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Canada Elections Act

Version of section 57 from 2003-01-01 to 2007-05-02:


Marginal note:General election — proclamation

  •  (1) The Governor in Council shall issue a proclamation in order for a general election to be held.

  • Marginal note:By-election — order

    (1.1) The Governor in Council shall make an order in order for a by-election to be held.

  • Marginal note:Contents

    (1.2) The proclamation or order shall

    • (a) direct the Chief Electoral Officer to issue a writ to the returning officer for each electoral district to which the proclamation or order applies;

    • (b) fix the date of issue of the writ; and

    • (c) fix the date for voting at the election, which date must be at least 36 days after the issue of the writ.

  • Marginal note:General election

    (2) In the case of a general election,

    • (a) the date of issue of the writ shall be the same for all electoral districts;

    • (b) polling day shall be the same for all electoral districts; and

    • (c) the proclamation shall fix a date for the return of the writ to the Chief Electoral Officer, which date shall be the same for all of the writs.

  • Marginal note:Election held on a Monday

    (3) Subject to subsection (4), polling day shall be on a Monday.

  • Marginal note:Exception

    (4) If, in the week in which the election is to be held, the Monday is a holiday, polling day shall be held on the Tuesday of that week.

  • Marginal note:Times when polling day is Tuesday

    (5) If the day fixed for the vote is a Tuesday because of subsection (4), any time period specified under this Act before or after polling day is to be calculated as if polling day were the Monday.

  • 2000, c. 9, s. 57
  • 2001, c. 21, s. 5

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