballot box and appearing to contain miscellaneous papers and, on so doing, shall place all the papers, other than the statement of the poll, if found, in a special large envelope which shall be sealed and duly endorsed by him.
Limitation
(5) Nothing in subsection (4) authorizes the opening of any envelope that appears to contain only ballot papers cast for the various candidates, but, in the absence of other information, the endorsements on those envelopes may be adopted as indicating the result of the poll at the polling station in question.
R.S. 1970, c. 14 (1st Supp.), s. 53; 1993, c. 19, s. 94.
Certificate of votes cast
170. Forthwith after the official addition of the votes, the returning officer shall
(a) prepare his certificate in writing, in the form prescribed by the Chief Electoral Officer, showing the number of votes cast for each candidate; and
(b) deliver forthwith a copy of the certificate to each candidate or each candidate’s representative.
R.S. 1970, c. 14 (1st Supp.), s. 53; 1993, c. 19, s. 95.
Application for recount by returning officer
171. (1) Where, on the official addition of the votes,
(a) there is an equality of votes between two or more candidates and an additional vote for one of those candidates would enable one of those candidates to be declared as having obtained the largest number of votes, or
(b) the number of votes separating the candidate receiving the highest number of votes and any other candidate is less than one one-thousandth of the votes cast,
the returning officer shall
(c) apply for a recount to a judge to whom an application could be made pursuant to section 177, and
(d) give written notice to each candidate at the election or his official agent of the application for a recount.
Procedure
(2) Sections 176 to 188, except those provisions that relate to a deposit or to costs, apply, with such modifications as the circumstances require, to an application under subsection (1).
Reimbursement
(3) Where a recount of votes is made by a judge pursuant to subsection (1) or where the results of any other recounts are such that the number of votes separating the candidate who obtained the highest number of votes and any other candidate is less than one-one thousandth of the votes cast, a candidate may make an application to the Chief Electoral Officer for reimbursement of the costs actually and reasonably incurred by the candidate in respect of the recount and on receipt of this application, the Chief Electoral Officer shall determine the amount of the costs actually and reasonably incurred by the candidate.
Idem
(4) An application made under subsection (3) shall set out the amount and nature of the costs actually and reasonably incurred by the candidate with respect to the recount.
Idem
(5) The Receiver General, on receipt of a certificate from the Chief Electoral Officer showing the amount of costs actually and reasonably incurred by a candidate, as determined by the Chief Electoral Officer pursuant to subsection (3), shall pay out of the Consolidated Revenue Fund to the candidate to whom the certificate relates the lesser of that amount and five hundred dollars for each day or part thereof that the Chief Electoral Officer certifies in the certificate was a day on which the judge was actually engaged in carrying out the recount.
R.S. 1970, c. 14 (1st Supp.), s. 53; 1977-78, c. 3, s. 35; 1993, c. 19, s. 96.
Adjournment if ballot boxes or information not received
172. (1) Where, on the day fixed for the official addition of the votes, a returning officer has not received all the ballot boxes or the information required by section 168 to be communicated to him, he shall adjourn the proceedings for a period not exceeding seven days.
Adjournment for other causes
(2) Where
(a) the statement of the poll for any polling station cannot be found and the number of votes cast thereat for the several candidates cannot be ascertained, or
(b) for any other cause, the returning officer cannot, at the day and hour appointed by him for that purpose, ascertain the exact number of votes cast for each candidate,
the returning officer may thereupon adjourn to a future day and hour the official addition of the votes, and so from time to time, except that the aggregate of those adjournments shall not exceed two weeks.
R.S. 1970, c. 14 (1st Supp.), s. 54.
Provision in case of loss of ballot boxes
173. (1) Where any ballot boxes have been destroyed or lost or, for any other reason, are not forthcoming within the time fixed by this Act, the returning officer shall ascertain the cause of the disappearance of the ballot boxes and obtain from each of the deputy returning officers whose ballot boxes are missing, or from any other persons having them, a copy of the statement of the poll furnished to the candidates or their agents, as required by this Act, the whole verified on oath.
If statement of the poll cannot be obtained
(2) Where a statement of the poll or copies thereof cannot be obtained, the returning officer
(a) shall ascertain, by such evidence as he is able to obtain, the total number of votes given to each candidate at the several polling stations;
(b) for that purpose, may summon any deputy returning officer, poll clerk or other person to appear before him at a day and hour to be named by him, and to bring all necessary papers and documents with him, of which day and hour and of the intended proceedings the candidates shall have notice; and
(c) may examine on oath the deputy returning officer, poll clerk or other person respecting the matter in question.
Duty of returning officer if statement not in ballot box
(3) In the case of an adjournment by reason of any deputy returning officer not having placed in the ballot box a statement of the poll, the returning officer shall, in the meantime, use all reasonable efforts to ascertain the exact number of votes given for each candidate in the polling station of the deputy returning officer and, to that end, has the powers set out in subsection (2).
Declaration of name of candidate who has obtained largest number of votes
(4) In any case arising under subsection (1), (2) or (3), the returning officer shall declare the name of the candidate appearing to have obtained the largest number of votes, and shall mention specially, in a report to be sent to the Chief Electoral Officer with the return to the writ, the circumstances accompanying the disappearance of the ballot boxes or the want of any statement of the poll, and the mode by which he ascertained the number of votes cast for each candidate.
R.S. 1970, c. 14 (1st Supp.), s. 54.
Offence
174. Every person is guilty of an offence who refuses or neglects to attend on the summons of a returning officer issued under this Act in any case where ballot boxes are not forthcoming and it is necessary to ascertain by evidence the total number of votes given to each candidate at a polling station.
R.S. 1970, c. 14 (1st Supp.), s. 54.
Ballot boxes
175. After the close of an election, each returning officer shall deal with ballot boxes as instructed by the Chief Electoral Officer.
R.S. 1970, c. 14 (1st Supp.), s. 55; 1993, c. 19, s. 97.
RECOUNT BY JUDGE
Meaning of "judge"
176. (1) The judge to whom an application under section 177 may be made shall be the judge, as defined in the definition "judge" in section 2, within whose judicial district is situated the place where the official addition of the votes was held, the judge acting for that judge pursuant to paragraph (i) of that definition or a judge designated by the Minister of Justice under that paragraph.
Powers of judge
(2) Any judge who is authorized by sections 177 to 185 to act may act, to the extent so authorized, either within or outside his judicial district.
R.S. 1970, c. 14 (1st Supp.), s. 56.
Application to a judge for recount
177. Where, within four days after the date on which a returning officer has declared the name of the candidate who has obtained the largest number of votes,
(a) it is made to appear to a judge, on the affidavit of a credible witness, that
(i) a deputy returning officer in counting the votes has improperly counted or improperly rejected any ballot papers or has made an incorrect statement of the number of votes cast for any candidate, or
(ii) the returning officer has improperly added up the votes, and
(b) the applicant deposits with the clerk or prothonotary of the court to which the judge belongs the sum of two hundred and fifty dollars in legal tender or a certified cheque for that amount as security for the costs of the candidate who has obtained the largest number of votes,
the judge shall appoint a time to recount the votes, which time shall, subject to section 178, be within four days after his receipt of the affidavit.
R.S. 1970, c. 14 (1st Supp.), s. 56.
Procedure when applications for recount in two or more districts are made
178. Where applications for recounts of the votes in respect of two or more electoral districts are made under section 177 to the same judge, the judge shall
(a) proceed with the recounts in the order in which applications are made to him; and
(b) subject to subsection 182(1), proceed continuously from day to day until the last recount has been completed.
R.S. 1970, c. 14 (1st Supp.), s. 56.
Notice and service
179. (1) The judge to whom an application for a recount is made shall appoint and give written notice to the candidates or their agents of a time and place at which he will proceed to recount the votes and may, at the time of the application or afterwards, decide and announce that service of the notice will be substitutional, by mail or posting or in any other manner.
Order of judge to returning officer
(2) The judge to whom an application for a recount is made shall summon the returning officer to attend at the time and place appointed pursuant to subsection (1) with the envelopes containing the used and counted, unused, rejected and spoiled ballot papers, or the original statements of the poll signed by the deputy returning officers, as the case may be, that are relevant to the recount that is to take place.
Duty of returning officer
(3) A returning officer shall obey a summons issued pursuant to subsection (2) and shall attend throughout the proceedings, at which proceedings each candidate is entitled to be present and to be represented by not more than three agents appointed to attend.
If candidate not represented, authority of judge
(4) Where any candidate is not present or represented at a recount held pursuant to this section and sections 177, 178 and 180 to 184, any three electors who may demand to attend in his behalf are entitled to attend, but, except with the permission of the judge, no other person shall be present at the recount.
R.S. 1970, c. 14 (1st Supp.), s. 56.
Making recount
180. (1) At the time and place appointed pursuant to sections 177 and 179, and in the presence of such of the persons authorized by this Act to attend as do attend, the judge shall proceed to make the recount from the statements contained in the ballot boxes returned by the deputy returning officers, or to recount all the votes or ballot papers returned by the deputy returning officers, as the case may be, and the judge, in the latter case,
(a) shall open the sealed envelopes containing the used and counted, unused, rejected and spoiled ballot papers;
(b) shall not open any other envelopes containing other documents; and
(c) shall not take cognizance of any election documents other than the documents referred to in paragraph (a).
Mode of proceeding with the recount
(2) At a recount, the judge shall
(a) recount the votes according to the directions in this Act set forth for deputy returning officers at the close of the poll;
(b) verify or correct the statement of the poll giving the ballot paper account and the number of votes given for each candidate; and
(c) if necessary or required, review the decision of the returning officer with respect to the number of votes given for a candidate at any polling place where the ballot box used was not forthcoming when the returning officer made his decision or where the proper statements of the poll were not found therein.
Powers of judge
(3) For the purpose of arriving at the facts with respect to a missing box or statement of the poll, the judge has all the powers of a returning officer with regard to the attendance and examination of witnesses who, in case of non-attendance, are subject to the same consequences as in the case of refusal or neglect to attend on the summons of a returning officer.
Additional powers of judge
(4) For the purpose of making a recount pursuant to this section and sections 177 to 179 and 181 to 184, a judge has the power of summoning before him any deputy returning officer or poll clerk as a witness and of requiring him to give evidence on oath or on solemn affirmation, and has the same power to enforce the attendance of such a witness and to compel him to give evidence as is vested in any court of record in civil cases.
R.S. 1970, c. 14 (1st Supp.), s. 56.
Where counterfoil is attached
181. (1) Where, in the course of a recount, any ballot paper is found with the counterfoil still attached to it, the judge shall remove and destroy the counterfoil.
Idem
(2) The judge shall not reject a ballot by reason merely of the deputy returning officer’s failure to remove the counterfoil from it or to affix his initials to the back of it.
R.S. 1970, c. 14 (1st Supp.), s. 56.
Proceedings to be continuous
182. (1) The judge shall, as far as practicable, proceed continuously, except on Sunday, with a recount, allowing only necessary recess for refreshment, and excluding, except as he otherwise openly directs, the hours between six o’clock in the afternoon and nine o’clock in the next following forenoon.
During excluded time documents to be under seal
(2) During a recess or excluded time at a recount, the ballot papers and other documents shall be kept enclosed in parcels under the seal of the judge and of such other of the persons as are authorized to attend at the recount and desire to affix their seals to the packages.
Supervision of sealing
(3) The judge shall personally supervise the parcelling and sealing of ballot papers and documents at a recount and take all necessary precautions for the security of the papers and documents.
R.S. 1970, c. 14 (1st Supp.), s. 56.
Judge may terminate recount
183. Notwithstanding anything in sections 178 and 182, a judge may, at any time after an application for a recount has been made to him, terminate the recount on request in writing by the applicant to him for termination.
R.S. 1970, c. 14 (1st Supp.), s. 56.
Procedure at conclusion of recount
184. (1) At the conclusion of a recount, the judge shall
(a) seal all the ballot papers in separate packages, add the number of votes cast for each candidate as ascertained at the recount and forthwith certify in writing, in the form prescribed by the Chief Electoral Officer, the result of the recount to the returning officer, who shall, as prescribed in section 189, declare to be elected the candidate who has obtained the largest number of votes; and
(b) deliver a copy of the certificate to each candidate, in the same manner as the prior certificate delivered by the returning officer under section 170, which certificate shall be deemed to be substituted for the certificate previously issued by the returning officer.
Casting vote of returning officer
(2) Where a recount made pursuant to sections 177 to 182 results in an equality of votes, the returning officer has and shall cast a deciding vote.
Costs
(3) Where a recount does not so alter the result of the poll as to affect the return, the judge shall
(a) order the costs of the candidate appearing to be elected to be paid by the person who applied for the recount; and
(b) tax those costs, following as closely as possible the tariff of costs allowed with respect to proceedings in the court in which the judge ordinarily presides.
Disposal of deposit; action for balance
(4) The moneys deposited as security for costs shall, so far as necessary, be paid out to the candidate in whose favour costs are awarded and, if the deposit is insufficient, the party in whose favour the costs are awarded has his action for the balance.
R.S. 1970, c. 14 (1st Supp.), s. 56.
Reimbursement
184.1 Where the result of a poll gives any candidate
a majority of
1993, c. 19, s. 98.
Clerical assistants
185. (1) Subject to the approval of the Chief Electoral Officer, a judge may retain the services of such clerical assistants as are required for the proper performance of his duties under sections 177 to 184.
Payment of clerical assistants
(2) The clerical assistants referred to in subsection (1) shall be paid at a rate to be fixed by the Governor in Council pursuant to sections 198 and 204.
R.S. 1970, c. 14 (1st Supp.), s. 56.
PROCEDURE WHERE THE JUDGE FAILS TO COMPLY
Failure of judge to act
186. (1) Where a judge omits, neglects or refuses to comply with the provisions of sections 176 to 184 in respect of a recount, any party aggrieved may, within eight days thereafter, make application
(a) in the Provinces of Nova Scotia and British Columbia, to a judge of the Superior Court of Justice;
(a.1) in the Province of Ontario, to a judge of the Superior Court of Justice;
(b) in the Province of Quebec, New Brunswick or Alberta, the Yukon Territory or the Northwest Territories, to a judge of the Court of Appeal thereof;
(c) in the Province of Prince Edward Island or Newfoundland, to a judge of the trial division of the Supreme Court of the Province; and
(d) in the Province of Manitoba or Saskatchewan, to a judge of the Court of Queen’s Bench for the Province.
Application on affidavit
(2) An application pursuant to subsection (1) may be made on affidavit, which need not be entitled in any matter or cause, setting out the facts relating to the omission, refusal or neglect.
Order of judge
(3) The judge to whom an application is made pursuant to subsection (1) shall, if it appears that there is any omission, refusal or neglect, make an order
(a) appointing the time, within eight days, and a place for the consideration of the application;
(b) directing the attendance of all parties interested at that time and place; and
(c) giving such directions for the service of the order and of the affidavit or affidavits on which the order was granted, on the judge so alleged to be in default and on the other interested parties, as he thinks proper.
Service of notice
(4) Where the circumstances appear to the judge to whom an application is made pursuant to subsection (1) to warrant it, he may direct that service on any party may be substitutional, by mail or posting or in any other manner.
Affidavits may be filed
(5) The judge complained of, or any of the parties interested, may file in the office of the clerk, registrar or prothonotary of the court of the judge to whom the application is made, affidavits in reply to those filed by the applicant and, on demand, shall furnish the applicant with copies thereof.
R.S. 1985, c. E-2, s. 186; R.S. 1985, c. 27 (2nd Supp.), s. 10; 1990, c. 17, s. 18; 1992, c. 51, s. 48; 1998, c. 30, s. 14.
Order of court after hearing
187. (1) At the time and place appointed by a judge pursuant to subsection 186(3) or at any other time and place to which the hearing may be adjourned, after hearing the parties, or such of them as are present, or their counsel, the judge or another judge of the same court
(a) shall make such order as the facts of the case in the opinion of the judge warrant, either dismissing the application or ordering the judge in default to take such action as is necessary in order to comply with the requirements of this Act in respect of the recount and to proceed with and complete the recount; and
(b) may make such order with respect to costs as he thinks proper.
Judge to obey order
(2) A judge found to be in default pursuant to subsection (1) shall forthwith carry out the directions of any order made pursuant to that subsection.
Costs
(3) There shall be the same remedies for the recovery of the costs awarded by an order made pursuant to subsection (1) as for costs in ordinary cases in the court to which the judge making the order belongs.
R.S. 1970, c. 14 (1st Supp.), s. 57.
Where order made after return to writ
188. (1) Where, at the time of the issue of an order under section 186 or 187, the returning officer for the electoral district in respect of which the order is made has made a return to the writ of election to the Chief Electoral Officer pursuant to section 190, the Chief Electoral Officer shall, on being furnished with a certified copy of the order, send back to the returning officer all election papers required for use at the recount.
Duties of returning officer on recount
(2) On receiving a judge’s certificate with respect to the result of a recount, a returning officer shall give due notice of a new declaration of the election, which shall replace any previous declaration, and
(a) if the result of the recount is that a person other than the person named in the original return is certified to be returned, make a substitute return to the writ; or
(b) if the result of the recount is to confirm the original writ, forthwith send back the papers to the Chief Electoral Officer but not make any substitute return to the writ.
Effect of substitute return
(3) A substitute return issued pursuant to subsection (2) has the effect of cancelling the original return.
R.S. 1970, c. 14 (1st Supp.), s. 57.
ELECTION RETURN
Return of elected candidate
189. Each returning officer, immediately after the sixth day next following the date on which he has completed the official addition of the votes, unless before that time he has received notice that he is required to attend before a judge for the purpose of a recount, or, where there has been a recount, immediately after the recount, shall forthwith declare elected the candidate who has obtained the largest number of votes by completing the return to the writ on the form provided for that purpose on the back of the writ.
R.S. 1970, c. 14 (1st Supp.), s. 58.
Transmission of documents
190. (1) Forthwith, on completing the return to the writ pursuant to section 189, a returning officer shall transmit the following documents to the Chief Electoral Officer:
(a) the election writ with his return in the prescribed form endorsed thereon that the candidate having the majority of votes has been duly elected;
(b) a report of his proceedings in the form prescribed by the Chief Electoral Officer;
(c) the recapitulation sheets, in the form prescribed by the Chief Electoral Officer, showing the number of votes cast for each candidate at each polling station and making such observations as the returning officer may think proper with respect to the state of the election papers as received from his deputy returning officers;
(d) the statements of the polls from which the official addition of the votes was made;
(e) the reserve supply of undistributed blank ballot papers;
(f) [repealed]
(g) the papers relating to the revision of the list of electors;
(h) the returns from the various polling stations enclosed in sealed envelopes, as prescribed by sections 160 to 167, a packet of stubs and of unused ballot papers, packets of ballot papers cast for the several candidates, a packet of spoiled ballot papers, a packet of rejected ballot papers and a packet containing the official list of electors used at the poll, the written appointments of candidates’ agents and the used transfer certificates; and
(i) all other documents used at the election.
(j) [repealed]
(k) [repealed]
(l) [repealed]
Return not to be made until certificate of judge received
(2) Where he receives notice of a recount, a returning officer shall delay transmission of the return and report until he has received from the judge a certificate of the result of the recount, whereupon he shall transmit those documents as required by subsection (1).
R.S. 1970, c. 14 (1st Supp.), s. 58; 1977-78, c. 3, s. 36, 64 and 88; 1993, c. 19, s. 99; 1996, c. 35, s. 48.
Duplicate of return to each candidate
191. (1) A returning officer shall forward to each candidate a duplicate or copy of the return to the writ made by him.
If return is irregular
(2) A premature return shall be deemed not to have reached the Chief Electoral Officer until it should have reached him in due course.
Idem
(3) The Chief Electoral Officer
(a) shall, if the circumstances so require, send back the return and any or all election documents connected therewith to the returning officer for completion or correction; and
(b) may send back to the returning officer any return that does not comply with this Act.
R.S. 1970, c. 14 (1st Supp.), s. 58.
Procedure on receipt of return by Chief Electoral Officer
192. (1) The Chief Electoral Officer shall, on receiving the return of any member elected to serve in the House of Commons,
(a) enter it, in the order in which the return is received by him, in a book to be kept by him for that purpose; and
(b) thereupon, immediately give notice in an ordinary or special issue of the Canada Gazette of the name of the candidate so elected in the order in which the return was received by him.
(c) [repealed]
(2) [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 58; 1993, c. 19, s. 100.
Reports by Chief Electoral Officer
193. The Chief Electoral Officer shall,
(a) immediately after each general election, cause to be printed a report giving, by polling divisions, the number of votes polled for each candidate, the number of rejected ballots and the number of names on the final list of electors, together with any other information that the Chief Electoral Officer may deem fit to include; and
(b) at the end of each year, cause to be printed a report, similar to the report referred to in paragraph (a), on the by-elections held during the year.
R.S. 1970, c. 14 (1st Supp.), s. 58; 1996, c. 35, s. 49.
Offence
194. Where any returning officer wilfully delays, neglects or refuses to return any person who ought to be returned to serve in the House of Commons for any electoral district and it has been determined on the hearing of an election petition respecting the election for the electoral district that the person was entitled to have been returned, the returning officer who has so wilfully delayed, neglected or refused duly to make the return of his election is guilty of an offence.
R.S. 1970, c. 14 (1st Supp.), s. 58.
REPORT OF CHIEF ELECTORAL OFFICER
Report to Speaker
195. (1) The Chief Electoral Officer shall, within sixty days after the return of the writ, make a report to the Speaker of the House of Commons setting out
(a) any matter or event that has arisen or occurred in connection with the administration of his office in the interval since the date of his last preceding report and that he considers should be brought to the attention of the House of Commons;
(b) any action that has been taken by the Chief Electoral Officer under subsection 9(1) or (3) or sections 255 to 257 or under subsection 3(2) of Schedule II and the Chief Electoral Officer considers should be brought to the attention of the House of Commons; and
(c) [repealed]
(d) any amendments that, in his opinion, are desirable for the better administration of this Act.
Complaint
(2) Every candidate, official agent of every candidate or leader or chief agent of a registered party has the right to send to the Chief Electoral Officer a statement in writing containing any complaint that that person may wish to make with respect to the conduct of the election or of any election officer or any suggestions as to such changes or improvements in the law as that person may consider desirable.
Inclusion in a report
(2.1) Where the Chief Electoral Officer considers it appropriate, the Chief Electoral Officer may include in a report referred to in subsection (1) any document or a part or a summary of a document, relating to any complaint or suggestion received under subsection (2).
Submission to House
(3) Any report received by the Speaker from the Chief Electoral Officer pursuant to this section shall forthwith be submitted by the Speaker to the House of Commons.
R.S. 1970, c. 14 (1st Supp.), s. 59; 1977-78, c. 3, s. 37; 1993, c. 19, s. 101.
CUSTODY OF ELECTION DOCUMENTS AND OF DOCUMENTS RELATING TO THE ESTABLISHMENT AND UPDATING OF THE REGISTER OF ELECTORS
1996, c. 35, s. 50.
Chief Electoral Officer to retain election documents
196. (1) The Chief Electoral Officer shall retain in his possession the election documents transmitted to him by any returning officer, with the return to the writ, for at least one year, if the election is not contested during that time, and, if the election is so contested, for one year after the termination of the contest.
Documents relating to Register of Electors
(1.1) The Chief Electoral Officer shall, for at least two years after receiving them, retain in his or her possession, on film or in electronic form, all documents relating to the establishment and updating of the Register of Electors.
Inspection of documents
(2) No election documents, or documents relating to the establishment or updating of the Register of Electors, that are retained in the custody of the Chief Electoral Officer pursuant to subsection (1) or (1.1) shall, during the period of their retention, be inspected or produced except under an order of a judge of a superior court, which, if made, the Chief Electoral Officer shall obey.
Exception
(3) Subsection (2) does not prohibit the Chief Electoral Officer, any authorized member of his or her staff or the Commissioner of Canada Elections appointed under section 255 from inspecting the documents referred to in that subsection, and any of those documents may be produced by the Chief Electoral Officer or the Commissioner for the purpose of any inquiry made pursuant to section 257 or any prosecution for an offence under this Act or under section 126 of the Criminal Code in relation to anything that this Act forbids or requires to be done.
Election documents or papers admissible in evidence when certified
(4) Where a judge of a superior court has ordered the production of any election documents, the Chief Electoral Officer need not, unless the judge otherwise orders, appear personally to produce the documents but shall certify the documents and transmit them by registered mail to the clerk or registrar of the court, who shall, when the documents have served the purposes of the judge, return them by registered mail to the Chief Electoral Officer.
Idem
(5) Documents purporting to be certified by the Chief Electoral Officer are admissible in evidence without further proof thereof.
Filmed or electronic evidence
(5.1) In any proceedings under this Act, a print that is
(a) made from a photographic film or from a document in electronic form made by the Chief Electoral Officer for the purpose of keeping a permanent record of a document, and
(b) certified by the Chief Electoral Officer or by a person acting in the name of, or under the direction of, the Chief Electoral Officer
is admissible in evidence for all purposes for which the recorded document would be admitted as evidence in those proceedings, without proof of the signature or official character of the person appearing to have signed the certificate.
Order of Court
(6) An order may be made pursuant to subsection (2) by a judge on the judge’s being satisfied by evidence on oath that the inspection or production of any document referred to in that subsection is required for the purpose of instituting or maintaining a prosecution for an offence in relation to an election, or for the purpose of a petition that has been filed questioning an election or a return.
Conditions of inspections
(7) Any order for the inspection or production of election documents or documents relating to the establishment or updating of the Register of Electors may be made subject to any conditions with respect to persons, time, place and mode of inspection or production that the judge deems expedient.
R.S. 1970, c. 14 (1st Supp.), s. 60; 1977-78, c. 3, s. 38; 1996, c. 35, s. 51.
Inspection of instructions, correspondence and other reports
197. (1) All reports, returns and declarations transmitted to the Chief Electoral Officer pursuant to subsection 44(1), 46(1) or 235(4), all other reports or statements, other than election documents received from election officers, all instructions issued by the Chief Electoral Officer pursuant to this Act, all decisions or rulings by him on points arising under this Act and all correspondence with election officers or others in relation to any election are public records and may be inspected by any person on request during business hours.
