Short Title

Marginal note:Short title

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

Interpretation

Marginal note:Definitions

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

  advance poll

  advance poll means a vote held under Part 10. (vote par anticipation)

  advance polling station

  advance polling station means a polling station established under subsection 168(3). (bureau de vote par anticipation)

  broadcaster

  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. (radiodiffuseur)

  broadcasting

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

  Broadcasting Arbitrator

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

  by-election

  by-election means an election other than a general election. (élection partielle)

  candidate

  candidate means a person whose nomination as a candidate at an election has been confirmed under subsection 71(1) and who, or whose official agent, has not yet complied with sections 477.59 to 477.72 and 477.8 to 477.84 in respect of that election. (candidat)

  capital asset

  capital asset means any property with a commercial value of more than $200 that

  • (a) in the case of a registered party, an electoral district association or a candidate, is normally used outside an election period other than for the purposes of an election;

  • (b) in the case of a nomination contestant, is normally used outside a nomination contest other than for the purposes of a nomination contest; and

  • (c) in the case of a leadership contestant, is normally used outside a leadership contest other than for the purposes of a leadership contest. (bien immobilisé)

  chief agent

  chief agent means the chief agent named in the application of a political party to become a registered party as required under paragraph 385(2)(h) or a chief agent’s replacement appointed under subsection 400(1). (agent principal)

  close of nominations

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

  closing day for nominations

  closing day for nominations means the day referred to in section 69. (jour de clôture)

  commercial value

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

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

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

  Commissioner

  Commissioner means the Commissioner of Canada Elections appointed under subsection 509(1). (commissaire)

  common-law partner

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

  contribution

  contribution means a monetary contribution or a non-monetary contribution. (contribution)

  election

  election means an election of a member to serve in the House of Commons. (élection)

  election advertising

  election advertising means the transmission to the public by any means during an election period of an advertising message that promotes or opposes a registered party or the election of a candidate, including by taking a position on an issue with which a registered party or candidate is associated. For greater certainty, it does not include

  • (a) the transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news;

  • (b) the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be an election;

  • (c) the transmission of a document directly by a person or a group to their members, employees or shareholders, as the case may be;

  • (d) the transmission by an individual, on a non-commercial basis on the Internet, of his or her personal political views; or

  • (e) the making of telephone calls to electors only to encourage them to vote. (publicité électorale)

  election advertising expense

  election advertising expense means an expense incurred in relation to

  • (a) the production of an election advertising message; and

  • (b) the transmission of an election advertising message to the public. (dépenses de publicité électorale)

  election documents

  election documents means the following documents:

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

  • (b) the nomination papers and other documents filed by the candidates or filed on their behalf under section 67;

  • (c) the reserve supply of undistributed blank ballot papers;

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

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

  • (f) the other documents sent to the Chief Electoral Officer from the various polling stations, the various advance polling stations or the returning officer’s office, including

    • (i) stubs and unused ballot papers,

    • (ii) ballot papers cast for the various candidates,

    • (iii) spoiled ballot papers,

    • (iv) rejected ballot papers,

    • (v) the list of electors used at the polling station, advance polling station or returning officer’s office,

    • (vi) written authorizations of candidates’ representatives,

    • (vii) used transfer certificates, if any, and

    • (viii) registration certificates; and

  • (g) the prescribed forms referred to in section 162 — other than those referred to in paragraph 162(i.1) — and any other prescribed form to be used at a polling station, advance polling station or returning officer’s office that contains personal information relating to an elector. (documents électoraux)

  election officer

  election officer means a person referred to in subsection 22(1) or appointed under section 32. (fonctionnaire électoral)

  election period

  election period means the period beginning with the issue of the writ and ending on polling day or, if the writ is withdrawn under subsection 59(1) or is deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act, on the day that the writ is withdrawn or deemed to be withdrawn. (période électorale)

  election survey

  election survey means a survey respecting whether persons intend to vote at an election or who they voted for or will vote for at an election or respecting an issue with which a registered party or candidate is associated. (sondage électoral)

  elector

  elector means a person who is qualified as an elector under section 3. (électeur)

  electoral district

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

  electoral district agent

  electoral district agent means a person appointed under subsection 456(1), and includes the financial agent of a registered association. (agent de circonscription)

  electoral district association

  electoral district association means an association of members of a political party in an electoral district. (association de circonscription)

  eligible party

  eligible party means a political party that satisfies the criteria for registration set out in section 387. (parti admissible)

  future elector

  future elector means a Canadian citizen who is 14 years of age or older but under 18 years of age. (futur électeur)

  judge

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

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

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

  • (c) in relation to the Provinces of Nova Scotia, British Columbia and Prince Edward Island, a judge of the Supreme Court of the Province;

  • (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 Province of Newfoundland and Labrador, a judge of the Trial Division of the Supreme Court of Newfoundland and Labrador;

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

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

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

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

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

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

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

  leadership campaign agent

  leadership campaign agent means a person appointed under subsection 478.5(1), and includes the financial agent of a leadership contestant. (agent de campagne à la direction)

  leadership campaign expense

  leadership campaign expense[Repealed, 2018, c. 20, s. 1]

  leadership contest

  leadership contest means a competition for the selection of the leader of a registered party. (course à la direction)

  leadership contestant

  leadership contestant means a person who has been registered in the registry of leadership contestants referred to in section 478.4 in respect of a leadership contest and who, or whose financial agent, has not yet complied with sections 478.8 to 478.97 in respect of that leadership contest. (candidat à la direction)

  list of electors

  list of electors means the list showing the surname, given names, civic address and mailing address of every elector in a polling division and the identifier that is assigned to the elector by the Chief Electoral Officer.  (liste électorale)

  member

  member means a member of the House of Commons. (député)

  Minister

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

  monetary contribution

  monetary contribution means an amount of money provided that is not repayable. (contribution monétaire)

  National Capital Region

  National Capital Region means the National Capital Region as described in the schedule to the National Capital Act. (région de la capitale nationale)

  nomination campaign expense

  nomination campaign expense[Repealed, 2018, c. 20, s. 1]

  nomination contest

  nomination contest means a competition for the selection of a person to be proposed to a registered party for its endorsement as its candidate in an electoral district. (course à l’investiture)

  nomination contestant

  nomination contestant means a person who is named as a nomination contestant under paragraph 476.1(1)(c) in a report filed in accordance with subsection 476.1(1) in respect of a nomination contest and who, or whose financial agent, has not yet complied with sections 476.75 to 476.94 in respect of that nomination contest. (candidat à l’investiture)

  non-monetary contribution

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

  oath

  oath includes a solemn affirmation and a statutory declaration. (serment)

  official agent

  official agent means a person appointed under subsection 477.1(1) or an official agent’s replacement appointed under section 477.42. (agent officiel)

  official list of electors

  official list of electors means the list of electors prepared by the returning officer under section 106. (liste électorale officielle)

  partisan advertising

  partisan advertising means the transmission to the public by any means during a pre-election period of an advertising message that promotes or opposes a registered party or eligible party or the election of a potential candidate, nomination contestant or leader of a registered party or eligible party, otherwise than by taking a position on an issue with which any such party or person is associated. For greater certainty, it does not include

  • (a) the transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news;

  • (b) the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be an election;

  • (c) the transmission of a document by a Senator or a member the expense of which is paid by the Senate or House of Commons;

  • (d) the transmission of a document directly by a person or a group to their members, employees or shareholders, as the case may be;

  • (e) the transmission by an individual, on a non-commercial basis on the Internet, of his or her personal political views; or

  • (f) the making of telephone calls to electors only to encourage them to vote. (publicité partisane)

  partisan advertising expense

  partisan advertising expense means an expense incurred in relation to

  • (a) the production of a partisan advertising message; and

  • (b) the transmission of a partisan advertising message to the public. (dépenses de publicité partisane)

  periodical publication

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

  personal information

  personal information means personal information as defined in section 3 of the Privacy Act. (renseignements personnels)

  political affiliation

  political affiliation, in respect of a candidate, means the name of the political party that has endorsed him or her or the word “independent”, as the case may be, included in the nomination paper in accordance with subparagraph 66(1)(a)(v). (appartenance politique)

  political party

  political party means an organization one of whose fundamental purposes is to participate in public affairs by endorsing one or more of its members as candidates and supporting their election. (parti politique)

  polling day

  polling day, in relation to an election, means the date fixed for voting at the election under paragraph 57(1.2)(c) or subsection 59(4) or 77(2). (jour du scrutin)

  polling division

  polling division means a polling division referred to in section 538. (section de vote)

  polling station

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

  potential candidate

  potential candidate means a person whose nomination as a candidate at an election has not been confirmed under subsection 71(1) but who

  • (a) is selected in a nomination contest;

  • (b) is deemed to be a candidate under section 477;

  • (c) is a member or, if Parliament is dissolved, was a member on the day before the dissolution; or

  • (d) has the support of a political party to be a candidate of that party. (candidat potentiel)

  pre-election period

  pre-election period means the period beginning on the June 30 before the day set in accordance with subsection 56.1(2) for the holding of a general election and ending on the day before the earlier of

  • (a) the first day of an election period for a general election, and

  • (b) the 37th day before the Monday referred to in subsection 56.1(2) or, if the Governor in Council makes an order under subsection 56.2(3), the 37th day before the alternate day referred to in that order. (période préélectorale)

  preliminary list of electors

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

  prescribed

  prescribed, in relation to a form or a solemn declaration, means one that is authorized by the Chief Electoral Officer. (prescrit)

  recount

  recount means a recount of votes by a judge under Part 14. (dépouillement judiciaire)

  registered agent

  registered agent means a person appointed under subsection 396(1), and includes the chief agent of a registered party. (agent enregistré)

  registered association

  registered association means an electoral district association that is registered in the registry of electoral district associations referred to in section 455. (association enregistrée)

  registered party

  registered party means a political party that is registered in the registry of political parties referred to in section 394 as a registered party. (parti enregistré)

  Register of Electors

  Register of Electors means the Register of Electors established under paragraph 44(1)(a). (Registre des électeurs)

  Register of Future Electors

  Register of Future Electors means the Register of Future Electors established under paragraph 44(1)(b). (Registre des futurs électeurs)

  revised list of electors

  revised list of electors means the list of electors prepared by the returning officer under section 105. (liste électorale révisée)

  spoiled

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

  • (a) one that has not been deposited in the ballot box but has been found by an election officer or a unit election officer as defined in section 177 to be soiled or improperly printed; or

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

  volunteer labour

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

  writ

  writ means a writ of election. (bref)

• Marginal note:Commercial value of capital assets

  (1.1) For the purposes of this Act, the commercial value of any capital asset that is used during a nomination contest, an election period or a leadership contest, as the case may be, is the lower of

  • (a) the commercial value of the rental of the same kind of asset during the period during which the capital asset was used, and

  • (b) the commercial value of the same kind of asset if one were purchased.

• Marginal note:No commercial value

  (2) For the purposes of this Act, other than section 477.9, the commercial value of property or a service is deemed to be nil if

  • (a) the property or service is provided by a Canadian citizen, or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, who is not in the business of providing that property or service; and

  • (b) the commercial value of the property or service is $200 or less.

• Marginal note:Satisfactory proof of identity and residence

  (3) For the purposes of this Act, satisfactory proof of identity and satisfactory proof of residence are established in the manner determined by the Chief Electoral Officer.

• Marginal note:Time

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

• Marginal note:Descriptive cross-references

  (5) If, in any provision of this Act, a reference to another provision of this Act or a provision of any other Act is followed by words in parentheses that are or purport to be descriptive of the subject-matter of the provision referred to, those words form no part of the provision in which they occur but are inserted for convenience of reference only.

• Marginal note:Definition of polling day

  (6) If a writ for an election is withdrawn under subsection 59(1) or is deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act, then, in Parts 16.1 and 17 and Divisions 1, 2, 4 and 5 of Part 18, polling day means the day that the writ is withdrawn or deemed to be withdrawn.

• Marginal note:Definitions of election advertising and partisan advertising

  (7) For the purposes of the definitions election advertising and partisan advertising, promoting or opposing includes

  • (a) in relation to a registered party or eligible party,

    • (i) naming it,

    • (ii) identifying it, including by its logo, and

    • (iii) providing a link to an Internet page that does anything referred to in subparagraphs (i) and (ii); and

  • (b) in relation to the election of a potential candidate, a nomination contestant, a candidate or a leader of a registered party or eligible party,

    • (i) naming him or her,

    • (ii) showing a photograph, cartoon or drawing of him or her,

    • (iii) identifying him or her, including by political affiliation or by any logo that he or she has, and

    • (iv) providing a link to an Internet page that does anything referred to in subparagraphs (i) to (iii).

PART 1Electoral Rights

Marginal note:Persons qualified as electors

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

4 [Repealed, 2018, c. 31, s. 3]

5 [Repealed, 2018, c. 31, s. 3]

Marginal note:Persons entitled to vote

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

7 [Repealed, 2018, c. 31, s. 4]

Marginal note:Place of ordinary residence

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

• Marginal note:One place of residence only

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

• Marginal note:Person residing outside Canada

  (2.1) The place of ordinary residence of a person who resides outside Canada is their last place of ordinary residence in Canada.

• Marginal note:Temporary absence

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

• Marginal note:Place of employment

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

• Marginal note:Temporary residence

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

• Marginal note:Temporary residential quarters

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

Marginal note:Interpretation of ordinary residence

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

Marginal note:Former member candidates and electors living with them

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

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

  • (b) [Repealed, 2018, c. 31, s. 6]

  • (c) the office of the returning officer for the electoral district in which the former member is a candidate.

  • (d) [Repealed, 2018, c. 31, s. 6]

• Marginal note:Former member candidates and electors living with them — notice to returning officer

  (2) If a candidate or elector referred to in subsection (1) provides notice to the returning officer, at least two days before polling day, of his or her intention to vote at the polling station, the candidate or elector is entitled to have his or her name entered on the list of electors for, and to vote at the polling station to which is assigned, any polling division in

  • (a) the electoral district in which the former member is a candidate; or

  • (b) the electoral district in the National Capital Region where the former member resides for the purpose of carrying out parliamentary duties.

11 [Repealed, 2018, c. 31, s. 7]

Marginal note:Residence at by-election

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

• Marginal note:Address change within electoral district

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

PART 2Chief Electoral Officer and Staff

Chief Electoral Officer

Marginal note:Appointment and term of office

• 13 (1) There shall be a Chief Electoral Officer who shall be appointed by resolution of the House of Commons to hold office during good behaviour for a term of 10 years. He or she may be removed for cause by the Governor General on address of the Senate and House of Commons.

• Marginal note:No re-appointment

  (2) A person who has served as Chief Electoral Officer is not eligible for re-appointment to that office.

Marginal note:Appointment of substitute

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

• Marginal note:Tenure of office of substitute

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

• Marginal note:Absence of Chief Justice

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

• Marginal note:Remuneration of substitute

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

Marginal note:Rank, powers and duties

• 15 (1) Subject to subsections 509.1(2) and (3), the Chief Electoral Officer shall rank as and have all the powers of a deputy head of a department, shall perform the duties of the office on a full-time basis and shall not hold any other office under Her Majesty or engage in any other employment.

• Marginal note:Salary and expenses of Chief Electoral Officer

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

• Marginal note:Superannuation and compensation

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

• Marginal note:Communication with Governor in Council

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

Marginal note:Powers and duties of Chief Electoral Officer

16 The Chief Electoral Officer shall

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

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

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

• (d) exercise the powers and perform the duties and functions that are necessary for the administration of this Act, other than Division 1.1 of Part 16.1.

Marginal note:Guidelines and interpretation notes

• 16.1 (1) The Chief Electoral Officer shall, in accordance with this section, issue guidelines and interpretation notes on the application of this Act — other than Division 1.1 of Part 16.1 — to registered parties, registered associations, nomination contestants, candidates and leadership contestants.

• Marginal note:Application

  (2) The Chief Electoral Officer shall, in accordance with this section, on application by the chief agent of a registered party, issue a guideline or interpretation note on the application of a provision of this Act — other than a provision of Division 1.1 of Part 16.1 — to registered parties, registered associations, nomination contestants, candidates and leadership contestants.

• Marginal note:Consultations

  (3) Before issuing a guideline or interpretation note, the Chief Electoral Officer shall provide a copy of the proposed guideline or interpretation note to the Commissioner and to the members of the Advisory Committee of Political Parties established by subsection 21.1(1). The Commissioner and those members may provide their written comments to the Chief Electoral Officer within 45 days after the day on which the copy is sent.

• Marginal note:Comments

  (4) The Chief Electoral Officer shall, in preparing the guideline or interpretation note, take into consideration any comments received under subsection (3).

• (5) [Repealed, 2018, c. 31, s. 9]

• (6) [Repealed, 2018, c. 31, s. 9]

• Marginal note:Issuance

  (7) The Chief Electoral Officer shall issue the guideline or interpretation note by registering it in the registry referred to in section 16.4 as soon as possible after preparing it.

• Marginal note:Nature of guidelines and interpretation notes

  (8) The guidelines and interpretation notes are issued for information purposes only. They are not binding on registered parties, registered associations, nomination contestants, candidates or leadership contestants.

Marginal note:Application for written opinion

• 16.2 (1) The Chief Electoral Officer shall, in accordance with this section, on application by the chief agent of a registered party, issue a written opinion on the application of any provision of this Act — other than a provision of Division 1.1 of Part 16.1 — to an activity or practice that the registered party or a registered association, nomination contestant, candidate or leadership contestant of the registered party proposes to engage in.

• Marginal note:Consultations

  (2) Before issuing an opinion, the Chief Electoral Officer shall provide a copy of the proposed opinion to the Commissioner and to the members of the Advisory Committee of Political Parties established by subsection 21.1(1). The Commissioner and those members may provide their written comments to the Chief Electoral Officer within 30 days after the day on which the copy is sent.

• Marginal note:Comments

  (3) The Chief Electoral Officer shall, in preparing the opinion, take into consideration any comments received under subsection (2).

• Marginal note:Pre-publication

  (4) Within 90 days after the day on which the application is made, the Chief Electoral Officer shall publish on his or her Internet site for a period of 30 days the opinion as well as a notice stating that the opinion will be issued at the expiry of that period. However, if the 90-day period coincides or overlaps with the election period of a general election, the opinion and the notice shall be published no later than 90 days after polling day for that election.

• Marginal note:Issuance

  (5) On the expiry of the 30-day period referred to in subsection (4), the Chief Electoral Officer shall issue the opinion by registering it in the registry referred to in section 16.4.

• Marginal note:Opinion binding

  (6) If all the material facts have been submitted by an applicant for an opinion and they are accurate, the opinion issued by the Chief Electoral Officer under this section is binding on the Chief Electoral Officer and the Commissioner with respect to the activity or practice of the registered party, registered association, nomination contestant, candidate or leadership contestant in question. It remains binding for as long as the material facts on which it was based remain substantially unchanged and the activity or practice is carried out substantially as proposed.

• Marginal note:Precedential value

  (7) An opinion issued by the Chief Electoral Officer under this section has precedential value for the Chief Electoral Officer and the Commissioner.

• Marginal note:Contrary interpretation

  (8) The opinion remains binding in accordance with subsection (6), and has the precedential value referred to in subsection (7), for as long as a contrary interpretation has not been subsequently issued by means of a guideline or interpretation note issued under section 16.1 or an opinion issued under this section.

