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

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.