Extracts
(2) Any person may take extracts from papers referred to in subsection (1) and is entitled to copies of those papers on payment for the preparation of those copies at the rate per page determined by the Chief Electoral Officer.
Evidence
(3) Any copies of papers referred to in subsection (1) purporting to be certified by the Chief Electoral Officer are admissible in evidence without further proof thereof.
R.S. 1970, c. 14 (1st Supp.), s. 60; 1973-74, c. 51, s. 6; 1993, c. 19, s. 102.
FEES AND EXPENSES OF ELECTION OFFICERS
Tariff
198. (1) On the recommendation of the Chief Electoral Officer, the Governor in Council may make a tariff fixing or providing for the determination of fees, costs, allowances and expenses to be paid and allowed to returning officers and other persons employed at or with respect to elections under this Act.
Effective date
(2) The Governor in Council may specify that a tariff made pursuant to subsection (1) shall have effect as of a day that is earlier than the day on which the tariff is made and, where the Governor in Council so specifies, the tariff shall have effect as of such earlier day as is specified.
Copy to House of Commons
(3) A copy of any tariff made pursuant to subsection (1) and of any amendment made to it shall be laid before the House of Commons on any of the first fifteen days on which the House of Commons is sitting after the making of the tariff or amendment.
Mode of payment of fees and expenses
(4) The fees, costs, allowances and expenses fixed by the tariff of fees made pursuant to subsection (1) shall be paid out of any unappropriated moneys forming part of the Consolidated Revenue Fund and distributed as set out in sections 199 to 207.
R.S. 1970, c. 14 (1st Supp.), s. 61; 1977-78, c. 3, s. 39; 1993, c. 19, s. 103.
199. [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 61; 1977-78, c. 3, s. 39; 1993, c. 19, s. 104.
200. [Repealed]
1977-78, c. 3, s. 39; 1993, c. 19, s. 104.
Claims relating to election
201. All claims relating to the conduct of an election shall be paid by separate cheques issued from the office of the Receiver General at Ottawa and sent directly to each person entitled to payment.
R.S. 1970, c. 14 (1st Supp.), s. 61; 1977-78, c. 3, s. 39; 1993, c. 19, s. 104.
Accountable advance
202. (1) An accountable advance may be made to an election officer to defray office and other incidental expenses in such amount as may be approved under the tariff of fees established pursuant to subsection 198(1).
Preparation of accounts
(2) A returning officer shall prepare, in the prescribed form, all accounts to be submitted by the returning officer to the Chief Electoral Officer and is responsible for their correctness.
R.S. 1970, c. 14 (1st Supp.), s. 61; 1993, c. 19, s. 105.
203. [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 61; 1977-78, c. 3, s. 88; 1996, c. 35, s. 52.
Increase of fees and allowances
204. (1) Where it appears to the Governor in Council that the fees and allowances provided for by a tariff made pursuant to subsection 198(1) are not sufficient remuneration for the services required to be performed at an election, or that any claim for any necessary service performed or for materials supplied for or at an election is not covered by the tariff, he may authorize the payment of such sum or additional sum for the services or materials supplied as he considers just and reasonable.
Payment of additional sums
(2) The Chief Electoral Officer may, in accordance with regulations made by the Governor in Council, in any case in which the fees and allowances provided for by the tariff of fees made pursuant to subsection 198(1) are not sufficient remuneration for the services required to be performed at an election, or for any necessary service performed, authorize the payment of such additional sum for the services as he considers just and reasonable.
R.S. 1970, c. 14 (1st Supp.), s. 61.
Payment of printing and supplies
205. Any expenses incurred by the Chief Electoral Officer for preparing and printing election material and for the purchase of election supplies shall be paid out of any unappropriated moneys forming part of the Consolidated Revenue Fund.
R.S. 1970, c. 14 (1st Supp.), s. 61.
Forfeiture of right to payment
206. Any election officer who fails to carry out any of the services required to be performed by him at an election pursuant to this Act may forfeit his right to payment for his services and expenses, and the Receiver General, on the receipt of a certificate from the Chief Electoral Officer to the effect that an election officer named in the certificate has failed to carry out the services required to be performed by him at the election under this Act, shall not pay that election officer’s account.
R.S. 1970, c. 14 (1st Supp.), s. 61.
Taxation of accounts
207. (1) The Chief Electoral Officer shall, in accordance with the tariff of fees made pursuant to subsection 198(1), tax all accounts relating to the conduct of an election and transmit those accounts forthwith to the Receiver General.
Rights saved
(2) Notwithstanding anything in subsection (1), the rights, if any, of all claimants to compel payment or further payment by process of law remain unimpaired.
R.S. 1970, c. 14 (1st Supp.), s. 61.
ELECTION EXPENSES, OFFICIAL AGENT
AND AUDITOR OF CANDIDATES
Limitation of election expenses
208. (1) Every candidate who, directly or through his official agent or any other person acting on his behalf, incurs election expenses on account of or in respect of the conduct or management of the election that exceed in the aggregate the maximum election expenses in respect of the electoral district in which he is a candidate is guilty of
(a) where the election expenses were wilfully incurred or caused to be incurred by the candidate, an illegal practice and an offence; or
(b) in any other case, an offence.
Idem
(2) Every official agent who, acting on behalf of a candidate, incurs election expenses on account of or in respect of the conduct or management of the election that exceed in the aggregate the maximum election expenses in respect of the electoral district in which the candidate is a candidate is guilty of
(a) where the election expenses were wilfully incurred or caused to be incurred by the official agent, an illegal practice and an offence; or
(b) in any other case, an offence.
Definition of "maximum election expenses"
(3) For the purposes of subsections (1) and (2), "maximum election expenses" means the product obtained by multiplying
(a) the amount determined under subsection 210(1), calculated, where applicable, with reference to subsections 210(2) and (3),
by(b) the fraction published by the Chief Electoral Officer pursuant to subsection 211(1) that is in effect on the date of the issue of the writ for the election.
1973-74, c. 51, s. 7; 1977-78, c. 3, s. 40; 1980-81-82-83, c. 164, s. 8.
Expenses not included in election expenses
209. In determining, for the purposes of sections 208 and 210 to 212, the amount of election expenses incurred by a candidate directly or through his official agent or any other person acting on his behalf, there shall not be included any amount in respect of the candidate’s personal expenses.
1973-74, c. 51, s. 7; 1980-81-82-83, c. 164, s. 8.
Determination of amount
210. (1) Subject to subsections (2) and (3), the amount determined under this subsection in respect of an electoral district is the aggregate of
(a) one dollar for each of the first fifteen thousand names appearing on the preliminary lists of electors for the electoral district;
(b) fifty cents for each name in excess of fifteen thousand but not in excess of twenty-five thousand appearing on the preliminary lists of electors for the electoral district; and
(c) twenty-five cents for each name in excess of twenty-five thousand appearing on the preliminary lists of electors for the electoral district.
Additional amount for large districts
(2) Where an electoral district has on average less than ten electors, calculated on the basis of the number of names of electors on the preliminary lists of electors, in each square kilometre in the electoral district, the amount determined under subsection (1) for that electoral district shall be deemed to be the aggregate of
(a) the amount determined under subsection (1) calculated without reference to this subsection and subsection (3), and
(b) fifteen cents for each such square kilometre,
but in no case shall the amount referred to in paragraph (b) exceed twenty-five per cent of the amount referred to in paragraph (a).
Amount where candidate dies
(3) Where a candidate for an electoral district dies after the close of nominations but before the closing of the polls, the amount determined under subsection (1) for that electoral district calculated, where applicable, with reference to subsection (2), is deemed to be one and one-half times that amount.
1980-81-82-83, c. 164, s. 8.
Chief Electoral Officer to publish fraction
211. (1) Before April 1 of each calendar year, the Chief Electoral Officer shall publish in the Canada Gazette a fraction as determined under subsection (2), which fraction shall be in effect for the period commencing April 1 of the calendar year in which the fraction is published and ending March 31 of the calendar year next following.
Fraction
(2) The fraction determined under this subsection is the fraction of which
(a) the numerator is the average of the Consumer Price Index, as published by Statistics Canada under the authority of the Statistics Act, for the twelve month period ending December 31 of the year immediately preceding the calendar year during which the fraction is to commence to be in effect, calculated on the basis of 1981 being equal to 100; and
(b) the denominator is 88.9, being the Consumer Price Index, as published by Statistics Canada under the authority of the Statistics Act, for 1980, calculated on the basis of 1981 being equal to 100.
1980-81-82-83, c. 164, s. 8.
Where number of electors is less than the average
212. (1) For the purposes of subsection 210(1), where
(a) in a general election the number of names appearing on the preliminary lists of electors for an electoral district is less than the average number of names appearing on the preliminary lists of electors for all electoral districts in that general election, or
(b) in a by-election the number of names appearing on the preliminary lists of electors for an electoral district is less than the average number of names appearing on the preliminary lists of electors for all electoral districts in the immediately preceding general election,
the number of names appearing on the preliminary lists of electors for that electoral district shall be deemed to be equal to the aggregate of
(c) the number of names appearing on the preliminary lists of electors for that electoral district, and
(d) one-half of the difference between the average number of names appearing on the preliminary list of electors for all electoral districts in that general election or the immediately preceding general election, as the case may be, and the number of names appearing on the preliminary lists of electors for that electoral district.
(2) [Repealed]
1977-78, c. 3, s. 40; 1980-81-82-83, c. 164, s. 8; 1996, c. 35, s. 53.
Offence
213. (1) Any person is guilty of an offence who, for the purpose of promoting or opposing a particular registered party or the election of a particular candidate, directly or indirectly,
(a) between the date of the issue of the writ and Sunday, the twenty-ninth day before polling day, the one day immediately preceding polling day or on polling day, advertises on the facilities of any broadcasting undertaking; or
(b) procures for publication or acquiesces in the publication, during the period described in paragraph (a), on the one day preceding polling day or on polling day of an advertisement in a periodical publication.
Interpretation
(2) For the purposes of subsection (1), a notice of a meeting to be held for the principal purpose of nominating a candidate at an election shall be deemed not to be an advertisement for the purpose of promoting or opposing a particular registered party or the election of a particular candidate.
1973-74, c. 51, s. 7; 1980-81-82-83, c. 164, s. 9; 1993, c. 19, s. 106.
Maximums for notices
214. (1) The amount that may be spent for notices of meetings to be held for the principal purpose of nominating a candidate in any electoral district is
(a) one per cent of the amount of election expenses a candidate was entitled to spend in that electoral district at the immediately preceding general election; or
(b) where the boundaries of the electoral district have changed since the immediately preceding general election, one per cent of an amount determined by the Chief Electoral Officer for that electoral district.
Offence
(2) Every person who incurs or causes to be incurred expenses on account of notices referred to in subsection (1) in excess of the amount determined under that subsection is guilty of an offence.
1973-74, c. 51, s. 7; 1980-81-82-83, c. 164, s. 9.
Manner of appointing official agent
215. (1) Subject to subsection (2), an individual becomes an official agent under this Act by providing the person appointing him with a declaration, signed by the individual, that the individual has accepted to act as official agent.
Eligibility
(2) To be eligible to be an official agent, an individual must be capable of entering into contracts in the province in which is located the electoral district of the person appointing him as an official agent.
Publication of names, etc.
(3) Every returning officer shall publish in the Notice of Grant of a Poll issued pursuant to section 93 the name, address and occupation of every individual appointed official agent in the manner set out in subsection (1) and named in declarations filed pursuant to paragraph 81(1)(k).
Case of death or legal incapacity of official agent
(4) In the event of the death or legal incapacity of any official agent, the candidate shall forthwith appoint another official agent and provide the returning officer with a declaration similar to the declaration referred to in paragraph 81(1)(k) and the declaration of the new official agent pursuant to subsection (1).
Persons ineligible as official agents
(5) No returning officer, deputy returning officer or assistant returning officer, or the partner or clerk of any of them, and no candidate, is eligible to act as the official agent for any candidate in the management or conduct of his election and any of those persons who so acts is guilty of an illegal practice and of an offence.
R.S. 1970, c. 14 (1st Supp.), s. 62; 1977-78, c. 3, s. 41, 64; 1980-81-82-83, c. 164, s. 10.
Accounts
216. (1) Every official agent shall maintain, under his own name, in
(a) any bank,
(b) any credit union, caisse populaire or other cooperative credit society,
(c) any corporation that carries on the business of a trust company within the meaning of the Trust Companies Act or the business of a loan company within the meaning of the Loan Companies Act or a company, society or provincial company within the meaning of the Insurance Companies Act, or
(d) any Province of Alberta Treasury Branch established pursuant to The Treasury Branches Act as enacted by the Legislature of the Province of Alberta,
an account to which he shall deposit all money described in paragraph 217(1)(b) and from which he shall make all payments, advances or deposits described in paragraph 217(1)(a).
Account kept separate
(2) No official agent shall deposit in the account required by this section to be kept by him any money other than money described in paragraph 217(1)(b) or make any payment, advance or deposit therefrom for any purpose other than on account of or in respect of the conduct or management of the election with respect to which money was deposited in the account.
1980-81-82-83, c. 164, s. 10; 1991, c. 47, s. 726; 1992, c. 1, s. 142.
Payment to be made through official agent only
217. (1) Subject to this section and sections 216 and 218 to 225,
(a) no payment and no advance or deposit shall be made before, during or after an election by a candidate or by any agent on behalf of a candidate or by any other person, in respect of any expenses incurred on account of or in respect of the conduct or management of the election, otherwise than by or through the official agent of the candidate; and
(b) all money provided by any person other than the candidate for any expenses incurred on account of or in respect of the conduct or management of an election, whether as a contribution, gift, loan, advance, deposit or otherwise, shall be paid on the person’s own behalf out of moneys to which he is beneficially entitled to the official agent and not otherwise.
Limitation
(2) Subsection (1) shall be deemed not to apply to any payment by a candidate for his personal expenses.
Offence
(3) Every person who makes any payment, advance or deposit in contravention of subsection (1) or (4) or pays in contravention thereof any money so provided is guilty of an illegal practice and of an offence.
Payment to Receiver General
(4) Where an official agent cannot determine the class of the donor as described in paragraph 228(e) and the name of the donor as referred to in paragraph 228(f), he shall forthwith pay to the Receiver General, by a cheque, money order or the like made payable to the Receiver General and forwarded to the Chief Electoral Officer, an amount of money equal to the amount so received.
R.S. 1970, c. 14 (1st Supp.), s. 62; 1977-78, c. 3, s. 41; 1980-81-82-83, c. 164, s. 10.
Political contributions
217.1 (1) No person or registered party shall accept or use contributions from
(a) a person who is not a Canadian citizen or a permanent resident within the meaning of the Immigration Act;
(b) a corporation or an association that does not carry on business in Canada;
(c) a trade union that does not hold bargaining rights for employees in Canada;
(d) any foreign political party; or
(e) a foreign government or an agent of a foreign government.
Non-compliance
(2) Each financial agent shall remit to the Chief Electoral Officer, for the Receiver General, any contribution that does not comply with subsection (1) and that cannot be returned to the contributor.
1993, c. 19, s. 107.
Prescribed forms for candidates and official agents
218. (1) The Chief Electoral Officer shall prescribe forms for use by official agents and candidates for the following purposes:
(a) for recording information with respect to expenses and claims referred to in paragraphs 228(a) to (d),
(b) for recording information with respect to amounts of money and the commercial value of goods or services provided by way of loan, advance, deposit, contribution or gift as described in paragraphs 228(e) and (f),
(c) for use as an official receipt to be issued by official agents on behalf of candidates to donors referred to in paragraphs 228(e) and (f) for the purpose of subsection 127(3) of the Income Tax Act, and
(d) for recording information with respect to the expenses referred to in subsection 224(2),
and every candidate and official agent shall use those forms, and no others, for the purposes for which they are prescribed.
Compliance with Income Tax Act
(2) A form prescribed by the Chief Electoral Officer pursuant to paragraph (1)(c) shall provide for the inclusion therein by the official agent of such information as is prescribed under subsection 127(3) of the Income Tax Act.
1977-78, c. 3, s. 41; 1980-81-82-83, c. 164, s. 10.
Chief Electoral Officer to supply forms
219. (1) The Chief Electoral Officer shall cause to be printed a sufficient supply of the forms prescribed by him pursuant to subsection 218(1) and he shall transmit to each returning officer such number of copies of each form as he considers the returning officer will require for the candidates in the returning officer’s electoral district.
Returning officer to supply forms
(2) A returning officer shall, subject to subsection (3), issue to each candidate in his electoral district such number of copies of each form as he considers the candidate will require and such further number as the candidate may request, but all copies of the form described in paragraph 218(1)(c) that are not used by the candidate for the purposes of the election shall be returned to the returning officer not later than one month after polling day.
Designation of forms
(3) The Chief Electoral Officer may designate which of the forms transmitted by him to each returning officer may be issued only to the official agent of an officially nominated candidate.
1977-78, c. 3, s. 41; 1980-81-82-83, c. 164, s. 10.
Where contract enforceable against candidate
220. A contract whereby any expenses are incurred on account of or in respect of the conduct or management of an election is not enforceable against a candidate unless made by the candidate himself or by his official agent or by a sub-agent of the official agent thereto authorized in writing, but inability to enforce the contract against the candidate does not relieve him from the consequences of any corrupt or illegal practice that has been committed by his agent.
R.S. 1970, c. 14 (1st Supp.), s. 62.
Bill of particulars
221. (1) Every payment made by or through an official agent in respect of any expenses incurred on account of or in respect of the conduct or management of an election shall, except where less than twenty-five dollars, be vouched for by a bill stating the particulars and by proof of payment.
Claims to be sent in within three months, or rights to be barred
(2) Every person who has any bill, charge or claim on any candidate for or in relation to any election shall send in the bill, charge or claim within
(a) three months after polling day at the election, or
(b) where the writ issued for the electoral district for which the candidate was nominated is withdrawn or deemed to be withdrawn, three months after publication in the Canada Gazette of notice that the writ has been or is deemed to have been withdrawn,
to the official agent of the candidate or, if that agent is dead or legally incapable, to the candidate in person and, if he does not do so, that person shall be barred of the right to recover the bill, charge or claim or any part thereof.
Offence
(3) Subject to such exceptions as may be allowed pursuant to this Act, an official agent who pays a claim in contravention of this section or any of sections 216 to 220 and 222 to 225 is guilty of an illegal practice and of an offence.
Death of claimant
(4) In the event of the death, within the three months referred to in subsection (2), of any person claiming the amount of any bill, charge or claim referred to in that subsection, the legal representative of the person shall send in the bill, charge or claim within one month after obtaining probate or letters of administration, or of becoming otherwise able to act as legal representative and, if that person does not do so, the right to recover the bill, charge or claim or any part thereof shall be barred.
R.S. 1970, c. 14 (1st Supp.), s. 62; 1977-78, c. 3, s. 41.
Payment within four months
222. (1) All expenses incurred by or on behalf of a candidate on account of or in respect of the conduct or management of an election shall be paid within
(a) four months after polling day at the election, or
(b) where the writ issued for the electoral district for which the candidate was nominated is withdrawn or deemed to be withdrawn, four months after publication in the Canada Gazette of notice that the writ has been or is deemed to have been withdrawn,
and not otherwise, and, subject to such exception as may be allowed pursuant to this Act, an official agent who makes a payment in contravention of this provision is guilty of an illegal practice and of an offence.
Chief Electoral Officer may authorize payment of certain claims
(1.1) Notwithstanding subsection (1) and section 221, where cause is at any time shown to the satisfaction of the Chief Electoral Officer, the Chief Electoral Officer may, on application in writing by the claimant or by the candidate or their official agent, authorize in writing the payment by a candidate through their official agent of a claim for or in relation to any election where
(a) the claim was sent in
(i) after the time specified by subsection 221(2), or
(ii) to the candidate and not to the official agent; or
(b) the payment is to be made after the time specified by subsection (1).
Judge may give leave for payment of certain claims
(2) Notwithstanding subsection (1) and section 221, where cause is at any time shown to the satisfaction of a judge competent to recount the votes given at an election, that judge, on application by the claimant or by the candidate or their official agent, may, by order, give leave for the payment by a candidate through their official agent of
(a) a claim that was not sent in within the time specified by subsection 221(2) or paid within the time specified by subsection (1) if the claimant, candidate or official agent shows that they applied for but did not obtain an authorization under subsection (1.1); or
(b) a claim that was not paid in compliance with an authorization obtained under subsection (1.1) if the claimant, candidate or official agent shows that they were unable to comply with it by reason of a circumstance beyond their control.
Election not void in certain cases
(3) Where an election court reports that it has been proved by a candidate that any payment made by an official agent in contravention of this section or any of sections 216 to 221 and 223 to 225 was made without the sanction or connivance of the candidate, the election of the candidate is not void nor is he subject to any incapacity by reason only of the payment having been made in contravention of any of those provisions.
R.S. 1970, c. 14 (1st Supp.), s. 62; 1977-78, c. 3, s. 41; 1998, c. 18, sub. 1(1).
Action for recovery in claims deemed disputed
223. (1) Where an official agent, in the case of a claim sent in to him or her within the time limited by subsection 221(2) or authorized under subsection 222(1.1), disputes it or refuses or fails to pay it within the time specified by subsection 222(1) or authorized under subsection 222(1.1) for its payment, the claim is deemed to be a disputed claim and the claimant may, if he or she thinks fit, bring an action to recover the claim in any competent court.
Payment in pursuance of judgment deemed exception
(2) Any sum paid by a candidate or his agent pursuant to a judgment or order of a court made in respect of an action brought pursuant to subsection (1) shall be deemed to be paid within the time limited by this Act and to be an exception to the provisions of this Act requiring claims to be paid by the official agent.
R.S. 1970, c. 14 (1st Supp.), s. 62; 1977-78, c. 3, s. 41; 1998, c. 18, s. 2.
Candidate’s personal expenses
224. (1) A candidate may pay any personal expenses incurred by him.
Statement of personal expenses
(2) Each candidate shall send to his official agent within the time limited by this Act for sending in claims a written statement setting out the amount of personal expenses paid by the candidate and details of those expenses.
Candidate dies
(3) Where a candidate dies before the expiration of the time referred to in subsection (2) and before sending to his official agent the written statement described in that subsection, that subsection does not apply in respect of the candidate.
R.S. 1970, c. 14 (1st Supp.), s. 62; 1977-78, c. 3, s. 41; 1980-81-82-83, c. 164, s. 10.
Petty expenses
225. (1) Any person may, if so authorized in writing, by an official agent, pay any necessary expenses for stationery, postage, telegrams and other petty expenses to a total amount not exceeding that named in the authority, but any excess above the total amount so named shall be paid by the official agent.
Statement of particulars and vouchers
(2) A statement of the particulars of payments made by any person authorized to make payments pursuant to subsection (1) shall be sent to the official agent within the time limited by this Act for the sending in of claims and shall be vouched for by a bill containing the proof of payment by that person.
R.S. 1970, c. 14 (1st Supp.), s. 62; 1977-78, c. 3, s. 41.
Appointment of auditor
226. (1) Every candidate shall, at the time of appointment of his official agent, appoint an auditor.
Idem
(2) Where an auditor appointed by a candidate pursuant to subsection (1) ceases for any reason to hold office as such or becomes ineligible as provided in subsection (3), the candidate shall forthwith appoint another auditor.
Persons not eligible
(3) No returning officer, deputy returning officer or assistant returning officer and no candidate, official agent of a candidate or registered agent of a registered party is eligible
(a) to act as the auditor for a candidate, or
(b) if he is a partner of the auditor for a candidate or an employee of the auditor for a candidate or of a firm with which such an auditor is associated, to participate in the examination or preparation of an auditor’s report pursuant to this section, other than as provided in subsection 227(3),
and any person who contravenes this subsection is guilty of an offence.
1973-74, c. 51, s. 8; 1977-78, c. 3, s. 42.
Auditor’s report
227. (1) The auditor appointed by a candidate shall make a report to the official agent of the candidate on the return respecting election expenses prepared by or on behalf of the candidate and shall make such examinations as will enable him to state in his report whether in his opinion the return presents fairly the financial transactions contained in the books and records of the candidate.
Where statement required
(2) An auditor, in his report pursuant to subsection (1), shall make such statements as he considers necessary in any case where
(a) the return to which the report relates does not present fairly the financial transactions required by section 228 to be detailed in the candidate’s return;
(b) he has not received from the official agent of the candidate and the candidate all the information and explanation that he has required; or
(c) proper accounting records have not been kept by the official agent of the candidate in so far as appears from his examination.
Right of access
(3) An auditor appointed by a candidate shall have access at all reasonable times to all records, documents, books, accounts and vouchers of the official agent of the candidate and of the candidate relating to the election, and is entitled to require from the official agent of the candidate and the candidate such information and explanation as in his opinion may be necessary to enable him to report as required by subsection (1).
1973-74, c. 51, s. 8; 1977-78, c. 3, s. 42; 1980-81-82-83, c. 164, s. 11.
Auditor’s report and return of election expenses by official agent
228. Within four months after polling day at an election or, where the writ issued for the electoral district for which the candidate was nominated is withdrawn or deemed to be withdrawn, within four months after publication in the Canada Gazette of notice that the writ has been or is deemed to have been withdrawn, the official agent of every candidate shall transmit to the returning officer the auditor’s report made to him pursuant to subsection 227(1) and a true signed return substantially in the prescribed form, in this Act referred to as a "return respecting election expenses", containing detailed statements in respect of that candidate of
(a) all election expenses incurred together with all vouchers and receipts relating to those expenses, which vouchers and receipts are in this Act included in the expression "return respecting election expenses";
(b) the amount of personal expenses, if any, paid by the candidate;
(c) the disputed claims, in so far as the official agent is aware;
(d) the unpaid claims, if any, in respect of which application has been or is about to be made under subsection 222(1.1) or (2), in so far as the official agent is aware;
(e) the amount of money and the commercial value of goods or services provided for the use of the candidate by way of loan, advance, deposit, contribution or gift by each of the following classes of donors, namely, individuals, businesses, commercial organizations, governments, trade unions, corporations without share capital other than trade unions, and unincorporated organizations or associations other than trade unions, and the number of donors in each of those classes; and
(f) the name of each individual, business, commercial organization, government, trade union, corporation without share capital other than a trade union, unincorporated organization and association, listed according to the classes of donors referred to in paragraph (e), that made a loan, advance, deposit, contribution or gift for the use of the candidate the amount of which exceeded one hundred dollars or that made loans, advances, deposits, contributions or gifts for the use of the candidate the aggregate of which exceeded one hundred dollars and in each case the amount of the loan, advance, deposit, contribution or gift or of the aggregate of the loans, advances, deposits, contributions or gifts made by him or it.
