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Canada Elections Act

Version of section 22 from 2019-06-13 to 2024-04-01:


Marginal note:Election officers

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    • (d) [Repealed, 2018, c. 31, s. 20]

    • (e) [Repealed, 2018, c. 31, s. 20]

    • (f) [Repealed, 2018, c. 31, s. 20]

    • (g) [Repealed, 2018, c. 31, s. 20]

    • (g.1) [Repealed, 2018, c. 31, s. 20]

    • (h) [Repealed, 2018, c. 31, s. 20]

    • (i) [Repealed, 2018, c. 31, s. 20]

    • (j) [Repealed, 2018, c. 31, s. 20]

    • (k) [Repealed, 2018, c. 31, s. 20]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    • (o) [Repealed, 2018, c. 31, s. 20]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

  • 2000, c. 9, s. 22
  • 2002, c. 7, s. 91
  • 2006, c. 9, s. 173
  • 2014, c. 2, s. 48, c. 12, s. 12
  • 2018, c. 31, s. 20

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