Canada Elections Act

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 at least 36 days after the issue of the writ.

• 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), polling day shall be on a Monday.

• Marginal note:Exception

  (4) 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 Tuesday

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