R.S. 1970, c. 14 (1st Supp.), s. 63; 1973-74, c. 51, s. 9; 1977-78, c. 3, s. 43; 1980-81-82-83, c. 164, s. 12; 1998, c. 18, s. 3.
Gifts or contributions through local associations
229. (1) Where a contribution for the use of a candidate is made by any local association of a political party, whether registered or otherwise, the return referred to in section 228 in respect of the candidate shall, if the amount or value of the contribution exceeds one hundred dollars, include the name of each donor whose contribution, or the aggregate of whose contributions to the local association, exceeded one hundred dollars and was comprised in whole or in part in the contribution by the local association for the use of the candidate and the amount or value of the contribution or of the aggregate of those contributions, as the case may be, by each of those donors.
Idem
(2) Where, in circumstances in which subsection (1) applies, any of the donors whose contributions to the local association were comprised in whole or in part in the contribution by the local association for the use of the candidate cannot be identified, the return referred to in section 228 in respect of the candidate shall include information with respect to each donor that made a contribution to the local association, since the election preceding the election to which the return relates, that exceeded, or that made contributions to the local association during that period the aggregate of which exceeded, one hundred dollars, as if those contributions had been contributions for the use of the candidate.
Definitions
(3) In subsections (1) and (2),
"contribution"
« contribution »
"contribution" includes a loan, advance, deposit and gift;
"donor"
« donateur »
"donor" means any donor who falls within the classes of donors referred to in paragraph 228(e).
Vouchers and declaration
(4) Each return transmitted pursuant to section 228 shall include all bills and vouchers relative thereto and be accompanied by a declaration made by the official agent in the prescribed form, in this Act referred to as a "declaration respecting election expenses".
R.S. 1970, c. 14 (1st Supp.), s. 63; 1973-74, c. 51, s. 9; 1977-78, c. 3, s. 43.
Candidate’s declaration respecting election expenses
230. (1) Within four months after polling day at an election, each candidate shall transmit or cause to be transmitted to the returning officer a declaration respecting the candidate’s election expenses made by the candidate in the prescribed form, in this Act referred to as a "declaration respecting election expenses".
Where candidate dies
(2) Where a candidate dies before the expiration of the four months referred to in subsection (1) and before he has transmitted or caused to be transmitted to the returning officer his declaration respecting election expenses,
(a) if the candidate dies before the close of nominations, subsection (1) does not apply in respect of that candidate; and
(b) if the candidate dies after the close of nominations,
(i) he shall be deemed to have transmitted the declaration to the returning officer as required by subsection (1),
(ii) the returning officer shall be deemed to have transmitted the declaration to the Chief Electoral Officer as required by subsection 235(4), and
(iii) the Chief Electoral Officer shall be deemed to have received the declaration for the purposes of sections 242 and 244.
R.S. 1970, c. 14 (1st Supp.), s. 63; 1977-78, c. 3, s. 43.
Supplementary return in certain cases
231. (1) Where, by reason of the death of a creditor, no bill has been sent in within the four months referred to in section 228, the official agent shall, within one month after the bill has been sent in to him, as fully as possible, comply with sections 228 to 230 and 232 to 240 by means of a supplementary return respecting election expenses.
Supplementary return when payment deadline extended
(2) Where the Chief Electoral Officer has authorized a payment under subsection 222(1.1) or a judge has approved a payment under subsection 222(2) of which the official agent is aware, the official agent shall, within one week after the authorization or approval, comply with sections 228 to 230 and 232 to 240 as fully as possible by means of a supplementary return respecting election expenses.
R.S. 1970, c. 14 (1st Supp.), s. 63; 1977-78, c. 3, s. 43; 1998, c. 18, s. 4.
Payment of excess contributions
232. Where the aggregate of all money received by
(a) an official agent of a candidate pursuant to paragraph 217(1)(b),
(b) the official agent pursuant to sections 241 to 247, and
(c) the candidate as a refund under this Act of the deposit made by him pursuant to paragraph 81(1)(j),
is in excess of the amount required by the candidate to pay the aggregate of the deposit referred to in paragraph 81(1)(j) and
(d) election expenses and all other reasonable expenses incidental to the election,
(e) personal expenses,
(f) auditor’s fees in excess of the amount paid under paragraph 243(4)(b) or subsection 244(2), and
(g) costs with respect to a recount pursuant to subsection 171(1) or sections 176 to 184 of the votes cast in his electoral district, to the extent that the costs exceed any amount paid to the candidate by the Receiver General pursuant to subsection 171(5),
incurred by him in relation to the election, the amount of the excess shall be paid by the official agent,
(h) where the political affiliation of the candidate was shown on the ballot paper as a registered party, to any local organization or association of members of the party in the electoral district of the candidate or to the registered agent of the party, or
(i) in any other case, to the Receiver General,
within one month after the official agent of the candidate receives reimbursement pursuant to subsection 243(4) in respect of the candidate’s election expenses or two months after the filing by the official agent of the return respecting election expenses in respect of the candidate, whichever is the later.
1977-78, c. 3, s. 43; 1980-81-82-83, c. 164, s. 12.
Notice to Chief Electoral Officer
233. (1) Where an official agent of a candidate pays an excess amount pursuant to section 232, he shall forthwith transmit to the Chief Electoral Officer a notification of the payment in the prescribed form.
Repayment of excess contributions
(2) Where, after payment to the Receiver General of an excess amount under paragraph 232(i), the official agent makes, or is required or authorized to make, a further payment pursuant to the authorization of the Chief Electoral Officer under subsection 222(1.1), pursuant to leave granted by a judge under subsection 222(2) or pursuant to a judgment or order of a court made in respect of an action brought under subsection 223(1), the official agent may make application to the Chief Electoral Officer for the repayment to the official agent of an amount not exceeding the lesser of
(a) the excess amount paid by the official agent to the Receiver General pursuant to paragraph 232(i), and
(b) the amount of the further payment,
and on receipt of a certificate from the Chief Electoral Officer to the effect that the further payment has been or may properly be made by the official agent, the Receiver General shall pay out of the Consolidated Revenue Fund to the official agent to whom the certificate relates the lesser of the amounts described in paragraphs (a) and (b).
1977-78, c. 3, s. 43; 1998, c. 18, s. 5.
Offence
234. An official agent who fails to make a payment as required by subsection 231(2), or who knowingly makes a payment that is less than the amount that he is required by that subsection to pay, is guilty of an offence.
1977-78, c. 3, s. 43.
Transmittal of returns
235. (1) Every returning officer who receives a return or a supplementary return respecting election expenses from an official agent shall forthwith on the receipt thereof transmit a copy of the return or supplementary return to the Chief Electoral Officer.
Duty to publish
(2) Forthwith after the expiration of the periods provided for in any of sections 228 to 234 or 236 to 240 for the filing of returns and supplementary returns respecting election expenses, the Chief Electoral Officer shall, at his expense on behalf of the Crown in right of Canada, publish, at the same time, in at least one newspaper published or circulated in every electoral district in which an election was held, all the returns and supplementary returns respecting election expenses received by him that relate to the election in that electoral district.
Publication of auditor’s report
(3) The publication of returns and supplementary returns by the Chief Electoral Officer pursuant to subsection (2) shall include
(a) a statement to the effect that the return or supplementary return has been audited;
(b) the name of the auditor; and
(c) where applicable, a statement that the auditor’s report on the return or supplementary return has been qualified.
Documents to be preserved
(4) A returning officer
(a) shall preserve all auditor’s reports, returns and declarations transmitted to him pursuant to sections 228 to 234 and 236 to 240 with the bills and vouchers relating thereto;
(b) shall transmit a copy of each auditor’s report, return and declaration to the Chief Electoral Officer within ten days after he receives it;
(c) shall, at all reasonable times during the six months next after the documents referred to in paragraph (a) have been transmitted to him, permit any elector to inspect them and to make extracts therefrom on payment of a fee of twenty cents;
(d) shall, after the expiration of the period referred to in paragraph (c), retain the documents referred to in paragraph (a), together with the bills and vouchers relating thereto, for a period of three years or for such lesser period as the Chief Electoral Officer may specify; and
(e) shall, after the period he is required to retain them pursuant to paragraph (d), destroy the documents referred to in paragraph (a), together with the bills and vouchers relating thereto.
R.S. 1970, c. 14 (1st Supp.), s. 63; 1973-74, c. 51, s. 9; 1977-78, c. 3, s. 43; 1980-81-82-83, c. 164, s. 12.
Certain members not to sit after end of filing period
236. (1) Where the return and declarations referred to in sections 228 to 235 and 237 to 240 are not transmitted before the expiration of the periods limited for the purpose in any of those sections, the candidate to whom the return and declarations relate shall not, after the expiration of the last of those periods, sit or vote in the House of Commons as a member until either the return and declarations have been transmitted or the date of the allowance pursuant to this Act of an authorized excuse for the failure to transmit them, and if he sits or votes in contravention of this subsection, he is guilty of an offence.
Default in delivering statements
(2) Where, without an excuse authorized by this Act, a candidate or an official agent fails to comply with this section and sections 228 to 235 and 237 to 240, he is guilty of an illegal practice and of an offence.
Making false declaration
(3) Any candidate or official agent who knowingly makes a false declaration respecting election expenses is guilty of a corrupt practice and of an offence.
R.S. 1970, c. 14 (1st Supp.), s. 63.
When candidate out of Canada at time of return
237. (1) Where a candidate is out of Canada at the time when the return respecting election expenses relating to the candidate is transmitted to the returning officer pursuant to section 228, the declaration required by section 230 may be made by the candidate within fourteen days after returning to Canada and, in that case, shall forthwith be transmitted to the returning officer.
Agent not exonerated
(2) The delay authorized by subsection (1) in the making of a declaration by a candidate does not exonerate the official agent of the candidate from complying with the provisions of this Act relating to the return and declaration respecting election expenses to be prepared by the official agent.
Statement of payments in pursuance of authorization or leave and copy of authorization or order
(3) Where, after the date on which a return respecting election expenses is transmitted by an official agent, authorization is obtained under subsection 222(1.1) or leave is given under subsection 222(2) for any claims to be paid, the official agent shall, within seven days after the payment of the claims, transmit to the returning officer a return of the sums paid under that authorization or leave, accompanied by a copy of the authorization or order of the judge giving the leave and, in default, the official agent is deemed to have failed to comply with the requirements of this section and sections 228 to 236 and 238 to 240.
R.S. 1970, c. 14 (1st Supp.), s. 63; 1998, c. 18, s. 6.
When return and declaration not transmitted
237.1 Where the return and declarations respecting election expenses of a candidate at an election have not been transmitted as required by this Act or, having been transmitted, contain an error or false statement,
(a) if the candidate applies in writing to the Chief Electoral Officer and shows that the failure to transmit or that the error or false statement arose by reason of the candidate’s illness or the absence, death, illness or misconduct of their official agent or of a clerk or officer of that agent, or by reason of inadvertence or of any reasonable cause of a like nature, and not by reason of a want of good faith on the part of the candidate, or
(b) if the official agent of the candidate applies in writing to the Chief Electoral Officer and shows that the failure to transmit or that the error or false statement arose by reason of the official agent’s illness or the death or illness of a prior official agent of the candidate, or the absence, death, illness or misconduct of a clerk or officer of the official agent or prior official agent, or by reason of inadvertence or of any reasonable cause of a like nature, and not by reason of a want of good faith on the part of the official agent,
the Chief Electoral Officer may, on production of any evidence of the grounds stated in the application and of the good faith of the applicant and any other evidence that the Chief Electoral Officer considers appropriate, authorize the transmission of the return and declarations within an extended time, or the retransmission of the return and declarations as amended to correct the error or false statement within an extended time, if necessary, as the case may be, and that transmission or retransmission constitutes transmission of the return and declarations respecting election expenses of a candidate at an election as required by this Act.
1998, c. 18, s. 7.
When return and declaration not transmitted or erroneous
238. Where the return and declarations respecting election expenses of a candidate at an election have not been transmitted as required by this Act or, having been transmitted, contain an error or false statement, and the candidate or their official agent applies to a judge competent to recount the votes given at the election, the judge may make an order for allowing an authorized excuse for the failure to transmit or for the error or false statement, that to the judge seems just if the candidate or official agent shows that the failure to transmit or that the error or false statement arose because of a reason set out in paragraph 237.1(a) or (b), as the case may be, and that the candidate or official agent either applied for and did not obtain an authorization under section 237.1 or, having obtained such an authorization, was unable to comply with it because of a circumstance beyond their control.
R.S. 1970, c. 14 (1st Supp.), s. 63; 1998, c. 18, s. 7.
Judge may order official agent to appear and make return and declaration or order examination of official agent
239. Where it appears to a judge, on hearing an application pursuant to section 238, that
(a) in the case of an application by a candidate, the candidate is unable to comply with the provisions of this Act relating to the return and declaration respecting his election expenses by reason of the refusal or failure of his official agent or prior official agent to make the return or supply the particulars that would enable the return and declaration to be made, or
(b) in the case of an application by an official agent, the official agent is unable to comply with the provisions of this Act relating to the return and declaration respecting the election expenses of the candidate for whom he is the official agent by reason of the refusal or failure of a prior official agent to make the return or supply the particulars that would enable the return and declaration to be made,the judge shall, by order in writing served personally on the person who so refused or failed to make a return or supply particulars, direct that person to attend before the judge and, on that person’s attendance, shall, unless the person shows cause to the contrary, order him to
(c) make the return and declaration or supply the statement of the particulars required to be contained in the return, that to the judge seems just, and make or supply them within such time, to such person and in such manner as the judge may direct, or
(d) be examined with respect to the particulars,
and if the person so ordered does not comply with the order to attend or an order referred to in paragraph (c) or (d), he is guilty of an offence.
R.S. 1970, c. 14 (1st Supp.), s. 63.
When order conditions relief of applicant or of candidate
240. (1) An order made pursuant to section 238 may provide that an allowance of an authorized excuse is conditional on the making of a return and declaration in a modified form or within an extended time and on the compliance with such other conditions as to the judge seem best calculated for carrying into effect the objects of this Act.
Effect of order
(2) An order allowing an authorized excuse relieves the applicant for the order from any liability or consequence under this Act or any other Act in respect of the matters excused by the order and, where it is proved by the candidate to the judge that any act or omission of the official agent of the candidate in relation to the return and declaration respecting election expenses was without the sanction or connivance of the candidate and that the candidate took all reasonable means for preventing the act or omission, the judge shall relieve the candidate from the consequences of the act or omission on the part of his official agent.
Date of order deemed date of allowance
(3) Where an order is made pursuant to section 238, the date of the order or, if the order specifies that conditions are to be complied with, the date on which the applicant fully complies with them, shall for the purposes of this section and section 238 be deemed to be the date of the allowance of the excuse.
R.S. 1970, c. 14 (1st Supp.), s. 63.
REIMBURSEMENT IN RESPECT OF CANDIDATES’ EXPENSES
Certificate of Chief Electoral Officer
241. (1) Forthwith after receipt pursuant to subsection 190(1) of a return to the writ of election, the Chief Electoral Officer shall transmit a certificate to the Receiver General in respect of each electoral district setting out
(a) the name of the candidate who has been elected and that of every candidate who has obtained a number of votes at least equal to fifteen per cent of the number of valid votes cast at the election; and
(b) the amount that represents fifteen per cent of the maximum election expenses, as determined in accordance with sections 208 to 212, that each candidate referred to in paragraph (a) was allowed to spend for the election pursuant to those sections.
Payment to official agents
(2) On receipt of a certificate referred to in subsection (1), the Receiver General shall pay out of the Consolidated Revenue Fund to the official agent of each candidate named in the certificate the amount set out therein in respect of that candidate.
1973-74, c. 51, s. 10; 1977-78, c. 3, s. 44; 1980-81-82-83, c. 164, s. 13.
Certificate of Chief Electoral Officer
242. Forthwith after receipt pursuant to paragraph 235(4)(b) of a copy of the auditor’s report, the return respecting election expenses and the declaration respecting election expenses in relation to a candidate who has been elected or who has obtained a number of votes at least equal to fifteen per cent of the number of valid votes cast in the electoral district in which he was a candidate, the Chief Electoral Officer shall transmit a certificate in respect of the candidate to the Receiver General setting out
(a) that the candidate and his official agent have complied with the requirements of sections 228 to 240;
(b) that a copy of the report, return and declaration have been received by the Chief Electoral Officer;
(c) where applicable, that the candidate has incurred election expenses greater than thirty per cent of the maximum election expenses, as determined in accordance with sections 208 to 212, that he was allowed to spend under those sections; and
(d) the amount that is
(i) fifty per cent of the candidate’s actual election expenses that have been paid, as disclosed in the candidate’s return respecting elections, but in no case shall the amount determined under this subparagraph exceed fifty per cent of the maximum election expenses, as determined in accordance with sections 208 to 212, that he was allowed to spend under those sections,
less
(ii) the amount paid by the Receiver General to the candidate pursuant to subsection 241(2).
1973-74, c. 51, s. 10; 1980-81-82-83, c. 164, s. 13.
Supplementary return respecting election expenses
243. (1) Where, after the date on which a return respecting election expenses is transmitted to a returning officer by an official agent pursuant to section 228, an election expense that is not shown in that return as having been paid is paid as permitted by this Act, a supplementary return with respect to that expense, in the prescribed form, shall be submitted to the returning officer by the official agent within thirty days after the expense is paid and the returning officer shall, forthwith on receipt thereof, forward the supplementary return to the Chief Electoral Officer.
Amended certificate of Chief Electoral Officer
(2) On receipt by the Chief Electoral Officer of a supplementary return respecting election expenses referred to in subsection (1), the Chief Electoral Officer shall prepare an amended certificate, as described in section 242, in respect of the candidate as though the candidate’s original return and the supplementary return were one return respecting election expenses and shall forthwith transmit the amended certificate to the Receiver General.
Reimbursement on amended certificate
(3) On receipt of the amended certificate referred to in subsection (2), the Receiver General shall pay out of the Consolidated Revenue Fund to the official agent of the candidate such amount or additional amount, as the case may be, as he would be required to pay pursuant to subsection (4) if the amended certificate had been received by him under subsection (4) as a certificate referred to in section 242.
Payment to official agents and auditors
(4) On receipt of the certificate referred to in section 242, the Receiver General shall pay out of the Consolidated Revenue Fund to
(a) the official agent of the candidate named in the certificate the amount set out in paragraph 242(d) in respect of that candidate; and
(b) the auditor of the candidate named in the certificate the amount of his audit fees, which amount shall not exceed the lesser of seven hundred and fifty dollars and three per cent of the candidate’s election expenses, but in no case shall the payment under this paragraph be less than one hundred dollars.
1980-81-82-83, c. 164, s. 13.
Certificate of Chief Electoral Officer
244. (1) Forthwith after receipt pursuant to paragraph 235(4)(b) of a copy of the auditor’s report, the return respecting election expenses and the declaration respecting election expenses in relation to a candidate other than a candidate described in section 242, the Chief Electoral Officer shall transmit a certificate in respect of the candidate to the Receiver General setting out
(a) that the candidate and his official agent have complied with the requirements of sections 228 to 240; and
(b) that a copy of the report, return and declaration have been received by the Chief Electoral Officer.
Payment to auditor
(2) On receipt of the certificate referred to in subsection (1), the Receiver General shall pay out of the Consolidated Revenue Fund to the auditor of the candidate named in the certificate the amount of his audit fees, which amount shall not exceed the lesser of seven hundred and fifty dollars and three per cent of the candidate’s election expenses, but in no case shall the payment under this subsection be less than one hundred dollars.
1980-81-82-83, c. 164, s. 13.
Reimbursement
245. Where the amount paid to the official agent of a candidate in accordance with subsection 241(2) is greater than fifty per cent of the actual election expenses incurred by the candidate, the official agent of that candidate shall reimburse the Receiver General the amount of the excess.
1980-81-82-83, c. 164, s. 13.
Certificate
245.1 (1) The Chief Electoral Officer shall issue a certificate to the Receiver General listing all candidates who have complied with subsection 230(1).
Receipt of certificate
(2) On receipt of the certificate referred to in subsection (1), the Receiver General shall return that part of the deposit to which the certificate applies.
1993, c. 19, s. 108.
Where candidate dies
246. Where a candidate for an electoral district dies after the close of nominations but before the closing of the polls,
(a) the deceased candidate shall be deemed, for the purposes of subsection 241(1), to have obtained a number of votes at least equal to fifteen per cent of the number of valid votes cast in the electoral district for which he was a candidate; and
(b) the amount set out by the Chief Electoral Officer, pursuant to subsection 241(1), in the certificate transmitted to the Receiver General pursuant to that subsection in respect of any candidate for that electoral district, except the deceased candidate or a candidate who withdraws as permitted by section 88, shall be one and one-half times the amount that he would otherwise set out therein.
1977-78, c. 3, s. 44; 1980-81-82-83, c. 164, s. 13.
Where writ withdrawn or deemed to be withdrawn
247. (1) Where the writ for an electoral district is withdrawn or deemed to be withdrawn, the provisions of this Act with respect to election expenses apply as though
(a) the poll for the election in that electoral district were held on the day on which notice that the writ has been withdrawn or is deemed to have been withdrawn, as the case may be, is published in the Canada Gazette; and
(b) each candidate for the electoral district obtained a number of votes at least equal to fifteen per cent of the number of valid votes that would have been cast in the electoral district.
Exceptions
(2) Notwithstanding subsection (1),
(a) where the writ of election is withdrawn or deemed to be withdrawn before nomination day, no candidate for the electoral district is entitled to any reimbursement under this section and sections 241 to 246 in respect of the candidate’s election expenses;
(b) where the election expenses of a candidate for the electoral district do not exceed the amount received by the candidate’s official agent pursuant to paragraph 217(1)(b), that candidate is not entitled to any reimbursement under this section and sections 241 to 246 in respect of his election expenses; and
(c) where neither paragraph (a) nor (b) applies to a candidate for the electoral district, the amount required to be set out in the certificate transmitted by the Chief Electoral Officer to the Receiver General in respect of the candidate pursuant to subsection 241(1), and the amount that the Receiver General shall pay out of the Consolidated Revenue Fund to the candidate pursuant to subsection 241(2) on receipt of the certificate, is the lesser of
(i) the maximum election expenses, as determined in accordance with sections 208 to 212, in respect of the electoral district, and
(ii) the amount by which the candidate’s election expenses exceed the amount received by the candidate’s official agent pursuant to paragraph 217(1)(b).
1977-78, c. 3, s. 44; 1980-81-82-83, c. 164, s. 13; 1996, c. 35, s. 54.
EXECUTORY CONTRACTS VOID
Executory contracts void
248. Every executory contract, promise or undertaking in any way referring to, arising out of or depending on any election under this Act, including the payment of lawful expenses or the doing of any lawful act, is void in law, but nothing in this section extends to or affects any executory contract, agreement, promise or undertaking by a candidate or the official agent of a candidate of which there is a memorandum or note in writing signed by the candidate or his official agent.
R.S. 1970, c. 14 (1st Supp.), s. 64.
OTHER OFFENCES
Offences
249. (1) Every person is guilty of an offence who
(a) forges a ballot paper or utters a forged ballot paper;
(b) fraudulently alters, defaces or destroys a ballot paper or the initials of the deputy returning officer signed thereon;
(c) without authority under this Act, supplies a ballot paper to any person;
(d) not being a person entitled under this Act to be in possession of a ballot paper, has, without authority, any ballot paper in his possession;
(e) fraudulently puts or causes to be put into a ballot box a ballot paper or other paper;
(f) fraudulently takes a ballot paper out of the polling station;
(g) without authority under this Act, destroys, takes, opens or otherwise interferes with a ballot box or book or packet of ballot papers;
(h) being a deputy returning officer, fraudulently puts his initials on the back of any paper purporting to be or capable of being used as a ballot paper at an election;
(i) without authority under this Act, prints any ballot paper or what purports to be or is capable of being used as a ballot paper at an election;
(j) being authorized by the returning officer to print the ballot papers for an election, fraudulently prints more ballot papers than he is authorized to print;
(k) being a deputy returning officer, places on any ballot paper any writing, number or mark with intent that the elector to whom the ballot paper is to be, or has been, given may be identified thereby; or
(l) manufactures, constructs, imports into Canada, has in possession, supplies to any election officer, or uses for the purposes of an election, or causes to be manufactured, constructed, imported into Canada, supplied to any election officer, or used for the purposes of any election, any ballot box containing or including any compartment, appliance, device or mechanism in or by which a ballot paper may or could be secretly placed or stored or, having been deposited during polling, may be secretly diverted, misplaced, affected or manipulated.
Acts deemed to be fraudulent
(2) For the purposes of subsection (1) and any other provision of this Act, knowingly to do or omit to do an act is deemed to be fraudulent if to do or omit to do the act results or would or would be likely to result in the reception of a vote that should not have been cast or in the non-reception of a vote that should have been cast.
R.S. 1970, c. 14 (1st Supp.), s. 65.
Corrupt inducement of voters
250. (1) Every person who corruptly, by himself or by any other person, during an election, directly or indirectly offers, procures or provides or promises to procure or provide money, valuable consideration, office, employment, food or drink to induce any person to vote or refrain from voting, and every person who corruptly accepts or receives or agrees to accept or receive any money, valuable consideration, office, employment, food or drink for that purpose, is guilty of an offence.
Application
(2) Subsection (1) does not apply in respect of the provision of light refreshments
(a) by an official agent who provides those refreshments as an election expense at a meeting of electors assembled for the purpose of promoting the election of a candidate;
(b) by any person other than a candidate or an official agent who, at his own expense, provides those refreshments at a meeting of electors assembled for the purpose of promoting the election of a candidate; or
(c) by any person to an election agent at a polling station.
