Canada Elections Act (S.C. 2000, c. 9)

Act current to 2017-11-20 and last amended on 2016-01-01. Previous Versions

Rights of Candidates

Marginal note:Leave of absence

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

Marginal note:Canvassing, etc., in residential areas
  •  (1) No person who is in control of an apartment building, condominium building or other multiple-residence building or a gated community may prevent a candidate or his or her representative from

    • (a) in the case of an apartment building, condominium building or gated community, canvassing, between 9:00 a.m. and 9:00 p.m., at the doors to the apartments, units or houses, as the case may be; or

    • (b) in the case of a multiple-residence building, campaigning, between 9:00 a.m. and 9:00 p.m., in a common area in the multiple residence.

  • Marginal note:Exception

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

  • 2000, c. 9, s. 81;
  • 2007, c. 21, s. 11.
Marginal note:Campaigning in public places
  •  (1) No person who is in control of a building, land, street or any other place, any part of which is open without charge to members of the public, whether on a continuous, periodic or occasional basis — including any commercial, business, cultural, historical, educational, religious, governmental, entertainment or recreational place — may prevent a candidate or his or her representative from campaigning in or on that part when it is open without charge to members of the public.

  • Marginal note:Exception

    (2) Subsection (1) does not apply in respect of a place if campaigning in or on it would be incompatible with the function and purpose of the place or inconsistent with public safety.

  • 2007, c. 21, s. 12.

 [Repealed, 2014, c. 12, s. 29]

 [Repealed, 2014, c. 12, s. 29]

 [Repealed, 2014, c. 12, s. 29]

 [Repealed, 2014, c. 12, s. 29]

 [Repealed, 2014, c. 12, s. 29]

 [Repealed, 2014, c. 12, s. 29]

 [Repealed, 2014, c. 12, s. 29]

 [Repealed, 2014, c. 12, s. 29]

Prohibition

Marginal note:Ineligible candidate

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

 [Repealed, 2014, c. 12, s. 30]

Marginal note:Publishing false statements to affect election results

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

  • 2000, c. 9, s. 91;
  • 2001, c. 21, s. 10(E).
Marginal note:False statement of withdrawal of candidate

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

 [Repealed, 2014, c. 12, s. 31]

 [Repealed, 2014, c. 12, s. 31]

 [Repealed, 2014, c. 12, s. 31]

 [Repealed, 2014, c. 12, s. 31]

 [Repealed, 2014, c. 12, s. 31]

 [Repealed, 2014, c. 12, s. 31]

PART 7Revision of Lists of Electors

Preliminary Lists of Electors

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

  • Marginal note:Distribution of preliminary lists

    (1.1) The Chief Electoral Officer shall distribute, to each registered party or eligible party that requests it, one copy in electronic form of the preliminary lists of electors for an electoral district in respect of which a writ has been issued.

  • Marginal note:Form of preliminary list of electors

    (2) A preliminary list of electors shall contain only the name and address of each elector in the electoral district and the identifier that is assigned to the elector by the Chief Electoral Officer and shall be arranged according to the civic addresses of the electors or, if that is not appropriate, in alphabetical order by their names.

  • Marginal note:Publication of preliminary lists

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

  • 2000, c. 9, s. 93;
  • 2007, c. 21, s. 13.
Marginal note:Distribution of lists
  •  (1) Each returning officer shall, on receipt of the preliminary lists of electors for his or her electoral district, distribute one printed copy and one copy in electronic form of the lists to each candidate in the electoral district who requests them.

  • Marginal note:Extra copies

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

Notice of Confirmation of Registration

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

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

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

    • (c) are referred to in section 222.

  • Marginal note:Form of notice

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

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

    • (b) the voting hours on polling day;

    • (c) a telephone number to call for more information;

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

    • (e) the fact that proof of an elector’s identity and residence will be required before the elector is allowed to vote.

  • Marginal note:Particular needs

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

    • (a) requires a language or sign language interpreter;

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

    • (c) is unable to attend at a polling station because of a physical disability.

  • Marginal note:Change in polling station address

    (4) If, on or before the 5th day before polling day, there is a change in the address of the polling station of an elector to whom a notice of confirmation of registration has been sent, the returning officer shall send another notice to the elector indicating the new address.

  • 2000, c. 9, s. 95;
  • 2007, c. 21, s. 14;
  • 2014, c. 12, s. 32.
 
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