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

Full Document:  

Act current to 2022-05-16 and last amended on 2021-06-29. Previous Versions

PART 6Candidates (continued)

Rights of Candidates (continued)

 [Repealed, 2014, c. 12, s. 29]

 [Repealed, 2014, c. 12, s. 29]

 [Repealed, 2014, c. 12, s. 29]

 [Repealed, 2014, c. 12, s. 29]

 [Repealed, 2014, c. 12, s. 29]

 [Repealed, 2014, c. 12, s. 29]

 [Repealed, 2014, c. 12, s. 29]

 [Repealed, 2014, c. 12, s. 29]

Prohibition

Marginal note:Ineligible candidate

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

 [Repealed, 2014, c. 12, s. 30]

Marginal note:Publishing false statement to affect election results

  •  (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

 No person or entity shall publish a false statement that indicates that a candidate has withdrawn.

 [Repealed, 2014, c. 12, s. 31]

 [Repealed, 2014, c. 12, s. 31]

 [Repealed, 2014, c. 12, s. 31]

 [Repealed, 2014, c. 12, s. 31]

 [Repealed, 2014, c. 12, s. 31]

 [Repealed, 2014, c. 12, s. 31]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

  •  (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

 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

  •  (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

  •  (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.

  • 2000, c. 9, s. 96
  • 2014, c. 12, s. 33

Marginal note:Election officers who are designated to receive applications

  •  (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

 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

 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

 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.

  • 2007, c. 21, s. 15

Marginal note:Election officers to act in pairs

  •  (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

  •  (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.

 
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