Candidate or official agent influencing voters
(3) Except as provided in subsection (2), every candidate or official agent who, by himself or by any other person, directly or indirectly, during an election before the close of polls on ordinary polling day,
(a) offers, procures or provides or promises to procure or provide alcoholic beverages to any person, or
(b) pays or indemnifies or promises to pay or indemnify any person for loss of wages or other earnings suffered by that person in going to, being at, or returning from a polling station or the neighbourhood of a polling station,
with intent to influence that person to vote or refrain from voting is guilty of an offence.
Proof of intent
(4) In any proceedings in respect of an offence referred to in subsection (3), evidence that a candidate or an official agent has offered, procured or provided or has promised to procure or provide alcoholic beverages to any person, except as provided in subsection (2), or has paid, indemnified or promised to pay or indemnify any person is, in the absence of any evidence to the contrary, proof of intent to influence a person to vote or refrain from voting.
R.S. 1970, c. 14 (1st Supp.), s. 66.
251. [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 67; 1993, c. 19, s. 109.
Personation and voting if not qualified
252. Every person is guilty of an offence who
(a) applies under this Act to be included in any list of electors in the name of some other person, whether the name is that of a person living or dead or of a fictitious person;
(b) having once to his knowledge been properly included in a list of electors under this Act as an elector entitled to vote at a pending election, applies, except as authorized by this Act, to be included in any other list of electors prepared for any electoral district as an elector entitled to vote at the same election;
(c) applies to be included in a list of electors for a polling division in which he is not ordinarily resident;
(c.1) applies to have included the name of a person who is not qualified as an elector or the name of any animal or object;
(d) applies for a ballot paper in the name of some other person, whether the name is that of a person living or dead or of a fictitious person;
(e) having voted once at an election, applies at the same election for another ballot paper;
(f) votes or attempts to vote at an election knowing that he is not qualified to vote at the election; or
(g) induces or procures any other person to vote at an election knowing that the other person is not qualified to vote at the election.
R.S. 1970, c. 14 (1st Supp.), s. 68; 1993, c. 19, s. 110.
Undue influence
253. Every person is guilty of an offence who, by intimidation, duress or any pretence or contrivance,
(a) compels, induces or prevails on any person to vote or refrain from voting at an election; or
(b) represents to any person that the ballot or the manner of voting at an election is not secret.
R.S. 1970, c. 14 (1st Supp.), s. 69.
Liability of election officers
254. (1) Every election officer is guilty of an offence who fails or refuses to comply with any provision of this Act unless the election officer establishes that in failing or refusing to so comply he was acting in good faith, that his failure or refusal was reasonable and that he had no intention of affecting the result of the election, permitting any person to vote whom he did not bona fide believe was qualified to vote or preventing any person from voting whom he did not bona fide believe was not qualified to vote.
Forfeit right to payment
(1.1) Where an election officer is found guilty of an offence under subsection (1), the election officer shall, in addition to any other punishment to which that person may be liable, forfeit the election officer’s right to any payment for the election officer’s services as an election officer.
Non-compliance defined
(2) It shall be deemed to be a failure to comply with the provisions of this Act to do or omit to do any act that results in the reception of a vote that should not have been cast, or in the non-reception of a vote that should have been cast.
R.S. 1970, c. 14 (1st Supp.), s. 70; 1993, c. 19, s. 111.
Commissioner of Canada Elections to be appointed
255. The Chief Electoral Officer shall appoint a Commissioner of Canada Elections, in this Act referred to as the "Commissioner", whose duties, under the general supervision of the Chief Electoral Officer, shall be to ensure that the provisions of this Act are complied with and enforced.
R.S. 1970, c. 14 (1st Supp.), s. 70; 1977-78, c. 3, s. 45.
Consent of Commissioner required
256. (1) No prosecution for an offence under this Act or for an offence under section 126 of the Criminal Code in relation to anything that this Act forbids or requires to be done shall be instituted except with the prior consent in writing of the Commissioner.
Exception
(2) Subsection (1) does not apply to an offence referred to in section 151, 152, 159 or 260.
Commissioner may intervene
(3) Where a prosecution for an offence referred to in subsection (1) is taken by a person other than the Commissioner, with the prior consent of the Commissioner if such consent is required, the Commissioner may, if it appears to him that his intervention would be in the public interest, assist in carrying on the prosecution and incur such expenses as it may be necessary to incur for such purpose.
Document of consent
(4) Every document purporting to be the consent in writing of the Commissioner under subsection (1) to the institution of a prosecution or proceeding referred to in that subsection shall be deemed to be that consent unless it is called in question by the Commissioner or by someone acting for him or for Her Majesty.
R.S. 1970, c. 14 (1st Supp.), s. 70; 1973-74, c. 51, s. 11; 1977-78, c. 3, s. 45.
Chief Electoral Officer to direct inquiry
257. (1) Where the Chief Electoral Officer believes on reasonable grounds that an election officer may have committed an offence against this Act, the Chief Electoral Officer shall direct the Commissioner to make such inquiry as appears to be called for in the circumstances and, if after making the inquiry, it appears to the Commissioner that a prosecution for the offence should be taken, he shall
(a) institute and carry on the prosecution or cause it to be instituted and carried on; and
(b) incur such expenses as it may be necessary to incur for such purpose.
Chief Electoral Officer to direct inquiry
(2) Where the Chief Electoral Officer believes on reasonable grounds that any person may have committed an offence referred to in subsection 78(3), section 90, subsection 167(1) or section 174, 249 or 266, the Chief Electoral Officer shall direct the Commissioner to make any inquiry that appears to be called for in the circumstances and, in respect of that offence, the Commissioner has the same duties and powers that the Commissioner has under subsection (1).
Powers under Inquiries Act
(3) For the purpose of any inquiry held under this section, the Commissioner or any person nominated by him for the purpose of conducting the inquiry has the powers of a commissioner under Part II of the Inquiries Act.
1977-78, c. 3, s. 45; 1996, c. 35, s. 55.
Expenses payable out of Consolidated Revenue Fund
258. Any expenses required to be incurred for the purpose of an inquiry under section 257 and of any proceedings that, pursuant to sections 256 and 257, the Commissioner carries on or assists in carrying on or takes or causes to be taken and any other expenses necessarily incurred by the Commissioner in the discharge of his duties under sections 255 to 257 are payable by the Receiver General, on the certificate of the Chief Electoral Officer, out of the Consolidated Revenue Fund.
1977-78, c. 3, s. 45.
Definitions
259. In this section and sections 259.1 to 259.3,
"advertising"
« publicité »
"advertising" means any notice, article or illustration, which may include pictures or text published or shown in any media, including electronic media and periodical publications and includes notices, articles, illustrations, newspapers and like publications designed for mass distribution but does not include
(a) publishing or broadcasting editorials, news, interviews, columns, letters or commentaries in a periodical publication, radio or television program, or
(b) producing, promoting or distributing a book for no less than its commercial value, if the book was planned to be sold regardless of the election;
"advertising expense"
« frais de publicité »
"advertising expense" means amounts paid and liabilities incurred for the production, publication, broadcast and distribution of any advertising for the purpose of promoting or opposing, directly and during an election, a particular registered party or the election of a particular candidate.
1973-74, c. 51, s. 12; 1977-78, c. 3, s. 46; 1980-81-82-83, c. 164, s. 14; 1993, c. 19, s. 112.
Offence
259.1 (1) Every person who incurs advertising expenses in excess of one thousand dollars between the date of the issue of the writ and the day immediately following polling day is guilty of an offence.
Exception
(2) Subsection (1) does not apply to
(a) a candidate, official agent or any other person acting on behalf of a candidate with the candidate’s actual knowledge and consent; or
(b) a registered agent of a registered party acting within the scope of the registered agent’s authority or other person acting on behalf of a registered party with the actual knowledge and consent of an officer of the registered party.
1993, c. 19, s. 112.
Offence
259.2 (1) Every person who sponsors or conducts advertising without identifying the name of the sponsor and indicating that it was authorized by that sponsor is guilty of an offence.
Offence by group of persons
(2) For the purposes of section 259.1, no person shall incur an advertising expense in combination with one or more other persons if the aggregate amount of the advertising expenses incurred exceeds one thousand dollars.
1993, c. 19, s. 112.
Cost of communication
259.3 Sections 259.1 and 259.2 do not apply to costs incurred of sending any document that an association, a union, a group, a corporation or an employer, including a registered party, sends directly to its members, employees or shareholders.
1993, c. 19, s. 112.
Offence
259.4 Every registered agent of a registered party and every other person acting on behalf of a registered party who, with the actual knowledge and consent of an officer of the registered party, between the date of the issue of the writs for a general election and the day immediately following polling day, incurs election expenses for the primary purpose of promoting the election of a particular candidate or person likely to become a candidate, other than the leader of the party, and not primarily for the purpose of promoting or opposing a particular registered party is, unless the expenses are incurred on behalf of the particular candidate, guilty of an offence.
1993, c. 19, s. 112.
Corrupt practice
259.5 Where a person is found guilty of an offence under subsection 259.1(1) or section 259.2 or 259.4 and the contravention was made with the knowledge or consent of a candidate, an official agent or the registered agent of a registered party, that candidate, official agent or registered agent is also guilty of a corrupt practice.
1993, c. 19, s. 112.
Public meetings
260. Every person is guilty of an offence who, between the date of the issue of the writ for an election and the day immediately following polling day at the election, acts, incites others to act or conspires to act in a disorderly manner with the intention of preventing the transaction of the business of a public meeting called for the purposes of the election.
R.S. 1970, c. 14 (1st Supp.), s. 71.
Printed documents bear name
261. (1) Every printed advertisement, handbill, placard or poster that promotes or opposes the election of a registered political party or candidate and that is displayed or distributed during an election by or on behalf of a registered party or a candidate shall indicate that it was authorized by the registered agent of the party or by the official agent of the candidate, as the case may be, and bear the registered agent’s or official agent’s name.
Offence
(2) Every person who prints, publishes, distributes or posts up, or who causes to be printed, published, distributed or posted up, any document referred to in subsection (1) is, unless it bears the name and authorization required under that subsection, guilty of an offence.
R.S. 1970, c. 14 (1st Supp.), s. 72; 1980-81-82-83, c. 164, s. 15; 1993, c. 19, s. 113.
Removing candidates’ advertisements, etc., forbidden
262. Every person who without authority takes down, removes, covers up, mutilates, defaces or alters any printed advertisement, placard, poster or banner having reference to the election of a candidate is guilty of an offence.
R.S. 1970, c. 14 (1st Supp.), s. 73.
Inducing persons to make false oath an offence
263. (1) Every person who, knowingly, in any case where an oath is by this Act authorized or directed to be taken, compels or attempts to compel, or induces or attempts to induce, any other person to take the oath falsely is guilty of an illegal practice and of an offence.
Taking oath falsely an offence
(2) Every person who, knowingly, in any case where an oath is by this Act authorized or directed to be taken, takes the oath falsely is guilty of an illegal practice and of an offence.
R.S. 1970, c. 14 (1st Supp.), s. 74.
Publishing false statements to affect return of any candidate
264. Every person who, before or during an election, knowingly makes or publishes any false statement of fact in relation to the personal character or conduct of a candidate is guilty of an illegal practice and of an offence.
R.S. 1970, c. 14 (1st Supp.), s. 75.
Offence
265. Any person who is not a Canadian citizen, is not a permanent resident and does not reside in Canada who, to secure the election of any candidate, canvasses for votes or in any way endeavours to induce electors to vote for any candidate at an election, or to refrain from voting, is guilty of an offence.
R.S. 1970, c. 14 (1st Supp.), s. 76; 1993, c. 19, s. 114.
Removing notices forbidden
266. (1) Every person who without authority takes down, covers up, mutilates, defaces or alters any printed or written proclamation, notice, list of electors or other document authorized or required by this Act to be posted up is guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding two years or to both.
Posting of warning
(2) Where a document referred to in subsection (1) is posted up, a copy of subsection (1) shall be
(a) printed or written as a notice in large type on the document, or
(b) printed or written as a separate notice and posted up near the document,
so that the notice may easily be read.
R.S. 1970, c. 14 (1st Supp.), s. 77.
Punishment
267. (1) Subject to this Act, every person who is guilty of an offence under this Act is liable
(a) on summary conviction, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding one year or to both; or
(b) on indictment, to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding five years or to both.
Corrupt practice
(2) Any candidate at an election or the official agent of a candidate who contravenes paragraph 71.34(a), (b), (e) or (f) or section 250, 252, 253 or 260 is guilty of a corrupt practice.
R.S. 1970, c. 14 (1st Supp.), s. 78; 1996, c. 35, s. 56.
Disqualification for corrupt act
268. Any person who during an election is guilty of an offence that is a corrupt practice or an illegal practice is disqualified from voting at the election.
R.S. 1970, c. 14 (1st Supp.), s. 79.
Corrupt or illegal practices
269. Any person, who
(a) in any report made to the Speaker of the House of Commons on an election petition, is named as having been found guilty of any offence that is a corrupt practice or an illegal practice, is reported to have been heard on his own behalf and is declared to be a person who should be expressly disqualified as hereinafter provided,
(b) is, before any competent court, convicted of having committed at an election any offence that is a corrupt practice or an illegal practice, or
(c) is, in any proceeding in which after notice of the charge he has had an opportunity of being heard, found guilty of a corrupt practice or an illegal practice or of any offence that is a corrupt practice or an illegal practice,
shall, in addition to any other punishment for that offence by this Act or any other Act prescribed, be, for a corrupt practice during the seven years or for an illegal practice during the five years next after the date of his being so reported and declared, convicted or found guilty, incapable of being elected to or of sitting in the House of Commons or of voting at any election of a member of that House or of holding any office in the nomination of the Crown or of the Governor in Council.
R.S. 1970, c. 14 (1st Supp.), s. 80.
Requirements for conviction of candidate
270. (1) No candidate shall, on the trial of any election petition, be reported by the trial judge to the Speaker of the House of Commons as having been found guilty of a corrupt practice or an illegal practice, be convicted before any court of having committed at an election any offence that is a corrupt practice or an illegal practice or in any other proceeding be found guilty of a corrupt practice or an illegal practice or of any offence that is a corrupt practice or an illegal practice, unless
(a) the candidate in person,
(b) his official agent, or
(c) some other agent of the candidate with the candidate’s actual knowledge and consent,
omitted to do or did the thing the omission or doing of which constitutes the corrupt practice or illegal practice.
Dominion Controverted Elections Act
(2) Nothing in this section prevents the avoidance, pursuant to the Dominion Controverted Elections Act, of any election in consequence of the commission of a corrupt practice or an illegal practice.
R.S. 1970, c. 14 (1st Supp.), s. 81.
Election not voided unless illegal practices by candidate or agent
271. (1) No election shall, on the trial of any election petition, be voided by reason of any illegal practice referred to in section 90, 122, 129 or 264 unless the thing omitted or done, the omission or doing of which constitutes the illegal practice, was omitted or done by
(a) the elected candidate in person;
(b) his official agent; or
(c) some other agent of the candidate with the candidate’s actual knowledge and consent.
Dominion Controverted Elections Act
(2) Nothing in this section shall be deemed to impair or affect the provisions of the Dominion Controverted Elections Act.
R.S. 1970, c. 14 (1st Supp.), s. 82.
Non-compliance with Act not to invalidate election unless it affected result
272. No election shall be declared invalid by reason of
(a) non-compliance with the provisions of this Act relating to
(i) limitations of time, or
(ii) the taking of the poll or the counting of the votes,
(b) any want of qualifications in the persons signing any nomination paper,
(c) any error in the name, or omission of, or error in, the address or occupation of any candidate as stated on a nomination paper received by a returning officer, or
(d) any insufficiency in any publication of any proclamation, notice or other document, or any mistake in the use of the Forms contained in this Act or prescribed by the Chief Electoral Officer pursuant to this Act,
if it appears to the tribunal that is considering the question that the election was conducted in accordance with the principles laid down in this Act, and that the non-compliance did not affect the result of the election.
R.S. 1970, c. 14 (1st Supp.), s. 83; 1977-78, c. 3, s. 47.
Removal of disqualification procured by perjury
273. Where, after a person has become disqualified under this Act, any witness on whose testimony that person has so become disqualified is convicted of perjury with respect to that testimony, that person may move the court before which the conviction takes place to order, and the court, on being satisfied that the disqualification was procured by reason of the perjury, shall order that the disqualification shall cease and determine, and it shall cease and determine accordingly.
R.S. 1970, c. 14 (1st Supp.), s. 84.
No privilege from answering questions
274. (1) Subject to this section, no person shall be excused from answering any question put to him in any action, suit or other proceeding in any court or before any judge, commissioner or other tribunal touching or concerning any election or the conduct of any person thereat or in relation thereto on the ground of any privilege.
Exception
(2) The evidence of an elector to show for whom he voted at an election is not admissible as evidence in any action, suit or other proceeding in any court or before any judge, commissioner or any tribunal touching or concerning any election or the conduct of any person thereat or in relation thereto.
Answer not admissible against witness
(3) Any answer given by a person claiming to be excused on the ground of privilege shall not be used or admissible in evidence against him in any criminal trial, or proceeding against him thereafter taking place, other than a prosecution for perjury in the giving of that evidence.
R.S. 1970, c. 14 (1st Supp.), s. 85.
Production of writ, etc., not required in suits
275. (1) It is not necessary, on the trial of a suit or prosecution under this Act, to produce the writ of election or the return thereof, or the authority of the returning officer founded on the writ, but general evidence of those facts is sufficient evidence.
If notified, Chief Electoral Officer to produce election documents, etc.
(2) Where original election documents are required at any trial of any suit or prosecution under this Act,
(a) the court having cognizance of the proceedings may, at the instance of any of the parties thereto, order the Chief Electoral Officer to cause them to be produced on or before the day fixed for the trial; and
(b) the Chief Electoral Officer shall cause those election documents to be deposited with the court in such manner as the court or judge may order.
R.S. 1970, c. 14 (1st Supp.), s. 86.
Criminal court may allow costs to prosecutor
276. (1) Any court of criminal jurisdiction before which a prosecution is instituted for an offence against this Act may order payment by the defendant to the prosecutor of such costs and expenses as appear to the court to have been reasonably incurred in and about the conduct of the prosecution.
Prior recognizance required
(2) A court shall not make an order pursuant to subsection (1) unless the prosecutor before or on the laying of the information enters into a recognizance with two sufficient sureties, in the sum of five hundred dollars, and to the satisfaction of the court, to conduct the prosecution with effect and to pay the defendant his costs in case he is acquitted.
Costs in cases of private prosecution
(3) In case of an information by a private prosecutor for an offence against this Act, if judgment is given for the defendant, he is entitled to recover from the prosecutor the costs sustained by the defendant by reason of the proceedings, which costs shall be taxed by the proper officer of the court in which the judgment is given.
R.S. 1970, c. 14 (1st Supp.), s. 87.
Evidence
277. In any criminal or civil proceeding in relation to an offence against this Act, the certificate of the returning officer is sufficient evidence of the due holding of the election and of any person named in the certificate having been a candidate thereat.
R.S. 1970, c. 14 (1st Supp.), s. 88.
Person liable summoned to court
278. (1) Where it appears to the court or judge trying an election petition that any person has contravened any provision of this Act, for which contravention the person is liable to a fine or penalty other than the fines or penalties imposed for any offence amounting to an indictable offence, the court or judge may order that the person be summoned to appear before the court or judge at the place, day and hour fixed in the summons for hearing the charge.
Penalty for disobeying summons
(2) Where, on the day fixed in a summons ordered pursuant to subsection (1), the person summoned does not appear, he may be condemned, on the evidence already adduced on the trial of the election petition, to pay such fine or penalty as he is liable to pay for that contravention and, in default of paying the fine or penalty, to the imprisonment prescribed in such case by this Act.
Trial
(3) Where, on the day fixed in a summons ordered pursuant to subsection (1), the person summoned does appear, the court or judge, on being satisfied by information on oath and after hearing the person and such evidence as is adduced, shall give judgment in accordance with this Act and the merits of the case.
Appropriation of fines
(4) All fines and penalties recovered under subsections (1), (2) and (3) belong to Her Majesty in right of Canada and shall be paid by the person who receives them to the Receiver General.
R.S. 1970, c. 14 (1st Supp.), s. 89.
Limitation of time for prosecutions and suits
279. (1) Notwithstanding anything in the Criminal Code, every prosecution for an offence under this Act, and every action, suit or proceeding for any pecuniary penalty given by this Act to any person aggrieved or to any person suing therefor, shall
(a) be commenced, subject to subsection (2), within eighteen months next after the day on which the offence was committed or on which the action, suit or proceeding might first have been brought or taken, and not afterwards; and
(b) when commenced, be proceeded with and carried on without wilful delay.
No prosecution without complaint
(2) Except for prosecutions commenced by the Commissioner on his own initiative where no complaint has been received, no prosecution for an offence against this Act may be commenced unless a complaint in writing alleging that the offence has been committed has been received by the Commissioner within six months from the commission of the offence.
Exceptions
(3) Notwithstanding subsection (1),
(a) where a prosecution, action, suit or proceeding referred to in that subsection is prevented by the withdrawal or absconding of the defendant out of the jurisdiction of the court, the prosecution, action, suit or proceeding may be commenced within one year after his return; and
(b) a prosecution, suit or proceeding against a returning officer pursuant to section 194 for wilful delay, neglect or refusal to return a candidate as elected shall be commenced within six months after the conclusion of the trial of the petition relating to the action.
R.S. 1970, c. 14 (1st Supp.), s. 90; 1980-81-82-83, c. 164, s. 16.
ADVANCE POLLS
Establishment of advance polling districts
280. (1) Each returning officer shall, as directed by the Chief Electoral Officer, establish, in his or her electoral district, advance polling districts that group polling divisions.
Description of districts
(1.1) The returning officer shall give the Chief Electoral Officer a description of each advance polling district that has been established.
Establishment of advance polling station
(2) An advance polling station shall be established in each advance polling district established under subsection (1).
Combining advance polling districts
(3) Where a request is made to a returning officer not later than four days after the date of issue of the writ, the returning officer may, with the prior permission of the Chief Electoral Officer, combine any two advance polling districts in the returning officer’s electoral district.
(4) [Repealed]
Request for advance polling station
(5) Any request for the establishment of an advance polling station in a place not specifically provided for in subsection (2) shall be made to the returning officer not later than four days after a writ has been issued for an election and thereupon the returning officer may, with the prior permission of the Chief Electoral Officer, provide for the establishment of an advance polling station at that place.
Level access
(6) Subject to subsection (7), a returning officer shall locate an advance polling station in premises with level access.
Exception
(7) Where a returning officer is unable to secure suitable premises with level access to be used as an advance polling station, the returning officer may, with the prior approval of the Chief Electoral Officer, locate the advance polling station in premises without level access.
R.S. 1970, c. 14 (1st Supp.), s. 91; 1977-78, c. 3, s. 49; 1980-81-82-83, c. 96, s. 12; 1992, c. 21, s. 28; 1993, c. 19, s. 115, 116; 1996, c. 35, s. 57.
Registration at advance polling station
280.1 (1) Every elector whose name is not on the list of electors may register in person before the deputy returning officer in the advance polling station where the elector is qualified to vote.
Conditions
(2) Subject to subsection (3), an elector referred to in subsection (1) may not register unless the elector provides proof of his or her identity and address by documents of a class determined by the Chief Electoral Officer.
Rural polling divisions
(3) In the case of an elector referred to in subsection (1) who resides in a rural polling division, the elector may also register if an elector who ordinarily resides in the same polling division as the elector and whose name appears on the list of electors attends with the elector at the polling station and vouches for the elector under oath in the prescribed form and if the elector also takes an oath in the prescribed form.
Registration certificate
(4) Where the elector satisfies the requirements of subsection (2) or (3), the deputy returning officer shall complete a registration certificate in the prescribed form and the elector shall sign it.
Entry
(5) The deputy returning officer shall indicate on the prescribed form the names of the electors who are permitted to vote pursuant to this section.
Offence
(6) Every elector is guilty of an illegal practice and of an offence who vouches for an applicant elector knowing that the applicant is for any reason disqualified from voting in the polling division at the election.
1996, c. 35, s. 58.
List deemed to be modified
280.2 Where a registration certificate is delivered in accordance with section 280.1, the list of electors is deemed, for the purposes of this Act, to have been modified in accordance with the certificate.
1996, c. 35, s. 58.
Advance polls conducted as ordinary polls
281. (1) Except as provided in this section and sections 280, 280.1, 280.2, 282, 285 and 286 to 290, advance polls shall be established, held, conducted and officered in the same manner as ordinary polling stations, and shall be regarded as such for all purposes of this Act.
When advance polls to be open
(2) Advance polls shall be open between the hours of 12:00 p.m. and 8:00 p.m. of Friday, Saturday and Monday, the tenth, ninth and seventh days before the ordinary polling day, and shall not be open at any other time.
R.S. 1970, c. 14 (1st Supp.), s. 92; 1977-78, c. 3, s. 50; 1996, c. 35, s. 59.
Notice of advance poll
282. Each returning officer shall, not later than Saturday, the sixteenth day before polling day,
(a) give a notice in the electoral district of the advance poll, in the prescribed form, setting out
(i) the numbers of the polling divisions comprised in every advance polling district established by the returning officer,
(ii) the location of each advance polling station,
(iii) the place where the deputy returning officer of each advance polling station shall count the number of votes cast at the polling station, and
(iv) that the counting referred to in subparagraph (iii) shall take place on polling day as soon after the close of the polls as possible; and
(b) send
(i) two copies of the notice to each candidate, and
(ii) two copies of the notice to the Chief Electoral Officer.
R.S. 1970, c. 14 (1st Supp.), s. 92; 1977-78, c. 3, s. 50, 64; 1993, c. 19, s. 117; 1996, c. 35, s. 60.
Who may vote at advance polls
283. (1) Any elector whose name appears on the list of electors prepared for a polling division comprised in an advance polling district may vote at the advance polling station established in the advance polling district.
Elector not allowed to vote
(2) An elector shall not be allowed to vote if the elector’s name does not appear on the revised list of electors, unless
(a) the deputy returning officer has ascertained with the returning officer that the elector is listed on the preliminary list of electors or was revised; or
(b) the elector has obtained a registration certificate in accordance with section 280.1.
Proof of identity
(3) An elector referred to in paragraph (2)(a) shall be allowed to vote only if the elector has provided the deputy returning officer with satisfactory proof of the elector’s identity.
