Canada Elections Act

Marginal note:Appointment of returning officers

• 24 (1) The Governor in Council shall appoint a returning officer for each electoral district and may only remove him or her for cause under subsection (7).

• Marginal note:Responsibility of returning officer

  (2) A returning officer is responsible, under the general direction of the Chief Electoral Officer, for the preparation for and conduct of an election in his or her electoral district.

• Marginal note:Obligation to act to enable elections to be held

  (3) Every returning officer to whom a writ is directed shall, on its receipt, or on notification by the Chief Electoral Officer of its issue, cause to be promptly taken any of the proceedings directed by this Act that are necessary in order that the election may be regularly held.

• Marginal note:Vacancy

  (4) The office of a returning officer is not vacant unless the returning officer dies, resigns, ceases to reside in the electoral district or is removed from office or the boundaries of their electoral district are revised as a result of a representation order made under section 25 of the Electoral Boundaries Readjustment Act.

• Marginal note:Resignation

  (5) A returning officer who intends to resign shall give written notice to that effect to the Chief Electoral Officer and the resignation is effective only when it is accepted by the Chief Electoral Officer.

• Marginal note:No partisan conduct

  (6) No returning officer shall, while in office, knowingly engage in politically partisan conduct and in particular shall not make a contribution to a candidate, a leadership contestant or a nomination contestant or belong to or make a contribution to, be an employee of or hold a position in, a registered party, an eligible party or a registered association.

• Marginal note:Removal from office

  (7) The Governor in Council may remove from office any returning officer who

  • (a) is incapable, by reason of illness, physical or mental disability or otherwise, of satisfactorily performing his or her duties under this Act;

  • (b) fails to discharge competently a duty of a returning officer under this Act or to comply with an instruction of the Chief Electoral Officer described in paragraph 16(c);

  • (c) fails to complete the revision of the boundaries of the polling divisions in their electoral district as instructed by the Chief Electoral Officer under subsection 538(3); or

  • (d) contravenes subsection (6), whether or not the contravention occurs in the exercise of his or her duties under this Act.