Marginal note:New interpretation

16.3 If an opinion that is published under subsection 16.2(4) interprets a provision of the Act in a way that contradicts an interpretation of that provision provided in a previously issued opinion, the new interpretation does not replace the former interpretation until the date that the new opinion is issued under section 16.2.

Marginal note:Registry

16.4 The Chief Electoral Officer shall establish and maintain a registry on his or her Internet site that contains every guideline and interpretation note that is issued under section 16.1, every opinion that is issued under section 16.2 and all comments of the Commissioner that are provided under subsection 16.1(3) or 16.2(2).

• 16.5 (1) [Repealed, 2018, c. 31, s. 12]

• Marginal note:Obligation to disclose documents and information

  (2) On the request of the Commissioner, the Chief Electoral Officer shall disclose to the Commissioner any document or information that the Chief Electoral Officer obtained under this Act and that the Commissioner considers necessary to the exercise or performance of his or her powers, duties and functions under this Act.

Marginal note:Power to adapt Act

• 17 (1) During an election period or within 30 days after it, if an emergency, an unusual or unforeseen circumstance or an error makes it necessary, the Chief Electoral Officer may, for the sole purpose of enabling electors to exercise their right to vote or enabling the counting of votes, adapt any provision of this Act and, in particular, may extend the time for doing any act, subject to subsection (2), or may increase the number of election officers or polling stations.

• Marginal note:Limitation — power to adapt

  (2) The Chief Electoral Officer shall not extend the voting hours at an advance polling station or, subject to subsection (3), the voting hours on polling day.

• Marginal note:Emergency — extending voting hours

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

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

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

17.1 [Repealed, 2018, c. 31, s. 13]

Marginal note:Public education and information programs

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

• Marginal note:Communication with public

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

• Marginal note:Information outside Canada

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

• Marginal note:Communication with electors with a disability

  (2) The Chief Electoral Officer shall ensure that any information on the following that is provided under subsections (1) to (1.2) in an advertising message is accessible to electors with a disability:

  • (a) how to become a candidate;

  • (b) how an elector may have their name added to a list of electors and may have corrections made to information respecting them on the list;

  • (c) how an elector may vote under section 127 and the times, dates and locations for voting;

  • (d) how an elector may prove their identity and residence in order to vote, including the pieces of identification that they may use to that end; and

  • (e) the measures for assisting electors with a disability to access a polling station or advance polling station or to mark a ballot.

• Marginal note:Communication with future electors with a disability

  (2.1) If the Chief Electoral Officer provides, in an advertising message, any information under subsections (1) and (1.1) on how a future elector may have their name added to the Register of Future Electors and may have corrections made to information respecting them in that register, the Chief Electoral Officer shall ensure that the information is accessible to future electors with a disability.

• Marginal note:Unsolicited calls

  (3) The Chief Electoral Officer shall not provide information under this section by the use of calls, as defined in section 348.01, that are unsolicited.

Marginal note:International cooperation

18.01 The Chief Electoral Officer may provide assistance and cooperation in electoral matters to electoral agencies in other countries or to international organizations.

Marginal note:Voting studies

• 18.1 (1) The Chief Electoral Officer may carry out studies on voting, including studies respecting alternative voting means.

• Marginal note:Alternative voting

  (2) The Chief Electoral Officer may devise and test an alternative voting process for future use in an election.

• Marginal note:Voting technology — electors with a disability

  (3) The Chief Electoral Officer shall develop, obtain or adapt voting technology for use by electors with a disability, and may test the technology for future use in an election.

• Marginal note:Prior approval

  (4) Neither an alternative voting process nor voting technology tested under subsection (2) or (3) may be used in an election without the prior approval of the committees of the Senate and of the House of Commons that normally consider electoral matters.

Marginal note:Power to enter into contracts, etc.

• 18.2 (1) The Chief Electoral Officer may enter into contracts, memoranda of understanding or other arrangements in the name of Her Majesty in right of Canada or in the Chief Electoral Officer’s name in the exercise or performance of his or her powers, duties and functions under this Act or any other Act of Parliament.

• Marginal note:Leases

  (2) The Chief Electoral Officer may authorize a returning officer to enter into a lease in the Chief Electoral Officer’s name, subject to any terms and conditions that the Chief Electoral Officer specifies.

• Marginal note:Contracts, etc., binding on Her Majesty

  (3) Every contract, memorandum of understanding and arrangement entered into in the Chief Electoral Officer’s name is binding on Her Majesty in right of Canada to the same extent as it is binding on the Chief Electoral Officer.

• Marginal note:Goods and services

  (4) Despite section 9 of the Department of Public Works and Government Services Act, the Chief Electoral Officer may procure goods and services from outside the federal public administration.

Marginal note:Signature

18.3 A requirement under a provision of this Act for a signature may be satisfied in any manner that the Chief Electoral Officer authorizes.

Staff

Marginal note:Staff

19 The staff of the Chief Electoral Officer consists of employees appointed in accordance with the Public Service Employment Act.

Marginal note:Technical assistance

• 20 (1) The Chief Electoral Officer may engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to the Chief Electoral Officer’s work to advise and assist him or her in the exercise or performance of his or her powers, duties and functions under this or any other Act of Parliament and, with the Treasury Board’s approval, may fix and pay those persons’ remuneration and expenses.

• Marginal note:Casual and temporary staff

  (2) Any additional employees that the Chief Electoral Officer considers necessary for the exercise or performance of his or her powers, duties and functions under this Act that are related to the preparation for, and the conduct of, an election may be employed on a casual or temporary basis in accordance with the Public Service Employment Act.

Marginal note:Delegation

21 The Chief Electoral Officer may delegate to any member of his or her staff, subject to any limitations that he or she may specify, any of his or her powers, duties and functions under this or any other Act of Parliament, except the power to delegate.

Advisory Committee of Political Parties

Marginal note:Establishment

• 21.1 (1) A committee is established, to be known as the Advisory Committee of Political Parties, consisting of the Chief Electoral Officer and two representatives of each registered party appointed by the party’s leader.

• Marginal note:Purpose

  (2) The purpose of the committee is to provide the Chief Electoral Officer with advice and recommendations relating to elections and political financing.

• Marginal note:Advice and recommendations not binding

  (3) The committee’s advice and recommendations are not binding on the Chief Electoral Officer.

• Marginal note:Meetings

  (4) The committee shall meet at least once a year and its meetings shall be presided over by the Chief Electoral Officer.

PART 3Election Officers

General

Marginal note:Election officers

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

  • (a) field liaison officers appointed under section 23.2;

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

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

  • (c) persons authorized by a returning officer under section 27 to exercise powers or perform duties under this Act;

  • (c.1) persons designated pursuant to subsection 28(3.1);

  • (d) [Repealed, 2018, c. 31, s. 20]

  • (e) [Repealed, 2018, c. 31, s. 20]

  • (f) [Repealed, 2018, c. 31, s. 20]

  • (g) [Repealed, 2018, c. 31, s. 20]

  • (g.1) [Repealed, 2018, c. 31, s. 20]

  • (h) [Repealed, 2018, c. 31, s. 20]

  • (i) [Repealed, 2018, c. 31, s. 20]

  • (j) [Repealed, 2018, c. 31, s. 20]

  • (k) [Repealed, 2018, c. 31, s. 20]

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

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

  • (n) liaison officers for correctional institutions appointed under subsection 248(1).

  • (o) [Repealed, 2018, c. 31, s. 20]

• Marginal note:Election officers — exclusions

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

• Marginal note:Who shall not be appointed election officers

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

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

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

  • (c) a member of the legislative assembly of a province;

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

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

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

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

• Marginal note:Qualifications

  (4) An election officer must be qualified as an elector, and an election officer referred to in paragraph (1)(a.1) or (b) must reside in the electoral district in which he or she is to exercise powers or perform duties under this Act or in an adjacent electoral district.

• Marginal note:Election officers younger than 18

  (5) Despite subsection (4), an election officer appointed under section 32 may be under 18 years of age but must be at least 16 years of age.

• Marginal note:Prohibition — acting as election officer

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

Marginal note:Solemn declaration

• 23 (1) Before assuming duties, an election officer shall make, in writing, a solemn declaration, in the prescribed form, that he or she will exercise the powers and perform the duties of the office in an impartial manner.

• Marginal note:Prohibition

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

• Marginal note:Sending of solemn declarations

  (3) The returning officer shall send his or her solemn declaration and that of the assistant returning officer without delay to the Chief Electoral Officer.

Marginal note:Unsolicited calls

23.1 An election officer shall not communicate with the public by the use of calls, as defined in section 348.01, that are unsolicited.

Field Liaison Officers

Marginal note:Appointment of field liaison officers

• 23.2 (1) The Chief Electoral Officer may appoint a field liaison officer in respect of a given geographical area in accordance with the process established under subsection (2) and may remove him or her only in accordance with the procedure established under that subsection.

• Marginal note:Qualifications

  (2) The Chief Electoral Officer shall prescribe the qualifications for the appointment of persons as field liaison officers and shall establish for field liaison officers an external appointment process as defined in subsection 2(1) of the Public Service Employment Act on the basis of merit and a fair procedure for their removal on the grounds set out in subsection (9).

• Marginal note:Meaning of merit

  (3) The appointment of a person as a field liaison officer is made on the basis of merit if the Chief Electoral Officer is satisfied that the person meets the essential qualifications for the work to be performed and has regard to

  • (a) any additional qualifications that the Chief Electoral Officer considers to be an asset for the work to be performed; and

  • (b) any current or future operational requirements.

• Marginal note:Period of appointment

  (4) A field liaison officer shall be appointed for the period determined by the Chief Electoral Officer.

• Marginal note:Re-appointment

  (5) The Chief Electoral Officer may re-appoint any field liaison officer who has performed the functions of a field liaison officer in a satisfactory manner, regardless of whether or not other persons are considered for the appointment.

• Marginal note:Continuation in office

  (6) A field liaison officer may, with the Chief Electoral Officer’s approval, continue in office after the expiry of the period referred to in subsection (4) until the field liaison officer is re-appointed or another person is appointed to the office.

• Marginal note:Responsibilities

  (7) A field liaison officer is responsible, under the Chief Electoral Officer’s general direction, in respect of the geographical area to which they are assigned, for

  • (a) providing support to returning officers;

  • (b) acting as an intermediary between the returning officers and the Office of the Chief Electoral Officer; and

  • (c) on the Chief Electoral Officer’s request, providing support in relation to the appointment of returning officers.

• Marginal note:No partisan conduct

  (8) No field liaison officer shall knowingly engage in politically partisan conduct and in particular shall not make a contribution to a nomination contestant, a candidate or a leadership contestant or belong to or make a contribution to, be an employee of or hold a position in, a registered party, an eligible party or an electoral district association.

• Marginal note:Removal from office

  (9) The Chief Electoral Officer may remove from office any field liaison officer who

  • (a) is incapable, by reason of illness, disability or otherwise, of satisfactorily exercising their powers or performing their duties under this Act;

  • (b) fails to competently exercise a field liaison officer’s powers or competently perform a field liaison officer’s duties under this Act or to comply with an instruction of the Chief Electoral Officer issued under paragraph 16(c); or

  • (c) contravenes subsection (8), whether or not the contravention occurs in the exercise of their powers or the performance of their duties under this Act.

Returning Officers and Assistant Returning Officers

Marginal note:Appointment of returning officers

• 24 (1) The Chief Electoral Officer shall appoint a returning officer for each electoral district in accordance with the process established under subsection (1.1) and may only remove him or her in accordance with the procedure established under that subsection.

• Marginal note:Qualifications

  (1.1) The Chief Electoral Officer shall prescribe the qualifications for the appointment of persons as returning officers, and shall establish for returning officers an external appointment process within the meaning of subsection 2(1) of the Public Service Employment Act on the basis of merit and a fair procedure for their removal on the grounds set out in subsection (7).

• Marginal note:Meaning of merit

  (1.2) The appointment of a person as a returning officer is made on the basis of merit if the Chief Electoral Officer is satisfied that the person meets the essential qualifications for the work to be performed and has regard to

  • (a) any additional qualifications that the Chief Electoral Officer considers to be an asset for the work to be performed; and

  • (b) any current or future operational requirements.

• Marginal note:Term of office

  (1.3) A returning officer shall be appointed for a term of ten years.

• Marginal note:New term

  (1.4) The Chief Electoral Officer may, after consultation with the leader of every recognized political party in the House of Commons, appoint for a new term any returning officer who has performed the functions of a returning officer in a satisfactory manner, whether or not other persons are considered for the appointment, if the office of returning officer is vacant by reason of

  • (a) the expiry of the returning officer’s term of office; or

  • (b) the revision of the boundaries of the electoral district as a result of a representation order made under section 25 of the Electoral Boundaries Readjustment Act.

• Marginal note:Continuation in office

  (1.5) A returning officer may, with the approval of the Chief Electoral Officer, continue in office after his or her term expires until he or she is reappointed or until another person is appointed to the office.

• Marginal note:Responsibility of returning officer

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

• Marginal note:Obligation to act to enable elections to be held

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

• Marginal note:Vacancy

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

• Marginal note:Resignation

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

• Marginal note:No partisan conduct

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

• Marginal note:Removal from office

  (7) The Chief Electoral Officer may remove from office any returning officer who

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

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

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

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

• Marginal note:Temporary suspension

  (8) The Chief Electoral Officer may temporarily suspend from office a returning officer for any grounds set out in subsection (7).

• Marginal note:Duration of suspension

  (9) The period of suspension expires at the end of the period that the Chief Electoral Officer considers appropriate. However, if a procedure is commenced — either before or during the period of suspension — that could lead to the returning officer’s removal, the period of suspension expires on the day on which the Chief Electoral Officer makes his or her final decision in that regard.

Marginal note:List in Canada Gazette

25 Between the 1st and 20th days of January in each year, the Chief Electoral Officer shall publish a list in the Canada Gazette of the name, address and occupation of the returning officer for each electoral district in Canada.

Marginal note:Assistant returning officer

• 26 (1) Without delay after being appointed, a returning officer shall, with the Chief Electoral Officer’s prior approval of the individual proposed to be appointed, appoint an assistant returning officer, who shall hold office at pleasure.

• Marginal note:Restriction on appointment

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

Marginal note:Delegation

• 27 (1) The returning officer for an electoral district may, with the Chief Electoral Officer’s prior approval, authorize any person acting under his or her direction to exercise any of the powers or perform any of the duties of a returning officer under this Act, except those described in subsection 24(3), sections 62 and 63, subsection 71(1), sections 71.1, 74, 77, 130, 293 to 298 and 300, subsection 301(6) and sections 313 to 316.

• Marginal note:Authorization in writing

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

Marginal note:Notification if returning officer incapacitated

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

• (2) [Repealed, 2006, c. 9, s. 176]

• Marginal note:Assistant returning officer to act

  (3) Subject to subsection 24(1.5), if a returning officer is absent or unable to act or if a returning officer’s office is vacant, the assistant returning officer shall act in place of the returning officer.

• Marginal note:Designated person to act — suspension of returning officer

  (3.01) If a returning officer is under suspension during the six months before the day set in accordance with subsection 56.1(2) for the holding of a general election or during any election period that falls in whole or in part outside that six-month period, the Chief Electoral Officer may designate a person to act in the returning officer’s place, and that person may, during and after that period, exercise the powers and perform the duties of a returning officer in relation to that election.

• Marginal note:Designated person to act — absence of returning and assistant returning officers

  (3.1) If, during the six months before the day set in accordance with subsection 56.1(2) for the holding of a general election or during any election period that falls in whole or in part outside that six-month period, a returning officer is absent or unable to act or a returning officer’s office is vacant and, at the same time, the assistant returning officer is absent or unable to act or the assistant returning officer’s office is vacant, the Chief Electoral Officer shall designate a person to act in place of the returning officer, and that person may, during and after that period, exercise the powers and perform the duties of a returning officer in relation to that election.

• Marginal note:Appointment within limited period

  (4) When the office of a returning officer becomes vacant, the Chief Electoral Officer shall appoint a new returning officer without delay.

• Marginal note:Appointment of assistant returning officer

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

Marginal note:Duties of returning officer

• 29 (1) A returning officer shall

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

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

• Marginal note:Appointment of substitute

  (2) If an assistant returning officer dies, resigns, becomes disqualified or incapable of acting or refuses to act, or is removed from office for any other reason, the returning officer shall without delay appoint a substitute with the Chief Electoral Officer’s prior approval.

• Marginal note:Tenure of office of assistant returning officer

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

• Marginal note:Resignation by assistant returning officer

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

Marginal note:Additional assistant returning officer

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

• Marginal note:Appointment

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

• Marginal note:Delegation limited

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

• Marginal note:Further limitation

  (4) An assistant returning officer appointed under subsection (2) is not an assistant returning officer for the purposes of subsections 28(1), 60(2), 70(1) and 293(1).

Marginal note:Prohibition — acting in another capacity

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

Election Officers Appointed by Returning Officer

Marginal note:Election officers

• 32 (1) Subject to subsections (2) and (3) and 33(2) and (3), a returning officer shall, after the issue of the writ, appoint in accordance with the Chief Electoral Officer’s instructions the election officers that the returning officer considers necessary for exercising election officers’ powers and performing election officers’ duties under this Act in the returning officer’s electoral district.

• Marginal note:Appointment before issue of writ

  (2) A returning officer may, in accordance with the Chief Electoral Officer’s instructions, appoint election officers before the issue of the writ if the returning officer considers that it is desirable to do so for the purpose of training and preparing them to exercise their powers and perform their duties under this Act after the issue of the writ.

• Marginal note:Maximum number of election officers appointed

  (3) Before the eighth day after the issue of the writ, a returning officer shall not appoint more than half the number of election officers referred to in subsection (1).

32.1 [Repealed, 2018, c. 31, s. 29]

Marginal note:Solicitation of names

• 33 (1) As soon as possible after the issue of the writ, a returning officer shall solicit names of persons suitable to be election officers from the candidates of registered parties that endorsed candidates in the last election in the electoral district or from the registered associations of those registered parties — or, if such a registered party has no registered association in that electoral district, from that registered party.

• Marginal note:Persons whose names are provided to be appointed

  (2) If the number of names provided under subsection (1) within seven days after the issue of the writ is less than, or equal to, the number of election officers remaining to be appointed under subsection 32(1) after the returning officer has appointed election officers under section 32, the returning officer shall, subject to subsection 37(1), appoint the persons named as election officers.

• Marginal note:Proportional distribution

  (3) If the number of names provided under subsection (1) within seven days after the issue of the writ is more than the number of election officers remaining to be appointed under subsection 32(1) after the returning officer has appointed election officers under section 32, the returning officer shall, subject to subsection 37(1), appoint from those names the election officers remaining to be appointed as far as possible in the proportion of the votes received in the last election in the electoral district by the candidates of the registered parties whose candidates or registered associations provided names under subsection (1), or that themselves provided names under that subsection, as the case may be.

• Marginal note:Removal or replacement

  (4) If a returning officer removes or replaces an election officer, the former election officer shall return all election documents and election materials in his or her possession to the returning officer or to an authorized person.

• Marginal note:Lists of election officers

  (5) Each returning officer shall make available to each candidate, on completion of the list, a list of the election officers for the electoral district who will be responsible for assisting the returning officer or assistant returning officer in the revision of lists of electors under Part 7.

