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

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

Revision Process

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

  • Marginal note:Cancellation of by-election

    (2) If a writ is deemed to have been superseded and withdrawn under subsection 31(3) of the Parliament of Canada Act, any revisions that are made to the preliminary lists of electors before the deemed withdrawal are deemed to have been approved by the returning officer or the assistant returning officer on the day fixed by the Chief Electoral Officer under subsection (1) as the beginning date for the revision of the preliminary lists of electors.

  • 2000, c. 9, s. 96;
  • 2014, c. 12, s. 33.
Marginal note:Election officers who are designated to receive applications
  •  (1) The returning officer, assistant returning officer and revising agents for an electoral district may receive applications for additions or corrections to, or deletions from, a preliminary list of electors or the Register of Electors for their electoral district.

  • Marginal note:Applications for addition, correction or deletion

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

Marginal note:Revision offices

 The returning officer may open one or more offices for the revision of the preliminary lists of electors. The office or offices shall have level access.

  • 2000, c. 9, s. 98;
  • 2014, c. 12, s. 34.
Marginal note:Revision — purpose

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

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

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

  • (c) deleting the names of persons whose names were incorrectly inserted on the lists.

Marginal note:Information in Register of Electors

 The Chief Electoral Officer may, for the purpose of section 99, provide to the returning officer and assistant returning officer information contained in the Register of Electors.

  • 2007, c. 21, s. 15.
Marginal note:Revising agents to act jointly
  •  (1) Each pair of revising agents appointed for an electoral district shall act jointly to assist in the revision of the preliminary lists of electors.

  • Marginal note:Disagreement between revising agents

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

Marginal note:Relevant elector information
  •  (1) The returning officer or assistant returning officer may add the name of any elector to the preliminary list of electors if

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

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

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

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

      • (ii) satisfactory proof of identity in respect of both electors; or

    • (d) the elector, or another elector who lives at the same residence as the elector, at their residence and in the presence of the revising agents completes the prescribed registration form and takes the prescribed oath.

  • Marginal note:Prescribed registration form

    (1.01) The prescribed registration form shall include a statement, to be signed by the elector who completes the form, that the elector whose name is to be added to the preliminary list of electors under subsection (1) is qualified as an elector.

  • Marginal note:Addition of elector’s name

    (1.1) The returning officer or assistant returning officer may also add to the preliminary list of electors the name of any elector whose name is added to the Register of Electors after that list has been prepared.

  • Marginal note:Exclusion from Register of Electors

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

  • Marginal note:Change of address

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

  • Marginal note:Deletion of name of elector

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

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

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

    • (c) it is established that the information provided in respect of the elector is not valid; or

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

  • Marginal note:Corrections

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

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

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

  • Marginal note:Address change within electoral district

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

  • 2000, c. 9, s. 101;
  • 2007, c. 21, s. 16;
  • 2014, c. 12, s. 35.
Marginal note:Notice of confirmation of registration

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

Objection Procedure

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

  • Marginal note:Affidavit of objection

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

  • Marginal note:Notice to be sent to person objected to

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

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

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

  • Marginal note: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).

  • Marginal note:Presence of candidates’ representatives

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

 
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