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

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• (2) [Repealed, 2006, c. 9, s. 176]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.