• Marginal note:Identification

  (6) Each election officer shall, while exercising his or her powers or performing his or her duties, wear or carry the identification that is supplied by the Chief Electoral Officer and shall show it on request.

34 [Repealed, 2018, c. 31, s. 29]

35 [Repealed, 2018, c. 31, s. 29]

36 [Repealed, 2018, c. 31, s. 29]

Marginal note:Refusal to appoint

• 37 (1) A returning officer may, on reasonable grounds, refuse to appoint as an election officer a person recommended by a candidate or by a registered association or registered party and shall immediately advise the candidate, association or party of the refusal.

• Marginal note:Recommendation of another person

  (2) If as a result of the refusal a position is not filled and there are no more persons whose names were provided by the candidate, registered association or registered party under subsection 33(1) who may be appointed under subsection 33(2) or (3), the candidate, association or party may recommend another person within 24 hours after being advised of the refusal.

Marginal note:Record of election officers’ powers and duties

38 A returning officer shall keep a record of the powers and duties that he or she has assigned to each election officer, and of the time at which or during which each election officer is to exercise a power or perform a duty assigned to him or her.

Marginal note:Election officers

39 An election officer shall exercise or perform, in accordance with the Chief Electoral Officer’s instructions, any power or duty assigned to him or her by a returning officer.

Equality of Votes

Marginal note:List of names to be provided

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

New Electoral Districts

Marginal note:Results transposed

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

• (2) [Repealed, 2018, c. 31, s. 30]

• (3) [Repealed, 2018, c. 31, s. 30]

• Marginal note:Notice

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

Merger of Registered Parties

Marginal note:Attribution of votes for appointments

42 For the purposes of subsection 33(3) and section 41, in a case in which a registered party that endorsed a candidate in the last election merges with one or more parties that were registered parties at the last election,

• (a) the merged party is deemed to have endorsed a candidate in the last election in the electoral district; and

• (b) that candidate is deemed to have received the same number of votes as the candidate who, among the candidates of the merging parties, received the largest number of votes at that election.

Prohibitions

Marginal note:Prohibitions

43 No person shall

• (a) knowingly obstruct an election officer in the exercise of his or her powers or the performance of his or her duties;

• (b) without authority, use identification simulating that used by an election officer or intended to replace that prescribed by the Chief Electoral Officer for that purpose; or

• (c) having been removed or replaced as an election officer, fail to return any election documents or election materials in his or her possession to the returning officer or to an authorized person.

Marginal note:Right of access

• 43.1 (1) No person who is in control of an apartment building, condominium building or other multiple-residence building or a gated community shall prevent an election officer or a member of the staff of a returning officer from obtaining access to the building or gated community, as the case may be, between 9:00 a.m. and 9:00 p.m., to exercise his or her powers or perform his or her duties under this Act.

• 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 the activities referred to in that subsection.

PART 4Register of Electors and Register of Future Electors

Maintenance and Communication

Marginal note:Maintenance of Registers

• 44 (1) The Chief Electoral Officer shall maintain

  • (a) a register of persons who are qualified as electors, to be known as the Register of Electors; and

  • (b) a register of persons who are qualified as future electors, to be known as the Register of Future Electors.

• Marginal note:Contents of Registers

  (2) The Register of Electors and the Register of Future Electors shall contain, for each elector or future elector who is included in it, as the case may be, his or her surname, given names, gender, date of birth, civic address, mailing address and any other information that is provided under subsections 49(2), 211.2(4), 223(2), 233(2) and 251(3).

• Marginal note:Identifier

  (3) The Register of Electors and the Register of Future Electors shall also contain, for each elector or future elector, as the case may be, a unique, randomly generated identifier that is assigned by the Chief Electoral Officer.

• Marginal note:Future electors becoming electors

  (4) Subject to subsection (5), the Register of Future Electors may continue to contain information about a former future elector after he or she becomes an elector until he or she is included in the Register of Electors.

• Marginal note:Inclusion optional

  (5) Inclusion in the Register of Electors and the Register of Future Electors is optional.

• Marginal note:Parental consent not necessary

  (6) A future elector’s inclusion in the Register of Future Electors does not require the consent of the future elector’s parents or guardian or tutor.

Marginal note:Lists to members and registered parties

• 45 (1) By November 15 in each year, the Chief Electoral Officer shall make available to the member for each electoral district and, on request, to each registered party that endorsed a candidate in the electoral district in the last election, a copy — taken from the Register of Electors — in electronic form, or in formats that include electronic form, of the lists of electors for the electoral district.

• Marginal note:Contents of lists of electors

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

• Marginal note:Exception

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

• Marginal note:Merger of parties

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

Updates

Marginal note:Sources of information

• 46 (1) The Register of Electors and the Register of Future Electors shall be updated from

  • (a) information

    • (i) that electors or future electors, as the case may be, have given the Chief Electoral Officer, or

    • (ii) that is held by a federal department or body and that electors or future electors, as the case may be, 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, gender, date of birth, civic address and mailing address of electors and future electors included in the Register of Electors or Register of Future Electors, as the case may be, and that

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

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

• Marginal note:Source of information: Register of Future Electors

  (1.01) The Register of Electors shall be updated from information that the Chief Electoral Officer holds in the Register of Future Electors about future electors who become electors.

• Marginal note:Retention of certain information

  (1.1) The Chief Electoral Officer may retain information collected under paragraph (1)(b), but not included in the Register of Electors or Register of Future Electors, for the purpose of correlating information subsequently collected with information already contained in the relevant register.

• Marginal note:Amendments to Schedule 2

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

Marginal note:Information from Minister of Citizenship and Immigration

46.01 Despite subparagraph 46(1)(a)(ii), for the purpose of assisting the Chief Electoral Officer in updating the Register of Electors, including by deleting the name of a person who is not an elector, the Minister of Citizenship and Immigration may, at the request of the Chief Electoral Officer in writing, provide the Chief Electoral Officer with any of the following information, in relation to a person, that is contained in databases maintained by the Department of Citizenship and Immigration that relate to permanent residents and foreign nationals as those terms are defined in subsection 2(1) of the Immigration and Refugee Protection Act and with the date when the information referred to in paragraph (d) was included or updated in those databases:

• (a) his or her surname and given names;

• (b) his or her gender;

• (c) his or her date of birth;

• (d) his or her addresses; and

• (e) any unique identifier that that Minister has assigned to him or her under that Act.

Marginal note:Citizenship information

46.1 For the purpose of assisting the Chief Electoral Officer in updating the Register of Electors or Register of Future Electors, the Minister of National Revenue may, on a return of income referred to in subsection 150(1) of the Income Tax Act, request that an individual who is filing a return of income under paragraph 150(1)(d) of that Act indicate in the return whether he or she is a Canadian citizen.

Marginal note:Information in respect of deceased individuals

46.2 For the purpose of updating the Register of Electors or Register of Future Electors, the Minister of National Revenue shall, at the request of the Chief Electoral Officer, provide the name, date of birth and address of any individual to whom paragraph 150(1)(b) of the Income Tax Act applies if that individual has, in his or her last return of income filed under paragraph 150(1)(d) of that Act, authorized that Minister to provide his or her name, date of birth and address to the Chief Electoral Officer for the relevant register.

Marginal note:Duty of returning officer

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

Marginal note:Other duties

47.1 Between election periods, a returning officer shall perform any duties related to the updating of the Register of Electors or Register of Future Electors that are requested by the Chief Electoral Officer.

Marginal note:Adding electors and future electors

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

• Marginal note:Obligation of elector or future elector

  (2) An elector or future elector who wishes to be included in the relevant register shall confirm, correct or complete the information, in writing, and give it to the Chief Electoral Officer along with a signed certification that he or she is qualified as an elector or as a future elector, as the case may be.

• Marginal note:Exceptions

  (3) This section does not apply in respect of the inclusion of an elector or future elector that is

  • (a) done at his or her request;

  • (b) done using information from lists of electors or future electors established under provincial law that contain information that the Chief Electoral Officer considers sufficient for the elector’s or future elector’s inclusion; or

  • (c) done using information to update the Register of Electors under subsection 46(1.01).

Marginal note:Listing requests

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

  • (a) a signed certification that he or she is qualified as an elector or as a future elector, as the case may be;

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

  • (c) satisfactory proof of identity.

• Marginal note:Optional information

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

Marginal note:Corrections

50 An elector or future elector may inform the Chief Electoral Officer of changes to the information in the Register of Electors or Register of Future Electors, as the case may be, relating to him or her, and the Chief Electoral Officer shall make the necessary corrections to the relevant register.

Marginal note:Verification

51 The Chief Electoral Officer may

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

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

Marginal note:Deletion of names

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

  • (a) is dead;

  • (b) is not an elector or future elector, as the case may be, subject to subsection 44(4);

  • (c) requests in writing to have his or her name deleted;

  • (d) is, by reason of mental incapacity, under a court-ordered protective regime, including guardianship, tutorship or curatorship, and whose authorized representative under the regime requests in writing that the person’s name be deleted; or

  • (e) is a future elector with a mental incapacity whose parent requests in writing that the future elector’s name be deleted.

• Marginal note:Conditions

  (1.1) A person’s name may be deleted under paragraph (1)(d) only if the authorized representative has provided the Chief Electoral Officer with a copy of the court order and satisfactory proof of that representative’s identity.

• Marginal note:Deletion of name — discretionary

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

Marginal note:Restrictions

• 53 (1) 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.

• Marginal note:Restriction — Register of Future Electors

  (2) If a future elector so requests the Chief Electoral Officer in writing, information in the Register of Future Electors relating to the future elector shall be used only for the purposes of

  • (a) updating the Register of Electors; or

  • (b) the transmission of information in the course of public education and information programs implemented under subsection 18(1).

Marginal note:Access to personal information

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

Agreements on Giving Information

Marginal note:Provincial bodies

• 55 (1) The Chief Electoral Officer may enter into an agreement with any body responsible under provincial law for establishing a list of electors or future electors, governing the giving of information contained in the Register of Electors or Register of Future Electors, or the giving of information referred to in subsection 44(2) or (3) that the Chief Electoral Officer intends to include in either register, if that information is needed for establishing such a list.

• Marginal note:Exception

  (1.1) Despite subsection (1), the Chief Electoral Officer shall not enter into an agreement governing the giving of information contained in the Register of Future Electors, or the giving of information referred to in subsection 44(2) or (3) in relation to future electors, with any body that is required under provincial law to give or to make available to political parties, entities associated with a political party or members of a legislature information relating to future electors.

• Marginal note:Conditions

  (2) The Chief Electoral Officer shall include in the agreement conditions regarding the use and protection of personal information given under the agreement.

• (3) [Repealed, 2007, c. 21, s. 9]

• Marginal note:Valuable consideration

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

Prohibitions

Marginal note:Prohibitions

56 No person shall

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

• (b) knowingly make a false or misleading statement, orally or in writing, relating to another person’s qualification as an elector or as a future elector, to that other person’s surname, given names, gender, civic address or mailing address, or to the identifier assigned to that other person by the Chief Electoral Officer, for the purpose of having that other person’s name deleted from the Register of Electors or Register of Future Electors, as the case may be;

• (c) request the listing in the Register of Electors or Register of Future Electors of the name of a person who is not qualified as an elector or as a future elector, as the case may be, knowing that the person is not so qualified;

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

• (e) knowingly use personal information that is obtained from the Register of Electors except as follows:

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

  • (ii) for the purposes of the administration and enforcement of this Act or the Referendum Act, or

  • (iii) in accordance with the conditions included in an agreement made under section 55, in the case of information that is transmitted in accordance with the agreement,

• (e.1) knowingly use personal information that is obtained from the Register of Future Electors except as follows:

  • (i) for the purposes of updating the Register of Electors,

  • (ii) for the purposes of the transmission of information in the course of public education and information programs implemented under subsection 18(1),

  • (iii) for the purposes of the administration and enforcement of this Act or the Referendum Act, or

  • (iv) in accordance with the conditions included in an agreement made under section 55, in the case of information that is transmitted in accordance with the agreement; or

• (f) knowingly use other personal information that is transmitted in accordance with an agreement made under section 55 except in accordance with the conditions included in the agreement.

PART 5Conduct of an Election

Date of General Election

Marginal note:Powers of Governor General preserved

• 56.1 (1) Nothing in this section affects the powers of the Governor General, including the power to dissolve Parliament at the Governor General’s discretion.

• Marginal note:Election dates

  (2) Subject to subsection (1), each general election must be held on the third Monday of October in the fourth calendar year following polling day for the last general election, with the first general election after this section comes into force being held on Monday, October 19, 2009.

Marginal note:Alternate day

• 56.2 (1) If the Chief Electoral Officer is of the opinion that a Monday that would otherwise be polling day under subsection 56.1(2) is not suitable for that purpose, including by reason of its being in conflict with a day of cultural or religious significance or a provincial or municipal election, the Chief Electoral Officer may choose another day in accordance with subsection (4) and shall recommend to the Governor in Council that polling day be that other day.

• Marginal note:Publication of recommendation

  (2) If the Chief Electoral Officer recommends an alternate day for a general election in accordance with subsection (1), he or she shall without delay publish in the Canada Gazette notice of the day recommended.

• Marginal note:Making and publication of order

  (3) If the Governor in Council accepts the recommendation, the Governor in Council shall make an order to that effect. The order must be published without delay in the Canada Gazette.

• Marginal note:Limitation

  (4) The alternate day must be either the Tuesday immediately following the Monday that would otherwise be polling day or the Monday of the following week.

• Marginal note:Timing of proclamation

  (5) An order under subsection (3) shall not be made after August 1 in the year in which the general election is to be held.

Writs of Election

Marginal note:General election — proclamation

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

• Marginal note:By-election — order

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

• Marginal note:Contents

  (1.2) The proclamation or order shall

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

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

  • (c) fix the date for voting at the election, which date must be no earlier than the 36th day and no later than the 50th day after the day on which the writ was issued.

• Marginal note:General election

  (2) In the case of a general election,

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

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

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

• Marginal note:Election held on a Monday

  (3) Subject to subsection (4) and section 56.2, polling day shall be on a Monday.

• Marginal note:Exception

  (4) In the case of a general election that is not held on a day set in accordance with subsection 56.1(2) or section 56.2, if, in the week in which the election is to be held, the Monday is a holiday, polling day shall be held on the Tuesday of that week.

• Marginal note:Times when polling day is a Tuesday

  (5) If the day fixed for the vote is a Tuesday because of subsection (4) or section 56.2, any time period specified under this Act before or after polling day is to be calculated as if polling day were the Monday.

Marginal note:Writs forwarded to returning officer

58 The Chief Electoral Officer shall issue a writ in Form 1 of Schedule 1 to the returning officer for the electoral district in which the election is to be held without delay after the proclamation is issued or the order is made under section 57.

Marginal note:Withdrawal of writ

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

• Marginal note:Duties of Chief Electoral Officer

  (2) If the Governor in Council orders the withdrawal of a writ, the Chief Electoral Officer shall publish a notice of the withdrawal in the Canada Gazette and, on being ordered by the Governor in Council to do so, shall, within three months after the date of publication of the notice, issue a new writ ordering an election to be held.

• Marginal note:Polling day

  (3) The day named in the new writ for polling day is determined by the Governor in Council, but may be no later than the 50th day after the day on which the new writ was issued.

• Marginal note:Postponement of election and new polling day

  (4) If 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 with regard to an electoral district, but the Governor in Council is of the opinion that the withdrawal of the writ under subsection (1) is not warranted, the Governor in Council may, by order, postpone the election by up to seven days for that electoral district and, correspondingly, extend the election period and fix the date for the new polling day.

• Marginal note:Postponement of election — rules

  (5) If the Governor in Council orders the postponement of an election for an electoral district under subsection (4), then, in respect of that electoral district, the following rules apply in respect of any time period before polling day specified under this Act:

  • (a) if this Act authorizes or requires anything to be done on a day that is a certain number of days before polling day or done within a period that ends before polling day, and the day occurs or the period ends before the day on which the postponement order is made, then polling day is deemed to still be the day fixed under paragraph 57(1.2)(c) and not the day fixed under subsection (4);

  • (b) if this Act authorizes or requires anything to be done within a period that ends on or before polling day and the period ends on or after the day on which the postponement order is made, then

    • (i) anything done as authorized or required on or before the day on which the postponement order is made is valid, and

    • (ii) in respect of anything not done as authorized or required on or before that day, the period during which the thing is authorized or required to be done is extended by the number of days by which the election is postponed;

  • (c) if this Act authorizes or requires anything to be done on a day that is a certain number of days before polling day and that day occurs on the day on which the postponement order is made, then

    • (i) anything done as authorized or required on that day is valid, and

    • (ii) in respect of anything not done as authorized or required on that day, the day on which the thing is authorized or required to be done is postponed by the number of days by which the election is postponed;

  • (d) if a period is extended under subparagraph (b)(ii) or a day is postponed under subparagraph (c)(ii), then any mention of a number of days before polling day prevails over any mention of a day of the week before polling day; and

  • (e) for the purposes of this subsection, if the original polling day fixed under paragraph 57(1.2)(c) is a Tuesday because of section 56.2 or subsection 57(4), it is deemed to be a Monday.

Marginal note:Returning officer to open and maintain office

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

• Marginal note:Hours

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

Marginal note:Appointment of staff

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

• Marginal note:Employment of staff

  (2) Staff mentioned in subsection (1) shall

  • (a) be appointed in the prescribed form;

  • (b) make a solemn declaration in the prescribed form; and

  • (c) be discharged as soon as their services are no longer needed.

Notice of Election by Returning Officer

Marginal note:Notice of election

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

• (a) the deadline for the receipt of nominations;

• (b) the date for polling day;

• (c) the date and time, not later than seven days after polling day, for the validation of results; and

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

Return by Acclamation

Marginal note:Return by acclamation

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

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

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

• Marginal note:Report with return

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

Holding of an Election

Marginal note:Holding of election

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

• Marginal note:Notice of grant of a poll

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

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

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

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

• Marginal note:Notice to election officers

  (3) The returning officer shall make the notice of grant of a poll available to, for each polling station, an election officer who is assigned to work in the polling station. The election officer shall post the notice in the polling station.

• Marginal note:Documents to candidates

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

PART 6Candidates

Qualifications

Marginal note:Ineligible candidates

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

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

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

• (c) a member of the legislative assembly of a province;

• (d) [Repealed, 2018, c. 31, s. 52]

• (e) the Chief Electoral Officer;

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

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

• (h) an election officer; and

• (i) a person who was a candidate in a previous election and for whom a return, report, document or declaration has not been provided under subsection 477.59(1), if the time and any extension for providing it have expired.

Nomination of Candidates

Marginal note:Manner of nomination

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

  • (a) a solemn declaration, in the prescribed form, made by the prospective candidate of

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

    • (i.1) any other name by which he or she is commonly known — other than a name that could be confused with the name of a political party — and that he or she wishes to appear on the ballot instead of the name referred to in subparagraph (i),

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

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

    • (iv) the auditor’s name, address and occupation, if the prospective candidate has appointed an auditor under subsection 477.1(2),

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

    • (vi) if the prospective candidate’s statement includes the name of a political party that has endorsed him or her but the returning officer is unable to verify, under paragraph 71(2)(c), that the party has done so, the prospective candidate’s choice of either one of the two options referred to in subparagraph (v) or the withdrawal of his or her nomination paper;

  • (b) a statement signed by the prospective candidate consenting to the nomination;

  • (c) [Repealed, 2018, c. 31, s. 53]

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

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

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

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

  • (h) if applicable, a signed statement by the prospective candidate setting out the name of the person who is authorized by the prospective candidate under subsection 67(7).

• Marginal note:Particulars of candidates — name

  (2) For the purpose of subparagraphs (1)(a)(i) and (i.1), the name shall not include any title, degree or other prefix or suffix.

• Marginal note:Particulars of candidates — occupation

  (3) For the purpose of subparagraph (1)(a)(i), the occupation shall be stated briefly and shall correspond to the occupation by which the prospective candidate is known.

• Marginal note:Witness ensures signatures are local electors’

  (4) A witness to a signature referred to in paragraph (1)(e) or (f) shall use due diligence to ensure that the signatures that are made in his or her presence are all made by electors resident in the electoral district.

Marginal note:Filing of nomination paper

• 67 (1) A prospective candidate shall file the nomination paper with the returning officer in the electoral district in which the prospective candidate is seeking nomination at any time between the date of the issue of the Notice of Election and the close of nominations.

• Marginal note:Proof of identity — prospective candidate

  (2) A prospective candidate who personally files his or her nomination paper shall provide the returning officer with the following proof of his or her identity:

  • (a) one piece of identification issued by a Canadian government, whether federal, provincial or local, or an agency of such a government, that contains a photograph of the prospective candidate and his or her name referred to in subparagraph 66(1)(a)(i); or

  • (b) two pieces of identification of a type authorized under subsection (3), each of which establishes that name.

• Marginal note:Authorized types of identification

  (3) The Chief Electoral Officer may authorize types of identification for the purposes of subsections (2) and (8). For greater certainty, any document may be authorized, regardless of who issued it.

• Marginal note:Name prospective candidate commonly known by — documents

  (4) If a prospective candidate wishes a name referred to in subparagraph 66(1)(a)(i.1) to appear on the ballot instead of the name referred to in subparagraph 66(1)(a)(i), he or she shall file with the returning officer documents of a type authorized under subsection (5) as proof that he or she is commonly known by that name.

• Marginal note:Authorized types of documents

  (5) The Chief Electoral Officer may authorize types of documents for the purposes of subsection (4).

• Marginal note:Auditor’s consent

  (6) If a prospective candidate has appointed an auditor, the prospective candidate shall file with the returning officer by the close of nominations a statement signed by the auditor consenting to act in that capacity.

• Marginal note:Authorized person

  (7) A prospective candidate may authorize another person to carry out, on the prospective candidate’s behalf, any of the prospective candidate’s obligations under subsections (1), (4) and (6).

• Marginal note:Proof of identity — authorized person

  (8) A person authorized under subsection (7) who files a nomination paper on behalf of a prospective candidate shall file on the prospective candidate’s behalf with the returning officer, together with the nomination paper, the following proof of the prospective candidate’s identity:

  • (a) a copy, signed by the prospective candidate, of one piece of identification issued by a Canadian government, whether federal, provincial or local, or an agency of such a government, that contains a photograph of the prospective candidate and his or her name referred to in subparagraph 66(1)(a)(i); or

  • (b) a copy, signed by the prospective candidate, of each of two pieces of identification of a type authorized under subsection (3), each of which establishes that name.

Marginal note:Party may endorse only one candidate per district

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

• Marginal note:New endorsement

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

• Marginal note:Names of endorsed candidates

  (3) The chief agent of a political party shall provide the Chief Electoral Officer, no later than 24 hours before the close of nominations, with

  • (a) the name of every prospective candidate who has been endorsed by the party;

  • (b) the electoral district in which the prospective candidate intends to be a candidate; and

  • (c) the name of the person or persons who endorsed the prospective candidate on the party’s behalf.

• Marginal note:Information to returning officers

  (4) As soon as feasible after receiving the information set out in paragraphs (3)(a) to (c), but no later than the close of nominations, the Chief Electoral Officer shall provide the information to the returning officer of the electoral district referred to in paragraph (3)(b).

Marginal note:Closing day for nominations

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

Marginal note:Hours of attendance

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

• Marginal note:Close of nominations

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

• Marginal note:Designated filing place

  (3) The returning officer may authorize a person to receive — or examine, in the case of paragraph (b) — the following in any place designated by the returning officer:

  • (a) the nomination paper;

  • (b) the piece or pieces of identification referred to in paragraphs 67(2)(a) and (b);

  • (c) the documents referred to in subsection 67(4);

  • (d) the statement referred to in subsection 67(6); and

  • (e) the copy or copies of the piece or pieces of identification referred to in paragraphs 67(8)(a) and (b).

Marginal note:Notice to candidate of confirmation or refusal

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

• Marginal note:Verification of nomination papers

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

  • (a) that the prospective candidate’s identity has been proven by the piece or pieces of identification provided under subsection 67(2) or the copy or copies filed under subsection 67(8), as the case may be;

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

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

  • (c) that the political party named in the nomination paper as having endorsed the prospective candidate has done so, as evidenced by the information provided under paragraph 68(3)(a) in respect of that prospective candidate.

• Marginal note:Correction or replacement

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

Marginal note:Name prospective candidate commonly known by — determination

• 71.1 (1) If a nomination paper includes a name referred to in subparagraph 66(1)(a)(i.1) and documents have been filed under subsection 67(4) in respect of the prospective candidate, then the returning officer shall determine, in accordance with the Chief Electoral Officer’s instructions, whether the documents prove that the prospective candidate is commonly known by that name.

• Marginal note:Confusion with name of political party — determination

  (2) If the returning officer determines that the documents prove that the prospective candidate is commonly known by that name, but in the returning officer’s opinion the name could be confused with the name of a political party, he or she shall notify the Chief Electoral Officer, who shall determine whether the name could be confused with one and shall inform the returning officer of the determination.

• Marginal note:Name to appear on ballot

  (3) The name referred to in subparagraph 66(1)(a)(i.1) shall be the name that appears on the ballot in respect of the prospective candidate unless

  • (a) the returning officer determines under subsection (1) that the documents filed under subsection 67(4) do not prove that the prospective candidate is commonly known by that name; or

  • (b) the Chief Electoral Officer determines under subsection (2) that the name could be confused with the name of a political party.

• Marginal note:Clarification

  (4) For greater certainty, if the name referred to in subparagraph 66(1)(a)(i.1) is not, under subsection (3), the name that is to appear on the ballot in respect of the prospective candidate, then the name that is to appear on the ballot in respect of the prospective candidate shall be the name referred to in subparagraph 66(1)(a)(i).

• Marginal note:Notice of name to appear on ballot

  (5) The returning officer shall, not later than 48 hours after the nomination paper is filed, give the prospective candidate notice, in the prescribed form, of whether the name referred to in subparagraph 66(1)(a)(i.1) is the name that is to appear on the ballot in respect of the prospective candidate.

72 [Repealed, 2018, c. 31, s. 59]

Marginal note:Electronic filing

• 73 (1) A person who files a nomination paper or any other document under section 67 may do so by electronic means. In order for the nomination to be valid, the returning officer must receive the document in electronic form by the close of nominations.

• Marginal note:Proof of identity

  (1.1) If a prospective candidate files the nomination paper under section 67 by electronic means, he or she may, to prove his or her identity, file by electronic means the copy or copies referred to in paragraph 67(8)(a) or (b). If the prospective candidate does so, he or she need not provide proof of his or her identity under subsection 67(2).

• Marginal note:Cancellation of nomination

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

Marginal note:Withdrawal of candidate

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

• Marginal note:Consequences of withdrawal

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

Marginal note:Minor corrections

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

Marginal note:Votes for persons not properly nominated to be void

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

Marginal note:Postponement of closing day for nominations on death of candidate

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

• Marginal note:New polling day

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

• Marginal note:Lists of electors

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

Marginal note:Postponement of election

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

Marginal note:Ballots void

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

Rights of Candidates

Marginal note:Leave of absence

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

Marginal note:Canvassing, etc., in residential areas

• 81 (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.

Marginal note:Campaigning in public places

• 81.1 (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.

82 [Repealed, 2014, c. 12, s. 29]

83 [Repealed, 2014, c. 12, s. 29]

84 [Repealed, 2014, c. 12, s. 29]

85 [Repealed, 2014, c. 12, s. 29]

85.1 [Repealed, 2014, c. 12, s. 29]

86 [Repealed, 2014, c. 12, s. 29]

87 [Repealed, 2014, c. 12, s. 29]

88 [Repealed, 2014, c. 12, s. 29]

Prohibition

Marginal note:Ineligible candidate

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

90 [Repealed, 2014, c. 12, s. 30]

Marginal note:Publishing false statement to affect election results

• 91 (1) No person or entity shall, with the intention of affecting the results of an election, make or publish, during the election period,

  • (a) a false statement that a candidate, a prospective candidate, the leader of a political party or a public figure associated with a political party has committed an offence under an Act of Parliament or a regulation made under such an Act — or under an Act of the legislature of a province or a regulation made under such an Act — or has been charged with or is under investigation for such an offence; or

  • (b) a false statement about the citizenship, place of birth, education, professional qualifications or membership in a group or association of a candidate, a prospective candidate, the leader of a political party or a public figure associated with a political party.

• Marginal note:Clarification

  (2) Subsection (1) applies regardless of the place where the election is held or the place where the false statement is made or published.

Marginal note:Publishing false statement of candidate’s withdrawal

92 No person or entity shall publish a false statement that indicates that a candidate has withdrawn.

92.1 [Repealed, 2014, c. 12, s. 31]

92.2 [Repealed, 2014, c. 12, s. 31]

92.3 [Repealed, 2014, c. 12, s. 31]

92.4 [Repealed, 2014, c. 12, s. 31]

92.5 [Repealed, 2014, c. 12, s. 31]

92.6 [Repealed, 2014, c. 12, s. 31]

PART 7Revision of Lists of Electors

Preliminary Lists of Electors

Marginal note:Preliminary lists and information to returning officer

• 93 (1) As soon as possible after the issue of a writ, the Chief Electoral Officer shall prepare a preliminary list of electors for each polling division in an electoral district, and shall make it available 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:Preliminary lists to parties

  (1.1) The Chief Electoral Officer shall make available in electronic form or in formats that include electronic form, to each registered party or eligible party that requests them, 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.

Marginal note:Preliminary lists to candidates

94 Each returning officer to whom the preliminary lists of electors for his or her electoral district have been made available shall make them available to each candidate in the electoral district who requests them.

Notice of Confirmation of Registration

Marginal note:Notice to electors

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

  • (a) are incarcerated electors as defined in section 177;

  • (b) [Repealed, 2018, c. 31, s. 64]

  • (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 is in premises that are accessible to electors with a disability;

  • (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 a polling station that is in premises that are accessible to electors with a disability, which his or her polling station is not; or

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

Revision Process

Marginal note:Revision of preliminary lists of electors

• 96 (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.

Marginal note:Election officers who are designated to receive applications

• 97 (1) The returning officer, assistant returning officer and other election officers 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 election officers other than the returning officer or assistant returning officer shall, on completion, be presented to the returning officer or assistant returning officer for his or her approval.

Marginal note:Revision offices

98 The returning officer may open one or more offices for the revision of the preliminary lists of electors. The office or offices shall be in premises that are accessible to electors with a disability.

Marginal note:Revision — purpose

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

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

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

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

Marginal note:Information in Register of Electors

99.1 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.

Marginal note:Election officers to act in pairs

• 100 (1) Election officers shall act in pairs when they assist the returning officer or assistant returning officer in the revision of the preliminary lists of electors.

• Marginal note:Disagreement between election officers

  (2) In case of disagreement between members of a pair, the two election officers 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

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

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

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

  • (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, completes the prescribed registration form, and makes the solemn declaration in the prescribed form, at their residence and in the presence of a pair of election officers assisting the returning officer or assistant returning officer in the revision of the preliminary lists of electors.

• 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.

Marginal note:Notice of confirmation of registration

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

103 [Repealed, 2018, c. 31, s. 68]

104 [Repealed, 2018, c. 31, s. 68]

Updated Preliminary Lists of Electors

Marginal note:Lists to candidates

104.1 Each returning officer shall, on the 19th day before polling day, make available the most current preliminary lists of electors for his or her electoral district to each candidate in the electoral district who requests them.

Marginal note:Lists to registered parties

104.2 The Chief Electoral Officer shall, on the 19th day before polling day, make available in electronic form or in formats that include electronic form the most current preliminary lists of electors for each electoral district to each registered party that has endorsed a candidate in that electoral district and that requests them.

Revised Lists of Electors and Official Lists of Electors

Marginal note:Revised list of electors

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

• Marginal note:Publication of revised lists

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

Marginal note:Official list of electors

106 Each returning officer shall, without delay after the 7th day before polling day but no later than the 3rd day before polling day, prepare the official list of electors for each polling station for use on polling day.

Marginal note:Form of lists

• 107 (1) The revised list of electors for each polling division and official list of electors for each polling station shall be in the form established by the Chief Electoral Officer. The official list of electors shall indicate each elector’s polling division number.

• Marginal note:Lists to election officers

  (2) Each returning officer shall make available to election officers the revised list of electors or official list of electors, as the case may be, that the election officers need to conduct the vote in the advance polling station or polling station to which they are assigned. The list shall indicate each elector’s year of birth.

• Marginal note:Lists to candidates

  (3) Each returning officer shall make available to each candidate a version of the revised lists of electors and the official lists of electors that does not indicate an elector’s year of birth.

• Marginal note:Lists to registered parties

  (4) The Chief Electoral Officer shall make available in electronic form or in formats that include electronic form, for each electoral district, a version of the revised lists of electors and the official lists of electors that does not indicate an elector’s year of birth to each registered party that has endorsed a candidate in that electoral district.

Merger of Polling Divisions

Marginal note:Merger of polling divisions

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

• (2) [Repealed, 2018, c. 31, s. 71]

Final Lists of Electors

Marginal note:Final list of electors

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

• Marginal note:Lists to member and parties

  (2) The Chief Electoral Officer shall make available in electronic form, or in formats that include electronic form, the final lists of electors for each electoral district to each registered party that has endorsed a candidate in the electoral district and to the member who was elected for the electoral district in the last election.

• (3) [Repealed, 2018, c. 31, s. 72]

Use of Lists of Electors

Marginal note:Registered parties

• 110 (1) A registered party to which lists of electors are made available under section 45, subsection 93(1.1), section 104.2, subsection 107(4) or section 109 may use the lists for communicating with electors, including using them for soliciting contributions and recruiting party members.

• Marginal note:Eligible parties

  (1.1) An eligible party to which preliminary lists of electors are made available under subsection 93(1.1) may use the lists for communicating with electors, including using them for soliciting contributions and recruiting party members.

• Marginal note:Members

  (2) A member to whom lists of electors or final lists of electors are made available under section 45 or 109, respectively, may use the lists for

  • (a) communicating with his or her electors; and

  • (b) if the member is a member of a registered party, soliciting contributions for the registered party and recruiting party members.

• Marginal note:Candidates

  (3) A candidate to whom the preliminary lists of electors are made available under section 94 or 104.1, or to whom the revised lists of electors or the official lists of electors are made available under subsection 107(3), may use the lists for communicating with his or her electors during the election period, including using them for soliciting contributions and campaigning.

Prohibitions

Marginal note:Prohibitions in relation to lists of electors

111 No person shall

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

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

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

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

• (d.1) compel, induce or attempt to compel or induce any other person to make a false or misleading statement relating to that other person’s qualification as an elector for the purposes of the inclusion of that other person’s name in a list of electors;

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

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

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

  • (ii) for the purposes of the administration and enforcement of this Act or the Referendum Act.

PART 8Preparation for the Vote

List of Election Officers

Marginal note:List of election officers to candidates

• 112 (1) A returning officer shall, at least three days before polling day, post in his or her office, and make available to each candidate or candidate’s representative, a list of the names of all the election officers appointed to act in the electoral district who are assigned to a polling station, along with the polling station to which each officer is assigned.

• Marginal note:Access to list

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

Election Materials

Marginal note:Delivery to returning officers

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

Marginal note:Ballot boxes

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

• Marginal note:Material of ballot box

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

Marginal note:Ballot paper

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

• Marginal note:Printing material

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

Marginal note:Ballot printed in Form 3

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

• Marginal note:Form of ballot

  (2) Ballots shall have a counterfoil and a stub, with a line of perforations between the ballot and the counterfoil and between the counterfoil and the stub.

• Marginal note:Numbering of ballots

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

• Marginal note:Books of ballots

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

• Marginal note:Obligation re: ballots, ballot paper

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

• Marginal note:Printer’s name and affidavit

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

Marginal note:Information on the ballot

• 117 (1) Ballots shall contain the names of candidates referred to in subparagraph 66(1)(a)(i) or (i.1), as the case may be, and taken from their nomination papers, arranged alphabetically.

• Marginal note:Name of party

  (2) The name, in the form referred to in paragraph 385(2)(b), of the political party that has endorsed the candidate shall be listed on the ballot under the name of the candidate if

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

  • (b) the information referred to in subsection 68(3) was provided in respect of the candidate in accordance with that subsection; and

  • (c) no later than 48 hours after the close of nominations, the party is a registered party.

  • (d) [Repealed, 2004, c. 24, s. 2]

• Marginal note:Designation of candidate as independent

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

• (4) [Repealed, 2001, c. 21, s. 12]

• Marginal note:Address or occupation on ballot

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

Marginal note:Property of Her Majesty

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

Provision of Election Materials to Election Officers

Marginal note:Materials to be provided to election officers

• 119 (1) Before voting begins, each returning officer shall provide, in accordance with the Chief Electoral Officer’s instructions, the election officers who are assigned to a polling station in the returning officer’s electoral district with

  • (a) enough ballots for at least the number of electors on the official list of electors for the polling station;

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

  • (c) the necessary materials for electors to mark their ballots;

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

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

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

  • (g) a ballot box for polling day and a separate ballot box for each day of advance polling;

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

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

• Marginal note:Safekeeping of election materials

  (2) Until the opening of the poll, the election officers are responsible for all election materials in their possession and shall take every precaution to ensure the safekeeping of those materials and to prevent any person from having unlawful access to them.

Polling Stations

Marginal note:Establishment of polling stations

120 Each returning officer shall, for polling day, establish polling stations and assign each polling division to a polling station.

Marginal note:Accessibility

• 121 (1) A polling station shall be in premises that are accessible to electors with a disability.

• Marginal note:Exception

  (2) If a returning officer is unable to secure suitable premises for a polling station that are accessible to electors with a disability, the returning officer may, with the prior approval of the Chief Electoral Officer, establish the polling station in premises that are not accessible to such electors.

• Marginal note:Voting compartments

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

• Marginal note:Table or desk

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

• 122 (1) [Repealed, 2018, c. 31, s. 85]

• Marginal note:Polling station in school or other public building

  (2) Whenever possible, a returning officer shall establish a polling station in a school or other suitable public building.

• Marginal note: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.

123 [Repealed, 2018, c. 31, s. 86]

124 [Repealed, 2018, c. 31, s. 86]

Marginal note:Mobile polling station

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

• Marginal note:Voting hours for mobile polling station

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

• Marginal note: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.

