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

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

DIVISION 7Counting of Votes in the Office of the Returning Officer

Marginal note:Appointment of deputy returning officer and poll clerk
  •  (1) The returning officer shall appoint a deputy returning officer and poll clerk to verify the outer envelopes and to count the special ballots issued to electors in his or her electoral district and received in his or her office. More than one deputy returning officer and poll clerk may be appointed if the number of votes warrants it.

  • Marginal note:Assignment of duties

    (2) The returning officer shall assign duties so that a deputy returning officer chosen from among the persons recommended by the registered party whose candidate finished first in the last election in the electoral district works with a poll clerk chosen from among the persons recommended by the registered party whose candidate finished second in that election in that electoral district.

  • Marginal note:Merger of parties

    (3) For the purpose of subsection (2), in determining whether the candidate of a registered party finished first or second in the last election in a case where the registered party is the result of a merger with one or more parties that were registered parties at the last election, there shall be attributed to the candidate of the merged party, the number of votes of the candidate of the merging party with the largest number of votes at that last election.

  • Marginal note:Notification to candidates

    (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.

Marginal note:Candidate present at counting

 A candidate or his or her representative may be present for the verification of the outer envelopes and the counting of ballots received at the office of the returning officer.

Marginal note:Ballots to be kept sealed
  •  (1) The returning officer shall ensure that the ballots received at his or her office are kept sealed until they are given to the deputy returning officer.

  • Marginal note: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.

Marginal note:Verification of envelopes
  •  (1) A deputy returning officer and a poll clerk shall verify the outer envelopes, at the time fixed by the Chief Electoral Officer and in accordance with his or her instructions, by determining from the information on the outer envelope whether the elector is entitled to vote in the electoral district.

  • Marginal note:Notice

    (2) The returning officer shall notify the candidates of the time and place of the verification.

  • Marginal note:Provision of materials to deputy returning officer

    (3) 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.

Marginal note:Setting aside of outer envelope
  •  (1) The deputy returning officer shall set aside an outer envelope unopened when he or she ascertains on its examination that

    • (a) the information concerning the elector, as described on the outer envelope, does not correspond with the information on the application for registration and special ballot;

    • (b) the outer envelope, other than an outer envelope in respect of an elector who has taken a vote under section 243 or 243.1, does not bear the signature of an elector;

    • (c) more than one ballot has been issued to an elector; or

    • (d) the outer envelope was received after the prescribed deadline.

  • Marginal note:Registering objections

    (2) When the outer envelopes are verified, the poll clerk shall register any objection to an elector’s right to vote in the electoral district in the prescribed form.

  • Marginal note:Noting of reasons for setting aside

    (3) When an outer envelope is set aside unopened as described in subsection (1), the deputy returning officer shall note on it the reasons for the rejection. The deputy returning officer and the poll clerk shall initial the envelope.

Marginal note:Counting of outer envelopes
  •  (1) The deputy returning officer and the poll clerk shall count all valid outer envelopes.

  • Marginal note: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.

  • Marginal note:Counting the votes

    (3) After the close of the polling stations, the deputy returning officer shall open the ballot box and he or she together with the poll clerk shall open the inner envelopes and count the votes.

Marginal note:Rejection of ballots
  •  (1) The deputy returning officer shall, in counting the ballots, reject a ballot if

    • (a) it has not been supplied for the election;

    • (b) it is not marked;

    • (c) it is marked with a name other than the name of a candidate;

    • (d) it is marked for more than one candidate; or

    • (e) there is any writing or mark on it by which the elector could be identified.

  • Marginal note:Elector’s intent

    (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.

  • Marginal note:Political affiliation

    (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 candidate’s political affiliation, if the ballot clearly indicates the elector’s intent.

  • 2000, c. 9, s. 279;
  • 2001, c. 21, s. 15.

DIVISION 8Communication of the Results of the Vote

Marginal note:Communication of results
  •  (1) The Chief Electoral Officer shall, without delay after the closing of the polling stations at an election, inform each returning officer of the results of the count under Division 6 for the returning officer’s electoral district, giving the number of votes cast for each candidate and the number of rejected ballots.

  • Marginal note:Release of information

    (2) When the returning officer receives information from the Chief Electoral Officer respecting the results of the count under Division 6, the returning officer shall add those results to the results of the count under Division 7 and release all of them as being the results of the vote under the Special Voting Rules.

DIVISION 9Prohibitions

Marginal note:Prohibitions — inside or outside Canada

 No person shall, inside or outside Canada,

  • (a) wilfully disclose information as to how a ballot or special ballot has been marked by an elector;

  • (b) wilfully interfere with, or attempt to interfere with, an elector when marking a ballot or special ballot, or otherwise attempt to obtain any information as to the candidate for whom any elector is about to vote or has voted;

  • (c) knowingly make a false statement in an application for registration and special ballot;

  • (d) knowingly apply for a ballot or special ballot to which that person is not entitled;

  • (e) knowingly make a false statement in a declaration signed by him or her before a deputy returning officer;

  • (f) knowingly make a false declaration in the statement of ordinary residence completed by him or her;

  • (g) wilfully prevent or endeavour to prevent an elector from voting at an election; or

  • (h) wilfully at the counting of the votes, attempt to obtain information or communicate information obtained at the counting as to the candidate for whom a vote is given in a particular ballot or special ballot.

Marginal note:Prohibitions — outside Canada

 No person shall, outside Canada,

  • (a) by intimidation or duress, compel a person to vote or refrain from voting or vote or refrain from voting for a particular candidate at an election under this Part; or

  • (b) by any pretence or contrivance, including by representing that the ballot or the manner of voting at an election is not secret, induce a person to vote or refrain from voting or vote or refrain from voting for a particular candidate at an election under this Part.

 
Date modified: