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

Act current to 2015-06-09 and last amended on 2015-01-01. Previous Versions

Canada Elections Act

S.C. 2000, c. 9

Assented to 2000-05-31

An Act respecting the election of members to the House of Commons, repealing other Acts relating to elections and making consequential amendments to other Acts

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note:Short title

 This Act may be cited as the Canada Elections Act.

INTERPRETATION

Marginal note:Definitions
  •  (1) The definitions in this subsection apply in this Act.

    “advance poll”

    « vote par anticipation »

    “advance poll” means a vote held under Part 10.

    “advance polling station”

    « bureau de vote par anticipation »

    “advance polling station” means a polling station established under subsection 168(3).

    “broadcaster”

    « radiodiffuseur »

    “broadcaster” means a person who is licensed by the Canadian Radio-television and Telecommunications Commission under the Broadcasting Act to carry on a programming undertaking.

    “broadcasting”

    « radiodiffusion »

    “broadcasting” means broadcasting, as defined in subsection 2(1) of the Broadcasting Act, that is regulated and supervised by the Canadian Radio-television and Telecommunications Commission pursuant to section 5 of that Act.

    “Broadcasting Arbitrator”

    « arbitre »

    “Broadcasting Arbitrator” means the person appointed as Broadcasting Arbitrator under subsection 332(1).

    “by-election”

    « élection partielle »

    “by-election” means an election other than a general election.

    “candidate”

    « candidat »

    “candidate” means a person whose nomination as a candidate at an election has been confirmed under subsection 71(1) and who, or whose official agent, has not yet complied with sections 477.59 to 477.72 and 477.8 to 477.84 in respect of that election.

    “capital asset”

    « bien immobilisé »

    “capital asset” means any property with a commercial value of more than $200 that is normally used outside an election period other than for the purposes of an election.

    “chief agent”

    « agent principal »

    “chief agent” means the chief agent named in the application of a political party to become a registered party as required under paragraph 385(2)(h) or a chief agent’s replacement appointed under subsection 400(1).

    “close of nominations”

    « clôture des candidatures »

    “close of nominations” means the deadline for the receipt of nominations set out in subsection 70(2).

    “closing day for nominations”

    « jour de clôture »

    “closing day for nominations” means the day referred to in section 69.

    “commercial value”

    « valeur commerciale »

    “commercial value”, in relation to property or a service, means the lowest amount charged at the time that it was provided for the same kind and quantity of property or service or for the same usage of property or money, by

    • (a) the person who provided it, if the person is in the business of providing that property or service; or

    • (b) another person who provides that property or service on a commercial basis in the area where it was provided, if the person who provided the property or service is not in that business.

    “Commissioner”

    « commissaire »

    “Commissioner” means the Commissioner of Canada Elections appointed under subsection 509(1).

    “common-law partner”

    « conjoint de fait »

    “common-law partner”, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year.

    “contribution”

    « contribution »

    “contribution” means a monetary contribution or a non-monetary contribution.

    “election”

    « élection »

    “election” means an election of a member to serve in the House of Commons.

    “election documents”

    « documents électoraux »

    “election documents” means the following documents:

    • (a) the writ with the return of the election endorsed on it;

    • (b) the nomination papers filed by the candidates;

    • (c) the reserve supply of undistributed blank ballot papers;

    • (d) documents relating to the revision of the lists of electors;

    • (e) the statements of the vote from which the validation of results was made; and

    • (f) the other returns from the various polling stations enclosed in sealed envelopes, as required by Part 12, and containing

      • (i) a packet of stubs and unused ballot papers,

      • (ii) packets of ballot papers cast for the various candidates,

      • (iii) a packet of spoiled ballot papers,

      • (iv) a packet of rejected ballot papers,

      • (v) a packet containing the list of electors used at the polling station, the written authorizations of candidates’ representatives and the used transfer certificates, if any, and

      • (vi) a packet containing the registration certificates;

    • (g) the prescribed forms referred to in section 162 and any other prescribed form to be used at a polling station that contains personal information relating to an elector.

    “election officer”

    « fonctionnaire électoral »

    “election officer” means a person referred to in subsection 22(1).

    “election period”

    « période électorale »

    “election period” means the period beginning with the issue of the writ and ending on polling day or, if the writ is withdrawn under subsection 59(1) or is deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act, on the day that the writ is withdrawn or deemed to be withdrawn.

    “elector”

    « électeur »

    “elector” means a person who is qualified as an elector under section 3.

    “electoral district”

    « circonscription »

    “electoral district” means a place or territorial area that is represented by a member in the House of Commons.

    “electoral district agent”

    « agent de circonscription »

    “electoral district agent” means a person appointed under subsection 456(1), and includes the financial agent of a registered association.

    “electoral district association”

    « association de circonscription »

    “electoral district association” means an association of members of a political party in an electoral district.

    “eligible party”

    « parti admissible »

    “eligible party” means a political party that satisfies the criteria for registration set out in section 387.

    “judge”

    « juge »

    “judge”, when used to define the judicial officer on whom is conferred specific powers, means

    • (a) in relation to the Province of Ontario, a judge of the Superior Court of Justice;

    • (b) in relation to the Province of Quebec, a judge of the Superior Court of Quebec;

    • (c) in relation to the Provinces of Nova Scotia, British Columbia and Prince Edward Island, a judge of the Supreme Court of the Province;

    • (d) in relation to the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, a judge of the Court of Queen’s Bench of the Province;

    • (e) in relation to the Province of Newfoundland and Labrador, a judge of the Trial Division of the Supreme Court of Newfoundland and Labrador;

    • (f) in relation to the electoral district of Yukon, a judge of the Supreme Court of Yukon;

    • (g) in relation to the electoral district of the Northwest Territories, a judge of the Supreme Court of the Northwest Territories;

    • (h) in relation to the electoral district of Nunavut, a judge of the Nunavut Court of Justice; and

    • (i) in relation to any place or territory in Canada,

      • (i) if a vacancy exists or arises in the office of any such judge or if such a judge is unable to act by reason of illness or absence from their judicial district, the judge exercising the jurisdiction of that judge,

      • (ii) if there is more than one judge exercising that jurisdiction, the senior of them, and

      • (iii) if no judge is exercising that jurisdiction, a judge designated for the purpose by the Minister of Justice.

    “leadership campaign agent”

    « agent de campagne à la direction »

    “leadership campaign agent” means a person appointed under subsection 478.5(1), and includes the financial agent of a leadership contestant.

    “leadership campaign expense”

    « dépense de campagne à la direction »

    “leadership campaign expense” means an expense reasonably incurred by or on behalf of a leadership contestant during a leadership contest as an incidence of the contest, including a personal expense as defined in section 478.

    “leadership contest”

    « course à la direction »

    “leadership contest” means a competition for the selection of the leader of a registered party.

    “leadership contestant”

    « candidat à la direction »

    “leadership contestant” means a person who has been registered in the registry of leadership contestants referred to in section 478.4 in respect of a leadership contest and who, or whose financial agent, has not yet complied with sections 478.8 to 478.97 in respect of that leadership contest.

    “list of electors”

    « liste électorale »

    “list of electors” means the list showing the surname, given names, civic address and mailing address of every elector in a polling division and the identifier that is assigned to the elector by the Chief Electoral Officer.

    “member”

    « député »

    “member” means a member of the House of Commons.

    “Minister”

    « ministre »

    “Minister” means the member of the Queen’s Privy Council for Canada designated by the Governor in Council for the purposes of this Act.

    “monetary contribution”

    « contribution monétaire »

    “monetary contribution” means an amount of money provided that is not repayable.

    “nomination campaign expense”

    « dépense de campagne d’investiture »

    “nomination campaign expense” means an expense reasonably incurred by or on behalf of a nomination contestant during a nomination contest as an incidence of the contest, including a personal expense as defined in section 476.

    “nomination contest”

    « course à l’investiture »

    “nomination contest” means a competition for the selection of a person to be proposed to a registered party for its endorsement as its candidate in an electoral district.

    “nomination contestant”

    « candidat à l’investiture »

    “nomination contestant” means a person who is named as a nomination contestant under paragraph 476.1(1)(c) in a report filed in accordance with subsection 476.1(1) in respect of a nomination contest and who, or whose financial agent, has not yet complied with sections 476.75 to 476.94 in respect of that nomination contest.

    “non-monetary contribution”

    « contribution non monétaire »

    “non-monetary contribution” means the commercial value of a service, other than volunteer labour, or of property or of the use of property or money to the extent that they are provided without charge or at less than their commercial value.

    “oath”

    « serment »

    “oath” includes a solemn affirmation and a statutory declaration.

    “official agent”

    « agent officiel »

    “official agent” means a person appointed under subsection 477.1(1) or an official agent’s replacement appointed under section 477.42.

    “official list of electors”

    « liste électorale officielle »

    “official list of electors” means the list of electors prepared by the returning officer under section 106.

    “periodical publication”

    « publication périodique »

    “periodical publication” means a paper, magazine or periodical that is published periodically or in parts or numbers and that contains public news, intelligence or reports of events, or advertisements.

    “personal information”

    « renseignements personnels »

    “personal information” means personal information as defined in section 3 of the Privacy Act.

    “political affiliation”

    « appartenance politique »

    “political affiliation”, in respect of a candidate, means the name of the political party that has endorsed him or her or the word “independent”, as the case may be, included in the nomination paper in accordance with subparagraph 66(1)(a)(v).

    “political party”

    « parti politique »

    “political party” means an organization one of whose fundamental purposes is to participate in public affairs by endorsing one or more of its members as candidates and supporting their election.

    “polling day”

    « jour du scrutin »

    “polling day”, in relation to an election, means the date fixed under paragraph 57(1.2)(c) for voting at the election.

    “polling division”

    « section de vote »

    “polling division” means a polling division referred to in section 538.

    “polling station”

    « bureau de scrutin »

    “polling station” means a place established under section 120, 122, 125, 205, 206, 207, 253 or 255 for electors to cast their votes.

    “preliminary list of electors”

    « liste électorale préliminaire »

    “preliminary list of electors” means the list of electors prepared by the Chief Electoral Officer under subsection 93(1).

    “prescribed”

    « prescrit »

    “prescribed”, in relation to a form or an oath, means one that is authorized by the Chief Electoral Officer.

    “recount”

    « dépouillement judiciaire »

    “recount” means a recount of votes by a judge under Part 14.

    “registered agent”

    « agent enregistré »

    “registered agent” means a person appointed under subsection 396(1), and includes the chief agent of a registered party.

    “registered association”

    « association enregistrée »

    “registered association” means an electoral district association that is registered in the registry of electoral district associations referred to in section 455.

    “registered party”

    « parti enregistré »

    “registered party” means a political party that is registered in the registry of political parties referred to in section 394 as a registered party.

    “Register of Electors”

    « Registre des électeurs »

    “Register of Electors” means the Register of Electors established under section 44.

    “revised list of electors”

    « liste électorale révisée »

    “revised list of electors” means the list of electors prepared by the returning officer under section 105.

    “spoiled”

    « annulé »

    “spoiled”, in relation to a ballot or a special ballot as defined in section 177, means

    • (a) one that has not been deposited in the ballot box but has been found by the deputy returning officer to be soiled or improperly printed; or

    • (b) one that is dealt with under subsection 152(1), including in relation to advance polls by virtue of subsection 171(1), or subsection 213(4), 242(1) or 258(3).

    “volunteer labour”

    « travail bénévole »

    “volunteer labour” means any service provided free of charge by a person outside their working hours, but does not include such a service provided by a person who is self-employed if the service is one that is normally charged for by that person.

    “writ”

    « bref »

    “writ” means a writ of election.

  • Marginal note:Commercial value of capital assets

    (1.1) For the purposes of this Act, the commercial value of any capital asset that is used during an election period is the lower of

    • (a) the commercial value of the rental of the same kind of asset during the period during which the capital asset was used, and

    • (b) the commercial value of the same kind of asset if one were purchased.

  • Marginal note:No commercial value

    (2) For the purposes of this Act, other than section 477.9, the commercial value of property or a service is deemed to be nil if

    • (a) the property or service is provided by a Canadian citizen, or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, who is not in the business of providing that property or service; and

    • (b) the commercial value of the property or service is $200 or less.

  • Marginal note:Satisfactory proof of identity and residence

    (3) For the purposes of this Act, satisfactory proof of an elector’s identity and satisfactory proof of residence are established by the documentary proof of the elector’s identity and residence that is prescribed by the Chief Electoral Officer.

  • Marginal note:Time

    (4) A reference to a time of day in this Act is a reference to local time.

  • Marginal note:Descriptive cross-references

    (5) If, in any provision of this Act, a reference to another provision of this Act or a provision of any other Act is followed by words in parentheses that are or purport to be descriptive of the subject-matter of the provision referred to, those words form no part of the provision in which they occur but are inserted for convenience of reference only.

  • Definition of “polling day”

    (6) If a writ for an election is withdrawn under subsection 59(1) or is deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act, then, in Part 17 and Divisions 1, 2, 4 and 5 of Part 18, “polling day” means the day that the writ is withdrawn or deemed to be withdrawn.

  • 2000, c. 9, s. 2, c. 12, s. 40;
  • 2001, c. 21, s. 1;
  • 2002, c. 7, s. 90;
  • 2003, c. 19, s. 1;
  • 2004, c. 24, s. 1;
  • 2006, c. 9, s. 39;
  • 2007, c. 21, s. 1;
  • 2014, c. 12, s. 2.

PART 1ELECTORAL RIGHTS

Marginal note:Persons qualified as electors

 Every person who is a Canadian citizen and is 18 years of age or older on polling day is qualified as an elector.

Marginal note:Disentitlement from voting

 The following persons are not entitled to vote at an election:

  • (a) the Chief Electoral Officer;

  • (b) the Assistant Chief Electoral Officer; and

  • (c) every person who is imprisoned in a correctional institution serving a sentence of two years or more.

Marginal note:Prohibition

 No person may

  • (a) vote or attempt to vote at an election knowing that they are not qualified as an elector or not entitled to vote under section 4; or

  • (b) induce another person to vote at an election knowing that the other person is not qualified as an elector or not entitled to vote under section 4.

Marginal note:Persons entitled to vote

 Subject to this Act, every person who is qualified as an elector is entitled to have his or her name included in the list of electors for the polling division in which he or she is ordinarily resident and to vote at the polling station for that polling division.

Marginal note:Only one vote

 No elector who has voted at an election may request a second ballot at that election.

Marginal note:Place of ordinary residence
  •  (1) The place of ordinary residence of a person is the place that has always been, or that has been adopted as, his or her dwelling place, and to which the person intends to return when away from it.

  • Marginal note:One place of residence only

    (2) A person can have only one place of ordinary residence and it cannot be lost until another is gained.

  • Marginal note:Temporary absence

    (3) Temporary absence from a place of ordinary residence does not cause a loss or change of place of ordinary residence.

  • Marginal note:Place of employment

    (4) If a person usually sleeps in one place and has their meals or is employed in another place, their place of ordinary residence is where they sleep.

  • Marginal note:Temporary residence

    (5) Temporary residential quarters are considered to be a person’s place of ordinary residence only if the person has no other place that they consider to be their residence.

  • Marginal note:Temporary residential quarters

    (6) A shelter, hostel or similar institution that provides food, lodging or other social services to a person who has no dwelling place is that person’s place of ordinary residence.

Marginal note:Interpretation of ordinary residence

 If the rules set out in section 8 are not sufficient to determine the place of ordinary residence, it shall be determined by the appropriate election officer by reference to all the facts of the case.

Marginal note:Members and persons living with members

 Each candidate at a general election who, on the day before the dissolution of Parliament immediately before the election, was a member, and any elector living with the candidate on that day who would move, or has moved, with the candidate to continue to live with the candidate, is entitled to have his or her name entered on the list of electors for, and to vote at the polling station that is established for, the polling division in which is located

  • (a) the place of ordinary residence of the former member;

  • (b) the place of temporary residence of the former member in the electoral district in which the former member is a candidate;

  • (c) the office of the returning officer for the electoral district in which the former member is a candidate; or

  • (d) the place in Ottawa or in the area surrounding Ottawa where the former member resides for the purpose of carrying out parliamentary duties.

Marginal note:Part 11

 Any of the following persons may vote in accordance with Part 11:

  • (a) a Canadian Forces elector;

  • (b) an elector who is an employee in the federal public administration or the public service of a province and who is posted outside Canada;

  • (c) a Canadian citizen who is employed by an international organization of which Canada is a member and to which Canada contributes and who is posted outside Canada;

  • (d) a person who has been absent from Canada for less than five consecutive years and who intends to return to Canada as a resident;

  • (e) an incarcerated elector within the meaning of that Part; and

  • (f) any other elector in Canada who wishes to vote in accordance with that Part.

  • 2000, c. 9, s. 11;
  • 2003, c. 22, s. 100.
Marginal note:Residence at by-election
  •  (1) No elector is entitled to vote at a by-election unless his or her place of ordinary residence on polling day is situated in the same electoral district that includes the polling division in which was situated the elector’s place of ordinary residence at the beginning of the revision period established by section 96.

  • Marginal note:Address change within electoral district

    (2) For the purpose of a by-election only and despite anything in this Act, an elector who, during the period between the beginning of the revision period and ending on polling day, has changed his or her place of ordinary residence from one polling division to another polling division in the same electoral district may register his or her name on the list of electors in the new polling division.

PART 2CHIEF ELECTORAL OFFICER AND STAFF

Chief Electoral Officer

Marginal note:Appointment and term of office
  •  (1) There shall be a Chief Electoral Officer who shall be appointed by resolution of the House of Commons to hold office during good behaviour for a term of 10 years. He or she may be removed for cause by the Governor General on address of the Senate and House of Commons.

  • Marginal note:No re-appointment

    (2) A person who has served as Chief Electoral Officer is not eligible for re-appointment to that office.

  • 2000, c. 9, s. 13;
  • 2014, c. 12, s. 3.
Marginal note:Appointment of substitute
  •  (1) In case of the death, incapacity or negligence of the Chief Electoral Officer while Parliament is not sitting, a substitute Chief Electoral Officer shall, on the application of the Minister, be appointed by order of the Chief Justice of Canada or, in the absence of the Chief Justice of Canada, by the senior judge of the Supreme Court of Canada then present in Ottawa.

  • Marginal note:Tenure of office of substitute

    (2) A substitute Chief Electoral Officer shall act as Chief Electoral Officer until 15 days after the beginning of the next session of Parliament unless the Chief Justice of Canada or the judge who made the order to appoint the substitute Chief Electoral Officer sooner directs that the order be revoked.

  • Marginal note:Absence of Chief Justice

    (3) In the absence of both the Chief Justice of Canada and of the judge who made the order to appoint the substitute Chief Electoral Officer, the order may be revoked by any other judge of the Supreme Court of Canada.

  • Marginal note:Remuneration of substitute

    (4) The substitute Chief Electoral Officer is entitled to be paid the remuneration fixed by the Governor in Council.

Marginal note:Rank, powers and duties
  •  (1) The Chief Electoral Officer shall rank as and have all the powers of a deputy head of a department, shall perform the duties of the office on a full-time basis and shall not hold any other office under Her Majesty or engage in any other employment.

  • Marginal note:Salary and expenses of Chief Electoral Officer

    (2) The Chief Electoral Officer shall be paid a salary equal to the salary of a judge of the Federal Court, other than the Chief Justice of that Court, and is entitled to be paid reasonable travel and living expenses while absent from his or her ordinary place of residence in the course of his or her duties.

  • Marginal note:Superannuation and compensation

    (3) The Chief Electoral Officer is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

  • Marginal note:Communication with Governor in Council

    (4) The Chief Electoral Officer shall communicate with the Governor in Council through the Minister for the purposes of this Act.

  • 2000, c. 9, s. 15;
  • 2002, c. 8, s. 116;
  • 2003, c. 22, s. 101(E).
Marginal note:Powers and duties of Chief Electoral Officer

 The Chief Electoral Officer shall

  • (a) exercise general direction and supervision over the conduct of elections;

  • (b) ensure that all election officers act with fairness and impartiality and in compliance with this Act;

  • (c) issue to election officers the instructions that the Chief Electoral Officer considers necessary for the administration of this Act; and

  • (d) exercise the powers and perform the duties and functions that are necessary for the administration of this Act.

Marginal note:Guidelines and interpretation notes
  •  (1) The Chief Electoral Officer shall, in accordance with this section, issue guidelines and interpretation notes on the application of this Act to registered parties, registered associations, nomination contestants, candidates and leadership contestants.

  • Marginal note:Application

    (2) The Chief Electoral Officer shall, in accordance with this section, on application by the chief agent of a registered party, issue a guideline or interpretation note on the application of a provision of this Act to registered parties, registered associations, nomination contestants, candidates and leadership contestants.

  • Marginal note:Consultations

    (3) Before issuing a guideline or interpretation note, the Chief Electoral Officer shall provide a copy of the proposed guideline or interpretation note to the Commissioner and to the members of the Advisory Committee of Political Parties established by subsection 21.1(1). The Commissioner and those members may provide their written comments to the Chief Electoral Officer within 15 days after the day on which the copy is sent.

  • Marginal note:Comments

    (4) The Chief Electoral Officer shall, in preparing the guideline or interpretation note, take into consideration any comments received under subsection (3).

  • Marginal note:Pre-publication

    (5) The Chief Electoral Officer shall publish on his or her Internet site for a period of 30 days the guideline or interpretation note as well as a notice stating that the guideline or interpretation note will be issued at the expiry of that period.

  • Marginal note:Pre-publication — additional requirement

    (6) In the case of an application made under subsection (2), the guideline or interpretation note and the notice shall be published under subsection (5) within 60 days after the day on which the application is made. However, if the 60-day period coincides or overlaps with the election period of a general election, they shall be published under subsection (5) no later than 60 days after polling day for that election.

  • Marginal note:Issuance

    (7) On the expiry of the period referred to in subsection (5), the Chief Electoral Officer shall issue the guideline or interpretation note by registering it in the registry referred to in section 16.4.

  • Marginal note:Nature of guidelines and interpretation notes

    (8) The guidelines and interpretation notes are issued for information purposes only. They are not binding on registered parties, registered associations, nomination contestants, candidates or leadership contestants.

  • 2014, c. 12, s. 5.
Marginal note:Application for written opinion
  •  (1) The Chief Electoral Officer shall, in accordance with this section, on application by the chief agent of a registered party, issue a written opinion on the application of any provision of this Act to an activity or practice that the registered party or a registered association, a nomination contestant, a candidate or a leadership contestant of the registered party proposes to engage in.

  • Marginal note:Consultations

    (2) Before issuing an opinion, the Chief Electoral Officer shall provide a copy of the proposed opinion to the Commissioner and to the members of the Advisory Committee of Political Parties established by subsection 21.1(1). The Commissioner and those members may provide their written comments to the Chief Electoral Officer within 15 days after the day on which the copy is sent.

  • Marginal note:Comments

    (3) The Chief Electoral Officer shall, in preparing the opinion, take into consideration any comments received under subsection (2).

  • Marginal note:Pre-publication

    (4) Within 60 days after the day on which the application is made, the Chief Electoral Officer shall publish on his or her Internet site for a period of 30 days the opinion as well as a notice stating that the opinion will be issued at the expiry of that period. However, if the 60-day period coincides or overlaps with the election period of a general election, the opinion and the notice shall be published no later than 60 days after polling day for that election.

  • Marginal note:Issuance

    (5) On the expiry of the 30-day period referred to in subsection (4), the Chief Electoral Officer shall issue the opinion by registering it in the registry referred to in section 16.4.

  • Marginal note:Opinion binding

    (6) If all the material facts have been submitted by an applicant for an opinion and they are accurate, the opinion issued by the Chief Electoral Officer under this section is binding on the Chief Electoral Officer and the Commissioner with respect to the activity or practice of the registered party, registered association, nomination contestant, candidate or leadership contestant in question. It remains binding for as long as the material facts on which it was based remain substantially unchanged and the activity or practice is carried out substantially as proposed.

  • Marginal note:Precedential value

    (7) An opinion issued by the Chief Electoral Officer under this section has precedential value for the Chief Electoral Officer and the Commissioner.

  • Marginal note:Contrary interpretation

    (8) The opinion remains binding in accordance with subsection (6), and has the precedential value referred to in subsection (7), for as long as a contrary interpretation has not been subsequently issued by means of a guideline or interpretation note issued under section 16.1 or an opinion issued under this section.

  • 2014, c. 12, s. 5.
Marginal note:New interpretation

 An interpretation of a provision of the Act in a guideline or interpretation note that is published under subsection 16.1(5) or in an opinion that is published under subsection 16.2(4) that contradicts an interpretation of that provision provided in a previously issued guideline, interpretation note or opinion does not replace the interpretation in that previously issued guideline, interpretation note or opinion until the date that the guideline or interpretation note is issued under section 16.1 or the opinion is issued under section 16.2.

  • 2014, c. 12, s. 5.
Marginal note:Registry

 The Chief Electoral Officer shall establish and maintain a registry on his or her Internet site that contains every guideline and interpretation note that is issued under section 16.1, every opinion that is issued under section 16.2 and all comments of the Commissioner that are provided under subsection 16.1(3) or 16.2(2).

  • 2014, c. 12, s. 5.
Marginal note:Power to disclose documents and information
  •  (1) The Chief Electoral Officer may disclose to the Commissioner any document or information that he or she has obtained under this Act and that he or she considers useful to the Commissioner in the exercise or performance of his or her powers, duties and functions under this Act.

  • Marginal note:Obligation to disclose documents and information

    (2) On the request of the Commissioner, the Chief Electoral Officer shall disclose to the Commissioner any document or information that the Chief Electoral Officer obtained under this Act and that the Commissioner considers necessary to the exercise or performance of his or her powers, duties and functions under this Act.

  • 2014, c. 12, s. 5.1.
Marginal note:Power to adapt Act
  •  (1) During an election period or within 30 days after it, if an emergency, an unusual or unforeseen circumstance or an error makes it necessary, the Chief Electoral Officer may, for the sole purpose of enabling electors to exercise their right to vote or enabling the counting of votes, adapt any provision of this Act and, in particular, may extend the time for doing any act, subject to subsection (2), or may increase the number of election officers or polling stations.

  • Marginal note:Limitation — power to adapt

    (2) The Chief Electoral Officer shall not extend the voting hours at an advance polling station or, subject to subsection (3), the voting hours on polling day.

  • Marginal note:Emergency — extending voting hours

    (3) If voting at a polling station is interrupted on polling day by an emergency and the Chief Electoral Officer is satisfied that, if the voting hours at the polling station are not extended, a substantial number of electors will not be able to vote, the Chief Electoral Officer shall extend the voting hours at the polling station for the period the Chief Electoral Officer considers necessary to give those electors a reasonable opportunity to vote, as long as the polling station does not in any case

    • (a) close later than midnight on polling day; or

    • (b) remain open during polling day for a total of more than 12 hours.

  • 2000, c. 9, s. 17;
  • 2007, c. 21, s. 2;
  • 2014, c. 12, s. 6.
Marginal note:Public education and information programs

 The Chief Electoral Officer may implement public education and information programs to make the electoral process better known to students at the primary and secondary levels.

  • 2014, c. 12, s. 7.
Marginal note:Advertising
  •  (1) The Chief Electoral Officer may transmit or cause to be transmitted advertising messages, both inside and outside Canada, to inform electors about the exercise of their democratic rights. Such advertising messages shall only address

    • (a) how to become a candidate;

    • (b) how an elector may have their name added to a list of electors and may have corrections made to information respecting the elector on the list;

    • (c) how an elector may vote under section 127 and the times, dates and locations for voting;

    • (d) how an elector may establish their identity and residence in order to vote, including the pieces of identification that they may use to that end; and

    • (e) the measures for assisting electors with a disability to access a polling station or advance polling station or to mark a ballot.

  • Marginal note:Clarification

    (1.1) For greater certainty, subsection (1) does not prevent the Chief Electoral Officer from transmitting or causing to be transmitted advertising messages for any other purpose relating to his or her mandate.

  • Marginal note:Communication with electors with disabilities

    (2) The Chief Electoral Officer shall ensure that any information provided under subsection (1) is accessible to electors with disabilities.

  • Marginal note:Unsolicited calls

    (3) The Chief Electoral Officer shall not provide information under this section by the use of calls, as defined in section 348.01, that are unsolicited.

  • 2000, c. 9, s. 18;
  • 2014, c. 12, s. 7.
Marginal note:International cooperation

 The Chief Electoral Officer may, at the Governor in Council’s request, provide assistance and cooperation in electoral matters to electoral agencies in other countries or to international organizations.

  • 2014, c. 12, s. 8.
Marginal note:Alternative voting process

 The Chief Electoral Officer may carry out studies on voting, including studies respecting alternative voting processes, and may devise and test an alternative voting process for future use in a general election or a by-election. Such a process may not be used for an official vote without the prior approval of the committees of the Senate and of the House of Commons that normally consider electoral matters or, in the case of an alternative electronic voting process, without the prior approval of the Senate and the House of Commons.

  • 2000, c. 9, s. 18.1;
  • 2001, c. 21, s. 2;
  • 2014, c. 12, s. 8.
Marginal note:Power to enter into contracts, etc.
  •  (1) The Chief Electoral Officer may enter into contracts, memoranda of understanding or other arrangements in the name of Her Majesty in right of Canada or in the Chief Electoral Officer’s name.

  • Marginal note:Leases

    (2) The Chief Electoral Officer may authorize a returning officer to enter into a lease in the Chief Electoral Officer’s name, subject to any terms and conditions that the Chief Electoral Officer specifies.

  • Marginal note:Contracts, etc., binding on Her Majesty

    (3) Every contract, memorandum of understanding and arrangement entered into in the Chief Electoral Officer’s name is binding on Her Majesty in right of Canada to the same extent as it is binding on the Chief Electoral Officer.

  • Marginal note:Goods and services

    (4) Despite section 9 of the Department of Public Works and Government Services Act, the Chief Electoral Officer may procure goods and services from outside the federal public administration.

  • 2014, c. 12, s. 8.
Marginal note:Signature

 A requirement under a provision of this Act for a signature may be satisfied in any manner that the Chief Electoral Officer authorizes.

  • 2014, c. 12, s. 9.

Assistant Chief Electoral Officer and Staff

Marginal note:Staff
  •  (1) The staff of the Chief Electoral Officer shall consist of an officer known as the Assistant Chief Electoral Officer, appointed by the Governor in Council, and any other officers, clerks and employees that may be required, who shall be appointed in accordance with the Public Service Employment Act.

  • Marginal note:Superannuation and compensation

    (2) The Assistant Chief Electoral Officer is deemed to be a person employed in the public service for the purposes of the Public Service Superannuation Act and is deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

  • 2000, c. 9, s. 19;
  • 2003, c. 22, s. 102(E).
Marginal note:Technical assistance
  •  (1) The Chief Electoral Officer may engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to the Chief Electoral Officer’s work to advise and assist him or her in the exercise or performance of his or her powers, duties and functions under this or any other Act of Parliament and, with the Treasury Board’s approval, may fix and pay those persons’ remuneration and expenses.

  • Marginal note:Casual and temporary staff

    (2) Any additional officers, clerks and employees that the Chief Electoral Officer considers necessary for the exercise or performance of his or her powers, duties and functions under this Act that are related to the preparation for, and the conduct of, an election may be employed on a casual or temporary basis in accordance with the Public Service Employment Act.

  • 2000, c. 9, s. 20;
  • 2014, c. 12, s. 10.
Marginal note:Delegation by Chief Electoral Officer

 The Chief Electoral Officer may authorize the Assistant Chief Electoral Officer or any other officer on his or her staff to perform any of the Chief Electoral Officer’s functions under this Act.

Advisory Committee of Political Parties

Marginal note:Establishment
  •  (1) A committee is established, to be known as the Advisory Committee of Political Parties, consisting of the Chief Electoral Officer and two representatives of each registered party appointed by the party’s leader.

  • Marginal note:Purpose

    (2) The purpose of the committee is to provide the Chief Electoral Officer with advice and recommendations relating to elections and political financing.

  • Marginal note:Advice and recommendations not binding

    (3) The committee’s advice and recommendations are not binding on the Chief Electoral Officer.

  • Marginal note:Meetings

    (4) The committee shall meet at least once a year and its meetings shall be presided over by the Chief Electoral Officer.

  • 2014, c. 12, s. 11.

PART 3ELECTION OFFICERS

General

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 perform duties under this Act;

    • (c.1) persons designated pursuant to subsection 28(3.1);

    • (d) revising agents appointed under paragraph 32(a);

    • (e) deputy returning officers appointed under paragraphs 32(b) and (c) and subsection 273(1);

    • (f) poll clerks appointed under paragraphs 32(b) and (c) and subsection 273(1);

    • (g) registration officers appointed under paragraph 32(d);

    • (g.1) persons appointed under section 32.1;

    • (h) information officers appointed under paragraph 124(1)(a);

    • (i) persons responsible for maintaining order at a central polling place appointed under paragraph 124(1)(b);

    • (j) central poll supervisors appointed under subsection 124(2);

    • (k) persons appointed under subsection 290(2) to collect ballot boxes;

    • (l) the special voting rules administrator appointed under section 181;

    • (m) special ballot officers appointed under subsection 183(1) or section 184;

    • (n) liaison officers for correctional institutions appointed under subsection 248(1); and

    • (o) deputy returning officers and poll clerks for correctional institutions appointed under subsection 253(1).

  • 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, the Referendum Act or any 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 any of paragraphs (1)(a), (b), (d) to (g) and (j) must reside in the electoral district in which he or she is to perform duties under this Act.

  • Marginal note:Exception

    (5) In the case of an appointment that is to be made by a returning officer, if he or she is unable to appoint an election officer who meets the requirements set out in subsection (4), he or she may, with the approval of the Chief Electoral Officer, appoint

    • (a) a Canadian citizen who is 16 years of age or older and who resides in the electoral district; or

    • (b) a person who is qualified as an elector but does not live in the electoral district.

  • 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.
Marginal note:Oath
  •  (1) Before assuming duties, an election officer shall swear an oath in writing, in the prescribed form, to perform the duties of the office in an impartial manner.

  • Marginal note:Prohibition

    (2) No election officer shall communicate information obtained in the course of performing his or her duties under this Act, other than for a purpose related to the performance of those duties.

  • Marginal note:Sending of oaths

    (3) The returning officer shall send the documents containing the oaths of the returning officer and assistant returning officer without delay to the Chief Electoral Officer.

Marginal note:Unsolicited calls

 An election officer shall not communicate with the public by the use of calls, as defined in section 348.01, that are unsolicited.

  • 2014, c. 12, s. 13.

Field Liaison Officers

Marginal note:Appointment of field liaison officers
  •  (1) The Chief Electoral Officer may appoint a field liaison officer in respect of a given geographical area in accordance with the process established under subsection (2) and may remove him or her only in accordance with the procedure established under that subsection.

  • Marginal note:Qualifications

    (2) The Chief Electoral Officer shall prescribe the qualifications for the appointment of persons as field liaison officers and shall establish for field liaison officers an external appointment process as defined in subsection 2(1) of the Public Service Employment Act on the basis of merit and a fair procedure for their removal on the grounds set out in subsection (9).

  • Marginal note:Meaning of merit

    (3) The appointment of a person as a field liaison officer is made on the basis of merit if the Chief Electoral Officer is satisfied that the person meets the essential qualifications for the work to be performed and has regard to

    • (a) any additional qualifications that the Chief Electoral Officer considers to be an asset for the work to be performed; and

    • (b) any current or future operational requirements.

  • Marginal note:Period of appointment

    (4) A field liaison officer shall be appointed for the period determined by the Chief Electoral Officer.

  • Marginal note:Re-appointment

    (5) The Chief Electoral Officer may re-appoint any field liaison officer who has performed the functions of a field liaison officer in a satisfactory manner, regardless of whether or not other persons are considered for the appointment.

  • Marginal note:Continuation in office

    (6) A field liaison officer may, with the Chief Electoral Officer’s approval, continue in office after the expiry of the period referred to in subsection (4) until the field liaison officer is re-appointed or another person is appointed to the office.

  • Marginal note:Responsibilities

    (7) A field liaison officer is responsible, under the Chief Electoral Officer’s general direction, in respect of the geographical area to which they are assigned, for

    • (a) providing support to returning officers;

    • (b) acting as an intermediary between the returning officers and the Office of the Chief Electoral Officer; and

    • (c) on the Chief Electoral Officer’s request, providing support in relation to the appointment of returning officers.

  • Marginal note:No partisan conduct

    (8) No field liaison officer shall knowingly engage in politically partisan conduct and in particular shall not make a contribution to a nomination contestant, a candidate or a leadership 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 an electoral district association.

  • Marginal note:Removal from office

    (9) The Chief Electoral Officer may remove from office any field liaison officer who

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

    • (b) fails to discharge competently a field liaison officer’s duties and functions under this Act or to comply with an instruction of the Chief Electoral Officer issued under paragraph 16(c); or

    • (c) contravenes subsection (8), whether or not the contravention occurs in the performance of their duties and functions under this Act.

  • 2014, c. 12, s. 13.

Returning Officers and Assistant Returning Officers

Marginal note:Appointment of returning officers
  •  (1) The Chief Electoral Officer shall appoint a returning officer for each electoral district in accordance with the process established under subsection (1.1) and may only remove him or her in accordance with the procedure established under that subsection.

  • Marginal note:Qualifications

    (1.1) The Chief Electoral Officer shall prescribe the qualifications for the appointment of persons as returning officers, and shall establish for returning officers an external appointment process within the meaning of subsection 2(1) of the Public Service Employment Act on the basis of merit and a fair procedure for their removal on the grounds set out in subsection (7).

  • Marginal note:Meaning of merit

    (1.2) The appointment of a person as a returning officer is made on the basis of merit if the Chief Electoral Officer is satisfied that the person meets the essential qualifications for the work to be performed and has regard to

    • (a) any additional qualifications that the Chief Electoral Officer considers to be an asset for the work to be performed; and

    • (b) any current or future operational requirements.

  • Marginal note:Term of office

    (1.3) A returning officer shall be appointed for a term of ten years.

  • Marginal note:New term

    (1.4) The Chief Electoral Officer may, after consultation with the leader of every recognized political party in the House of Commons, appoint for a new term any returning officer who has performed the functions of a returning officer in a satisfactory manner, whether or not other persons are considered for the appointment, if the office of returning officer is vacant by reason of

    • (a) the expiry of the returning officer’s term of office; or

    • (b) the revision of the boundaries of the electoral district as a result of a representation order made under section 25 of the Electoral Boundaries Readjustment Act.

  • Marginal note:Continuation in office

    (1.5) A returning officer may, with the approval of the Chief Electoral Officer, continue in office after his or her term expires until he or she is reappointed or until another person is appointed to the office.

  • 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 returning officer does not become vacant unless the returning officer dies, resigns, is removed from office, reaches the end of his or her term of office or ceases to reside in the electoral district, or unless the boundaries of the 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 nomination contestant, a candidate or a leadership 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 an electoral district association.

  • Marginal note:Removal from office

    (7) The Chief Electoral Officer 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.

  • Marginal note:Temporary suspension

    (8) During an election period, the Chief Electoral Officer may temporarily suspend from office a returning officer for any grounds set out in subsection (7).

  • Marginal note:Duration of suspension

    (9) The period of suspension expires on the day that is 120 days after the end of the election period, or at the end of any shorter period that the Chief Electoral Officer considers appropriate. However, if a procedure is commenced — either before or during the period of suspension — that could lead to the returning officer’s removal, the period of suspension expires on the day on which the Chief Electoral Officer makes his or her final decision in that regard.

  • 2000, c. 9, s. 24;
  • 2003, c. 19, s. 2;
  • 2006, c. 9, s. 174;
  • 2011, c. 26, s. 13;
  • 2014, c. 12, s. 14.
Marginal note:List in Canada Gazette

 Between the 1st and 20th days of January in each year, the Chief Electoral Officer shall publish a list in the Canada Gazette of the name, address and occupation of the returning officer for each electoral district in Canada.

  • 2000, c. 9, s. 25;
  • 2006, c. 9, s. 175.
Marginal note:Assistant returning officer
  •  (1) A returning officer shall, without delay after being appointed, appoint in writing an assistant returning officer, who shall hold office at pleasure and send the appointment in writing to the Chief Electoral Officer.

  • Marginal note:Restriction on appointment

    (2) A returning officer shall not appoint his or her spouse, common-law partner, child, mother, father, brother, sister, the child of his or her spouse or common-law partner, or a person who lives with him or her as an assistant returning officer.

  • 2000, c. 9, s. 26, c. 12, s. 40.
Marginal note:Delegation
  •  (1) The returning officer for an electoral district may, with the Chief Electoral Officer’s prior approval, authorize any person acting under his or her direction to perform any of the duties or functions of a returning officer under this Act, except those described in subsection 24(3), sections 62, 63 and 67, subsections 71(1) and 72(1), sections 74, 77, 103, 104, 130, 293 to 298 and 300, subsection 301(6) and sections 313 to 316.

  • Marginal note:Authorization in writing

    (2) An authorization under subsection (1) shall be signed and dated by the returning officer.

  • 2000, c. 9, s. 27;
  • 2014, c. 12, s. 15.
Marginal note:Notification if returning officer incapacitated
  •  (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

    (3.01) If a returning officer is under suspension during an election 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, perform the duties and functions of a returning officer in relation to that election.

  • Marginal note:Designated person to act

    (3.1) If a returning officer and an assistant returning officer are both absent or unable to act or if both their offices are vacant during an election period, 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, 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.

  • 2000, c. 9, s. 28;
  • 2006, c. 9, s. 176;
  • 2014, c. 12, s. 16.
Marginal note:Duties of returning officer
  •  (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 who appointed him or her shall without delay appoint a substitute.

  • 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 who appointed him or her or, if the office of returning officer is vacant, to the Chief Electoral Officer.

Marginal note:Additional assistant returning officer
  •  (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) may not perform the functions described in subsections 28(1), 60(2), 70(1) and 293(1).

Marginal note:Prohibition — acting in another capacity

 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

General

Marginal note:Election officers

 After the issue of the writ, a returning officer shall appoint the following election officers in the prescribed form:

  • (a) the revising agents that the returning officer considers necessary, provided that the Chief Electoral Officer approves of their number;

  • (b) one deputy returning officer and one poll clerk for each advance polling station in the electoral district;

  • (c) one deputy returning officer and one poll clerk for each polling station in the electoral district; and

  • (d) a registration officer for each registration desk.

  • 2000, c. 9, s. 32;
  • 2001, c. 21, s. 3(E).
Marginal note:Additional election officers

 After the issue of the writ, a returning officer may, with the Chief Electoral Officer’s approval, in the prescribed form, appoint any other person whose attendance is, in the returning officer’s opinion, necessary for the conduct of the vote or the counting of the votes at a polling station or an advance polling station, and may assign to that person any duties or functions that the returning officer considers to be appropriate.

  • 2014, c. 12, s. 17.

Revising Agents

Marginal note:Solicitation of names
  •  (1) Before appointing revising agents, a returning officer shall solicit names of suitable persons from the registered parties whose candidates finished first and second in the last election in the electoral district and, if sufficient names are not provided by those parties within three days after receipt of the request, the returning officer may solicit names from any other source.

  • Marginal note:Equal distribution

    (2) A returning officer shall appoint half of the revising agents from among the persons recommended by the registered party whose candidate finished first in the last election in the electoral district, and half from among the persons recommended by the registered party whose candidate finished second in that election.

  • Marginal note:Revising agents to work in pairs

    (3) A returning officer shall appoint revising agents to work in pairs and each pair shall consist, as far as possible, of persons recommended by different registered parties.

  • Marginal note:Replacement

    (4) A returning officer may replace a revising agent at any time and the former revising agent shall return all election materials in his or her possession to the returning officer.

  • Marginal note:Lists of revising agents

    (5) Each returning officer shall make available to each candidate a list of the revising agents for the electoral district, on completion of the list.

  • Marginal note:Identification

    (6) Each revising agent shall, while performing his or her functions, wear or carry the identification that is supplied by the Chief Electoral Officer and shall show it on request.

Deputy Returning Officers and Poll Clerks

Marginal note:Deputy returning officers
  •  (1) Each deputy returning officer referred to in paragraph 32(b) or (c) shall be appointed from lists of names of suitable persons provided by the candidate of the registered party whose candidate finished first in the electoral district in the last election or by the registered association of that registered party or, if there is no registered association, by that registered party.

  • Marginal note:Replacing deputies

    (2) A returning officer may, at any time, remove a deputy returning officer.

  • 2000, c. 9, s. 34;
  • 2014, c. 12, s. 18.
Marginal note:Poll clerks
  •  (1) Each poll clerk referred to in paragraph 32(b) or (c) shall be appointed from lists of names of suitable persons provided by the candidate of the registered party whose candidate finished second in the electoral district in the last election or by the registered association of that registered party or, if there is no registered association, by that registered party.

  • Marginal note:Replacing poll clerks

    (2) A returning officer may, at any time, remove a poll clerk.

  • 2000, c. 9, s. 35;
  • 2014, c. 12, s. 19.
Marginal note:Appointment

 A returning officer shall proceed to appoint deputy returning officers and poll clerks from other sources if, by the 24th day before polling day, none of the candidate, the registered association and the registered party has made a recommendation or all three have not, as a group, recommended a sufficient number of suitable persons.

  • 2000, c. 9, s. 36;
  • 2014, c. 12, s. 20.
Marginal note:Refusal to appoint
  •  (1) A returning officer may, on reasonable grounds, refuse to appoint a deputy returning officer or a poll clerk recommended by a candidate, a registered association or a registered party and shall immediately advise the candidate, registered association or registered party of the refusal.

  • Marginal note:Recommendation of another person

    (2) If as a result of the refusal a position is not filled, the candidate, registered association or registered party may, within 24 hours after being advised of the refusal, recommend another person and, if no one is recommended, the returning officer shall proceed to appoint another person whose name is solicited from another source.

  • 2000, c. 9, s. 37;
  • 2014, c. 12, s. 20.
Marginal note:Replacement for deputy returning officer
  •  (1) When the office of deputy returning officer is vacant or if the deputy returning officer is unable or unwilling to act, and the returning officer has not appointed a replacement, the poll clerk shall act as deputy returning officer without taking another oath.

  • Marginal note:Another poll clerk appointed

    (2) When a poll clerk acts as deputy returning officer, the poll clerk shall, in the prescribed form, appoint a person to act as poll clerk.

Registration Officers

Marginal note:Registration desks
  •  (1) The returning officer shall establish one or more registration desks in accordance with the instructions of the Chief Electoral Officer.

  • Marginal note:Appointment of registration officers

    (2) The returning officer shall appoint, for each registration desk, a registration officer to receive, on polling day, the applications for registration of electors whose names are not on the list of electors.

  • Marginal note:Solicitation of names

    (3) Before appointing registration officers, the returning officer shall solicit names of suitable persons from the candidates of the registered parties whose candidates finished first and second in the last election in the electoral district or from registered associations of those registered parties or, if there are no registered associations, from those registered parties. If, by the 24th day before polling day, a sufficient number of names of suitable persons is not provided by those candidates, registered associations or registered parties, the returning officer may solicit names from other sources.

  • Marginal note:Equal distribution of appointments

    (4) The returning officer shall, as far as possible,

    • (a) appoint half of the registration officers from among the persons recommended under subsection (3) by the candidate of the registered party whose candidate finished first in the last election in the electoral district or by the registered association of that registered party or, if there is no registered association, by that registered party; and

    • (b) appoint half of the registration officers from among the persons recommended under subsection (3) by the candidate of the registered party whose candidate finished second in the last election in the electoral district or by the registered association of that registered party or, if there is no registered association, by that registered party.

    If the candidate, registered association and registered party do not, as a group, provide a sufficient number of names of suitable persons, the registered party’s remaining share of the appointments shall be made from among the names solicited by the returning officer from other sources.

  • 2000, c. 9, s. 39;
  • 2014, c. 12, s. 21.

Equality of Votes

Marginal note:List of names to be provided

 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
  •  (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.

  • Marginal note:Special case

    (2) If the Chief Electoral Officer cannot transpose the results from the previous general election to a portion of the new electoral district because no candidate was returned in respect of that portion due to an equality of votes, the Chief Electoral Officer shall transpose the results from the by-election that was subsequently held under subsection 29(1.1) of the Parliament of Canada Act in respect of that portion.

  • Marginal note:Exception

    (3) If, in a case to which subsection (2) applies, a general election is held before the by-election, 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 in respect of that general election are the same registered parties as those that had that right for the purposes of the election that resulted in the equality of votes.

  • 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), (2) or (3), he or she shall notify those registered parties without delay of that right.

  • 2000, c. 9, s. 41;
  • 2014, c. 12, s. 22.

Merger of Registered Parties

Marginal note:Attribution of votes for appointments

 For the purposes of subsections 33(1) and (2), 34(1), 35(1) and 39(3) and (4) and section 41, in determining whether the candidate of a registered party finished first or second in the last election in a case where the registered party is the result of a merger with two or more parties that were registered parties at that election, there shall be attributed to the candidate of the merged party the number of votes of the candidate of the merging party with the largest number of votes at that election.

Prohibitions

Marginal note:Prohibitions

 No person shall

  • (a) wilfully obstruct an election officer in the performance of his or her duties;

  • (b) without authority, use identification simulating that used by a revising agent or intended to replace that prescribed by the Chief Electoral Officer for that purpose; or

  • (c) having been replaced as an election officer, fail to give to their replacement or to an authorized person any election documents or other election materials that the person has received or prepared in the performance of his or her duties.

Marginal note:Right of access
  •  (1) No person who is in control of an apartment building, condominium building or other multiple-residence building or a gated community may prevent an election officer or a member of the staff of a returning officer from obtaining access to the building or gated community, as the case may be, between 9:00 a.m. and 9:00 p.m., to perform his or her duties under this Act.

  • Marginal note:Exception

    (2) Subsection (1) does not apply in respect of a person who is in control of a multiple-residence building whose residents’ physical or emotional well-being may be harmed as a result of permitting the activities referred to in that subsection.

  • 2007, c. 21, s. 3.

PART 4REGISTER OF ELECTORS

Maintenance and Communication of Register

Marginal note:Register of Electors
  •  (1) The Chief Electoral Officer shall maintain a register of Canadians who are qualified as electors, to be known as the Register of Electors.

  • Marginal note:Contents of Register

    (2) The Register of Electors shall contain, for each elector who is included in it, his or her surname, given names, sex, date of birth, civic address, mailing address and any other information that is provided under subsections 49(2), 194(7), 195(7), 223(2), 233(2) and 251(3).

  • Marginal note:Identifier

    (2.1) The Register of Electors must also contain, for each elector, a unique, randomly generated identifier that is assigned by the Chief Electoral Officer.

  • Marginal note:Inclusion optional

    (3) Inclusion in the Register of Electors is at the option of the elector.

  • 2000, c. 9, s. 44;
  • 2001, c. 21, s. 4;
  • 2007, c. 21, s. 4.
Marginal note:Members and registered parties
  •  (1) By November 15 in each year, the Chief Electoral Officer shall send to the member for each electoral district and, on request, to each registered party that endorsed a candidate in the electoral district in the last election, a copy in electronic form — taken from the Register of Electors — of the lists of electors for the electoral district.

  • Marginal note:Contents of lists of electors

    (2) The lists of electors shall set out each elector’s surname, given names, civic address and mailing address, and the identifier that is assigned to the elector by the Chief Electoral Officer and shall be arranged in the form established by the Chief Electoral Officer according to the civic addresses of the electors or, if that is not appropriate, in alphabetical order by their surnames.

  • Marginal note:Exception

    (3) This section does not apply if November 15 falls during an election period or if the vote at a general election was held during the six months before that date.

  • Marginal note:Merger of parties

    (4) For the purpose of subsection (1), a registered party that is the result of a merger of two or more registered parties is deemed to have endorsed a candidate in the last election if one of the merging parties so endorsed a candidate.

  • 2000, c. 9, s. 45;
  • 2007, c. 21, s. 5.

Updating the Register

Marginal note:Sources of information
  •  (1) The Register of Electors shall be updated from

    • (a) information

      • (i) that electors have given the Chief Electoral Officer, or

      • (ii) that is held by a federal department or body and that electors have expressly authorized to be given to the Chief Electoral Officer; and

    • (b) information that the Chief Electoral Officer considers reliable and necessary for updating the surname, given names, sex, date of birth, civic address and mailing address of electors included in the Register of Electors and that

      • (i) is held under an Act of the legislature of a province mentioned in Schedule 2, or

      • (ii) comes from any other source mentioned in Schedule 2.

  • Marginal note:Retention of certain information

    (1.1) The Chief Electoral Officer may retain information collected under paragraph (1)(b), but not included in the Register of Electors, for the purpose of correlating information subsequently collected with information already contained in the Register of Electors.

  • Marginal note:Amendments to Schedule 2

    (2) The Chief Electoral Officer may at any time amend Schedule 2 by adding, changing or deleting the name of an Act of the legislature of a province or of any other source of information, but no such amendment comes into force until notice of it is published in the Canada Gazette.

  • 2000, c. 9, s. 46;
  • 2007, c. 21, s. 6.
Marginal note:Citizenship information

 For the purpose of assisting the Chief Electoral Officer in updating the Register of Electors, the Minister of National Revenue may, on a return of income referred to in subsection 150(1) of the Income Tax Act, request that an individual who is filing a return of income under paragraph 150(1)(d) of that Act indicate in the return whether he or she is a Canadian citizen.

  • 2007, c. 21, s. 7.
Marginal note:Information in respect of deceased individuals

 For the purpose of updating the Register of Electors, the Minister of National Revenue shall, at the request of the Chief Electoral Officer, provide the name, date of birth and address of any individual to whom paragraph 150(1)(b) of the Income Tax Act applies if that individual has, in his or her last return of income filed under paragraph 150(1)(d) of that Act, authorized that Minister to provide his or her name, date of birth and address to the Chief Electoral Officer for the Register of Electors.

  • 2007, c. 21, s. 7.
Marginal note:Duty of returning officer

 During the election period, each returning officer shall update the Register of Electors from the information that he or she obtains under this Act, other than information in relation to an elector with respect to whom an application has been granted under subsection 233(1.1).

Marginal note:Other duties

 Between election periods, a returning officer shall perform any duties related to the updating of the Register of Electors that are requested by the Chief Electoral Officer.

  • 2007, c. 21, s. 8.
Marginal note:New electors
  •  (1) The Chief Electoral Officer shall, before including a new elector in the Register of Electors, send the elector the Chief Electoral Officer’s information relating to him or her and ask if he or she wishes to be included in the Register of Electors.

  • Marginal note:Obligation of elector

    (2) A new elector who wishes to be included in the Register of Electors shall confirm, correct or complete the information, in writing, and give it to the Chief Electoral Officer along with a signed certification that he or she is qualified as an elector under section 3.

  • Marginal note:Exceptions

    (3) This section does not apply in respect of the inclusion of a new elector

    • (a) at the elector’s request; or

    • (b) based on lists of electors established under provincial law, if those lists contain the information that the Chief Electoral Officer considers sufficient for the inclusion of the elector.

Marginal note:Listing requests
  •  (1) Any person may at any time request the Chief Electoral Officer to include him or her in the Register of Electors, by providing

    • (a) a signed certification that he or she is qualified as an elector;

    • (b) his or her surname, given names, sex, date of birth, civic address and mailing address; and

    • (c) satisfactory proof of identity.

  • Marginal note:Optional information

    (2) In addition to the information referred to in subsection (1), the Chief Electoral Officer may invite the elector to give any other information that the Chief Electoral Officer considers necessary to implement any agreements entered into under section 55, but the elector is not required to do so.

Marginal note:Corrections

 An elector may give the Chief Electoral Officer changes to the information in the Register of Electors relating to the elector, and the Chief Electoral Officer shall make the necessary corrections to the Register of Electors.

Marginal note:Verification

 The Chief Electoral Officer may at any time

  • (a) contact an elector to verify the Chief Electoral Officer’s information relating to him or her; and

  • (b) request the elector to confirm, correct or complete the information within 60 days after receiving the request.

Marginal note:Deletion of names
  •  (1) The Chief Electoral Officer shall delete from the Register of Electors the name of any person who

    • (a) is dead;

    • (b) is not an elector; or

    • (c) requests in writing to have his or her name deleted;

    • (d) is under a court-ordered protective regime, including guardianship, tutorship or curatorship, and whose authorized representative under the regime requests in writing that the person’s name be deleted.

  • Marginal note:Conditions

    (1.1) A person’s name may be deleted under paragraph (1)(d) only if the authorized representative has provided the Chief Electoral Officer with a copy of the court order and satisfactory proof of that representative’s identity.

  • Marginal note:Deletion of name — discretionary

    (2) The Chief Electoral Officer may delete from the Register of Electors the name of any person who fails to comply with a request referred to in paragraph 51(b) within the 60 days.

  • 2000, c. 9, s. 52;
  • 2014, c. 12, s. 23.
Marginal note:Restrictions

 If an elector so requests the Chief Electoral Officer in writing, information in the Register of Electors relating to that elector shall be used only for federal electoral or referendum purposes.

Marginal note:Access to personal information

 At the written request of an elector, the Chief Electoral Officer shall send the elector all the information in the Chief Electoral Officer’s possession relating to him or her.

Agreements on Giving Information

Marginal note:Provincial bodies
  •  (1) The Chief Electoral Officer may enter into an agreement with any body responsible under provincial law for establishing a list of electors, governing the giving of information contained in the Register of Electors, or the giving of information referred to in subsection 44(2) or (2.1) that the Chief Electoral Officer intends to include in the Register of Electors, if that information is needed for establishing such a list.

  • Marginal note:Conditions

    (2) The Chief Electoral Officer shall include in the agreement conditions regarding the use and protection of personal information given under the agreement.

  • (3) [Repealed, 2007, c. 21, s. 9]

  • Marginal note:Valuable consideration

    (4) An agreement mentioned in subsection (1) may require valuable consideration to be provided in exchange for the information given.

  • 2000, c. 9, s. 55;
  • 2007, c. 21, s. 9.

Prohibitions

Marginal note:Prohibitions

 No person shall

  • (a) knowingly make a false or misleading statement, orally or in writing, relating to their qualification as an elector or relating to any other information referred to in section 49;

  • (b) knowingly make a false or misleading statement, orally or in writing, relating to another person’s qualification as an elector, to the surname, given names, sex, civic address or mailing address of that person, or to the identifier assigned to that person by the Chief Electoral Officer, for the purpose of having that person’s name deleted from the Register of Electors;

  • (c) request the listing in the Register of Electors of the name of a person who is not qualified as an elector, knowing that the person is not so qualified;

  • (d) wilfully apply to have included in the Register of Electors the name of an animal or thing;

  • (e) knowingly use personal information that is obtained from the Register of Electors except as follows:

    • (i) to enable registered parties, members or candidates to communicate with electors in accordance with section 110,

    • (ii) for the purpose of a federal election or referendum, or

    • (iii) in accordance with the conditions included in an agreement made under section 55, in the case of information that is transmitted in accordance with the agreement; or

  • (f) knowingly use other personal information that is transmitted in accordance with an agreement made under section 55 except in accordance with the conditions included in the agreement.

  • 2000, c. 9, s. 56;
  • 2007, c. 21, s. 10.

PART 5CONDUCT OF AN ELECTION

Date of General Election

Marginal note:Powers of Governor General preserved
  •  (1) Nothing in this section affects the powers of the Governor General, including the power to dissolve Parliament at the Governor General’s discretion.

  • Marginal note:Election dates

    (2) Subject to subsection (1), each general election must be held on the third Monday of October in the fourth calendar year following polling day for the last general election, with the first general election after this section comes into force being held on Monday, October 19, 2009.

  • 2007, c. 10, s. 1.
Marginal note:Alternate day
  •  (1) If the Chief Electoral Officer is of the opinion that a Monday that would otherwise be polling day under subsection 56.1(2) is not suitable for that purpose, including by reason of its being in conflict with a day of cultural or religious significance or a provincial or municipal election, the Chief Electoral Officer may choose another day in accordance with subsection (4) and shall recommend to the Governor in Council that polling day be that other day.

  • Marginal note:Publication of recommendation

    (2) If the Chief Electoral Officer recommends an alternate day for a general election in accordance with subsection (1), he or she shall without delay publish in the Canada Gazette notice of the day recommended.

  • Marginal note:Making and publication of order

    (3) If the Governor in Council accepts the recommendation, the Governor in Council shall make an order to that effect. The order must be published without delay in the Canada Gazette.

  • Marginal note:Limitation

    (4) The alternate day must be either the Tuesday immediately following the Monday that would otherwise be polling day or the Monday of the following week.

  • Marginal note:Timing of proclamation

    (5) An order under subsection (3) shall not be made after August 1 in the year in which the general election is to be held.

  • 2007, c. 10, s. 1.

Writs of Election

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) and section 56.2, polling day shall be on a Monday.

  • Marginal note:Exception

    (4) In the case of a general election that is not held on a day set in accordance with subsection 56.1(2) or section 56.2, 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 a Tuesday

    (5) If the day fixed for the vote is a Tuesday because of subsection (4) or section 56.2, 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;
  • 2007, c. 10, s. 2.
Marginal note:Writs forwarded to returning officer

 The Chief Electoral Officer shall issue a writ in Form 1 of Schedule 1 to the returning officer for the electoral district in which the election is to be held without delay after the proclamation is issued or the order is made under section 57.

  • 2000, c. 9, s. 58;
  • 2001, c. 21, s. 6;
  • 2007, c. 10, s. 3.
Marginal note:Withdrawal of writ
  •  (1) The Governor in Council may order the withdrawal of a writ for any electoral district for which the Chief Electoral Officer certifies that by reason of a flood, fire or other disaster it is impracticable to carry out the provisions of this Act.

  • Marginal note:Duties of Chief Electoral Officer

    (2) If the Governor in Council orders the withdrawal of a writ, the Chief Electoral Officer shall publish a notice of the withdrawal in the Canada Gazette and issue a new writ ordering an election within three months after publication of the notice.

  • Marginal note:Polling day

    (3) The day named in the new writ for polling day may not be later than three months after the issue of the new writ.

Marginal note:Returning officer to open and maintain an office
  •  (1) Every returning officer shall, without delay after receiving the writ or notice by the Chief Electoral Officer of the issue of the writ, open an office in premises with level access in a convenient place in the electoral district and shall maintain the office throughout the election period.

  • Marginal note:Hours

    (2) The Chief Electoral Officer may fix the hours that the office must be open and the minimum number of hours of compulsory attendance at it by the returning officer and the assistant returning officer.

Marginal note:Appointment of staff
  •  (1) The Chief Electoral Officer may authorize returning officers to appoint the staff that they consider necessary for the purposes of this Act.

  • Marginal note:Employment of staff

    (2) Staff mentioned in subsection (1) shall

    • (a) be appointed in the prescribed form;

    • (b) take the prescribed oath; and

    • (c) be discharged as soon as their services are no longer needed.

Notice of Election by Returning Officer

Marginal note:Notice of election

 Within four days after the issue of the writ, each returning officer shall sign and issue a Notice of Election in Form 2 of Schedule 1 that indicates

  • (a) the deadline for the receipt of nominations;

  • (b) the date for polling day;

  • (c) the date and time, not later than seven days after polling day, for the validation of results; and

  • (d) the address of the returning officer’s office.

Return by Acclamation

Marginal note:Return by acclamation
  •  (1) When, as of 2:00 p.m. on the 19th day before polling day, the returning officer has confirmed a nomination for only one candidate, the returning officer shall

    • (a) without delay declare the candidate elected by endorsing the return of the writ in the prescribed form on the back of the writ and returning it to the Chief Electoral Officer; and

    • (b) within 48 hours after the return of the writ, send a certified copy of it to the elected candidate.

  • Marginal note:Report with return

    (2) When the returning officer returns the writ to the Chief Electoral Officer, the returning officer shall include with it a report of the proceedings during the election period, including any nomination proposed and rejected for non-compliance with this Act.

Holding of an Election

Marginal note:Holding of election
  •  (1) If the nomination of more than one candidate is confirmed in an electoral district, an election shall be held.

  • Marginal note:Notice of grant of a poll

    (2) The returning officer shall, within five days after the closing day for nominations, if more than one candidate is nominated, post in the returning office a notice of grant of a poll in the prescribed form that indicates

    • (a) the name and political affiliation, if any, of each candidate, as stated in the nomination papers, in the order in which their names are to be placed on the ballots;

    • (b) the name of the official agent for each candidate, as stated in the nomination papers; and

    • (c) the name, if any, and the number of each of the polling divisions and the addresses of the polling stations in that electoral district.

  • Marginal note:Notice to be posted in polling station

    (3) The returning officer shall send one copy of the notice of grant of a poll to each deputy returning officer or central poll supervisor, as the case may be, and the officer or supervisor shall post the notice in his or her polling place.

  • Marginal note:Documents to candidates

    (4) The returning officer shall send to each candidate, on the later of the 31st day before polling day and the day on which the candidate’s nomination is confirmed, up to 10 copies of a document that sets out a description of the boundaries of the polling divisions in the electoral district.

  • 2000, c. 9, s. 64;
  • 2014, c. 12, s. 24.

PART 6CANDIDATES

Qualifications

Marginal note:Ineligible candidates

 The following persons are not eligible to be a candidate:

  • (a) a person who is not qualified as an elector on the date on which his or her nomination paper is filed;

  • (b) a person who is disentitled under paragraph 502(3)(a) while they are so disentitled;

  • (c) a member of the legislative assembly of a province;

  • (d) a sheriff, clerk of the peace or county Crown Attorney in any of the provinces;

  • (e) a person who is not entitled under section 4 to vote;

  • (f) a judge appointed by the Governor in Council, other than a citizenship judge appointed under the Citizenship Act;

  • (g) a person who is imprisoned in a correctional institution;

  • (h) an election officer; and

  • (i) a person who was a candidate in a previous election and for whom a return, report, document or declaration has not been provided under subsection 477.59(1), if the time and any extension for providing it have expired.

  • 2000, c. 9, s. 65;
  • 2002, c. 7, s. 92;
  • 2014, c. 2, s. 49, c. 12, s. 25.

Nomination of Candidates

Marginal note:Manner of nomination
  •  (1) A nomination paper shall be in the prescribed form and include

    • (a) a statement under oath by the prospective candidate of

      • (i) his or her name, address and occupation,

      • (ii) the address designated by the prospective candidate for service of documents under this Act,

      • (iii) the name and address of the prospective candidate’s official agent,

      • (iv) the name, address and occupation of the prospective candidate’s auditor appointed under subsection 477.1(2), and

      • (v) the name of the political party that has endorsed the prospective candidate or, if none, the prospective candidate’s choice to either have the word “independent” or no designation of political affiliation under his or her name in election documents;

    • (b) a statement by the prospective candidate, consenting to the nomination, signed and sworn in the presence of a witness who is an elector but is not the person who administers the oath;

    • (c) the signature of the witness referred to in paragraph (b);

    • (d) a statement signed by the official agent consenting to act in that capacity;

    • (e) for any electoral district except one listed in Schedule 3, the names, addresses and signatures, made in the presence of a witness, of at least 100 electors resident in the electoral district;

    • (f) for an electoral district listed in Schedule 3, the names, addresses and signatures, made in the presence of a witness, of at least 50 electors resident in the electoral district; and

    • (g) the name, address and signature of the witness to each signature made under paragraph (e) or (f).

  • Marginal note:Particulars of candidates

    (2) For the purpose of subparagraph (1)(a)(i),

    • (a) the name shall not include any title, degree or other prefix or suffix;

    • (b) one or more of the given names may be replaced by a nickname by which the prospective candidate is publicly known, other than a nickname that could be confused with the name of a political party, and the nickname may be accompanied by the initial or initials of their given name;

    • (c) a normal abbreviation of one or more of the given names may be substituted for the given name or names; and

    • (d) the occupation shall be stated briefly and shall correspond to the occupation by which the prospective candidate is known in his or her place of ordinary residence.

  • Marginal note:Public knowledge of nickname

    (3) A prospective candidate who uses a nickname described in paragraph (2)(b) in his or her nomination paper shall, if the returning officer requests it, provide the returning officer with documents that are determined by the Chief Electoral Officer to be evidence of the common public knowledge of the nickname.

  • Marginal note:Notification and determination

    (4) If the returning officer is of the opinion that a nickname referred to in paragraph (2)(b) could be confused with the name of a political party, he or she shall notify the Chief Electoral Officer, who shall determine whether the nickname may be used as provided in that paragraph.

  • 2000, c. 9, s. 66;
  • 2001, c. 21, s. 7;
  • 2014, c. 12, s. 26.
Marginal note:Witness files nomination paper
  •  (1) The witness to the consent referred to in paragraph 66(1)(b) shall file the nomination paper with the returning officer in the electoral district in which the prospective candidate is seeking nomination at any time between the issue of the Notice of Election and the close of nominations.

  • Marginal note:Witness ensures signatures are of electors

    (2) The witness shall use due diligence to ensure that the signatures referred to in paragraph 66(1)(e) or (f) were all made by electors resident in the electoral district.

  • Marginal note:Witness swears oath

    (3) The witness shall, on filing the nomination paper, swear an oath in writing in the prescribed form before the returning officer stating that

    • (a) the witness knows the prospective candidate;

    • (b) the witness is qualified as an elector; and

    • (c) the prospective candidate signed the consent to the nomination in the presence of the witness.

  • Marginal note:Other requirements

    (4) The witness shall file with the returning officer, together with the nomination paper,

    • (a) a deposit of $1,000;

    • (b) a statement signed by the auditor consenting to act in that capacity; and

    • (c) if applicable, an instrument in writing, signed by the leader of the political party or by a person referred to in subsection 406(2), that states that the prospective candidate is endorsed by the party in accordance with section 68.

  • 2000, c. 9, s. 67;
  • 2001, c. 21, s. 8;
  • 2014, c. 12, s. 27.
Marginal note:Party may endorse only one candidate per district
  •  (1) A political party may endorse only one prospective candidate in each electoral district for a given election.

  • Marginal note:New endorsement

    (2) If, with respect to a particular electoral district, a candidate who has been endorsed by a political party dies before 2:00 p.m. on the 5th day before the closing day for nominations or withdraws in accordance with subsection 74(1), the party may endorse another candidate in that electoral district before the close of nominations.

  • 2000, c. 9, s. 68;
  • 2001, c. 21, s. 9.
Marginal note:Closing day for nominations

 The closing day for nominations shall be Monday, the 21st day before polling day.

Marginal note:Hours of attendance
  •  (1) The returning officer and the assistant returning officer shall attend between noon and 2:00 p.m. on the closing day for nominations at the office of the returning officer in order that the returning officer may receive nominations for prospective candidates who have not yet filed their nomination papers.

  • Marginal note:Close of nominations

    (2) No nomination may be received from any person who enters the office of the returning officer after 2:00 p.m. on the closing day for nominations.

  • Marginal note:Designated filing place

    (3) The returning officer may authorize a person to receive the nomination paper and the deposit, statement and instrument referred to in paragraphs 67(4)(a) to (c), respectively, in any place designated by the returning officer. They must be received by the close of nominations.

Marginal note:Notice to candidate of confirmation or refusal
  •  (1) The returning officer shall, not later than 48 hours after a nomination paper is filed, give the prospective candidate notice, in the prescribed form, of the confirmation of the nomination or of the refusal to accept the nomination.

  • Marginal note:Verification of nomination papers

    (2) Before giving confirmation of a nomination or refusing to accept one, the returning officer shall verify, in accordance with the instructions of the Chief Electoral Officer,

    • (a) that the nomination paper is complete, including having at least the number of signatures referred to in paragraph 66(1)(e) or (f), as the case may be; and

    • (b) that the signatures referred to in paragraph 66(1)(e) or (f) are those of electors who are entitled to vote in the electoral district in which the prospective candidate intends to seek nomination.

  • Marginal note:Correction or replacement

    (3) A nomination paper that a returning officer has refused to accept may be replaced by another nomination paper or may be corrected if the new or corrected nomination paper is filed with the returning officer by the close of nominations.

Marginal note:Deposit to Receiver General
  •  (1) On receipt of the deposit, the returning officer shall issue a receipt to the witness and shall without delay send the deposit to the Chief Electoral Officer who shall without delay send it to the Receiver General.

  • Marginal note:Refund of deposit

    (2) If a returning officer refuses to accept a nomination, the deposit that was filed in support of it shall be refunded to the person in respect of whom the nomination paper was filed.

Marginal note:Electronic filing
  •  (1) A prospective candidate may send his or her nomination paper and the statement and instrument referred to in paragraphs 67(4)(b) and (c), respectively, by electronic means. In order for the nomination to be valid, the returning officer must receive the deposit referred to in paragraph 67(4)(a) and copies in electronic form of the nomination paper, statement and instrument by the close of nominations. The original documents must be received by the returning officer not later than 48 hours after the close of nominations.

  • Marginal note:Cancellation of nomination

    (2) If the original documents are not received on time, the returning officer shall cancel the nomination unless the person in respect of whom the nomination paper was filed satisfies the returning officer that all reasonable measures were taken to ensure that the original documents were received on time.

  • 2000, c. 9, s. 73;
  • 2014, c. 12, s. 28(F).
Marginal note:Withdrawal of candidate
  •  (1) A candidate may withdraw at any time before 5:00 p.m. on the closing day for nominations by filing, in person, with the returning officer a statement in writing to that effect signed by the candidate and witnessed by two electors who are entitled to vote in the electoral district in which the candidate’s nomination was confirmed.

  • Marginal note:Consequences of withdrawal

    (2) When a candidate withdraws under subsection (1), any votes cast for the candidate at the election are void.

Marginal note:Minor corrections

 A candidate may, before 5:00 p.m. on the closing day for nominations, provide in writing to the returning officer any change that he or she wishes to be made to his or her name, address or occupation as set out in the nomination paper.

Marginal note:Votes for persons not properly nominated to be void

 Any votes given for a person other than a candidate are void.

Marginal note:Postponement of closing day for nominations on death of candidate
  •  (1) If a candidate endorsed by a registered party dies after 2:00 p.m. on the 5th day before the closing day for nominations and before the close of polling stations on polling day, the election is postponed and the returning officer shall, after communicating with the Chief Electoral Officer, fix the 2nd Monday after the death as the closing day for nominations in that electoral district.

  • Marginal note:New polling day

    (2) Notice of the day fixed under subsection (1) shall be given by a further Notice of Election distributed and posted as specified by the Chief Electoral Officer, and there shall also be named by the Notice of Election a new polling day, which shall be Monday, the 21st day after the day fixed under that subsection.

  • Marginal note:Lists of electors

    (3) The lists of electors to be used at a postponed election shall be the lists of electors that were revised before the 6th day before the new polling day.

Marginal note:Postponement of election

 The postponement of an election under section 77 and the fixing of a new closing day for nominations does not invalidate the nomination of the other candidates.

Marginal note:Ballots void

 If an election is postponed under section 77, all ballots that are cast before the postponement are void and shall be destroyed.

Rights of Candidates

Marginal note:Leave of absence

 Every employer of employees to whom Part III of the Canada Labour Code applies shall, on application, grant any such employee leave of absence, with or without pay, to seek nomination as a candidate and to be a candidate for the period during the election period that may be requested.

Marginal note:Canvassing, etc., in residential areas
  •  (1) No person who is in control of an apartment building, condominium building or other multiple-residence building or a gated community may prevent a candidate or his or her representative from

    • (a) in the case of an apartment building, condominium building or gated community, canvassing, between 9:00 a.m. and 9:00 p.m., at the doors to the apartments, units or houses, as the case may be; or

    • (b) in the case of a multiple-residence building, campaigning, between 9:00 a.m. and 9:00 p.m., in a common area in the multiple residence.

  • Marginal note:Exception

    (2) Subsection (1) does not apply in respect of a person who is in control of a multiple residence building whose residents’ physical or emotional well-being may be harmed as a result of permitting canvassing or campaigning referred to in that subsection.

  • 2000, c. 9, s. 81;
  • 2007, c. 21, s. 11.
Marginal note:Campaigning in public places
  •  (1) No person who is in control of a building, land, street or any other place, any part of which is open without charge to members of the public, whether on a continuous, periodic or occasional basis — including any commercial, business, cultural, historical, educational, religious, governmental, entertainment or recreational place — may prevent a candidate or his or her representative from campaigning in or on that part when it is open without charge to members of the public.

  • Marginal note:Exception

    (2) Subsection (1) does not apply in respect of a place if campaigning in or on it would be incompatible with the function and purpose of the place or inconsistent with public safety.

  • 2007, c. 21, s. 12.

 [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 statements to affect election results

 No person shall, with the intention of affecting the results of an election, knowingly make or publish any false statement of fact in relation to the personal character or conduct of a candidate or prospective candidate.

  • 2000, c. 9, s. 91;
  • 2001, c. 21, s. 10(E).
Marginal note:False statement of withdrawal of candidate

 No person shall knowingly publish a false statement of the withdrawal of a candidate.

 [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:Sending of information
  •  (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 send it 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:Distribution of preliminary lists

    (1.1) The Chief Electoral Officer shall distribute, to each registered party or eligible party that requests it, one copy in electronic form of 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.

  • 2000, c. 9, s. 93;
  • 2007, c. 21, s. 13.
Marginal note:Distribution of lists
  •  (1) Each returning officer shall, on receipt of the preliminary lists of electors for his or her electoral district, distribute one printed copy and one copy in electronic form of the lists to each candidate in the electoral district who requests them.

  • Marginal note:Extra copies

    (2) On the request of a candidate, the returning officer may provide a maximum of four additional printed copies of the preliminary lists of electors.

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 referred to in paragraph 11(e);

    • (b) have completed a statement of ordinary residence under section 194 or 195; or

    • (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 has level access;

    • (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 level access and his or her polling station does not have it; or

    • (c) is unable to attend at a polling station because of a physical 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.

  • 2000, c. 9, s. 95;
  • 2007, c. 21, s. 14;
  • 2014, c. 12, s. 32.

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 revising agents 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 revising agents 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 have level access.

  • 2000, c. 9, s. 98;
  • 2014, c. 12, s. 34.
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:Revising agents to act jointly
  •  (1) Each pair of revising agents appointed for an electoral district shall act jointly to assist in the revision of the preliminary lists of electors.

  • Marginal note:Disagreement between revising agents

    (2) In case of disagreement, the revising agents 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, at their residence and in the presence of the revising agents completes the prescribed registration form and takes the prescribed oath.

  • 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.

  • 2000, c. 9, s. 101;
  • 2007, c. 21, s. 16;
  • 2014, c. 12, s. 35.
Marginal note:Notice of confirmation of registration

 Each returning officer shall, as early as possible during the revision period but not later than the 5th day before polling day, send a notice of confirmation of registration that contains the information described in subsections 95(2) and (3) to every elector whose name has been added to a preliminary list of electors during the revision period, except electors referred to in subsection 95(1).

Objection Procedure

Marginal note:Objection by elector
  •  (1) No later than the 14th day before polling day, an elector whose name appears on a list of electors for an electoral district may make an objection before the returning officer respecting the inclusion of the name of another person on a list of electors for that electoral district.

  • Marginal note:Affidavit of objection

    (2) An elector who wishes to make an objection under subsection (1) shall complete an affidavit of objection in the prescribed form, alleging that the other person is not entitled to vote in that electoral district, and shall submit the affidavit to the returning officer.

  • Marginal note:Notice to be sent to person objected to

    (3) The returning officer shall, on the day on which he or she receives an affidavit of objection or on the following day, send to the person objected to, at his or her address given on the list of electors and also at any other address given on the affidavit, a notice in the prescribed form advising the person that he or she may give evidence to show that he or she is entitled to vote in the electoral district in question by

    • (a) appearing personally or by representative before the returning officer at a specified time no later than the 11th day before polling day; or

    • (b) sending the returning officer, before that time, any documentation that the person considers appropriate.

  • Marginal note:Notice to candidates

    (4) The returning officer shall, as soon as possible, send to each candidate in the electoral district a copy of the notice referred to in subsection (3).

  • Marginal note:Presence of candidates’ representatives

    (5) If the person objected to decides to appear before the returning officer under paragraph (3)(a), the returning officer shall permit one representative of each candidate in the electoral district to be present, but no representative has the right to intervene, except with the permission of the returning officer.

Marginal note:Examination by returning officer
  •  (1) When an objection is made under subsection 103(1), the returning officer may examine on oath the elector who made the objection, the person against whom it was made — if that person wishes to present their position — and any witness present, and make a decision on the basis of the information so obtained.

  • Marginal note:Evidence

    (2) The onus of presenting sufficient evidence to warrant the deletion of a name from a list of electors is on the elector who makes the objection.

  • Marginal note:Elector to substantiate case

    (3) The non-attendance before the returning officer at the time an objection is dealt with, or the failure of the person against whom the objection is made to send proof that he or she is entitled to vote in the electoral district, does not relieve the elector who makes the objection from proving, to the returning officer on a balance of probabilities, that the name of the person objected to should not appear on the list of electors.

  • Marginal note:Outcome of objection

    (4) After an objection is dealt with by the returning officer, he or she shall either delete the name of the person objected to from the list of electors on which the name appears or allow the name to stay on that list.

Updated Preliminary Lists of Electors

Marginal note:Distribution of lists

 Each returning officer shall, on the 19th day before polling day, distribute to each candidate in the electoral district who requests it, one copy in electronic form of the most current preliminary lists of electors for that electoral district.

  • 2007, c. 21, s. 17.

Revised Lists of Electors and Official Lists of Electors

Marginal note:Revised list of electors
  •  (1) Each returning officer shall, on the 11th day before polling day, prepare a revised list of electors for each polling division in the electoral district for use at the advance poll.

  • Marginal note:Publication of revised lists

    (2) The Chief Electoral Officer shall, not later than the 7th day before polling day, determine the number of names appearing on the revised lists of electors for each electoral district and cause that information to be published in the Canada Gazette.

Marginal note:Official list of electors

 Each returning officer shall, without delay after the 7th day before polling day but no later than the 3rd day before polling day, prepare the official list of electors for each polling division for use on polling day.

  • 2000, c. 9, s. 106;
  • 2014, c. 12, s. 36.
Marginal note:Form of lists
  •  (1) The revised list of electors and official list of electors for each polling division shall be in the form established by the Chief Electoral Officer.

  • Marginal note:Transmittal of list

    (2) Each returning officer shall deliver to each deputy returning officer the revised list of electors or official list of electors, as the case may be, that the deputy returning officer needs to conduct the vote in his or her respective advance polling station or polling station. The list shall indicate each elector’s sex and year of birth.

  • Marginal note:Transmittal to candidates

    (3) Each returning officer shall deliver to each candidate a printed copy and a copy in electronic form of a version of the revised lists of electors and the official lists of electors that does not indicate an elector’s sex or year of birth.

  • Marginal note:Extra copies

    (4) On the request of a candidate, the returning officer may provide a maximum of four additional printed copies of the revised lists of electors and the official lists of electors.

  • 2000, c. 9, s. 107;
  • 2007, c. 21, s. 18;
  • 2014, c. 12, s. 37.

Merger of Polling Divisions

Marginal note:Merger of polling divisions
  •  (1) After the end of the revision period, the returning officer may, with the prior approval of the Chief Electoral Officer, merge a polling division with an adjacent polling division in the same electoral district.

  • Marginal note:Official list

    (2) The lists of electors for the merging polling divisions are deemed to be the official list of electors for the polling division that results from the merger.

Final Lists of Electors

Marginal note:Final list of electors
  •  (1) The Chief Electoral Officer shall, without delay after polling day, prepare final lists of electors for each electoral district.

  • Marginal note:Delivery of final lists to member and parties

    (2) The Chief Electoral Officer shall deliver a printed copy and a copy in electronic form of the final lists of electors for each electoral district to each registered party that endorsed a candidate in the electoral district and to the member who was elected for the electoral district.

  • Marginal note:Extra copies

    (3) On the request of a registered party or member referred to in subsection (2), the Chief Electoral Officer may provide a maximum of four additional printed copies of the final lists of electors.

  • 2000, c. 9, s. 109;
  • 2001, c. 21, s. 11.

Use of Lists of Electors

Marginal note:Registered parties
  •  (1) A registered party that, under section 45, subsection 93(1.1) or section 109, receives a copy of lists of electors may use the lists for communicating with electors, including using them for soliciting contributions and recruiting party members.

  • Marginal note:Eligible parties

    (1.1) An eligible party that, under subsection 93(1.1), receives a copy of preliminary lists of electors may use the lists for communicating with electors, including using them for soliciting contributions and recruiting party members.

  • Marginal note:Members

    (2) A member who, under section 45 or 109, receives a copy of lists of electors or final lists of electors, respectively, may use the lists for

    • (a) communicating with his or her electors; and

    • (b) in the case of a member of a registered party, soliciting contributions for the use of the registered party and recruiting party members.

  • Marginal note:Candidates

    (3) A candidate who receives a copy of the preliminary lists of electors under section 94 or 104.1, or a copy of the revised lists of electors or the official lists of electors under subsection 107(3), may use the lists for communicating with his or her electors during an election period, including using them for soliciting contributions and campaigning.

  • 2000, c. 9, s. 110;
  • 2007, c. 21, s. 19;
  • 2014, c. 12, s. 38.

Prohibitions

Marginal note:Prohibitions in relation to lists of electors

 No person shall

  • (a) wilfully apply to be included in a list of electors in a name that is not his or her own;

  • (b) wilfully apply, except as authorized by this Act, to be included in a list of electors for a polling division if he or she is already included in a list of electors for another polling division, which list was prepared for use at the same election;

  • (c) wilfully apply, except as authorized by this Act, to be included in a list of electors for a polling division in which the person is not ordinarily resident;

  • (d) apply to have included in a list of electors for an electoral district the name of a person, knowing that the person is not qualified as an elector or entitled to vote in the electoral district;

  • (d.1) compel, induce or attempt to compel or induce any other person to make a false or misleading statement relating to that other person’s qualification as an elector for the purposes of the inclusion of that other person’s name in a list of electors;

  • (e) wilfully apply to have included in a list of electors the name of an animal or thing; or

  • (f) knowingly use personal information that is recorded in a list of electors for a purpose other than

    • (i) to enable registered parties, eligible parties, members or candidates to communicate with electors in accordance with section 110, or

    • (ii) a federal election or referendum.

  • 2000, c. 9, s. 111;
  • 2014, c. 12, s. 39.

PART 8PREPARATION FOR THE VOTE

List of Deputy Returning Officers

Marginal note:List of deputies to candidates
  •  (1) A returning officer shall, at least three days before polling day, post in his or her office, and provide to each candidate or candidate’s representative, a list of the names and addresses of all the deputy returning officers and poll clerks appointed to act in the electoral district, with the number of the polling station at which each is to act.

  • Marginal note:Access to list

    (2) The returning officer shall permit access to, and give full opportunity for the inspection of, the list referred to in subsection (1) by interested persons at any reasonable time.

Election Materials

Marginal note:Delivery to returning officers

 The Chief Electoral Officer, at any time before the issue of the writ or immediately after the issue of it, shall deliver to the returning officer sufficient quantities of election materials and the necessary instructions for the election officers to perform their duties.

Marginal note:Ballot boxes
  •  (1) The Chief Electoral Officer shall provide the returning officer with the necessary ballot boxes.

  • Marginal note:Material of ballot box

    (2) Each ballot box shall be of the size and shape and made of the material determined by the Chief Electoral Officer and be constructed to allow seals for the use of the returning officers and deputy returning officers to be affixed.

Marginal note:Ballot paper
  •  (1) As soon as possible after the issue of the writ, the Chief Electoral Officer shall provide the returning officer with the paper on which the ballots are to be printed. The weight and opacity of the paper shall be determined by the Chief Electoral Officer.

  • Marginal note:Printing material

    (2) Before the closing day for nominations, the Chief Electoral Officer shall deliver to every returning officer the printing material prepared for that election for the purpose of printing the year and the name of the electoral district on the back of the ballot.

Marginal note:Ballot printed in Form 3
  •  (1) The returning officer shall, as soon as possible after 2:00 p.m. on the 19th day before polling day, authorize the printing of a sufficient number of ballots in Form 3 of Schedule 1.

  • Marginal note:Form of ballot

    (2) Ballots shall have a counterfoil and a stub, with a line of perforations between the ballot and the counterfoil and between the counterfoil and the stub.

  • Marginal note:Numbering of ballots

    (3) The ballots shall be numbered on the back of the stub and the counterfoil, and the same number shall be printed on the stub as on the counterfoil.

  • Marginal note:Books of ballots

    (4) Ballots shall be in books containing an appropriate number of ballots.

  • Marginal note:Obligation re: ballots, ballot paper

    (5) Each printer shall return all of the ballots and all of the unused paper on which the ballots were to have been printed, to the returning officer.

  • Marginal note:Printer’s name and affidavit

    (6) Ballots shall bear the name of the printer who, on delivering them to the returning officer, shall include an affidavit in the prescribed form that sets out a description of the ballots, the number of ballots delivered to the returning officer and the fact that all ballots were provided, and all paper returned, as required by subsection (5).

Marginal note:Information on the ballot
  •  (1) Ballots shall contain the names of candidates, arranged alphabetically, taken from their nomination papers.

  • Marginal note:Name of party

    (2) The name, in the form referred to in paragraph 385(2)(b), of the political party that has endorsed the candidate shall be listed on the ballot under the name of the candidate if

    • (a) the candidate’s nomination paper includes it;

    • (b) the condition described in paragraph 67(4)(c) is met; and

    • (c) no later than 48 hours after the close of nominations, the party is a registered party.

    • (d[Repealed, 2004, c. 24, s. 2]

  • Marginal note:Designation of candidate as independent

    (3) The word “independent” shall be listed on the ballot under the name of the candidate who has requested it in accordance with subparagraph 66(1)(a)(v) and may not be so listed in any other case.

  • (4) [Repealed, 2001, c. 21, s. 12]

  • Marginal note:Address or occupation on ballot

    (5) The ballot shall list under the candidate’s name the address or occupation of a candidate who makes a written request to that effect to the returning officer before 5:00 p.m. on the closing day for nominations, if the candidate and another candidate on the ballot have the same name and both candidates have chosen under subparagraph 66(1)(a)(v) to either have the word “independent” or no designation of political affiliation under their names in election documents.

  • 2000, c. 9, s. 117;
  • 2001, c. 21, s. 12;
  • 2004, c. 24, s. 2;
  • 2007, c. 21, s. 20;
  • 2014, c. 12, s. 40.
Marginal note:Property of Her Majesty

 Ballot boxes, ballots, envelopes and marking instruments procured for an election are the property of Her Majesty.

Supply of Election Materials to Deputy Returning Officer

Marginal note:Materials to be supplied to deputy returning officers
  •  (1) Before voting begins, each returning officer shall provide each deputy returning officer in his or her electoral district with

    • (a) enough ballots for at least the number of electors on the official list of electors for the deputy returning officer’s polling station;

    • (b) a statement showing the number of ballots that are supplied, with their serial numbers;

    • (c) the necessary materials for electors to mark their ballots;

    • (d) an adequate number of templates, provided by the Chief Electoral Officer, to enable electors who are visually impaired to mark their ballots without assistance;

    • (e) a copy of the instructions of the Chief Electoral Officer referred to in section 113;

    • (f) the official list of electors for use at the polling station, enclosing it when possible in the ballot box with the ballots and other supplies;

    • (g) a ballot box for polling day and a separate ballot box for each day of advance polling;

    • (h) the text of the oaths to be administered to electors; and

    • (i) the necessary envelopes, forms and other supplies that may be authorized or provided by the Chief Electoral Officer.

  • Marginal note:Safekeeping of election materials

    (2) Until the opening of the poll, each deputy returning officer is responsible for all election materials in his or her possession and shall take every precaution for the safekeeping of those materials and to prevent any person from having unlawful access to them.

  • 2000, c. 9, s. 119;
  • 2014, c. 12, s. 41.

Polling Stations and Central Polling Places

Marginal note:Establishment of polling stations
  •  (1) Each returning officer shall, for polling day, establish one polling station for each polling division.

  • Marginal note:Multiple polling stations

    (2) No later than 3 days before a polling day, a returning officer may, with the prior approval of the Chief Electoral Officer, establish several polling stations for a polling division if, because of the number of electors on the list of electors for the polling division, the returning officer believes it necessary for the conduct of the vote, and each of those polling stations is to be designated by the number of the polling division to which is added the letter A, B, C and so on.

  • Marginal note:Division of list of electors

    (3) The returning officer shall divide the official list of electors for a polling division into as many separate lists as are required for the taking of the votes at each polling station.

  • Marginal note:Certificate of returning officer

    (4) To each portion of the official list of electors that is divided, the returning officer shall, before sending the portion to the deputy returning officer for the polling station, append a certificate signed by the returning officer in the prescribed form attesting to its correctness.

Marginal note:Level access
  •  (1) Subject to subsection (2), a polling station shall be in premises with level access.

  • Marginal note:Exception

    (2) If a returning officer is unable to secure suitable premises with level access for use as a polling station, the returning officer may, with the prior approval of the Chief Electoral Officer, locate the polling station in premises without level access.

  • Marginal note:Voting compartments

    (3) Each polling station shall contain one or two voting compartments arranged so that each elector is screened from observation and may, without interference or interruption, mark their ballot.

  • Marginal note:Table or desk

    (4) Each voting compartment shall be placed on a hard and smooth surface and shall have in it a suitable black lead pencil for the use of electors in marking their ballots.

Marginal note:Polling station in adjacent polling division
  •  (1) If a returning officer is unable to secure suitable premises to be used as a polling station within a polling division, the returning officer may establish a polling station in an adjacent polling division and all the provisions of this Act apply as if the polling station were within the polling division to which it appertains.

  • Marginal note:Polling station in school or other public building

    (2) Whenever possible, a returning officer shall locate a polling station in a school or other suitable public building and shall locate the polling station or the polling stations in a central polling place, at a place or places in the building that will provide ease of access to electors.

  • Marginal note:Polling station in federal buildings

    (3) A returning officer may require the officer in charge of a building owned or occupied by the Government of Canada to make premises in that building available for use as a polling station, and the officer to whom the requirement is directed shall make every reasonable effort to comply with the requirement.

Marginal note:Central polling place
  •  (1) A returning officer may, if he or she considers it advisable, place several polling stations together in a central polling place.

  • Marginal note:Maximum

    (2) A returning officer shall not group together more than 10 polling stations in a central polling place without the Chief Electoral Officer’s prior approval.

  • Marginal note:Presumption

    (3) On the establishment of a central polling place under subsection (1), all of the provisions of this Act apply as if each polling station at the central polling place were within the polling division to which it appertains.

  • 2000, c. 9, s. 123;
  • 2014, c. 12, s. 42.
Marginal note:Appointments at central polling place
  •  (1) When a returning officer establishes a central polling place, the returning officer may appoint, with the prior approval of the Chief Electoral Officer,

    • (a) an information officer to provide information to the electors; and

    • (b) a person responsible for maintaining order.

  • Marginal note:Central poll supervisor

    (2) When a returning officer establishes a central polling place that contains four or more polling stations, the returning officer may appoint a central poll supervisor to attend at the central polling place on polling day to supervise proceedings and keep the returning officer informed of any matter that adversely affects, or is likely to adversely affect, the proceedings.

Marginal note:Mobile polling station
  •  (1) When a polling division consisting of two or more institutions is constituted under subsection 538(5), the returning officer may establish a mobile polling station to be located in each of those institutions successively.

  • Marginal note:Voting hours for mobile polling station

    (2) The returning officer shall set the times during which a mobile polling station will be located in the institutions referred to in subsection (1).

  • Marginal note:Notice

    (3) The returning officer shall give notice to the candidates of the itinerary of the mobile polling station in accordance with the instructions of the Chief Electoral Officer.

  • Marginal note:Provisions applicable to mobile polls

    (4) Subject to the instructions of the Chief Electoral Officer, the provisions of this Act that relate to ordinary polls shall, in so far as they are applicable, apply to mobile polling stations.

Marginal note:Information — location of polling stations
  •  (1) The returning officer for an electoral district shall in writing inform each candidate in the electoral district and each political party that has endorsed a candidate in the electoral district of the addresses of all of the polling stations in the electoral district. That information shall be provided on the later of the 24th day before polling day and the day on which the candidate’s nomination is confirmed, and the returning officer shall at the same time provide them with the information in electronic form.

  • Marginal note:Notification of change — on or before 5th day before polling day

    (2) If, on or before the 5th day before polling day, there is a change in any of the addresses of the polling stations in the electoral district, the returning officer shall without delay notify the candidates and the political parties in writing of the change. He or she shall at the same time provide them with the information in electronic form.

  • Marginal note:Notification of change — after 5th day before polling day

    (3) If, after the 5th day before polling day, there is a change in any of the addresses of the polling stations in the electoral district, the returning officer shall without delay notify the candidates and the political parties of the change.

  • 2014, c. 12, s. 43.

Prohibitions

Marginal note:Prohibitions re ballots, etc.

 No person shall

  • (a) forge a ballot;

  • (b) without authority under this Act, print a ballot or what purports to be or is capable of being used as a ballot at an election;

  • (c) being authorized under this Act to print a ballot, knowingly print more ballot papers than the person is authorized to print;

  • (d) print a ballot or what purports to be or is capable of being used as a ballot at an election with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast; or

  • (e) manufacture, import into Canada, have in possession, supply to an election officer, or use for the purpose of an election, or cause to be manufactured, imported into Canada, provided to an election officer, or used for the purposes of an election, a ballot box that contains a compartment into which a ballot may be secretly placed or a device by which a ballot may be secretly altered.

PART 9VOTING

Voting Opportunities

Marginal note:Manner of voting

 An elector may vote

  • (a) in person at a polling station on polling day;

  • (b) in person at an advance polling station during the period provided for the advance poll; or

  • (c) by means of a special ballot issued in accordance with Part 11.

Polling Day

Hours

Marginal note:Hours of voting
  •  (1) The voting hours on polling day are

    • (a) from 8:30 a.m. to 8:30 p.m., if the electoral district is in the Newfoundland, Atlantic or Central time zone;

    • (b) from 9:30 a.m. to 9:30 p.m., if the electoral district is in the Eastern time zone;

    • (c) from 7:30 a.m. to 7:30 p.m., if the electoral district is in the Mountain time zone; and

    • (d) from 7:00 a.m. to 7:00 p.m., if the electoral district is in the Pacific time zone.

  • Marginal note:Exception — Saskatchewan

    (2) Despite subsection (1), if polling day is during a time of the year when the rest of the country is observing daylight saving time, the voting hours in Saskatchewan are

    • (a) in the case of an electoral district in the Central time zone, from 7:30 a.m. to 7:30 p.m.; and

    • (b) in the case of an electoral district in the Mountain time zone, from 7:00 a.m. to 7:00 p.m.

Marginal note:Daylight-saving time

 The Chief Electoral Officer may, if he or she considers it necessary, set the voting hours for the electoral district so that the opening and closing of its polls coincide with the opening and closing of the polls in other electoral districts in the same time zone.

Marginal note:When polls lie in two time zones

 When more than one local time is observed in an electoral district, the returning officer shall, with the prior approval of the Chief Electoral Officer, determine one local time to be observed for every operation prescribed by this Act, and shall publish the hours in the Notice of Election referred to in section 62.

Marginal note:By-elections

 If only one by-election is held or if more than one by-election is held on the same day and all of them are in the same time zone, the hours of voting are from 8:30 a.m. to 8:30 p.m.

Time to Employees for Voting

Marginal note:Consecutive hours for voting
  •  (1) Every employee who is an elector is entitled, during voting hours on polling day, to have three consecutive hours for the purpose of casting his or her vote and, if his or her hours of work do not allow for those three consecutive hours, his or her employer shall allow the time for voting that is necessary to provide those three consecutive hours.

  • Marginal note:Time at convenience of employer

    (2) The time that the employer shall allow for voting under subsection (1) is at the convenience of the employer.

  • Marginal note:Transportation companies

    (3) This section and section 133 do not apply to an employee of a company that transports goods or passengers by land, air or water who is employed outside his or her polling division in the operation of a means of transportation, if the additional time referred to in subsection (1) cannot be allowed without interfering with the transportation service.

Marginal note:No penalty for absence from work to vote
  •  (1) No employer may make a deduction from the pay of an employee, or impose a penalty, for the time that the employer shall allow for voting under subsection 132(1).

  • Marginal note:Hourly, piece-work or other basis of employment

    (2) An employer who pays an employee less than the amount that the employee would have earned on polling day, had the employee continued to work during the time referred to in subsection 132(2) that the employer allowed for voting, is deemed to have made a deduction from the pay of the employee, regardless of the basis on which the employee is paid.

Marginal note:Prohibition

 No employer shall, by intimidation, undue influence or by any other means, interfere with the granting to an elector in their employ of the three consecutive hours for voting, as provided for in section 132.

Proceedings at the Poll

Marginal note:Who may be present at polling station
  •  (1) The only persons who may be present at a polling station on polling day are

    • (a) the deputy returning officer and the poll clerk;

    • (b) the returning officer and his or her representatives;

    • (c) the candidates;

    • (d) two representatives of each candidate or, in their absence, two electors to represent each candidate;

    • (e) an elector and a friend or relative who is helping him or her by virtue of subsection 155(1), only for the period necessary to enable the elector to vote;

    • (f) any observer or member of the Chief Electoral Officer’s staff whom he or she authorizes to be present;

    • (g) any person appointed under section 32.1; and

    • (h) if the polling station is established for a polling division of an electoral district in which a leader of a registered party is a candidate, any media representative who, subject to any conditions that the Chief Electoral Officer considers necessary to protect the integrity of the vote and the privacy of any person present at the polling station, is authorized in writing by the Chief Electoral Officer to be present and take any photograph or make any video recording of the candidates as they cast their votes.

  • Marginal note:Delivery of representative’s authorization

    (2) When a representative of a candidate is admitted to a polling station, the representative shall deliver his or her written authorization from the candidate or the candidate’s official agent in the prescribed form to the deputy returning officer.

  • Marginal note:Representative authorized in writing

    (3) A representative bearing a written authorization referred to in subsection (2) is deemed to be a representative of the candidate within the meaning of this Act and is entitled to represent the candidate in preference to, and to the exclusion of, any elector who might otherwise claim the right to represent the candidate.

  • Marginal note:Oath of secrecy

    (4) Each representative of a candidate or each elector described in paragraph (1)(d), on being admitted to the polling station, shall take an oath in the prescribed form.

  • Marginal note:Oath

    (5) A candidate’s representative who is appointed to more than one polling station, whether those polling stations are placed together in a central polling place or not, shall, before being admitted to the first polling station, take an oath in the prescribed form before the central poll supervisor or before the deputy returning officer of that polling station. The representative is not required to take another oath on being admitted to any other polling station in the same electoral district if he or she presents a document, in the prescribed form, proving that he or she has already taken the oath.

  • 2000, c. 9, s. 135;
  • 2014, c. 12, s. 44.
Marginal note:Presence of representatives
  •  (1) A candidate or the candidate’s official agent may authorize any number of representatives of the candidate to be present at a polling station, but only two of each candidate’s representatives may be present at any time.

  • Marginal note:Representatives may absent themselves from poll

    (2) A representative of a candidate, or an elector described in paragraph 135(1)(d), may leave a polling station at any time and return at any time before the counting of the votes begins and is not required to produce a new written authorization from the candidate or official agent or to take another oath.

  • Marginal note:Moving between polling stations

    (2.1) Despite subsection (2), a candidate’s representative may, either before or after the counting of the votes begins, go from one polling station to another if those polling stations are in the same polling place. However, once the representative leaves the polling place, he or she is not permitted to return after the counting of the votes begins.

  • Marginal note:Examination of list of electors and conveying information

    (3) A representative of a candidate may, during voting hours,

    • (a) examine the list of electors, provided that the representative does not delay an elector in casting his or her vote; and

    • (b) convey any information obtained by the examination referred to in paragraph (a) to a representative of the candidate who is on duty outside the polling station.

  • Marginal note:Photographs, recordings and communications devices

    (4) A candidate’s representative

    • (a) shall not take any photograph or make any audio or video recording at a polling station; and

    • (b) shall not, if he or she uses a communications device at a polling station, impede any elector from exercising their right to vote or violate the secrecy of the vote.

  • 2000, c. 9, s. 136;
  • 2014, c. 12, s. 45.
Marginal note:Candidate may act as representative
  •  (1) A candidate may perform the duties of a representative of the candidate, or may assist the representative in the performance of those duties, and may be present at any place that the representative is authorized to attend under this Act.

  • Marginal note:Non-attendance of representatives

    (2) The non-attendance of a representative of a candidate at any time or place authorized by this Act does not in any way invalidate any act or thing done during the absence of the representative if the act or thing is otherwise duly done.

Marginal note:Initialling ballots
  •  (1) Before a polling station opens on polling day, and in full view of the candidates or their representatives who are present at the polling station, the deputy returning officer shall initial the back of every ballot in the space indicated in Form 3 of Schedule 1, entirely in ink or entirely in black pencil so that when the ballot is folded the initials can be seen. The initials shall be as similar as possible on each ballot.

  • Marginal note:Ballots not to be detached

    (2) For the purpose of initialling, the ballots shall not be detached from the books in which they are contained.

  • Marginal note:Vote not to be delayed

    (3) The opening of a polling station shall not be delayed for the purpose of initialling the ballots. Ballots that are not initialled when the polling station opens shall be initialled as soon as possible and in all cases before being handed to electors.

Marginal note:Counting of ballots before opening of poll

 Candidates or their representatives who are in attendance at least 15 minutes before a polling station opens are entitled to have the ballots intended to be used at the polling station carefully counted in their presence and to inspect the ballots and all other documents relating to the vote.

Marginal note:Examining and sealing ballot box

 When the polling station opens, the deputy returning officer shall, in full view of the candidates or their representatives who are present, open the ballot box and ascertain that it is empty, and shall

  • (a) seal the ballot box with the seals provided by the Chief Electoral Officer; and

  • (b) place the ballot box on a table in full view of all present and ensure that the box remains there until the polling station closes.

Admitting Voters

Marginal note:Calling electors

 Immediately after the ballot box is sealed, the deputy returning officer shall call on the electors to vote.

Marginal note:Electors not to be impeded
  •  (1) The deputy returning officer shall ensure that every elector is admitted into the polling station and that the electors are not disturbed when they are in or near the polling station.

  • Marginal note:One elector at a time

    (2) A deputy returning officer may, if he or she considers it advisable, direct that not more than one elector for each voting compartment may at any time enter the room where the voting is held.

Marginal note:Elector to declare name, etc.
  •  (1) Each elector, on arriving at the polling station, shall give his or her name and address to the deputy returning officer and the poll clerk, and, on request, to a candidate or his or her representative.

  • Marginal note:Proof of identity and residence

    (2) If the poll clerk determines that the elector’s name and address appear on the list of electors or that the elector is allowed to vote under section 146, 147, 148 or 149, then the elector shall provide the deputy returning officer and the poll clerk with the following proof of the elector’s identity and, subject to subsection (3), his or her residence:

    • (a) one piece of identification issued by a Canadian government, whether federal, provincial or local, or an agency of that government, that contains a photograph of the elector and his or her name and address; or

    • (b) two pieces of identification of a type authorized under subsection (2.1), each of which establishes the elector’s name and at least one of which establishes the elector’s address.

  • Marginal note:Authorized types of identification

    (2.1) The Chief Electoral Officer may authorize types of identification for the purposes of paragraph (2)(b). For greater certainty, any document — other than a notice of confirmation of registration sent under section 95 or 102 — regardless of who issued the document, may be authorized.

  • Marginal note:Person registered as an Indian

    (2.2) For the purposes of paragraph (2)(b), a document issued by the Government of Canada that certifies that a person is registered as an Indian under the Indian Act constitutes an authorized piece of identification.

  • Marginal note:Alternative proof of residence

    (3) An elector who proves his or her identity by providing two pieces of identification of a type authorized under subsection (2.1) that establish the elector’s name may instead prove his or her residence by taking an oath in writing in the prescribed form — the form including the statement that he or she has received the oral advice set out in subsection 143.1(1) — if he or she is accompanied by another elector whose name appears on the list of electors for the same polling division who

    • (a) proves their own identity and residence to the deputy returning officer and poll clerk by providing the piece or pieces of identification referred to in paragraph (2)(a) or (b), respectively; and

    • (b) attests to the elector’s residence on oath in writing in the prescribed form, the form including the statements that

      • (i) they have received the oral advice set out in subsection 143.1(2),

      • (ii) they know the elector personally,

      • (iii) they know that the elector resides in the polling division,

      • (iv) they have not attested to the residence of another elector at the election, and

      • (v) their own residence has not been attested to by another elector at the election.

  • Marginal note:Proof of residence

    (3.1) If the address contained in the piece or pieces of identification provided under subsection (2) or paragraph (3)(a) does not prove the elector’s residence but is consistent with information related to the elector that appears on the list of electors, the elector’s residence is deemed to have been proven.

  • Marginal note:Request to take an oath

    (3.2) Despite subsection (3.1), a deputy returning officer, poll clerk, candidate or candidate’s representative who has reasonable doubts concerning the residence of an elector referred to in that subsection may request that the elector take the prescribed oath, in which case his or her residence is deemed to have been proven only if he or she takes that oath.

  • Marginal note:Examination of identification documents

    (3.3) A candidate or their representative may examine but not handle any piece of identification presented under this section.

  • Marginal note:Voting

    (4) If the deputy returning officer is satisfied that an elector’s identity and residence have been proven in accordance with subsection (2) or (3), the elector’s name shall be crossed off the list and, subject to section 144, the elector shall be immediately allowed to vote.

  • Marginal note:Prohibition — attesting to residence of more than one elector

    (5) No elector shall attest to the residence of more than one elector at an election.

  • Marginal note:Prohibition — attesting to residence (own residence attested to)

    (6) No elector whose own residence has been attested to at an election shall attest to another elector’s residence at that election.

  • Marginal note:Publication

    (7) The Chief Electoral Officer shall publish each year, and within three days after the issue of a writ, in a manner that he or she considers appropriate, a notice setting out the types of identification that are authorized for the purpose of paragraph (2)(b). The first annual notice shall be published no later than six months after the coming into force of this subsection.

  • 2000, c. 9, s. 143;
  • 2007, c. 21, s. 21, c. 37, s. 1;
  • 2014, c. 12, s. 46.
Marginal note:Requirement before administering oath — elector
  •  (1) If a person decides to prove his or her residence by taking an oath in writing in the prescribed form, the person who administers the oath shall, before doing so, orally advise the oath-taker of the qualifications for electors and the penalty that may be imposed under this Act on a person who is found guilty of voting or attempting to vote at an election knowing that he or she is not qualified as an elector or who contravenes subsection 549(3).

  • Marginal note:Requirement before administering oath — attesting to residence

    (2) If a person decides to attest to an elector’s residence by taking an oath in writing in the prescribed form, the person who administers the oath shall, before doing so, orally advise the oath-taker of the penalty that may be imposed under this Act on a person who contravenes subsection 143(5) or (6) or 549(3).

  • 2007, c. 21, s. 21;
  • 2014, c. 12, s. 47.
Marginal note:Proof of qualification as elector

 A deputy returning officer, poll clerk, candidate or candidate’s representative who has reasonable doubts concerning whether a person intending to vote is qualified as an elector may request that the person take the prescribed oath, and the person shall not be allowed to vote unless he or she takes that oath.

  • 2000, c. 9, s. 144;
  • 2007, c. 21, s. 21.
Marginal note:Proof of identity, etc., or oath not required

 Once an elector has been given a ballot, no person shall require the elector to prove his or her identity and residence in accordance with subsection 143(2) or (3).

  • 2007, c. 21, s. 21.

 [Repealed, 2007, c. 21, s. 21]

Marginal note:Name and address corresponding closely to another

 If a name and address in the list of electors correspond so closely with the name and address of a person who demands a ballot as to suggest that it is intended to refer to that person, the person shall not be allowed to vote unless he or she takes the prescribed oath.

  • 2000, c. 9, s. 146;
  • 2007, c. 21, s. 22.
Marginal note:Person in whose name another has voted

 If a person asks for a ballot at a polling station after someone else has voted under that person’s name, the person shall not be allowed to vote unless he or she takes an oath in writing in the prescribed form. The form is to state the penalty that may be imposed under this Act on a person who is found guilty of requesting a second ballot at an election contrary to section 7 or of applying for a ballot in a name that is not his or her own contrary to paragraph 167(1)(a).

  • 2000, c. 9, s. 147;
  • 2007, c. 21, s. 22;
  • 2014, c. 12, s. 48.
Marginal note:Name crossed off list in error

 If an elector claims that his or her name has been crossed off in error from an official list of electors under subsection 176(2) or (3), the elector shall not be allowed to vote unless the returning officer verifies that the elector’s name was crossed off in error or the elector takes the oath referred to in section 147 in writing.

  • 2000, c. 9, s. 148;
  • 2007, c. 21, s. 22;
  • 2014, c. 12, s. 48.
Marginal note:Failure to prove identity or residence
  •  (1) An elector who fails to prove his or her identity and residence in accordance with section 143 or to take an oath otherwise required by this Act shall not receive a ballot or be allowed to vote.

  • Marginal note:When elector refuses to take improper oath

    (2) If an elector refuses to take an oath because he or she is not required to do so under this Act, the elector may appeal to the returning officer. If, after consultation with the deputy returning officer or the poll clerk of the polling station, the returning officer decides that the elector is not required to take the oath, and if the elector is entitled to vote in the polling division, the returning officer shall direct that he or she be allowed to do so.

  • 2007, c. 21, s. 22;
  • 2014, c. 12, s. 49.
Marginal note:Elector not allowed to vote

 An elector whose name does not appear on the official list of electors in his or her polling station shall not be allowed to vote unless

  • (a) the elector gives the deputy returning officer a transfer certificate described in section 158 or 159 and, for a certificate described in subsection 158(2), fulfils the conditions described in subsection 158(3);

  • (b) the deputy returning officer ascertains with the returning officer that the elector is listed on the preliminary list of electors or was registered during the revision period; or

  • (c) the elector gives the deputy returning officer a registration certificate described in subsection 161(4).

  • 2000, c. 9, s. 149;
  • 2007, c. 21, s. 23.

Voting Procedure

Marginal note:Delivery of ballot to elector
  •  (1) Every elector who is admitted to vote shall be given a ballot by the deputy returning officer.

  • Marginal note:Instructions to elector on receiving ballot

    (2) The deputy returning officer shall explain to each elector how to indicate his or her choice and fold the ballot so that its serial number and the initials of the deputy returning officer are visible and shall direct the elector to return the marked and folded ballot.

Marginal note:Manner of voting
  •  (1) An elector shall, after receiving a ballot,

    • (a) proceed directly to the voting compartment;

    • (b) mark the ballot with a cross or other mark in the circular space opposite the name of the candidate of his or her choice;

    • (c) fold the ballot as instructed by the deputy returning officer; and

    • (d) return the ballot to the deputy returning officer.

  • Marginal note:Return of ballot

    (2) The deputy returning officer shall, on receiving the ballot from the elector,

    • (a) without unfolding the ballot, verify that it is the same one that was handed to the elector by examining its serial number and the initials on it;

    • (b) remove and destroy the counterfoil in full view of the elector and all other persons present; and

    • (c) return the ballot to the elector to deposit in the ballot box or, at the elector’s request, deposit it in the ballot box.

Marginal note:Spoiled ballot
  •  (1) If an elector has inadvertently handled a ballot in such a manner that it cannot be used, the elector shall return it to the deputy returning officer who shall mark it as a spoiled ballot, place it in the envelope supplied for the purpose and give the elector another ballot.

  • Marginal note:Limit

    (2) An elector shall not be given more than one ballot under subsection (1).

Marginal note:No delay in voting
  •  (1) Every elector shall vote without delay and leave the polling station as soon as his or her ballot has been put into the ballot box.

  • Marginal note:Electors present at close of voting hours allowed to vote

    (2) An elector who is entitled to vote at a polling station and who is in the polling station or in line at the door at the close of voting hours shall be allowed to vote.

Special Voting Procedures

Marginal note:Assistance by deputy returning officer
  •  (1) The deputy returning officer, on request by an elector who is unable to vote in the manner prescribed by this Act because he or she cannot read or has a physical disability, shall assist the elector in the presence of the poll clerk.

  • Marginal note:Template

    (2) The deputy returning officer shall, on request, provide a template to an elector who has a visual impairment to assist him or her in marking his or her ballot.

Marginal note:Assistance by friend or related person
  •  (1) If an elector requires assistance to vote, a friend, the spouse, the common-law partner or a relative of the elector or a relative of the elector’s spouse or common-law partner may accompany the elector into the voting compartment and assist the elector to mark his or her ballot.

  • Marginal note:Exception

    (2) No person shall as a friend assist more than one elector for the purpose of marking a ballot.

  • Marginal note:Oath

    (3) A person described in subsection (1) who wishes to assist an elector in marking a ballot shall first take an oath, in the prescribed form, that he or she

    • (a) will mark the ballot paper in the manner directed by the elector;

    • (b) will not disclose the name of the candidate for whom the elector voted;

    • (c) will not try to influence the elector in choosing a candidate; and

    • (d) has not, during the current election, assisted another person, as a friend, to mark a ballot.

  • Marginal note:Prohibition — failure to maintain secrecy

    (4) No person who assists an elector under this section shall, directly or indirectly, disclose the candidate for whom the elector voted.

  • 2000, c. 9, s. 155, c. 12, s. 40.
Marginal note:Use of interpreter

 A deputy returning officer may appoint and swear a language or sign language interpreter to assist the officer in communicating to an elector any information that is necessary to enable him or her to vote.

Marginal note:Elector who is confined to bed
  •  (1) At a polling station that has been established in a home for the aged or in a chronic care facility, when the deputy returning officer considers it necessary, the deputy returning officer and the poll clerk shall

    • (a) suspend temporarily the voting in the polling station; and

    • (b) with the approval of the person in charge of the institution, carry the ballot box, ballots and other necessary election documents from room to room in the institution to take the votes of electors who are confined to bed and ordinarily resident in the polling division in which the institution is situated.

  • Marginal note:Procedure for taking the votes

    (2) When the vote of an elector who is confined to bed is taken, the deputy returning officer shall give the elector the assistance necessary to enable the elector to vote, and not more than one representative of each candidate may be present.

Transfer Certificates

Marginal note:Transfer certificate for candidate
  •  (1) A candidate whose name appears on the list of electors for a polling station is entitled on request to receive a transfer certificate to vote at another polling station in the same electoral district.

  • Marginal note:Transfer certificate for election officer

    (2) A returning officer or an assistant returning officer shall issue a transfer certificate to any person whose name appears on the official list of electors for a polling station and who has been appointed, after the last day of advance polls, to act as an election officer for another polling station.

  • Marginal note:Condition

    (3) A transfer certificate issued under subsection (2) authorizes the person to vote at the polling station named in it only if, on polling day, the person performs the duty specified in the certificate at the place mentioned in the certificate.

  • Marginal note:Transfer certificate for elector whose polling station has moved

    (4) If an elector’s polling station moves to another location after the notice of confirmation of registration has been sent, an elector who attends at the polling station set out in the notice is entitled on request to receive a transfer certificate to vote at that polling station.

  • 2000, c. 9, s. 158;
  • 2007, c. 21, s. 24.
Marginal note:Transfer certificate for elector with a disability
  •  (1) An elector who is in a wheelchair or who has a physical disability, and who is unable to vote without difficulty in his or her polling division because it does not have a polling station with level access, may apply for a transfer certificate to vote at another polling station with level access in the same electoral district.

  • Marginal note:Application requirements

    (2) The application shall be in the prescribed form and shall be personally delivered to the returning officer or assistant returning officer for the elector’s electoral district by the elector, his or her friend, spouse, common-law partner or relative, or a relative of his or her spouse or common-law partner.

  • Marginal note:Issue of transfer certificate to disabled elector

    (3) The returning officer or assistant returning officer shall issue a transfer certificate in the prescribed form, and hand the certificate to the person who delivered the application to the officer, if the officer is satisfied that

    • (a) the elector’s name appears on a list of electors for the electoral district; and

    • (b) the polling station established for the polling division in which the elector resides does not have level access.

  • 2000, c. 9, s. 159, c. 12, s. 40;
  • 2007, c. 21, s. 25.
Marginal note:Signing, numbering and recording transfer certificate

 The returning officer or assistant returning officer by whom a transfer certificate is issued shall

  • (a) fill in and sign the certificate and mention on it the date of its issue;

  • (b) consecutively number the certificate in the order of its issue;

  • (c) keep a record of the certificate in the order of its issue on the prescribed form;

  • (d) not issue the certificate in blank; and

  • (e) if possible, send a copy of the certificate to the deputy returning officer for the polling station on whose list of electors the name of the person to whom the certificate has been issued appears.

Polling Day Registration

Marginal note:Registration in person
  •  (1) An elector whose name is not on the list of electors may register in person on polling day if the elector

    • (a) provides as proof of his or her identity and residence the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing an address that proves his or her residence; or

    • (b) proves his or her identity by providing two pieces of identification of a type authorized under subsection 143(2.1) that establish the elector’s name, proves his or her residence by taking an oath in writing in the prescribed form — the form including the statement that he or she has received the oral advice set out in subsection 161.1(1) — and is accompanied by another elector whose name appears on the list of electors for the same polling division who

      • (i) proves their own identity and residence by providing the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing either an address that proves that other elector’s residence or an address that is consistent with information related to that other elector that appears on the list of electors, and

      • (ii) attests to the elector’s residence on oath in writing in the prescribed form, the form including the statements that

        • (A) they have received the oral advice set out in subsection 161.1(2),

        • (B) they know the elector personally,

        • (C) they know that the elector resides in the polling division,

        • (D) they have not attested to the residence of another elector at the election, and

        • (E) their own residence has not been attested to by another elector at the election.

  • Marginal note:Place of registration

    (2) Where subsection (1) applies, the registration may take place before

    • (a) a registration officer at a registration desk established under subsection 39(1); or

    • (b) a deputy returning officer at a polling station with respect to which the Chief Electoral Officer determines that the officer be authorized to receive registrations.

  • Marginal note:Representative of each candidate

    (3) In the case of a registration under paragraph (2)(a), the registration officer shall permit one representative of each candidate in the electoral district to be present.

  • Marginal note:Examination of identification documents

    (3.1) The representative of a candidate may examine but not handle any piece of identification provided by the elector.

  • Marginal note:Registration certificate

    (4) If the elector satisfies the requirements of subsection (1), the registration officer or deputy returning officer, as the case may be, shall complete a registration certificate in the prescribed form authorizing the elector to vote and the elector shall sign it. The registration certificate shall include a statement by the elector that he or she is qualified as an elector under section 3.

  • Marginal note:List deemed to be modified

    (5) When a registration certificate is given under subsection (4), the list of electors is deemed, for the purposes of this Act, to have been modified in accordance with the certificate.

  • Marginal note:Prohibition — registration on polling day

    (5.1) It is prohibited for any person to

    • (a) knowingly apply to be registered on polling day in a name that is not their own;

    • (b) knowingly apply, except as authorized by this Act, to be registered on polling day to vote in a polling division in which they are not ordinarily resident;

    • (c) apply to be registered on polling day to vote in an electoral district knowing that they are not qualified as an elector or entitled to vote in the electoral district; or

    • (d) compel, induce or attempt to compel or induce any other person to make a false or misleading statement relating to that other person’s qualification as an elector for the purposes of the registration of that other person on polling day.

  • Marginal note:Prohibition — attesting to residence of more than one elector

    (6) No elector shall attest to the residence of more than one elector at an election.

  • Marginal note:Prohibition — attesting to residence (own residence attested to)

    (7) No elector whose own residence has been attested to at an election shall attest to another elector’s residence at that election.

  • 2000, c. 9, s. 161;
  • 2007, c. 21, s. 26, c. 37, s. 2;
  • 2014, c. 12, s. 50.
Marginal note:Requirement before administering oath — elector
  •  (1) If a person decides to prove his or her residence by taking an oath in writing in the prescribed form, the person who administers the oath shall, before doing so, orally advise the oath-taker of the qualifications for electors and the penalty that may be imposed under this Act on a person who contravenes subsection 161(5.1) or 549(3).

  • Marginal note:Requirement before administering oath — attesting to residence

    (2) If a person decides to attest to an elector’s residence by taking an oath in writing in the prescribed form, the person who administers the oath shall, before doing so, orally advise the oath-taker of the penalty that may be imposed under this Act on a person who contravenes subsection 161(6) or (7) or 549(3).

  • 2007, c. 21, s. 27;
  • 2014, c. 12, s. 51.

Duties of Poll Clerk

Marginal note:Duties of poll clerk

 Each poll clerk shall

  • (a) make, on the prescribed form, the entries that the deputy returning officer directs under this Act;

  • (b) as soon as the elector’s ballot has been deposited in the ballot box, indicate, beside the name of the elector on the list of electors, that the elector has voted;

  • (c) indicate, if applicable, on the prescribed form that the elector has voted under a transfer certificate issued under section 158 or 159 and give the number of the certificate;

  • (d) indicate, if applicable, on the prescribed form that the elector has voted, under paragraph 149(b), without his or her name being on the official list of electors;

  • (e) indicate, if applicable, on the prescribed form that the elector has voted under section 146;

  • (f) indicate, if applicable, on the prescribed form that the elector has taken an oath and the type of oath;

  • (g) indicate, if applicable, on the prescribed form that the elector refused to comply with a legal requirement to provide the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, or to take an oath;

  • (h) indicate, if applicable, on the prescribed form that the elector has been allowed to vote under subsection 148.1(2);

  • (i) indicate, if applicable, on the prescribed form that an elector has voted in the circumstances described in section 147, that the prescribed oath has been taken or that any other oath that was required to be taken was taken, note any objection that was made on behalf of any of the candidates and indicate the candidate’s name;

  • (i.1) prepare, at intervals of no less than 30 minutes, using the prescribed form and as directed by the Chief Electoral Officer, a document permitting the identification of every elector who during that interval has exercised his or her right to vote on polling day — excluding electors who registered on that day — and, on request, provide it to a candidate’s representative;

  • (i.2) prepare, each day after the close of the advance polling station, using the prescribed form and as directed by the Chief Electoral Officer, a document permitting the identification of every elector who has exercised his or her right to vote on that day — excluding electors who registered on that day — and, on request, provide it to a candidate’s representative; and

  • (j) indicate, if applicable, on the prescribed form, that an elector has voted under a registration certificate issued under subsection 161(4).

  • 2000, c. 9, s. 162;
  • 2007, c. 21, s. 28;
  • 2014, c. 12, s. 52.

Secrecy

Marginal note:Secret vote

 The vote is secret.

Marginal note:Secrecy during and after poll
  •  (1) Every candidate, election officer or representative of a candidate present at a polling station or at the counting of the votes shall maintain the secrecy of the vote.

  • Marginal note:Secrecy at the poll

    (2) Except as provided by this Act, no elector shall

    • (a) on entering the polling station and before receiving a ballot, openly declare for whom the elector intends to vote;

    • (b) show his or her ballot, when marked, so as to allow the name of the candidate for whom the elector has voted to be known; or

    • (c) before leaving the polling station, openly declare for whom the elector has voted.

  • Marginal note:Procedure in case of contravention of secrecy

    (3) It is the duty of each deputy returning officer to draw the attention of any elector to an offence that the elector commits in contravening subsection (2) and to the punishment to which the elector is liable, but the elector shall be allowed to vote in the usual way if he or she has not already done so.

Audit

Marginal note:Engagement of auditor

 For each general election and by-election, the Chief Electoral Officer shall engage an auditor that he or she considers to have technical or specialized knowledge — other than a member of his or her staff or an election officer — to perform an audit and report on whether deputy returning officers, poll clerks and registration officers have, on all days of advance polling and on polling day, properly exercised the powers conferred on them, and properly performed the duties and functions imposed on them, under sections 143 to 149, 161 to 162 and 169.

  • 2014, c. 12, s. 53.

Prohibitions

Marginal note:Prohibition — use of loudspeakers on polling day

 No person shall use a loudspeaking device within hearing distance of a polling station on polling day for the purpose of promoting or opposing a political party that is listed on the ballot under the name of a candidate or the election of a candidate.

  • 2000, c. 9, s. 165;
  • 2001, c. 21, s. 13.
Marginal note:Prohibitions — emblems, etc., in polling station
  •  (1) No person shall

    • (a) post or display in, or on the exterior surface of, a polling place any campaign literature or other material that could be taken as an indication of support for or opposition to a political party that is listed on the ballot under the name of a candidate or the election of a candidate;

    • (b) while in a polling station, wear any emblem, flag, banner or other thing that indicates that the person supports or opposes any candidate or political party that is listed on the ballot under the name of a candidate, or the political or other opinions entertained, or supposed to be entertained, by the candidate or party; and

    • (c) in a polling station or in any place where voting at an election is taking place, influence electors to vote or refrain from voting or vote or refrain from voting for a particular candidate.

  • Marginal note:Exception

    (2) Despite paragraph (1)(b), a representative of a candidate in a polling station may, in the manner authorized by the Chief Electoral Officer, wear a badge identifying his or her function and the name of the political party that is listed on the ballot under the name of the candidate.

  • 2000, c. 9, s. 166;
  • 2001, c. 21, s. 14.
Marginal note:Prohibitions re ballots, etc.
  •  (1) No person shall

    • (a) apply for a ballot in a name that is not his or her own;

    • (b) use a forged ballot;

    • (c) knowing that he or she is without authority under this Act to do so, provide a ballot to any person; or

    • (d) knowing that he or she is without authority under this Act to do so, have a ballot in his or her possession.

  • Marginal note:Other prohibitions

    (2) No person shall wilfully

    • (a) alter, deface or destroy a ballot or the initials of the deputy returning officer signed on a ballot;

    • (b) put or cause to be put into a ballot box a ballot or other paper otherwise than as provided by this Act;

    • (c) take a ballot out of the polling station; or

    • (d) destroy, take, open or otherwise interfere with a ballot box or book or packet of ballots.

  • Marginal note:Prohibitions — deputy returning officers

    (3) No deputy returning officer shall

    • (a) with the intent of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast, put his or her initials on the back of any paper purporting to be or capable of being used as a ballot at an election; or

    • (b) place on any ballot any writing, number or mark, with intent that the elector to whom the ballot is to be, or has been, given may be identified.

PART 10ADVANCE POLLING

Establishment of Advance Polling Stations

Marginal note:Establishment of advance polling districts
  •  (1) Each returning officer shall, as directed by the Chief Electoral Officer, establish in his or her electoral district advance polling districts that consist of one or more polling divisions.

  • Marginal note:Description of districts

    (2) The returning officer shall give the Chief Electoral Officer a description of each advance polling district that is established.

  • Marginal note:Establishment of advance polling station

    (3) An advance polling station shall be established in each advance polling district.

  • Marginal note:Combining advance polling districts

    (4) When a request is made to a returning officer not later than four days after the issue of the writ, the returning officer may, with the permission of the Chief Electoral Officer, combine two advance polling districts into one district.

  • Marginal note:Request to move an advance polling station

    (5) When a request is made to a returning officer not later than four days after the issue of the writ to change the location of an advance polling station, the returning officer, with the prior approval of the Chief Electoral Officer, may do so.

  • Marginal note:Level access

    (6) An advance polling station shall be in premises with level access.

  • Marginal note:Exception

    (7) If a returning officer is unable to secure suitable premises with level access for use as an advance polling station, the returning officer may, with the prior approval of the Chief Electoral Officer, locate the advance polling station in premises without level access.

  • 2000, c. 9, s. 168;
  • 2007, c. 21, s. 29.

Registration

Marginal note:Registration at advance polling station
  •  (1) Every elector whose name is not on the revised list of electors may register in person before the deputy returning officer in the advance polling station where the elector is entitled to vote.

  • Marginal note:Conditions

    (2) An elector shall not be registered unless he or she

    • (a) provides as proof of his or her identity and residence the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing an address that proves his or her residence; or

    • (b) proves his or her identity by providing two pieces of identification of a type authorized under subsection 143(2.1) that establish the elector’s name, proves his or her residence by taking an oath in writing in the prescribed form — the form including the statement that he or she has received the oral advice set out in subsection 169.1(1) — and is accompanied by another elector whose name appears on the list of electors for the same polling division who

      • (i) proves their own identity and residence by providing the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing either an address that proves that other elector’s residence or an address that is consistent with information related to that other elector that appears on the list of electors, and

      • (ii) attests to the elector’s residence on oath in writing in the prescribed form, the form including the statements that

        • (A) they have received the oral advice set out in subsection 169.1(2),

        • (B) they know the elector personally,

        • (C) they know that the elector resides in the polling division,

        • (D) they have not attested to the residence of another elector at the election, and

        • (E) their own residence has not been attested to by another elector at the election.

  • Marginal note:Examination of identification documents

    (2.1) The representative of a candidate may examine but not handle any piece of identification provided by the elector.

  • Marginal note:Registration certificate

    (3) If the elector satisfies the requirements of subsection (2), the deputy returning officer shall complete a registration certificate in the prescribed form authorizing the elector to vote and the elector shall sign it. The registration certificate shall include a statement by the elector that he or she is qualified as an elector under section 3.

  • Marginal note:Entry

    (4) The poll clerk shall indicate on the prescribed form the names of the electors who are permitted to vote under this section.

  • Marginal note:Prohibition — registration at advance polling station

    (4.1) It is prohibited for any person to

    • (a) knowingly apply to be registered at an advance polling station in a name that is not their own;

    • (b) knowingly apply, except as authorized by this Act, to be registered at an advance polling station to vote in an advance polling district in which they are not ordinarily resident;

    • (c) apply to be registered at an advance polling station to vote in an electoral district knowing that they are not qualified as an elector or entitled to vote in the electoral district; or

    • (d) compel, induce or attempt to compel or induce any other person to make a false or misleading statement relating to that other person’s qualification as an elector for the purposes of the registration of that other person at an advance polling station.

  • Marginal note:Prohibition — attesting to residence of more than one elector

    (5) No elector shall attest to the residence of more than one elector at an election.

  • Marginal note:Prohibition — attesting to residence (own residence attested to)

    (6) No elector whose residence has been attested to at an election shall attest to another elector’s residence at that election.

  • 2000, c. 9, s. 169;
  • 2007, c. 21, s. 30, c. 37, s. 3;
  • 2014, c. 12, s. 54.
Marginal note:Requirement before administering oath — elector
  •  (1) If a person decides to prove his or her residence by taking an oath in writing in the prescribed form, the person who administers the oath shall, before doing so, orally advise the oath-taker of the qualifications for electors and the penalty that may be imposed under this Act on a person who contravenes subsection 169(4.1) or 549(3).

  • Marginal note:Requirement before administering oath — attesting to residence

    (2) If a person decides to attest to an elector’s residence by taking an oath in writing in the prescribed form, the person who administers the oath shall, before doing so, orally advise the oath-taker of the penalty that may be imposed under this Act on a person who contravenes subsection 169(5) or (6) or 549(3).

  • 2007, c. 21, s. 31;
  • 2014, c. 12, s. 55.
Marginal note:List deemed to be modified

 When a registration certificate is completed and signed in accordance with subsection 169(3), the list of electors is deemed to have been modified in accordance with the certificate.

Voting Procedure

Marginal note:Conduct of advance polls
  •  (1) Except as provided in this Part, an advance poll shall be conducted in the same manner as the manner in which the vote at a polling station on polling day is conducted and shall be regarded as such for all purposes of this Act.

  • Marginal note:When advance polling stations to be open

    (2) An advance polling station shall only be open between the hours of noon and 8:00 p.m. on Friday, Saturday, Sunday and Monday, the 10th, 9th, 8th and 7th days, respectively, before polling day.

  • 2000, c. 9, s. 171;
  • 2014, c. 12, s. 56.
Marginal note:Notice of advance poll

 Each returning officer shall, not later than Saturday, the 16th day before polling day,

  • (a) give a notice, in the prescribed form, in the electoral district of the advance poll, that sets out the following information:

    • (i) the numbers of the polling divisions in every advance polling district established by the returning officer,

    • (ii) the location of each advance polling station,

    • (iii) the place where the deputy returning officer of each advance polling station shall count the number of votes cast at the advance polling station, and

    • (iv) that the counting of the votes cast shall take place on polling day as soon after the close of the polling stations as possible; and

  • (b) send two copies of the notice to each candidate and to the Chief Electoral Officer.

Marginal note:Who may vote at advance polls
  •  (1) An elector whose name is on the revised list of electors for a polling division in an advance polling district may vote at the advance polling station established for the advance polling district.

  • Marginal note:Elector not on the revised list

    (2) An elector whose name is not on the revised list of electors may not vote at an advance polling station unless

    • (a) the deputy returning officer has ascertained with the returning officer that the elector is listed on the preliminary list of electors or was registered during the revision period; or

    • (b) the elector has obtained a registration certificate in accordance with subsection 169(3).

  • Marginal note:Procedure by poll clerk

    (3) If an elector whose name does not appear on the revised list of electors has voted, the poll clerk shall indicate on the prescribed form that the elector has voted in accordance with subsection (2).

  • 2000, c. 9, s. 173;
  • 2007, c. 21, s. 32.
Marginal note:Duties of deputy returning officer
  •  (1) If an elector whose name is on the list of electors makes a request to vote at an advance polling station that is established for his or her polling division, the deputy returning officer shall permit the elector to vote unless

    • (a) the elector fails to prove his or her identity and residence in accordance with section 143 or to take an oath otherwise required by this Act; or

    • (b) the person refuses to sign the record of votes cast at an advance polling station referred to in subsection (2), as directed by the poll clerk under that subsection.

  • Marginal note:Record of votes cast

    (2) The poll clerk at the advance polling station shall, under the direction of the deputy returning officer, keep a record in duplicate, in the prescribed form, of the names of all persons who vote at the advance polling station, in the order in which they vote, and shall

    • (a) mark on the record the notations that the poll clerk is required by this Act to make opposite an elector’s name at a polling station on polling day; and

    • (b) direct the elector to sign the record opposite his or her name.

  • 2000, c. 9, s. 174;
  • 2007, c. 21, s. 33;
  • 2014, c. 12, s. 57.
Marginal note:Examining and sealing of ballot box
  •  (1) At the opening of an advance polling station at noon on each of the four days of advance polling, the deputy returning officer shall, in full view of the candidates or their representatives who are present,

    • (a) open the ballot box provided for that day and ascertain that it is empty;

    • (b) seal the ballot box with the seals provided by the Chief Electoral Officer; and

    • (c) place the ballot box on a table in full view of all present and keep it there until the close of the advance polling station on that day.

  • Marginal note:Close of advance poll — each day

    (2) At the close of an advance polling station at 8:00 p.m. on each of the 1st, 2nd and 3rd days of advance polling, the deputy returning officer shall, in full view of the candidates or their representatives who are present,

    • (a) unseal and open the ballot box;

    • (b) empty the ballots cast during that day, in a manner that does not disclose for whom any elector has voted, into the envelope supplied for the purpose, seal the envelope with the seal provided by the Chief Electoral Officer and indicate on it the number of ballots contained in it;

    • (c) count the spoiled ballots, place them in the envelope supplied for the purpose, seal the envelope and indicate on it the number of spoiled ballots contained in it;

    • (d) count the unused ballots and the number of electors who have voted at the advance polling station and place the unused ballots and a copy of the record of votes cast at the advance polling station in the envelope supplied for the purpose, seal the envelope with the seal provided by the Chief Electoral Officer and indicate on it the number of unused ballots contained in it and the number of electors who have voted;

    • (e) place the envelopes referred to in paragraphs (b) and (c) in the ballot box after the signatures have been made as described in subsection (4), and seal the ballot box; and

    • (f) after the signatures have been made as described in subsection (4), place the envelope referred to in paragraph (d) in a box provided by the Chief Electoral Officer and seal the box with a seal provided by the Chief Electoral Officer.

  • Marginal note:Close of advance poll — last day

    (3) At the close of an advance polling station at 8:00 p.m. on the 4th day of advance polling, the deputy returning officer shall, in full view of the candidates or their representatives who are present,

    • (a) unseal and open the ballot box;

    • (b) empty the ballots cast during that day, in a manner that does not disclose for whom any elector has voted, into the envelope supplied for the purpose, seal the envelope with the seal provided by the Chief Electoral Officer and indicate on it the number of ballots contained in it;

    • (c) count the spoiled ballots, place them in the envelope supplied for the purpose, seal the envelope and indicate on it the number of spoiled ballots contained in it;

    • (d) count the unused ballots and the number of electors who have voted at the advance polling station and place the unused ballots and a copy of the record of votes cast at the advance polling station in the envelope supplied for the purpose, seal the envelope with the seal provided by the Chief Electoral Officer and indicate on it the number of unused ballots contained in it and the number of electors who have voted; and

    • (e) place the envelopes referred to in paragraphs (b) to (d) in the ballot box after the signatures have been made as described in subsection (4), and seal the ballot box.

  • Marginal note:Affixing of signatures

    (4) The deputy returning officer and poll clerk shall place their signatures on the seals affixed to the envelopes referred to in paragraphs (2)(b) to (d) and (3)(b) to (d). The candidates or their representatives who are present may also place their signatures on the seals.

  • Marginal note:Re-opening of advance poll

    (5) At the re-opening of an advance polling station at noon on the 2nd, 3rd and 4th days of advance polling, the deputy returning officer shall, in full view of the candidates or their representatives who are present,

    • (a) unseal and open the box referred to in paragraph (2)(f) that was used on the previous day of advance polling, take out and open the envelope that contains the unused ballots and the record of votes cast at the advance polling station and dispose of the box; and

    • (b) open, seal and place a new ballot box in accordance with paragraphs (1)(a) to (c).

  • Marginal note:Custody of ballot box

    (6) In the intervals between voting hours at the advance polling station and until the counting of the ballots on polling day, the deputy returning officer shall keep the sealed ballot boxes in his or her custody.

  • Marginal note:Recovery of ballot box

    (7) Despite subsection (6), the returning officer may recover any ballot box that is in a deputy returning officer’s custody if the Chief Electoral Officer, being of the opinion that such action is necessary to ensure the integrity of the vote, directs the returning officer to do so.

  • Marginal note:Candidates may check seals

    (8) When an advance polling station closes on each of the four days of advance polling, the candidates or their representatives may take note of the serial number of the seal on the ballot box, and on the box referred to in paragraph (2)(f) that is used on that day, if any. When the advance polling station is re-opened on the 2nd, 3rd and 4th days of advance polling, they may again take note of the serial number of the seal on the box referred to in paragraph (2)(f) that was used on the previous day of voting. When the votes are counted on polling day, they may take note of the serial number of the seal on each of the ballot boxes used for advance polling.

  • 2000, c. 9, s. 175;
  • 2014, c. 12, s. 58.
Marginal note:Collecting the record of votes cast at an advance polling station
  •  (1) As soon as possible after the close of advance polling stations on Monday, the 7th day before polling day, the returning officer shall have the original copy of the record of votes cast collected from the advance polling stations.

  • Marginal note:Crossing off names of voters at advance polls from lists

    (2) Without delay after the returning officer collects the records of votes cast at advance polling stations, he or she shall cross off the lists of electors the names of all electors who voted at the advance polling stations.

  • Marginal note:When lists already distributed

    (3) If an official list of electors is sent to a polling station containing the names of electors that appear in the record of votes cast at an advance polling station as having already voted, the returning officer shall instruct the deputy returning officer to cross their names off the list, and the deputy returning officer shall do so without delay.

PART 11SPECIAL VOTING RULES

Interpretation and Application

Marginal note:Definitions

 The definitions in this section apply in this Part.

“administrative centre”

« centre administratif »

“administrative centre” means an area established under section 180 for the distribution of materials and the provision of information.

“application for registration and special ballot”

« demande d’inscription et de bulletin de vote spécial »

“application for registration and special ballot” means an application completed by an elector, other than a Canadian Forces elector, in order to vote under this Part.

“Canadian Forces elector”

« électeur des Forces canadiennes »

“Canadian Forces elector” means an elector who is entitled to vote under Division 2.

“commanding officer”

« commandant »

“commanding officer” means the commanding officer of a unit.

“coordinating officer”

« agent coordonnateur »

“coordinating officer” means the person so designated by the Minister of National Defence under subsection 199(1) or a person so designated by the minister responsible for corrections in a province under section 246.

“deputy returning officer”

« scrutateur »

“deputy returning officer” means an elector so designated in accordance with this Part by a commanding officer or returning officer.

“incarcerated elector”

« électeur incarcéré »

“incarcerated elector” means an elector who is incarcerated in a correctional institution.

“inner envelope”

« enveloppe intérieure »

“inner envelope” means an envelope that is supplied by the Chief Electoral Officer in which a ballot is to be enclosed after it has been marked.

“liaison officer”

« agent de liaison »

“liaison officer” means a Canadian Forces elector designated under section 201 or a person appointed under subsection 248(1).

“outer envelope”

« enveloppe extérieure »

“outer envelope” means an envelope that is supplied by the Chief Electoral Officer for the transmission of a ballot after it has been marked and enclosed in an inner envelope.

“special ballot”

« bulletin de vote spécial »

“special ballot” means a ballot, other than a ballot referred to in section 241, that is supplied to an elector who is entitled to vote under this Part.

“special ballot officer”

« agent des bulletins de vote spéciaux »

“special ballot officer” means a person who is appointed by the Chief Electoral Officer under section 183 or 184.

“special voting rules administrator”

« administrateur des règles électorales spéciales »

“special voting rules administrator” means a person who is appointed under section 181.

“statement of ordinary residence”

« déclaration de résidence habituelle »

“statement of ordinary residence” means a statement completed under section 194 or 195.

“unit”

« unité »

“unit” has the same meaning as in subsection 2(1) of the National Defence Act and includes a base or other element.

“voting territory”

« territoire de vote »

“voting territory” means an area that is established by or under section 180.

Marginal note:Application
  •  (1) The voting procedures contained in this Part apply to general elections only.

  • Marginal note:Exception

    (2) The Chief Electoral Officer may, by instructions, adapt this Part so that any or all of its provisions apply to a by-election.

Marginal note:Instructions

 For the purpose of applying this Part to, or adapting any provision of this Part in respect of, a particular circumstance, the Chief Electoral Officer may issue any instructions that he or she considers necessary in order to execute its intent.

Division 1Administration and General Procedures

Marginal note:Establishment of voting territories

 For the purpose of this Part, a voting territory with headquarters in Ottawa is hereby established. The Chief Electoral Officer may establish any additional voting territories or administrative centres in or outside Canada that he or she considers appropriate.

Marginal note:Appointment of special voting rules administrator

 The Chief Electoral Officer shall appoint, in the prescribed form, a special voting rules administrator.

Marginal note:Duties of special voting rules administrator

 The special voting rules administrator shall

  • (a) secure suitable premises;

  • (b) retain the oath of office of each special ballot officer;

  • (c) obtain from the liaison officers the lists prepared under paragraph 204(1)(b);

  • (d) obtain from the liaison officers the lists of the names of deputy returning officers that the commanding officers are required to provide;

  • (e) distribute the election materials and the list of candidates;

  • (f) receive, validate, examine and sort the completed outer envelopes that contain special ballots marked by electors;

  • (g) proceed with the counting of the votes of electors; and

  • (h) communicate the results of the votes cast in accordance with this Part.

Marginal note:Special ballot officers
  •  (1) After the issue of the writs, the Chief Electoral Officer shall appoint a minimum of six special ballot officers as follows:

    • (a) three, on the recommendation of the Prime Minister or a person whom the Prime Minister designates in writing;

    • (b) two, on the recommendation of the Leader of the Opposition or a person whom that Leader designates in writing; and

    • (c) one, on the recommendation of the Leader of the registered party that has the third largest number of members in the House of Commons as of the last general election, or a person whom that Leader designates in writing.

  • Marginal note:Appointment of special ballot officers

    (2) A special ballot officer shall be appointed in the prescribed form.

Marginal note:Appointment of additional special ballot officers
  •  (1) If the Chief Electoral Officer is of the opinion that the number of special ballot officers appointed under section 183 is insufficient, the Chief Electoral Officer shall appoint additional special ballot officers on recommendations that are, as nearly as possible, in accordance with subsection 183(1).

  • Marginal note:Decision of Chief Electoral Officer

    (2) If the registered parties do not nominate the additional special ballot officers under subsection (1) within 24 hours after notification by the Chief Electoral Officer, the Chief Electoral Officer shall make the appointments from among individuals that he or she selects.

Marginal note:Merger of parties
  •  (1) In the case of a merger of two or more of the registered parties that are represented by the Prime Minister, the Leader of the Opposition or the Leader of the registered party that has the third largest number of members in the House of Commons as of the last general election, the person who may recommend special ballot officers under paragraph 183(1)(c) is the leader of the registered party with the largest number of members in the House of Commons as of the last general election among registered parties other than those three.

  • Marginal note:Decision of Chief Electoral Officer

    (2) In the case of a merger referred to in subsection (1), if there is no registered party whose leader may nominate special ballot officers under paragraph 183(1)(c), the Chief Electoral Officer shall make the appointments from among individuals that he or she considers appropriate.

Marginal note:Form of special ballots

 Special ballots supplied by the Chief Electoral Officer to electors under this Part shall be in accordance with Form 4 of Schedule 1.

Marginal note:List of candidates

 The Chief Electoral Officer shall establish a list of candidates nominated in each electoral district and, in accordance with section 117, set out the political affiliation of each of them.

Marginal note:Delivery of list of candidates

 Without delay after a list of candidates is established under section 187, the Chief Electoral Officer shall deliver a sufficient number of copies of it to the liaison officers.

Marginal note:Distribution of election materials, etc.

 The special voting rules administrator shall distribute to commanding officers and, as the special voting rules administrator considers appropriate, to any other person or to any place

  • (a) without delay after the writs are issued, a sufficient quantity of election materials, including street indexes and guides to electoral districts for the purpose of determining in which electoral district an elector is entitled to vote; and

  • (b) without delay after a list of candidates is established under section 187, a sufficient number of copies of it.

Division 2Canadian Forces Electors

Definitions

Marginal note:Definitions

 The definitions in this section apply in this Division.

“elector”

« électeur »

“elector” means a person who is a Canadian Forces elector under section 191.

“voting period”

« période de scrutin »

“voting period” means the period beginning 14 days before polling day and ending 9 days before polling day.

Voting Entitlement and Electoral Districts

Marginal note:Canadian Forces electors

 Any of the following persons is a Canadian Forces elector if he or she is qualified as an elector under section 3 and is not disentitled from voting at an election under section 4:

  • (a) a member of the regular force of the Canadian Forces;

  • (b) a member of the reserve force of the Canadian Forces on full-time training or service or on active service;

  • (c) a member of the special force of the Canadian Forces; and

  • (d) a person who is employed outside Canada by the Canadian Forces as a teacher in, or as a member of the administrative support staff for, a Canadian Forces school.

Marginal note:Voting limited to electoral district of ordinary residence

 An elector is only entitled to vote under this Division for a candidate in the electoral district that includes the place of ordinary residence that the elector has named in his or her statement of ordinary residence.

Marginal note:Voting in actual place of ordinary residence

 An elector who has not voted under this Division may vote at the polling station established for the polling division of the elector’s place of ordinary residence named in section 192 but only if he or she ordinarily resides in the electoral district referred to in that section as of polling day.

Statement of Ordinary Residence

Marginal note:Completion on enrolment, etc.
  •  (1) In order to vote under this Division, a person shall, without delay after becoming an elector described in paragraph 191(a), (c) or (d) by virtue of his or her being enrolled in or hired by the Canadian Forces, complete a statement of ordinary residence in the prescribed form that indicates

    • (a) his or her surname, given names, sex and rank;

    • (b) his or her date of birth;

    • (c) the civic address of his or her place of ordinary residence in Canada immediately before the enrolment or hiring; and

    • (d) his or her current mailing address.

  • Marginal note:Completion on becoming ordinarily resident

    (2) A person who cannot complete a statement of ordinary residence under subsection (1) because he or she did not have a place of ordinary residence in Canada when enrolled in or hired by the Canadian Forces shall, without delay after being able to indicate a place referred to in paragraph (4)(a) or (b) as his or her place of ordinary residence, complete a statement of ordinary residence in accordance with subsection (1), indicating that place as his or her place of ordinary residence.

  • Marginal note:Members of Canadian Forces not entitled to vote

    (3) A person who was not qualified as an elector at an election when enrolled in or hired by the Canadian Forces shall, without delay after becoming qualified, complete a statement of ordinary residence in accordance with subsection (1) that indicates a place of ordinary residence described in subsection (4).

  • Marginal note:Change of ordinary residence, etc.

    (4) An elector may amend the information in his or her statement of ordinary residence and may indicate as a place of ordinary residence the civic address of

    • (a) the place of ordinary residence of the spouse, the common-law partner, a relative or a dependant of the eligible elector, a relative of his or her spouse or common-law partner or a person with whom the elector would live but for his or her being enrolled in or hired by the Canadian Forces;

    • (b) the place where the member is residing by reason of his or her performance of services as a member of the Canadian Forces; or

    • (c) the elector’s place of ordinary residence immediately before being enrolled in or hired by the Canadian Forces.

  • Marginal note:When no statement completed

    (5) An elector described in subsection (1), (2) or (3) who has not completed a statement of ordinary residence in accordance with subsection (1) may do so at any time.

  • Marginal note:Coming into force of amendments

    (6) An amendment to a statement of ordinary residence takes effect

    • (a) if it is made during an election period, 14 days after polling day; and

    • (b) if it is made at any other time, 60 days after the commanding officer of the elector’s unit receives it.

  • Marginal note:Optional information

    (7) In addition to the information specified in subsection (1), the Chief Electoral Officer may invite the elector to provide other information that the Chief Electoral Officer considers necessary to implement agreements made under section 55, but the elector is not required to provide that information.

  • 2000, c. 9, s. 194, c. 12, s. 40.
Marginal note:Completion by reserve member not on active service
  •  (1) A member of the reserve force of the Canadian Forces who is not on active service and who, at any time during the period beginning on the issue of the writs and ending on the Saturday immediately before polling day, is on full-time training or service, shall complete a statement of ordinary residence in the prescribed form that indicates

    • (a) the member’s surname, given names, sex and rank;

    • (b) the member’s date of birth;

    • (c) the civic address of the member’s place of ordinary residence in Canada immediately before that full-time training or service began; and

    • (d) the member’s current mailing address.

  • Marginal note:Completion by reserve member on active service

    (2) Every member of the reserve force of the Canadian Forces who is placed on active service, other than a member who immediately before being placed on active service was on full-time training or service and completed a statement of ordinary residence in accordance with subsection (1) after that full-time training or service began, shall complete a statement of ordinary residence in the same form as in subsection (1) that indicates

    • (a) the member’s surname, given names, sex and rank;

    • (b) the member’s date of birth;

    • (c) the civic address of the member’s place of ordinary residence in Canada immediately before the member was placed on active service; and

    • (d) the member’s current mailing address.

  • Marginal note:Members of reserve force not entitled to vote

    (3) A member of the reserve force of the Canadian Forces referred to in subsection (1) or (2) who was not qualified as an elector at an election while on full-time training or service shall, without delay after becoming qualified, complete a statement of ordinary residence in accordance with subsection (1) or (2), as the case may be, that indicates a place of ordinary residence described in subsection (4).

  • Marginal note:Change of ordinary residence, etc.

    (4) An elector may amend the information in his or her statement of ordinary residence and may indicate as a place of ordinary residence the civic address of

    • (a) the place of ordinary residence of a person with whom the elector would live but for his or her being on training or service or a person designated by the elector as next of kin;

    • (b) the place where the elector is residing by reason of his or her being on training or service; or

    • (c) the elector’s place of ordinary residence immediately before being on training or service.

  • Marginal note:When no statement completed

    (5) An elector described in subsection (1), (2) or (3) who has not completed a statement of ordinary residence in accordance with subsection (1) or (2), as the case may be, may do so at any time.

  • Marginal note:Coming into force of amendments

    (6) An amendment to a statement of ordinary residence takes effect

    • (a) if it is made during an election period, 14 days after polling day; and

    • (b) if it is made at any other time, 60 days after the commanding officer of the elector’s unit receives it.

  • Marginal note:Optional information

    (7) In addition to the information specified in subsection (1), the Chief Electoral Officer may invite the member to provide other information that the Chief Electoral Officer considers necessary to implement agreements made under section 55, but the member is not required to provide that information.

Marginal note:Statement to be sent to Chief Electoral Officer
  •  (1) The original of a statement of ordinary residence of an elector, other than a statement completed under section 195, shall be sent to the Chief Electoral Officer and a copy of that original shall be kept in the unit in which the elector is serving.

  • Marginal note:Validation

    (2) On receiving the statement of ordinary residence, the Chief Electoral Officer shall

    • (a) validate it by indicating on it the name of the electoral district that includes the place of ordinary residence shown in the statement; and

    • (b) return it to the commanding officer of the unit in which the elector is serving.

  • Marginal note:Retention of validated statement

    (3) On receiving the statement of ordinary residence, the commanding officer shall destroy the copy kept under subsection (1) and keep the validated original with the elector’s unit service documents.

  • Marginal note:Prior statements to be destroyed

    (4) On receiving the validated statement of ordinary residence, the commanding officer may destroy any other original or copy of a statement of ordinary residence that was filed with the elector’s unit service documents.

Marginal note:Filing of reservists’ statements

 A statement of ordinary residence completed by a member of the reserve force of the Canadian Forces under section 195 shall be filed with the unit in which the member is on full-time training or service or active service, as the case may be.

Marginal note:Retention of statements

 Statements of ordinary residence shall be retained for a period of one year after a person ceases to be entitled to vote under this Division and may be destroyed at the end of that period.

Coordinating Officer

Marginal note:Designation
  •  (1) The Minister of National Defence shall designate a person as a coordinating officer to work, during and between elections, with the Chief Electoral Officer in carrying out the purposes and provisions of this Division.

  • Marginal note:Duties

    (2) The coordinating officer shall, on request, provide to the Chief Electoral Officer the following information relating to each elector:

    • (a) the elector’s surname, given names, sex and rank;

    • (b) the elector’s date of birth;

    • (c) the civic address of the elector’s place of ordinary residence indicated on any validated statement of ordinary residence; and

    • (d) the elector’s current mailing address.

Steps to Prepare for Vote

Marginal note:Duties of Chief Electoral Officer

 Without delay after the issue of the writs, the Chief Electoral Officer shall inform the Minister of National Defence and the coordinating officer of their issue and of the location of voting territories and administrative centres.

Marginal note:Duties of Minister of National Defence

 On being informed of the issue of the writs, the Minister of National Defence shall designate one or more electors to act as liaison officers for the vote.

Marginal note:Duties of coordinating officer

 On being informed of the issue of the writs, the coordinating officer shall

  • (a) inform each commanding officer of their issue; and

  • (b) inform the Chief Electoral Officer of the name and address of each liaison officer.

Marginal note:Duty of liaison officers to communicate with unit
  •  (1) On being designated, a liaison officer shall communicate with each commanding officer in respect of whose unit the liaison officer has liaison duties, with respect to any matter that relates to the vote.

  • Marginal note:Duty to cooperate with Chief Electoral Officer

    (2) A liaison officer shall cooperate with the Chief Electoral Officer in the administration of the vote.

Duties of Commanding Officers

Marginal note:Notice
  •  (1) On being informed of the issue of the writs, each commanding officer shall

    • (a) publish a notice as a part of unit orders; and

    • (b) prepare a list of the names of the electors of his or her unit.

  • Marginal note:Contents of notice

    (2) The notice shall notify electors that an election has been called and of the date of polling day and shall inform the electors that

    • (a) they may vote in accordance with this Division; and

    • (b) the commanding officer will designate one or more deputy returning officers to collect their votes and fix the voting times during the voting period.

  • Marginal note:Contents of list

    (3) The list shall be arranged alphabetically and shall indicate each elector’s surname, given names, sex and rank, and

    • (a) if the elector’s statement of ordinary residence has been validated, the name of the elector’s electoral district; or

    • (b) if the elector’s statement of ordinary residence has not been validated, the place of ordinary residence as indicated in the statement of ordinary residence.

Marginal note:Duties of commanding officer
  •  (1) Within seven days after being informed of the issue of the writs, each commanding officer shall

    • (a) establish polling stations;

    • (b) designate an elector as the deputy returning officer for each polling station;

    • (c) through a liaison officer, provide the Chief Electoral Officer with a list of the designated deputy returning officers and their ranks, and sufficient copies of the list of electors for the unit; and

    • (d) provide the designated deputy returning officers with a copy of the list of electors for the unit.

  • Marginal note:Facilities

    (2) Each commanding officer shall provide the facilities that are necessary to enable the electors to vote in accordance with this Division.

  • Marginal note:Voting times

    (3) Each commanding officer shall fix the voting times so that the polling stations in his or her unit are open for at least three hours a day on at least three days during the voting period.

Marginal note:Mobile polling station
  •  (1) A commanding officer may establish a mobile polling station in any area for the purpose of collecting the votes of electors who cannot conveniently reach polling stations established at their unit.

  • Marginal note:Opening period

    (2) A mobile polling station shall remain in an area and be open for the collection of votes for the days and hours during the voting period that the commanding officer considers necessary to give electors in the area a reasonable opportunity to vote.

Marginal note:Joint polling stations

 The commanding officers of units that are in the same locality may establish one polling station for all electors in their units, if the commanding officers consider that it would be expedient for the purposes of this Division.

Marginal note:Notice of polling stations and voting times

 During each of three or more days before the voting period and on each day on which the vote is held, each commanding officer shall publish in his or her unit’s orders and put in a conspicuous place a notice that states

  • (a) the days on which the electors may vote;

  • (b) the precise location of, and the voting hours at, each polling station, other than a mobile polling station; and

  • (c) in the case of a mobile polling station, its location and the anticipated period during which it is to remain at that location.

Marginal note:Election materials

 On receiving election materials and the list of candidates, each commanding officer shall

  • (a) distribute the materials in sufficient quantities to the designated deputy returning officers; and

  • (b) post copies of the list in conspicuous places.

Voting

Marginal note:Duties of deputy returning officer

 During the voting period, a deputy returning officer for a unit shall, at each polling station,

  • (a) put in conspicuous places two or more copies of voting instructions provided by the Chief Electoral Officer and relating to the vote under this Division in the prescribed form; and

  • (b) keep available for consultation by the electors one copy of this Part, one set of street indexes, one guide to electoral districts and one list of candidates.

Marginal note:Representative of registered party

 A Canadian citizen may represent a registered party at a polling station if he or she provides the deputy returning officer with an authorization in the prescribed form signed by a candidate for the party.

Marginal note:Completion of certain documents

 Before delivering a special ballot to an elector, a deputy returning officer shall require the elector to complete a statement of ordinary residence, if none has been placed in the elector’s unit service documents, and to make and sign the declaration on the outer envelope.

Marginal note:Provision of special ballot, etc.
  •  (1) A deputy returning officer shall, on completion of the documents referred to in section 212, give the elector a special ballot, an inner envelope and the outer envelope signed by the elector.

  • Marginal note:Voting on special ballot

    (2) The elector shall use the special ballot to vote by writing on it, in private, the name of the candidate of his or her choice, folding the special ballot and, in the presence of the deputy returning officer,

    • (a) placing the folded special ballot in the inner envelope and sealing the envelope; and

    • (b) placing the inner envelope in the outer envelope and sealing the outer envelope.

  • Marginal note:Writing candidate’s name

    (3) The candidate shall be indicated on a special ballot by writing the candidate’s given name or initials and surname. If two or more candidates have the same name, their political affiliations shall be indicated.

  • Marginal note:Spoiled special ballot

    (4) If an elector has inadvertently handled a special ballot in such a manner that it cannot be used, the elector shall return it to the deputy returning officer who shall mark it as spoiled and give an additional special ballot to the elector.

  • Marginal note:Limit

    (5) An elector shall not be given more than one special ballot under subsection (4).

Marginal note:Return of vote — information
  •  (1) The deputy returning officer shall inform an elector that, in order to be counted, the outer envelope must be received by the special voting rules administrator in Ottawa not later than 6:00 p.m. on polling day. The deputy returning officer shall inform the elector of the location of the nearest post office or mail box and of the service provided by the Canadian Forces to deliver the outer envelope.

  • Marginal note:Sending the outer envelope

    (2) If the elector does not use the delivery service provided by the Canadian Forces, it is the elector’s responsibility to ensure that the outer envelope is sent to the special voting rules administrator.

  • Marginal note:Postage

    (3) If the elector chooses to use a postal service, the deputy returning officer must ensure that sufficient postage is affixed to the outer envelope.

Marginal note:Voting by deputy returning officer

 A deputy returning officer who is qualified to vote may vote in accordance with this Division.

Marginal note:Assistance
  •  (1) If an elector is, because of a physical disability, unable to vote in the manner described in this Division, the deputy returning officer shall assist him or her by

    • (a) completing the declaration on the outer envelope and writing the elector’s name where his or her signature is to be written; and

    • (b) marking the special ballot as directed by the elector in his or her presence and in the presence of another elector selected by the elector as a witness.

  • Marginal note:Note and keeping vote secret

    (2) The deputy returning officer and an elector acting as a witness shall

    • (a) sign a note on the outer envelope indicating that the elector was assisted; and

    • (b) keep secret the name of the candidate for whom the elector voted.

Marginal note:Hospitalized or convalescing elector
  •  (1) An elector who is a patient in a service hospital or convalescent institution during the voting times fixed for the polling stations in his or her unit is deemed to be a member of the unit under the command of the officer in charge of the hospital or institution.

  • Marginal note:Deputy returning officer for hospitalized electors

    (2) If no deputy returning officer has been designated for a service hospital or convalescent institution, the deputy returning officer for the unit to which the hospital or institution belongs is the deputy returning officer for electors who are patients in the hospital or institution.

  • Marginal note:Bed-ridden electors

    (3) A deputy returning officer for electors who are patients in a service hospital or convalescent institution may, if that officer considers it advisable and the commanding officer for the unit approves, go from room to room to administer and collect the votes of electors who are confined to bed.

Marginal note:Duty, leave or furlough

 An elector who provides satisfactory evidence of their absence from their unit during the voting times fixed for the polling stations in his or her unit because of duty, leave or furlough may apply to a deputy returning officer of another unit to vote at that officer’s polling station.

Marginal note:End of voting period — delivery of documents
  •  (1) At the end of the voting period, the deputy returning officer for a unit shall deliver to the unit’s commanding officer

    • (a) the outer envelopes that contain the marked special ballots;

    • (b) any unused or spoiled outer envelopes;

    • (c) any unused or spoiled special ballots and unused inner envelopes; and

    • (d) in a separate and clearly identified parcel, every statement of ordinary residence completed at the time of voting.

  • Marginal note:Duties of commanding officer

    (2) On receipt of the documents referred to in subsection (1), the commanding officer shall

    • (a) deal with the originals and copies of the statements of ordinary residence in accordance with this Division; and

    • (b) deliver to the Chief Electoral Officer all other documents and election materials received from the deputy returning officers.

Division 3Electors Temporarily Resident Outside Canada

Marginal note:Definitions

 The definitions in this section apply in this Division.

“elector”

« électeur »

“elector” means an elector, other than a Canadian Forces elector, who resides temporarily outside Canada.

“register”

« registre »

“register” means the register referred to in subsection 222(1).

Marginal note:Inclusion in register of electors temporarily resident outside Canada

 An elector may vote under this Division if his or her application for registration and special ballot is received in Ottawa by 6:00 p.m. on the 6th day before polling day and his or her name is entered on the register.

Marginal note:Register of electors
  •  (1) The Chief Electoral Officer shall maintain a register of electors who are temporarily resident outside Canada in which is entered the name, date of birth, civic and mailing addresses, sex and electoral district of each elector who has filed an application for registration and special ballot and who

    • (a) at any time before making the application, resided in Canada;

    • (b) has been residing outside Canada for less than five consecutive years immediately before making the application; and

    • (c) intends to return to Canada to resume residence in the future.

  • Marginal note:Exception

    (2) Paragraph (1)(b) does not apply to an elector who is

    • (a) employed outside Canada in the federal public administration or the public service of a province;

    • (b) employed outside Canada by an international organization of which Canada is a member and to which Canada contributes;

    • (c) a person who lives with an elector referred to in paragraph (a) or (b); or

    • (d) a person who lives with a member of the Canadian Forces or with a person referred to in paragraph 191(d).

  • 2000, c. 9, s. 222;
  • 2003, c. 22, s. 103.
Marginal note:Inclusion in register
  •  (1) An application for registration and special ballot may be made by an elector. It shall be in the prescribed form and shall include

    • (a) satisfactory proof of the elector’s identity;

    • (b) if paragraph 222(1)(b) does not apply in respect of the elector, proof of the applicability of an exception set out in subsection 222(2);

    • (c) the elector’s date of birth;

    • (d) the date the elector left Canada;

    • (e) the address of the elector’s last place of ordinary residence in Canada before he or she left Canada or the address of the place of ordinary residence in Canada of the spouse, the common-law partner or a relative of the elector, a relative of the elector’s spouse or common-law partner, a person in relation to whom the elector is a dependant or a person with whom the elector would live but for his or her residing temporarily outside Canada;

    • (f) the date on which the elector intends to resume residence in Canada;

    • (g) the elector’s mailing address outside Canada; and

    • (h) any other information that the Chief Electoral Officer considers necessary to determine the elector’s entitlement to vote or the electoral district in which he or she may vote.

  • Marginal note:Optional information

    (2) In addition to the information specified in subsection (1), the Chief Electoral Officer may request that the elector provide other information that the Chief Electoral Officer considers necessary for implementing agreements made under section 55, but the elector is not required to provide that information.

  • 2000, c. 9, s. 223, c. 12, s. 40.
Marginal note:Prohibition — change of address

 The address chosen as the place of ordinary residence in Canada in the application for registration and special ballot cannot be changed after the elector’s name is entered in the register.

Marginal note:Information to be provided

 The Chief Electoral Officer may require an elector whose name appears in the register to provide, within the time fixed by the Chief Electoral Officer, any information that is necessary to update the register.

Marginal note:Deletion of names from register

 The Chief Electoral Officer shall delete from the register the name of an elector who

  • (a) does not provide the information referred to in section 225 within the time fixed by the Chief Electoral Officer;

  • (b) makes a signed request to the Chief Electoral Officer to have his or her name deleted from the register;

  • (c) has died and concerning whom a request has been received to have the elector’s name deleted from the register, to which request is attached a death certificate or other documentary evidence of the death;

  • (d) returns to Canada to reside;

  • (e) cannot be contacted; or

  • (f) except for an elector to whom any of paragraphs 222(2)(a) to (d) applies, has resided outside Canada for five consecutive years or more.

Marginal note:Sending of special ballot and envelopes
  •  (1) After approving an application for registration and special ballot and after the issue of the writs, the Chief Electoral Officer shall send a special ballot, an inner envelope and an outer envelope to every elector whose name is entered in the register, at the address referred to in paragraph 223(1)(g).

  • Marginal note:Voting by special ballot

    (2) An elector shall vote by special ballot by

    • (a) writing the name of the candidate of his or her choice on the ballot;

    • (b) placing the ballot in the inner envelope and sealing it;

    • (c) placing the inner envelope in the outer envelope; and

    • (d) signing the declaration on the outer envelope and sealing it.

  • Marginal note:Writing candidate’s name

    (3) The candidate shall be indicated on a special ballot by writing the candidate’s given name or initials and surname. If two or more candidates have the same name, their political affiliation shall be indicated.

Marginal note:Sending of outer envelope

 An elector shall send the sealed outer envelope to the Chief Electoral Officer

  • (a) by mail or any other means; or

  • (b) by delivering it to a Canadian Embassy, Canadian High Commission or Canadian Consular Office, to a Canadian Forces base or to any place that the Chief Electoral Officer may designate.

Marginal note:Deadline for return of vote

 The special ballot must arrive at the office of the Chief Electoral Officer in Ottawa not later than 6:00 p.m. on polling day in order to be counted.

Marginal note:Responsibilities of elector

 For the purpose of this Division, an elector has the sole responsibility to ensure that

  • (a) his or her application for registration and special ballot is made within the period specified; and

  • (b) his or her special ballot is received within the period specified to be counted.

Division 4Electors Residing in Canada

Definition of “elector”

 For the purpose of this Division, “elector” means an elector, other than a Canadian Forces elector or an incarcerated elector, who resides in Canada and who wishes to vote in accordance with this Division.

Marginal note:Conditions for voting by special ballot

 An elector may vote under this Division if his or her application for registration and special ballot is received after the issue of the writs and before 6:00 p.m. on the 6th day before polling day

  • (a) by a returning officer in an electoral district; or

  • (b) by the special voting rules administrator.

Marginal note:Information required for application
  •  (1) The application for registration and special ballot shall be in the prescribed form and shall include the following information:

    • (a) the elector’s name and place of ordinary residence;

    • (b) the elector’s date of birth;

    • (c) satisfactory proof of the elector’s identity and residence;

    • (d) the elector’s mailing address; and

    • (e) any other information that the Chief Electoral Officer considers necessary to determine the elector’s entitlement to vote or the electoral district in which he or she may vote.

  • Marginal note:Electors in danger

    (1.1) An elector who would be under reasonable apprehension of bodily harm if he or she were to indicate the mailing address of his or her dwelling place for the purpose of paragraph (1)(d) may apply to the returning officer or special voting rules administrator to use another address for that purpose. The returning officer or special voting rules administrator, unless he or she considers that it would not be in the public interest to do so, shall grant the application and shall not reveal that other address except as required to send the special ballot to the elector. For greater certainty, the granting of the application does not change the elector’s place of ordinary residence for the purposes of this Act.

  • Marginal note:Optional information

    (2) In addition to the information specified in subsection (1), the Chief Electoral Officer may request that the elector provide other information that the Chief Electoral Officer considers necessary to implement agreements made under section 55, but the elector is not required to provide that information.

  • Marginal note:Information provided

    (3) An elector who makes an application for registration and special ballot shall indicate whether his or her name is already on a list of electors.

  • 2000, c. 9, s. 233;
  • 2014, c. 12, s. 59.
Marginal note:Name of elector previously included on list of electors
  •  (1) The special voting rules administrator shall inform the returning officer of any elector whose name is on a list of electors for the returning officer’s electoral district and who has received a special ballot from another electoral district. The returning officer shall indicate on the list of electors that the elector has received a special ballot.

  • Marginal note:Name of elector not previously included on list

    (2) If an elector’s name is not already included on a list of electors, the special voting rules administrator shall so inform the returning officer for the electoral district in which the elector is to vote by special ballot. The returning officer shall enter the elector’s name on the list of electors for the appropriate polling division in that electoral district and shall indicate that the elector has received a special ballot.

Marginal note:Vote by special ballot only

 Once an elector’s application for registration and special ballot has been accepted, the elector may only vote under this Division.

Marginal note:Note on the list of electors

 If an elector applies for registration and special ballot in his or her electoral district, the returning officer shall, if necessary, add the elector’s name to the appropriate list of electors and shall indicate on the list that the elector has received a ballot in accordance with this Division.

Marginal note:Provision of ballot

 Subject to section 237.1, on acceptance of an elector’s application for registration and special ballot, the elector shall be given a special ballot, or, if section 241 applies, a ballot, an inner envelope and an outer envelope.

  • 2000, c. 9, s. 237;
  • 2014, c. 12, s. 60.
Marginal note:Proof of identity and residence
  •  (1) If an elector goes to the office of a returning officer to receive his or her ballot or special ballot, then before receiving it the elector shall prove his or her identity and residence in accordance with section 143.

  • Marginal note:Presence of candidate or representative

    (2) A candidate or their representative may be present at the office when the elector

    • (a) receives the ballot;

    • (b) places the folded ballot in the inner envelope and seals it; and

    • (c) places the inner envelope in the outer envelope and seals it.

  • Marginal note:Examination of identification documents

    (3) The candidate or representative may examine but not handle any piece of identification provided by the elector.

  • Marginal note:Prohibition — attesting to residence of more than one elector

    (3.1) No elector shall attest to the residence of more than one elector at an election.

  • Marginal note:Prohibition — attesting to residence (own residence attested to)

    (3.2) No elector whose own residence has been attested to at an election shall attest to another elector’s residence at that election.

  • Marginal note:Application of provisions

    (4) For the purposes of this section, the following provisions apply with any necessary modifications in respect of the location in the returning officer’s office where the elector receives his or her ballot or special ballot as though that location were a polling station:

    • (a) sections 135 to 137;

    • (b) sections 143 and 144;

    • (c) subsection 164(1);

    • (d) section 166; and

    • (e) paragraph 489(3)(c).

  • 2014, c. 12, s. 60.
Marginal note:Voting by special ballot

 An elector who has received a special ballot may vote in accordance with subsections 227(2) and (3).

Marginal note:Sending to Chief Electoral Officer
  •  (1) An elector who does not vote in his or her electoral district shall send the sealed outer envelope to the special voting rules administrator

    • (a) by mail or any other means; or

    • (b) by delivering it to a Canadian Embassy, High Commission or Consular Office, to a Canadian Forces base outside Canada or to any place that the Chief Electoral Officer may designate.

  • Marginal note:Deadline for receipt

    (2) In order to have the special ballot counted, an elector shall ensure that the ballot is received

    • (a) if the special ballot is cast in the elector’s electoral district, at the office of the returning officer before the close of the polling stations on polling day; or

    • (b) if the special ballot is cast outside the elector’s electoral district, at the office of the special voting rules administrator in Ottawa, not later than 6:00 p.m. on polling day.

Marginal note:Responsibilities of elector

 For the purpose of this Division, an elector has the sole responsibility to ensure that

  • (a) his or her application for registration and special ballot is made within the period specified; and

  • (b) his or her special ballot is received within the period specified to be counted as a vote.

Marginal note:Elector to be given regular ballot

 An elector who applies to vote in person at the office of the returning officer for his or her electoral district after ballots for the electoral district have been printed shall be given a ballot that is not a special ballot and shall immediately vote in the manner described in paragraphs 151(1)(a) and (b) and 227(2)(b) to (d) and return the outer envelope to the election officer.

Marginal note:Spoiled ballot
  •  (1) If an elector has inadvertently handled a ballot or a special ballot in such a manner that it cannot be used, the elector shall return it to the election officer who shall mark it as a spoiled ballot and give the elector another ballot.

  • Marginal note:Limit

    (2) An elector shall not be given more than one ballot under subsection (1).

Marginal note:Assistance
  •  (1) When an elector personally goes to the office of the returning officer and is unable to read or because of a physical disability is unable to vote in the manner described in this Division, the designated election officer shall assist the elector by

    • (a) completing the declaration on the outer envelope and writing the elector’s name where his or her signature is to be written; and

    • (b) marking the ballot as directed by the elector in his or her presence.

  • Marginal note:Note on outer envelope

    (2) An election officer who assists an elector under subsection (1) shall indicate, by signing the note on the outer envelope, that the elector was assisted.

Marginal note:Registration, voting at home
  •  (1) On application of an elector who is unable to read, or who is unable to vote in the manner described in this Division because of a physical disability, and who is unable to personally go to the office of the returning officer because of a physical disability, the designated election officer shall go to the elector’s dwelling place and, in the presence of a witness who is chosen by the elector, assist the elector by

    • (a) completing the declaration on the outer envelope and writing the elector’s name where the elector’s signature is to be written; and

    • (b) marking the ballot as directed by the elector in the elector’s presence.

  • Marginal note:Note on outer envelope

    (2) The election officer and the witness who assist an elector under subsection (1) shall indicate, by signing the note on the outer envelope, that the elector was assisted.

Division 5Incarcerated Electors

Definition of “elector”

 For the purpose of this Division, “elector” means an incarcerated elector.

Marginal note:Entitlement to vote
  •  (1) Every person who is incarcerated and who is otherwise qualified to vote under this Act is entitled to vote under this Division on the 10th day before polling day.

  • Marginal note:Exercise of right to vote

    (2) An elector is not entitled to vote under this Division unless he or she has signed an application for registration and special ballot under section 251 and a declaration described in section 257.

  • Marginal note:Vote to be in electoral district

    (3) An elector is entitled to vote under this Division only for a candidate in the electoral district in which his or her place of ordinary residence is situated as shown on the application for registration and special ballot made by the elector under section 251.

Marginal note:Designation of coordinating officers

 The ministers responsible for corrections in the provinces shall each designate a person as a coordinating officer to work, during and between elections with the Chief Electoral Officer to carry out the purposes and provisions of this Division.

Marginal note:Notification of issue of the writs
  •  (1) Without delay after the issue of the writs, the Chief Electoral Officer shall inform the minister responsible for corrections in a province of their issue and of the location of administrative centres.

  • Marginal note:Designation of liaison officers

    (2) On being informed of the issue of the writs, each minister responsible for corrections in a province shall

    • (a) inform the coordinating officer for that province of the issue of the writs;

    • (b) designate one or more persons to act as liaison officers in connection with the taking of the votes of electors; and

    • (c) inform the Chief Electoral Officer and the coordinating officer for that province of the name and address of each liaison officer.

Marginal note:Liaison officers
  •  (1) The Chief Electoral Officer shall appoint persons designated under paragraph 247(2)(b) in the prescribed form.

  • Marginal note:Duty to cooperate

    (2) During the election period, a liaison officer shall cooperate with the Chief Electoral Officer in the administration of the registration and the taking of the votes of electors.

Marginal note:Duty of coordinating officer

 When a coordinating officer is informed that a liaison officer has been designated, the coordinating officer shall give the liaison officer all necessary information on taking the votes of electors.

Marginal note:Notice of entitlement to vote
  •  (1) A liaison officer shall, without delay after being appointed, post a notice in the prescribed form in a prominent place in the correctional institution that informs electors of the date on which they are entitled to vote in accordance with this Division.

  • Marginal note:Voting hours

    (2) The polling stations shall be open on the 10th day before polling day from 9:00 a.m. and shall be kept open until every elector who is registered under subsection 251(1) has voted, but in no case shall they be kept open later than 8:00 p.m. on that day.

Marginal note:Application for registration and special ballot
  •  (1) Before the 10th day before polling day, each liaison officer shall ensure that an application for registration and special ballot in the prescribed form is completed for every eligible elector of the correctional institution who wishes to vote, indicating his or her place of ordinary residence as determined under subsection (2).

  • Marginal note:Residence of elector

    (2) The place of ordinary residence of an elector is the first of the following places for which the elector knows the civic and mailing addresses:

    • (a) his or her residence before being incarcerated;

    • (b) the residence of the spouse, the common-law partner, a relative or a dependant of the elector, a relative of his or her spouse or common-law partner or a person with whom the elector would live but for his or her incarceration;

    • (c) the place of his or her arrest; or

    • (d) the last court where the elector was convicted and sentenced.

  • Marginal note:Optional information

    (3) In addition to providing his or her place of ordinary residence, the Chief Electoral Officer may request that the elector provide other information that the Chief Electoral Officer considers necessary to implement agreements made under section 55, but the elector is not required to provide that information.

  • Marginal note:Validation

    (4) The liaison officer shall validate the application for registration and special ballot by signing it and indicating on it the name of the electoral district that includes the place of ordinary residence as determined under subsection (2).

  • Marginal note:Dispute about electoral district

    (5) If a dispute arises as to in which electoral district an elector may vote, the elector may refer the matter to the returning officer for the electoral district where the correctional institution is located, and the returning officer shall make a final determination in accordance with the process for revising lists of electors.

  • 2000, c. 9, s. 251, c. 12, s. 40.
Marginal note:List of incarcerated electors

 Applications for registration and special ballot are deemed to be the list of electors who vote under this Division.

Marginal note:Appointment of deputy returning officers and poll clerks
  •  (1) Before the 18th day before polling day, each returning officer shall, for each correctional institution in his or her electoral district, in consultation with the liaison officer for the institution, establish one or more polling stations and appoint a deputy returning officer and a poll clerk for each polling station.

  • Marginal note:Provision of election materials

    (2) A liaison officer shall, on receiving the election materials and list of candidates,

    • (a) provide the materials in sufficient quantities to the deputy returning officers appointed under subsection (1) for the correctional institution; and

    • (b) post the list of candidates in one or more conspicuous places in the correctional institution.

Marginal note:Duties of deputy returning officer

 On the day on which the electors cast their ballots, the deputy returning officer shall, at each polling station,

  • (a) post two or more copies of the voting instructions, in the prescribed form, in conspicuous places; and

  • (b) keep readily available for consultation by electors a copy of this Part, a set of street indexes, a guide to electoral districts and a list of candidates.

Marginal note:Mobile polling stations
  •  (1) A liaison officer shall, when required, establish a mobile polling station within a correctional institution to take the votes of the electors who are confined to their cells or in an infirmary.

  • Marginal note:Common mobile polling stations

    (2) A returning officer may, in cooperation with liaison officers, create a mobile polling station for correctional institutions of fewer than 50 electors that are within the returning officer’s electoral district and that are within reasonable travelling distance of each other.

Marginal note:Representative of registered party

 With the prior authorization of correctional authorities, a Canadian citizen may represent a registered party during the taking of the votes at a correctional institution, if he or she provides the deputy returning officer with an authorization, in the prescribed form, signed by a candidate for that party.

Marginal note:Declaration of elector
  •  (1) Before delivering a special ballot to an elector, the deputy returning officer for a correctional institution shall require the elector to complete an application for registration and special ballot, if the elector has not already done so, and to make and sign the declaration on the outer envelope.

  • Marginal note:Giving special ballot to elector

    (2) After the elector has signed the declaration on the outer envelope, the deputy returning officer shall

    • (a) sign the outer envelope; and

    • (b) give the elector a special ballot, an inner envelope and the outer envelope.

Marginal note:Voting by special ballot
  •  (1) The elector shall vote by writing on the special ballot the name of the candidate of his or her choice, folding the special ballot and, in the presence of the deputy returning officer,

    • (a) placing the ballot in the inner envelope and sealing the envelope; and

    • (b) placing the inner envelope in the outer envelope and sealing the outer envelope.

  • Marginal note:Writing candidate’s name

    (2) The candidate shall be indicated on a special ballot by writing the candidate’s given name or initials and surname. If two or more candidates have the same name, their political affiliations shall be indicated.

  • Marginal note:Spoiled special ballot

    (3) If an elector has inadvertently handled a special ballot in such a manner that it cannot be used, the elector shall return it to the deputy returning officer who shall mark it as a spoiled ballot and give the elector another special ballot.

  • Marginal note:Limit

    (4) An elector shall not be given more than one special ballot under subsection (3).

Marginal note:Assistance
  •  (1) If an elector is unable to read or because of a physical disability is unable to vote under this Division, the deputy returning officer shall assist the elector by

    • (a) completing the declaration on the outer envelope and writing the elector’s name where his or her signature is to be written; and

    • (b) marking the special ballot as directed by the elector in his or her presence and in the presence of the poll clerk.

  • Marginal note:Note on outer envelope

    (2) The deputy returning officer and the poll clerk shall sign a note on the outer envelope indicating that the elector was assisted.

Marginal note:Delivery of documents after the vote

 Without delay after the votes have been cast at a correctional institution, the deputy returning officer shall deliver to the liaison officer for the institution

  • (a) the outer envelopes that contain the marked special ballots;

  • (b) any unused or spoiled outer envelopes;

  • (c) any unused or spoiled special ballots and unused inner envelopes; and

  • (d) the applications for registration and special ballot.

Marginal note:Deadline for return of election material

 Every liaison officer shall ensure that the election material referred to in section 260 is received by the special voting rules administrator in Ottawa no later than 6:00 p.m. on polling day.

Marginal note:Integration into final list of electors

 The applications for registration and special ballot shall be integrated into the final list of electors referred to in section 109.

Division 6Counting of Votes at the Office of the Chief Electoral Officer

Marginal note:Application

 This Division applies to the counting of all special ballots cast in accordance with this Part, except those referred to in Division 7.

Marginal note:Administration
  •  (1) The counting of the special ballots shall be conducted by special ballot officers under the supervision of the special voting rules administrator.

  • Marginal note:Special ballot officers

    (2) Special ballot officers shall work in pairs of persons representing different registered parties.

Marginal note:Directives

 The Chief Electoral Officer shall prescribe security instructions for the safekeeping of special ballots, inner envelopes, outer envelopes and all other election documents, and instructions for the receiving, sorting and counting of special ballots.

Marginal note:Counting of votes

 The counting of votes shall commence on a date to be fixed by the Chief Electoral Officer or, if no date is fixed, on Wednesday, the 5th day before polling day.

Marginal note:Setting aside of outer envelope
  •  (1) The special ballot officers shall set aside an outer envelope unopened when they ascertain on its examination that

    • (a) the information concerning the elector, as described on the outer envelope, does not correspond with the information on the application for registration and special ballot;

    • (b) the envelope, other than an envelope in respect of an elector who has taken a vote under section 216, 243 or 259, does not bear the signature of an elector;

    • (c) the correct electoral district of the elector whose ballot is contained in the outer envelope cannot be ascertained;

    • (d) the outer envelope has been received in Ottawa by the special voting rules administrator after 6:00 p.m. on polling day; or

    • (e) the outer envelope relates to an electoral district for which the election was postponed in accordance with section 77.

  • Marginal note:Procedure when elector votes more than once

    (2) If, after receiving but before counting the outer envelopes, the special ballot officers ascertain that an elector has voted more than once, they shall lay the outer envelopes that relate to the elector aside unopened.

  • Marginal note:Disposition of outer envelopes that are laid aside

    (3) When an outer envelope is laid aside unopened as described in subsection (1) or (2),

    • (a) the outer envelope shall be endorsed by the special voting rules administrator with the reason why it has been laid aside;

    • (b) at least two special ballot officers shall initial the endorsement; and

    • (c) in the case of an outer envelope laid aside under subsection (1), the ballot contained in it is deemed to be a spoiled ballot.

  • Marginal note:Special report

    (4) The special voting rules administrator shall prepare a report in respect of the number of outer envelopes that are laid aside under this Division.

Marginal note:Duties of special ballot officers

 Each pair of special ballot officers shall count the votes for only one electoral district or part of an electoral district at a time.

Marginal note:Rejection of ballots
  •  (1) Each pair of special ballot officers shall, on examining a special ballot, reject it if

    • (a) it has not been supplied by the Chief Electoral Officer;

    • (b) it is not marked;

    • (c) it is marked with a name other than the name of a candidate;

    • (d) it is marked with the names of more than one candidate; or

    • (e) there is any writing or mark on it by which the elector could be identified.

  • Marginal note:Elector’s intent

    (2) No special ballot shall be rejected for the sole reason that the elector has incorrectly written the name of a candidate, if the ballot clearly indicates the elector’s intent.

  • Marginal note:Disputed ballots

    (3) If a dispute arises as to the validity of a special ballot, it shall be referred to the special voting rules administrator, whose decision is final.

  • Marginal note:Note of dispute

    (4) The number of disputed special ballots and the name of the electoral district in which they were cast are to be noted by the special ballot officers.

Marginal note:Statements of the vote
  •  (1) Each pair of special ballot officers shall prepare a statement of the vote in the prescribed form and deliver it to the special voting rules administrator.

  • Marginal note:Safekeeping

    (2) The special voting rules administrator shall keep the statements of the vote in safe custody until the day after the communication of the results under section 280.

  • Marginal note:Copy to special ballot officer

    (3) On request, after the day that the results are communicated, a special ballot officer may be given a copy of the statement of the vote that he or she prepared.

Marginal note:Chief Electoral Officer to be informed of results of vote

 Without delay after the counting of the votes for every electoral district has been completed, the special voting rules administrator shall inform the Chief Electoral Officer of

  • (a) the number of votes counted for each candidate for every electoral district;

  • (b) the total number of votes counted for each electoral district; and

  • (c) the number of rejected ballots for each electoral district.

Marginal note:Sending of material to Chief Electoral Officer

 As soon as practicable after the counting of the votes for every electoral district has been completed, the special voting rules administrator shall send to the Chief Electoral Officer, in separate envelopes,

  • (a) the lists of electors;

  • (b) all other documents and election materials received from commanding officers, deputy returning officers and special ballot officers;

  • (c) the oaths of office; and

  • (d) the complete files of correspondence, reports and records in his or her possession.

Division 7Counting of Votes in the Office of the Returning Officer

Marginal note:Appointment of deputy returning officer and poll clerk
  •  (1) The returning officer shall appoint a deputy returning officer and poll clerk to verify the outer envelopes and to count the special ballots issued to electors in his or her electoral district and received in his or her office. More than one deputy returning officer and poll clerk may be appointed if the number of votes warrants it.

  • Marginal note:Assignment of duties

    (2) The returning officer shall assign duties so that a deputy returning officer chosen from among the persons recommended by the registered party whose candidate finished first in the last election in the electoral district works with a poll clerk chosen from among the persons recommended by the registered party whose candidate finished second in that election in that electoral district.

  • Marginal note:Merger of parties

    (3) For the purpose of subsection (2), in determining whether the candidate of a registered party finished first or second in the last election in a case where the registered party is the result of a merger with one or more parties that were registered parties at the last election, there shall be attributed to the candidate of the merged party, the number of votes of the candidate of the merging party with the largest number of votes at that last election.

  • Marginal note:Notification to candidates

    (4) The returning officer shall, as soon as possible, notify the candidates of the name and address of the persons appointed as the deputy returning officer and the poll clerk.

Marginal note:Candidate present at counting

 A candidate or his or her representative may be present for the verification of the outer envelopes and the counting of ballots received at the office of the returning officer.

Marginal note:Ballots to be kept sealed
  •  (1) The returning officer shall ensure that the ballots received at his or her office are kept sealed until they are given to the deputy returning officer.

  • Marginal note:Return outer envelopes

    (2) All outer envelopes received after the prescribed deadline shall be kept separate and sealed and shall be initialled by the returning officer and marked with the date and time of their receipt.

Marginal note:Verification of envelopes
  •  (1) A deputy returning officer and a poll clerk shall verify the outer envelopes, at the time fixed by the Chief Electoral Officer and in accordance with his or her instructions, by determining from the information on the outer envelope whether the elector is entitled to vote in the electoral district.

  • Marginal note:Notice

    (2) The returning officer shall notify the candidates of the time and place of the verification.

  • Marginal note:Provision of materials to deputy returning officer

    (3) The deputy returning officer shall be provided with the applications for registration and special ballot received before the deadline, along with any other materials that may be required.

Marginal note:Setting aside of outer envelope
  •  (1) The deputy returning officer shall set aside an outer envelope unopened when he or she ascertains on its examination that

    • (a) the information concerning the elector, as described on the outer envelope, does not correspond with the information on the application for registration and special ballot;

    • (b) the outer envelope, other than an outer envelope in respect of an elector who has taken a vote under section 243 or 243.1, does not bear the signature of an elector;

    • (c) more than one ballot has been issued to an elector; or

    • (d) the outer envelope was received after the prescribed deadline.

  • Marginal note:Registering objections

    (2) When the outer envelopes are verified, the poll clerk shall register any objection to an elector’s right to vote in the electoral district in the prescribed form.

  • Marginal note:Noting of reasons for setting aside

    (3) When an outer envelope is set aside unopened as described in subsection (1), the deputy returning officer shall note on it the reasons for the rejection. The deputy returning officer and the poll clerk shall initial the envelope.

Marginal note:Counting of outer envelopes
  •  (1) The deputy returning officer and the poll clerk shall count all valid outer envelopes.

  • Marginal note:Inner envelopes

    (2) The deputy returning officer and the poll clerk shall open the outer envelopes and put all the inner envelopes in a ballot box provided by the returning officer.

  • Marginal note:Counting the votes

    (3) After the close of the polling stations, the deputy returning officer shall open the ballot box and he or she together with the poll clerk shall open the inner envelopes and count the votes.

Marginal note:Rejection of ballots
  •  (1) The deputy returning officer shall, in counting the ballots, reject a ballot if

    • (a) it has not been supplied for the election;

    • (b) it is not marked;

    • (c) it is marked with a name other than the name of a candidate;

    • (d) it is marked for more than one candidate; or

    • (e) there is any writing or mark on it by which the elector could be identified.

  • Marginal note:Elector’s intent

    (2) The deputy returning officer shall not reject a special ballot for the sole reason that the elector has incorrectly written the name of a candidate, if the ballot clearly indicates the elector’s intent.

  • Marginal note:Political affiliation

    (3) The deputy returning officer shall not reject a special ballot for the sole reason that the elector has written, in addition to the name of a candidate, the candidate’s political affiliation, if the ballot clearly indicates the elector’s intent.

  • 2000, c. 9, s. 279;
  • 2001, c. 21, s. 15.

Division 8Communication of the Results of the Vote

Marginal note:Communication of results
  •  (1) The Chief Electoral Officer shall, without delay after the closing of the polling stations at an election, inform each returning officer of the results of the count under Division 6 for the returning officer’s electoral district, giving the number of votes cast for each candidate and the number of rejected ballots.

  • Marginal note:Release of information

    (2) When the returning officer receives information from the Chief Electoral Officer respecting the results of the count under Division 6, the returning officer shall add those results to the results of the count under Division 7 and release all of them as being the results of the vote under the Special Voting Rules.

Division 9Prohibitions

Marginal note:Prohibitions — inside or outside Canada

 No person shall, inside or outside Canada,

  • (a) wilfully disclose information as to how a ballot or special ballot has been marked by an elector;

  • (b) wilfully interfere with, or attempt to interfere with, an elector when marking a ballot or special ballot, or otherwise attempt to obtain any information as to the candidate for whom any elector is about to vote or has voted;

  • (c) knowingly make a false statement in an application for registration and special ballot;

  • (d) knowingly apply for a ballot or special ballot to which that person is not entitled;

  • (e) knowingly make a false statement in a declaration signed by him or her before a deputy returning officer;

  • (f) knowingly make a false declaration in the statement of ordinary residence completed by him or her;

  • (g) wilfully prevent or endeavour to prevent an elector from voting at an election; or

  • (h) wilfully at the counting of the votes, attempt to obtain information or communicate information obtained at the counting as to the candidate for whom a vote is given in a particular ballot or special ballot.

Marginal note:Prohibitions — outside Canada

 No person shall, outside Canada,

  • (a) by intimidation or duress, compel a person to vote or refrain from voting or vote or refrain from voting for a particular candidate at an election under this Part; or

  • (b) by any pretence or contrivance, including by representing that the ballot or the manner of voting at an election is not secret, induce a person to vote or refrain from voting or vote or refrain from voting for a particular candidate at an election under this Part.

PART 12COUNTING VOTES

Polling Stations

Marginal note:Counting the votes
  •  (1) Immediately after the close of a polling station, the deputy returning officer shall count the votes in the presence of the poll clerk, any person appointed under section 32.1 whose duties include being present at the count and any candidates or their representatives who are present or, if no candidates or representatives are present, at least two electors.

  • Marginal note:Tally sheets

    (2) The deputy returning officer shall supply the poll clerk and all the persons referred to in subsection (1) who are present and who so request with a tally sheet to keep their own score of the voting.

  • Marginal note:Steps to follow

    (3) The deputy returning officer shall, in the following order,

    • (a) count the number of electors who voted at the polling station, count the number of those to whom a certificate was given under subsection 161(4), make an entry at the end of the list of electors that states “The number of electors who voted at this election in this polling station is (stating the number). Of these, the number of electors to whom a certificate was given under subsection 161(4) is (stating the number).”, sign the list and place the list in the envelope supplied for that purpose;

    • (b) count the spoiled ballots, place them in the envelope supplied for the purpose, indicate on the envelope the number of spoiled ballots, and seal it;

    • (c) count the unused ballots that are not detached from the books of ballots, place them with the stubs of the used ballots in the envelope supplied for the purpose, indicate on the envelope the number of unused ballots, and seal it;

    • (d) total the number of electors indicated under paragraph (a) who voted at the polling station and the numbers arrived at in paragraphs (b) and (c) in order to ascertain that all ballots that were provided by the returning officer are accounted for;

    • (e) open the ballot box and empty its contents onto a table; and

    • (f) examine each ballot, show the ballot to each person who is present, and ask the poll clerk to make a note on the tally sheet beside the name of the candidate for whom the vote was cast for the purpose of arriving at the total number of votes cast for each candidate.

  • 2000, c. 9, s. 283;
  • 2014, c. 12, s. 61.
Marginal note:Rejection of ballots
  •  (1) In examining the ballots, the deputy returning officer shall reject one

    • (a) that has not been supplied by him or her;

    • (b) that has not been marked in a circle at the right of the candidates’ names;

    • (c) that is void by virtue of section 76;

    • (d) that has been marked in more than one circle at the right of the candidates’ names; or

    • (e) on which there is any writing or mark by which the elector could be identified.

  • Marginal note:Limitation

    (2) No ballot shall be rejected by reason only that the deputy returning officer placed on it any writing, number or mark, or failed to remove the counterfoil.

  • Marginal note:Counterfoils remaining attached

    (3) When a ballot is found with the counterfoil attached, the deputy returning officer shall, while concealing the number on it from all persons present and without examining it, remove and destroy the counterfoil.

Marginal note:Ballots not initialled by deputy returning officer

 If the deputy returning officer determines that he or she has failed to initial a ballot, the deputy returning officer shall, in the presence of the poll clerk and witnesses, initial and count the ballot if he or she is satisfied that

  • (a) the ballot was supplied by him or her; and

  • (b) all ballots that were provided by the returning officer have been accounted for, as described in paragraph 283(3)(d).

Marginal note:Objections to ballots
  •  (1) The deputy returning officer shall keep a record, in the prescribed form, of every objection to a ballot made by a candidate or his or her representatives, give a number to the objection, write that number on the ballot and initial it.

  • Marginal note:Decision of deputy returning officer

    (2) The deputy returning officer shall decide every question that is raised by an objection described in subsection (1), and the decision is subject to reversal only on a recount or on application under subsection 524(1).

Marginal note:Statement of the vote
  •  (1) The deputy returning officer shall prepare a statement of the vote, in the prescribed form, that sets out the number of votes in favour of each candidate and the number of rejected ballots and place the original statement and a copy of it in the separate envelopes supplied for the purpose.

  • Marginal note:Copies of the statement of the vote

    (2) The deputy returning officer shall give a copy of the statement of the vote to each of the candidate’s representatives present at the count.

Marginal note:Marked ballots
  •  (1) The deputy returning officer shall place the ballots for each candidate into separate envelopes, write on each envelope the name of the candidate and the number of votes he or she received, and seal it. The deputy returning officer and the poll clerk shall sign the seal on each envelope, and the witnesses may also sign them.

  • Marginal note:Rejected ballots

    (2) The deputy returning officer shall place into separate envelopes the rejected ballots, the registration certificates and the list of electors, and shall seal the envelopes.

  • Marginal note:Documents to be enclosed in a large envelope

    (3) The deputy returning officer shall seal in a large envelope supplied for the purpose

    • (a) the envelopes that contain the marked ballots for the candidates, any spoiled ballots, unused ballots or rejected ballots, and the official list of electors; and

    • (b) any other election documents, except for the envelopes that contain the statements of the vote and the registration certificates.

  • Marginal note:Documents to be placed in the ballot box

    (4) The large envelope described in subsection (3) and the envelope that contains the copy of the statement of the vote shall be placed in the ballot box.

  • Marginal note:Sealing ballot box

    (5) The ballot box shall be sealed by the deputy returning officer with the seals provided by the Chief Electoral Officer.

Marginal note:Oaths

 The deputy returning officer shall place the form for each oath taken under subsection 143(3) or paragraph 161(1)(b) or 169(2)(b) in an envelope supplied for the purpose.

  • 2014, c. 12, s. 62.
Marginal note:Periodic statements of electors who voted

 The deputy returning officer shall place a copy of each document prepared for the purpose of paragraph 162(i.1) in an envelope supplied for the purpose.

  • 2014, c. 12, s. 62.

Advance Polls

Marginal note:Counting of votes on polling day
  •  (1) The deputy returning officer of an advance poll shall, at the close of the polling stations on polling day, attend with the poll clerk at the place mentioned in the notice of advance poll in subparagraph 172(a)(iii) to count the votes.

  • Marginal note:Application of rules for counting votes

    (2) Subsections 283(1) and (2), paragraphs 283(3)(e) and (f) and sections 284 to 288 apply with any necessary modifications to the counting of the votes of an advance poll except that

    • (a) for the application of paragraph 283(3)(e), the deputy returning officer shall open the ballot boxes and empty their contents onto a table; and

    • (b) for the application of subsection 288(4), the large envelope and the envelope that contains the copy of the statement of the vote shall be placed in the ballot box used on the last day of advance polling.

  • Marginal note:Prohibition

    (3) No person shall make a count of the votes cast at an advance poll before the close of the polling stations on polling day.

  • 2000, c. 9, s. 289;
  • 2014, c. 12, s. 63.

Delivery of Ballot Boxes to Returning Officer

Marginal note:Sending ballot boxes and envelopes to returning officer
  •  (1) The deputy returning officer for a polling station or an advance polling station shall, without delay after sealing the ballot box, send the box, with the envelope that contains the original statement of the vote, the envelope that contains the registration certificates, the envelope referred to in section 288.01 and, in the case of the deputy returning officer for a polling station, the envelope referred to in section 288.1 to the returning officer.

  • Marginal note:Collection of ballot boxes

    (2) A returning officer may appoint persons to collect ballot boxes together with the envelopes referred to in subsection (1) from polling stations, and any person so appointed shall take the prescribed oath when he or she sends those materials to the returning officer.

  • 2000, c. 9, s. 290;
  • 2014, c. 12, s. 64.
Marginal note:Provision of documents

 A returning officer shall — on the request of the candidate, his or her representative or a representative of the candidate’s party — provide him or her, after polling day, with

  • (a) one copy of each statement of the vote in respect of the candidate’s electoral district; and

  • (b) one copy of the documents prepared under paragraph 162(i.1).

  • 2000, c. 9, s. 291;
  • 2014, c. 12, s. 65.
Marginal note:Safekeeping of ballot boxes

 A returning officer, on the receipt of each ballot box, shall

  • (a) take every precaution to prevent any other person, except the assistant returning officer, from having access to it; and

  • (b) examine and record the condition of the seals affixed to it and, if necessary, affix new seals.

Marginal note:List of oath-takers

 A returning officer, on the receipt of each envelope referred to in section 288.01, shall create a list of the names of all persons who took an oath under subsection 143(3) or paragraph 161(1)(b) or 169(2)(b) and shall include in the list the address of each of those persons.

  • 2014, c. 12, s. 66.

PART 13VALIDATION OF RESULTS BY THE RETURNING OFFICER

Marginal note:Validation of results
  •  (1) After a returning officer receives all of the ballot boxes, he or she shall, at his or her office, in the presence of the assistant returning officer at the time indicated in paragraph 62(c), validate the results of the vote from the original statements of the vote and the information communicated under section 280.

  • Marginal note:Adjournment if ballot boxes or information not received

    (2) If, on the day fixed for the validation of the results as described in paragraph 62(c), a returning officer has not received all the ballot boxes or the information required by section 280, the returning officer shall adjourn the proceedings for not more than seven days.

  • Marginal note:Further adjournment

    (3) If, on the day fixed for the proceedings by virtue of an adjournment under subsection (2), the returning officer has not, for any reason, received the ballot boxes or information referred to in that subsection, the returning officer may make further adjournments. The further adjournments may not exceed a total of two weeks.

Marginal note:Witnesses at validation

 Candidates and their representatives may attend the validation of the results, but if none of them is present, the returning officer shall ensure the presence of at least two electors until the validation is completed.

Marginal note:Opening ballot box in certain cases
  •  (1) If the original statement of the vote is missing, appears to contain an error, to be incomplete or to have been altered, or is disputed by a candidate or his or her representative, the returning officer may open the ballot box and the envelope that contains the copy of the statement of the vote or, if that copy is missing, the large envelope.

  • Marginal note:Information on envelopes containing ballots

    (2) If a copy of the statement of the vote is not found or is not useful for the purpose of validating the results, the returning officer may use the information that is written on the envelopes that contain the ballots for that purpose.

  • Marginal note:Limitation

    (3) The returning officer shall not open an envelope that appears to contain ballots.

  • Marginal note:Resealing of loose papers

    (4) If the returning officer opens the large envelope, he or she shall place its contents into another envelope, seal that envelope and initial the seal.

Marginal note:Loss or destruction of ballot boxes
  •  (1) If a ballot box has been destroyed or is missing, the returning officer shall ascertain the cause of the destruction or loss and shall complete the validation of the results from the original copy of the statement of the vote in the same manner as if he or she had received the ballot box.

  • Marginal note:Power to summon and examine

    (2) If the returning officer is unable to obtain either the original statement of the vote or the ballot box, he or she

    • (a) shall ascertain, by any evidence that he or she is able to obtain, the total number of votes cast for each candidate at the polling stations;

    • (b) for ascertaining the total number of votes under paragraph (a), may summon any deputy returning officer, poll clerk or other person to appear before him or her at a fixed date and time and to bring with them all necessary documents; and

    • (c) may examine on oath the deputy returning officer, poll clerk or other person respecting the matter in question.

  • Marginal note:Notice to candidates

    (3) If paragraph (2)(b) applies, the returning officer shall give notice to the candidates for that electoral district of the date and time fixed for the appearance.

  • Marginal note:Obligation to comply with summons

    (4) Every person to whom a summons is directed under paragraph (2)(b) shall obey it.

Marginal note:Certificate of votes cast

 Without delay after the validation of the results, the returning officer shall prepare a certificate in the prescribed form that sets out the number of votes cast for each candidate, and shall deliver the original of the certificate to the Chief Electoral Officer and a copy of it to each candidate or his or her representative. In the case described in section 296, the certificate shall indicate the number of votes that have been ascertained to have been cast for each candidate.

Marginal note:Ballot boxes

 After the close of an election, each returning officer shall dispose of the ballot boxes as instructed by the Chief Electoral Officer.

PART 14JUDICIAL RECOUNT

Interpretation

Definition of “judge”

  •  (1) In this Part, “judge” means a judge who sits in the electoral district where the results are validated.

  • Marginal note:Powers of judge

    (2) A judge who is authorized by sections 300 to 309 to act may act, to the extent authorized, within or outside his or her judicial district.

Recount Procedure

Marginal note:Request by returning officer for recount
  •  (1) If the difference between the number of votes cast for the candidate with the most votes and the number cast for any other candidate is less than 1/1000 of the votes cast, the returning officer shall make a request to a judge for a recount within four days after the results are validated.

  • Marginal note:Notice to candidates

    (2) The returning officer shall notify each candidate or his or her official agent in writing of the request for a recount.

  • Marginal note:Recount automatic

    (3) The judge shall fix the date for the recount to be conducted within four days after he or she receives the request.

  • Marginal note:Documents to be supplied

    (4) The returning officer shall attend the recount and shall bring all relevant election materials including

    • (a) the ballot boxes;

    • (b) the statements of the vote used to validate the results; and

    • (c) all ballots cast and statements of the vote made in accordance with Part 11.

Marginal note:Application for recount
  •  (1) An elector may, within four days after the day on which a returning officer issues a certificate under section 297 and after notifying the returning officer in writing, apply to a judge for a recount.

  • Marginal note:Grounds for recount

    (2) The judge shall fix a date for a recount if it appears, on the affidavit of a credible witness, that

    • (a) a deputy returning officer has incorrectly counted or rejected any ballots, or has written an incorrect number on the statement of the vote for the votes cast for a candidate; or

    • (b) the returning officer has incorrectly added up the results set out in the statements of the vote.

  • Marginal note:Deposit

    (3) The applicant shall deposit with the clerk or prothonotary of the court the sum of $250 as security for the costs of the candidate who obtained the largest number of votes.

  • Marginal note:Date for recount and summons

    (4) The date fixed for the recount shall be within four days after the judge receives the application. The judge shall summon the returning officer to attend and to bring the relevant ballot boxes and statements of the vote together with the ballots that were counted, and the statements that were completed, under Part 11.

  • Marginal note:Notice to candidates

    (5) The judge shall notify each candidate or his or her official agent in writing of the time and place fixed for the recount. The judge may decide that service of the notice will be substitutional, by mail or posting or in any other manner.

  • Marginal note:Returning officer required to attend

    (6) A returning officer to whom a summons is directed under subsection (4) shall obey it and shall be present throughout the recount.

  • 2000, c. 9, s. 301;
  • 2014, c. 12, s. 67.
Marginal note:More than one application

 If a judge receives more than one application for a recount for more than one electoral district, the recounts shall be conducted in the order in which the judge receives the applications.

 [Repealed, 2014, c. 12, s. 68]

Marginal note:Recount procedure
  •  (1) The judge shall conduct the recount by adding the number of votes reported in the statements of the vote or by counting the valid ballots or all of the ballots returned by the deputy returning officers or the Chief Electoral Officer.

  • Marginal note:Documents that may be examined

    (2) If a recount of all of the ballots returned is required, the judge may open the sealed envelopes that contain the used and counted, unused, rejected and spoiled ballots. The judge shall not open any envelopes that appear to contain other documents or refer to any other election documents.

  • Marginal note:Procedure for certain recounts

    (3) In the case of a recount conducted by counting the valid ballots or all of the ballots returned by the deputy returning officers or the Chief Electoral Officer, the procedure set out in Schedule 4 applies.

  • Marginal note:Powers of judge

    (4) For the purpose of arriving at the facts with respect to a missing ballot box or statement of the vote, the judge has all the powers of a returning officer with regard to the attendance and examination of witnesses who, in case of non-attendance, are subject to the same consequences as in the case of refusal or neglect to attend on the summons of a returning officer.

  • Marginal note:Additional powers of judge

    (5) For the purpose of conducting a recount, a judge has the power to summon any deputy returning officer or poll clerk as a witness and to require him or her to give evidence on oath and, for that purpose, has the same power that is vested in any court of record.

  • Marginal note:Clerical assistants

    (6) Subject to the approval of the Chief Electoral Officer, a judge may retain the services of support staff to assist in the performance of his or her duties under this Part.

  • 2000, c. 9, s. 304;
  • 2014, c. 12, s. 69.
Marginal note:Proceedings to be continuous

 The judge shall, as far as practicable, proceed continuously with a recount, except for necessary breaks and, unless the judge orders otherwise, between 6:00 p.m. and 9:00 a.m.

Marginal note:Security of documents
  •  (1) During a break described in section 305, the judge or any other person who has possession of ballots and other election documents shall keep them sealed in parcels, and the seal shall be signed by the judge and may be signed by any other person in attendance.

  • Marginal note:Supervision of sealing

    (2) The judge shall personally supervise the parcelling and sealing of ballots and documents at a recount and take all necessary precautions for their security.

Marginal note:Judge may terminate recount

 Except in a case referred to in section 300, a judge may at any time terminate a recount on request in writing by the person who applied for the recount.

Marginal note:Procedure at conclusion of recount

 At the conclusion of a recount, the judge shall

  • (a) seal the ballots in a separate envelope for each polling station and without delay prepare a certificate in the prescribed form that sets out the number of votes cast for each candidate;

  • (b) deliver the original of the certificate to the returning officer and a copy of it to each candidate; and

  • (c) return to the returning officer the election documents or other election materials brought for the purpose of the recount under subsection 300(4) and deliver to him or her the reports created in the course of the recount.

  • 2000, c. 9, s. 308;
  • 2014, c. 12, s. 70.
Marginal note:Costs
  •  (1) If a recount does not alter the result of the vote so as to affect the return, the judge shall

    • (a) order the costs of the candidate for whom the largest number of votes have been cast to be paid by the person who applied for the recount; and

    • (b) tax those costs, following as closely as possible the tariff of costs allowed with respect to proceedings in the court in which the judge ordinarily presides.

  • Marginal note:Disposal of deposit and right of action for balance

    (2) The money deposited as security for costs shall, as far as is necessary, be paid out to the candidate in whose favour costs are awarded under subsection (1) and, if the deposit is insufficient to cover the costs, the party in whose favour the costs are awarded has their action for the balance.

Marginal note:Application for reimbursement of costs
  •  (1) After a recount, a candidate may make an application to the Chief Electoral Officer for reimbursement of his or her costs in respect of the recount, setting out the amount and nature of the costs and whether they were actually and reasonably incurred.

  • Marginal note:Chief Electoral Officer determines costs

    (2) On receipt of an application under subsection (1), the Chief Electoral Officer shall determine the costs, and shall make a request for reimbursement to the Receiver General, up to a maximum of $500 for each day or part of a day during which the judge conducted the recount.

  • Marginal note:Payment from Consolidated Revenue Fund

    (3) The Receiver General, on receipt of a request for reimbursement from the Chief Electoral Officer, shall pay to the candidate the amount requested from the Consolidated Revenue Fund.

Failure of Judge to Conduct Recount

Marginal note:Failure of judge to act
  •  (1) If a judge does not comply with the provisions of sections 300 to 309, an aggrieved party may, within eight days after the failure to comply, make application for an order under subsection (3)

    • (a) in the Province of Ontario, to a judge of the Superior Court of Justice;

    • (b) in the Province of Quebec, New Brunswick or Alberta, Yukon, the Northwest Territories or Nunavut, to a judge of the Court of Appeal of the Province or Territory;

    • (c) in the Province of Nova Scotia, British Columbia or Prince Edward Island, to a judge of the Supreme Court of the Province;

    • (d) in the Province of Manitoba or Saskatchewan, to a judge of the Court of Queen’s Bench for the Province; and

    • (e) in the Province of Newfoundland and Labrador, to a judge of the Trial Division of the Supreme Court of Newfoundland and Labrador.

  • Marginal note:Application on affidavit

    (2) An application under subsection (1) may be made on affidavit, which need not be entitled in any matter or cause, that sets out the facts relating to the failure to comply.

  • Marginal note:Order of judge

    (3) The judge to whom an application is made under subsection (1) shall, if it appears that there was a failure to comply, make an order

    • (a) fixing the time, within the following eight days, and place to hear the application;

    • (b) directing the attendance of all parties interested at that time and place; and

    • (c) giving directions for the service of the order, and of any affidavit on which it was granted, on the judge alleged to have failed to comply and on any other interested party.

  • Marginal note:Affidavits may be filed in reply

    (4) The judge complained of and any interested party may file in the office of the clerk, registrar or prothonotary of the court of the judge to whom the application is made affidavits in reply to those filed by the applicant and shall provide the applicant with copies of them on demand.

  • 2000, c. 9, s. 311;
  • 2002, c. 7, s. 93;
  • 2014, c. 12, s. 71.
Marginal note:Order of court after hearing
  •  (1) After hearing the judge complained of and any other parties, the judge to whom the application was made or another judge of the same court

    • (a) shall make an order dismissing the application or ordering the judge in default to comply with the requirements of this Act in respect of the recount; and

    • (b) may make an order with respect to costs.

  • Marginal note:Judge to obey order

    (2) A judge found to be in default shall without delay comply with an order made under subsection (1).

  • Marginal note:Costs

    (3) Remedies for the recovery of costs awarded under paragraph (1)(b) are the same as for costs in ordinary cases in the same court.

PART 15RETURN OF THE WRIT

Marginal note:Return of elected candidate
  •  (1) The returning officer, without delay after the sixth day that follows the completion of the validation of results or, if there is a recount, without delay after receiving the certificate referred to in section 308, shall declare elected the candidate who obtained the largest number of votes by completing the return of the writ in the prescribed form on the back of the writ.

  • Marginal note:Equality of votes

    (2) If there is an equality of votes between the candidates with the largest number of votes, the returning officer shall indicate that on the return of the writ.

Marginal note:Sending of documents
  •  (1) On completing the return of the writ, the returning officer shall without delay send to the Chief Electoral Officer all election documents in his or her possession together with

    • (a) a report of the returning officer’s proceedings in the prescribed form including his or her comments with respect to the state of the election documents received from the deputy returning officers;

    • (b) a summary, in the prescribed form, of the number of votes cast for each candidate at each polling station; and

    • (c) all other documents that were used at the election.

  • Marginal note:Report re: disappearance of ballot box, etc.

    (2) In any case arising under section 296, the returning officer shall mention specially in the report the circumstances accompanying the disappearance of the ballot boxes or the lack of any statement of the vote, and the mode by which the returning officer ascertained the number of votes cast for each candidate.

Marginal note:Duplicate of return to each candidate
  •  (1) The returning officer shall forward a copy of the return of the writ to each candidate.

  • Marginal note:Premature return

    (2) A premature return of the writ is deemed not to have reached the Chief Electoral Officer until it should have reached the Chief Electoral Officer in due course.

  • Marginal note:Correction of writ

    (3) The Chief Electoral Officer shall, if necessary, send back the return of the writ and any or all of the related election documents to the returning officer for completion or correction.

Marginal note:Where report made before recount
  •  (1) Where, at the time of the issue of an order under section 311 or 312, the returning officer for the electoral district in respect of which the order is made has made a return of the writ under section 314, the Chief Electoral Officer shall, on being provided with a certified copy of the order, send back to the returning officer all election documents required for use at the recount.

  • Marginal note:Duties of returning officer on recount

    (2) On receiving a judge’s certificate with respect to the result of a recount, the returning officer shall

    • (a) if the result of the recount is that a person other than the person named in the original return is to be returned, make a substitute return of the writ; or

    • (b) if the result of the recount is to confirm the return, send the papers back to the Chief Electoral Officer without delay and not make a substitute return of the writ.

  • Marginal note:Effect of substitute return

    (3) A substitute return made under paragraph (2)(a) has the effect of cancelling the original return.

Marginal note:Procedure on receipt of return by Chief Electoral Officer

 The Chief Electoral Officer, on receiving each return of the writ, shall, in the order in which the return is received,

  • (a) indicate, in a book kept by the Chief Electoral Officer for the purpose, that he or she has received it; and

  • (b) publish in the Canada Gazette the name of the candidate who was declared elected.

Marginal note:Equality of votes

 If the return of the writ indicates an equality of votes between the candidates with the largest number of votes, the Chief Electoral Officer shall without delay

  • (a) prepare and send to the Speaker of the House of Commons or, if none, two members of the House or two candidates who have been declared elected, as the case may be, a report stating that no candidate was declared elected in the electoral district because of the equality of votes; and

  • (b) publish in the Canada Gazette

    • (i) the names of the candidates between whom there was an equality of votes, and

    • (ii) notice that, as no candidate was declared elected in the electoral district because of the equality of votes, a by-election will be conducted under subsection 29(1.1) of the Parliament of Canada Act.

PART 16COMMUNICATIONS

Interpretation

Marginal note:Definitions

 The definitions in this section apply in this Part.

“election advertising”

« publicité électorale »

“election advertising” means the transmission to the public by any means during an election period of an advertising message that promotes or opposes a registered party or the election of a candidate, including one that takes a position on an issue with which a registered party or candidate is associated. For greater certainty, it does not include

  • (a) the transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news;

  • (b) the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be an election;

  • (c) the transmission of a document directly by a person or a group to their members, employees or shareholders, as the case may be;

  • (d) the transmission by an individual, on a non-commercial basis on what is commonly known as the Internet, of his or her personal political views; or

  • (e) the making of telephone calls to electors only to encourage them to vote.

“election survey”

« sondage électoral »

“election survey” means an opinion survey of how electors voted or will vote at an election or respecting an issue with which a registered party or candidate is associated.

“network”

« réseau »

“network” means a network as defined in subsection 2(1) of the Broadcasting Act, but does not include a temporary network operation as defined in that subsection.

“network operator”

« exploitant de réseau »

“network operator” means a person or undertaking to which permission has been granted by the Canadian Radio-television and Telecommunications Commission to form and operate a network.

“prime time”

« heures de grande écoute »

“prime time”, in the case of a radio station, means the time between the hours of 6 a.m. and 9 a.m., noon and 2 p.m. and 4 p.m. and 7 p.m., and, in the case of a television station, means the hours between 6 p.m. and midnight.

  • 2000, c. 9, s. 319;
  • 2014, c. 12, s. 72.

Election Advertising

Marginal note:Message must be authorized

 A candidate or registered party, or a person acting on their behalf, who causes election advertising to be conducted shall mention in or on the message that its transmission was authorized by the official agent of the candidate or by the registered agent of the party, as the case may be.

Marginal note:Government means of transmission
  •  (1) No person shall knowingly conduct election advertising or cause it to be conducted using a means of transmission of the Government of Canada.

  • Marginal note:Application

    (2) For the purpose of subsection (1), a person includes a group within the meaning of Part 17.

Marginal note:Election advertising posters
  •  (1) No landlord or person acting on their behalf may prohibit a tenant from displaying election advertising posters on the premises to which the lease relates and no condominium corporation or any of its agents may prohibit the owner of a condominium unit from displaying election advertising posters on the premises of his or her unit.

  • Marginal note:Permitted restrictions

    (2) Despite subsection (1), a landlord, person, condominium corporation or agent referred to in that subsection may set reasonable conditions relating to the size or type of election advertising posters that may be displayed on the premises and may prohibit the display of election advertising posters in common areas of the building in which the premises are found.

Marginal note:Blackout period
  •  (1) No person shall knowingly transmit election advertising to the public in an electoral district on polling day before the close of all of the polling stations in the electoral district.

  • Marginal note:Interpretation

    (2) The transmission to the public of a notice of an event that the leader of a registered party intends to attend or an invitation to meet or hear the leader of a registered party is not election advertising for the purpose of subsection (1).

  • Definition of “person”

    (3) For the purpose of subsection (1), a person includes a registered party and a group within the meaning of Part 17.

Marginal note:Exceptions

 Subsection 323(1) does not apply in respect of

  • (a) the transmission of a message that was transmitted to the public on what is commonly known as the Internet before the blackout period described in that subsection and that was not changed during that period; or

  • (b) the distribution during that period of pamphlets or the posting of messages on signs, posters or banners.

  • 2000, c. 9, s. 324;
  • 2001, c. 21, s. 16(E).
Marginal note:Prohibition — prevention or impairment of transmission
  •  (1) No person shall prevent or impair the transmission to the public of an election advertising message without the consent of a person with authority to authorize its transmission.

  • Marginal note:Exception

    (2) Subsection (1) does not apply with respect to

    • (a) the prevention or impairment, by a public authority, of an unlawful transmission if reasonable notice has first been given to the person who authorized the transmission; or

    • (b) the removal by an employee of a public authority of a sign, poster or banner where the posting of it is a hazard to public safety.

Election Opinion Surveys

Marginal note:Transmission of election survey results
  •  (1) The first person who transmits the results of an election survey — other than a survey that is described in section 327 — to the public during an election period and any person who transmits them to the public within 24 hours after they are first transmitted to the public must provide the following together with the results:

    • (a) the name of the sponsor of the survey;

    • (b) the name of the person or organization that conducted the survey;

    • (c) the date on which or the period during which the survey was conducted;

    • (d) the population from which the sample of respondents was drawn;

    • (e) the number of people who were contacted to participate in the survey; and

    • (f) if applicable, the margin of error in respect of the data obtained.

  • Marginal note:Additional information — published surveys

    (2) In addition to the information referred to in subsection (1), the following must be provided in the case of a transmission to the public by means other than broadcasting:

    • (a) the wording of the survey questions in respect of which data is obtained; and

    • (b) the means by which a report referred to in subsection (3) may be obtained.

  • Marginal note:Report on survey results

    (3) A sponsor of an election survey shall, at any time during an election period after the results of the survey are transmitted to the public, provide, on request, a copy of a written report on the results of the survey, as transmitted under subsection (1). The report shall include the following, as applicable:

    • (a) the name and address of the sponsor of the survey;

    • (b) the name and address of the person or organization that conducted the survey;

    • (c) the date on which or the period during which the survey was conducted;

    • (d) information about the method used to collect the data from which the survey results are derived, including

      • (i) the sampling method,

      • (ii) the population from which the sample was drawn,

      • (iii) the size of the initial sample,

      • (iv) the number of individuals who were asked to participate in the survey and the numbers and respective percentages of them who participated in the survey, refused to participate in the survey, and were ineligible to participate in the survey,

      • (v) the dates and time of day of the interviews,

      • (vi) the method used to recalculate data to take into account in the survey the results of participants who expressed no opinion, were undecided or failed to respond to any or all of the survey questions, and

      • (vii) any weighting factors or normalization procedures used in deriving the results of the survey; and

    • (e) the wording of the survey questions and, if applicable, the margins of error in respect of the data obtained.

  • Marginal note:Fee may be charged

    (4) A sponsor may charge a fee of up to $0.25 per page for a copy of a report provided under subsection (3).

Marginal note:Broadcast of surveys not based on recognized statistical methods

 The first person who transmits the results of an election survey that is not based on recognized statistical methods to the public during an election period and any person who transmits them within 24 hours after they are first transmitted to the public must indicate that the survey was not based on recognized statistical methods.

Marginal note:Prohibition — causing transmission of election survey results during blackout period
  •  (1) No person shall knowingly cause to be transmitted to the public, in an electoral district on polling day before the close of all of the polling stations in that electoral district, the results of an election survey that have not previously been transmitted to the public.

  • Marginal note:Prohibition — transmission of election survey results during blackout period

    (2) No person shall transmit to the public, in an electoral district on polling day before the close of all of the polling stations in that electoral district, the results of an election survey that have not previously been transmitted to the public.

  • Marginal note:Application

    (3) For the purpose of this section, a person includes a group within the meaning of Part 17.

 [Repealed, 2014, c. 12, s. 73]

Broadcasting outside Canada

Marginal note:Prohibition — use of broadcasting station outside Canada
  •  (1) No person shall, with intent to influence persons to vote or refrain from voting or vote or refrain from voting for a particular candidate at an election, use, aid, abet, counsel or procure the use of a broadcasting station outside Canada, during an election period, for the broadcasting of any matter having reference to an election.

  • Marginal note:Prohibition — broadcasting outside Canada

    (2) During an election period, no person shall broadcast, outside Canada, election advertising with respect to an election.

Non-interference by Foreigners

Marginal note:Prohibition — inducements by non-residents

 No person who does not reside in Canada shall, during an election period, in any way induce electors to vote or refrain from voting or vote or refrain from voting for a particular candidate unless the person is

  • 2000, c. 9, s. 331;
  • 2001, c. 27, s. 211.

Political Broadcasts

Marginal note:Appointment of Broadcasting Arbitrator
  •  (1) A Broadcasting Arbitrator shall be appointed by the Chief Electoral Officer without delay after the consultations described in section 333. The Broadcasting Arbitrator shall be

    • (a) chosen by a unanimous decision of representatives of registered parties; or

    • (b) named by the Chief Electoral Officer, if the consultations do not result in a unanimous decision.

  • Marginal note:Term of office

    (2) The term of office of the Broadcasting Arbitrator shall expire six months after polling day at the general election next following his or her appointment.

  • Marginal note:Removal for cause

    (3) The Chief Electoral Officer may remove the Broadcasting Arbitrator from office only for cause.

  • Marginal note:Eligible for re-appointment

    (4) A Broadcasting Arbitrator whose term of office has expired is eligible to be re-appointed.

  • Marginal note:Salary

    (5) A Broadcasting Arbitrator shall be paid the salary or other remuneration that may be fixed by the Chief Electoral Officer.

Marginal note:Convening of representatives
  •  (1) The Chief Electoral Officer shall hold a meeting of two representatives of each registered party represented in the House of Commons at that time, or if Parliament is dissolved, at the time of dissolution, designated in writing by their party leader, for the purpose of holding consultations to choose a Broadcasting Arbitrator. The meeting shall be held within

    • (a) 90 days after polling day at a general election; or

    • (b) 14 days after the day on which the Broadcasting Arbitrator dies, becomes incapacitated, resigns or is removed from office, if that day is not during the election period of a general election.

  • Marginal note:Chairperson

    (2) The Chief Electoral Officer shall designate the Chairperson at the meeting referred to in subsection (1) and at all subsequent consultations.

  • Marginal note:Report

    (3) The representatives of the registered parties referred to in subsection (1) shall make a report signed by each of them to the Chief Electoral Officer of the results of their consultations no later than

    • (a) six weeks after a meeting referred to in paragraph (1)(a); and

    • (b) four weeks after a meeting referred to in paragraph (1)(b).

Marginal note:Vacancy during election period

 In the event of the death, incapacity, resignation or removal of the Broadcasting Arbitrator during the election period of a general election, the Chief Electoral Officer shall appoint a new Broadcasting Arbitrator without delay.

Marginal note:Broadcasting time to be provided to registered parties
  •  (1) In the period beginning on the issue of the writs for a general election and ending at midnight on the day before polling day, every broadcaster shall, subject to the regulations made under the Broadcasting Act and the conditions of its licence, make available, for purchase by all registered parties for the transmission of political announcements and other programming produced by or on behalf of the registered parties, six and one-half hours of broadcasting time during prime time on its facilities.

  • Marginal note:When broadcaster affiliated with network

    (2) If a broadcaster is affiliated with a network, the part of the broadcasting time to be made available under subsection (1) that may be determined by agreement between the broadcaster and the network operator shall be made available by the network operator during the portion of the broadcaster’s prime time broadcasting schedule that has been delegated to the control of the network operator.

  • 2000, c. 9, s. 335;
  • 2001, c. 21, s. 17.
Marginal note:Request for meeting
  •  (1) The Broadcasting Arbitrator shall convene a meeting of representatives of all registered parties to consult on the allocation of broadcasting time made available under section 335 within 30 days after the receipt of a written request from the chief agent of a registered party, or six months after the Broadcasting Arbitrator takes office, whichever is earlier.

  • Marginal note:Time of request

    (2) The written request may not be made until the Broadcasting Arbitrator has been in office for 60 days.

  • Marginal note:Chairperson

    (3) The Broadcasting Arbitrator shall act as Chairperson at any meeting referred to in subsection (1).

Marginal note:No allocation
  •  (1) A registered party shall not be allocated broadcasting time if, after receiving notice of the meeting referred to in subsection 336(1), the party

    • (a) indicates in writing to the Broadcasting Arbitrator that it does not wish to be allocated broadcasting time; or

    • (b) fails to communicate to the Broadcasting Arbitrator its intentions regarding the allocation of the broadcasting time and fails to have its representative attend the meeting.

  • Marginal note:Agreement on allocation

    (2) Unanimous agreement of the registered parties on the allocation of the broadcasting time is binding on all registered parties.

  • Marginal note:Broadcasting Arbitrator decides when no agreement

    (3) If unanimous agreement is not reached within four weeks after the meeting referred to in subsection 336(1), the Broadcasting Arbitrator shall allocate the broadcasting time, and that allocation is binding on all registered parties.

Marginal note:Factors in allocation
  •  (1) Subject to subsections (3) to (5), in allocating broadcasting time, the Broadcasting Arbitrator shall give equal weight to

    • (a) the percentage of seats in the House of Commons held by each of the registered parties at the previous general election; and

    • (b) the percentage of the popular vote at the previous general election of each registered party.

    The Broadcasting Arbitrator shall in addition give half the weight given to each of the factors referred to in paragraphs (a) and (b) to the number of candidates endorsed by each of the registered parties at the previous general election, expressed as a percentage of all candidates endorsed by all registered parties at that election.

  • Marginal note:Allocation where merger of parties

    (2) Subject to subsections (3) to (5), in allocating broadcasting time in the case of the merger of two or more registered parties, the Broadcasting Arbitrator shall

    • (a) in determining the percentage of seats held by a merged party at the previous general election for the purpose of paragraph (1)(a), include the total number of seats held by the merging parties;

    • (b) in determining the percentage of the popular vote of a merged party at the previous general election for the purpose of paragraph (1)(b), include the total number of votes obtained by the merging parties; and

    • (c) for the purpose of giving the half-weight under subsection (1), assign to the merged party the number of candidates endorsed by the merging party that had the greatest number of candidates at that election.

  • Marginal note:No allocation in excess of 50%

    (3) In no case shall the Broadcasting Arbitrator allocate more than 50% of the total of the broadcasting time to a registered party.

  • Marginal note:Allocation of time in excess of 50%

    (4) If the calculation under subsection (1) would give more than 50% of the total of the broadcasting time to a registered party, the Broadcasting Arbitrator shall allocate the excess amount to the other registered parties entitled to broadcasting time on a proportionate basis.

  • Marginal note:Discretion re allocation

    (5) If the Broadcasting Arbitrator considers that an allocation determined in accordance with subsection (1) would be unfair to a registered party or contrary to the public interest, the allocation may be modified, subject to subsections (3) and (4), in any manner that the Broadcasting Arbitrator considers appropriate.

  • Marginal note:Notification of allocation

    (6) The Broadcasting Arbitrator shall, as soon as possible, give notice in writing of every allocation of broadcasting time made by the Broadcasting Arbitrator or by the registered parties to

    • (a) every registered party; and

    • (b) every political party that became an eligible party either before or after the allocation.

    The notice shall advise an eligible party referred to in paragraph (b) that it has 30 days after the receipt of the notice to request that broadcasting time be made available to it, for purchase, under section 339.

Marginal note:New parties entitled to broadcasting time
  •  (1) Subject to subsection (4), every eligible party referred to in paragraph 338(6)(b) that makes a request as described in subsection 338(6) within the time referred to in that subsection is entitled to purchase broadcasting time in an amount equal to the lesser of

    • (a) the smallest portion of broadcasting time to be made available under section 335 allocated to a registered party under sections 337 and 338, and

    • (b) six minutes.

  • Marginal note:Parties not entitled to time

    (2) An eligible party referred to in paragraph 338(6)(b) is not entitled to have any broadcasting time made available to it under this section if the party

    • (a) indicates in writing that it does not wish any broadcasting time under this section; or

    • (b) fails to make a request as described in subsection 338(6) within the time referred to in that subsection.

  • Marginal note:Broadcasting time to be provided to new eligible parties

    (3) In addition to the broadcasting time to be made available under section 335, and within the period referred to in that section, every broadcaster shall, subject to the regulations made under the Broadcasting Act and to the conditions of its licence, make available, for purchase by every eligible party entitled to broadcasting time under this section, broadcasting time in the amount determined under this section for the eligible party for the transmission of political announcements and other programming produced by or on behalf of the eligible party during prime time on that broadcaster’s facilities.

  • Marginal note:Maximum of 39 minutes

    (4) The maximum amount of broadcasting time available for purchase by eligible parties under this section is 39 minutes and, once that amount of broadcasting time is reached, all entitlement under this section shall be altered or established to be of whatever number of minutes or portions of minutes is necessary so that all eligible parties requesting time under this section receive the same amount of time within the 39-minute limit.

Marginal note:Reallocation in case of deregistration
  •  (1) If a registered party to which broadcasting time has been allocated under this Part is subsequently deregistered, the Broadcasting Arbitrator, within two weeks after publication in the Canada Gazette of the notice of deregistration, shall convene the representatives of the remaining registered parties and eligible parties to which broadcasting time has been allocated for the purpose of reallocating that party’s broadcasting time.

  • Marginal note:Reallocation in case of loss of eligibility

    (2) Where an eligible party to which broadcasting time has been allocated under section 339 subsequently ceases to be an eligible party, the Broadcasting Arbitrator, within two weeks after the cessation of eligibility, shall convene the representatives of the remaining registered parties and eligible parties to whom broadcasting time has been allocated for the purpose of reallocating that party’s broadcasting time.

  • Marginal note:Exception

    (3) If the deregistration or cessation of eligibility referred to in subsection (1) or (2), respectively, occurs after the issue of the writs for a general election, the broadcasting time that was allocated to the deregistered party or to the party that has ceased to be eligible shall not be reallocated.

  • 2000, c. 9, s. 340;
  • 2003, c. 19, s. 5.
Marginal note:Reallocation in case of merger

 If two or more registered parties merge after an allocation of the broadcasting time to be made available under section 335, the Broadcasting Arbitrator shall without delay convene the representatives of the registered parties, including the merged parties, for the purpose of reallocating the broadcasting time allocated to all registered parties.

Marginal note:Broadcasters to be notified
  •  (1) The Broadcasting Arbitrator shall notify the Canadian Radio-television and Telecommunications Commission of every allocation under sections 337 and 338 and every entitlement under section 339 as soon as possible after it is made or requested and the Commission shall notify every broadcaster and every network operator of every such allocation and entitlement without delay after it is made and again immediately after the issue of the writs for the next general election.

  • Marginal note:Information to parties

    (2) The Broadcasting Arbitrator shall, on request, provide all registered parties and all eligible parties referred to in paragraph 338(6)(b) with the names and addresses of all broadcasters and network operators.

Marginal note:Annual review
  •  (1) In each of the calendar years after the calendar year in which an allocation of broadcasting time has been made under sections 337 and 338 or an eligible party has requested and has become entitled to broadcasting time under section 339, the Broadcasting Arbitrator shall convene and chair a meeting of the representatives of all registered parties to review the allocation or entitlement.

  • Marginal note:Reduction to six and one-half hours

    (2) If, at a meeting referred to in subsection (1), it is determined that the total broadcasting time allocated or requested exceeds six and one-half hours, the Broadcasting Arbitrator shall reduce the allocated or requested time to six and one-half hours on a proportionate basis and that reduction shall be final and binding on all registered parties and eligible parties.

Marginal note:Definitions
  •  (1) The definitions in this subsection apply in subsections (2) and (5).

    “commercial time”

    « temps commercial »

    “commercial time” means any period of two minutes or less during which a broadcaster normally presents commercial messages, public service announcements or station or network identification.

    “program time”

    « durée de l’émission »

    “program time” means any period longer than two minutes during which a broadcaster does not normally present commercial messages, public service announcements or station or network identification.

  • Marginal note:Notice of preference by party

    (2) Each registered party and each eligible party entitled to purchase broadcasting time under this Act shall, not later than 10 days after the issue of the writs for a general election, send a notice in writing to each broadcaster and each network operator from whom it intends to purchase broadcasting time, setting out its preference as to the proportion of commercial time and program time to be made available to it and the days on which and the hours during which that time as so proportioned is to be made available, but at no time shall that party obtain broadcasting time before the 5th day after the notice is received by the broadcaster or network operator.

  • Marginal note:Consultation to reach agreement

    (3) Every broadcaster or network operator who receives a notice under subsection (2) shall, within two days after its receipt, consult with representatives of the registered party or eligible party that sent the notice for the purpose of reaching an agreement on the requests contained in it.

  • Marginal note:When no agreement

    (4) If no agreement is reached under subsection (3) within two days after the commencement of the consultation required by that subsection, the matter shall be referred to the Broadcasting Arbitrator who shall decide on the requests without delay and give notice of his or her decision to the broadcaster or network operator and to the representatives of the registered party or eligible party that made the requests.

  • Marginal note:Factors in decision

    (5) In making a decision under subsection (4), the Broadcasting Arbitrator shall take into account the following principles:

    • (a) that each registered party and each eligible party should have the freedom and flexibility to determine the proportion of commercial time and program time to be made available to it and the days on which and the hours during which that time as so proportioned should be made available; and

    • (b) that any broadcasting time to be made available to a registered party or eligible party should be made available fairly throughout prime time.

  • Marginal note:Decision binding

    (6) A decision of the Broadcasting Arbitrator under subsection (4) is final and binding on the registered party or eligible party, as the case may be, and the broadcaster or network operator.

Marginal note:Free broadcasting time
  •  (1) In the period beginning on the issue of the writs for a general election and ending at midnight on the day before polling day at that election, every network operator shall, subject to the regulations made under the Broadcasting Act and to the conditions of its licence, make available, at no cost, to the registered parties and eligible parties referred to in subsection (2), for the transmission of political announcements and other programming produced by or on behalf of those parties, broadcasting time as determined under that subsection if the network formed and operated by the network operator

    • (a) reaches a majority of Canadians whose mother tongue is the same as that in which the network broadcasts;

    • (b) is licensed with respect to more than a particular series of programs or type of programming; and

    • (c) does not involve a distribution undertaking as defined in subsection 2(1) of the Broadcasting Act.

  • Marginal note:Determination of free broadcasting time

    (2) For the purpose of subsection (1), the minimum amount of broadcasting time that a network operator is to make available shall be no less than the amount of free broadcasting time made available by it at the last general election and shall be made available as follows:

    • (a) two minutes to every registered party referred to in paragraph 337(1)(a) and every eligible party referred to in paragraph 339(2)(a); and

    • (b) the remainder to all registered parties that have been allocated any of the broadcasting time to be made available under section 335 and all eligible parties that have requested broadcasting time under section 339 in the proportion that their allocated or requested purchasable broadcasting time bears to the total broadcasting time allocated or requested under those sections.

  • Marginal note:Free time not election expense

    (3) The value of free broadcasting time made available to a registered party under this section shall not be taken into consideration in calculating its election expenses within the meaning of section 376.

  • Marginal note:Determination of population reached

    (4) For the purpose of subsection (1), a network is deemed to reach

    • (a) people resident within the areas served by broadcasting stations affiliated to the network that

      • (i) in the case of A.M. radio stations, are enclosed by the night-time interference-free official contour of the stations,

      • (ii) in the case of F.M. radio stations, are enclosed by the 50 mV per metre official contour of the stations, and

      • (iii) in the case of television stations, are enclosed by the Grade B official contour of the stations; and

    • (b) people resident outside the areas described in paragraph (a) to whom the signals of broadcasting stations affiliated to the network are available via distribution undertakings licensed by the Canadian Radio-television and Telecommunications Commission.

  • 2000, c. 9, s. 345;
  • 2001, c. 21, s. 18;
  • 2014, c. 12, s. 74.
Marginal note:Broadcasting Arbitrator to prepare guidelines

 The Broadcasting Arbitrator shall, not later than two days after the issue of the writs for a general election, prepare and send to the Canadian Radio-television and Telecommunications Commission a set of guidelines respecting

  • (a) the allocation of or entitlement to broadcasting time under this Act;

  • (b) the procedures for booking broadcasting time by registered parties and eligible parties; and

  • (c) any other matters that may be pertinent to the conduct of broadcasters and network operators under this Act.

Marginal note:C.R.T.C. to prepare and send guidelines

 The Canadian Radio-television and Telecommunications Commission shall, not later than four days after the issue of the writs for a general election, prepare a set of guidelines respecting the applicability of the Broadcasting Act and the regulations made under that Act to the conduct of broadcasters and network operators in relation to a general election and send them, together with the set of guidelines sent by the Broadcasting Arbitrator under section 346, to all broadcasters and network operators.

Marginal note:Prohibition relating to rates charged

 No person shall charge a registered party, any other political party or a candidate or a person acting on behalf of any of them,

  • (a) a rate for broadcasting time made available to the party or candidate, in the period beginning on the issue of the writs and ending at midnight on the day before polling day, that exceeds the lowest rate charged by the person for an equal amount of equivalent time on the same facilities made available to any other person at any time within that period; or

  • (b) a rate for an advertisement in a periodical publication published or distributed and made public in the period referred to in paragraph (a) that exceeds the lowest rate charged by the person for an equal amount of equivalent advertising space in the same issue of the periodical publication or in any other issue of it that is published or distributed and made public in that period.

  • 2000, c. 9, s. 348;
  • 2001, c. 21, s. 19.

PART 16.1VOTER CONTACT CALLING SERVICES

Division 1Interpretation

Marginal note:Definitions

 The following definitions apply in this Part.

“automatic dialing-announcing device”

« composeur-messager automatique »

“automatic dialing-announcing device” means any automatic equipment that has the capability to store or produce telephone numbers and that is used alone or in conjunction with other equipment to convey a pre-recorded or synthesized voice message to those telephone numbers.

“call”

« appel »

“call” means any of the following types of calls that are made to telephone numbers:

  • (a) live voice calls;

  • (b) calls made by means of an automatic dialing-announcing device;

  • (c) calls that consist of a combination of the types of calls referred to in paragraphs (a) and (b).

“calling service provider”

« fournisseur de services d’appel »

“calling service provider” means a person or group that carries on a business whose activities include the making of calls for or on behalf of another person or group.

“group”

« groupe »

“group” means a registered party, registered association, unincorporated trade union, trade association or other group of persons acting together by mutual consent for a common purpose.

“internal services”

« services internes »

“internal services” means

  • (a) in relation to a group, the services provided by its members or employees, and those provided to it free of charge by any individual;

  • (b) in relation to a candidate, a nomination contestant or a third party who is an individual, the services provided by them personally or by their employees and those provided free of charge to the candidate, contestant or third party by any individual; and

  • (c) in relation to a third party that is a corporation, the services provided by its employees and those provided to it free of charge by any individual.

“official representative”

« représentant officiel »

“official representative” means

  • (a) in the case of a registered party, its chief agent;

  • (b) in the case of a registered association, its financial agent;

  • (c) in the case of a candidate, their official agent;

  • (d) in the case of a nomination contestant, their financial agent;

  • (e) in the case of a registered third party, its financial agent;

  • (f) in the case of an unregistered third party that is a corporation, the officer of the corporation who has signing authority for it; and

  • (g) in the case of an unregistered third party that is a group, a person who is responsible for the group.

“registered third party”

« tiers enregistré »

“registered third party” means a third party that is registered under section 353.

“third party”

« tiers »

“third party” means a person or a group, other than a registered party, registered association, candidate or nomination contestant.

“voter contact calling services”

« services d’appels aux électeurs »

“voter contact calling services” means services involving the making of calls during an election period for any purpose related to an election, including

  • (a) promoting or opposing a registered party, its leader, a candidate or a nomination contestant or any position on an issue with which such a party or person is associated;

  • (b) encouraging electors to vote or to refrain from voting;

  • (c) providing information about the election, including information about voting hours and the location of polling stations;

  • (d) gathering information about how electors voted in past elections or will vote in the election or their views on a registered party, its leader, a candidate or a nomination contestant or any issue with which such a party or person is associated; and

  • (e) raising funds for a registered party, a registered association, a candidate or a nomination contestant.

  • 2014, c. 12, s. 75.

Division 2Scripts and Recordings

Marginal note:Calling service provider — agreement

 Every calling service provider that, in accordance with an agreement, provides voter contact calling services shall keep, for three years after the end of the election period,

  • (a) a copy of each unique script used in live voice calls made under the agreement and a record of every date on which the script was used; and

  • (b) a recording of each unique message conveyed by an automatic dialing-announcing device that is used to make calls under the agreement and a record of every date on which it was so conveyed.

  • 2014, c. 12, s. 77.
Marginal note:Person or group — agreement

 Every person or group that enters into an agreement with a calling service provider under which voter contact calling services are provided shall keep, for one year after the end of the election period,

  • (a) a copy of each unique script used in live voice calls made under the agreement and a record of every date on which the script was used; and

  • (b) a recording of each unique message conveyed by an automatic dialing-announcing device that is used to make calls under the agreement and a record of every date on which it was so conveyed.

  • 2014, c. 12, s. 77.
Marginal note:Person or group — internal services

 If, during an election period, a person or group uses their internal services to make calls by means of an automatic dialing-announcing device for any purpose relating to the election, including a purpose referred to in any of paragraphs (a) to (e) of the definition “voter contact calling services” in section 348.01, the person or group shall keep a recording of each unique message conveyed by the device and a record of every date on which it was so conveyed, for one year after the end of the election period.

  • 2014, c. 12, s. 77.
Marginal note:Third party that is corporation or group — internal services

 If, during an election period, a third party that is a corporation or group uses its internal services to make live voice calls for any purpose relating to the election, including a purpose referred to in any of paragraphs (a) to (e) of the definition “voter contact calling services” in section 348.01, the third party shall, if a script is used, keep a copy of each unique script used and a record of every date on which the script was used, for one year after the end of the election period.

  • 2014, c. 12, s. 77.

PART 17THIRD PARTY ELECTION ADVERTISING

Marginal note:Definitions

 The definitions in this section apply in this Part.

“election advertising”

« publicité électorale »

“election advertising” has the same meaning as in section 319.

“election advertising expense”

« dépenses de publicité électorale »

“election advertising expense” means an expense incurred in relation to

  • (a) the production of an election advertising message; and

  • (b) the acquisition of the means of transmission to the public of an election advertising message.

“expenses”

« dépenses »

“expenses” means

  • (a) amounts paid;

  • (b) liabilities incurred;

  • (c) the commercial value of property and services, other than volunteer labour, that are donated or provided; and

  • (d) amounts that represent the difference between an amount paid or a liability incurred for property and services, other than volunteer labour, and the commercial value of the property and services, when they are provided at less than their commercial value.

“group”

« groupe »

“group” means an unincorporated trade union, trade association or other group of persons acting together by mutual consent for a common purpose.

“third party”

« tiers »

“third party” means a person or a group, other than a candidate, registered party or electoral district association of a registered party.

Marginal note:Spending limit
  •  (1) Subject to section 351.1, a third party shall not incur election advertising expenses of a total amount of more than $150,000 in relation to a general election.

  • Marginal note:Spending limit — electoral district

    (2) Not more than $3,000 of the total amount referred to in subsection (1) shall be incurred to promote or oppose the election of one or more candidates in a given electoral district, including by

    • (a) naming them;

    • (b) showing their likenesses;

    • (c) identifying them by their respective political affiliations; or

    • (d) taking a position on an issue with which they are particularly associated.

  • Marginal note:Expenses re party leader

    (3) The limit set out in subsection (2) only applies to an amount incurred with respect to a leader of a registered party or eligible party to the extent that it is incurred to promote or oppose his or her election in a given electoral district.

  • Marginal note:Spending limit — by-election

    (4) Subject to section 351.1, a third party shall not incur election advertising expenses of a total amount of more than $3,000 in a given electoral district in relation to a by-election.

  • Marginal note:Uncancellable spending

    (4.1) If a general election is held on a date other than one set out in subsection 56.1(2) or section 56.2, or if a by-election is held, a third party does not incur an election advertising expense if, on the issue of the writ or writs, it is not able to cancel the transmission of that advertising.

  • Marginal note:Third party inflation adjustment factor

    (5) The amounts referred to in subsections (1), (2) and (4) shall be multiplied by the inflation adjustment factor referred to in section 384 that is in effect on the issue of the writ or writs.

  • Marginal note:Election period longer than 37 days

    (6) If an election period is longer than 37 days, then the amounts referred to in subsections (1), (2) and (4) are increased by adding to them the product of

    • (a) one thirty-seventh of the amount referred to in subsection (1), (2) or (4), as the case may be, and

    • (b) the number of days in the election period minus 37.

  • 2000, c. 9, s. 350;
  • 2014, c. 12, s. 78.
Marginal note:No combination to exceed limit

 A third party shall not circumvent, or attempt to circumvent, a limit set out in section 350 in any manner, including by splitting itself into two or more third parties for the purpose of circumventing the limit or acting in collusion with another third party so that their combined election advertising expenses exceed the limit.

Marginal note:Prohibition — foreign third parties

 A third party shall not incur election advertising expenses of a total amount of $500 or more in relation to a general election or a by-election, or, if the election periods of two or more by-elections overlap with each other in whole or in part, in relation to those by-elections, unless

  • (a) if the third party is an individual, the individual

  • (b) if the third party is a corporation, it carries on business in Canada; and

  • (c) if the third party is a group, a person who is responsible for the group

  • 2014, c. 12, s. 78.1.
Marginal note:Clarification

 For greater certainty, for the purposes of subsections 350(1) and (4) and section 351.1 if election advertising is transmitted during an election period, it shall be considered an election advertising expense, regardless of when it was incurred.

  • 2014, c. 12, s. 78.1.
Marginal note:Advertising must name third party

 A third party shall identify itself in any election advertising placed by it and indicate that it has authorized the advertising.

Marginal note:Registration requirement for third parties
  •  (1) Subject to section 351.1, a third party shall register immediately after having incurred election advertising expenses of a total amount of $500 and may not register before the issue of the writ.

  • Marginal note:Application for registration

    (2) An application for registration shall be sent to the Chief Electoral Officer in the prescribed form and shall include

    • (a) if the third party is an individual, the individual’s name, address and telephone number, their signature and their certification that

    • (b) if the third party is a corporation, the name, address and telephone number of the corporation and of an officer who has signing authority for it, the officer’s signature and their certification that the corporation carries on business in Canada;

    • (b.1) if the third party is a group, the name, address and telephone number of the group and of a person who is responsible for the group, the person’s signature and their certification that

    • (c) the address and telephone number of the office of the third party where its books and records are kept and of the office to which communications may be addressed; and

    • (d) the name, address and telephone number of the third party’s financial agent.

  • Marginal note:Declaration of financial agent to accompany application

    (3) An application under subsection (2) must be accompanied by a declaration signed by the financial agent accepting the appointment.

  • Marginal note:New financial agent

    (4) If a third party’s financial agent is replaced, it shall, without delay, provide the Chief Electoral Officer with the new financial agent’s name, address and telephone number and a declaration signed by the new financial agent accepting the appointment.

  • Marginal note:Trade union or corporation

    (5) If the third party is a trade union, corporation or other entity with a governing body, the application must include a copy of the resolution passed by its governing body authorizing it to incur election advertising expenses.

  • Marginal note:Examination of application

    (6) The Chief Electoral Officer shall, without delay after receiving an application, determine whether the requirements set out in subsections (1) to (3) and (5) are met and shall then notify the person who signed the application whether the third party is registered. In the case of a refusal to register, the Chief Electoral Officer shall give reasons for the refusal.

  • Marginal note:Application rejected

    (7) A third party may not be registered under a name that, in the opinion of the Chief Electoral Officer, is likely to be confused with the name of a candidate, registered party, registered third party or eligible party.

  • Marginal note:Registration ends

    (8) The registration of a third party is valid only for the election period during which the application is made, but the third party continues to be subject to the requirement to file an election advertising report under subsection 359(1).

  • 2000, c. 9, s. 353;
  • 2014, c. 12, s. 79.
Marginal note:Appointment of financial agent
  •  (1) A third party that is required to register under subsection 353(1) shall appoint a financial agent who may be a person who is authorized to sign an application for registration made under that subsection.

  • Marginal note:Financial agent — ineligible persons

    (2) The following persons are not eligible to be a financial agent of a third party:

    • (a) a candidate or an official agent of a candidate;

    • (b) a person who is the chief agent, or a registered agent, of a registered party;

    • (c) an election officer or an employee of a returning officer; and

    • (d) a person who is not a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.

  • 2000, c. 9, s. 354;
  • 2001, c. 27, s. 212.
Marginal note:Requirement to appoint auditor
  •  (1) A third party that incurs election advertising expenses in an aggregate amount of $5,000 or more must appoint an auditor without delay.

  • Marginal note:Eligibility criteria

    (2) The following are eligible to be an auditor for a third party:

    • (a) a person who is a member in good standing of a corporation, an association or an institute of professional accountants; or

    • (b) a partnership every partner of which is a member in good standing of a corporation, an association or an institute of professional accountants.

  • Marginal note:Ineligibility criteria

    (3) The following persons are not eligible to be an auditor for a third party:

    • (a) the third party’s financial agent;

    • (b) a person who signed the application made under subsection 353(2);

    • (c) an election officer;

    • (d) a candidate;

    • (e) the official agent of a candidate;

    • (f) the chief agent of a registered party or an eligible party; and

    • (g) a registered agent of a registered party.

  • Marginal note:Notification of appointment

    (4) Every third party, without delay after an auditor is appointed, must provide the Chief Electoral Officer with the auditor’s name, address, telephone number and occupation and a signed declaration accepting the appointment.

  • Marginal note:New auditor

    (5) If a third party’s auditor is replaced, it must, without delay, provide the Chief Electoral Officer with the new auditor’s name, address, telephone number and occupation and a signed declaration accepting the appointment.

Marginal note:Registry of third parties

 The Chief Electoral Officer shall maintain, for the period that he or she considers appropriate, a registry of third parties in which is recorded, in relation to each third party, the information referred to in subsections 353(2) and 355(4) and (5).

Marginal note:Authorization by financial agent for expenses, etc.
  •  (1) Every contribution made during an election period to a registered third party for election advertising purposes must be accepted by, and every election advertising expense incurred on behalf of a third party must be authorized by, its financial agent.

  • Marginal note:Delegation

    (2) A financial agent may authorize a person to accept contributions or incur election advertising expenses, but that authorization does not limit the responsibility of the financial agent.

  • Marginal note:Prohibited use of certain contributions

    (3) No third party shall use a contribution for election advertising if the third party does not know the name and address of the contributor or is otherwise unable to determine within which class of contributor referred to in subsection 359(6) they fall.

Marginal note:Prohibition — use of foreign contributions

 No third party shall use a contribution for election advertising purposes if the contribution is from

  • (a) a person who is not a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act;

  • (b) a corporation or an association that does not carry on business in Canada;

  • (c) a trade union that does not hold bargaining rights for employees in Canada;

  • (d) a foreign political party; or

  • (e) a foreign government or an agent of one.

  • 2000, c. 9, s. 358;
  • 2001, c. 27, s. 213.
Marginal note:Election advertising report
  •  (1) Every third party that is required to be registered in accordance with subsection 353(1) shall file an election advertising report in the prescribed form with the Chief Electoral Officer within four months after polling day.

  • Marginal note:Contents of report

    (2) An election advertising report shall contain

    • (a) in the case of a general election,

      • (i) a list of election advertising expenses referred to in subsection 350(2) and the time and place of the broadcast or publication of the advertisements to which the expenses relate, and

      • (ii) a list of all election advertising expenses other than those referred to in subparagraph (i) and the time and place of broadcast or publication of the advertisements to which the expenses relate; and

    • (b) in the case of a by-election, a list of election advertising expenses referred to in subsection 350(4) and the time and place of the broadcast or publication of the advertisements to which the expenses relate.

  • Marginal note:When no expenses

    (3) If a third party has not incurred expenses referred to in paragraph (2)(a) or (b), that fact shall be indicated in its election advertising report.

  • Marginal note:Contributions

    (4) The election advertising report shall include

    • (a) the amount, by class of contributor, of contributions for election advertising purposes that were received in the period beginning six months before the issue of the writ and ending on polling day;

    • (b) for each contributor who made contributions of a total amount of more than $200 for election advertising purposes during the period referred to in paragraph (a), subject to paragraph (b.1), their name, address and class, and the amount and date of each contribution;

    • (b.1) in the case of a numbered company that is a contributor referred to in paragraph (b), the name of the chief executive officer or president of that company; and

    • (c) the amount, other than an amount of a contribution referred to in paragraph (a), that was paid out of the third party’s own funds for election advertising expenses.

  • Marginal note:Loans

    (5) For the purpose of subsection (4), a contribution includes a loan.

  • Marginal note:Categories

    (6) For the purposes of paragraphs (4)(a) and (b), the following are the classes of contributor:

    • (a) individuals;

    • (b) businesses;

    • (c) commercial organizations;

    • (d) governments;

    • (e) trade unions;

    • (f) corporations without share capital other than trade unions; and

    • (g) unincorporated organizations or associations other than trade unions.

  • Marginal note:Names must be provided

    (7) If the third party is unable to identify which contributions were received for election advertising purposes in the period referred to in paragraph (4)(a), it must list, subject to paragraph (4)(b.1), the names and addresses of every contributor who donated a total of more than $200 to it during that period.

  • Marginal note:Declaration

    (8) An election advertising report shall include the signed declarations of the financial agent and, if different, of the person who signed the application made under subsection 353(2) that the report is accurate.

  • Marginal note:Bills, receipts

    (9) A third party shall, at the request of the Chief Electoral Officer, provide the original of any bill, voucher or receipt in relation to an election advertising expense that is in an amount of more than $50.

  • 2000, c. 9, s. 359;
  • 2001, c. 21, s. 20.
Marginal note:Auditor’s report
  •  (1) The election advertising report of a third party that incurs $5,000 or more in election advertising expenses must include a report made under subsection (2).

  • Marginal note:Auditor’s report

    (2) The third party’s auditor shall report on the election advertising report and shall make any examination that will enable the auditor to give an opinion in the report as to whether the election advertising report presents fairly the information contained in the accounting records on which it is based.

  • Marginal note:Statement

    (3) An auditor shall include in the report any statement that the auditor considers necessary, when

    • (a) the election advertising report that is the subject of the auditor’s report does not present fairly the information contained in the accounting records on which it is based;

    • (b) the auditor has not received from the third party all of the required information and explanation; or

    • (c) based on the auditor’s examination, it appears that proper accounting records have not been kept by the third party.

  • Marginal note:Right of access

    (4) The auditor shall have access at any reasonable time to all of the documents of the third party, and may require the third party to provide any information or explanation, that, in the auditor’s opinion, is necessary to enable the auditor to prepare the report.

Marginal note:Corrections to election expenses report

 The Chief Electoral Officer may make a correction in a report referred to in subsection 359(1) if the error does not materially affect the substance of the report.

Marginal note:Publication

 The Chief Electoral Officer shall, in the manner he or she considers appropriate,

  • (a) publish the names and addresses of registered third parties, as they are registered; and

  • (b) publish, within one year after the issue of the writ, reports made under subsection 359(1).

PART 18FINANCIAL ADMINISTRATION

Division 1General Financial Provisions

Contributions

Marginal note:Prohibition — ineligible contributors
  •  (1) No person or entity other than an individual who is a Canadian citizen or is a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act shall make a contribution to a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant.

  • Marginal note:Return of contributions

    (2) If a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant receives a contribution from an ineligible contributor, the chief agent of the registered party, the financial agent of the registered association, the official agent of the candidate or the financial agent of the nomination contestant or leadership contestant, as the case may be, shall, within 30 days after becoming aware of the ineligibility, return the contribution unused to the contributor or, if that is not possible, pay the amount of it — or, in the case of a non-monetary contribution, an amount of money equal to its commercial value — to the Chief Electoral Officer, who shall forward that amount to the Receiver General.

  • Marginal note:Provincial divisions

    (3) For greater certainty, contributions to and expenses of a provincial division of a registered party are contributions to and expenses of the party. Similarly, transfers of funds to or by the division are transfers to or by the party.

  • Marginal note:Registered agents

    (4) A provincial division of a registered party may appoint registered agents, subject to any terms and conditions that the appointment specifies. This Act applies to those agents as if they were registered agents appointed by the party under subsection 396(1).

  • 2000, c. 9, s. 363;
  • 2014, c. 12, s. 86.
Marginal note:Contributions — inclusions and exclusions
  •  (1) Any money that is used for a nomination contestant’s, a candidate’s or a leadership contestant’s campaign out of their own funds is a contribution for the purposes of this Act.

  • Marginal note:Exclusion for goods and services — registered parties, registered associations and candidates

    (2) A provision of goods or services is permitted and is not a contribution for the purposes of this Act if it is

    • (a) from a registered party to an electoral district association of the party or a candidate endorsed by the party;

    • (b) from a registered association to the registered party with which it is affiliated, another registered association of the party or a candidate endorsed by the party;

    • (c) from a registered party or registered association to a nomination contestant or a leadership contestant in compliance with subsection 365(1);

    • (d) from a candidate endorsed by a registered party to the party or a registered association of the party;

    • (e) from a candidate to themselves in their capacity as a nomination contestant in respect of the same election; or

    • (f) in the case where a writ is deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act, from a candidate in an election that is cancelled to themselves in their capacity as a candidate in respect of the general election resulting from the dissolution of Parliament.

  • Marginal note:Exclusion for funds — registered parties, registered associations and candidates

    (3) A transfer of funds is permitted and is not a contribution for the purposes of this Act if it is

    • (a) from a registered party to an electoral district association of the party;

    • (b) from a registered association to the registered party with which it is affiliated or another registered association of the party;

    • (c) from a candidate endorsed by a registered party to the party or a registered association of the party;

    • (d) from a candidate to themselves in their capacity as a nomination contestant in respect of the same election; or

    • (e) in the case where a writ is deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act, from a candidate in an election that is cancelled to themselves in their capacity as a candidate in respect of the general election resulting from the dissolution of Parliament.

  • Marginal note:Exclusion for funds other than trust funds — registered parties and registered associations

    (4) A transfer of funds, other than trust funds, is permitted and is not a contribution for the purposes of this Act if it is

    • (a) from a registered party to a candidate endorsed by the party; or

    • (b) from a registered association to a candidate endorsed by the registered party with which the association is affiliated.

  • Marginal note:Exclusion for funds — nomination contestants, leadership contestants and registered parties

    (5) A transfer of funds is permitted and is not a contribution for the purposes of this Act if it is

    • (a) from a nomination contestant of a registered party to the party, the registered association of the party that held the nomination contest or the official agent of the candidate endorsed by the party in the electoral district in which the nomination contest was held;

    • (b) from a leadership contestant of a registered party to the party or a registered association of the party; or

    • (c) from a registered party to a leadership contestant out of funds from a directed contribution referred to in subsection 365(3).

  • Marginal note:Exclusion — paid leave of absence

    (6) The provision by an employer of a paid leave of absence to an employee for the purpose of allowing the employee to be a nomination contestant or candidate is not a contribution.

  • Marginal note:Exclusion — membership fees

    (7) The payment by an individual during a year of fees of not more than $25 per year for a period of not more than five years for membership in a registered party is not a contribution.

  • Marginal note:Contribution

    (8) For greater certainty, the payment by or on behalf of an individual of fees to attend an annual or biennial convention or leadership convention of a particular registered party is a contribution to that party.

  • 2000, c. 9, s. 364;
  • 2014, c. 12, s. 86.
Marginal note:Certain transfers prohibited
  •  (1) No registered party and no electoral district association of a registered party shall provide goods or services or transfer funds to a nomination contestant or a leadership contestant, unless the goods or services are offered equally to all contestants.

  • Definition of “directed contribution”

    (2) In this section, “directed contribution” means an amount that is all or part of a contribution made to a registered party and that the contributor requests in writing be transferred to a particular leadership contestant.

  • Marginal note:Exception

    (3) Subsection (1) does not apply to a directed contribution that is transferred by the registered party to the leadership contestant mentioned in the request if the party provides, with the amount transferred, a statement in the prescribed form setting out the name and address of the contributor, the amount and date of the contribution, the amount of the directed contribution, the amount that the party is transferring and the date of the transfer.

  • Marginal note:Presumption

    (4) The amount of a directed contribution that is to be transferred to a leadership contestant is deemed to be a contribution made by the contributor to the contestant.

  • 2000, c. 9, s. 365;
  • 2014, c. 12, s. 86.
Marginal note:Issuance of receipts
  •  (1) Any person who is authorized to accept contributions on behalf of a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant shall issue a receipt — of which the person shall keep a copy — for each contribution of more than $20 that they accept.

  • Marginal note:Record keeping

    (2) If anonymous contributions of $20 or less per person are collected in response to a general solicitation at a meeting or fundraising event related to the affairs of a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant, the person authorized to accept those contributions shall record the following:

    • (a) a description of the function at which the contributions were collected;

    • (b) the date of the function;

    • (c) the approximate number of people at the function; and

    • (d) the total amount of the anonymous contributions received.

  • 2000, c. 9, s. 366;
  • 2004, c. 24, s. 3;
  • 2014, c. 12, s. 86.
Marginal note:Contribution limits
  •  (1) Subject to subsection 373(4), no individual shall make contributions that exceed

    • (a) $1,500 in total in any calendar year to a particular registered party;

    • (b) $1,500 in total in any calendar year to the registered associations, nomination contestants and candidates of a particular registered party;

    • (c) $1,500 in total to a candidate for a particular election who is not the candidate of a registered party; and

    • (d) $1,500 in total in any calendar year to the leadership contestants in a particular leadership contest.

  • Marginal note:Testamentary dispositions

    (2) A contribution may be made by way of a testamentary disposition if the contribution is made only in one calendar year and does not cause the contributor to exceed the relevant limit under subsection (1), taking into account any contributions that the contributor made before their death.

  • Marginal note:Non-conforming testamentary dispositions read down

    (3) A testamentary disposition that provides for a contribution that would cause the contributor to exceed the relevant limit under subsection (1) shall be read as if the contribution is for the highest amount that would not cause the contributor to exceed that limit, and a testamentary disposition that provides for a contribution to be made in more than one calendar year after the year in which this subsection comes into force shall be read as if the contribution is to be made only in the first of those calendar years.

  • Marginal note:Attribution of certain contributions

    (4) For the purposes of subsection (1), a contribution to a person who presents themselves as seeking the endorsement of a particular registered party is to be treated as a contribution referred to in paragraph (1)(b) to a candidate of that party and a contribution to a person who presents themselves as seeking to be a candidate not endorsed by any registered party is to be treated as a contribution referred to in paragraph (1)(c).

  • Marginal note:Exception — nomination contestant’s contributions to own campaign

    (5) Contributions that do not exceed $1,000 in total by a nomination contestant out of their own funds to their own campaign as a nomination contestant do not count towards the nomination contestant’s contributions for the purposes of paragraph (1)(b).

  • Marginal note:Contributions — candidates and leadership contestants

    (6) Subject to subsection (7), no candidate in a particular election and no leadership contestant in a particular leadership contest shall make a contribution out of their own funds to their own campaign.

  • Marginal note:Exception — certain contributions to own campaign

    (7) The following contributions are permitted:

    • (a) contributions that do not exceed $5,000 in total by a candidate for a particular election out of their own funds to their own campaign; and

    • (b) contributions that do not exceed $25,000 in total by a leadership contestant in a particular leadership contest out of their own funds to their own campaign.

  • Marginal note:Contributions under subsection (1) not affected

    (8) Contributions made under subsection (7) do not have the effect of reducing the amounts that the candidate or leadership contestant, as the case may be, may contribute under subsection (1) to other candidates or to other leadership contestants, as the case may be.

  • 2000, c. 9, s. 367;
  • 2014, c. 12, ss. 86, 87.
Marginal note:Prohibition — circumventing limits
  •  (1) No person or entity shall

    • (a) circumvent, or attempt to circumvent, the prohibition under subsection 363(1) or 367(6) or a limit set out in subsection 367(1) or (7) or section 371; or

    • (b) act in collusion with another person or entity for that purpose.

  • Marginal note:Prohibition — concealing source of contribution

    (2) No person or entity shall

    • (a) conceal, or attempt to conceal, the identity of the source of a contribution governed by this Act; or

    • (b) act in collusion with another person or entity for that purpose.

  • Marginal note:Prohibition — accepting excessive contributions

    (3) No person who is permitted to accept contributions under this Act shall knowingly accept a contribution that exceeds a limit under this Act.

  • Marginal note:Prohibited agreements

    (4) No person or entity shall enter into an agreement for the provision for payment of goods or services, directly or indirectly, to a registered party or a candidate that includes a term that any individual will make a contribution, directly or indirectly, to a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant.

  • 2000, c. 9, s. 368;
  • 2004, c. 24, s. 4;
  • 2014, c. 12, s. 86.

 [Repealed, 2014, c. 12, s. 86]

Marginal note:Prohibition — soliciting or accepting contribution
  •  (1) No person or entity shall solicit or accept a contribution on behalf of a registered party, a registered association or a candidate if the person or entity makes a representation to the contributor or potential contributor that part or all of the contribution would be transferred to a person or entity other than the registered party or a candidate, a leadership contestant or an electoral district association.

  • Marginal note:Prohibition — collusion

    (2) No person or entity shall act in collusion with another person or entity for the purpose of circumventing the prohibition under subsection (1).

  • 2000, c. 9, s. 369;
  • 2004, c. 24, s. 5;
  • 2014, c. 12, s. 86.
Marginal note:Prohibition — making indirect contributions
  •  (1) No individual shall make a contribution to a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant that comes from money, property or the services of any person or entity that was provided to that individual for that purpose.

  • Marginal note:Exception — candidates and leadership contestants

    (2) Despite subsection (1), a candidate or a leadership contestant may make a contribution under subsection 367(7) that comes from money provided by way of a loan to the candidate or leadership contestant made in writing by a financial institution as defined in section 2 of the Bank Act at a fair market rate of interest, as long as no security is given for the loan except property of the candidate or leadership contestant, as the case may be.

  • 2000, c. 9, s. 370;
  • 2004, c. 24, s. 5;
  • 2014, c. 12, s. 86.
Marginal note:Limit on cash contributions

 No individual shall, in respect of each contribution made under this Division, contribute cash in an amount that exceeds $20.

  • 2000, c. 9, s. 371;
  • 2014, c. 12, s. 86.
Marginal note:Return of contributions

 If a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant receives a contribution made in contravention of subsection 367(1) or 368(4) or section 370 or 371, the chief agent of the registered party, the financial agent of the registered association, the official agent of the candidate or the financial agent of the nomination contestant or leadership contestant, as the case may be, shall, within 30 days after becoming aware of the contravention, return the contribution unused to the contributor or, if that is not possible, pay the amount of it — or, in the case of a non-monetary contribution, an amount of money equal to its commercial value — to the Chief Electoral Officer, who shall forward that amount to the Receiver General.

  • 2000, c. 9, s. 372;
  • 2003, c. 19, s. 8;
  • 2014, c. 12, s. 86.

Loans, Guarantees and Suretyships

Marginal note:Ineligible lenders and guarantors
  •  (1) Except as permitted under this section, no person or entity shall

    • (a) make a loan to a registered party or a registered association;

    • (b) make a loan to a nomination contestant, a candidate or a leadership contestant in relation to the contestant’s or candidate’s campaign; or

    • (c) guarantee a loan referred to in paragraph (a) or (b).

  • Marginal note:Ineligible borrowers

    (2) Except if the loan is permitted under this section, no registered agent of a registered party and no financial agent of a registered association shall borrow money on behalf of the party or association, and no official agent of a candidate and no financial agent of a nomination contestant or of a leadership contestant shall borrow money for the purposes of the candidate’s or contestant’s campaign.

  • Marginal note:Exception — financial institutions

    (3) A financial institution as defined in section 2 of the Bank Act may in writing make a loan referred to in subsection (1) at a fair market rate of interest.

  • Marginal note:Exception — individuals

    (4) An individual who is a Canadian citizen or is a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act may in writing make a loan referred to in subsection (1) or guarantee such a loan. However, the total of the following amounts shall not at any time exceed the individual’s relevant contribution limit set out in paragraphs 367(1)(a) to (d), subsection 367(5) and paragraphs 367(7)(a) and (b):

    • (a) the amounts of the individual’s contributions,

    • (b) the amounts of the individual’s loans made in the relevant contribution period, not including any amount that has been repaid in the calendar year in which the loan was made, and

    • (c) the amounts guaranteed by the individual in the relevant contribution period, not including any amount for which the individual has ceased to be liable in the calendar year in which the guarantee was given.

  • Marginal note:Exception — certain loans

    (5) A loan may be made in writing

    • (a) by a registered party to a registered association of the party or a candidate endorsed by the party; or

    • (b) by a registered association to the registered party with which it is affiliated, another registered association of the party or a candidate endorsed by the party.

  • Marginal note:Exception — certain guarantees and suretyships

    (6) A registered party or registered association may in writing guarantee a loan made in writing to a party, association or candidate to which it itself is permitted to make a loan under subsection (5).

  • 2000, c. 9, s. 373;
  • 2014, c. 12, s. 86.
Marginal note:Prohibition — making indirect loans

 No individual shall make a loan to a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant that is made possible by money, property or the services of any person or entity that was provided to that individual for that purpose.

  • 2000, c. 9, s. 374;
  • 2014, c. 12, s. 86.

 [Repealed, 2014, c. 12, s. 86]

Expenses

Marginal note:Electoral campaign expenses

 An electoral campaign expense of a candidate is an expense reasonably incurred as an incidence of the election, including

  • (a) an election expense;

  • (b) a personal expense; and

  • (c) any fees of the candidate’s auditor, and any costs incurred for a recount of votes cast in the candidate’s electoral district, that have not been reimbursed by the Receiver General.

  • 2000, c. 9, s. 375;
  • 2003, c. 19, s. 9;
  • 2014, c. 12, s. 86.
Marginal note:Election expenses
  •  (1) An election expense is any of the following:

    • (a) any cost incurred, or non-monetary contribution received, by a registered party or a candidate, to the extent that the property or service that the cost was incurred for or that was received as a non-monetary contribution is used to directly promote or oppose a registered party, its leader or a candidate during an election period; and

    • (b) any acceptance by a registered party or a candidate of a provision of goods or services that is permitted under subsection 364(2), to the extent that the goods or services are used to directly promote or oppose a registered party, its leader or a candidate during an election period.

  • Marginal note:Exclusions — certain fundraising and nominations

    (2) Expenses for a fundraising activity and expenses to directly promote the nomination of a person as a candidate or the selection of a person as leader of a registered party, other than expenses referred to in paragraphs (3)(a) and (b) that are related to such fundraising and promotional activities, are not election expenses under subsection (1).

  • Marginal note:Inclusions

    (3) An election expense referred to in subsection (1) includes a cost incurred for, a non-monetary contribution in relation to, or a provision of goods and services in relation to,

    • (a) the production of advertising or promotional material;

    • (b) the distribution, broadcast or publication of such material in any media or by any other means during the election period, including by the use of a capital asset;

    • (c) the payment of remuneration and expenses to or on behalf of a person for their services as an official agent or registered agent or in any other capacity;

    • (d) securing a meeting space or the supply of light refreshments at meetings;

    • (e) any product or service provided by a government, a Crown corporation or any other public agency; and

    • (f) the conduct of election surveys or other surveys or research during an election period.

  • Definition of “cost incurred”

    (4) In subsection (1), “cost incurred” means an expense that is incurred by a registered party or a candidate, whether it is paid or unpaid.

  • 2000, c. 9, s. 376;
  • 2003, c. 19, s. 10;
  • 2014, c. 12, s. 86.
Marginal note:Contributions for ticketed fundraising functions

 If a fundraising activity is held for the primary purpose of soliciting a monetary contribution for a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant by way of selling a ticket, the amount of the monetary contribution received is the difference between the price of the ticket and the fair market value of what the ticket entitles the bearer to obtain.

  • 2000, c. 9, s. 377;
  • 2003, c. 19, s. 11;
  • 2004, c. 24, s. 8;
  • 2014, c. 12, s. 86.
Marginal note:Personal expenses — candidate
  •  (1) A candidate’s personal expenses include

    • (a) travel and living expenses;

    • (b) childcare expenses;

    • (c) expenses relating to the provision of care for a person with a physical or mental incapacity for whom the candidate normally provides such care; and

    • (d) in the case of a candidate who has a disability, additional expenses that are related to the disability.

  • Marginal note:Categories and maximums

    (2) The Chief Electoral Officer may establish categories of personal expenses and fix maximum amounts that may be incurred for expenses in each category.

  • 2000, c. 9, s. 378;
  • 2004, c. 24, s. 9;
  • 2014, c. 12, s. 86.
Marginal note:Costs related to candidate’s representatives

 Any expenses of a candidate that are incurred to remunerate the candidate’s representatives referred to in subsection 136(1) or 237.1(2) are deemed to be personal expenses of the candidate.

  • 2000, c. 9, s. 379;
  • 2014, c. 12, s. 86.
Marginal note:Evidence of payment — $50 or more
  •  (1) If an expense of $50 or more was incurred under this Act by or on behalf of a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant and paid by an agent or other person authorized under this Act to pay such an expense, the agent or other person shall keep a copy of the invoice prepared by the person who provided the good or service to which the expense relates setting out the nature of the expense together with proof that it was paid.

  • Marginal note:Evidence of payment — under $50

    (2) If an expense of less than $50 was incurred and paid as described in subsection (1), the person who made the payment shall keep a record of the nature of the expense together with proof that it was paid.

  • 2000, c. 9, s. 380;
  • 2014, c. 12, s. 86.

 [Repealed, 2014, c. 12, s. 86]

Marginal note:Petty expenses
  •  (1) A person may pay a petty expense incurred for office supplies, postage, courier services and other incidental expenses under the written authorization of

    • (a) a registered agent of a registered party, as an expense incurred on behalf of the registered party;

    • (b) an electoral district agent of a registered association, as an expense incurred on behalf of the association;

    • (c) the financial agent of a nomination contestant, as a nomination campaign expense;

    • (d) the official agent of a candidate, as an electoral campaign expense for the candidate; or

    • (e) a leadership campaign agent of a leadership contestant, as a leadership campaign expense.

  • Marginal note:Authorized maximum

    (2) The written authorization referred to in subsection (1) shall specify a maximum amount for the total of petty expenses that the person is authorized to pay.

  • Marginal note:Statement and evidence of payment

    (3) A person who is authorized to pay a petty expense shall provide the agent who authorized it with a statement of payments that the person made and the documentation referred to in section 380 within three months after

    • (a) in the case of a petty expense incurred on behalf of a registered party, the day on which it is incurred;

    • (b) in the case of a petty expense incurred on behalf of a registered association, the day on which it is incurred;

    • (c) in the case of a petty expense incurred on behalf of a nomination contestant, the day on which it is incurred;

    • (d) in the case of a petty expense incurred on behalf of a candidate, polling day; and

    • (e) in the case of a petty expense incurred on behalf of a leadership contestant, the day on which it is incurred.

  • Marginal note:Prohibition

    (4) No person who is authorized to pay petty expenses shall pay, in total, more than the maximum amount of petty expenses that they are authorized to pay.

  • 2000, c. 9, s. 381;
  • 2004, c. 24, s. 11;
  • 2014, c. 12, s. 86.

 [Repealed, 2014, c. 12, s. 86]

Marginal note:Publication of electoral campaign returns and election expenses returns
  •  (1) The Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish the original election expenses returns of registered parties and electoral campaign returns of candidates and any corrected or revised versions of those returns

    • (a) in the case of an original return, within one year after the issue of a writ for an election;

    • (b) in the case of a corrected or revised version of a return, as soon as feasible after he or she receives it; and

    • (c) in the case of a document referred to in subsection 477.59(10), (11), (12) or (15), or a corrected or revised version of such a document, as soon as feasible after he or she receives it.

  • Marginal note:Publication of financial transactions returns

    (2) The Chief Electoral Officer shall publish the following, as soon as feasible after receiving them, in the manner that he or she considers appropriate:

    • (a) the financial transactions returns of registered parties and registered associations, and any corrected or revised versions of those returns;

    • (b) the nomination campaign returns of nomination contestants, any document referred to in subsection 476.75(10), (11), (12) or (15), and any corrected or revised versions of those returns or documents; and

    • (c) the leadership campaign returns of leadership contestants, any document referred to in subsection 478.8(10), (11), (12) or (15), any corrected or revised versions of those returns or documents, the returns in respect of contributions required under section 478.81, and any statements containing information with respect to contributions referred to in paragraph 478.3(2)(d).

  • Marginal note:Summary of return on candidates’ election expenses

    (3) As soon as feasible after receiving an electoral campaign return, any document referred to in subsection 477.59(10), (11), (12) or (15) or any corrected or revised version of those returns or documents for each candidate in an electoral district, the Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish a summary report that includes the maximum election expenses allowed for the electoral district and, for each candidate,

    • (a) the total election expenses;

    • (b) the total personal expenses;

    • (c) the number of contributors and the total amount of contributions received;

    • (d) the name of the official agent;

    • (e) the name of the auditor; and

    • (f) if applicable, an indication that the auditor’s report on a return was qualified.

  • Marginal note:Publication of return of deregistered parties

    (4) As soon as feasible after receiving a financial transactions return under subparagraph 420(a)(i) from a deregistered political party, the Chief Electoral Officer shall publish it in the manner that he or she considers appropriate.

  • 2000, c. 9, s. 382;
  • 2003, c. 19, s. 12;
  • 2004, c. 24, s. 14;
  • 2014, c. 12, s. 86.
Marginal note:Delivery to returning officers
  •  (1) The Chief Electoral Officer shall, as soon as feasible after receiving the documents referred to in subsection 477.59(1) for an electoral district, deliver a copy of them to the returning officer for the electoral district.

  • Marginal note:Public availability

    (2) A returning officer who receives documents under subsection (1) shall, on request, make them available for six months for public inspection at any reasonable time. Copies may be obtained for a fee of up to $0.25 per page.

  • Marginal note:Retention

    (3) A returning officer who receives documents under subsection (1) shall retain them for three years, or any shorter period that the Chief Electoral Officer considers appropriate, after the end of the six-month period mentioned in subsection (2).

  • 2000, c. 9, s. 383;
  • 2014, c. 12, s. 86.

Inflation Adjustment Factor

Marginal note:Inflation adjustment factor

 Before April 1 in each year, the Chief Electoral Officer shall cause to be published in the Canada Gazette an inflation adjustment factor that is in effect for a period of one year beginning on that date. It shall be a fraction with

  • (a) a numerator that is the annual average Consumer Price Index, as published by Statistics Canada under the authority of the Statistics Act, for the calendar year immediately before that date, calculated on the basis of 1992 being equal to 100; and

  • (b) a denominator that is 108.6, which is the annual average Consumer Price Index, as published by Statistics Canada under the authority of the Statistics Act, for 1998, calculated on the basis of 1992 being equal to 100.

  • 2000, c. 9, s. 384;
  • 2004, c. 24, s. 15;
  • 2014, c. 12, s. 86.

 [Repealed, 2014, c. 12, s. 86]

Division 2Political Parties

Subdivision aRegistration of Political Parties

Application for Registration

Marginal note:Application for registration
  •  (1) The leader of a political party may apply to the Chief Electoral Officer for the political party to become a registered party.

  • Marginal note:Contents of application

    (2) The application for registration shall include

    • (a) the political party’s full name;

    • (b) the party’s short-form name, or its abbreviation, if any, that is to be shown in election documents;

    • (c) the party’s logo, if any;

    • (d) the name and address of the party’s leader and a copy of the party’s resolution to appoint the leader, certified by the leader and another officer of the party;

    • (e) the address of the party’s office where records are maintained and to which communications may be addressed;

    • (f) the names and addresses of the party’s officers and their signed consent to act in that capacity;

    • (g) the name and address of the party’s auditor and their signed consent to act in that capacity;

    • (h) the name and address of the party’s chief agent and their signed consent to act in that capacity;

    • (i) the names and addresses of 250 electors and their declarations in the prescribed form that they are members of the party and support the party’s application for registration; and

    • (j) the leader’s declaration in the prescribed form that, having considered all of the factors — including those described in subsection 521.1(5) — relevant to determining the party’s purposes, one of the party’s fundamental purposes is to participate in public affairs by endorsing one or more of its members as candidates and supporting their election.

  • Marginal note:Additional information

    (3) To confirm that the purpose referred to in paragraph (2)(j) is one of the party’s fundamental purposes, the Chief Electoral Officer may ask the party’s leader to provide any relevant information, including information about the factors described in subsection 521.1(5).

  • 2000, c. 9, s. 385;
  • 2003, c. 19, s. 13;
  • 2004, c. 24, s. 16;
  • 2014, c. 12, s. 86.

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

Marginal note:Withdrawal of application

 A leader who has made an application under subsection 385(1) may withdraw it at any time before registration by sending a signed request to that effect to the Chief Electoral Officer.

  • 2000, c. 9, s. 386;
  • 2003, c. 19, s. 14;
  • 2014, c. 12, s. 86.
Marginal note:Eligibility for registration

 A political party whose leader has made an application under subsection 385(1) becomes eligible for registration if

  • (a) its name, short-form name, abbreviation or logo does not

    • (i) so resemble the name, short-form name, abbreviation or logo of a registered party or an eligible party that it would, in the Chief Electoral Officer’s opinion, likely be confused with it, or

    • (ii) include the word “independent” or a word that so resembles “independent” that it would, in the Chief Electoral Officer’s opinion, likely be confused with it;

  • (b) the party has at least three officers in addition to its leader and has appointed a chief agent and an auditor; and

  • (c) the Chief Electoral Officer is satisfied that the party has provided the information required under subsection 385(2) and that the information is accurate.

  • 2000, c. 9, s. 387;
  • 2003, c. 19, s. 15;
  • 2014, c. 12, s. 86.
Marginal note:Preservation of name

 In the period of 30 days after the deregistration of a political party,

  • (a) no application for another political party to become a registered party shall be accepted — and no report under section 405 is effective — if the application or report would permit another political party to use a name, short-form name, abbreviation or logo that would, in the Chief Electoral Officer’s opinion, likely be confused with that of the deregistered party; and

  • (b) if a new application is made for the registration of the deregistered party under the name, short-form name, abbreviation or logo that it had at the time of its deregistration, the Chief Electoral Officer shall not refuse the application on the ground that it does not comply with subparagraph 387(a)(i).

  • 2000, c. 9, s. 388;
  • 2003, c. 19, s. 16;
  • 2014, c. 12, s. 86.
Marginal note:Notification of eligibility
  •  (1) The Chief Electoral Officer shall, as soon as feasible after the day on which the application is received, inform the leader of a political party who has applied for the party to become registered whether or not the party is eligible for registration under section 387. If the party is not eligible, the Chief Electoral Officer shall also indicate which of that section’s requirements have not been met.

  • Marginal note:Loss of eligibility

    (2) A political party whose leader has been informed under subsection (1) that it is eligible loses its eligibility if

    • (a) it contravenes any of section 391, subsection 395(1), sections 399 to 402, subsections 405(1), (3) and (4) and 406(1) and section 407;

    • (b) one of its officers is not eligible under subsection 395(2) and the party has not complied with subsections 395(3) and (4);

    • (c) its chief agent is not eligible under section 397 and the party has not complied with section 400; or

    • (d) its auditor is not eligible under section 398 and the party has not complied with section 400.

  • 2000, c. 9, s. 389;
  • 2003, c. 19, s. 17;
  • 2014, c. 12, s. 86.

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

Marginal note:Registration
  •  (1) An eligible party becomes a registered party if it has at least one candidate whose nomination has been confirmed for an election and its application to become registered was made at least 60 days before the issue of the writ or writs and has not been withdrawn.

  • Marginal note:Late application

    (2) An eligible party whose application was made after the 60 days referred to in subsection (1) becomes a registered party for the next general election — or any by-election that precedes it — if it satisfies the requirements of that subsection for that election.

  • Marginal note:Notification

    (3) The Chief Electoral Officer shall, as soon as feasible after the end of the 48-hour period following the close of nominations,

    • (a) inform the leader of an eligible party that meets the requirements of subsection (1) that the party has been registered; and

    • (b) in the case of a general election, inform the leader of an eligible party that does not meet the requirements of subsection (1) that the party has not been registered.

  • Marginal note:Loss of eligibility

    (4) An eligible party, other than one referred to in subsection (2), loses its eligibility on being informed under paragraph (3)(b) that it has not been registered.

  • Marginal note:Eligible party deemed registered

    (5) For the purposes of sections 363, 367, 376, 430, 437 and 444, an eligible party that becomes a registered party under subsection (1) is deemed to have been registered from the day of the issue of the writ or writs.

  • 2000, c. 9, s. 390;
  • 2003, c. 19, s. 19;
  • 2014, c. 12, s. 86.
Marginal note:Report on agents of eligible parties

 An eligible party shall, within 30 days after being informed under subsection 389(1) that it is eligible, provide the Chief Electoral Officer with a written report, certified by its leader or chief agent, containing the name and address of any person appointed as its registered agent and any terms and conditions to which the appointment is subject. The Chief Electoral Officer shall, on the registration of the eligible party, register that information in the registry of political parties.

  • 2000, c. 9, s. 391;
  • 2003, c. 19, s. 19;
  • 2014, c. 12, s. 86.
Marginal note:Statement of assets and liabilities

 Within six months after becoming a registered party, the registered party shall provide the Chief Electoral Officer with

  • (a) a statement, prepared in accordance with generally accepted accounting principles, of its assets and liabilities, including any surplus or deficit, as of the day before the effective date of the registration;

  • (b) a report on that statement made by the registered party’s auditor to its chief agent that contains the auditor’s opinion as to whether that statement presents fairly and in accordance with generally accepted accounting principles the information on which it is based; and

  • (c) a declaration in the prescribed form by the registered party’s chief agent that the statement is complete and accurate.

  • 2000, c. 9, s. 392;
  • 2003, c. 19, s. 20;
  • 2014, c. 12, s. 86.
Marginal note:Annual fiscal period
  •  (1) The fiscal period of a registered party is the calendar year.

  • Marginal note:Adjustment of fiscal period

    (2) Without delay after becoming registered, a political party shall, if necessary, adjust its fiscal period so that it ends at the end of the calendar year. The adjusted fiscal period shall not be less than six months or more than 18 months.

  • 2000, c. 9, s. 393;
  • 2014, c. 12, s. 86.
Marginal note:Registry of political parties

 The Chief Electoral Officer shall maintain a registry of political parties that contains the information referred to in paragraphs 385(2)(a) to (h) and subsections 396(2) and 418(2).

  • 2000, c. 9, s. 394;
  • 2014, c. 12, s. 86.

Officers, Registered Agents, Auditors and Members

Marginal note:Minimum number of officers
  •  (1) Subject to subsection (3), a registered party and an eligible party shall have at least three officers in addition to the leader of the party.

  • Marginal note:Eligibility — officer

    (2) Only a person who is an elector and whose ordinary residence is in Canada is eligible to be an officer of a registered party or an eligible party.

  • Marginal note:Appointment of replacement

    (3) In the event of the death, incapacity, resignation or ineligibility of an officer of a registered party or eligible party, or the revocation of the appointment of one, the party shall, if the remaining number of officers is less than four, appoint a replacement within 30 days.

  • Marginal note:Report of appointment

    (4) Within 30 days after the day on which the replacement is appointed, the registered party or eligible party shall inform the Chief Electoral Officer of the appointment by providing a report under subsection 405(1).

  • 2000, c. 9, s. 395;
  • 2014, c. 12, s. 86.
Marginal note:Registered agents
  •  (1) A registered party may appoint persons to act as its registered agents, subject to any terms and conditions that the appointment specifies.

  • Marginal note:Report of appointment

    (2) Within 30 days after the day on which a registered agent is appointed, the registered party shall provide the Chief Electoral Officer with a written report, certified by its leader or chief agent, that includes the registered agent’s name and address and any terms and conditions to which the appointment is subject. The Chief Electoral Officer shall register that information in the registry of political parties.

  • 2000, c. 9, s. 396;
  • 2014, c. 12, s. 86.
Marginal note:Agents — corporations
  •  (1) A corporation incorporated under the laws of Canada or a province is eligible to be

    • (a) a chief agent or a registered agent of a registered party; or

    • (b) a chief agent or an agent of an eligible party.

  • Marginal note:Agents — ineligibility

    (2) The following persons are ineligible to be a chief agent, a registered agent or an agent:

    • (a) an election officer or a member of the staff of a returning officer;

    • (b) a candidate;

    • (c) an auditor appointed as required by this Act;

    • (d) subject to subsection (1), a person who is not an elector;

    • (e) an undischarged bankrupt; and

    • (f) a person who does not have full capacity to enter into contracts in the province in which the person ordinarily resides.

  • 2000, c. 9, s. 397;
  • 2014, c. 12, s. 86.
Marginal note:Auditor — eligibility
  •  (1) Only the following are eligible to be an auditor for a registered party or an eligible party:

    • (a) a person who is a member in good standing of a corporation, association or institute of professional accountants; or

    • (b) a partnership of which every partner is a member in good standing of a corporation, association or institute of professional accountants.

  • Marginal note:Auditor — ineligibility

    (2) The following persons are ineligible to be an auditor:

    • (a) an election officer or a member of the staff of a returning officer;

    • (b) a candidate or their official agent;

    • (c) an officer of a registered party or an eligible party;

    • (d) a chief agent of a registered party or an eligible party;

    • (e) a registered agent of a registered party;

    • (f) an electoral district agent of a registered association;

    • (g) a nomination contestant or their financial agent;

    • (h) a leadership contestant or their leadership campaign agent; and

    • (i) a financial agent of a registered third party.

  • 2000, c. 9, s. 398;
  • 2014, c. 12, s. 86.
Marginal note:Consent

 A registered party and an eligible party shall obtain from its officers, chief agent and auditor, on appointment, their signed consent to act in that capacity.

  • 2000, c. 9, s. 399;
  • 2014, c. 12, s. 86.
Marginal note:Replacement of chief agent or auditor
  •  (1) In the event of the death, incapacity, resignation or ineligibility of its chief agent or auditor, or the revocation of the appointment of one, a registered party or eligible party shall without delay appoint a replacement.

  • Marginal note:Report of appointment

    (2) Within 30 days after the day on which the replacement is appointed, the registered party or eligible party shall inform the Chief Electoral Officer of the appointment by providing a report under subsection 405(1).

  • 2000, c. 9, s. 400;
  • 2014, c. 12, s. 86.
Marginal note:Only one chief agent and auditor

 A registered party or eligible party shall have no more than one chief agent and one auditor at a time.

  • 2000, c. 9, s. 401;
  • 2014, c. 12, s. 86.
Marginal note:Minimum number of members

 A registered party and an eligible party shall have at least 250 members who are electors.

  • 2000, c. 9, s. 402;
  • 2003, c. 19, s. 22;
  • 2014, c. 12, s. 86.
Marginal note:Prohibition — officer
  •  (1) No person who is ineligible to be an officer of a registered party or an eligible party shall act in that capacity.

  • Marginal note:Prohibition — agent

    (2) No person who is ineligible to be a chief agent or registered agent of a registered party or an eligible party shall act in that capacity.

  • Marginal note:Prohibition — auditor

    (3) No person who is ineligible to be an auditor of a registered party or an eligible party shall act in that capacity.

  • 2000, c. 9, s. 403;
  • 2001, c. 21, s. 21;
  • 2014, c. 12, s. 86.

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

Marginal note:Prohibition — fundamental purpose
  •  (1) Subject to subsection (2), no person shall act or continue to act as an officer of a registered party or an eligible party if

    • (a) they know that the party does not have as one of its fundamental purposes participating in public affairs by endorsing one or more of its members as candidates and supporting their election; and

    • (b) the party has not made an application for deregistration under section 414.

  • Marginal note:Exception

    (2) A person referred to in subsection (1) may sign an application for deregistration under section 414.

  • 2000, c. 9, s. 404;
  • 2001, c. 27, s. 214;
  • 2003, c. 19, s. 24;
  • 2014, c. 12, s. 86.

 [Repealed, 2006, c. 9, s. 43]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

Changes in Information Concerning Parties

Marginal note:Changes in information
  •  (1) Within 30 days after the day on which there is a change in the information in respect of a registered party or an eligible party in the registry of political parties, the party shall report the change to the Chief Electoral Officer in writing. The report shall be certified by the leader of the party.

  • Marginal note:New name, abbreviation or logo

    (2) The report of a change in the information referred to in paragraphs 385(2)(a) to (c) shall include a copy of the resolution of the party to make the change. If the changed information complies with subparagraph 387(a)(i) or (ii), the change is deemed to be effective as of

    • (a) the day after polling day, in the case of a report made during an election period; or

    • (b) the day on which the report was made, in any other case.

  • Marginal note:New leader

    (3) The report of a change of leader for a party shall include a copy of the resolution of the party to appoint the new leader, certified by the new leader and another officer of the party.

  • Marginal note:New officer, chief agent or auditor

    (4) If the report involves the replacement of an officer, the chief agent or the auditor, it shall include a copy of the signed consent referred to in section 399.

  • Marginal note:Registration of change

    (5) The Chief Electoral Officer shall enter any change in the information referred to in this section in the registry of political parties.

  • Marginal note:Entry in registry of electoral district associations

    (6) The Chief Electoral Officer shall enter any change in the information referred to in subsection (2) in the registry of electoral district associations.

  • 2000, c. 9, s. 405;
  • 2003, c. 19, s. 25;
  • 2006, c. 9, s. 46;
  • 2014, c. 12, ss. 80, 86.

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

Marginal note:Confirmation of information at general election
  •  (1) A registered party and an eligible party shall, not later than 10 days after the issue of the writs for a general election, provide the Chief Electoral Officer with

    • (a) a statement certified by its leader confirming the validity of the information concerning the party in the registry of political parties; or

    • (b) if there is a change in that information, the report of the change made under subsection 405(1).

  • Marginal note:Endorsement of candidates

    (2) If the leader of a registered party or eligible party designates representatives to endorse candidates at a general election, the registered party or eligible party shall include with the statement or report referred to in subsection (1) a statement certified by its leader that sets out the names of the designated representatives.

  • 2000, c. 9, s. 406;
  • 2014, c. 12, s. 86.
Marginal note:Confirmation of registration yearly
  •  (1) On or before June 30 of every year, a registered party and an eligible party shall provide the Chief Electoral Officer with

    • (a) a statement certified by its leader confirming the validity of the information concerning the party in the registry of political parties; and

    • (b) if there is a change in that information, the report of the change made under subsection 405(1).

  • Marginal note:Confirmation of members

    (2) On or before June 30 of every third year, beginning in 2016, a registered party and an eligible party shall provide the Chief Electoral Officer with the names and addresses of 250 electors and their declarations in the prescribed form that they are members of the party.

  • Marginal note:Declaration of leader

    (3) On or before June 30 of every year, a registered party and an eligible party shall provide the Chief Electoral Officer with a declaration in the prescribed form by the leader that, having considered all of the factors relevant to determining the party’s purposes — including those described in subsection 521.1(5) — one of the party’s fundamental purposes is as described in paragraph 385(2)(j).

  • 2000, c. 9, s. 407;
  • 2003, c. 19, s. 26;
  • 2014, c. 12, s. 86.
Marginal note:Prohibition — false or misleading information (leader)
  •  (1) No leader of a political party shall provide the Chief Electoral Officer with information under section 385 that the leader knows is false or misleading.

  • Marginal note:Prohibition — false or misleading information (party)

    (2) No registered party and no eligible party shall provide the Chief Electoral Officer with information under any of sections 405 to 407 that it knows is false or misleading.

  • Marginal note:Prohibition — certification by leader

    (3) No leader of a registered party or of an eligible party shall certify, under any of sections 405 to 407, a report or statement that they know contains false or misleading information.

  • Marginal note:Prohibition — leader’s declaration

    (4) No leader of a political party shall make a declaration referred to in section 385, 405 or 407 that they know is false or misleading.

  • Marginal note:Prohibition — member’s declaration

    (5) No member of a political party shall make a declaration referred to in section 385 or 407 that they know is false or misleading.

  • 2000, c. 9, s. 408;
  • 2003, c. 19, s. 27;
  • 2014, c. 12, s. 86.

Deregistration of Registered Parties

Marginal note:Deregistration — no candidates

 The Chief Electoral Officer shall, effective on the expiry in a general election of the period for the confirmation of nominations under subsection 71(1), deregister a registered party that, at that time, has not endorsed a candidate in that general election.

  • 2000, c. 9, s. 409;
  • 2014, c. 12, s. 86.

 [Repealed, 2014, c. 12, s. 86]

Marginal note:Deregistration — officers or members
  •  (1) If the Chief Electoral Officer is not satisfied that a registered party is in compliance with subsection 395(1) or section 402, he or she shall, in writing, notify the party that it is required to

    • (a) show its compliance with subsection 395(1) within 60 days after the day on which the party receives the notice; or

    • (b) show its compliance with section 402 within 90 days after the day on which the party receives the notice.

  • Marginal note:Extension

    (2) If the Chief Electoral Officer is satisfied that the party has made reasonable efforts to comply with subsection 395(1) or section 402 within the time set out in the notice, he or she may, in writing, notify the party that it has another period of up to 60 or 90 days, as the case may be, in which to comply.

  • Marginal note:Deregistration

    (3) The Chief Electoral Officer shall deregister a registered party if it fails to comply with a notice under subsection (1) or (2), as the case may be.

  • 2000, c. 9, s. 410;
  • 2003, c. 19, s. 28;
  • 2014, c. 12, s. 86.
Marginal note:Notice of deregistration

 The Chief Electoral Officer shall give notice of a deregistration under section 409 or 410 to the registered party and its chief agent and of the resulting deregistration under section 417 to the registered associations and their financial agents.

  • 2000, c. 9, s. 411;
  • 2003, c. 19, s. 29;
  • 2014, c. 12, s. 86.
Marginal note:Deregistration — failure to provide documents

 The Chief Electoral Officer may deregister a registered party if the party fails to provide

  • (a) any of the documents referred to in section 392;

  • (b) a report under subsection 396(2) concerning the appointment of a registered agent;

  • (c) any of the documents referred to in subsection 400(2) or 405(1) or (4) with respect to a replacement of its auditor or chief agent;

  • (d) either of the documents referred to in subsections 405(1) and (3) with respect to a change of its leader;

  • (e) a report in accordance with subsection 405(2) of a change in the registered information on its name, short-form name, abbreviation or logo mentioned in paragraphs 385(2)(a) to (c);

  • (f) a report under subsection 405(1) concerning a change in any other registered information;

  • (g) confirmation under subsection 406(1) or section 407 of the validity of the registered information;

  • (h) a report that is required to be filed under subsection 476.1(1) by the registered party; or

  • (i) a statement that is required under subsection 478.1(1) or (2).

  • 2000, c. 9, s. 412;
  • 2003, c. 19, s. 30;
  • 2014, c. 12, s. 86.
Marginal note:Deregistration — failure to file return and auditor’s report

 The Chief Electoral Officer may deregister a registered party if its chief agent fails

  • (a) to provide him or her with a document for a fiscal year in accordance with subsection 432(1); or

  • (b) to provide him or her with a document for a general election in accordance with subsection 437(1).

  • 2000, c. 9, s. 413;
  • 2014, c. 12, s. 86.
Marginal note:Voluntary deregistration

 On application, other than during the election period of a general election, by a registered party to become deregistered, signed by the leader and any two officers of the party, the Chief Electoral Officer may deregister the party.

  • 2000, c. 9, s. 414;
  • 2014, c. 12, s. 86.
Marginal note:Procedure for non-voluntary deregistration
  •  (1) If the Chief Electoral Officer believes on reasonable grounds that a registered party, its leader, its chief agent or one of its other officers has omitted to perform any obligation referred to in section 412 or 413, the Chief Electoral Officer shall, in writing, notify the party and any of its officers who are named in the registry of political parties that the party or officer must

    • (a) rectify the omission by the discharge of that obligation,

      • (i) within 5 days after receipt of the notice, in the case of a failure to comply with subsection 406(1), or

      • (ii) within 30 days after receipt of the notice, in any other case; or

    • (b) satisfy the Chief Electoral Officer that the omission was not the result of negligence or a lack of good faith.

  • Marginal note:Extension or exemption

    (2) If paragraph (1)(b) applies, the Chief Electoral Officer may amend the notice by

    • (a) exempting, in whole or in part, the recipients of the notice from complying with the obligations referred to in section 412 or 413; or

    • (b) specifying a period for compliance with the obligations referred to in subparagraph (1)(a)(i) or (ii), as the case may be.

  • Marginal note:Deregistration

    (3) The Chief Electoral Officer may deregister a registered party if its leader, its chief agent or one of its officers fails to comply with a notice referred to in subsection (1) or with a notice amended under subsection (2).

  • 2000, c. 9, s. 415;
  • 2014, c. 12, s. 86.
Marginal note:Notice of deregistration
  •  (1) If the Chief Electoral Officer proposes to deregister a registered party under section 414 or subsection 415(3), he or she shall, in writing, so notify the party and its registered associations.

  • Marginal note:Date of deregistration

    (2) The notice shall specify the effective date of the deregistration, which shall be at least 15 days after the day on which the notice is sent.

  • Marginal note:Proof of service

    (3) The notice shall be sent by registered mail or by a method of courier service that provides proof of mailing, a record while in transit and a record of delivery.

  • 2000, c. 9, s. 416;
  • 2003, c. 19, s. 31;
  • 2014, c. 12, s. 86.
Marginal note:Effect of deregistration of registered party

 If a registered party is deregistered, its registered associations are also deregistered.

  • 2000, c. 9, s. 417;
  • 2014, c. 12, s. 86.
Marginal note:Notice of deregistration
  •  (1) The Chief Electoral Officer shall without delay cause a notice of the deregistration of a registered party and of its registered associations to be published in the Canada Gazette.

  • Marginal note:Entry of deregistration in registry of political parties

    (2) The Chief Electoral Officer shall indicate the deregistration of the party in the registry of political parties.

  • 2000, c. 9, s. 418;
  • 2014, c. 12, s. 86.
Marginal note:Continuation of registered status for limited purpose

 A registered party that is deregistered continues to have the obligations of a registered party for the purpose of section 420.

  • 2000, c. 9, s. 419;
  • 2014, c. 12, s. 86.
Marginal note:Fiscal period and returns

 The chief agent of a deregistered political party shall, within six months after the day of its deregistration, provide the Chief Electoral Officer with

  • (a) the documents referred to in subsection 432(1) for

    • (i) the portion of its current fiscal period ending on the day of its deregistration, and

    • (ii) any earlier fiscal period for which those documents have not already been provided under that subsection; and

  • (b) the documents referred to in subsection 437(1), for any general election for which those documents have not already been provided under that subsection.

  • 2000, c. 9, s. 420;
  • 2014, c. 12, s. 86.

Merger of Registered Parties

Marginal note:Application for merger
  •  (1) Two or more registered parties may, at any time other than during the period beginning 30 days before the issue of a writ for an election and ending on polling day, apply to the Chief Electoral Officer to become a merged registered party.

  • Marginal note:Contents

    (2) An application to merge two or more registered parties shall

    • (a) be certified by the leaders of the merging parties;

    • (b) be accompanied by a resolution from each of the merging parties approving the proposed merger; and

    • (c) contain the information required from a political party to become a registered party, except for the information referred to in paragraph 385(2)(i).

  • 2000, c. 9, s. 421;
  • 2014, c. 12, s. 86.
Marginal note:Registration for eligible merged parties
  •  (1) The Chief Electoral Officer shall amend the registry of political parties by replacing the names of the merging parties with the name of the merged party if

    • (a) the application for the merger was not made in the period referred to in subsection 421(1); and

    • (b) he or she is satisfied that

      • (i) the merged party is eligible for registration under this Act, and

      • (ii) the merging parties have discharged their obligations under this Act, including their obligations to report on their financial transactions and their election expenses and to maintain valid and up-to-date information concerning their registration.

  • Marginal note:Notice

    (2) The Chief Electoral Officer shall notify the officers of the merging parties in writing whether the registry of political parties is to be amended under subsection (1).

  • Marginal note:Notice in Canada Gazette

    (3) If the Chief Electoral Officer amends the registry of political parties, he or she shall cause to be published in the Canada Gazette a notice that the names of the merging parties have been replaced in the registry with the name of the merged party.

  • 2000, c. 9, s. 422;
  • 2003, c. 19, s. 32;
  • 2014, c. 12, s. 86.
Marginal note:Effective date of merger
  •  (1) A merger of registered parties takes effect on the day on which the Chief Electoral Officer amends the registry of political parties under subsection 422(1).

  • Marginal note:Consequences of merger

    (2) On the merger of two or more registered parties,

    • (a) the merged party is the successor of each merging party;

    • (b) the merged party becomes a registered party;

    • (c) the assets of each merging party are transferred to the merged party;

    • (d) the merged party is responsible for the liabilities of each merging party;

    • (e) the merged party is responsible for the obligations of each merging party to report on its financial transactions and election expenses for any period before the merger took effect;

    • (f) the merged party replaces a merging party in any proceedings, whether civil, penal or administrative, by or against the merging party; and

    • (g) any decision of a judicial or quasi-judicial nature involving a merging party may be enforced by or against the merged party.

  • Marginal note:Effect of merger on registered associations

    (3) On the merger of registered parties, any registered association of a merging party is deregistered and, despite paragraph 447(c), may transfer goods or funds to the merged party or a registered association of the merged party in the six months immediately after the merger. Any such transfer is not a contribution for the purposes of this Act.

  • 2000, c. 9, s. 423;
  • 2014, c. 12, s. 86.

 [Repealed, 2014, c. 12, s. 86]

Marginal note:Returns

 Within six months after a merger

  • (a) each of the merging parties shall provide the Chief Electoral Officer with the documents referred to in subsection 432(1) for

    • (i) the portion of its current fiscal period that ends on the day before the day on which the merger takes effect, and

    • (ii) any earlier fiscal period for which those documents have not been provided; and

  • (b) the merged party shall provide the Chief Electoral Officer with

    • (i) a statement, prepared in accordance with generally accepted accounting principles, of its assets and liabilities, including any surplus or deficit, at the date of the merger,

    • (ii) a report on that statement made by the merged party’s auditor to its chief agent that contains the auditor’s opinion as to whether that statement presents fairly and in accordance with generally accepted accounting principles the information on which it was based, and

    • (iii) a declaration in the prescribed form by the chief agent of the merged party that the statement is complete and accurate.

  • 2000, c. 9, s. 424;
  • 2003, c. 19, s. 34;
  • 2014, c. 12, s. 86.

 [Repealed, 2014, c. 12, s. 86]

Subdivision bFinancial Administration of Registered Parties

General

Marginal note:Duty of chief agent

 The chief agent of a registered party is responsible for administering its financial transactions and for reporting on them in accordance with this Act.

  • 2000, c. 9, s. 425;
  • 2003, c. 19, s. 35;
  • 2006, c. 9, s. 50;
  • 2014, c. 12, s. 86.
Marginal note:Prohibition — paying expenses
  •  (1) No person or entity, other than a registered agent of a registered party or a person authorized under subsection 381(1), shall pay the registered party’s expenses.

  • Marginal note:Prohibition — incurring expenses

    (2) No person or entity, other than a registered agent of a registered party, shall incur the registered party’s expenses.

  • Marginal note:Prohibition — accepting contributions, borrowing

    (3) No person or entity, other than a registered agent of a registered party, shall accept contributions to the registered party or borrow money on its behalf.

  • Marginal note:Prohibition — accepting or providing goods, services or funds

    (4) No person or entity, other than a registered agent of a registered party, shall, on behalf of the registered party,

    • (a) accept a provision of goods or services, or a transfer of funds, if the provision or transfer is permitted under section 364; or

    • (b) provide goods or services, or transfer funds, if the provision or transfer is permitted under that section.

  • 2000, c. 9, s. 426;
  • 2003, c. 19, s. 36;
  • 2014, c. 12, s. 86.

Recovery of Claims for Debts

Marginal note:Claim for payment

 A person who has a claim to be paid for a debt of a registered party shall send the invoice or other document evidencing the claim to the registered party or one of its registered agents.

  • 2000, c. 9, s. 427;
  • 2014, c. 12, s. 86.
Marginal note:Payment within three years

 If a claim for an expense is evidenced by an invoice or other document that has been sent under section 427, the claim shall be paid within three years after the day on which payment of it is due.

  • 2000, c. 9, s. 428;
  • 2014, c. 12, s. 86.
Marginal note:Proceedings to recover payment

 A person who has sent an invoice or other document evidencing a claim under section 427 may commence proceedings in a court of competent jurisdiction to recover any unpaid amount

  • (a) at any time, if the registered agent refuses to pay that amount or disputes that it is payable; or

  • (b) after the end of the period referred to in section 428, in any other case.

  • 2000, c. 9, s. 429;
  • 2014, c. 12, s. 86.

Maximum Election Expenses

Marginal note:Maximum election expenses
  •  (1) The maximum amount that is allowed for election expenses of a registered party for an election is the product of

    • (a) $0.735 multiplied by the number of names on the preliminary lists of electors for electoral districts in which the registered party has endorsed a candidate or by the number of names on the revised lists of electors for those electoral districts, whichever is greater, and

    • (b) the inflation adjustment factor published by the Chief Electoral Officer under section 384 that is in effect on the date of the issue of the writ or writs for the election.

  • Marginal note:Election period longer than 37 days

    (2) If an election period is longer than 37 days, then the maximum amount calculated under subsection (1) is increased by adding to it the product of

    • (a) one thirty-seventh of the maximum amount calculated under subsection (1), and

    • (b) the number of days in the election period minus 37.

  • Marginal note:Amounts not included in election expenses

    (3) For the purpose of subsections (1) and (2), an election expense of a registered party does not include

    • (a) a transfer made by or on behalf of it to candidates in the election; or

    • (b) an expense incurred by it through a registered agent, or person authorized under subsection 381(1), who was not acting within the scope of the registered agent’s authority.

  • 2000, c. 9, s. 430;
  • 2003, c. 19, s. 38;
  • 2014, c. 12, s. 86.
Marginal note:Prohibition — election expenses more than maximum
  •  (1) No chief agent of a registered party shall incur election expenses on the party’s behalf of a total amount of more than the maximum amount calculated under section 430.

  • Marginal note:Prohibition — collusion

    (2) No registered party and no third party, as defined in section 349, shall act in collusion with each other for the purpose of circumventing the maximum amount referred to in subsection (1).

  • 2000, c. 9, s. 431;
  • 2014, c. 12, s. 86.

Financial Reporting

Marginal note:Financial transactions return
  •  (1) For each fiscal period of a registered party, its chief agent shall provide the Chief Electoral Officer with

    • (a) a financial transactions return, in the prescribed form, on the registered party’s financial transactions;

    • (b) the auditor’s report on the return made under subsection 435(1); and

    • (c) a declaration in the prescribed form by the chief agent that the return is complete and accurate.

  • Marginal note:Contents of return

    (2) A financial transactions return shall set out

    • (a) the total amount of contributions received by the registered party;

    • (b) the number of contributors;

    • (c) the name and address of each contributor who made contributions of a total amount of more than $200 to the registered party, that total amount, as well as the amount of each of those contributions and the date on which the party received it;

    • (d) the name and address of each contributor who has made a contribution to the registered party that includes a directed contribution as defined in subsection 365(2), the amount of the contribution, the amount of the directed contribution and the date on which the party received it;

    • (e) a statement of the registered party’s assets and liabilities and any surplus or deficit in accordance with generally accepted accounting principles, including a statement of

      • (i) claims that are the subject of proceedings under section 429, and

      • (ii) unpaid claims, including those resulting from loans made to the registered party under section 373;

    • (f) a statement of the registered party’s revenues and expenses in accordance with generally accepted accounting principles;

    • (g) a statement, for each electoral district, of the commercial value of goods or services provided and of funds transferred by the registered party to a candidate or the electoral district association;

    • (h) a statement of each amount transferred to a leadership contestant out of a directed contribution as defined in subsection 365(2), the information referred to in paragraph (d) with respect to the contributor and the name of the leadership contestant to whom the amount has been transferred;

    • (i) a statement of the commercial value of goods or services provided and of funds transferred to the registered party from any of its registered associations, a nomination contestant, a candidate or a leadership contestant;

    • (j) a return for election expenses incurred for each by-election during the fiscal period that sets out

      • (i) a statement of expenses incurred by the registered party, whether paid or unpaid, including a statement of expenses incurred for voter contact calling services as defined in section 348.01, provided by a calling service provider as defined in that section, that indicates the name of that provider and the amount of those expenses, and

      • (ii) a statement of non-monetary contributions used by it;

    • (k) a statement of the terms and conditions of each loan made to the registered party under section 373, including the amount of the loan, the interest rate, the lender’s name and address, the dates and amounts of repayments of principal and payments of interest and, if there is a guarantor, the guarantor’s name and address and the amount guaranteed; and

    • (l) a statement of contributions received by the registered party but returned in whole or in part to the contributors or otherwise dealt with in accordance with this Act.

  • Marginal note:Report

    (3) If there is any amendment to the information in a statement referred to in paragraph (2)(k), including with respect to the giving of a guarantee or suretyship, then the registered party’s chief agent shall without delay provide the Chief Electoral Officer with a report on the amendment in the prescribed form.

  • Marginal note:Publication

    (4) The Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish the information in a statement referred to in paragraph (2)(k) and any report provided under subsection (3) as soon as feasible after receiving the information or report.

  • Marginal note:Period for providing documents

    (5) The documents referred to in subsection (1) shall be provided to the Chief Electoral Officer within six months after the end of the fiscal period.

  • Marginal note:Statement of unpaid claims

    (6) The statement of unpaid claims referred to in subparagraph (2)(e)(ii) shall include information indicating

    • (a) each unpaid claim in the statement for the previous fiscal period that has been paid in full since that statement was provided; and

    • (b) each claim that remains unpaid 18 months after the day on which it was due and each claim that remains unpaid 36 months after the day on which it was due.