• Marginal note:Provisions applicable to mobile polls

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

Marginal note:Information — location of polling stations

• 125.1 (1) The returning officer for an electoral district and the Chief Electoral Officer shall make the addresses of all of the polling stations in the electoral district available to, respectively, each candidate in the electoral district and each political party that has endorsed a candidate in the electoral district. That information shall be made available on the later of the 24th day before polling day and the day on which the candidate’s nomination is confirmed, along with maps of the electoral district indicating the boundaries of each polling division and the location of each polling station.

• Marginal note:Notification of change — on or before 5th day before polling day

  (2) If, on or before the 5th day before polling day, there is a change in the address of any polling station in the electoral district, the returning officer and the Chief Electoral Officer shall without delay make that information available to the candidates and the political parties respectively, along with maps of the electoral district indicating the new location of the polling station.

• Marginal note:Electoral district maps — electronic format

  (2.1) The maps that the Chief Electoral Officer is to make available to political parties under subsections (1) and (2) shall be made available in electronic form or in formats that include electronic form.

• Marginal note:Notification of change — after 5th day before polling day

  (3) If, after the 5th day before polling day, there is a change in the address of any polling station in the electoral district, the returning officer and the Chief Electoral Officer shall without delay make that information available to the candidates and the political parties respectively.

Prohibitions

Marginal note:Prohibitions re ballots, etc.

126 No person shall

• (a) forge a ballot;

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

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

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

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

PART 9Voting

Voting Opportunities

Marginal note:Manner of voting

127 An elector may vote

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

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

• (c) by means of a special ballot issued in accordance with Part 11.

Polling Day

Hours

Marginal note:Hours of voting

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

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

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

  • (c) from 7:30 a.m. to 7:30 p.m., if the electoral district is in the Mountain time zone; and

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

• Marginal note:Exception — Saskatchewan

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

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

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

Marginal note:Daylight-saving time

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

Marginal note:When polls lie in two time zones

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

Marginal note:By-elections

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

Time to Employees for Voting

Marginal note:Consecutive hours for voting

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

• Marginal note:Time at convenience of employer

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

• Marginal note:Transportation companies

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

Marginal note:No penalty for absence from work to vote

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

• Marginal note:Hourly, piece-work or other basis of employment

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

Marginal note:Prohibition

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

Proceedings at the Poll

Marginal note:Who may be present at polling station

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

  • (a) any field liaison officer;

  • (b) the returning officer, his or her representatives and any member of his or her staff whom he or she authorizes to be present;

  • (b.1) any election officer whom the returning officer authorizes to be present;

  • (c) the candidates;

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

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

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

  • (g) [Repealed, 2018, c. 31, s. 88]

  • (h) if a polling division of an electoral district in which a registered party’s leader is a candidate is assigned to the polling station, any media representative who — subject to any conditions that the Chief Electoral Officer considers necessary to protect the integ­rity of the vote and the privacy of any person present at the polling station — is authorized in writing by the Chief Electoral Officer to be present and take any photograph or make any audio or video recording of the candidates as they cast their votes; and

  • (i) the auditor referred to in section 164.1.

• Marginal note:Delivery of representative’s authorization

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

• Marginal note:Representative authorized in writing

  (3) A representative bearing a written authorization referred to in subsection (2), or a copy of one, is a representative of the candidate for the purposes of this Act and is entitled to represent the candidate to the exclusion of any elector who might otherwise claim the right to represent the candidate.

• Marginal note:Solemn declaration

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

• Marginal note:Solemn declaration

  (5) A candidate’s representative who is appointed to more than one polling station shall, before being admitted to the first polling station, make a solemn declaration in the prescribed form before an election officer who is assigned to that polling station. The representative is not required to make another solemn declaration on being admitted to any other polling station in the same electoral district if he or she presents a document, in the prescribed form, proving that he or she has already made the solemn declaration.

Marginal note:Presence of representatives

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

• Marginal note:Representatives may absent themselves from poll

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

• Marginal note:Moving between polling stations

  (2.1) Despite subsection (2), a candidate’s representative may, either before or after the counting of the votes begins, go from one polling station to another if those polling stations are in the same polling place. However, once the representative leaves the polling place, he or she is not permitted to return after the counting of the votes begins.

• Marginal note:Examination of list of electors and conveying information

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

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

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

• Marginal note:Photographs, recordings and communications devices

  (4) A candidate’s representative

  • (a) shall not take any photograph or make any audio or video recording at a polling station; and

  • (b) shall not, if he or she uses a communications device at a polling station, impede any elector from exercising their right to vote or violate the secrecy of the vote.

Marginal note:Candidate may act as representative

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

• Marginal note:Non-attendance of representatives

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

Marginal note:Initialling ballots

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

• Marginal note:Ballots not to be detached

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

• Marginal note:Vote not to be delayed

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

Marginal note:Counting of ballots before opening of poll

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

Marginal note:Examining and sealing ballot box

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

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

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

Admitting Voters

Marginal note:Calling electors

141 Immediately after the ballot box is sealed, an election officer who is assigned to the polling station shall call on the electors to vote.

Marginal note:Electors not to be impeded

142 An election officer who is assigned to the polling station shall ensure that every elector is admitted into the polling station and that the electors are not disturbed when they are in or near the polling station.

Marginal note:Elector to give name and address

• 143 (1) Each elector, in order to receive a ballot, shall give his or her name and address to an election officer who is assigned to the polling station, and, on request, to a candidate or a candidate’s representative.

• Marginal note:Proof of identity and residence

  (2) If the election officer determines that the elector’s name and address appear on the list of electors or that the elector is allowed to vote under section 146, 147, 148 or 149, then, subject to subsection (3), the elector shall provide the election officer with the following proof of his or her identity and residence:

  • (a) one piece of identification issued by a Canadian government, whether federal, provincial or local, or an agency of such a government, that contains a photograph of the elector and his or her name and address; or

  • (b) two pieces of identification of a type authorized under subsection (2.1), each of which establishes the elector’s name and at least one of which establishes the elector’s address.

• Marginal note:Authorized types of identification

  (2.1) The Chief Electoral Officer may authorize types of identification for the purposes of paragraph (2)(b). For greater certainty, any document may be authorized, regardless of who issued it.

• Marginal note:Person registered as an Indian

  (2.2) For the purposes of paragraph (2)(b), a document issued by the Government of Canada that certifies that a person is registered as an Indian under the Indian Act constitutes an authorized piece of identification.

• Marginal note:Solemn declaration

  (3) An elector may instead prove his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing if he or she is accompanied by another elector whose name appears on the list of electors for the same polling station and who

  • (a) provides the election officer referred to in subsection (1) with the piece or pieces of identification referred to in paragraph (2)(a) or (b), respectively; and

  • (b) vouches for the elector by making the solemn declaration referred to in subsection 549.1(2) in writing.

• Marginal note:Vouching for electors in long-term care institution

  (3.01) If an elector who resides in an institution for seniors or persons with a disability wishes to prove his or her identity and residence under subsection (3), the other elector referred to in that subsection who accompanies him or her may be an employee of the institution who resides — despite that subsection — in any polling division in the elector’s electoral district or an adjacent electoral district.

• Marginal note:Definition of employee

  (3.02) In subsection (3.01), employee includes an owner of the institution and any person who occupies a management position at the institution.

• Marginal note:Proof of residence

  (3.1) If the address contained in the piece or pieces of identification provided under subsection (2) or paragraph (3)(a) does not prove the elector’s residence but is consistent with information related to the elector that appears on the list of electors, the elector’s residence is deemed to have been proven.

• Marginal note:Request to make solemn declaration

  (3.2) Despite subsection (3.1), if the election officer referred to in subsection (1), a candidate or a candidate’s representative has reasonable doubts concerning the residence of an elector referred to in subsection (3.1), the officer, candidate or representative may request that the elector make the solemn declaration referred to in subsection 549.1(1) in writing, in which case the elector’s residence is deemed to have been proven only if he or she makes that solemn declaration.

• Marginal note:Examination of identification documents

  (3.3) A candidate or their representative may examine but not handle any piece of identification presented under this section.

• Marginal note:Voting

  (4) If the election officer is satisfied that an elector’s identity and residence have been proven in accordance with subsection (2), (3), (3.1) or (3.2), the elector’s name shall be crossed off the list and, subject to section 144, the elector shall be immediately allowed to vote.

• (5) [Repealed, 2018, c. 31, s. 93]

• (6) [Repealed, 2018, c. 31, s. 93]

• Marginal note:Publication

  (7) The Chief Electoral Officer shall publish each year, and within three days after the issue of a writ, in a manner that he or she considers appropriate, a notice setting out the types of identification that are authorized for the purpose of paragraph (2)(b). The first annual notice shall be published no later than six months after the coming into force of this subsection.

Marginal note:Requirement before making solemn declaration — elector

• 143.1 (1) If a person decides to prove his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the qualifications for electors and the penalty that may be imposed under this Act on a person who is found guilty of voting or attempting to vote at an election knowing that he or she is not qualified as an elector or who contravenes subsection 549(3).

• Marginal note:Requirement before making solemn declaration — vouching for elector

  (2) If a person decides to vouch for an elector by making the solemn declaration referred to in subsection 549.1(2) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the penalty that may be imposed under this Act on a person who contravenes any of subsections 282.1(1) to (3) or 549(3).

Marginal note:Proof of qualification as elector

144 If the election officer referred to in subsection 143(1), a candidate or a candidate’s representative has reasonable doubts concerning whether a person intending to vote is qualified as an elector, the officer, candidate or representative may request that the person make the solemn declaration referred to in subsection 549.1(1) in writing, in which case the person shall not be allowed to vote unless he or she makes that solemn declaration.

Marginal note:Proof of identity, etc., or oath not required

144.1 Once an elector has been given a ballot, no person shall require the elector to prove his or her identity and residence in accordance with subsection 143(2) or (3).

145 [Repealed, 2007, c. 21, s. 21]

Marginal note:Name and address corresponding closely to another

146 If the name and address of a person who asks for a ballot do not appear in the list of electors but a different name and address in that list correspond so closely as to suggest that they are intended to refer to that person, the person shall not be allowed to vote unless he or she makes a solemn declaration in the prescribed form.

Marginal note:Person in whose name another has voted

• 147 (1) If a person asks for a ballot at a polling station after someone else has voted under that person’s name, the person shall not be allowed to vote unless he or she makes the solemn declaration referred to in subsection 549.1(1) in writing.

• Marginal note:Requirement before making solemn declaration

  (2) An election officer shall, before the person makes the solemn declaration, advise the person in writing of the penalty that may be imposed under this Act on a person who is found guilty of voting or attempting to vote more than once contrary to section 281.5 or of requesting or applying for a ballot or special ballot in a name that is not his or her own contrary to paragraph 281.7(1)(a).

Marginal note:Name crossed off list in error

148 If an elector claims that his or her name has been crossed off in error from an official list of electors under subsection 176(2) or (3), the elector shall not be allowed to vote unless the returning officer verifies that the elector’s name was crossed off in error or the elector makes the solemn declaration referred to in subsection 549.1(1) in writing.

Marginal note:Failure to prove identity or residence

• 148.1 (1) An elector who fails to prove his or her identity and residence in accordance with section 143 or to make a solemn declaration otherwise required by this Act shall not receive a ballot or be allowed to vote.

• Marginal note:When elector refuses to make solemn declaration

  (2) If an elector refuses to make a solemn declaration on the ground that he or she is not required to do so under this Act, the elector may appeal to the returning officer. If, after consultation with the election officer in whose opinion the elector is required to make the solemn declaration, the returning officer decides that the elector is not required to make it, and if the elector is entitled to vote in the polling division, the returning officer shall direct that he or she be allowed to do so.

Marginal note:Elector not allowed to vote

149 An elector whose name does not appear on the official list of electors in his or her polling station shall not be allowed to vote unless

• (a) the elector gives the election officer referred to in subsection 143(1) a transfer certificate described in section 158 or 159 and, for a certificate described in subsection 158(2), fulfils the conditions described in subsection 158(3); or

• (b) the elector gives the election officer a registration certificate described in subsection 161(4).

• (c) [Repealed, 2018, c. 31, s. 96]

Voting Procedure

Marginal note:Delivery of ballot to elector

• 150 (1) Every elector who is admitted to vote shall be given a ballot by the election officer referred to in subsection 143(1), after that election officer has placed on the back of the ballot, in the space indicated in Form 3 of Schedule 1, the number of the elector’s polling division.

• Marginal note:Instructions to elector on receiving ballot

  (2) The election officer shall explain to each elector how to indicate his or her choice and fold the ballot so that its serial number and the initials of the election officer who initialed the ballot are visible and shall direct the elector to return the marked and folded ballot.

Marginal note:Manner of voting

• 151 (1) An elector shall, after receiving a ballot,

  • (a) proceed directly to the voting compartment;

  • (b) mark the ballot with a cross or other mark in the circular space opposite the name of the candidate of his or her choice;

  • (c) fold the ballot as instructed by the election officer; and

  • (d) return the ballot to the election officer who provided it.

• Marginal note:Return of ballot

  (2) The election 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 its serial number and the initials on it;

  • (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 to deposit in the ballot box or, at the elector’s request, deposit it in the ballot box.

Marginal note:Spoiled ballot

• 152 (1) If the ballot is incapable of being used, the elector shall return it to the election officer referred to in subsection 143(1), who shall mark it as a spoiled ballot, place it in the envelope supplied for the purpose and give the elector another ballot.

• Marginal note:Limit

  (2) An elector shall not be given more than one ballot under subsection (1).

Marginal note:No delay in voting

• 153 (1) Every elector shall vote without delay and leave the polling station as soon as his or her ballot has been put into the ballot box.

• Marginal note:Electors present at close of voting hours allowed to vote

  (2) An elector who is entitled to vote at a polling station and who is in the polling station or in line at the door at the close of voting hours shall be allowed to vote.

Special Voting Procedures

Marginal note:Assistance by election officer

• 154 (1) On request by an elector who is unable to read or because of a disability is unable to vote in the manner described by this Act, an election officer who is assigned to the polling station shall assist the elector in the presence of another election officer who is assigned to the polling station.

• Marginal note:Template

  (2) An election officer who is assigned to the polling station shall, on request, provide a template to an elector who has a visual impairment to assist him or her in marking his or her ballot.

Marginal note:Assistance by friend or related person

• 155 (1) If an elector requires assistance to vote, one of the following persons may accompany the elector into the voting compartment and assist the elector to mark his or her ballot:

  • (a) a friend of the elector;

  • (b) the elector’s spouse or common-law partner; or

  • (c) a relative of the elector or of the elector’s spouse or common-law partner.

• (2) [Repealed, 2018, c. 31, s. 101]

• Marginal note:Solemn declaration

  (3) A person described in subsection (1) who wishes to assist an elector in marking a ballot shall first make a solemn declaration, in the prescribed form, that he or she

  • (a) will mark the ballot paper in the manner directed by the elector;

  • (b) will not disclose the name of the candidate for whom the elector voted;

  • (c) will not try to influence the elector in choosing a candidate; and

  • (d) has not, during the current election, assisted another person, as a friend, to mark a ballot.

• (4) [Repealed, 2018, c. 31, s. 101]

Marginal note:Use of interpreter

156 An election officer who is assigned to a polling station may appoint a language or sign language interpreter to assist election officers at the polling station in communicating to an elector any information that is necessary to enable him or her to vote.

Marginal note:Elector who is confined to bed

• 157 (1) At a polling station that has been established in an institution for seniors or persons with a disability, when an election officer who is assigned to the polling station considers it necessary, the election officer shall

  • (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, ballots and other necessary election documents from room to room in the institution to take the votes of electors who are confined to bed and ordinarily resident in the polling division in which the institution is situated.

• Marginal note:Procedure for taking the votes

  (2) When the vote of an elector who is confined to bed is taken, an election officer assigned to the polling station shall give the elector the assistance necessary to enable the elector to vote, and not more than one representative of each candidate may be present.

Transfer Certificates

Marginal note:Transfer certificate for candidate

• 158 (1) A candidate whose name appears on the list of electors for a polling station is entitled on request to receive a transfer certificate to vote at another polling station in the same electoral district.

• Marginal note:Transfer certificate for election officer

  (2) An election officer who is assigned to a polling station shall issue a transfer certificate to any person — other than himself or herself — whose name appears on the official list of electors for the polling station and who has been appointed to act as an election officer for another polling station in the same electoral district.

• Marginal note:Condition

  (3) A transfer certificate issued under subsection (2) authorizes the person to vote at the polling station named in it only if, on polling day, the person exercises the power or performs the duty specified in the certificate at the place mentioned in the certificate.

• Marginal note:Transfer certificate for elector whose polling station has moved

  (4) If an elector’s polling station moves to another location after the notice of confirmation of registration has been sent, an elector who attends at the polling station set out in the notice is entitled on request to receive a transfer certificate to vote at that polling station.

Marginal note:Transfer certificate for elector with disability

• 159 (1) An elector who has a disability and is therefore unable to vote without difficulty in his or her polling station may apply for a transfer certificate to vote at another polling station in the same electoral district.

• Marginal note:Application

  (2) The application shall be made in accordance with the Chief Electoral Officer’s instructions.

• Marginal note:Issue of transfer certificate to elector with disability

  (3) An election officer shall issue a transfer certificate in the prescribed form, and provide the certificate to the person who submitted the application to the officer, if the officer is satisfied that the elector’s name appears on a list of electors for the electoral district.

Marginal note:Signing, numbering and recording transfer certificate

160 The election officer who issues a transfer certificate shall

• (a) fill in and sign the certificate and mention on it the date of its issue;

• (b) consecutively number the certificate in the order of its issue;

• (c) keep a record of the certificate in the order of its issue on the prescribed form;

• (d) not issue the certificate in blank; and

• (e) if possible, send a copy of the certificate to an election officer who is assigned to the polling station on whose list of electors appears the name of the person to whom the certificate has been issued.

Polling Day Registration

Marginal note:Registration in person

• 161 (1) An elector whose name is not on the list of electors may register in person on polling day before an election officer if the elector

  • (a) provides as proof of his or her identity and residence the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing an address that proves his or her residence; or

  • (b) proves his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing and is accompanied by another elector whose name appears on the list of electors for the same polling station and who

    • (i) provides the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing either an address that proves that other elector’s residence or an address that is consistent with information related to that other elector that appears on the list of electors, and

    • (ii) vouches for the elector by making the solemn declaration referred to in subsection 549.1(2) in writing.

• Marginal note:Vouching for electors in long-term care institution

  (2) If an elector who resides in an institution for seniors or persons with a disability wishes to prove his or her identity and residence under subsection (1), the other elector referred to in paragraph (1)(b) who accompanies him or her may be an employee of the institution who resides — despite that paragraph — in any polling division in the elector’s electoral district or an adjacent electoral district.

• Marginal note:Definition of employee

  (2.1) In subsection (2), employee includes an owner of the institution and any person who occupies a management position at the institution.

• Marginal note:Representative of each candidate

  (3) The election officer shall permit each candidate, or one representative of each candidate, in the electoral district to be present when an elector is being registered.

• Marginal note:Examination of identification documents

  (3.1) The representative of a candidate may examine but not handle any piece of identification provided by the elector.

• Marginal note:Registration certificate

  (4) If the elector satisfies the requirements of subsection (1), the election officer shall complete a registration certificate in the prescribed form authorizing the elector to vote and the elector shall sign it. The registration certificate shall include a solemn declaration made by the elector that he or she is qualified as an elector under section 3.