Procedure by poll clerk
(4) Where an elector whose name does not appear on the revised list of electors has voted, the poll clerk shall indicate on the prescribed form that the elector has voted without the elector’s name being on the list.
R.S. 1970, c. 14 (1st Supp.), s. 93; 1977-78, c. 3, s. 51; 1993, c. 19, s. 117; 1996, c. 35, s. 61.
284. [Repealed]
1977-78, c. 3, s. 52; 1993, c. 19, s. 118.
Duties of deputy returning officer respecting voting at an advance poll
285. (1) Where a person whose name appears on the list of electors prepared for a polling division comprised in an advance polling district applies to the deputy returning officer at the advance polling station established in that advance polling district, the deputy returning officer shall allow the person to vote, unless
(a) the deputy returning officer, the poll clerk or any agent of a candidate present at the advance polling station requires that the person take an oath in the form prescribed pursuant to subsection 122(2) and the person refuses to do so; or
(b) the person refuses to sign the record of votes cast at an advance poll referred to in subsection (3), as directed by the poll clerk pursuant to that subsection.
(2) [Repealed]
Record of votes cast at advance poll
(3) The poll clerk at the advance poll shall, under the direction of the deputy returning officer, keep a record in duplicate, in the prescribed form, of the names of all persons who vote at the advance poll, in this Act referred to as a record of votes cast at an advance poll, in the order in which they vote, and shall
(a) mark on the form the notations that the poll clerk is required by this Act to make opposite the elector’s name at an ordinary polling station; and
(b) direct the elector to sign the form opposite the elector’s name on it.
R.S. 1970, c. 14 (1st Supp.), s. 94; 1977-78, c. 3, s. 53; 1993, c. 19, s. 119.
Examining and sealing of ballot box
286. (1) At the opening of an advance poll at noon on the first day of voting, the deputy returning officer shall, in full view of the candidates or their agents who are present,
(a) open the ballot box and ascertain that there are no ballot papers or other papers or material contained in the ballot box;
(b) seal the ballot box with the seals prescribed by the Chief Electoral Officer; and
(c) place the ballot box on a table in full view of all present and keep it so placed until the close of the advance poll on that day of voting.
Re-opening of advance poll
(2) At the re-opening of the advance poll at noon of the second and third days of voting, the deputy returning officer shall, in full view of the candidates or their agents who are present,
(a) unseal and open the ballot box, leaving the special envelope or envelopes containing the ballot papers spoiled or cast on the previous day or days of voting unopened in the ballot box;
(b) take out and open the special envelope containing the unused ballot papers and the Record of Votes Cast at an Advance Poll; and
(c) seal the ballot box and place it on the table as prescribed in subsection (1).
Proceedings at close of advance poll each day of voting
(3) At the close of the advance poll at 8:00 p.m. on each of the three days of voting, the deputy returning officer shall, in full view of the candidates or their agents who are present,
(a) unseal and open the ballot box;
(b) empty the ballot papers cast during the same day of voting, in such manner as not to disclose for whom any elector has voted, into a special envelope supplied for that purpose, seal the envelope with a seal prescribed by the Chief Electoral Officer and indicate on the envelope the number of ballot papers;
(c) count the spoiled ballot papers, if any, place them in the special envelope supplied for that purpose, seal the envelope and indicate on the envelope the number of spoiled ballot papers; and
(d) count the unused ballot papers and the names of all persons who have voted at the advance poll, as shown in the record of votes cast at an advance poll, and place the unused ballot papers and a copy of the record in the special envelope supplied for that purpose, seal the envelope with a seal prescribed by the Chief Electoral Officer and indicate on the envelope the number of unused ballot papers and the number of persons who have voted at the advance poll.
Affixing of signatures
(4) The deputy returning officer and poll clerk shall, and the candidates or their agents who are present may affix their signatures on the seals affixed to the special envelopes referred to in this section before those envelopes are placed in the ballot box, whereupon the deputy returning officer shall seal the ballot box as prescribed in subsection (1).
Custody of ballot box
(5) In the intervals between voting hours at the advance poll and until the counting of the ballots begins as prescribed in subsection 287(2), the deputy returning officer shall keep the ballot box in the deputy returning officer’s custody, sealed in the manner prescribed in subsection (1), and those candidates or their agents who are present at the close of the advance poll on each of the three days of voting may, if they so desire, take note of the serial number on the seal used for sealing the ballot box, and may again take note of that serial number at the re-opening of the advance poll on the second and third days of voting and at the counting of the votes in the evening of polling day.
R.S. 1970, c. 14 (1st Supp.), s. 95; 1977-78, c. 3, s. 54; 1993, c. 19, s. 120.
Collecting of Record of Votes Cast at an Advance Poll
287. (1) As soon as possible after the close of advance polls at 8:00 p.m. on Monday, the seventh day before the ordinary polling day, the returning officer shall cause to be collected the original copy of the Record of Votes Cast at an Advance Poll, in the most expeditious manner available, from the deputy returning officer of every advance polling station established in his or her electoral district.
Counting of votes cast at an advance poll
(2) The deputy returning officer shall, at the closing of the polls on polling day, attend with the poll clerk at the place mentioned in the notice of advance poll, given pursuant to paragraph 282(a), and there, in the presence of those candidates and their agents who may attend, open the ballot box and the sealed envelopes containing ballot papers, count the votes and take all other proceedings that, pursuant to this Act, are to be taken by deputy returning officers and poll clerks in connection with the conduct of an election after the close of the ordinary poll, except that the statements and other documents that are required by other provisions of this Act to be made and to be written in or attached to the official list of electors shall be made in a special book of statements and oaths relating to advance polls prescribed by the Chief Electoral Officer.
R.S. 1970, c. 14 (1st Supp.), s. 95; 1977-78, c. 3, s. 54; 1993, c. 19, s. 121; 1996, c. 35, s. 62.
Provisions applicable to advance polls
288. Subject to sections 280 to 287 and 290, the provisions of this Act relating to ordinary polls, except subsection 79(3), shall in so far as they are applicable apply to advance polls.
R.S. 1970, c. 14 (1st Supp.), s. 95; 1993, c. 19, s. 122.
Offence
289. Every person is guilty of an offence who, in any manner whatever, makes a count of the votes cast at an advance poll except at the time and in the manner provided in section 287.
R.S. 1970, c. 14 (1st Supp.), s. 95.
Striking from lists of electors names of persons who have voted at advance polls
290. (1) As soon as the returning officer has collected the Records of Votes Cast at an Advance Poll pursuant to subsection 287 (1), and before the lists of electors are placed in the ballot boxes to be distributed to ordinary polling stations, he shall strike off those lists the names of all electors appearing in those Records.
Where lists already distributed
(2) Where the ballot boxes have been distributed to the ordinary polling stations before the returning officer has collected the Records of Votes Cast at an Advance Poll, he shall notify each deputy returning officer concerned by the best means available of the names of electors appearing in the Record of Votes Cast at an Advance Poll that are on the list of electors for his polling station and shall instruct him to strike those names off that list, and each deputy returning officer so instructed shall forthwith comply with those instructions.
Name inadvertently struck off
(3) Where, in complying with subsections (1) and (2), the name of an elector is inadvertently struck off a list of electors, the elector concerned shall be allowed to vote on the ordinary polling day on taking an oath, in the form prescribed pursuant to subsection 122(1), after the deputy returning officer or the poll clerk has communicated with the returning officer to ascertain if such a mistake has really been made.
(4) [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 96; 1977-78, c. 3, s. 55 and 64; 1996, c. 35, s. 63.
291. [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 97; 1977-78, c. 3, s. 56; 1980-81-82-83, c. 96, s. 13; 1993, c. 19, s. 123.
292. [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 97; 1977-78, c. 3, s. 56; 1980-81-82-83, c. 96, s. 13; 1993, c. 19, s. 123.
293. [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 97; 1977-78, c. 3, s. 56; 1993, c. 19, s. 123.
294. [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 97; 1977-78, c. 3, s. 56; 1992, c. 21, s. 29; 1993, c. 19, s. 123.
295. [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 97; 1977-78, c. 3, s. 56; 1993, c. 19, s. 123.
296. [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 97; 1977-78, c. 3, s. 56; 1993, c. 19, s. 123.
297. [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 97; 1977-78, c. 3, s. 56; 1993, c. 19, s. 123.
298. [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 97; 1977-78, c. 3, s. 56; 1993, c. 19, s. 123.
299. [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 97; 1977-78, c. 3, s. 56; 1993, c. 19, s. 123.
300. [Repealed]
R.S. 1970, c. 14 (1st Supp.), s. 97; 1977-78, c. 3, s. 56; 1993, c. 19, s. 123.
Offence
301. Every person who contravenes any of sections 280 to 287 is guilty of an offence.
1977-78, c. 3, s. 56; 1993, c. 19, s. 123.
SUPPLEMENTAL PROVISIONS
Persons ineligible to act as Election Officers
Who shall not be appointed election officers
302. (1) Subject to this section, none of the following persons shall be appointed as election officers:
(a) members of the Queen’s Privy Council for Canada or of the executive council of a province;
(b) members of the Senate or of the Legislative Council of any province;
(c) members of the House of Commons or the Legislative Assembly of a province or of the Council of the Yukon Territory or the Northwest Territories;
(d) judges and deputy judges of any superior, county or district court or any bankruptcy or insolvency court and, in the Yukon Territory and the Northwest Territories, police magistrates;
(e) persons who have served in Parliament in the session immediately preceding the election or in the session in progress at the time of the election; and
(f) persons who have been found guilty by the House of Commons, or by any court for the trial of controverted elections, or other competent tribunal, of any offence or dereliction of duty in contravention of this Act or any provincial Act relating to elections, or under the Disfranchising Act.
Qualifications
(2) No person shall be appointed as a returning officer, assistant returning officer, deputy returning officer, poll clerk, revising agent, registration officer or central poll supervisor unless the person is qualified as an elector in the electoral district in which the person is to act.
Exception
(2.1) Where a returning officer finds it impossible to apply the requirements of subsection (2), the returning officer may, with the approval of the Chief Electoral Officer, appoint as those officers
(a) Canadian citizens who have attained the age of sixteen years and who reside in the electoral district; or
(b) persons who are qualified as electors, notwithstanding that they do not reside in the electoral district within which they are to act.
Age of returning officer
(3) No person shall be appointed as a returning officer unless he has attained the age of twenty-one years.
No contributions, etc. by returning officers
(4) Returning officers shall not, while in office, belong to or make a direct contribution to, be an employee of, or hold a position in a registered party or a political party seeking registration.
R.S. 1970, c. 14 (1st Supp.), s. 98; 1977-78, c. 3, s. 57; R.S. 1985, c. 27 (1st Supp.), s. 203; 1993, c. 19, s. 124; 1996, c. 35, s. 64.
Political Broadcasts
No broadcasts outside Canada
303. (1) Every person who, with intent to influence persons to give or refrain from giving their votes at an election, uses, aids, abets, counsels or procures the use of any broadcasting station outside Canada, during an election, for the broadcasting of any matter having reference to an election, is guilty of an illegal practice and of an offence.
Idem
(2) Where a candidate, his official agent or any other person acting on behalf of the candidate, with the candidate’s actual knowledge and consent, broadcasts outside Canada a speech or any entertainment or advertising program during an election, in favour or on behalf of any political party or any candidate at an election, the candidate is guilty of an illegal practice and of an offence.
Punishment
(3) Every person who is guilty of an offence referred to in subsection (1) or (2) is liable on summary conviction to a fine not exceeding five thousand dollars.
R.S. 1970, c. 14 (1st Supp.), s. 99; 1973-74, c. 51, s. 13.
Convening of representatives
304. (1) Within
(a) ninety days following polling day at every general election, and
(b) fourteen days from the day the Broadcasting Arbitrator dies, becomes incapacitated, resigns or is removed from office, except where that day occurs during a general election,
the Chief Electoral Officer shall convene a meeting of two representatives, designated in writing by the leader of the party, of each registered party represented in the House of Commons at that time, or, if Parliament is then dissolved, at the time of dissolution, for the purpose of commencing consultations with a view to selecting a person to be appointed Broadcasting Arbitrator.
Chairman
(2) The Chairman at the meeting referred to in subsection (1) and at all consultations held pursuant to that subsection shall be a person designated by the Chief Electoral Officer.
Report
(3) The representatives of the registered parties referred to in subsection (1) shall,
(a) where they are convened pursuant to paragraph (1)(a), not later than six weeks after the date of the meeting referred to in subsection (1), and
(b) where they are convened pursuant to paragraph (1)(b), not later than four weeks after the date of the meeting referred to in subsection (1),
make the results of their consultations known to the Chief Electoral Officer in a report in writing signed by each of them.
Unanimous selection
(4) Where the representatives of the registered parties referred to in subsection (1) are unanimous in their selection of a Broadcasting Arbitrator, the person selected shall forthwith be appointed Broadcasting Arbitrator by the Chief Electoral Officer.
Chief Electoral Officer decides if no selection
(5) Where the representatives of the registered parties referred to in subsection (1) are unable to reach a unanimous decision respecting the selection of a Broadcasting Arbitrator, the selection and appointment of the Broadcasting Arbitrator shall be made thereafter by the Chief Electoral Officer.
1973-74, c. 51, s. 14; 1977-78, c. 3, s. 58; 1980-81-82-83, c. 164, s. 17.
Term of office
305. (1) The term of office of every Broadcasting Arbitrator shall expire six months after polling day at the general election next following his appointment.
Removal for cause
(2) A Broadcasting Arbitrator may only be removed from office by the Chief Electoral Officer for cause.
Eligible for re-appointment
(3) A Broadcasting Arbitrator whose term of office has expired is eligible to be re-appointed as Broadcasting Arbitrator.
Salary
(4) A Broadcasting Arbitrator shall be paid such salary or other amount by way of remuneration as may be fixed by the Chief Electoral Officer.
1980-81-82-83, c. 164, s. 17.
Vacancy during election
306. In the event of the death, incapacity, resignation or removal of the Broadcasting Arbitrator during a general election, the Chief Electoral Officer shall forthwith select and appoint a new Broadcasting Arbitrator.
1980-81-82-83, c. 164, s. 17.
Broadcasting time to be provided to registered parties
307. (1) In the period beginning on Sunday, the twenty-ninth day before polling day at a general election and ending on the second day before polling day, every broadcaster shall, subject to the regulations made pursuant to the Broadcasting Act and the conditions of its licence, make available for purchase by all registered parties for the transmission of political announcements and other programming produced by or on behalf of the registered parties an aggregate of six and one-half hours of broadcasting time during prime time on its facilities.
Where broadcaster is affiliated with network
(2) Where a broadcaster is affiliated with a network, such part of the broadcasting time to be made available under subsection (1) as may be determined by agreement between the broadcaster and the network operator shall be made available by the network operator during the portion of the broadcaster’s prime time broadcasting schedule that has been delegated to the control of the network operator.
1980-81-82-83, c. 164, s. 17.
Request for meeting
308. (1) The chief agent of any registered party may, at any time after the Broadcasting Arbitrator has been in office for sixty days, request in writing that the Broadcasting Arbitrator convene a meeting of representatives of all registered parties for the purpose of commencing consultations with a view to allocating the broadcasting time to be made available under section 307.
Meeting convened
(2) Within thirty days after the receipt of a request referred to in subsection (1) or, if no request is received within six months after the commencement of his term of office, the Broadcasting Arbitrator shall contact the chief agent or leader of all registered parties and convene a meeting of representatives of those parties for the purpose of commencing consultations with a view to allocating the broadcasting time to be made available under section 307.
Chairman
(3) The Broadcasting Arbitrator shall act as Chairman at the meeting referred to in subsection (2) and at all consultations held pursuant to that subsection.
1980-81-82-83, c. 164, s. 17.
No allocation
309. (1) A registered party that, subsequent to being contacted pursuant to subsection 308(2),
(a) indicates in writing to the Broadcasting Arbitrator that it does not wish to be allocated any of the broadcasting time to be made available under section 307, or
(b) fails to communicate to the Broadcasting Arbitrator its intentions regarding the allocation of the broadcasting time to be made available under section 307 and fails to have its representative attend the meeting referred to in subsection 308(2),
shall not be allocated, under this section, any of the broadcasting time to be made available under section 307.
Agreement on allocation
(2) Where, pursuant to consultations between the representatives of the registered parties, other than registered parties referred to in subsection (1), a unanimous agreement on the allocation of the broadcasting time to be made available under section 307 is reached, that allocation shall be binding on all registered parties.
Broadcasting Arbitrator decides where no agreement
(3) Where no unanimous agreement on the allocation of the broadcasting time to be made available under section 307 is reached within four weeks after the meeting referred to in subsection 308(2), the broadcasting time to be made available under section 307 shall be allocated by the Broadcasting Arbitrator, which allocation shall be final and binding on all registered parties.
1980-81-82-83, c. 164, s. 17.
Factors in allocation
310. (1) Subject to subsections (2) to (4), in allocating, under section 309, the broadcasting time to be made available under section 307, the Broadcasting Arbitrator shall give equal weight to
(a) the percentage of seats in the House of Commons held by each of the registered parties at the previous general election, and
(b) the percentage of the popular vote at the previous general election of each registered party,
and he shall give half the weight given to each of the factors referred to in each of paragraphs (a) and (b) to the number of candidates endorsed by each of the registered parties at the previous general election expressed as a percentage of all candidates endorsed by all registered parties at that election.
No allocation in excess of 50 per cent
(2) In no case shall the Broadcasting Arbitrator allocate to any registered party more than fifty per cent of the aggregate of the broadcasting time to be made available under section 307.
Allocation of time in excess of 50 per cent
(3) Where an allocation determined in accordance with subsection (1) would, but for subsection (2), result in the receipt by a registered party of more than fifty per cent of the aggregate of the broadcasting time to be made available under section 307, the Broadcasting Arbitrator shall allocate that excess broadcasting time to the other registered parties entitled to broadcasting time under that section on a proportionate basis.
Discretion re allocation
(4) Where the Broadcasting Arbitrator considers that an allocation determined in accordance with subsection (1) would be unfair to any of the registered parties or contrary to public interest, he may, subject to subsections (2) and (3), modify the allocation in any manner he deems fit and the modified allocation shall constitute his allocation under section 309.
Notification of allocation
(5) The Broadcasting Arbitrator shall, as soon as possible, by notice in writing notify
(a) every registered party, and
(b) every political party whose application for registration has been accepted, either before or after the allocation, by the Chief Electoral Officer
of every allocation made by him or by the registered parties under this section and section 309 and in that notice he shall, in the case of a political party referred to in paragraph (b), advise the political party that it has thirty days from the receipt thereof to request that broadcasting time be made available to it, for purchase, under section 311.
1980-81-82-83, c. 164, s. 17.
New parties entitled to broadcasting time
311. (1) Subject to subsection (4), every political party referred to in paragraph 310(5)(b) that makes a request as described in subsection 310(5) within the time referred to in that subsection is entitled to purchase broadcasting time in an amount equal to the lesser of
(a) the smallest portion of broadcasting time to be made available under section 307 allocated to any registered party pursuant to sections 309 and 310, and
(b) six minutes.
Parties not entitled to time
(2) A political party referred to in paragraph 310(5)(b) that
(a) indicates in writing that it does not wish any broadcasting time under this section, or
(b) fails to make a request as described in subsection 310(5) within the time referred to in that subsection,
is not entitled to have any broadcasting time made available to it under this section.
Broadcasting time to be provided to new political parties
(3) In addition to the broadcasting time to be made available under section 307, and within the period referred to in that section, every broadcaster shall, subject to the regulations made pursuant to the Broadcasting Act and to the conditions of its licence, make available, for purchase by every political party entitled to broadcasting time under this section, broadcasting time in the amount determined under this section for the political party for the transmission of political announcements and other programming produced by or on behalf of the political party during prime time on that broadcaster’s facilities.
Maximum thirty-nine minutes
(4) The maximum amount of broadcasting time available for purchase by political parties under this section is thirty-nine minutes and once that amount of broadcasting time is reached all entitlement under this section shall be altered or established to be of whatever number of minutes or portions thereof is necessary so that all political parties requesting time under this section receive the same amount of time within the thirty-nine minute limit.
1980-81-82-83, c. 164, s. 17.
Reallocation if de-registration
312. (1) Where, subsequent to an allocation of the broadcasting time to be made available under section 307, a registered party is deleted from the register, the Broadcasting Arbitrator shall, within two weeks of the deletion, convene the representatives of the remaining registered parties to whom broadcasting time has been allocated for the purpose of reallocating that party’s allocated broadcasting time.
Exception
(2) Where the deletion from the register of a registered party occurs after the issue of the writs for a general election, that party’s allocated broadcasting time shall not be reallocated.
1980-81-82-83, c. 164, s. 17.
Broadcasters to be notified
313. (1) The Broadcasting Arbitrator shall notify the Canadian Radio-television and Telecommunications Commission of every allocation under sections 309 and 310 and every entitlement under section 311 as soon as possible after the making or the requesting thereof and the Canadian Radio-television and Telecommunications Commission shall notify every broadcaster and every network operator of every such allocation and entitlement forthwith thereafter and again immediately after the issue of the writs for the next general election.
Information to parties
(2) The Broadcasting Arbitrator shall, on request, provide all registered parties and all political parties referred to in paragraph 310(5)(b) with the names and addresses of all broadcasters and network operators.
1980-81-82-83, c. 164, s. 17.
Annual review
314. (1) In each of the calendar years following the calendar year in which an allocation of broadcasting time has been made under sections 309 and 310 or a political party has requested and is entitled to broadcasting time under section 311, the Broadcasting Arbitrator shall convene and chair a meeting of the representatives of all registered parties to review the allocation or entitlement.
Reduction to six and one-half hours
(2) Where, at any meeting referred to in subsection (1), it is determined that the total broadcasting time allocated or requested under sections 309, 310 and 311 exceeds six and one-half hours, the Broadcasting Arbitrator shall reduce the allocated or requested time to six and one-half hours on a proportionate basis and that reduction shall be final and binding on all registered parties and political parties.
1980-81-82-83, c. 164, s. 17.
Notice of preference by party
315. (1) Each registered party and each political party entitled to purchase broadcasting time under this Act shall, not later than ten days after the issue of the writs for a general election, send a notice in writing to each broadcaster and each network operator from whom it intends to purchase broadcasting time setting out its preference as to the proportion of commercial time and of program time to be made available to it, and the days on which and the hours in which that time as so proportioned is to be made available but at no time shall that party obtain broadcasting time before the fifth day after the notice is received by the broadcaster.
Consultation to reach agreement
(2) Every broadcaster or network operator who receives a notice referred to in subsection (1) shall, within two days after its receipt, consult with representatives of the registered party or political party that sent the notice for the purpose of reaching an agreement on the requests contained in it.
Where no agreement
(3) Where no agreement is reached under subsection (2) within two days after the commencement of the consultation required by that subsection, the matter shall be referred to the Broadcasting Arbitrator who shall forthwith decide on the requests and give notice of his or her decision to the broadcaster or network operator and the representatives of the registered party or political party that made the requests.
Factors in decision
(4) In making any decision under subsection (3), the Broadcasting Arbitrator shall take into account the following principles:
(a) that each registered party and each political party should have the freedom and flexibility to determine the proportion of commercial time and program time to be made available to it and the days on which and the hours in which that time as so proportioned should be made available; and
(b) that any broadcasting time to be made available to any registered party or political party should be made available fairly throughout prime time.
Decision binding
(5) A decision of the Broadcasting Arbitrator pursuant to subsection (3) shall be final and binding on the registered party or political party, as the case may be, and the broadcaster or network operator.
1973-74, c. 51, s. 14; 1977-78, c. 3, s. 58.1; 1980-81-82-83, c. 164, s. 17; 1996, c. 35, s. 65.
Free broadcasting time
316. (1) In the period beginning on Sunday the twenty-ninth day before polling day at a general election and ending on the second day before polling day, every network operator
(a) that reaches a majority of those Canadians whose mother tongue is the same as that in which the network broadcasts,
(b) that is licensed with respect to more than a particular series of programs or type of programming, and
(c) that does not involve any distribution undertaking within the meaning of the Broadcasting Act
shall, subject to the regulations made pursuant to the Broadcasting Act and to the conditions of its licence, make available, at no cost, to the registered parties and political parties referred to in subsection (2), for the transmission of political announcements and other programming produced by or on behalf of those parties, broadcasting time as determined under that subsection.
Determination of free broadcasting time
(2) For the purposes of subsection (1), the minimum amount of broadcasting time a network operator is to make available shall be no less than the free broadcasting time made available by it in the twenty-nine days prior to polling day at the last general election, which broadcasting time shall be made available as follows, namely,
(a) two minutes to every registered party referred to in paragraph 309(1)(a) and every political party referred to in paragraph 311(2)(a); and
(b) the remainder to all registered parties that have been allocated any of the broadcasting time to be made available under section 307 and all political parties that have requested broadcasting time under section 311 in the proportion that their allocated or requested purchasable broadcasting time bears to the total broadcasting time allocated or requested under or pursuant to those sections.
Free time not election expense
(3) The commercial value of any free broadcasting time made available to a registered party or to a political party under this section shall not be taken into consideration in calculating its election expenses.
Determination of population reached
(4) For the purposes of subsection (1), a network is deemed to reach
(a) people resident within those areas served by broadcasting stations affiliated to the network that,
(i) in the case of A.M. radio stations, are enclosed by the night-time interference-free official contour of the stations,
(ii) in the case of F.M. radio stations, are enclosed by the fifty microvolt per metre official contour of the stations, and
(iii) in the case of television stations, are enclosed by the Grade B official contour of the stations; and
(b) people resident outside the areas described in paragraph (a) to whom the signals of broadcasting stations affiliated to the network are available via distribution undertakings licensed by the Canadian Radio-television and Telecommunications Commission.
1980-81-82-83, c. 164, s. 17; 1991, c. 11, s. 74.
Broadcasting Arbitrator to issue guidelines
317. The Broadcasting Arbitrator shall, not later than three days after the issue of writs for a general election, issue to all broadcasters and network operators
(a) a set of guidelines covering
(i) the allocation of or entitlement to broadcasting time under this Act,
(ii) the procedures for booking broadcasting time by registered parties and political parties, and
(iii) such other matters as may be pertinent to the conduct of broadcasters and network operators under this Act; and
(b) the guidelines provided to him by the Canadian Radio-television and Telecommunications Commission pursuant to section 318.