• Marginal note:List deemed to be modified

  (5) When a registration certificate is given under subsection (4), the list of electors is deemed, for the purposes of this Act, to have been modified in accordance with the certificate.

• Marginal note:Prohibition — registration on polling day

  (5.1) It is prohibited for any person to

  • (a) knowingly apply to be registered on polling day in a name that is not their own;

  • (b) knowingly apply, except as authorized by this Act, to be registered on polling day to vote in a polling division in which they are not ordinarily resident;

  • (c) apply to be registered on polling day to vote in an electoral district knowing that they are not qualified as an elector or entitled to vote in the electoral district; or

  • (d) compel, induce or attempt to compel or induce any other person to make a false or misleading statement relating to that other person’s qualification as an elector for the purposes of the registration of that other person on polling day.

• (6) [Repealed, 2018, c. 31, s. 107]

• (7) [Repealed, 2018, c. 31, s. 107]

Marginal note:Requirement before making solemn declaration — elector

• 161.1 (1) If a person decides to prove his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the qualifications for electors and the penalty that may be imposed under this Act on a person who contravenes subsection 161(5.1) or 549(3).

• Marginal note:Requirement before making solemn declaration — vouching for elector

  (2) If a person decides to vouch for an elector by making the solemn declaration referred to in subsection 549.1(2) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the penalty that may be imposed under this Act on a person who contravenes any of subsections 282.1(1) to (3) or 549(3).

Duties of Election Officers Assigned to Polling Station

Marginal note:Duties

162 An election officer assigned to a polling station — and not necessarily the same election officer for all of the following — shall

• (a) make, on the prescribed form, the entries required under this Act;

• (b) as soon as the elector’s ballot has been deposited in the ballot box, indicate, beside the name of the elector on the list of electors, that the elector has voted;

• (c) indicate, if applicable, on the prescribed form that the elector has voted under a transfer certificate issued under section 158 or 159 and give the number of the certificate;

• (d) [Repealed, 2018, c. 31, s. 110]

• (e) indicate, if applicable, on the prescribed form that the elector has voted under section 146;

• (f) indicate, if applicable, on the prescribed form that the elector has made a solemn declaration and the type of solemn declaration;

• (g) indicate, if applicable, on the prescribed form that the elector refused to comply with a legal requirement to provide the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, or to make a solemn declaration;

• (h) indicate, if applicable, on the prescribed form that the elector has been allowed to vote under subsection 148.1(2);

• (i) indicate, if applicable, on the prescribed form that an elector has voted in the circumstances described in section 147, that the solemn declaration referred to in subsection 549.1(1) has been made or that any other solemn declaration that was required to be made was made, note any objection that was made on behalf of any of the candidates and indicate the candidate’s name;

• (i.1) prepare, at intervals of no less than 30 minutes, using the prescribed form and as directed by the Chief Electoral Officer, a document permitting the identification of every elector who during that interval has exercised his or her right to vote on polling day — excluding electors who registered on that day — and, on request, provide it to a candidate’s representative;

• (i.2) prepare, each day after the close of the advance polling station, using the prescribed form and as directed by the Chief Electoral Officer, a document permitting the identification of every elector who has exercised his or her right to vote on that day — excluding electors who registered on that day — and, on request, provide it to a candidate’s representative; and

• (j) indicate, if applicable, on the prescribed form, that an elector has voted under a registration certificate issued under subsection 161(4).

Secrecy

Marginal note:Secret vote

163 The vote is secret.

Marginal note:Procedure in case of contravention of secrecy

• 164 (1) It is the duty of the election officers who are present at the polling station to draw the attention of any elector to an offence that the elector commits in contravening any of paragraphs 281.6(3)(a) to (c) and to the punishment to which the elector is liable, but the elector shall be allowed to vote in the usual way if he or she has not already done so.

• Marginal note:Clarification

  (2) For greater certainty, if one election officer performs his or her duty under subsection (1) with regard to an elector, no other election officer need do so with regard to that elector.

Audit

Marginal note:Engagement of auditor

164.1 For each general election and by-election, the Chief Electoral Officer shall engage an auditor that he or she considers to have technical or specialized knowledge — other than a member of his or her staff or an election officer — to perform an audit and report on whether election officers have properly exercised any of the powers conferred on them under this Act, or properly performed any of the duties imposed on them under this Act, that are specified by the Chief Electoral Officer.

Prohibitions

Marginal note:Prohibition — use of loudspeakers on polling day

165 No person shall use a loudspeaking device within hearing distance of a polling station on polling day for the purpose of promoting or opposing a political party that is listed on the ballot under the name of a candidate or the election of a candidate.

Marginal note:Prohibitions — emblems, etc., in polling station

• 166 (1) No person shall

  • (a) post or display in, or on the exterior surface of, a polling place any campaign literature or other material that could be taken as an indication of support for or opposition to a political party that is listed on the ballot under the name of a candidate or the election of a candidate; and

  • (b) while in a polling station, wear any emblem, flag, banner or other thing that indicates that the person supports or opposes any candidate or political party that is listed on the ballot under the name of a candidate, or the political or other opinions entertained, or supposed to be entertained, by the candidate or party.

  • (c) [Repealed, 2018, c. 31, s. 113]

• Marginal note:Exception

  (2) Despite paragraph (1)(b), a representative of a candidate in a polling station may, in the manner authorized by the Chief Electoral Officer, wear a badge identifying his or her function and the name of the political party that is listed on the ballot under the name of the candidate.

167 [Repealed, 2018, c. 31, s. 114]

PART 10Advance Polling

Establishment of Advance Polling Stations

Marginal note:Establishment of advance polling districts

• 168 (1) Each returning officer shall, as directed by the Chief Electoral Officer, establish in his or her electoral district advance polling districts that consist of one or more polling divisions.

• Marginal note:Description of districts

  (2) The returning officer shall give the Chief Electoral Officer a description of each advance polling district that is established.

• Marginal note:Establishment of advance polling station

  (3) An advance polling station shall be established in each advance polling district.

• Marginal note:Combining advance polling districts

  (4) When a request is made to a returning officer not later than four days after the issue of the writ, the returning officer may, with the prior approval of the Chief Electoral Officer, combine two advance polling districts into one district.

• Marginal note:Request to move an advance polling station

  (5) When a request is made to a returning officer not later than four days after the issue of the writ to change the location of an advance polling station, the returning officer, with the prior approval of the Chief Electoral Officer, may do so.

• Marginal note:Accessibility

  (6) An advance polling station shall be in premises that are accessible to electors with a disability.

• Marginal note:Exception

  (7) If a returning officer is unable to secure suitable premises for an advance polling station that are accessible to electors with a disability, the returning officer may, with the prior approval of the Chief Electoral Officer, establish the advance polling station in premises that are not accessible to such electors.

• Marginal note:Advance polling station in more than one premises

  (8) If the returning officer is of the opinion that an advance polling district consists of or includes remote, isolated or low-density communities, the returning officer may, with the prior approval of the Chief Electoral Officer and in accordance with the Chief Electoral Officer’s instructions, establish the advance polling station for that district in premises in more than one such community, and have the election officers who are assigned to the advance polling station — along with the ballot box, ballots and other necessary election documents — be at given ones of those premises on different days of advance polling to take electors’ votes. For greater certainty, subsections (5) to (7) apply to the advance polling station.

Transfer Certificates

Marginal note:Transfer certificate for candidate

• 168.1 (1) A candidate whose name appears on the revised list of electors for an advance polling station is entitled on request to receive a transfer certificate to vote at another advance polling station in the same electoral district.

• Marginal note:Transfer certificate for election officer

  (2) An election officer who is assigned to an advance polling station shall issue a transfer certificate to any person — other than himself or herself — whose name appears on the revised list of electors for the advance polling station and who has been appointed to act as an election officer for another advance polling station.

• Marginal note:Condition

  (3) A transfer certificate issued under subsection (2) authorizes the person to vote at the advance polling station named in it only if, on one of the days of advance polling, the person performs the duty specified in the certificate at the place mentioned in the certificate.

• Marginal note:Transfer certificate for elector whose advance polling station has moved

  (4) If an elector’s advance polling station moves to another location after the notice of confirmation of registration has been sent, an elector who attends at the advance polling station set out in the notice is entitled on request to receive a transfer certificate to vote at that advance polling station.

Marginal note:Transfer certificate for elector with disability

• 168.2 (1) An elector who has a disability and is therefore unable to vote without difficulty in his or her advance polling station may apply for a transfer certificate to vote at another advance polling station in the same electoral district.

• Marginal note:Application requirements

  (2) The application shall be made in accordance with the Chief Electoral Officer’s instructions.

• Marginal note:Issue of transfer certificate to elector with disability

  (3) An election officer shall issue a transfer certificate in the prescribed form, and provide the certificate to the person who submitted the application to the officer, if the officer is satisfied that the elector’s name appears on the revised list of electors for the electoral district.

Marginal note:Signing, numbering and recording transfer certificate

168.3 The election officer who issues a transfer certificate shall

• (a) fill in and sign the certificate and mention on it the date of its issue;

• (b) consecutively number the certificate in the order of its issue;

• (c) keep a record of the certificate in the order of its issue on the prescribed form;

• (d) not issue the certificate in blank; and

• (e) if possible, send a copy of the certificate to an election officer who is assigned to the advance polling station on whose list of electors appears the name of the person to whom the certificate has been issued.

Registration

Marginal note:Registration at advance polling station

• 169 (1) Every elector whose name is not on the revised list of electors may register in person, at the advance polling station where the elector is entitled to vote, before an election officer who is assigned to that advance polling station.

• Marginal note:Conditions

  (2) An elector shall not be registered unless he or she

  • (a) provides as proof of his or her identity and residence the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing an address that proves his or her residence; or

  • (b) proves his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing and is accompanied by another elector whose name appears on the list of electors for the same polling station and who

    • (i) provides the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing either an address that proves that other elector’s residence or an address that is consistent with information related to that other elector that appears on the list of electors, and

    • (ii) vouches for the elector by making the solemn declaration referred to in subsection 549.1(2) in writing.

• Marginal note:Vouching for electors in long-term care institution

  (2.01) If an elector who resides in an institution for seniors or persons with a disability wishes to prove his or her identity and residence under subsection (2), the other elector referred to in paragraph (2)(b) who accompanies him or her may be an employee of the institution who resides — despite that paragraph — in any polling division in the elector’s electoral district or an adjacent electoral district.

• Marginal note:Definition of employee

  (2.02) In subsection (2.01), employee includes an owner of the institution and any person who occupies a management position at the institution.

• Marginal note:Examination of identification documents

  (2.1) The representative of a candidate may examine but not handle any piece of identification provided by the elector.

• Marginal note:Registration certificate

  (3) If the elector satisfies the requirements of subsection (2), an election officer who is assigned to the advance polling station shall complete a registration certificate in the prescribed form authorizing the elector to vote and the elector shall sign it. The registration certificate shall include a solemn declaration made by the elector that he or she is qualified as an elector under section 3.

• Marginal note:Entry

  (4) An election officer who is assigned to the advance polling station shall indicate on the prescribed form the names of the electors who are permitted to vote under this section.

• Marginal note:Prohibition — registration at advance polling station

  (4.1) It is prohibited for any person to

  • (a) knowingly apply to be registered at an advance polling station in a name that is not their own;

  • (b) knowingly apply, except as authorized by this Act, to be registered at an advance polling station to vote in an advance polling district in which they are not ordinarily resident;

  • (c) apply to be registered at an advance polling station to vote in an electoral district knowing that they are not qualified as an elector or entitled to vote in the electoral district; or

  • (d) compel, induce or attempt to compel or induce any other person to make a false or misleading statement relating to that other person’s qualification as an elector for the purposes of the registration of that other person at an advance polling station.

• (5) [Repealed, 2018, c. 31, s. 117]

• (6) [Repealed, 2018, c. 31, s. 117]

Marginal note:Requirement before making solemn declaration — elector

• 169.1 (1) If a person decides to prove his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the qualifications for electors and the penalty that may be imposed under this Act on a person who contravenes subsection 169(4.1) or 549(3).

• Marginal note:Requirement before making solemn declaration — vouching for elector

  (2) If a person decides to vouch for an elector by making the solemn declaration referred to in subsection 549.1(2) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the penalty that may be imposed under this Act on a person who contravenes any of subsections 282.1(1) to (3) or 549(3).

Marginal note:List deemed to be modified

170 When a registration certificate is completed and signed in accordance with subsection 169(3), the list of electors is deemed to have been modified in accordance with the certificate.

Voting Procedure

Marginal note:Conduct of advance polls

• 171 (1) Except as provided in this Part, an advance poll shall be conducted in the same manner as the manner in which the vote at a polling station on polling day is conducted and shall be regarded as such for all purposes of this Act.

• Marginal note:When advance polling stations to be open

  (2) An advance polling station shall be open from 9:00 a.m. to 9:00 p.m. on Friday, Saturday, Sunday and Monday, the 10th, 9th, 8th and 7th days, respectively, before polling day, and shall not be open at any other time.

Marginal note:Notice of advance poll

• 172 (1) Each returning officer shall, not later than Saturday, the 16th day before polling day,

  • (a) give a notice, in the prescribed form, in the electoral district of the advance poll, that sets out the following information:

    • (i) the numbers of the polling divisions in every advance polling district established by the returning officer,

    • (ii) the location of each advance polling station,

    • (iii) the place where, for each advance polling station, an election officer who is assigned to the advance polling station shall count the number of votes cast at the advance polling station, and

    • (iv) that the counting of the votes cast shall begin on polling day as soon after the close of the polling stations as possible or, with the Chief Electoral Officer’s prior approval, one hour before the close of the polling stations;

  • (b) send two copies of the notice to each candidate and to the Chief Electoral Officer; and

  • (c) make available to each candidate in the electoral district a map of the electoral district indicating the boundaries of each advance polling district and the location of each advance polling station.

• Marginal note:Maps made available to registered parties

  (2) The Chief Electoral Officer shall, not later than Saturday, the 16th day before polling day, make available to each registered party maps of each electoral district — in electronic form or in formats that include electronic form — indicating the boundaries of each advance polling district within the electoral district and the location of each advance polling station.

Marginal note:Who may vote at advance polls

• 173 (1) An elector whose name is on the revised list of electors for a polling division in an advance polling district may vote at the advance polling station established for the advance polling district.

• Marginal note:Elector not on the revised list

  (2) An elector whose name is not on the revised list of electors may not vote at an advance polling station unless the elector has obtained a transfer certificate under section 168.1 or 168.2 or a registration certificate under subsection 169(3).

• Marginal note:Procedure by election officer

  (3) If an elector whose name does not appear on the revised list of electors has voted, an election officer who is assigned to the advance polling station shall indicate on the prescribed form that the elector has voted in accordance with subsection (2).

Marginal note:Duties of election officer

• 174 (1) If an elector whose name is on the list of electors makes a request to vote at an advance polling station that is established for his or her polling division, an election officer who is assigned to the advance polling station shall permit the elector to vote unless the elector fails to prove his or her identity and residence in accordance with section 143 or to make a solemn declaration otherwise required by this Act.

• Marginal note:Number of advance polling district

  (1.1) An election officer who gives an elector a ballot at an advance polling station shall, before providing the ballot, place on the back of the ballot, in the space indicated in Form 3 of Schedule 1 for the polling division number, the number of the elector’s advance polling district.

• Marginal note:Record of votes cast

  (2) An election officer who is assigned to the advance polling station shall keep a record in duplicate at the advance polling station, in the prescribed form, of the names of all persons who vote at the advance polling station, in the order in which they vote, and shall mark on the record the notations that an election officer who is assigned to a polling station is required by this Act to make opposite an elector’s name at the polling station on polling day.

Marginal note:Opening of advance polling station

• 175 (1) At the opening of an advance polling station at 9:00 a.m., an election officer who is assigned to the advance polling station shall, in full view of the candidates or their representatives who are present,

  • (a) on the 1st day of advance polling,

    • (i) open the ballot box and ascertain that it is empty,

    • (ii) seal the ballot box with the seals provided by the Chief Electoral Officer, and

    • (iii) place the ballot box on a table in full view of all present and keep it there until the close of the advance polling station on that day; and

  • (b) on the 2nd, 3rd and 4th days of advance polling, place the ballot box on a table in full view of all present and keep it there until the close of the advance polling station on that day.

• Marginal note:Close of advance polling station

  (2) At the close of an advance polling station at 9:00 p.m. on each of the four days of advance polling, an election officer who is assigned to the advance polling station shall, in full view of the candidates or their representatives who are present, and in accordance with instructions that the Chief Electoral Officer considers necessary to ensure the integrity of the vote, take the measures set out in those instructions.

• Marginal note:Other ballot boxes

  (3) If an election officer who is assigned to the advance polling station determines, in accordance with the Chief Electoral Officer’s instructions, that another ballot box is needed at the advance polling station, then an election officer who is assigned to the advance polling station shall, in full view of the candidates or their representatives who are present and in accordance with those instructions,

  • (a) take the steps set out in subparagraphs (1)(a)(i) to (iii) with regard to that other ballot box; and

  • (b) take the steps set out in paragraph (1)(b) and in subsection (2) with regard to the ballot boxes in the circumstances set out in those instructions.

• Marginal note:Candidates may check seals

  (4) The candidates or their representatives may take note of the serial numbers of the seals on the following ballot boxes at the times indicated:

  • (a) for any ballot box that was used on a day of advance polling, note may be taken when an advance polling station closes on each of the four days of advance polling;

  • (b) for a ballot box that is placed on the table in accordance with subsection (1) or (3), note may be taken when it is placed there; and

  • (c) for each of the ballot boxes that were used for advance polling, note may be taken when the votes are counted on polling day.

• Marginal note:Custody of ballot boxes

  (5) Until the counting of the ballots on polling day, an election officer shall keep the sealed ballot box or boxes in his or her custody in accordance with the Chief Electoral Officer’s instructions.

• Marginal note:Recovery of ballot box

  (6) Despite subsection (5), the returning officer may recover any ballot box that another election officer is required under that subsection to have in his or her custody if the returning officer considers that such action is necessary to ensure the integrity of the vote. The returning officer shall inform the Chief Electoral Officer of the matter as soon as possible.

• Marginal note:Recovery of ballot box — dwelling place or vehicle

  (7) If a ballot box to be recovered is in a dwelling place or a vehicle, the returning officer may enter the dwelling place or vehicle without the occupant’s or owner’s consent only if the returning officer is accompanying a peace officer who enters the dwelling place or vehicle under the authority of a warrant issued under subsection (8).

• Marginal note:Authority to issue warrant

  (8) On ex parte application by the returning officer, a justice of the peace may issue a warrant authorizing a peace officer to enter a dwelling place or a vehicle, accompanied by the returning officer, if the justice is satisfied by information on oath that

  • (a) a ballot box is in the dwelling place or vehicle;

  • (b) entry to the dwelling place or vehicle is necessary to recover the ballot-box; and

  • (c) entry was refused by the occupant or owner or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant or owner.

• Marginal note:Means of telecommunication

  (9) An application for a warrant under subsection (8) may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.1 of the Criminal Code applies for those purposes with any necessary modifications.

Marginal note:Collecting the record of votes cast at an advance polling station

• 176 (1) As soon as possible after the close of advance polling stations on Monday, the 7th day before polling day, the returning officer shall have the original copy of the record of votes cast collected from the advance polling stations.