1980-81-82-83, c. 164, s. 17; 1996, c. 35, s. 66.
C.R.T.C. to provide guidelines to Arbitrator
318. The Canadian Radio-television and Telecommunications Commission shall, not later than two days after the issue of writs for a general election, prepare and send to the Broadcasting Arbitrator a set of guidelines respecting the applicability of the Broadcasting Act and the regulations made thereunder to the conduct of broadcasters and network operators in relation to a general election.
1980-81-82-83, c. 164, s. 17; 1996, c. 35, s. 67.
Offences
319. Every broadcaster or network operator who
(a) contravenes subsection 307(1), 311(3) or 316(1),
(b) fails to comply with any allocation of or entitlement to any broadcasting time under this Act, or
(c) makes available to a registered party or political party within the period described in subsection 307(1) broadcasting time in excess of that required to be made available by it to that party under an allocation under sections 309 and 310 or an entitlement under section 311 without making available to all other registered parties or political parties proportionate amounts of equivalent broadcasting time in excess of those required to be made available, having regard to the proportions established by the allocation of broadcasting time under sections 309 and 310 or the entitlements under section 311,
is guilty of an offence and liable on summary conviction to a fine not exceeding twenty-five thousand dollars.
1980-81-82-83, c. 164, s. 17.
Offence relating to excess time
320. Every person who charges a registered party or political party or any person acting on its behalf any amount whatever in respect of broadcasting time made available to the party within the period described in subsection 307(1) that is in excess of the time required to be made available to it under any allocation of broadcasting time established under sections 309 and 310 or any entitlement under section 311 is guilty of an offence and liable on summary conviction to a fine not exceeding twenty-five thousand dollars.
1980-81-82-83, c. 164, s. 17.
Offence relating to rates charged
321. Every person who charges a registered party, a political party or a candidate, or any person acting on behalf of the party or candidate,
(a) a rate for broadcasting time made available to the party or candidate in the period beginning on Sunday the twenty-ninth day before polling day at an election and ending on Saturday the second day before polling day that exceeds the lowest rate charged by him for an equal amount of equivalent time on the same facilities made available to any other person at any time within the period, or
(b) a rate for an advertisement in a periodical publication published or distributed and made public in the period referred to in paragraph (a) that exceeds the lowest rate charged by him for an equal amount of equivalent advertising space in the same issue of the periodical or in any other issue thereof published or distributed and made public in that period,
is guilty of an offence and liable on summary conviction to a fine not exceeding twenty-five thousand dollars.
1980-81-82-83, c. 164, s. 17.
Certification of amount
322. (1) On receipt of a registered party’s election expense return referred to in section 46 and the auditor’s report referred to in section 43 relating to the return, the Chief Electoral Officer shall, where a registered party has obtained, at the election in respect of which the return and report relate, a number of votes at least equal to
(a) two per cent of the number of valid votes cast at the election, or
(b) five per cent of the number of valid votes cast in the electoral districts in which the registered party endorsed a candidate,
transmit to the Receiver General in respect of the registered party a certificate setting out the amount that is twenty-two and one-half per cent of the amount of the registered party’s election expenses as disclosed in the return.
Payment out of C.R.F.
(2) On receipt of the certificate referred to in subsection (1), the Receiver General shall pay out of the Consolidated Revenue Fund to the registered party to whom the certificate relates the amount certified therein.
1980-81-82-83, c. 164, s. 17; 1996, c. 26, s. 1.
Broadcasting, publishing, etc.
322.1 No person shall broadcast, publish or disseminate the results of an opinion survey respecting how electors will vote at an election or respecting an election issue that would permit the identification of a political party or candidate from midnight the Friday before polling day until the close of all polling stations.
1993, c. 19, s. 125.
Notices
Notices, how given
323. (1) When any election officer is by this Act authorized or required to give a public notice and no special mode of notification is indicated, the notice may be by advertisement, placard, handbill or otherwise as he considers will best effect the intended purpose.
Posting up of notices, etc.
(2) Notices and other documents required by this Act to be posted up may, notwithstanding any law of Canada or of a province or of any municipal ordinance or by-law, be affixed by means of tacks or pins to any wooden fence situated on or adjoining any highway, or by means of tacks, pins, gum or paste on any post or pole situated on or adjoining any highway, and those documents shall not be affixed to fences or poles in any other manner.
R.S. 1970, c. 14 (1st Supp.), s. 100.
When polls lie in two time zones
324. In an electoral district in which two or more local times are observed, the hours of the day for every operation prescribed by this Act shall be determined by the returning officer with the approval of the Chief Electoral Officer, and those hours, after a notice to that effect has been published in the proclamation in Form 2, shall be uniform throughout the electoral district.
R.S. 1970, c. 14 (1st Supp.), s. 101; 1977-78, c. 3, s. 60.
Communication by Telegraph
Communication by telegraph
325. (1) Where it appears to the satisfaction of the Chief Electoral Officer, at a time when an election is about to be held, that necessary communication for the purposes of the election with or within any electoral district will probably be interrupted during the election by the severity of the season, or by the absence or severance, temporarily, of any other means of communication than that available by telegraph, he may direct that the writ of election and all necessary instructions, information, forms, proclamations, notices, appointments, reports, returns, other than the return of the returning officer as to the result of the election, and other election documents be transmitted to or within the electoral district to or by the returning officer, deputy returning officers and other election officers, by telegraph.
Order as to details
(2) The Chief Electoral Officer may make such order as to the details of the proceedings at or relating to an election to be so transmitted by telegraphic communication pursuant to subsection (1) as to him seems proper for best attaining the purpose of this section.
Telegrams repeated
(3) Every telegraphic communication referred to in this section shall be repeated by the person receiving it to the person transmitting it, in order to insure the correctness of the message received.
R.S. 1970, c. 14 (1st Supp.), s. 102.
Oaths and Solemn Affirmations
Oaths, by whom administered
326. (1) Where, in this Act, any oath, solemn affirmation, affidavit or statutory declaration is authorized or directed to be made, taken or administered, it shall be administered by the person who by this Act is expressly required to administer it and, if no particular person is required to administer it, then by the Chief Electoral Officer or a person designated by the Chief Electoral Officer in writing, the judge of any court, the returning officer, the assistant returning officer, a postmaster, a deputy returning officer, a poll clerk, a notary public, a provincial court judge, a justice of the peace or a commissioner for taking affidavits in the province.
No fees for oaths, etc.
(2) All oaths, solemn affirmations, affidavits or declarations administered pursuant to this Act shall be administered free of charge.
R.S. 1970, c. 14 (1st Supp.), s. 103; 1977-78, c. 3, s. 61; R.S. 1985, c. 27 (1st Supp.), s. 203; 1996, c. 35, s. 68.
Signed Pledges by Candidates Prohibited
Signed pledges by candidates prohibited
327. It is an illegal practice and an offence for any candidate for election as a member to sign any written document presented to him by way of demand or claim made on him by any person, persons or associations of persons, between the date of the issue of the writ of election and the date of polling, if the document requires the candidate to follow any course of action that will prevent him from exercising freedom of action in Parliament, if elected, or to resign as a member if called on to do so by any person, persons or associations of persons.
R.S. 1970, c. 14 (1st Supp.), s. 104.
Premature Publication of Election Results
Premature publication of results forbidden
328. (1) No person, company or corporation shall, in any electoral district before the hour fixed by or pursuant to this Act for the closing of the polls in that electoral district, publish the result or purported result of the polling in any electoral district in Canada by radio or television broadcast, by newspaper, news-sheet, poster, billboard or handbill or in any other manner.
Offence
(2) Any person, company or corporation that contravenes the provisions of this section and, in the case of a company or corporation, any person responsible for the contravention thereof, is guilty of an illegal practice and of an offence.
R.S. 1970, c. 14 (1st Supp.), s. 105.
By-Elections
Writ for late by-election superseded and withdrawn
329. Notwithstanding anything in this Act or any other Act, where a writ has been issued ordering a by-election to be held on a date subsequent to the dissolution of Parliament, the writ shall, after a notice to that effect has been published in the Canada Gazette by the Chief Electoral Officer, be deemed to have been superseded and withdrawn.
R.S. 1970, c. 14 (1st Supp.), s. 107.
Voting under Special Voting Rules
Special Voting Rules
330. The qualifications and entitlement to vote of the persons who, in the Special Voting Rules set out in Schedule II, are stated to be qualified and entitled to vote under those Rules, and the procedures for the taking, receiving, sorting and counting of the votes of those persons, are as set out in those Rules.
R.S. 1970, c. 14 (1st Supp.), s. 109.
Amendments
No amendment to apply to election for which writ is issued within six months, except after notice
331. (1) No amendment to this Act applies in any election for which the writ is issued within six months from the passing thereof unless, before the issue of the writ, the Chief Electoral Officer has published in the Canada Gazette a notice that the necessary preparations for the bringing into operation of the amendment have been made and that the amendment may come into force accordingly.
Consolidation of amendments
(2) It is the duty of the Chief Electoral Officer forthwith after the passing of any amendment to this Act to consolidate the amendment, so far as necessary, in the copies of the Act printed for distribution to returning officers, to correct and reprint all forms and instructions affected thereby and to publish a notice in the Canada Gazette as soon as copies of the Act and the forms and instructions have been so corrected and reprinted.
R.S. 1970, c. 14 (1st Supp.), s. 111.
Prescribed Forms
Prescribed forms to be tabled in House of Commons
332. A copy of each form prescribed by the Chief Electoral Officer pursuant to subsection 44(1) or 46(1) shall be laid before the House of Commons forthwith after the prescription thereof, or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting.
1973-74, c. 51, s. 15.
Elections of Members to the Council of the Northwest Territories and to the Council of the Yukon Territory
Agreement
333. (1) The Chief Electoral Officer may enter into an agreement with the Commissioner of the Northwest Territories to conduct elections of members of the Council of the Northwest Territories, in this section called "Northwest Territories elections", in accordance with the ordinances of the Northwest Territories relating to the conduct of those elections from time to time in force after the date the agreement comes into force.
Payment of election expenses
(2) Sections 198 to 207 apply, subject to such adaptations and modifications as the Chief Electoral Officer directs as being necessary by reason of conditions existing in the Northwest Territories to conduct effectively Northwest Territories elections, in respect of Northwest Territories elections conducted by the Chief Electoral Officer pursuant to an agreement under subsection (1) as though those elections were elections under this Act.
Reference to Chief Electoral Officer
(3) Where an agreement under subsection (1) is in force, the Commissioner of the Northwest Territories shall refer to the Chief Electoral Officer any ordinance relating to the conduct of Northwest Territories elections that is proposed to be enacted after the date the agreement comes into force.
Application of ordinances
(4) Notwithstanding anything in this Act or the Northwest Territories Act, where an agreement under subsection (1) is in force, no ordinance relating to the conduct of Northwest Territories elections applies in any such election for which the writ is issued within six months after the date the ordinance comes into force unless, before the issue of the writ, the Chief Electoral Officer has published in the Northwest Territories Gazette a notice that the necessary preparations for the bringing into operation of the ordinance have been made and that the ordinance may apply in that election.
R.S. 1970, c. 14 (1st Supp.), s. 112; 1973-74, c. 51, s. 16; 1974, c. 5, s. 17; 1977-78, c. 8, s. 1.
Agreement
334. (1) The Chief Electoral Officer may enter into an agreement with the Commissioner of the Yukon Territory to conduct elections of members of the Council of the Yukon Territory, in this section called "Yukon Territory elections", in accordance with the ordinances of the Yukon Territory relating to the conduct of those elections from time to time in force after the date the agreement comes into force.
Payment of election expenses
(2) Sections 198 to 207 apply, subject to such adaptations and modifications as the Chief Electoral Officer directs as being necessary by reason of conditions existing in the Yukon Territory to conduct effectively Yukon Territory elections, in respect of Yukon Territory elections conducted by the Chief Electoral Officer pursuant to an agreement under subsection (1) as though those elections were elections under this Act.
Reference to Chief Electoral Officer
(3) Where an agreement under subsection (1) is in force, the Commissioner of the Yukon Territory shall refer to the Chief Electoral Officer any ordinance relating to the conduct of Yukon Territory elections that is proposed to be enacted after the date the agreement comes into force.
Application of ordinances
(4) Notwithstanding anything in this Act or the Yukon Act, where an agreement under subsection (1) is in force, no ordinance relating to the conduct of Yukon Territory elections applies in any such election for which the writ is issued within six months after the date the ordinance comes into force unless, before the issue of the writ, the Chief Electoral Officer has published in the Yukon Gazette a notice that the necessary preparations for the bringing into operation of the ordinance have been made and that the ordinance may apply in that election.
R.S. 1970, c. 14 (1st Supp.), s. 113; 1973-74, c. 51, s. 16; 1974, c. 5, s. 18; 1977-78, c. 8, s. 2.
SCHEDULE I
(Section 2)
FORM 1
(Section 12)
WRIT OF
ELECTION
FORM 2
(Section 73)
PROCLAMATION
FORM 3
(Section 102)
FORM OF BALLOT
PAPER
Front
R.S. 1970, c. 14 (1st Supp.), Sch. I; 1974-75-76, c. 66, s. 5, 6; 1977-78, c. 3, s. 63.
SCHEDULE II
(Sections 2, 51.1, 55, 94, 168, 195, 330)
SPECIAL VOTING RULES
SHORT TITLE
Short title
1. These Rules may be cited as the Special Voting Rules.
1993, c. 19, s. 126.
Definitions
2. (1) In these Rules,
"Act"
« loi »
"Act" means the Canada Elections Act;
"administrative centre"
« centre
administratif »
"administrative centre" means an area designated pursuant to section 4 for the distribution of materials and the provision of information;
"application for registration and special ballot"
« demande d’inscription et de
bulletin de vote spécial »
"application for registration and special ballot" means an application completed by an elector, notably, an elector who is incarcerated in a correctional institution or an elector who is unable to attend at the polling station;
"Canadian Forces elector"
« électeur des Forces
canadiennes »
"Canadian Forces elector" means an elector who is qualified and entitled, under section 14, to vote under these Rules;
"commanding officer"
« commandant »
"commanding officer" means the commanding officer of a unit;
"coordinating department"
« ministère
coordonnateur »
"coordinating department" means the Department of Foreign Affairs and International Trade or the Minister responsible for corrections in each province;
"coordinating officer"
« agent coordonnateur »
"coordinating officer" means a person designated by the Minister of National Defence or the Minister responsible for corrections in each province;
"deputy returning officer"
« scrutateur »
"deputy returning officer" means an elector designated by a commanding officer or returning officer;
"elector"
« électeur »
"elector" means a person entitled to vote pursuant to the Act;
"enrol"
« enrôler »
"enrol" has the same meaning as in the National Defence Act;
"hours of the day"
« heures »
"hours of the day" and all other references to time relate to local time;
"inner envelope"
« enveloppe intérieure »
"inner envelope" means the envelope supplied by the Chief Electoral Officer in which a ballot paper is to be enclosed after the ballot paper has been marked and before the ballot paper is transmitted to the Chief Electoral Officer in an outer envelope;
"liaison officer"
« agent de liaison »
"liaison officer" means an elector designated by the Minister of National Defence or the Minister responsible for corrections in each province;
"outer envelope"
« enveloppe extérieure »
"outer envelope" means an envelope supplied by the Chief Electoral Officer for the transmission of a ballot paper after it has been marked and enclosed in an inner envelope;
"political purposes"
« fins politiques »
"political purposes" means for the purpose of enabling Members of the House of Commons to communicate with their constituents;
"polling day"
« jour du scrutin »
"polling day" means the date fixed pursuant to section 79 of the Act for holding the poll at an election;
"special ballot"
« bulletin de vote spécial »
"special ballot" means the ballot papers supplied to electors who are eligible under these Rules;
"special ballot officer"
« agent des bulletins de vote
spéciaux »
"special ballot officer" means a person appointed by the Chief Electoral Officer pursuant to section 6 or 7;
"special voting rules administrator"
« administrateur des
règles... »
"special voting rules administrator" means a person appointed pursuant to section 5;
"statement of ordinary residence"
« déclaration de résidence
ordinaire »
"statement of ordinary residence" means the statement completed by Canadian Forces personnel who are qualified and entitled to vote under these Rules;
"unit"
« unité »
"unit" has the same meaning as in the National Defence Act and includes a base, station or other element;
"validated application for registration and special
ballot"
« demande
certifiée d’inscription... »
"validated application for registration and special ballot" means that the electoral district has been entered on the application and signed by an authorized election officer;
"validated statement of ordinary residence"
« déclaration certifiée de
résidence... »
"validated statement of ordinary residence" means a statement of ordinary residence on which the electoral district of the elector has been entered;
"voting territory"
« territoire de vote »
"voting territory" means the area established by section 4.
Application
(2) The voting procedures contained in these Rules apply only in respect of a general election.
Idem
(3) The Chief Electoral Officer may by instructions adapt these Rules so that all or any part of them apply to a by-election.
1993, c. 19, s. 126; 1995, c. 5, s. 26.
PART I
ADMINISTRATION AND INITIAL PROCEDURES
General direction
3. (1) The Chief Electoral Officer shall exercise general direction and supervision over the administration of these Rules.
Instructions
(2) For the purpose of carrying into effect these Rules or in order to adapt these Rules in respect of a particular circumstance, the Chief Electoral Officer may issue any instructions that the Chief Electoral Officer may consider necessary in order to execute their intent.
1993, c. 19, s. 126.
Establishment of voting territories
4. For the purpose of these Rules, there is hereby established one voting territory with headquarters in Ottawa and the Chief Electoral Officer may establish any additional voting territories or administrative centres in or outside Canada that the Chief Electoral Officer considers appropriate.
1993, c. 19, s. 126.
Appointment of special voting rules administrator
5. (1) The Chief Electoral Officer shall appoint, in the prescribed form, a special voting rules administrator who is responsible for the supervision of the taking, receiving, sorting, counting and reporting of the votes of all electors who are eligible under these Rules.
Oath
(2) The special voting rules administrator shall, before taking office, take an oath of office in the prescribed form.
1993, c. 19, s. 126.
Appointment of special ballot officers
6. (1) Following the issue of the writs the Chief Electoral Officer shall appoint a minimum of six special ballot officers as follows:
(a) three on the nomination of the Prime Minister or a person designated in writing by the Prime Minister;
(b) two on the nomination of the Leader of the Opposition or a person designated in writing by the Leader of the Opposition; and
(c) one on the nomination of the Leader of the registered party having the third largest membership in the House of Commons as of the last general election or a person designated in writing by that Leader.
Appointment and oath of special ballot officers
(2) A special ballot officer shall be appointed in the prescribed form and take an oath of office in the prescribed form.
Voting by election officer
(3) Each election officer appointed pursuant to these Rules who is qualified to vote at an election in respect of which the person is appointed may vote under these Rules in the same manner as if the person were entitled to vote under these Rules.
Idem
(4) For the purpose of taking the vote of the officials referred to in subsection (3), the Chief Electoral Officer may appoint any persons who are necessary to act in the capacity of deputy returning officers.
Appointment of staff
(5) The Chief Electoral Officer shall appoint such staff for duty in the Chief Electoral Officer’s headquarters as the Chief Electoral Officer considers necessary for the purposes of these Rules and may authorize the returning officers to appoint such additional staff as they consider necessary.
Idem
(6) Staff shall
(a) be appointed in the prescribed form;
(b) take an oath of office in the prescribed form;
(c) be paid for services at such rate as may be fixed by the Governor in Council; and
(d) be discharged as soon as their services are no longer needed.
1993, c. 19, s. 126.
Appointment of additional special ballot officers
7. (1) Where the Chief Electoral Officer is of the opinion that the number of special ballot officers appointed pursuant to section 6 is insufficient, the Chief Electoral Officer shall appoint additional special ballot officers nominated, as nearly as possible, in the proportion and manner set out in subsection 6(1) and a special ballot officer so appointed shall take an oath of office in the prescribed form.
Decision of Chief Electoral Officer
(2) Where the registered parties do not nominate the additional special ballot officers pursuant to subsection (1) within twenty-four hours following notification by the Chief Electoral Officer, the Chief Electoral Officer shall make the necessary appointments.
1993, c. 19, s. 126.
Remuneration
8. Each special ballot officer shall be paid for services and, where applicable, travelling and living expenses in such amount or at such rate as may be fixed by the Governor in Council.
1993, c. 19, s. 126.
Administration of these Rules
9. For the administration of these Rules, the special voting rules administrator shall
(a) secure suitable premises;
(b) retain the oath of office of each special ballot officer;
(c) obtain from the liaison officers the lists prepared pursuant to subsection 61(1);
(d) obtain from the liaison officers the lists of the names of deputy returning officers that the commanding officers are required to furnish;
(e) distribute the required election materials and lists of the names of candidates;
(f) receive, validate, examine and sort the completed outer envelopes containing ballot papers marked by electors; and
(g) proceed with the counting of the votes cast by electors.
1993, c. 19, s. 126.
Liability of special ballot officer
10. Every special ballot officer who contravenes any provision of these Rules is guilty of an offence.
1993, c. 19, s. 126.
Form of special ballots
11. The special ballots supplied by the Chief Electoral Officer to electors who are eligible under these Rules shall be in the form of ballot paper set out at the end of these Rules.
1993, c. 19, s. 126.
Distribution of election materials, etc.
12. (1) As soon as possible after the issue of the writs, the special voting rules administrator shall distribute a sufficient quantity of the election materials, and as soon as possible after the close of nominations the special voting rules administrator shall distribute a sufficient quantity of the lists of the names of candidates to commanding officers and such other persons or places as the special voting rules administrator considers appropriate.
Political affiliation of candidate
(2) The Chief Electoral Officer shall set out after the name of each candidate in the list referred to in subsection (1) the political affiliation of the candidate in the manner set out in section 100 of the Act.
(3) [Repealed]
(4) [Repealed]
(5) [Repealed]
(6) [Repealed]
Transmission of lists of candidates
(7) As soon as possible after the nomination of candidates has closed, the Chief Electoral Officer shall transmit a sufficient number of copies of the list of the names of the candidates nominated in each electoral district to all liaison officers appointed under these Rules.
1993, c. 19, s. 126; 1996, c. 35, s. 69.
Availability of street indexes and guides to electoral districts
13. The street indexes and guides to electoral districts distributed pursuant to subsection 12(1) shall be made available for use by the deputy returning officers and liaison officers to enable them to determine the electoral district in which the elector is entitled to vote at the election.
1993, c. 19, s. 126.
PART II
QUALIFICATIONS AND ENTITLEMENT TO VOTE OF CANADIAN FORCES ELECTORS
Qualifications and Entitlement to Vote
Entitlement to vote
14. (1) Every member of the Canadian Forces who is qualified as an elector is entitled to vote under these Rules if the member is
(a) a member of the regular force of the Canadian Forces;
(b) a member of the reserve force of the Canadian Forces on full-time training or service or on active service; or
(c) a member of the special force of the Canadian Forces.
Civilian Canadian Forces electors
(2) Every civilian is a Canadian Forces elector qualified and entitled to vote under these Rules where the civilian is employed outside Canada by the Canadian Forces as a teacher in a Canadian Forces school or as administrative support staff for such schools and is qualified under the Act as an elector.
1993, c. 19, s. 126.
Limitations on Entitlement to Vote
Disqualification from voting
15. A member of the Canadian Forces who is subject to any disqualification set out in section 51 of the Act is disqualified from voting under these Rules.
1993, c. 19, s. 126.
Statements and declarations of ordinary residence
16. Notwithstanding section 14, a Canadian Forces elector is not entitled to vote under these Rules unless that person completes
(a) a statement of ordinary residence pursuant to section 19; and
(b) a declaration described in section 66.
1993, c. 19, s. 126.
Voting limited to electoral district of ordinary residence
17. A Canadian Forces elector is entitled to vote under these Rules only for a candidate at an election in the electoral district in which is situated the place of ordinary residence of the Canadian Forces elector as shown on the statement of ordinary residence made by that elector pursuant to section 19.
1993, c. 19, s. 126.
Procedure
18. Subject to section 73, a Canadian Forces elector is entitled to vote at an election only in accordance with the procedure set out in these Rules.
1993, c. 19, s. 126.
Statement of Ordinary Residence
Completion of statement of ordinary residence
19. (1) Every person other than a person referred to in subsection (2) or (3) shall, forthwith on that person’s enrolment in the regular force of the Canadian Forces or that person’s transfer to the regular force, complete a statement of ordinary residence in the prescribed form indicating the city, town, village or other place in Canada, with street address, postal code and province, in which the place of that person’s ordinary residence was situated immediately prior to enrolment or transfer.
Idem
(2) Every person who does not have a place of ordinary residence in Canada immediately prior to that person’s enrolment in the regular force of the Canadian Forces or that person’s transfer to the regular force shall, as soon as that person acquires a place of ordinary residence in Canada described in clause (4)(a)(i)(A) or (B), complete a statement of ordinary residence in the form prescribed pursuant to subsection (1).
Member of regular force who is not a Canadian citizen
(3) Subsection (1) does not apply to a member of the regular force of the Canadian Forces who is not a Canadian citizen, but, on becoming a Canadian citizen, the member of the regular force shall forthwith complete a statement of ordinary residence in accordance with subsection (1), indicating a place of ordinary residence described in paragraph (4)(a).
Change of ordinary residence, etc.
(4) A member of the regular force who is not a member of the special force of the Canadian Forces may, once a year, except during an election,
(a) subject to subsection (5), change the place of that member’s ordinary residence and other particulars by completing a statement of ordinary residence in the form prescribed pursuant to subsection (1) indicating
(i) as the place of that member’s ordinary residence the city, town, village or other place in Canada, with street address, postal code and province, in which is situated
(A) the ordinary residence of a person who is the spouse, dependant, relative or next of kin of the member,
(B) the place where the member is residing by reason of the services performed by the member in the Canadian Forces, or
(C) the place of the member’s ordinary residence immediately prior to enrolment or transfer, and
(ii) the member’s rank or any other particulars to accord with the current correct description of the member; and
(b) if the member has failed to complete a statement of ordinary residence referred to in subsection (1) or (2), complete the statement of ordinary residence in the form prescribed pursuant to subsection (1), as applicable.
Amendment to statement of ordinary residence
(4.1) An amendment to a statement of ordinary residence comes into effect sixty days after the statement is received by the Department of National Defence, except when made during an election, in which case it comes into effect fourteen days after polling day.
Completion of statement of ordinary residence by member not on active service
(5) Every member of the reserve force of the Canadian Forces not on active service who, at any time during the period beginning on the date of the issue of the writs and ending on the Saturday immediately preceding polling day, is on full-time training or service shall complete a statement of ordinary residence in the prescribed form indicating the city, town, village or other place in Canada, with street address, postal code and province, in which the place of the member’s ordinary residence was situated immediately prior to the commencement of that full-time training or service.
Completion of statement of ordinary residence by member on active service
(6) Every member of the reserve force of the Canadian Forces who is placed on active service, other than a member who immediately prior to being placed on active service was on full-time training or service and completed a statement of ordinary residence pursuant to subsection (5) after the commencement of that training or service, shall complete a statement of ordinary residence in the form prescribed pursuant to subsection (5) indicating the city, town, village or other place in Canada, with street address, postal code and province, in which was situated
(a) in the case of a member on full-time training or service, the place of the member’s ordinary residence immediately prior to the commencement of that full-time training or service; and
(b) in the case of a member not on full-time training or service, the place of the member’s ordinary residence immediately prior to being placed on active service.
Completion of statement of ordinary residence by member of special force
(7) On enrolment in the special force of the Canadian Forces, every person who is not a member of the regular force or reserve force shall complete a statement of ordinary residence in the form prescribed pursuant to subsection (5) indicating the city, town, village or other place in Canada, with street address, postal code and province, in which the place of that person’s ordinary residence was situated immediately prior to enrolment in the special force.
Retention of statements of ordinary residence
(8) The original and one copy of a statement of ordinary residence that is completed pursuant to this section shall be forwarded to National Defence Headquarters and one copy shall be retained in the unit in which the Canadian Forces elector is serving with the service documents until such time as it may be destroyed pursuant to subsection (12).
Statement to be transmitted to Chief Electoral Officer, etc.
(9) The original and one copy of a statement of ordinary residence completed by
(a) a member of the regular force in the form prescribed pursuant to subsection (1), or
(b) a member of the special force in the form prescribed pursuant to subsection (5),
and received by National Defence Headquarters pursuant to subsection (8) shall be forwarded to the Chief Electoral Officer, and the original and a copy of a statement of ordinary residence completed by a member of the reserve force in the form prescribed pursuant to subsection (5) shall be retained on file at National Defence Headquarters.
Validation of statements
(10) On receipt pursuant to subsection (9) of the statements of ordinary residence in the form prescribed pursuant to subsection (1) or (5), the Chief Electoral Officer shall
(a) cause them to be validated with the name of the electoral district in which is situated the place of ordinary residence shown in the statement; and
(b) return the statements of ordinary residence to National Defence Headquarters.
Retention of statements
(11) On receipt of the statements of ordinary residence validated as to electoral district pursuant to subsection (10), National Defence Headquarters shall
(a) retain the original copy of the statement; and
(b) send a copy to the commanding officer of the unit in which the Canadian Forces elector is serving.
Destruction of other copies, etc.
(12) On receipt in a unit of a validated copy of a statement referred to in subsection (11), the commanding officer of the unit shall destroy any other copy of the statement and retain the validated copy with the Canadian Forces elector’s unit service documents.
Prior statements to be destroyed
(13) On the completion of a statement of ordinary residence in the form prescribed pursuant to subsection (1), the original and all copies of any prior statement of ordinary residence may be destroyed.
Retention of statements
(14) The original and all copies of a statement of ordinary residence of a person who ceases to be a Canadian Forces elector shall be retained for a period of one year after the person ceases to be a Canadian Forces elector and may thereafter be destroyed.
1993, c. 19, s. 126.
PART III
QUALIFICATIONS AND ENTITLEMENT TO VOTE OF CANADIAN CITIZENS OUTSIDE THEIR ELECTORAL DISTRICTS
Canadian Citizens Temporarily Residing Outside Canada
Qualification to vote
20. Every Canadian citizen, other than a Canadian Forces elector, who resides temporarily outside Canada and who is not subject to any disqualification set out in section 51 of the Act is qualified to vote at an election in accordance with these Rules if that person’s application for registration and special ballot is received by 6:00 p.m. on the sixth day before polling day and the person’s name is entered in the registry referred to in section 21.
1993, c. 19, s. 126; 1996, c. 35, s. 70.
Registry of electors
21. (1) The Chief Electoral Officer shall maintain a registry of electors who temporarily reside outside Canada and shall register in it the name and electoral district of every Canadian citizen who is entitled to vote in accordance with these Rules and who made an application to be included in the registry pursuant to section 22 and meets the following requirements:
(a) at any time prior to the person’s application pursuant to section 22, the person has resided in Canada;
(b) the person has been temporarily residing outside Canada for not more than five consecutive years immediately preceding an application for registration and special ballot referred to in section 22; and
(c) the person intends to return to Canada for the purpose of resuming residence in Canada.
Exception
(2) Paragraph (1)(b) does not apply to Public Service electors of Canada or of a province who are posted outside Canada, to Canadian citizens who are employed by an international organization of which Canada is a member and to which Canada contributes and who are posted outside Canada, to their dependants or to the dependants of members of the Canadian Forces.
Dependant
(3) For the purposes of this section, dependant means a spouse or relative, related by blood or marriage, who ordinarily resides with the elector.
1993, c. 19, s. 126.
Inclusion in registry
22.(1) To be included in the registry referred to in section 21, an elector must file with the Chief Electoral Officer an application for registration and special ballot containing such information in the form of a declaration as the Chief Electoral Officer may require, including
(a) the address of the applicant’s last place of residence in Canada prior to leaving Canada, or the address of the present residence in Canada of the applicant’s spouse, a relative or any person in relation to whom the applicant is a dependant;
(b) a declaration of the applicant’s intention to return to Canada;
(c) the date of the applicant’s intended return to Canada for the purpose of resuming residence in Canada;
(d) proof of the applicant’s identity by reference to documents of a class prescribed by the Chief Electoral Officer;
(d.1) the applicant’s date of birth;
(e) the applicant’s mailing address outside Canada; and
(f) the date the applicant left Canada.
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 for implementing agreements made under section 71.024 of the Act, but the elector is not required to give it.
1993, c. 19, s. 126; 1996, c. 35, s. 71.
Information supplied
23. (1) The information supplied pursuant to section 22 shall be supplied in the prescribed form.
Offence
(2) Every person who knowingly makes a false statement in an application for registration and special ballot referred to in section 22 is guilty of an offence.
1993, c. 19, s. 126.
Address of applicant
24. (1) The address set out in the application for registration and special ballot as the address of the applicant’s residence in Canada cannot be changed once the applicant’s name is entered in the registry referred to in section 21.
Cancellation of registration
(2) On the return of the applicant to reside in Canada, the application for registration and special ballot or the entry of the name of the elector in the registry pursuant to section 21 shall be cancelled.
1993, c. 19, s. 126.
Additional information
25. The Chief Electoral Officer may, where an application for registration and special ballot referred to in section 22 does not contain all the information required by that section, require, by notice in writing, an applicant to provide the Chief Electoral Officer with such additional information.
1993, c. 19, s. 126.
Notice to elector
26. Where the Chief Electoral Officer enters the name of an elector in the registry referred to in section 21, the Chief Electoral Officer may, by notice in the prescribed form, inform the elector that the elector’s name has been entered in the registry.
1993, c. 19, s. 126.
Information to be furnished
27. The Chief Electoral Officer may from time to time require an elector whose name appears in the registry established by section 21 to furnish such information as may be required.
1993, c. 19, s. 126.
Deletion of names from registry
28. The Chief Electoral Officer shall delete from the registry referred to in section 21 the name of every elector
(a) who does not provide the information referred to in section 27 within the time period established by the Chief Electoral Officer;
(b) who has asked, in writing, to have the elector’s name deleted from the registry;
(c) who is deceased and in respect of whom a request, accompanied by the elector’s death certificate or any other document constituting evidence of the elector’s death, has been made to have the elector’s name deleted from the registry;
(d) who returns to Canada to reside;
(e) who cannot be contacted; or
(f) who has resided outside of Canada for more than five consecutive years.
1993, c. 19, s. 126.
Sending of ballot paper, etc.
29. The Chief Electoral Officer shall, on approval of an application for registration and special ballot and after issuing the writs, send to each elector whose name is in the registry referred to in section 21, at the address referred to in paragraph 22(e) that has been provided by the elector, a ballot paper and an inner envelope and an outer envelope in the prescribed form.
1993, c. 19, s. 126.
Casting of vote
30. An elector who receives a ballot paper shall cast a vote by writing on the ballot paper the names or initials and the surname of the candidate of the elector’s choice and, where there are two or more candidates with the same name, the elector shall also write the name of the applicable registered party or the word "independent", as the case may be.
1993, c. 19, s. 126.
Procedures by elector
31. After casting a vote, an elector shall place the ballot paper in the inner envelope, seal the inner envelope and place it in the outer envelope, which the elector shall sign and date.
1993, c. 19, s. 126.
Transmission of outer envelope
32. An elector shall transmit the outer envelope referred to in section 31 to the Chief Electoral Officer
(a) by mail or through any other system of delivery; or
(b) by delivering it to a Canadian Embassy, High Commission, Consular Office or Canadian Forces base or to such place as may be designated by the Chief Electoral Officer.
1993, c. 19, s. 126.
Deadline
33. The special ballot must arrive at the office of the Chief Electoral Officer in Ottawa not later than 6:00 p.m. on polling day in order to be counted.
1993, c. 19, s. 126; 1996, c. 35, s. 72.
Electors Residing in Canada Voting by Special Ballot
Elector qualified to vote pursuant to Rules
34. Every Canadian citizen who is resident within Canada other than a Canadian Forces elector, and who is not subject to any disqualification set out in section 51 of the Act is qualified to vote at an election in accordance with these Rules if that person’s application for registration and special ballot in the prescribed form is received between the date of issue of the writs and 6:00 p.m. on the sixth day before polling day.
1993, c. 19, s. 126; 1996, c. 35, s. 73.
Application to vote pursuant to these Rules
35. The application for registration and special ballot may be made by such methods as are acceptable to the Chief Electoral Officer.
1993, c. 19, s. 126.
Receipt in electoral district
36. An application for registration and special ballot must be received by a returning officer or other election officer in an electoral district or by the special voting rules administrator.
1993, c. 19, s. 126.
Information required for application
37. (1) An application for registration and special ballot that is not made by an elector attending in person in the office of the returning officer shall contain such information as the Chief Electoral Officer may require, including
(a) the name of the applicant and the address of the applicant’s residence in Canada;
(b) proof of the applicant’s identity by reference to documents of a class prescribed by the Chief Electoral Officer;
(b.1) the elector’s date of birth;
(c) the applicant’s mailing address.
Optional information
(1.1) 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 for implementing agreements made under section 71.024 of the Act, but the elector is not required to give it.
Offence
(2) Every person who knowingly makes a false statement in an application referred to in subsection (1) is guilty of an offence.
1993, c. 19, s. 126; 1996, c. 35, s. 74.
Additional information
38. The special voting rules administrator may, where an application for registration and special ballot referred to in section 37 does not contain all the information required by that section, require, by notice in writing, an applicant to provide the special voting rules administrator with such additional information as the special voting rules administrator may require.
1993, c. 19, s. 126.
Attendance in person
39. (1) An elector may attend in person any office of a returning officer to complete an application for registration and special ballot before a designated election officer and shall on demand produce satisfactory proof of identity.
Elector to be given regular ballot
(2) Where the elector attends in person at the office of the returning officer for the elector’s electoral district and presents a request to the returning officer, the elector shall be given a regular ballot after the regular ballots have been printed for inclusion in the inner envelope and if a regular ballot is given to the elector, the elector shall vote immediately.
1993, c. 19, s. 126.
Elector to advise election officer
40. (1) An elector who applies for a special ballot shall advise the election officer whether the elector’s name is already on a preliminary list and in which electoral district the elector resides.
Name of elector previously included on list of electors
(2) If the name of the elector referred to in subsection (1) was previously included on a list of electors in an electoral district other than the one where the special ballot is to be cast, the special voting rules administrator shall inform the returning officer of the electoral district where the elector’s name is already on the list and that returning officer shall indicate on the list that this elector has received a special ballot.
Name of elector not previously contained on list
(3) If the name of the elector referred to in subsection (1) was not previously included on a list of electors, the special voting rules administrator shall inform the appropriate returning officer who shall ensure that the elector’s name is included on the appropriate list of electors and shall ensure that the list of electors indicates that the elector has received a special ballot.
Vote by special ballot only
(4) Once an elector’s application for registration and special ballot has been accepted, that elector may only vote by special ballot.
1993, c. 19, s. 126.
Elector to receive ballot paper, etc.
41. On approval of the elector’s application for registration and special ballot, the elector who has made the application shall receive a voting kit containing a special ballot.
1993, c. 19, s. 126.
Casting of vote
42. An elector who receives a special ballot shall cast a vote in the manner set out in sections 30 and 31 and paragraph 32(a).
1993, c. 19, s. 126.
Receipt of special ballot
43. An elector who has obtained a special ballot may vote by using the special ballot at any time during an election but the elector shall ensure that the return envelope is received
(a) if the special ballot is cast within the elector’s electoral district of residence, at the office of the returning officer before the closing of the polling stations on polling day in order to be counted; or
(b) if the special ballot is cast outside of the elector’s electoral district of residence, at the office of the special voting rules administrator in Ottawa, not later than 6:00 p.m. on polling day in order to be counted.
1993, c. 19, s. 126; 1996, c. 35, s. 75.
Onus on elector to complete and deliver special ballot
44. (1) For the purposes of sections 20 to 43, the elector is solely responsible for ensuring that the application for registration and special ballot is completed and received by an election officer within the time period specified.
Responsibility of elector
(2) The elector is solely responsible for ensuring that the special ballot is received by the appropriate election officer within the time period specified.
1993, c. 19, s. 126.
Authority to establish programs to disseminate information
45. For the purposes of implementing sections 20 to 44, the Chief Electoral Officer shall have authority to establish programs for the dissemination of information outside Canada concerning the methods provided for in these Rules respecting voting by special ballot.
1993, c. 19, s. 126.
46. [Repealed]
1993, c. 19, s. 126; 1996, c. 35, s. 76.
QUALIFICATIONS AND ENTITLEMENT TO VOTE OF INCARCERATED ELECTORS
Qualifications and Entitlement to Vote
Entitlement of persons in correctional institutions to vote
47. (1) Every person who is incarcerated in a provincial correctional institution and who is otherwise qualified to vote under this Act is entitled to vote under these Rules on the tenth day prior to ordinary polling day.
Exercise of right to vote
(2) An incarcerated elector is not entitled to vote under these Rules unless that person has signed an application for registration and special ballot pursuant to subsection 49(1) and a declaration described in section 66.
Vote to be in electoral district
(3) An incarcerated elector is entitled to vote under these Rules only for a candidate in the electoral district in which is situated the place of ordinary residence of the incarcerated elector as shown on the application for registration and special ballot made by the elector under subsection 49(1).
1993, c. 19, s. 126.
Designation of liaison officers
48. When the writs are issued, the Chief Electoral Officer, in consultation with the Minister responsible for corrections in the province, shall make provisions in provincial correctional institutions for designating liaison officers to carry out the procedures contained in these Rules.
1993, c. 19, s. 126.
Applications to be completed
49. (1) Prior to the tenth day before ordinary polling day, the appropriate liaison officers shall cause to be completed applications for registration and special ballot in the prescribed form for every eligible elector of the correctional institution, indicating the elector’s surname, given names, sex and date of birth, and the city, town, village or other place in Canada, with street address, if any, province and postal code in which is situated
(a) the residence of the elector prior to being incarcerated;
(b) the residence of a spouse, parent or dependant of the eligible elector;
(c) the place of arrest of the elector; or
(d) the last court where the elector was convicted and sentenced.
Residence of elector
(2) For the purposes of completing the application for registration and special ballot, the residence of the eligible elector is the first of those places listed in paragraphs (1)(a) to (d), in the order that they are set out, that is known to the elector.
1993, c. 19, s. 126; 1996, c. 35, s. 77.
Applications to be validated
50. All applications for registration and special ballot shall be validated with the name of the electoral district in which is situated the residence shown in the application and signed by the liaison officer who validates the application.
1993, c. 19, s. 126.
Dispute regarding designation of electoral district
51. Should a dispute arise as to the designation of an electoral district by an incarcerated elector, the elector may refer the matter to the returning officer for the electoral district within which the institution is situated, and the returning officer shall submit the matter to the regular process for revising lists.
1993, c. 19, s. 126.
Application to constitute list in province
52. The application for registration and special ballot shall constitute the list of incarcerated electors for taking the vote.
1993, c. 19, s. 126.
Applications to be returned to Chief Electoral Officer
53. After the taking of the vote, the applications for registration and special ballot of electors incarcerated shall be returned to the Chief Electoral Officer to be integrated in the final list of electors referred to in section 71.32 of the Act.
1993, c. 19, s. 126.
PART V
PROCEDURE FOR TAKING THE VOTES
OF CANADIAN FORCES ELECTORS
Procedure under these Rules
Application
Application
54. This Part applies only to Canadian Forces electors and where the term "elector" is used it means a Canadian Forces elector only.
1993, c. 19, s. 126.
Duties of the Minister of National Defence
55. The Minister of National Defence shall
(a) designate a person as coordinating officer to work with the Chief Electoral Officer during and between general elections in carrying out the procedures set out in these Rules;
(b) where the person designated as coordinating officer dies or becomes incapable of acting or the person’s designation as coordinating officer is revoked, designate another person as coordinating officer; and
(c) inform the Chief Electoral Officer of the name and address of the person designated as coordinating officer pursuant to paragraph (a) or (b) and of any subsequent change in the name or address of the coordinating officer.
1993, c. 19, s. 126.
Initial procedures
56. (1) As soon as possible after the writs have been issued
(a) the Chief Electoral Officer shall inform the Minister of National Defence
(i) that the writs have been issued, and
(ii) of the location of the special voting territories and administrative centres; and
(b) the Minister of National Defence shall
(i) cause each commanding officer, under the Minister’s direction for election purposes, to be informed that the writs have been issued,
(ii) designate one or more electors to act as liaison officers in connection with the taking of the votes of electors, and
(iii) inform the Chief Electoral Officer of the name and address of each liaison officer designated in accordance with subparagraph (b)(ii).
Duties of liaison officer
(2) Each liaison officer shall, immediately on receiving notice of the liaison officer’s designation as such, communicate with every commanding officer of a unit serving in the voting territory, stating all necessary particulars relating to the vote at an election.
Idem
(3) Each liaison officer shall, during the election, cooperate with the Chief Electoral Officer in the administration of the taking of the votes of electors.
1993, c. 19, s. 126.
Duties of coordinating officers
57. The coordinating officer shall, on request, send to the Chief Electoral Officer the following information relating to each Canadian Forces elector:
(a) the surname, given names, sex and rank;
(b) the date of birth;
(c) the address of ordinary residence, if a statement of ordinary residence has been validated as to the electoral district; and
(d) the mailing address.
1993, c. 19, s. 126; 1996, c. 35, s. 78.
Notices of election
58. (1) Forthwith after being informed pursuant to subsection 56(1) that the writs have been issued, each commanding officer shall publish as a part of unit orders, a notice in the prescribed form informing electors that an election has been ordered and of the date fixed as polling day.
Idem
(2) In the notice referred to in subsection (1), it shall be stated that an elector may vote, before a deputy returning officer designated by the commanding officer who issues a notice, during such hours and on such days of the period of six days commencing on Monday the fourteenth day before polling day, and terminating on the ninth day before polling day, as may be fixed by the commanding officer.
Minimum period of time for polling station to remain open
(3) A polling station shall be open not less than three hours a day, and not less than three days.
Provision of facilities
(4) Each commanding officer shall provide all the facilities necessary to enable the electors to cast their ballots in the manner set out in these Rules.
1993, c. 19, s. 126.
Mobile poll
59. (1) Each commanding officer may establish a mobile poll in any area for the purpose of taking the votes of electors who cannot conveniently reach the voting places established at the elector’s unit.
Idem
(2) A mobile poll shall remain in an area and be open for the taking of votes during such hours and on such days of the period of six days referred to in subsection 58(2) as the commanding officer deems necessary to give all electors in the area a reasonable opportunity to vote.
1993, c. 19, s. 126.
Publication of notice
60. On at least three days before the period fixed pursuant to subsection 58(2) for voting by electors and on every day on which such voting takes place, each commanding officer shall publish as a part of unit orders and post in a conspicuous location inside the office a notice stating
(a) the days and dates on which electors may cast their ballots;
(b) the exact location of each polling station other than a mobile poll, and the hours during which electors may cast their ballots at each polling station other than a mobile poll; and
(c) where a mobile poll is established, the areas in which the mobile poll is to be located and the approximate periods during which it is to be so located.
1993, c. 19, s. 126.
Preparation of list of names
61. (1) Forthwith on being informed pursuant to subsection 56(1) that the writs have been issued, each commanding officer shall prepare a list of the names of the electors serving in or attached to the unit.
Lists arranged in alphabetical order, etc.
(2) The lists prepared pursuant to subsection (1) shall be arranged alphabetically as to names and shall contain, in the case of an elector, the surname, given names, sex and rank, and
(a) if the elector’s statement of ordinary residence has been validated as to electoral district pursuant to section 19, the name of the elector’s district; or
(b) if the elector’s statement of ordinary residence has not been validated as to electoral district pursuant to section 19, the place of ordinary residence as indicated in that statement of ordinary residence.
1993, c. 19, s. 126; 1996, c. 35, s. 79.
Duties of commanding officer
62. (1) Within seven days of being informed pursuant to subsection 56(1) that the writs have been issued, each commanding officer shall
(a) designate a sufficient number of electors as deputy returning officers to take the votes of electors serving in or attached to the unit or serving at or attached to the unit;
(b) through a liaison officer, furnish the Chief Electoral Officer with
(i) a list setting out the name and rank of each deputy returning officer designated pursuant to paragraph (a), and
(ii) sufficient copies of the list prepared pursuant to subsection 61(1); and
(c) furnish each designated deputy returning officer with one copy of the list prepared pursuant to subsection 61(1).
Idem
(2) Forthwith on receiving election materials and lists of the names of candidates, a commanding officer shall
(a) distribute those materials in sufficient quantities to every deputy returning officer designated pursuant to paragraph (1)(a); and
(b) cause copies of those lists to be posted in a prominent place in the unit and, where appropriate, in other conspicuous places.
1993, c. 19, s. 126.
Ballot
63. (1) The ballot of every elector shall be cast before a deputy returning officer.
Joint voting place
(2) A commanding officer of a unit may establish a joint voting place for all electors in a locality where it appears that
(a) two or more units are in the same locality; and
(b) for the better administration of these Rules, it would be expedient that the electors who are entitled to vote at the units referred to in paragraph (a) cast their ballots before one deputy returning officer.
1993, c. 19, s. 126.
Duties of deputy returning officer
64. At each voting place during every period in which electors are casting their ballots, the deputy returning officer before whom the ballots are to be cast shall
(a) cause at least two copies of the instructions, in the prescribed form, to be posted in conspicuous places; and
(b) keep readily available for consultation by electors, one copy of these Rules, one set of street indexes, one guide to electoral districts and one list of the names of candidates.
1993, c. 19, s. 126.
Representative of registered party
65. Any Canadian citizen may, on delivering to the deputy returning officer who is taking the votes a declaration, in the prescribed form, completed and signed by a candidate at an election, act as a representative of that registered party to which the candidate belongs at the voting place during the taking of those votes.
1993, c. 19, s. 126.
Declaration
66. Before delivering a ballot paper to an elector, the deputy returning officer before whom the vote is to be cast shall require the elector to make a declaration in the prescribed form and to sign the declaration.
1993, c. 19, s. 126.
Procedures on completion of declaration
67. (1) When an elector has completed a declaration pursuant to section 66 and any other document that the elector is required to complete before casting a ballot,
(a) the deputy returning officer shall hand the elector a ballot paper, an inner envelope and an outer envelope containing the elector’s declaration;
(b) the elector shall thereupon
(i) cast a ballot secretly by writing on the ballot paper the names or initials and surname of the candidate of the elector’s choice and, where there are two or more candidates with the same name, the elector shall also write the name of the applicable registered party or the word "independent", as the case may be, and
(ii) fold the ballot paper, and in the presence of the deputy returning officer,
(A) place the folded ballot paper in the inner envelope and seal the inner envelope,
(B) place the inner envelope in the outer envelope, and
(C) seal the outer envelope;
(c) the deputy returning officer shall inform the elector that, in order to be counted, the outer envelope must be received by the special voting rules administrator in Ottawa not later than 6:00 p.m. on polling day;
(d) inform the elector of the nearest post office, mail box or other facility through which the outer envelope may be dispatched; and
(e) the elector shall thereupon dispatch the outer envelope by ordinary mail or by such other facility as may be available and expeditious to the special voting rules administrator.
Spoiled ballot paper
(2) Where an elector has inadvertently dealt with a ballot paper in such a manner that it cannot be used,
(a) the elector shall return it to the deputy returning officer; and
(b) the deputy returning officer shall deface the ballot paper, classify it as a spoiled ballot paper and hand another ballot paper to the elector.
Replacement ballot
(3) For the purposes of this section, an elector may receive only one other ballot paper.
Voting by deputy returning officer
(4) Subject to these Rules, a deputy returning officer before whom electors have cast their ballots may vote after completing the declaration printed on the outer envelope.
1993, c. 19, s. 126; 1996, c. 35, s. 80.
Postage
68. Wherever outer envelopes are being mailed, the deputy returning officer shall ensure that the necessary postage is paid.
1993, c. 19, s. 126.
Transmission of documents
69. After the polling period fixed pursuant to section 58 has ended,
(a) each deputy returning officer shall transmit to the appropriate commanding officer
(i) every declaration required pursuant to section 66,
(ii) every outer envelope laid aside,
(iii) every unused or spoiled ballot paper and unused or spoiled envelope, and
(iv) in a separate and clearly identified parcel, every completed statement of ordinary residence in the form prescribed pursuant to section 19; and
(b) the commanding officer shall
(i) deal with and dispose of the originals and copies of the statements of ordinary residence transmitted to the commanding officer in accordance with these Rules, and
(ii) transmit to the Chief Electoral Officer all other documents and election materials received from the deputy returning officers.