• Marginal note:Crossing off names of voters at advance polls from lists

  (2) Without delay after the returning officer collects the records of votes cast at advance polling stations, he or she shall cross off the lists of electors the names of all electors who voted at the advance polling stations.

• Marginal note:When lists already distributed

  (3) If an official list of electors is sent to a polling station containing the names of electors that appear in the record of votes cast at an advance polling station as having already voted, the returning officer shall instruct an election officer who is assigned to the polling station to cross their names off the list, and the election officer shall do so without delay.

PART 11Special Voting Rules

Interpretation and Application

Marginal note:Definitions

177 The definitions in this section apply in this Part, and Parts 11.1 and 19.

administrative centre

administrative centre[Repealed, 2018, c. 31, s. 124]

application for registration and special ballot

application for registration and special ballot means an application completed by an elector in order to vote under this Part. (demande d’inscription et de bulletin de vote spécial)

Canadian Forces elector

Canadian Forces elector[Repealed, 2018, c. 31, s. 124]

commanding officer

commanding officer means the commanding officer of a unit. (commandant)

coordinating officer

coordinating officer means the person so designated by the Minister of National Defence under subsection 199(1) or a person so designated by the minister responsible for corrections in a province under section 246. (agent coordonnateur)

deputy returning officer

deputy returning officer[Repealed, 2018, c. 31, s. 124]

incarcerated elector

incarcerated elector means an elector who is incarcerated in a correctional institution. (électeur incarcéré)

inner envelope

inner envelope means an envelope, including one that is supplied by the Chief Electoral Officer, in which a ballot or special ballot is to be enclosed after it has been marked. (enveloppe intérieure)

liaison officer

liaison officer means an elector designated as a liaison officer under subsection 199.2(1) or a person appointed as a liaison officer under subsection 248(1). (agent de liaison)

outer envelope

outer envelope means an envelope, including one that is supplied by the Chief Electoral Officer, in which a ballot or special ballot is to be transmitted after it has been marked and enclosed in an inner envelope. (enveloppe extérieure)

special ballot

special ballot means a ballot, other than a ballot referred to in section 241, that is provided to an elector who is entitled to vote under this Part. (bulletin de vote spécial)

special ballot officer

special ballot officer means a person who is appointed by the Chief Electoral Officer under section 183 or 184. (agent des bulletins de vote spéciaux)

special voting rules administrator

special voting rules administrator means a person who is appointed under section 181. (administrateur des règles électorales spéciales)

statement of ordinary residence

statement of ordinary residence[Repealed, 2018, c. 31, s. 124]

unit

unit has the same meaning as in subsection 2(1) of the National Defence Act and includes a base or other element. (unité)

unit election officer

unit election officer means an elector designated as a unit election officer under paragraph 205(1)(b). (fonctionnaire électoral d’unité)

voting territory

voting territory[Repealed, 2018, c. 31, s. 124]

Marginal note:Application

• 178 (1) The voting procedures contained in this Part apply to general elections only.

• Marginal note:Exception

  (2) The Chief Electoral Officer may, by instructions, adapt this Part so that any or all of its provisions apply to a by-election.

Marginal note:Instructions

179 For the purpose of applying this Part to, or adapting any provision of this Part in respect of, a particular circumstance, the Chief Electoral Officer may issue any instructions that he or she considers necessary in order to execute its intent.

DIVISION 1Administration and General Procedures

180 [Repealed, 2018, c. 31, s. 125]

Marginal note:Appointment of special voting rules administrator

181 The Chief Electoral Officer shall appoint, in the prescribed form, a special voting rules administrator.

Marginal note:Duties of special voting rules administrator

182 The special voting rules administrator shall

• (a) secure suitable premises;

• (b) retain the solemn declaration of each special ballot officer that is made under subsection 23(1);

• (c) obtain from the liaison officers the lists prepared under paragraph 204(1)(b);

• (d) obtain from the liaison officers the lists of the names of unit election officers that the commanding officers are required to provide;

• (e) distribute the election materials and the list of candidates;

• (f) receive, validate, examine and sort the completed outer envelopes that contain special ballots marked by electors;

• (g) proceed with the counting of the votes of electors; and

• (h) communicate the results of the votes cast in accordance with this Part.

Marginal note:Special ballot officers

• 183 (1) After the issue of the writs, the Chief Electoral Officer shall appoint a minimum of six special ballot officers as follows:

  • (a) three, on the recommendation of the Prime Minister or a person whom the Prime Minister designates in writing;

  • (b) two, on the recommendation of the Leader of the Opposition or a person whom that Leader designates in writing; and

  • (c) one, on the recommendation of the Leader of the registered party that has the third largest number of members in the House of Commons as of the last general election, or a person whom that Leader designates in writing.

• Marginal note:Appointment of special ballot officers

  (2) A special ballot officer shall be appointed in the prescribed form.

Marginal note:Appointment of additional special ballot officers

• 184 (1) If the Chief Electoral Officer is of the opinion that the number of special ballot officers appointed under section 183 is insufficient, the Chief Electoral Officer shall appoint additional special ballot officers on recommendations that are, as nearly as possible, in accordance with subsection 183(1).

• Marginal note:Decision of Chief Electoral Officer

  (2) If the registered parties do not nominate the additional special ballot officers under subsection (1) within 24 hours after notification by the Chief Electoral Officer, the Chief Electoral Officer shall make the appointments from among individuals that he or she selects.

Marginal note:Merger of parties

• 185 (1) In the case of a merger of two or more of the registered parties that are represented by the Prime Minister, the Leader of the Opposition or the Leader of the registered party that has the third largest number of members in the House of Commons as of the last general election, the person who may recommend special ballot officers under paragraph 183(1)(c) is the leader of the registered party with the largest number of members in the House of Commons as of the last general election among registered parties other than those three.

• Marginal note:Decision of Chief Electoral Officer

  (2) In the case of a merger referred to in subsection (1), if there is no registered party whose leader may nominate special ballot officers under paragraph 183(1)(c), the Chief Electoral Officer shall make the appointments from among individuals that he or she considers appropriate.

Marginal note:Form of special ballots

186 Special ballots supplied by the Chief Electoral Officer to electors under this Part shall be in accordance with Form 4 of Schedule 1.

Marginal note:Distribution of election materials

186.1 Without delay after the writs are issued, the special voting rules administrator shall distribute to commanding officers and, as the special voting rules administrator considers appropriate, to any other person or to any place the election materials necessary to carry out the purposes and provisions of this Part, including materials for the purpose of determining in which electoral district an elector is entitled to vote.

Marginal note:List of candidates

187 The Chief Electoral Officer shall establish a list of candidates nominated in each electoral district and, in accordance with section 117, set out the political affiliation of each of them.

Marginal note:Delivery of list of candidates

188 Without delay after a list of candidates is established, the special voting rules administrator shall provide the list to the coordinating officer, to every liaison officer and commanding officer and, as the special voting rules administrator considers appropriate, to any other person.

189 [Repealed, 2018, c. 31, s. 128]

DIVISION 2Canadian Forces Electors

Interpretation

Marginal note:Definitions

190 The definitions in this section apply in this Division.

alternative address

alternative address means the address of the office of the returning officer for the electoral district of the elector’s place of ordinary residence. (adresse de substitution)

elector

elector means a person referred to in section 191. (électeur)

service number

service number means a unique identifier assigned by the Canadian Forces under the National Defence Act to each member of the Canadian Forces. (numéro matricule)

voting period

voting period means the period beginning 14 days before polling day and ending 9 days before polling day. (période de scrutin)

Marginal note:Election officers

190.1 For the purpose of section 9, subsections 23(1) and (2) and section 23.1, the coordinating officer, liaison officers designated under subsection 199.2(1), commanding officers and unit election officers are deemed to be election officers and paragraph 43(c), subsection 484(1) and paragraph 484(3)(f) also apply to them if they are relieved of duty.

Voting Entitlement

Marginal note:Qualification and right to vote

191 Any of the following persons is entitled to vote under this Division if he or she is qualified as an elector under section 3:

• (a) a member of the regular force of the Canadian Forces;

• (b) a member of the reserve force of the Canadian Forces; and

• (c) a member of the special force of the Canadian Forces.

• (d) [Repealed, 2018, c. 31, s. 133]

Registration

Marginal note:Right to register

• 192 (1) When a person becomes entitled to vote under this Division, the person’s commanding officer shall inform him or her of the right to ask the Chief Electoral Officer to include him or her in the Register of Electors or, if already included in it, to ask for his or her registration to be updated.

• Marginal note:Right to register — future elector

  (2) When a future elector is enrolled in the Canadian Forces, or when a member of the Canadian Forces becomes qualified as a future elector, the future elector’s commanding officer shall inform him or her of the right to ask the Chief Electoral Officer to include him or her in the Register of Future Electors or, if already included in it, to ask for his or her registration to be updated.

• Marginal note:Service number

  (3) An elector, or a future elector who is a member of the Canadian Forces, who asks the Chief Electoral Officer to include him or her in the Register of Electors or Register of Future Electors, or asks for his or her registration to be updated, must provide his or her service number to the Chief Electoral Officer.

193 [Repealed, 2018, c. 31, s. 134]

194 [Repealed, 2018, c. 31, s. 134]

195 [Repealed, 2018, c. 31, s. 134]

196 [Repealed, 2018, c. 31, s. 134]

197 [Repealed, 2018, c. 31, s. 134]

198 [Repealed, 2018, c. 31, s. 134]

Coordinating Officer

Marginal note:Designation

• 199 (1) The Minister of National Defence shall designate a person as a coordinating officer to work, during and between elections, with the Chief Electoral Officer in carrying out the purposes and provisions of this Division.

• Marginal note:Duty

  (2) The coordinating officer shall, on request, provide to the Chief Electoral Officer the following information relating to each elector or future elector:

  • (a) his or her surname, given names, gender, rank and service number;

  • (b) his or her date of birth;

  • (c) the civic address and mailing address of his or her place of ordinary residence; and

  • (d) his or her current mailing address.

• Marginal note:Updating Register of Electors

  (3) The Chief Electoral Officer may use the information provided under subsection (2) to update the Register of Electors or Register of Future Electors.

• Marginal note:Retention of certain information

  (4) The Chief Electoral Officer may retain the information provided under subsection (2), but not included in the Register of Electors or Register of Future Electors, for the purpose of correlating information subsequently collected with information already contained in the relevant register.

• Marginal note:Information provided to coordinating officer

  (5) The Chief Electoral Officer may provide the coordinating officer with the information referred to in paragraphs (2)(a) to (d) relating to each elector or future elector who has provided a service number under this Part.

Marginal note:Cooperation

199.1 The coordinating officer shall cooperate with the special voting rules administrator to facilitate the voting, under Divisions 3 and 4 of this Part, of

• (a) a person employed by or in support of the Canadian Forces outside Canada;

• (b) a person who accompanies a unit or other element of the Canadian Forces that is on service or active service outside Canada, within the meaning of subsection 61(1) of the National Defence Act; or

• (c) a person who resides outside Canada with a member of the Canadian Forces or with a person referred to in paragraph (a) or (b).

Liaison Officers

Marginal note:Designation

• 199.2 (1) The Minister of National Defence shall designate one or more electors as liaison officers to work, during and between election periods, with the Chief Electoral Officer and the coordinating officer in carrying out the purposes and provisions of this Division.

• Marginal note:Duty of coordinating officer

  (2) The coordinating officer shall provide the Chief Electoral Officer with the name and address of each liaison officer as each one is designated.

Steps to Prepare for Vote

Marginal note:Duty of Chief Electoral Officer

200 Without delay after the issue of the writs, the Chief Electoral Officer shall inform the Minister of National Defence and the coordinating officer of their issue.

201 [Repealed, 2018, c. 31, s. 137]

Marginal note:Duty of coordinating officer

202 On being informed of the issue of the writs, the coordinating officer shall inform each liaison officer and commanding officer of their issue.

Marginal note:Duty of liaison officers — information

203 On being informed of the issue of the writs, a liaison officer shall give each commanding officer in respect of whose unit the liaison officer has liaison duties all necessary information for carrying out the purposes and provisions of this Division.

Duties of Commanding Officers

Marginal note:Notice

• 204 (1) On being informed of the issue of the writs, each commanding officer shall

  • (a) publish a notice as a part of unit orders; and

  • (b) prepare a list of the names of the electors of his or her unit.

• Marginal note:Contents of notice

  (2) The notice shall notify electors that an election has been called and of the date of polling day and shall inform the electors that

  • (a) they may vote in accordance with this Division; and

  • (b) the commanding officer will designate one or more unit election officers to collect their votes and fix the voting times during the voting period.

• Marginal note:Contents of list

  (3) The list shall be arranged alphabetically and shall indicate each elector’s surname, given names and service number, the address of his or her place of ordinary residence and his or her electoral district.

Marginal note:Alternative address — commanding officer

• 204.1 (1) For the purpose of maintaining operational security, a commanding officer may indicate on the list of electors, with respect to some or all of the electors in the commanding officer’s unit, their alternative address rather than the address that would otherwise be indicated under subsection 204(3).

• Marginal note:Alternative address — elector

  (2) For the purpose of maintaining operational security or out of a reasonable apprehension of bodily harm if the address of his or her place of ordinary residence were to appear on the list of electors, an elector may ask his or her commanding officer not to indicate that address on the list of electors. The commanding officer, unless he or she considers that it would not be in the public interest to do so, shall grant the request and indicate the elector’s alternative address on the list.

• Marginal note:Special voting rules administrator informed

  (3) The commanding officer shall inform the special voting rules administrator, through a liaison officer, that an alternative address has been indicated under this section.

• Marginal note:Clarification

  (4) For greater certainty, the indication of an alternative address on the list of electors under this section does not change the elector’s place of ordinary residence for the purposes of this Act.

Marginal note:Duties of commanding officer

• 205 (1) After being informed of the issue of the writs, but no later than the 28th day before polling day, each commanding officer shall

  • (a) establish polling stations;

  • (b) designate a sufficient number of electors as unit election officers to allow for voting to take place at each polling station;

  • (c) through a liaison officer, provide the special voting rules administrator with a list of the unit election officers and their ranks, and the list of electors for the unit; and

  • (d) provide the unit election officers with the list of electors for the unit.

• Marginal note:Facilities

  (2) Each commanding officer shall provide the facilities that are necessary to enable the electors to vote in accordance with this Division.

• Marginal note:Voting times

  (3) Each commanding officer shall fix the voting times so that the polling stations in his or her unit are open for at least three hours a day on at least three days during the voting period.

Marginal note:Mobile polling station

• 206 (1) A commanding officer may establish a mobile polling station in any area for the purpose of collecting the votes of electors who cannot conveniently reach polling stations established at their unit.

• Marginal note:Opening period

  (2) A mobile polling station shall remain in an area and be open for the collection of votes for the days and hours during the voting period that the commanding officer considers necessary to give electors in the area a reasonable opportunity to vote.

Marginal note:Joint polling stations

207 The commanding officers of units may establish a joint polling station for electors in their units, if the commanding officers consider that it would be useful to do so for carrying out the purposes and provisions of this Division.

Marginal note:Notice of polling stations and voting times

208 During each of three or more days before the voting period and on each day on which the vote is held, each commanding officer shall publish in his or her unit’s orders and put in a conspicuous place a notice that states

• (a) the days on which the electors may vote;

• (b) the precise location of, and the voting hours at, each polling station, other than a mobile polling station; and

• (c) in the case of a mobile polling station, its location and the anticipated period during which it is to remain at that location.

Marginal note:Election materials

209 On receiving election materials and the list of candidates, each commanding officer shall

• (a) distribute the materials to the unit election officers; and

• (b) display the list in one or more conspicuous places or make it otherwise accessible to electors in their unit.

Voting

Marginal note:Duties of unit election officer

210 During the voting period, a unit election officer shall

• (a) display the voting instructions provided by the Chief Electoral Officer in relation to the vote under this Division in conspicuous places at each polling station or make them otherwise accessible to electors; and

• (b) keep available for consultation by the electors the text of this Part, the election materials necessary for determining in which electoral district an elector is entitled to vote and the list of candidates.

Marginal note:Representative of registered party

211 A Canadian citizen may represent a registered party at a polling station if he or she provides the unit election officer with a copy of an authorization in the prescribed form signed by a candidate for the party.

Marginal note:Elector to give name, etc.

• 211.1 (1) Each elector, on arriving at the polling station, shall give his or her name and service number and the address of his or her place of ordinary residence to the unit election officer and, on request, to a representative of a registered party.

• Marginal note:Alternative address

  (2) For the purpose of subsection (1), if an alternative address is indicated on the list of electors under section 204.1 in respect of the elector, the elector may provide that alternative address.

• Marginal note:Proof of identity

  (3) If the unit election officer determines that the elector’s name, service number and address appear on the list of electors, then the elector shall provide the officer with the following proof of the elector’s identity:

  • (a) one piece of identification issued by the Canadian Forces that contains a photograph of the elector and his or her name and service number; or

  • (b) two pieces of identification of a type authorized under section 211.3 each of which establishes the elector’s name and at least one of which establishes his or her service number.

• Marginal note:Examination of identification documents

  (4) A representative of a registered party may examine, but not handle, any piece of identification presented under this section.

• Marginal note:Name crossed off the list

  (5) If the unit election officer is satisfied that an elector’s identity has been proven in accordance with this section, the elector’s name shall be crossed off the list of electors.

Marginal note:Application for registration and special ballot

• 211.2 (1) An elector whose name does not appear on the list of electors or whose address on the list does not correspond with the elector’s place of ordinary residence may complete an application for registration and special ballot and provide the unit election officer with the following proof of the elector’s identity:

  • (a) one piece of identification issued by the Canadian Forces that contains a photograph of the elector and his or her name and service number; or

  • (b) two pieces of identification of a type authorized under section 211.3 each of which establishes the elector’s name and at least one of which establishes his or her service number.

• Marginal note:Content of application

  (2) An application for registration and special ballot shall be in the prescribed form and shall include the following information relating to each elector:

  • (a) his or her surname and given names;

  • (b) his or her date of birth;

  • (c) his or her service number;

  • (d) the civic address and mailing address of his or her place of ordinary residence;

  • (e) his or her current mailing address; and

  • (f) any other information that the Chief Electoral Officer considers necessary to determine the electoral district in which he or she is entitled to vote.

• Marginal note:Alternative addresses

  (3) For the purpose of maintaining operational security or out of a reasonable apprehension of bodily harm if he or she were to indicate the addresses referred to in paragraph 2(d), the elector may apply to the elector’s commanding officer to use another address for that purpose. The commanding officer, unless he or she considers that it would not be in the public interest to do so, shall grant the application and provide the elector with the alternative address that is to be used on the application for registration and special ballot.

• Marginal note:Optional information

  (4) In addition to the information specified in subsection (2), the Chief Electoral Officer may request that the elector provide other information that the Chief Electoral Officer considers necessary for implementing agreements made under section 55, but the elector is not required to provide that information.

• Marginal note:Examination of identification documents

  (5) A representative of a registered party may examine, but not handle, any piece of identification presented under this section.

• Marginal note:Acceptance of the application

  (6) If the unit election officer is satisfied that an elector’s identity has been proven in accordance with this section, the unit election officer shall accept the application for registration and special ballot.

• Marginal note:Application of subsections 204.1(3) and (4)

  (7) If an alternative address is used in accordance with subsection (3), subsections 204.1(3) and (4) apply with any necessary modifications.

Marginal note:Authorized types of identification

211.3 The Chief Electoral Officer may authorize types of identification, in consultation with the coordinating officer, for the purposes of paragraphs 211.1(3)(b) and 211.2(1)(b). For greater certainty, any document may be authorized, regardless of who issued it.

Marginal note:Declaration of elector

212 The unit election officer shall require the elector whose name has been crossed off the list of electors or whose application for registration and special ballot has been accepted to sign the declaration prescribed by the Chief Electoral Officer.

Marginal note:Provision of special ballot, etc.

• 213 (1) A unit election officer shall, once the elector has signed the declaration referred to in section 212, give the elector a special ballot, an inner envelope, the declaration — if it is not on the outer envelope — and the outer envelope.

• Marginal note:Limitation

  (1.1) An elector who has received a special ballot under subsection (1) may vote only under this Division.

• Marginal note:Voting on special ballot

  (2) The elector shall use the special ballot to vote by writing on it, in private, the name of the candidate of his or her choice, folding it and, in the presence of the unit election officer,

  • (a) placing the folded special ballot in the inner envelope and sealing the envelope; and

  • (b) placing the inner envelope and the declaration — if it is not on the outer envelope — in the outer envelope and sealing the outer envelope.

• Marginal note:Writing candidate’s name

  (3) The candidate shall be indicated on a special ballot by writing the candidate’s given name or initials and surname. If two or more candidates have the same name, their political affiliations shall be indicated.

• Marginal note:Spoiled special ballot

  (4) If the special ballot is incapable of being used, the elector shall return it to the unit election officer, who shall mark it as a spoiled ballot and give the elector another special ballot.

• Marginal note:Limit

  (5) An elector shall not be given more than one special ballot under subsection (4).

Marginal note:Information to be provided to elector

• 214 (1) The unit election officer shall inform an elector that, in order for the special ballot to be counted, the outer envelope must be received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on polling day. The unit election officer shall inform the elector of the service provided by the Canadian Forces to deliver the outer envelope.

• Marginal note:Sending the outer envelope

  (2) If the elector does not use the delivery service provided by the Canadian Forces, it is the elector’s responsibility to ensure that the outer envelope is sent to the special voting rules administrator.

• (3) [Repealed, 2018, c. 31, s. 145]

Marginal note:Voting by unit election officer

215 A unit election officer who is qualified to vote may vote in accordance with this Division.

Marginal note:Assistance by unit election officer

• 216 (1) If an elector is unable to read or because of a disability is unable to vote in the manner described in this Division, the unit election officer shall assist him or her by

  • (a) completing the declaration referred to in section 212 and writing the elector’s name where the elector’s signature is to be written; and

  • (b) marking the special ballot as directed by the elector in the elector’s presence and in the presence of another elector selected by the elector as a witness.

• Marginal note:Note and keeping vote secret

  (2) The unit election officer and an elector acting as a witness shall

  • (a) sign a note on the declaration indicating that the elector was assisted; and

  • (b) keep secret the name of the candidate for whom the elector voted.

Marginal note:Hospitalized or convalescing elector

• 217 (1) An elector who is a patient in a service hospital or convalescent institution during the voting times fixed for the polling stations in his or her unit is deemed to be a member of the unit under the command of the officer in charge of the hospital or institution.

• Marginal note:Unit election officer for hospitalized electors

  (2) If no unit election officer has been designated for a service hospital or convalescent institution, the unit election officer for the unit to which the hospital or institution belongs is the unit election officer for electors who are patients in the hospital or institution.

• Marginal note:Bed-ridden electors

  (3) A unit election officer for electors who are patients in a service hospital or convalescent institution may, if that officer considers it advisable and the officer in charge of the hospital or institution approves, go from room to room to administer and collect the votes of electors who are confined to bed.

Marginal note:Duty, leave or furlough

218 An elector who provides satisfactory evidence of his or her absence from his or her unit during the voting times fixed for the polling stations in that unit because of duty, leave or furlough may apply to a unit election officer of another unit, in accordance with section 211.2, to vote at that officer’s polling station.

Marginal note:Delivery of documents to the commanding officer

• 219 (1) The unit election officer shall deliver to the unit’s commanding officer,

  • (a) at the end of each voting day, if feasible, and no later than the end of the voting period, the outer envelopes containing the marked special ballots, the applications for registration and special ballot that were accepted by the unit election officer and the service number of each elector who received a special ballot; and

  • (b) at the end of the voting period, any spoiled outer envelopes, any spoiled special ballots and any other election documents and election materials in the unit election officer’s possession.

• Marginal note:Delivery of outer envelopes, etc.

  (1.1) On receipt of the outer envelopes and applications for registration and special ballot referred to in paragraph (1)(a), the commanding officer shall deliver them to the special voting rules administrator.

• Marginal note:Provision of information

  (1.2) On receipt of the service numbers referred to in paragraph (1)(a), the commanding officer shall inform the special voting rules administrator, through the liaison officer, of the identity of the electors who received a special ballot.

• Marginal note:Delivery of election documents and election materials

  (2) On receipt of the election documents and election materials referred to in paragraph (1)(b), the commanding officer shall deliver them to the special voting rules administrator with all other election documents and election materials in the commanding officer’s possession.

Marginal note:Informing the returning officer

• 219.1 (1) On being informed under subsection 219(1.2) that an elector has received a special ballot, the special voting rules administrator shall inform the returning officer for the electoral district of the elector’s place of ordinary residence of this.

• Marginal note:Name on list of electors

  (2) When the returning officer is informed under subsection (1) that an elector has received a special ballot, he or she shall

  • (a) if the elector’s name is not already included on a list of electors, enter the elector’s name on the list of electors for the appropriate polling division in that electoral district; and

  • (b) indicate on the list of electors that the elector has received a special ballot.

DIVISION 3Electors Resident Outside Canada

Marginal note:Definitions

220 The definitions in this section apply in this Division.

elector

elector means an elector who resides outside Canada. (électeur)

register

register means the register referred to in section 222. (registre)

Marginal note:Inclusion in register of electors resident outside Canada

221 An elector may vote under this Division if

• (a) his or her application for registration and special ballot is received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on the 6th day before polling day; and

• (b) his or her name is entered on the register.

Marginal note:Register of electors

222 The Chief Electoral Officer shall maintain a register of electors in which is entered the surname, given names, gender, date of birth, civic address, mailing address and electoral district of each elector who has filed an application for registration and special ballot in order to vote under this Division and who, at any time before making the application, resided in Canada.

Marginal note:Inclusion in register

• 223 (1) An application for registration and special ballot may be made by an elector. It shall be in the prescribed form and shall include

  • (a) satisfactory proof of the elector’s identity;

  • (b) [Repealed, 2018, c. 31, s. 153]

  • (c) the elector’s date of birth;

  • (d) [Repealed, 2018, c. 31, s. 153]

  • (e) the address of the elector’s place of ordinary residence;

  • (f) [Repealed, 2018, c. 31, s. 153]

  • (g) the elector’s mailing address outside Canada; and

  • (h) any other information that the Chief Electoral Officer considers necessary to determine the elector’s entitlement to vote or the electoral district in which he or she may vote.

• Marginal note:Optional information

  (2) In addition to the information specified in subsection (1), the Chief Electoral Officer may request that the elector provide other information that the Chief Electoral Officer considers necessary for implementing agreements made under section 55, but the elector is not required to provide that information.

Marginal note:Prohibition — change of address

224 The address chosen as the place of ordinary residence in Canada in the application for registration and special ballot cannot be changed after the elector’s name is entered in the register.

Marginal note:Information to be provided

225 The Chief Electoral Officer may require an elector whose name appears in the register to provide, within the time fixed by the Chief Electoral Officer, any information that is necessary to update the register.

Marginal note:Deletion of names from register

226 The Chief Electoral Officer shall delete from the register the name of an elector who

• (a) does not provide the information referred to in section 225 within the time fixed by the Chief Electoral Officer;

• (b) makes a signed request to the Chief Electoral Officer to have his or her name deleted from the register;

• (c) has died and concerning whom a request has been received to have the elector’s name deleted from the register, to which request is attached a death certificate or other documentary evidence of the death;

• (d) returns to Canada to reside; or

• (e) cannot be contacted.

• (f) [Repealed, 2018, c. 31, s. 154]

Marginal note:Special ballot

• 227 (1) After approving an application for registration and special ballot and after the issue of the writs, the Chief Electoral Officer shall provide a special ballot to every elector whose name is entered in the register.

• Marginal note:Voting by special ballot

  (2) An elector shall vote by special ballot by

  • (a) writing the name of the candidate of his or her choice on the ballot;

  • (b) placing the ballot in an inner envelope and sealing it;

  • (c) signing the declaration prescribed by the Chief Electoral Officer; and

  • (d) placing the inner envelope and the declaration — if it is not on the outer envelope — in the outer envelope and sealing it.

• Marginal note:Writing candidate’s name

  (3) The candidate shall be indicated on a special ballot by writing the candidate’s given name or initials and surname. If two or more candidates have the same name, their political affiliation shall be indicated.

Marginal note:Sending of outer envelope

228 An elector shall send the sealed outer envelope to the Chief Electoral Officer

• (a) by mail or any other means; or

• (b) by delivering it to a Canadian Embassy, Canadian High Commission or Canadian Consular Office, to a Canadian Forces base or to any place that the Chief Electoral Officer may designate.

Marginal note:Deadline for return of vote

229 The special ballot must be received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on polling day in order to be counted.

Marginal note:Responsibilities of elector

230 For the purpose of this Division, an elector has the sole responsibility to ensure that

• (a) his or her application for registration and special ballot is made within the period specified; and

• (b) his or her special ballot is received within the period specified to be counted.

DIVISION 4Electors Residing in Canada

Marginal note:Definition of elector

231 For the purpose of this Division, elector means an elector, other than an incarcerated elector, who resides in Canada and who wishes to vote in accordance with this Division.

Marginal note:Conditions for voting by special ballot

• 232 (1) An elector may vote under this Division if his or her application for registration and special ballot is received by a returning officer in an electoral district or by the special voting rules administrator after the issue of the writs but before 6:00 p.m. on the 6th day before polling day.

• Marginal note:Conditions for voting by special ballot — specified later day

  (2) If, for the purpose of this subsection, the Chief Electoral Officer specifies on his or her Internet site a day that is after the 6th day before polling day but before polling day, an elector may vote under this Division if his or her application for registration and special ballot is received by the returning officer in the elector’s electoral district or by the special voting rules administrator after the issue of the writs but before 6:00 p.m. on the specified day.

• Marginal note:Restriction

  (3) The Chief Electoral Officer may specify a day for the purpose of subsection (2) only if he or she considers that the integrity of the vote will not be affected if applications for registration and special ballots are received after 6:00 p.m. on the 6th day before polling day.

Marginal note:Information required for application

• 233 (1) The application for registration and special ballot shall be in the prescribed form and shall include the following information:

  • (a) the elector’s name and the address of his or her place of ordinary residence;

  • (b) the elector’s date of birth;

  • (c) satisfactory proof of the elector’s identity and residence;

  • (d) the elector’s mailing address; and

  • (e) any other information that the Chief Electoral Officer considers necessary to determine the elector’s entitlement to vote or the electoral district in which he or she may vote.

• Marginal note:Electors in danger

  (1.1) An elector who would be under reasonable apprehension of bodily harm if he or she were to indicate the address of his or her place of ordinary residence or his or her mailing address for the purpose of paragraph (1)(a) or (d) may apply to the returning officer or special voting rules administrator to use another address for that purpose. The returning officer or special voting rules administrator, unless he or she considers that it would not be in the public interest to do so, shall grant the application and shall not reveal the addresses in respect of which the application is made except as required to send the special ballot to the elector. For greater certainty, the granting of the application does not change the elector’s place of ordinary residence for the purposes of this Act.

• Marginal note:Optional information

  (2) In addition to the information specified in subsection (1), the Chief Electoral Officer may request that the elector provide other information that the Chief Electoral Officer considers necessary to implement agreements made under section 55, but the elector is not required to provide that information.

• (3) [Repealed, 2018, c. 31, s. 158]

234 [Repealed, 2018, c. 31, s. 159]

Marginal note:Vote by special ballot only

235 Once an elector’s application for registration and special ballot has been accepted, the elector may only vote under this Division.

Marginal note:List of electors

236 Once an elector’s application for registration and special ballot has been accepted by the returning officer or special voting rules administrator, he or she shall ensure, in accordance with the Chief Election Officer’s instructions,

• (a) that the elector’s name is entered on the list of electors for the polling division of the elector’s place of ordinary residence, if it is not already included on a list of electors; and

• (b) that there is an indication on the list of electors that the elector has received a special ballot.

Marginal note:Provision of ballot

• 237 (1) Subject to subsection (2) and section 237.1, on acceptance of an elector’s application for registration and special ballot, the elector shall be provided with a special ballot.

• Marginal note:Provision of ballot and envelopes

  (2) If section 241 applies, then, on acceptance of an elector’s application for registration and special ballot, the elector shall be given a ballot, an inner envelope and an outer envelope.

Marginal note:Proof of identity and residence

• 237.1 (1) If an elector goes to the office of a returning officer to receive his or her ballot or special ballot, then before receiving it the elector shall prove his or her identity and residence in accordance with section 143.

• Marginal note:Presence of candidate or representative

  (2) A candidate or their representative may be present at the office when the elector

  • (a) receives the ballot;

  • (b) places the folded ballot in the inner envelope and seals it; and

  • (c) places the inner envelope in the outer envelope and seals it.

• Marginal note:Examination of identification documents

  (3) The candidate or representative may examine but not handle any piece of identification provided by the elector.

• (3.1) [Repealed, 2018, c. 31, s. 161]

• (3.2) [Repealed, 2018, c. 31, s. 161]

• Marginal note:Application of provisions

  (4) For the purposes of this section, the following provisions apply with any necessary modifications in respect of the location in the returning officer’s office where the elector receives his or her ballot or special ballot as though that location were a polling station:

  • (a) sections 135 to 137;

  • (b) sections 143 to 144;

  • (c) subsection 164(1);

  • (d) section 166;

  • (d.1) subsections 281.6(1) to (4);

  • (d.2) section 282.2; and

  • (e) paragraph 489(3)(c).

Marginal note:Voting by special ballot

238 An elector who has been provided with a special ballot may vote only by following the procedure set out in subsections 227(2) and (3).

Marginal note:Receipt of special ballot — application made outside electoral district

• 239 (1) In order to have their special ballot counted, an elector whose application for registration and special ballot was accepted by the special voting rules administrator or by a returning officer outside the elector’s electoral district shall ensure that the special ballot is received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on polling day. The special ballot shall be transmitted by

  • (a) sending the sealed outer envelope to the special voting rules administrator by mail or any other means; or

  • (b) delivering it to a Canadian Embassy, High Commission or Consular Office, to a Canadian Forces base outside Canada or to any other place that the Chief Electoral Officer designates.

• Marginal note:Receipt of special ballot — application made in electoral district

  (2) In order to have their special ballot counted, an elector whose application for registration and special ballot was accepted by the returning officer in the elector’s electoral district shall ensure that the ballot is received at the office of that returning officer before the close of the polling stations on polling day.

• Marginal note:Vote counted

  (3) Despite subsection (2), a special ballot referred to in that subsection that is received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on polling day shall be counted.

Marginal note:Responsibilities of elector

240 For the purpose of this Division, an elector has the sole responsibility to ensure that

• (a) his or her application for registration and special ballot is made within the period specified; and

• (b) his or her special ballot is received within the period specified to be counted as a vote.

Marginal note:Elector to be given regular ballot

241 An elector who applies to vote in person at the office of the returning officer for his or her electoral district after ballots for the electoral district have been printed shall be given a ballot that is not a special ballot and shall immediately vote in the manner described in paragraphs 151(1)(a) and (b) and 227(2)(b) to (d) and return the outer envelope to the election officer.

Marginal note:No marking

241.1 If, under section 241, an elector is given a ballot that is not a special ballot, no marking shall be placed on the back of the ballot in the space otherwise indicated in Form 3 of Schedule 1 for a polling division number.

Marginal note:Spoiled ballot

• 242 (1) If the ballot or special ballot is incapable of being used, the elector shall return it to the election officer, who shall mark it as a spoiled ballot and give the elector another ballot or special ballot.

• Marginal note:Limit

  (2) An elector shall not be given more than one ballot or special ballot, as the case may be, under subsection (1).

Marginal note:Assistance

• 243 (1) When an elector personally goes to the office of the returning officer and is unable to read or because of a disability is unable to vote in the manner described in this Division, the designated election officer shall assist the elector by

  • (a) completing the declaration referred to in paragraph 227(2)(c) and writing the elector’s name where the elector’s signature is to be written; and

  • (b) marking the ballot as directed by the elector in the elector’s presence.

• Marginal note:Note on declaration

  (2) An election officer who assists an elector under subsection (1) shall indicate, by signing the note on the declaration, that the elector was assisted.

Marginal note:Assistance by friend or related person

• 243.01 (1) If an elector requires assistance to vote, one of the following persons may accompany the elector into the voting compartment at the office of the returning officer and assist the elector to mark his or her ballot:

  • (a) a friend of the elector;

  • (b) the elector’s spouse or common-law partner; or

  • (c) a relative of the elector or of the elector’s spouse or common-law partner.

• Marginal note:Solemn declaration

  (2) A person described in subsection (1) who wishes to assist an elector in marking a ballot shall first make a solemn declaration in the prescribed form that he or she

  • (a) will mark the ballot paper in the manner directed by the elector;

  • (b) will not disclose the name of the candidate for whom the elector voted;

  • (c) will not try to influence the elector in choosing a candidate; and

  • (d) has not, during the current election, assisted another person, as a friend, to mark a ballot.

Marginal note:Voting at home

• 243.1 (1) On application of an elector who is unable to read — or who is unable to vote in the manner described in this Division because of a disability — and who is unable to personally go to the office of the returning officer because of a disability, an election officer shall go to the elector’s dwelling place and, in the presence of a witness who is chosen by the elector, assist the elector by

  • (a) completing the declaration referred to in paragraph 227(2)(c) and writing the elector’s name where the elector’s signature is to be written; and

  • (b) marking the ballot as directed by the elector in the elector’s presence.

• Marginal note:Note on declaration

  (2) The election officer and the witness who assist an elector under subsection (1) shall indicate, by signing the note on the declaration, that the elector was assisted.

DIVISION 5Incarcerated Electors

Definition of elector

244 For the purpose of this Division, elector means an incarcerated elector.

Marginal note:Non-application

244.1 This Division does not apply to an elector who is incarcerated in a place designated under subsection 205(1) of the National Defence Act.

Marginal note:Entitlement to vote

• 245 (1) Every elector is entitled to vote under this Division on the 12th day before polling day.

• Marginal note:Exercise of right to vote

  (2) An elector is not entitled to vote under this Division unless he or she has signed an application for registration and special ballot under section 251 and a declaration described in section 257.

• Marginal note:Vote to be in electoral district

  (3) An elector is entitled to vote under this Division only for a candidate in the electoral district in which his or her place of ordinary residence is situated as shown on the application for registration and special ballot made by the elector under section 251.