1993, c. 19, s. 126.
Procedure where an Elector is Disabled
Electors with disabilities
70. (1) Where an elector is disabled so as to be unable to vote in the manner prescribed in these Rules,
(a) the deputy returning officer shall assist the elector by
(i) completing the declaration on the back of the outer envelope, including writing in the name of the elector in the space provided for the elector’s signature, and
(ii) marking the ballot paper in the presence of and as directed by the elector and in the presence of another elector, selected by the disabled elector; and
(b) the deputy returning officer and the elector in whose presence the vote of the disabled elector is cast shall affix their signatures to a note on the back of the outer envelope stating that the vote was cast pursuant to paragraph 70(1)(a).
Witness to keep ballot secret
(2) Each person in whose presence a vote is cast pursuant to this section shall keep secret the name of the candidate for whom the ballot of the disabled elector is cast.
1993, c. 19, s. 126.
Procedure where Canadian Forces Elector is in a Hospital or Institution
Elector in hospital or institution
71. (1) An elector who is undergoing treatment in a Service hospital or convalescent institution during a period fixed for the taking of the votes of electors at an election shall be deemed to be a member of the unit under the command of the officer in charge of the hospital or convalescent institution.
Voting of elector confined to bed
(2) Where a deputy returning officer who is designated under these Rules to take the ballots of electors at a Service hospital or convalescent institution deems it advisable and the officer in charge of the hospital or institution approves, the deputy returning officer may go from room to room to take the ballots of electors who are confined to bed.
Deputy returning officer who is to take vote of hospitalized electors
(3) Where a deputy returning officer is not designated for a Service hospital or convalescent institution, the deputy returning officer appointed for the unit to which the hospital or institution belongs may take the ballots of electors who are undergoing treatment in the hospital or institution.
1993, c. 19, s. 126.
Absence of elector from unit
72. Where an elector is absent from the elector’s unit while on duty, leave or furlough where the elector is serving, during a period fixed pursuant to subsection 58(2), the elector may cast a ballot
(a) at the voting place in any unit in or outside Canada, and
(b) on production of satisfactory evidence that the elector is on duty, leave or furlough
before a deputy returning officer who is, when the elector applies to vote, engaged in that unit in taking the ballots of electors.
1993, c. 19, s. 126.
Voting by Canadian Forces under Procedures Prescribed in the Act
Voting under Act
73. An elector may vote at the place where the Canadian Forces elector would vote if the elector were not a Canadian Forces elector if, on polling day, the elector
(a) is actually ordinarily residing in the electoral district in which is located the elector’s place of ordinary residence as shown in the statement of ordinary residence made under these Rules; and
(b) has not voted under the procedure set out in these Rules.
1993, c. 19, s. 126.
74. [Repealed]
1993, c. 19, s. 126; 1996, c. 35, s. 81.
PART VI
PROCEDURE FOR TAKING THE VOTES
OF INCARCERATED ELECTORS
Procedure under these Rules
Application
Application
75. This Part refers only to incarcerated electors and where the term "elector" is used it shall mean an incarcerated elector only.
1993, c. 19, s. 126.
Designation of coordinating officer
76. The Ministers responsible for corrections in the provinces shall each
(a) designate a person as coordinating officer to work with the Chief Electoral Officer during and between general elections in carrying out the procedures set out in these Rules;
(b) where the person designated as coordinating officer dies or becomes incapable of acting or the person’s designation as coordinating officer is revoked, designate another person as coordinating officer; and
(c) inform the Chief Electoral Officer of the name and address of the person designated as coordinating officer pursuant to paragraph (a) or (b) and of any subsequent change in such name or address.
1993, c. 19, s. 126.
Initial procedures
77. (1) As soon as possible after the writs have been issued,
(a) the Chief Electoral Officer shall inform the Minister responsible for corrections in the provinces
(i) that the writs have been issued, and
(ii) of the location of the administrative centres; and
(b) the Ministers responsible for corrections in the provinces shall
(i) cause each coordinating officer under their direction, for election purposes, to be informed that the writs have been issued,
(ii) designate one or more electors to act as liaison officers in connection with the taking of the votes of electors, and
(iii) inform the Chief Electoral Officer of the name and address of each liaison officer so designated.
Duties of liaison officer
(2) Each coordinating officer shall, immediately on receiving notice of the liaison officer’s designation, communicate with those officers responsible for registration and voting of incarcerated electors, stating all necessary particulars relating to the taking of the votes of electors at an election.
Idem
(3) Each liaison officer shall, during the election, cooperate with the Chief Electoral Officer in the administration of the registration and the taking of the votes of the electors.
1993, c. 19, s. 126.
Notice of election
78. (1) Forthwith on being informed pursuant to subsection 77(1) that the writs have been issued, each liaison officer shall cause to be posted in a prominent place in a correctional institution a notice in the prescribed form informing electors that an election has been ordered and of the date fixed as polling day.
Idem
(2) In the notice referred to in subsection (1), it shall be stated that each elector may vote on the tenth day before polling day.
When polls to be open
(3) The polls shall be open at the hour of 9:00 a.m. and be kept open until every qualified elector has voted, but not kept open later than 8:00 p.m.
Provision of facilities
(4) Each liaison officer shall provide all the facilities necessary to enable the electors to cast their ballots in the manner set out in these Rules.
1993, c. 19, s. 126.
Mobile poll
79. (1) Each liaison officer shall, when required, establish a mobile poll within a correctional institution to take the votes of those electors confined to their cells or in the infirmary.
Idem
(2) A returning officer, in cooperation with liaison officers, may create a mobile poll for correctional institutions of less than fifty electors that are within the boundaries of the same electoral district and within reasonable travelling distance from one another.
1993, c. 19, s. 126.
Appointment of deputy returning officers
80. (1) Before the eighteenth day before polling day, each returning officer in whose electoral district a correctional institution is situated, in cooperation with the liaison officer, shall appoint a sufficient number of persons in each institution to act as deputy returning officers and poll clerks to take the votes of electors.
Duties of liaison officer
(2) Forthwith on receiving election materials and lists of the names of candidates, the liaison officer shall
(a) distribute those materials in sufficient quantities to every deputy returning officer appointed pursuant to subsection (1); and
(b) cause copies of those lists to be posted in a prominent place in the correctional institution and, where appropriate, in other conspicuous places.
1993, c. 19, s. 126; 1996, c. 35, s. 82.
Duties of deputy returning officer
81. At each voting place during the period in which electors are casting their ballots, the deputy returning officer before whom the ballots are to be cast shall
(a) cause at least two copies of the instructions, in the prescribed form, to be posted in conspicuous places; and
(b) keep readily available for consultation by electors, one copy of these Rules, one set of street indexes, one guide to electoral districts and one list of the names of candidates.
1993, c. 19, s. 126.
Representative of registered party
82. (1) Any Canadian citizen may, on delivering to the deputy returning officer who is taking the votes of electors a declaration, in the prescribed form, completed and signed by a candidate at an election, act as a representative of the registered party to which the candidate belongs at the voting place during the taking of those votes.
Prior authorization
(2) Notwithstanding subsection (1), registered party representatives must obtain prior authorization from correctional authorities in order to be present at the voting place in a correctional institution.
1993, c. 19, s. 126.
Declaration
83. Before delivering a ballot paper to an elector, the deputy returning officer before whom the vote is to be cast shall require the elector to make a declaration in the prescribed form and to sign the declaration.
1993, c. 19, s. 126.
Procedure on completion of declaration
84. (1) Where an elector has completed the declaration and any other document the elector is required to complete pursuant to section 83 and the deputy returning officer has completed the certificate printed under the declaration
(a) the deputy returning officer shall hand the elector a ballot paper, an inner envelope and an outer envelope containing the elector’s declaration; and
(b) the elector shall thereupon
(i) cast a ballot secretly by writing on the ballot paper the names or initials and surname of the candidate of the elector’s choice and, where there are two or more candidates with the same name, the elector shall also write the name of the applicable registered party or the word "independent", as the case may be, and
(ii) fold the ballot paper and, in the presence of the deputy returning officer,
(A) place the folded ballot paper in the inner envelope and seal the inner envelope,
(B) place the inner envelope in the outer envelope, and
(C) seal the outer envelope.
Dispatch of outer envelopes
(2) All outer envelopes containing votes cast in correctional institutions shall be dispatched to the special voting rules administrator by the liaison officer to be received by the special voting rules administrator in Ottawa no later than 6:00 p.m. on polling day.
Spoiled ballot paper
(3) Where an elector has inadvertently dealt with a ballot paper in such a manner that it cannot be used
(a) the elector shall return it to the deputy returning officer; and
(b) the deputy returning officer shall deface the ballot paper, classify it as a spoiled ballot paper and hand another ballot paper to the elector.
Replacement ballot
(4) For the purposes of this section, the elector may only receive one other ballot paper.
1993, c. 19, s. 126; 1996, c. 35, s. 83.
Transmission of documents
85. After polling day as fixed pursuant to section 78 has ended,
(a) each deputy returning officer shall transmit to the appropriate liaison officers
(i) every declaration required pursuant to section 83,
(ii) every outer envelope laid aside,
(iii) every unused or spoiled ballot paper and unused or spoiled envelope,
(iv) every completed application for registration and special ballot; and
(b) the liaison officers shall thereupon transmit to the special voting rules administrator all documents and election materials received from the deputy returning officers.
1993, c. 19, s. 126.
PART VII
PROCEDURE FOR THE RECEIVING, SORTING AND COUNTING OF VOTES CAST PURSUANT TO THESE RULES
Administration
Canadian Forces – Incarcerated – Canadians Voting Under These Rules
Administration
86. Except as otherwise provided, every operation relating to the receiving, sorting and counting of the ballot papers marked by electors shall be conducted, under the supervision of the special voting rules administrator, by special ballot officers who shall work in pairs, each pair consisting of persons representing different political interests.
1993, c. 19, s. 126.
Directives
87. The Chief Electoral Officer shall, for the purposes of these Rules, prescribe
(a) security instructions for the safekeeping of ballot papers, inner envelopes, outer envelopes and all other election documents; and
(b) instructions for the receiving, sorting and counting of the ballot.
1993, c. 19, s. 126.
Counting of votes
88. The counting of votes cast pursuant to these Rules, except those cast by electors voting inside their electoral district, shall commence on a date to be fixed by the Chief Electoral Officer or, if no such date is fixed, on Wednesday, the fifth day before polling day.
1993, c. 19, s. 126.
Deadline for receipt of ballot papers
89. Only ballot papers received in Ottawa by the special voting rules administrator before 6:00 p.m. on polling day may be counted.
1993, c. 19, s. 126; 1996, c. 35, s. 84.
Procedure where outer envelope is incomplete or received late
90. (1) An outer envelope shall be laid aside unopened where, during the receiving and sorting of outer envelopes, it is ascertained on examination of an outer envelope that
(a) in respect of any vote other than a vote taken under section 70, an outer envelope does not bear the signature of an elector;
(b) the correct electoral district of the elector whose ballot is contained in the outer envelope cannot be ascertained;
(c) the outer envelope has been received in Ottawa by the special voting rules administrator after 6:00 p.m. on polling day; or
(d) the outer envelope relates to an electoral district in which a candidate endorsed by a registered party has died between the fifth day prior to nomination day and polling day.
Procedure where elector votes more than once
(2) Where, after receiving and prior to counting the outer envelopes, it is ascertained that an elector has voted more than once, the outer envelopes relating to the elector shall be laid aside unopened.
Disposition of outer envelopes that are laid aside
(3) Where an outer envelope is laid aside unopened pursuant to subsection (1) or (2),
(a) the outer envelope shall be endorsed by the special voting rules administrator with the reason why it has been laid aside;
(b) at least two special ballot officers shall initial the endorsement; and
(c) in the case of an outer envelope laid aside pursuant to subsection (1), the ballot paper contained in the outer envelope shall be deemed to be a spoiled ballot.
Special report
(4) The special voting rules administrator shall prepare a report in respect of the number of outer envelopes that are laid aside.
1993, c. 19, s. 126; 1996, c. 35, s. 85.
Duties of special ballot officers
91. The special ballot officers shall count the votes for only one electoral district or part of an electoral district at a time.
1993, c. 19, s. 126.
Counting of votes
92. (1) In counting the votes of electors, the special ballot officers shall reject all ballot papers
(a) that do not appear to have been supplied for the election; and
(b) that have not been marked in accordance with these Rules.
Disputed ballots
(2) Where a dispute arises as to the validity of a ballot, it shall be referred to the special voting rules administrator, whose decision shall be final.
Idem
(3) The number of disputed ballots and the electoral district in which they are to be cast are to be noted by the special ballot officers.
1993, c. 19, s. 126.
Elector’s intent
93. No ballot paper shall be rejected for the sole reason that the elector has incorrectly written the name of a candidate, if the ballot clearly indicates the elector’s intent.
1993, c. 19, s. 126.
Statement of the count
94. Each special ballot officer shall prepare a statement of the count in the form and manner prescribed by the Chief Electoral Officer and deliver it to the special voting rules administrator who shall retain it in safe custody until the day following the communication of the results pursuant to section 168 of the Act and, on that day, the special voting rules administrator shall, where a special ballot officer has requested the return of a copy of the statement of the count, return a copy thereof to that special ballot officer.
1993, c. 19, s. 126.
Copy of statement of count
95. A special ballot officer shall receive a copy of each statement of the count that the special ballot officer has signed.
1993, c. 19, s. 126.
Final Duties
Chief Electoral Officer to be informed of results of vote
96. (1) Forthwith after the counting of the votes for every electoral district has been completed, the special voting rules administrator shall inform the Chief Electoral Officer of
(a) the number of votes counted for each candidate in every electoral district in Canada in respect of which votes were counted in headquarters in Ottawa;
(b) the total number of votes counted in headquarters in Ottawa in respect of each such electoral district; and
(c) the number of rejected ballots in each electoral district.
Compilation and communication of result of voting
(2) On being informed, pursuant to subsection (1), of the results of the voting under these Rules at an election, the Chief Electoral Officer shall
(a) forthwith compute the total number of votes counted under these Rules for each candidate nominated in an electoral district; and
(b) communicate, in the manner prescribed by the Chief Electoral Officer, the result of the voting to the appropriate returning officer after the closing of the polls.
1993, c. 19, s. 126; 1996, c. 35, s. 86.
Transmission of election documents
97. Forthwith after the counting of the votes for every electoral district has been completed, the following shall be transmitted by the special voting rules administrator to the Chief Electoral Officer:
(a) the list of electors furnished to the special voting rules administrator; and
(b) in parcels separate from those transmitted pursuant to paragraph (a),
(i) all other documents and election supplies received by the special voting rules administrator from
(A) commanding officers,
(B) deputy returning officers, and
(C) special ballot officers,
(ii) the oaths of office, and
(iii) the complete files of correspondence, reports and records that are in the possession of the special voting rules administrator.
1993, c. 19, s. 126.
PART VIII
VERIFICATION AND COUNTING OF SPECIAL BALLOTS IN THE OFFICE OF THE RETURNING OFFICER
Appointment of deputy returning officer and poll clerk
98. (1) The returning officer shall appoint a deputy returning officer and a poll clerk for the purpose of verifying and counting the special ballots issued to electors in the electoral district and received in the office of the returning officer.
Idem
(2) More than one deputy returning officer and poll clerk may be appointed where the number of votes warrants it.
Assignment of duties
(3) The returning officer shall assign duties so that a deputy returning officer chosen from among the persons recommended by the registered party for which the candidate finished first in the previous election in the electoral district works with a poll clerk chosen from among the persons recommended by the registered party for which the candidate finished second in the previous election in the electoral district.
Notification of persons appointed
(4) The returning officer shall, as soon as possible, notify the candidates of the name and address of the persons appointed as the deputy returning officer and the poll clerk.
1993, c. 19, s. 126.
Candidate present at counting
99. A candidate or candidate’s representative may be present for the verification and counting of special ballots received at the office of the returning officer.
1993, c. 19, s. 126.
Ballots kept secret
100. (1) The returning officer shall ensure that the ballots returned to the office of the returning officer are kept sealed until they are given to the deputy returning officer.
Return outer envelopes
(2) All outer envelopes received after the prescribed deadline shall be kept separate and sealed and shall be initialled by the returning officer and marked with the date and time of their receipt.
1993, c. 19, s. 126.
Verification of special ballots
101. (1) At the moment established by the Chief Electoral Officer, a deputy returning officer and a poll clerk shall verify the special ballots received at the office of the returning officer and the returning officer shall notify the candidates of the date, time and place of verification of the special ballots.
Application for registration and special ballot
(2) The deputy returning officer shall be provided with the applications for registration and special ballot received before the deadline, along with any other materials that may be required.
Procedure when verifying special ballots
(3) When verifying the special ballots, the deputy returning officer and poll clerk shall open the return envelopes containing the ballots and shall, in accordance with the directives of the Chief Electoral Officer, ascertain whether the elector is entitled to vote in the electoral district.
1993, c. 19, s. 126.
Special ballot not accepted
102. (1) The deputy returning officer shall not accept a special ballot if
(a) the elector’s identification does not correspond to the application received at the office of the returning officer;
(b) more than one special ballot has been issued to an elector;
(c) the elector was not registered in the electoral district prior to the deadline; or
(d) the return envelope was received after the prescribed deadline pursuant to paragraph 43(a).
Registering objections
(2) When the special ballots are verified, the poll clerk shall register any objection to an elector’s right to vote in the electoral district in the prescribed form.
Rejection of special ballot
(3) The deputy returning officer shall, without breaking the seal, set aside any special ballot that the deputy returning officer considers not acceptable to be counted, note the reasons for the rejection on the outer envelope and initial the envelope along with the poll clerk.
1993, c. 19, s. 126.
Rejection of special ballots
103. (1) The deputy returning officer and the poll clerk shall count all valid outer envelopes.
Inner envelopes
(2) The deputy returning officer and the poll clerk shall open the outer envelopes and put all the inner envelopes in a ballot box provided by the returning officer.
Counting the votes
(3) After the close of the polls, the deputy returning officer shall open the ballot box and the deputy returning officer and the poll clerk shall open the inner envelopes and count the votes.
1993, c. 19, s. 126.
Rejection of special ballots
104. (1) When counting the special ballots, the deputy returning officer shall reject any special ballot that
(a) does not appear to have been supplied for the election;
(b) is not marked in favour of a candidate;
(c) is marked in favour of more than one candidate; or
(d) is marked in a way that identifies the elector.
Special ballot not to be rejected
(2) The deputy returning officer shall not reject a special ballot for the sole reason that the elector has incorrectly written the name of a candidate, if the ballot clearly indicates the elector’s intent.
Idem
(3) The deputy returning officer shall not reject a special ballot for the sole reason that the elector has written, in addition to the name of a candidate, the name of the registered party or the word "independent", as the case may be, if the ballot clearly indicates the elector’s intent.
1993, c. 19, s. 126.
PART IX
PROHIBITION, OFFENCES AND SUPPLEMENTARY PROVISIONS
General Prohibition
Prohibition
105. An elector is not, by reason of any provision of these Rules, entitled to and shall not, at an election, vote more than once in respect of an electoral district or vote in respect of more than one electoral district.
1993, c. 19, s. 126.
Offences
Offences
106. Any person is guilty of an offence who, inside or outside Canada,
(a) attempts to obtain or communicate any information as to the candidate for whom any ballot paper has been marked by an elector otherwise than as provided for by these Rules;
(b) interferes with, or attempts to interfere with an elector when marking a ballot paper, or otherwise attempts to obtain any information as to the candidate for whom any elector is about to vote or has voted;
(c) knowingly applies for a ballot paper to which that person is not entitled;
(d) makes any untrue statement in the declaration signed by that person before a deputy returning officer;
(e) makes any untrue declaration in the statement of ordinary residence completed by that person;
(f) prevents or endeavours to prevent any elector from voting at an election; or
(g) at the counting of the votes, attempts to obtain any information or communicates any information obtained at the counting as to the candidate for whom any vote is given in any particular ballot paper.
1993, c. 19, s. 126.
Offences
107. Every person is guilty of an offence where, in order to induce or compel an elector to vote for any candidate or to refrain from voting, or on account of the elector having voted for any candidate or refrained from voting at an election, the person, inside or outside Canada, directly or indirectly, personally or through any other person,
(a) uses or threatens to use any force, violence or restraint, inflicts or threatens to inflict any injury, damage, harm or loss or in any manner practises intimidation on or against an elector; or
(b) by abduction, duress or any false or fraudulent pretence, device or contrivance, impedes, prevents or otherwise interferes with the free exercise of the franchise of an elector.
1993, c. 19, s. 126.
Supplementary Provisions
Validity of election not affected by non-compliance
108. The validity of an election shall not be questioned
(a) on the ground of any omission or irregularity in connection with the administration of these Rules, if it appears that the omission or irregularity did not affect the result of the election; or
(b) on the ground that, for any reason, it was found impossible to secure the vote of any elector under these Rules.
1993, c. 19, s. 126.
Application of provisions
109. Sections 177 to 185 of the Act, relating to a recount, apply, with such modifications as the circumstances require, to all ballot papers that have been counted and rejected after having been cast by electors under these Rules and that have been transmitted to and received by the Chief Electoral Officer.
1993, c. 19, s. 126.
Application of provisions
110. The provisions of the Act relating to the custody, inspection and production of election documents apply, with such modifications as the circumstances require, to documents transmitted to and received by the Chief Electoral Officer.
1993, c. 19, s. 126.
FORM TO BE USED PURSUANT TO THE SPECIAL VOTING RULES
FORM OF BALLOT PAPER
Front of ballot paper
Back of ballot paper
Supplied by the Chief Electoral Officer, pursuant to the Special Voting Rules.
1993, c. 19, s. 126.
SCHEDULE III
(Section 3)
LIST OF ELECTORAL DISTRICTS FOR THE PURPOSES OF SECTIONS 80 AND 80.1
Province of Newfoundland
Bonavista–Trinity–Conception
Burin–St. George’s
Gander–Grand
Falls
Humber–St. Barbe–Baie Verte
Labrador
Province of Quebec
Abitibi–Baie-James–Nunavik
Manicouagan
Province of Ontario
Algoma–Manitoulin
Kenora–Rainy
River
Thunder Bay–Superior North
Timiskaming–Cochrane
Timmins–James
Bay
Province of Manitoba
Churchill
Province of Saskatchewan
Churchill River
Province of Alberta
Athabasca
Peace River
Yellowhead
Province of British Columbia
Cariboo–Chilcotin
Prince
George–Bulkley Valley
Prince George–Peace River
Skeena
Vancouver Island North
Yukon Territory
Yukon
Northwest Territories
Nunavut
Western Arctic
R.S. 1970, c. 14 (1st Supp.), Sch. III; Canada Gazette, Part I, Vol. 110, No. 39, p. 4804; 1976-77, c. 43, s. 1; 1977-78, c. 13, s. 1, c. 17, s. 1; 1980-81-82-83, c. 27, s. 1, c. 96, s. 15, c. 164, s. 18; Canada Gazette, Part I, Vol. 122, No. 33, p. 3262-3263; 1992, c. 45, s. 1; 1994, c. 26, s. 30; Canada Gazette, Part I, Vol. 131, No. 12, p. 933-934; 1998, c. 27, s. 5, 13.
SCHEDULE IV
(Subsections 71.014(1) and (2))
PROVINCIAL ACTS
Ontario
Highway Traffic Act, R.S.O., c. H-8
Vital Statistics Act, R.S.O., c. V-4
Quebec
Civil Code of Quebec, S.Q. 1991, c. 64
Elections Act, R.S.Q., c. E-3.3
Highway Safety Code, R.S.Q., c. C-24.2
Nova Scotia
Motor Vehicle Act, R.S.N.S., c. 293
Vital Statistics Act, R.S.N.S., c. 494
New Brunswick
Motor Vehicle Act, R.S.N.B., c. M-17
Vital Statistics Act, R.S.N.B., c. V-3
Manitoba
Highway Traffic Act, R.S.M., c. H-60
Vital Statistics Act, R.S.M., c. V-60
British Columbia
Elections Act, R.S.B.C., c. 103
Motor Vehicle Act, R.S.B.C., c. 288
Vital Statistics Act, R.S.B.C., c. 425
Prince Edward Island
Highway Traffic Act, R.S.P.E.I., c. H-5
Vital Statistics Act, R.S.P.E.I., c. V-4
Saskatchewan
Highway Traffic Act, R.S.S., c. H-3.1
Vehicle Administration Act, R.S.S., c. V-2.1
The Vital Statistics Act, R.S.S., c. V-7.1
Alberta
Motor Vehicle Administration Act, R.S.A., c. M-22
Vital Statistics Act, R.S.A., c. V-4
Newfoundland
Highway Traffic Act, R.S.N., c. H-3
Vital Statistics Act, R.S.N., c. V-6
Yukon Territory
Motor Vehicle Act, R.S.Y., c. 118
Vital Statistics Act, R.S.Y., c. 175
Northwest Territories
Motor Vehicle Act, R.S.N.W.T., c. M-16
Vital Statistics Act, R.S.N.W.T., c. V-3
1996, c. 35, s. 87; Canada Gazette, Part I, Vol. 131, No. 18, p. 1395.
SCHEDULE V
[Repealed]
1993, c. 19, s. 127.
TABLE OF AMENDMENTS
Canada Elections Act, R.S. 1985, c. E-2
Amended by:
R.S. 1985, c. 27 (1st Supp.), s. 203
R.S. 1985, c. 27 (2nd Supp.), s. 10
Canada Gazette, Part I, Vol. 122, No. 33, pp. 3262-3263
1989, c. 28, s. 1
1990, c. 16, s. 9
1990, c. 17, s. 17, 18
1991, c. 11, s. 73, 74
1991, c. 47, s. 726
1992, c. 1, s. 142, 143
1992, c. 21, s. 10 to 32
1992, c. 45, s. 1
1992, c. 51, s. 47, 48
1993, c. 19
1996, c. 35
1998, c. 27
1998, c. 18
1998, c. 30
1999, c. 3
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