  • Marginal note:Unpaid claims — 18 months or more

    (7) The statement shall include the following information concerning claims referred to in paragraph (6)(b):

    • (a) whether any part of the unpaid amount is disputed and, if so, what steps the parties have taken to resolve the dispute;

    • (b) whether the claim is the subject of proceedings under section 429;

    • (c) whether the unpaid amount of a loan is the subject of proceedings to secure its payment, or of a dispute as to the amount that was to be paid or the amount that remains unpaid;

    • (d) whether the parties have agreed on a repayment schedule and, if so, whether repayments are being made according to the schedule;

    • (e) whether the unpaid amount has been written off by the creditor as an uncollectable debt in accordance with the creditor’s normal accounting practices; and

    • (f) any other relevant information that could help explain why the amount is unpaid.

  • 2000, c. 9, s. 432;
  • 2014, c. 12, s. 86.
Marginal note:Quarterly returns
  •  (1) If a registered party’s candidates for the most recent general election received at that election at least 2% of the number of valid votes cast, or at least 5% of the number of valid votes cast in the electoral districts in which the registered party endorsed a candidate, the registered party’s chief agent shall provide the Chief Electoral Officer with a return, for each quarter of the fiscal period of the registered party, that includes the information required under paragraphs 432(2)(a) to (d), (i) and (l).

  • Marginal note:Period for providing return

    (2) A quarterly return shall be provided within 30 days after the end of the period to which it relates.

  • 2000, c. 9, s. 433;
  • 2014, c. 12, s. 86.
Marginal note:When contributions forwarded to Receiver General

 If the name of the contributor of a contribution of more than $20 to a registered party, or the name or address of a contributor who has made contributions of a total amount of more than $200 to a registered party, is not known, one of the registered party’s registered agents shall, without delay, pay an amount of money equal to the value of the contribution to the Chief Electoral Officer, who shall forward it to the Receiver General.

  • 2000, c. 9, s. 434;
  • 2014, c. 12, s. 86.
Marginal note:Auditor’s report
  •  (1) A registered party’s auditor shall report to the party’s chief agent on the party’s financial transactions return and shall, in accordance with generally accepted auditing standards, make any examination that will enable the auditor to give an opinion in the report as to whether the return presents fairly the information contained in the financial records on which the return is based.

  • Marginal note:Statement

    (2) The auditor shall include in the report any statement that the auditor considers necessary if

    • (a) the financial transactions return that is the subject of the report does not present fairly and in accordance with generally accepted accounting principles the information contained in the financial records on which it is based;

    • (b) the auditor has not received all of the information and explanations that the auditor required; or

    • (c) based on the examination, it appears that the registered party has not kept proper financial records.

  • Marginal note:Right of access

    (3) The auditor shall have access at any reasonable time to all of the party’s documents, and may require the party’s registered agents and officers to provide any information or explanation that, in the auditor’s opinion, may be necessary to enable the auditor to prepare the report.

  • 2000, c. 9, s. 435;
  • 2003, c. 19, s. 39;
  • 2014, c. 12, ss. 84, 86.

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

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Marginal note:Prohibition — false, misleading or incomplete document

 No chief agent of a registered party shall provide the Chief Electoral Officer with a document referred to in paragraph 432(1)(a) that

  • (a) the chief agent knows or ought reasonably to know contains a material statement that is false or misleading; or

  • (b) does not substantially set out the information required under subsection 432(2) or, in the case of a statement of unpaid claims referred to in subparagraph 432(2)(e)(ii), does not substantially set out information required under subsection 432(6) or (7).

  • 2000, c. 9, s. 436;
  • 2014, c. 12, s. 86.

Election Expenses Reporting

Marginal note:Election expenses return
  •  (1) For a general election, the chief agent of a registered party shall provide the Chief Electoral Officer with

    • (a) an election expenses return in the prescribed form;

    • (b) the auditor’s report referred to in subsection 438(1) on that return; and

    • (c) a declaration in the prescribed form by the chief agent that the return is complete and accurate.

  • Marginal note:Contents of return

    (2) An election expenses return shall set out as an election expense each of

    • (a) the expenses incurred by the registered party, whether paid or unpaid, including a statement of expenses incurred for voter contact calling services as defined in section 348.01, provided by a calling service provider as defined in that section, that indicates the name of that provider and the amount of those expenses; and

    • (b) the non-monetary contributions used by the registered party as an election expense.

  • Marginal note:Period for providing documents

    (3) The registered party’s chief agent shall provide the Chief Electoral Officer with the documents referred to in subsection (1) within eight months after the polling day for the general election.

  • 2000, c. 9, s. 437;
  • 2003, c. 19, s. 41;
  • 2014, c. 12, s. 86.
Marginal note:Auditor’s report
  •  (1) As soon as feasible after a general election, a registered party’s auditor shall report to its chief agent on its return on general election expenses and shall, in accordance with generally accepted auditing standards, make any examination that will enable the auditor to give an opinion in the report as to whether the return presents fairly the information contained in the financial records on which the return is based and the registered party and the chief agent have complied with the requirements of Division 1 of this Part and this Division.

  • Marginal note:Statement

    (2) The auditor shall include in the report under subsection (1) any statement that the auditor considers necessary if

    • (a) the return that is the subject of the report does not present fairly the information contained in the financial records on which the return is based;

    • (b) the auditor has not received all of the information and explanations that the auditor required;

    • (c) based on the examination, it appears that the registered party has not kept proper financial records; or

    • (d) based on the examination, it appears that the registered party and the chief agent have not complied with the requirements of Division 1 of this Part and this Division.

  • Marginal note:Right of access

    (3) The auditor for a registered party shall have access at any reasonable time to all of the party’s documents, and may require the party’s registered agents and officers to provide any information or explanation that, in the auditor’s opinion, may be necessary to enable the auditor to prepare the report.

  • 2000, c. 9, s. 438;
  • 2003, c. 19, s. 42;
  • 2014, c. 12, s. 86.
Marginal note:Prohibition — false, misleading or incomplete document

 No chief agent of a registered party shall provide the Chief Electoral Officer with a document referred to in paragraph 437(1)(a) that

  • (a) the chief agent knows or ought reasonably to know contains a material statement that is false or misleading; or

  • (b) does not substantially set out the information required under subsection 437(2).

  • 2000, c. 9, s. 439;
  • 2014, c. 12, s. 86.

Corrections, Revisions and Extended Reporting Periods

Marginal note:Minor corrections — Chief Electoral Officer
  •  (1) The Chief Electoral Officer may correct a document referred to in subsection 432(1) or 437(1) if the correction does not materially affect its substance.

  • Marginal note:Corrections or revisions at request of Chief Electoral Officer

    (2) The Chief Electoral Officer may in writing request a registered party’s chief agent to correct or revise, within a specified period, a document referred to in subsection 432(1) or 437(1).

  • Marginal note:Deadline for correction or revision

    (3) If the Chief Electoral Officer requests a correction or revision, the registered party’s chief agent shall provide him or her with the corrected or revised version of the document within the specified period.

  • 2000, c. 9, s. 440;
  • 2014, c. 12, s. 86.
Marginal note:Extensions — Chief Electoral Officer
  •  (1) The Chief Electoral Officer, on the written application of a registered party’s chief agent or, if the chief agent is absent or unable to perform their duties, its leader, shall authorize the extension of a period referred to in subsection 432(5) or 437(3) unless he or she is satisfied that the chief agent’s failure to provide the required documents was deliberate or was the result of the chief agent’s failure to exercise due diligence.

  • Marginal note:Deadline

    (2) The application may be made within the period referred to in subsection 432(5) or 437(3) or within two weeks after the end of that period.

  • 2000, c. 9, s. 441;
  • 2001, c. 21, s. 22;
  • 2014, c. 12, s. 86.
Marginal note:Corrections or revisions — Chief Electoral Officer
  •  (1) The Chief Electoral Officer, on the written application of a registered party’s chief agent or, if the chief agent is absent or unable to perform their duties, its leader, shall authorize the correction or revision of a document referred to in subsection 432(1) or 437(1) if he or she is satisfied by the evidence submitted by the applicant that the correction or revision is necessary in order for the requirements of this Act to be complied with.

  • Marginal note:Application made without delay

    (2) The application shall be made immediately after the applicant becomes aware of the need for correction or revision.

  • Marginal note:Deadline for corrections or revisions

    (3) The applicant shall provide the Chief Electoral Officer with the corrected or revised version of the document within 30 days after the day on which the correction or revision is authorized or within any extension of that period authorized under subsection (4) or (5).

  • Marginal note:New deadline

    (4) The Chief Electoral Officer, on the written application of the applicant made within two weeks after the end of the 30-day period referred to in subsection (3), shall authorize the extension of that period, unless he or she is satisfied that the applicant’s failure to provide the corrected or revised version of the document was deliberate or was the result of the applicant’s failure to exercise due diligence.

  • Marginal note:Extension of new deadline

    (5) The Chief Electoral Officer, on the written application of the applicant made within two weeks after the end of an extension authorized under subsection (4) or under this subsection, shall authorize the further extension of that period, unless he or she is satisfied that the applicant’s failure to provide the corrected or revised version of the document was deliberate or was the result of the applicant’s failure to exercise due diligence.

  • 2000, c. 9, s. 442;
  • 2007, c. 21, s. 34;
  • 2014, c. 12, s. 86.
Marginal note:Extensions, corrections or revisions — judge
  •  (1) The chief agent of a registered party or, if the chief agent is absent or unable to perform their duties, its leader, may apply to a judge for an order

    • (a) relieving the chief agent from the obligation to comply with a request referred to in subsection 440(2);

    • (b) authorizing an extension referred to in subsection 441(1); or

    • (c) authorizing a correction or revision referred to in subsection 442(1).

    The applicant shall notify the Chief Electoral Officer that the application has been made.

  • Marginal note:Deadline

    (2) The application may be made

    • (a) under paragraph (1)(a), within the specified period referred to in subsection 440(2) or within the two weeks after the end of that period;

    • (b) under paragraph (1)(b), within two weeks after, as the case may be,

      • (i) if an application for an extension is not made to the Chief Electoral Officer within the period referred to in subsection 441(2), the end of the two-week period referred to in that subsection,

      • (ii) the rejection of an application for an extension made in accordance with section 441, or

      • (iii) the end of the extended period referred to in subsection 441(1); or

    • (c) under paragraph (1)(c), within two weeks after the rejection of an application for a correction or revision made in accordance with section 442.

  • Marginal note:Grounds — relief from compliance

    (3) The judge shall grant an order relieving the chief agent from the obligation to comply with a request referred to in subsection 440(2) if the judge is satisfied by the evidence submitted by the applicant that the correction or revision is not necessary in order for the requirements of this Act to be complied with.

  • Marginal note:Grounds — extension

    (4) The judge shall grant an order authorizing an extension unless the judge is satisfied that the chief agent’s failure to provide the required documents was deliberate or was the result of the chief agent’s failure to exercise due diligence.

  • Marginal note:Grounds — corrections or revisions

    (5) The judge shall grant an order authorizing a correction or revision if the judge is satisfied by the evidence submitted by the applicant that the correction or revision is necessary in order for the requirements of this Act to be complied with.

  • Marginal note:Contents of order

    (6) The order may require that the applicant satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.

  • 2000, c. 9, s. 443;
  • 2014, c. 12, s. 86.

Reimbursement of Election Expenses

Marginal note:Certificate
  •  (1) On receipt from a registered party of the documents referred to in subsection 437(1), the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the amount that is 50% of the registered party’s election expenses that were paid by its registered agents as set out in the return for its general election expenses if

    • (a) the Chief Electoral Officer is satisfied — even despite any statement that the registered party’s auditor has included under paragraph 438(2)(d) in a report under subsection 438(1) — that the registered party and its chief agent have complied with the requirements of sections 437 to 443;

    • (b) the auditor’s report does not include a statement referred to in any of paragraphs 438(2)(a) to (c); and

    • (c) candidates endorsed by the registered party received at least

      • (i) 2% of the number of valid votes cast at the election, or

      • (ii) 5% of the number of valid votes cast in the electoral districts in which the registered party endorsed a candidate.

  • Marginal note:Reduction of reimbursement

    (2) If the election expenses, as set out in the election expenses return, exceed the maximum amount that is allowed under section 430, the amount that is provided for in subsection (1) is reduced as follows, without at any time being less than zero:

    • (a) by one dollar for every dollar that exceeds the maximum amount by less than 5%;

    • (b) by two dollars for every dollar that exceeds the maximum amount by 5% or more but by less than 10%;

    • (c) by three dollars for every dollar that exceeds the maximum amount by 10% or more but by less than 12.5%; and

    • (d) by four dollars for every dollar that exceeds the maximum amount by 12.5% or more.

  • Marginal note:Reimbursement

    (3) On receipt of the certificate, the Receiver General shall reimburse the amount set out in it to the registered party by paying that amount out of the Consolidated Revenue Fund.

  • 2000, c. 9, s. 444;
  • 2014, c. 12, s. 86.

Quarterly Allowances

Marginal note:Quarterly allowance
  •  (1) The Chief Electoral Officer shall determine, for each quarter of a calendar year, an allowance payable to a registered party whose candidates for the most recent general election preceding that quarter received at that election at least

    • (a) 2% of the number of valid votes cast; or

    • (b) 5% of the number of valid votes cast in the electoral districts in which the registered party endorsed a candidate.

  • Marginal note:Computation of fund

    (2) An allowance fund for a quarter is the product of the number of valid votes cast in the election referred to in subsection (1) multiplied by the applicable following number:

    • (a) $0.255, for the quarter that begins on April 1, 2013 and the three following quarters; and

    • (b) $0.1275, for the quarter that begins on April 1, 2014 and the three following quarters.

  • Marginal note:Computation of party’s allowance

    (3) Each such registered party’s allowance for a quarter is that part of the allowance fund for that quarter that corresponds to its percentage of valid votes cast in the election referred to in subsection (1).

  • Marginal note:Merger of parties

    (4) A merged party is entitled to the aggregate of the allowances to which the merging parties of which it is composed would have been entitled had they not merged.

  • 2000, c. 9, s. 445;
  • 2014, c. 12, s. 86.
Marginal note:Certificate
  •  (1) As soon as feasible after the end of each quarter, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the amount of the allowance payable to a registered party for that quarter.

  • Marginal note:Delay for non-compliance

    (2) If a registered party has not provided all of the documents that it is required to provide under sections 432, 433 and 437, the Chief Electoral Officer shall postpone providing the certificate for any quarter until the party has provided those documents.

  • Marginal note:Payment

    (3) On receipt of the certificate, the Receiver General shall pay the amount set out in it to the registered party out of the Consolidated Revenue Fund. The payment may also be made in whole or in part to any provincial division of the party, as authorized in writing by the party’s leader.

  • Definition of “provincial division”

    (4) In this Act, “provincial division” means a division of a registered party for a province or territory in relation to which the party’s leader has provided the following to the Chief Electoral Officer:

    • (a) the name of the division and of the province or territory;

    • (b) the name of the party;

    • (c) the address of the office where records of that division are maintained and to which communications may be addressed;

    • (d) the names and addresses of the chief executive officer and other officers of the division;

    • (e) the name and address of any registered agent appointed by the division; and

    • (f) a declaration signed by the party’s leader certifying that the division is a division of the party.

    This Act applies to information provided under this subsection as if it were information referred to in paragraphs 385(2)(a) to (h).

  • Marginal note:Report of changes in information

    (5) Within 15 days after a change in the information referred to in subsection (4), the chief executive officer of the provincial division shall report the change in writing to the chief agent of the registered party.

  • 2000, c. 9, s. 446;
  • 2014, c. 12, s. 86.

Division 3Electoral District Associations

Subdivision aRegistration of Electoral District Associations

Registration

Marginal note:Prohibition — accepting contributions, etc., while not registered

 No electoral district association of a registered party shall, unless it is registered,

  • (a) accept contributions;

  • (b) provide goods or services or transfer funds to a candidate endorsed by a registered party;

  • (c) provide goods or services or transfer funds to a registered party or a registered association; or

  • (d) accept surplus nomination campaign funds of a nomination contestant, surplus electoral funds of a candidate or surplus leadership campaign funds of a leadership contestant.

  • 2000, c. 9, s. 447;
  • 2014, c. 12, s. 86.
Marginal note:Contents of application
  •  (1) An electoral district association of a registered party may submit to the Chief Electoral Officer an application for registration that includes

    • (a) the full name of the association and of the electoral district;

    • (b) the full name of the registered party;

    • (c) the address of the association’s office where records are maintained and to which communications may be addressed;

    • (d) the names and addresses of the chief executive officer and other officers of the association;

    • (e) the name and address of the appointed auditor of the association; and

    • (f) the name and address of the financial agent of the association.

  • Marginal note:Accompanying documents

    (2) The application shall be accompanied by

    • (a) the signed consent of the financial agent to act in that capacity;

    • (b) the signed consent of the auditor to act in that capacity; and

    • (c) a declaration signed by the leader of the party certifying that the electoral district association is an electoral district association of the party.

  • Marginal note:Examination of application

    (3) The Chief Electoral Officer shall register an electoral district association that meets the requirements of subsections (1) and (2). In the case of a refusal to register, the Chief Electoral Officer shall indicate to the association which of the requirements have not been met.

  • Marginal note:Date of registration

    (4) An electoral district association is registered as of the date on which the Chief Electoral Officer registers it in the registry of electoral district associations.

  • 2000, c. 9, s. 448;
  • 2014, c. 12, s. 86.
Marginal note:Only one registered association per district

 A registered party may have at most one registered association in an electoral district.

  • 2000, c. 9, s. 449;
  • 2014, c. 12, s. 86.
Marginal note:Prohibition — election advertising in election period
  •  (1) No electoral district association of a registered party shall, during an election period, incur expenses for — or transmit or cause to be transmitted — election advertising as defined in section 319.

  • Marginal note:Uncancellable spending

    (2) If a general election is held on a date other than one set out in subsection 56.1(2) or section 56.2, or if a by-election is held, an electoral district association does not incur expenses for election advertising as defined in section 319, or transmit it or cause it to be transmitted, if, on the issue of the writ or writs, the association is not able to cancel the transmission of that advertising.

  • 2000, c. 9, s. 450;
  • 2003, c. 19, s. 43;
  • 2014, c. 12, s. 86.
Marginal note:Statement of assets and liabilities

 Within six months after the day on which it becomes a registered association, the association shall provide the Chief Electoral Officer with

  • (a) a statement, prepared in accordance with generally accepted accounting principles, of its assets and liabilities, including any surplus or deficit, as of the day before the effective date of the registration; and

  • (b) a declaration in the prescribed form by its financial agent that the statement is complete and accurate.

  • 2000, c. 9, s. 451;
  • 2003, c. 19, s. 44;
  • 2006, c. 9, s. 52;
  • 2014, c. 12, s. 86.
Marginal note:Prohibition — declaration concerning statement

 No financial agent of a registered association shall make a declaration referred to in paragraph 451(b) if the agent knows or ought reasonably to know that the statement referred to in paragraph 451(a) is not complete and accurate.

  • 2000, c. 9, s. 452;
  • 2003, c. 19, s. 45;
  • 2006, c. 9, s. 53;
  • 2014, c. 12, s. 86.
Marginal note:Annual fiscal period

 The fiscal period of a registered association is the calendar year.

  • 2000, c. 9, s. 453;
  • 2003, c. 19, s. 46;
  • 2014, c. 12, s. 86.
Marginal note:Adjustment of fiscal period

 Without delay after becoming registered, a registered association shall, if necessary, adjust its fiscal period so that it ends at the end of the calendar year. The adjusted fiscal period shall not be less than six months or more than 18 months.

  • 2000, c. 9, s. 454;
  • 2014, c. 12, s. 86.
Marginal note:Registry of electoral district associations

 The Chief Electoral Officer shall maintain a registry of electoral district associations that contains the information referred to in subsections 448(1), 456(2) and 471(2).

  • 2000, c. 9, s. 455;
  • 2004, c. 24, s. 19;
  • 2014, c. 12, s. 86.

Electoral District Agents and Auditors

Marginal note:Appointments
  •  (1) A registered association may appoint, as electoral district agents, persons who are authorized by the association to accept contributions and to incur and pay expenses on behalf of the association. The appointment is subject to any terms and conditions that it specifies.

  • Marginal note:Report of appointment

    (2) Within 30 days after the day on which an electoral district agent is appointed, the registered association shall provide the Chief Electoral Officer with a written report, certified by its financial agent, that includes the electoral district agent’s name and address and any terms and conditions to which the appointment is subject. The Chief Electoral Officer shall register that information in the registry of electoral district associations.

  • 2000, c. 9, s. 456;
  • 2014, c. 12, s. 86.
Marginal note:Agents — corporations
  •  (1) A corporation incorporated under the laws of Canada or a province is eligible to be the financial agent or an electoral district agent of a registered association.

  • Marginal note:Agents — ineligible persons

    (2) The following persons are ineligible to be a financial agent or an electoral district agent:

    • (a) an election officer or a member of the staff of a returning officer;

    • (b) a candidate;

    • (c) an auditor appointed as required by this Act;

    • (d) subject to subsection (1), a person who is not an elector;

    • (e) an undischarged bankrupt; and

    • (f) a person who does not have full capacity to enter into contracts in the province in which the person ordinarily resides.

  • Marginal note:If member of partnership appointed as agent

    (3) A person may be appointed as agent for a registered association even if the person is a member of a partnership that has been appointed as an auditor, in accordance with this Act, for the registered party.

  • 2000, c. 9, s. 457;
  • 2014, c. 12, s. 86.
Marginal note:Auditor — eligibility
  •  (1) Only the following are eligible to be an auditor for a registered association:

    • (a) a person who is a member in good standing of a corporation, association or institute of professional accountants; or

    • (b) a partnership of which every partner is a member in good standing of a corporation, association or institute of professional accountants.

  • Marginal note:Auditor — ineligibility

    (2) The following persons are ineligible to be an auditor:

    • (a) an election officer or a member of the staff of a returning officer;

    • (b) a candidate or their official agent;

    • (c) a chief agent of a registered party or an eligible party;

    • (d) a registered agent of a registered party;

    • (e) an electoral district agent of a registered association;

    • (f) a nomination contestant or their financial agent;

    • (g) a leadership contestant or their leadership campaign agent; and

    • (h) a financial agent of a registered third party.

  • 2000, c. 9, s. 458;
  • 2014, c. 12, s. 86.
Marginal note:Consent

 A registered association shall obtain from its financial agent and auditor, on appointment, their signed consent to act in that capacity.

  • 2000, c. 9, s. 459;
  • 2014, c. 12, s. 86.
Marginal note:Replacement of financial agent or auditor

 In the event of the death, incapacity, resignation or ineligibility of its financial agent or auditor, or the revocation of the appointment of one, a registered association shall without delay appoint a replacement.

  • 2000, c. 9, s. 460;
  • 2014, c. 12, s. 86.
Marginal note:Only one financial agent and auditor

 A registered association shall have no more than one financial agent and one auditor at a time.

  • 2000, c. 9, s. 461;
  • 2003, c. 19, s. 47;
  • 2014, c. 12, s. 86.
Marginal note:Prohibition — agents
  •  (1) No person who is ineligible to be a financial agent or an electoral district agent of a registered association shall act in that capacity.

  • Marginal note:Prohibition — auditor

    (2) No person who is ineligible to be an auditor of a registered association shall act in that capacity.

  • 2000, c. 9, s. 462;
  • 2014, c. 12, s. 86.

Changes in Information Concerning Registered Associations

Marginal note:Changes in information
  •  (1) Within 30 days after the day on which there is a change in the information referred to in subsection 448(1) other than paragraph 448(1)(b), a registered association shall report the change to the Chief Electoral Officer in writing. The report shall be certified by the chief executive officer of the association.

  • Marginal note:New financial agent or auditor

    (2) If the report involves the replacement of the registered association’s financial agent or auditor, it shall include a copy of the signed consent referred to in section 459.

  • Marginal note:Registration of change

    (3) The Chief Electoral Officer shall enter any change in the information referred to in this section in the registry of electoral district associations.

  • 2000, c. 9, s. 463;
  • 2014, c. 12, s. 86.
Marginal note:Confirmation of registration yearly

 On or before May 31 of every year, unless an election campaign is in progress in that electoral district on that date, in which case the date is July 31, a registered association shall provide the Chief Electoral Officer with

  • (a) a statement certified by its chief executive officer confirming the validity of the information concerning the association in the registry of electoral district associations; and

  • (b) if there is a change in that information, the report of the change made under subsection 463(1).

  • 2000, c. 9, s. 464;
  • 2003, c. 19, s. 48;
  • 2014, c. 12, s. 86.

Deregistration of Registered Associations

Marginal note:Deregistration — failure to provide documents

 The Chief Electoral Officer may deregister a registered association if the association fails to provide

  • (a) any of the documents referred to in section 451;

  • (b) a report under subsection 456(2) concerning the appointment of an electoral district agent;

  • (c) any of the documents referred to in subsection 463(1) or (2) with respect to a replacement of its financial agent or auditor;

  • (d) a report under subsection 463(1) concerning a change in any other registered information;

  • (e) confirmation under section 464 of the validity of the registered information; or

  • (f) a report that is required to be filed under subsection 476.1(1) by the registered association.

  • 2000, c. 9, s. 465;
  • 2003, c. 19, s. 49;
  • 2014, c. 12, ss. 85, 86.
Marginal note:Deregistration — failure to file return

 The Chief Electoral Officer may deregister a registered association if its financial agent fails to provide him or her with a document for a fiscal period in accordance with subsection 475.4(1).

  • 2000, c. 9, s. 466;
  • 2003, c. 19, s. 50;
  • 2007, c. 21, s. 35;
  • 2014, c. 12, s. 86.
Marginal note:Voluntary deregistration
  •  (1) On application by a registered association to become deregistered, signed by its chief executive officer and its financial agent, the Chief Electoral Officer may deregister the association.

  • Marginal note:Deregistration at request of party

    (2) On application by a registered party, signed by its leader and two of its officers, to deregister one of its registered associations, the Chief Electoral Officer shall deregister the association.

  • Marginal note:Exception

    (3) Subsections (1) and (2) do not apply during an election period in the electoral district of the registered association.

  • 2000, c. 9, s. 467;
  • 2001, c. 21, s. 23(F);
  • 2003, c. 19, s. 50;
  • 2014, c. 12, s. 86.
Marginal note:Procedure for non-voluntary deregistration
  •  (1) If the Chief Electoral Officer believes on reasonable grounds that a registered association or its financial agent has omitted to perform any obligation referred to in section 465 or 466, the Chief Electoral Officer shall, in writing, notify the association’s chief executive officer and its financial agent that the association or financial agent must

    • (a) rectify the omission by the discharge of that obligation within 30 days after receipt of the notice; or

    • (b) satisfy the Chief Electoral Officer that the omission was not the result of negligence or a lack of good faith.

  • Marginal note:Extension or exemption

    (2) If paragraph (1)(b) applies, the Chief Electoral Officer may amend the notice by

    • (a) exempting, in whole or in part, the recipients of the notice from complying with the obligations referred to in section 465 or 466; or

    • (b) specifying a period for compliance with the obligations referred to in paragraph (1)(a).

  • Marginal note:Copy of notice

    (3) A copy of any notice or amendment under subsection (1) or (2) shall be sent to the leader and the chief agent of the registered party with which the registered association is affiliated.

  • Marginal note:Deregistration

    (4) The Chief Electoral Officer may deregister a registered association if the association or its financial agent fails to comply with a notice referred to in subsection (1) or with a notice amended under subsection (2).

  • 2000, c. 9, s. 468;
  • 2003, c. 19, s. 51;
  • 2014, c. 12, s. 86.
Marginal note:Electoral Boundaries Readjustment Act
  •  (1) If the boundaries of an electoral district are revised as a result of a representation order made under section 25 of the Electoral Boundaries Readjustment Act, a registered association for the electoral district may, before the day on which the representation order comes into force under subsection 25(1) of that Act, file with the Chief Electoral Officer a notice that it will be continued as the registered association for a particular electoral district described in the representation order. The notice shall be accompanied by a consent signed by the leader of the registered party with which it is affiliated.

  • Marginal note:Effect of continuation

    (2) If a notice has been filed under subsection (1), on the day on which the representation order comes into force, the registered association is continued as the registered association for the electoral district specified in the notice and assumes all the rights and obligations of the association for the former electoral district.

  • Marginal note:Deregistration

    (3) Any registered association in an electoral district whose boundaries are revised as a result of a representation order made under section 25 of the Electoral Boundaries Readjustment Act that does not give a notice under subsection (1) is deregistered on the day on which the representation order comes into force under subsection 25(1) of that Act and, despite paragraph 447(c), may provide goods or transfer funds to the registered party with which it is affiliated or to any of its registered associations in the six months after that day. Any such transfer is not a contribution for the purposes of this Act.

  • Marginal note:Pre-registration

    (4) As soon as a proclamation is issued under section 25 of the Electoral Boundaries Readjustment Act relating to a representation order, an application may be made under section 448 for the registration of an electoral district association for an electoral district that is created by — or whose boundaries are revised as a result of — the order. Any resulting registration does not take effect before the order comes into force.

  • Marginal note:Applicant deemed to be electoral district association

    (5) The applicant in an application referred to in subsection (4) is deemed to be an electoral district association as of the date on which the application is received by the Chief Electoral Officer.

  • 2000, c. 9, s. 469;
  • 2003, c. 19, s. 52;
  • 2014, c. 12, s. 86.
Marginal note:Notice of deregistration
  •  (1) If the Chief Electoral Officer proposes to deregister a registered association under section 467 or subsection 468(4), he or she shall, in writing, so notify the association and the registered party with which it is affiliated.

  • Marginal note:Date of deregistration

    (2) The notice shall specify the effective date of the deregistration, which shall be at least 15 days after the day on which the notice is sent.

  • Marginal note:Proof of service

    (3) The notice shall be sent by registered mail or by a method of courier service that provides proof of mailing, a record while in transit and a record of delivery.

  • 2000, c. 9, s. 470;
  • 2003, c. 19, s. 53;
  • 2014, c. 12, s. 86.
Marginal note:Publication
  •  (1) If a registered association is deregistered for any reason other than the deregistration of the registered party with which it is affiliated, the Chief Electoral Officer shall without delay cause a notice of deregistration to be published in the Canada Gazette.

  • Marginal note:Entry of deregistration in registry of electoral district associations

    (2) The Chief Electoral Officer shall indicate any deregistration of a registered association in the registry of electoral district associations.

  • 2000, c. 9, s. 471;
  • 2003, c. 19, s. 54;
  • 2014, c. 12, s. 86.
Marginal note:Effect of deregistration

 An electoral district association that is deregistered continues to have the obligations of a registered association for the purpose of section 473.

  • 2000, c. 9, s. 472;
  • 2014, c. 12, s. 86.
Marginal note:Fiscal period and returns

 The financial agent of a deregistered electoral district association shall, within six months after the day of its deregistration, provide the Chief Electoral Officer with the documents referred to in subsection 475.4(1) for

  • (a) the portion of its current fiscal period ending on the day of its deregistration; and

  • (b) any earlier fiscal period for which those documents have not already been provided under that subsection.

  • 2000, c. 9, s. 473;
  • 2003, c. 19, s. 55;
  • 2014, c. 12, s. 86.

Subdivision bFinancial Administration of Registered Associations

General

Marginal note:Duty of financial agent

 The financial agent of a registered association is responsible for administering its financial transactions and for reporting on them in accordance with this Act.

  • 2000, c. 9, s. 474;
  • 2014, c. 12, s. 86.
Marginal note:Prohibition — paying expenses
  •  (1) No person or entity, other than an electoral district agent of a registered association, shall pay the registered association’s expenses.

  • Marginal note:Prohibition — incurring expenses

    (2) No person or entity, other than an electoral district agent of a registered association, shall incur the registered association’s expenses.

  • Marginal note:Prohibition — accepting contributions, borrowing

    (3) No person or entity, other than an electoral district agent of a registered association, shall accept contributions to the registered association or borrow money on its behalf.

  • Marginal note:Prohibition — accepting or providing goods, services or funds

    (4) No person or entity, other than the financial agent of a registered association, shall, on behalf of the registered association,

    • (a) accept a provision of goods or services, or a transfer of funds, if the provision or transfer is permitted under section 364; or

    • (b) provide goods or services, or transfer funds, if the provision or transfer is permitted under that section.

  • 2000, c. 9, s. 475;
  • 2014, c. 12, s. 86.

Recovery of Claims for Debts

Marginal note:Claim for payment

 A person who has a claim to be paid for a debt of a registered association shall send the invoice or other document evidencing the claim to the registered association or one of its electoral district agents.

  • 2014, c. 12, s. 86.
Marginal note:Payment within three years

 If a claim for an expense is evidenced by an invoice or other document that has been sent under section 475.1, the claim shall be paid within three years after the day on which payment of it is due.

  • 2014, c. 12, s. 86.
Marginal note:Proceedings to recover payment

 A person who has sent an invoice or other document evidencing a claim under section 475.1 may commence proceedings in a court of competent jurisdiction to recover any unpaid amount

  • (a) at any time, if the electoral district agent refuses to pay that amount or disputes that it is payable; or

  • (b) after the end of the period referred to in section 475.2, in any other case.

  • 2014, c. 12, s. 86.

Financial Reporting

Marginal note:Financial transactions return
  •  (1) For each fiscal period of a registered association, its financial agent shall provide the Chief Electoral Officer with

    • (a) a financial transactions return, in the prescribed form, on the association’s financial transactions;

    • (b) the auditor’s report on the return, if one is required under subsection 475.6(1); and

    • (c) a declaration in the prescribed form by the financial agent that the return is complete and accurate.

  • Marginal note:Contents of return

    (2) A financial transactions return shall set out

    • (a) the total amount of contributions received by the registered association;

    • (b) the number of contributors;

    • (c) the name and address of each contributor who made contributions of a total amount of more than $200 to the registered association, that total amount, as well as the amount of each of those contributions and the date on which the association received it;

    • (d) a statement of the registered association’s assets and liabilities and any surplus or deficit in accordance with generally accepted accounting principles, including a statement of

      • (i) claims that are the subject of proceedings under section 475.3, and

      • (ii) unpaid claims, including those resulting from loans made to the registered association under section 373;

    • (e) a statement of the registered association’s revenues and expenses in accordance with generally accepted accounting principles, including a statement of expenses incurred for voter contact calling services as defined in section 348.01, provided by a calling service provider as defined in that section, that indicates the name of that provider and the amount of those expenses;

    • (f) a statement of the commercial value of goods or services provided and of funds transferred by the registered association to the registered party, to another registered association or to a candidate endorsed by the registered party;

    • (g) a statement of the commercial value of goods or services provided and of funds transferred to the registered association from the registered party, another registered association, a nomination contestant, a candidate or a leadership contestant;

    • (h) a statement of the terms and conditions of each loan made to the registered association under section 373, including the amount of the loan, the interest rate, the lender’s name and address, the dates and amounts of repayments of principal and payments of interest and, if there is a guarantor, the guarantor’s name and address and the amount guaranteed; and

    • (i) a statement of contributions received by the registered association but returned in whole or in part to the contributors or otherwise dealt with in accordance with this Act.

  • Marginal note:Report

    (3) If there is any amendment to the information in a statement referred to in paragraph (2)(h), including with respect to the giving of a guarantee or suretyship, then the registered association’s financial agent shall without delay provide the Chief Electoral Officer with a report on the amendment in the prescribed form.

  • Marginal note:Publication

    (4) The Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish the information in a statement referred to in paragraph (2)(h) and any report provided under subsection (3) as soon as feasible after receiving the information or report.

  • Marginal note:Period for providing documents

    (5) The documents referred to in subsection (1) shall be provided to the Chief Electoral Officer within five months after the end of the fiscal period.

  • Marginal note:Statement of unpaid claims

    (6) The statement of unpaid claims referred to in subparagraph (2)(d)(ii) shall include information indicating

    • (a) each unpaid claim in the statement for the previous fiscal period that has been paid in full since that statement was provided; and

    • (b) each claim that remains unpaid 18 months after the day on which it was due and each claim that remains unpaid 36 months after the day on which it was due.

  • Marginal note:Unpaid claims — 18 months or more

    (7) The statement shall include the following information concerning claims referred to in paragraph (6)(b):

    • (a) whether any part of the unpaid amount is disputed and, if so, what steps the parties have taken to resolve the dispute;

    • (b) whether the claim is the subject of proceedings under section 475.3;

    • (c) whether the unpaid amount of a loan is the subject of proceedings to secure its payment, or of a dispute as to the amount that was to be paid or the amount that remains unpaid;

    • (d) whether the parties have agreed on a repayment schedule and, if so, whether repayments are being made according to the schedule;

    • (e) whether the unpaid amount has been written off by the creditor as an uncollectable debt in accordance with the creditor’s normal accounting practices; and

    • (f) any other relevant information that could help explain why the amount is unpaid.

  • 2014, c. 12, s. 86.
Marginal note:When contributions forwarded to Receiver General

 If the name of the contributor of a contribution of more than $20 to a registered association, or the name or address of a contributor who has made contributions of a total amount of more than $200 to a registered association, is not known, the registered association’s financial agent shall, without delay, pay an amount of money equal to the value of the contribution to the Chief Electoral Officer, who shall forward it to the Receiver General.

  • 2014, c. 12, s. 86.
Marginal note:Auditor’s report
  •  (1) The auditor of a registered association that has, in a fiscal period, accepted contributions of $5,000 or more in total or incurred expenses of $5,000 or more in total shall report to the association’s financial agent on the association’s financial transactions return and shall, in accordance with generally accepted auditing standards, make any examination that will enable the auditor to give an opinion in the report as to whether the return presents fairly the information contained in the financial records on which it is based.

  • Marginal note:Statement

    (2) The auditor shall include in the report any statement that the auditor considers necessary if

    • (a) the financial transactions return that is the subject of the report does not present fairly and in accordance with generally accepted accounting principles the information contained in the financial records on which it is based;

    • (b) the auditor has not received all of the information and explanations that the auditor required; or

    • (c) based on the examination, it appears that the registered association has not kept proper financial records.

  • Marginal note:Right of access

    (3) The auditor shall have access at any reasonable time to all of the association’s documents, and may require the association’s electoral district agents to provide any information or explanation that, in the auditor’s opinion, may be necessary to enable the auditor to prepare the report.

  • 2014, c. 12, s. 86.
Marginal note:Prohibition — false, misleading or incomplete document

 No financial agent of a registered association shall provide the Chief Electoral Officer with a document referred to in paragraph 475.4(1)(a) that

  • (a) the financial agent knows or ought reasonably to know contains a material statement that is false or misleading; or

  • (b) does not substantially set out the information required under subsection 475.4(2) or, in the case of a statement of unpaid claims referred to in subparagraph 475.4(2)(d)(ii), does not substantially set out information required under subsection 475.4(6) or (7).

  • 2014, c. 12, s. 86.

Payment of Audit Expenses

Marginal note:Certificate — audit expenses
  •  (1) On receipt of the documents referred to in subsection 475.4(1) and a copy of the auditor’s invoice, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the amount, up to a maximum of $1,500, of the expenses incurred for the audit made under subsection 475.6(1).

  • Marginal note:Payment

    (2) On receipt of the certificate, the Receiver General shall pay the amount set out in it to the auditor out of the Consolidated Revenue Fund.

  • 2014, c. 12, s. 86.

Corrections, Revisions and Extended Reporting Periods

Marginal note:Minor corrections — Chief Electoral Officer
  •  (1) The Chief Electoral Officer may correct a document referred to in subsection 475.4(1) if the correction does not materially affect its substance.

  • Marginal note:Corrections or revisions at request of Chief Electoral Officer

    (2) The Chief Electoral Officer may in writing request a registered association’s financial agent to correct or revise, within a specified period, a document referred to in subsection 475.4(1).

  • Marginal note:Deadline for corrections or revision

    (3) If the Chief Electoral Officer requests the correction or revision, the registered association’s financial agent shall provide him or her with the corrected or revised version of the document within the specified period.

  • 2014, c. 12, s. 86.
Marginal note:Extensions — Chief Electoral Officer
  •  (1) The Chief Electoral Officer, on the written application of a registered association’s financial agent or, if the financial agent is absent or unable to perform their duties, its chief executive officer, shall authorize the extension of a period referred to in subsection 475.4(5) unless he or she is satisfied that the financial agent’s failure to provide the required documents was deliberate or was the result of their failure to exercise due diligence.

  • Marginal note:Deadline

    (2) The application may be made within the period referred to in subsection 475.4(5) or within two weeks after the end of that period.

  • 2014, c. 12, s. 86.
Marginal note:Corrections or revisions — Chief Electoral Officer
  •  (1) The Chief Electoral Officer, on the written application of a registered association’s financial agent or, if the financial agent is absent or unable to perform their duties, its chief executive officer, shall authorize the correction or revision of a document referred to in subsection 475.4(1) if he or she is satisfied by the evidence submitted by the applicant that the correction or revision is necessary in order for the requirements of this Act to be complied with.

  • Marginal note:Application made without delay

    (2) The application shall be made immediately after the applicant becomes aware of the need for correction or revision.

  • Marginal note:Deadline for corrections or revisions

    (3) The applicant shall provide the Chief Electoral Officer with the corrected or revised version of the document within 30 days after the day on which the correction or revision is authorized or within any extension of that period authorized under subsection (4) or (5).

  • Marginal note:New deadline

    (4) The Chief Electoral Officer, on the written application of the applicant made within two weeks after the end of the 30-day period referred to in subsection (3), shall authorize the extension of that period, unless he or she is satisfied that the applicant’s failure to provide the corrected or revised version of the document was deliberate or was the result of their failure to exercise due diligence.

  • Marginal note:Extension of new deadline

    (5) The Chief Electoral Officer, on the written application of the applicant made within two weeks after the end of an extension authorized under subsection (4) or under this subsection, shall authorize the further extension of that period, unless he or she is satisfied that the applicant’s failure to provide the corrected or revised version of the document was deliberate or was the result of their failure to exercise due diligence.

  • 2014, c. 12, s. 86.
Marginal note:Extensions, corrections or revisions — judge
  •  (1) The financial agent of a registered association or, if the financial agent is absent or unable to perform their duties, its chief executive officer, may apply to a judge for an order

    • (a) relieving the financial agent from the obligation to comply with a request referred to in subsection 475.9(2);

    • (b) authorizing an extension referred to in subsection 475.91(1); or

    • (c) authorizing a correction or revision referred to in subsection 475.92(1).

    The applicant shall notify the Chief Electoral Officer that the application has been made.

  • Marginal note:Deadline

    (2) The application may be made

    • (a) under paragraph (1)(a), within the specified period referred to in subsection 475.9(2) or within the two weeks after the end of that period;

    • (b) under paragraph (1)(b), within two weeks after, as the case may be,

      • (i) if an application for an extension is not made to the Chief Electoral Officer within the period referred to in subsection 475.91(2), the end of the two-week period referred to in that subsection,

      • (ii) the rejection of an application for an extension made in accordance with section 475.91, or

      • (iii) the end of the extended period referred to in subsection 475.91(1); or

    • (c) under paragraph (1)(c), within two weeks after the rejection of an application for a correction or revision made in accordance with section 475.92.

  • Marginal note:Grounds — relief from compliance

    (3) The judge shall grant an order relieving the financial agent from the obligation to comply with a request referred to in subsection 475.9(2) if the judge is satisfied by the evidence submitted by the applicant that the correction or revision is not necessary in order for the requirements of this Act to be complied with.

  • Marginal note:Grounds — extension

    (4) The judge shall grant an order authorizing an extension unless the judge is satisfied that the financial agent’s failure to provide the required documents was deliberate or was the result of the financial agent’s failure to exercise due diligence.

  • Marginal note:Grounds — correction or revision

    (5) The judge shall grant an order authorizing a correction or revision if the judge is satisfied by the evidence submitted by the applicant that the correction or revision is necessary in order for the requirements of this Act to be complied with.

  • Marginal note:Contents of order

    (6) An order under subsection (1) may require that the applicant satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.

  • 2014, c. 12, s. 86.

Division 4Nomination Contestants

Interpretation

Marginal note:Definitions

 The following definitions apply in this Division.

“personal expenses”

« dépense personnelle »

“personal expenses” means the expenses of a personal nature that are reasonably incurred by or on behalf of a nomination contestant in relation to their nomination campaign and includes

  • (a) travel and living expenses;

  • (b) childcare expenses;

  • (c) expenses relating to the provision of care for a person with a physical or mental incapacity for whom the contestant normally provides such care; and

  • (d) in the case of a contestant who has a disability, additional expenses that are related to the disability.

“selection date”

« date de désignation »

“selection date” means the date on which a nomination contest is decided.

  • 2000, c. 9, s. 476;
  • 2003, c. 19, s. 56;
  • 2014, c. 12, s. 86.

Subdivision aNomination Contest Report

Marginal note:Notice of nomination contest
  •  (1) When a nomination contest is held, the registered party, or the registered association if the contest was held by the registered association, shall, within 30 days after the selection date, file with the Chief Electoral Officer a report setting out

    • (a) the name of the electoral district, the registered association and the registered party that the nomination contest concerns;

    • (b) the date on which the nomination contest began and the selection date;

    • (c) the name and address of each nomination contestant as of the selection date and of their financial agent; and

    • (d) the name of the person selected in the nomination contest.

  • Marginal note:Notice

    (2) The Chief Electoral Officer shall, in the manner that he or she considers appropriate, communicate to each nomination contestant the information related to that contestant that was reported under subsection (1).

  • Marginal note:Publication

    (3) The Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish a notice containing the information referred to in subsection (1).

  • 2014, c. 12, s. 86.
Marginal note:Deeming

 For the purposes of Division 1 of this Part and this Division, a nomination contestant is deemed to have been a nomination contestant from the time they accept a contribution, incur a nomination campaign expense or borrow money under section 373.

  • 2014, c. 12, s. 86.
Marginal note:Duty to appoint financial agent

 A nomination contestant shall appoint a financial agent before accepting a contribution or incurring a nomination campaign expense.

  • 2014, c. 12, s. 86.
Marginal note:Financial agent — ineligibility
  •  (1) The following persons are ineligible to be the financial agent of a nomination contestant:

    • (a) an election officer or a member of the staff of a returning officer;

    • (b) a candidate or a nomination contestant;

    • (c) an auditor appointed as required by this Act;

    • (d) a person who is not an elector;

    • (e) an undischarged bankrupt; and

    • (f) a person who does not have full capacity to enter into contracts in the province in which the person ordinarily resides.

  • Marginal note:If partnership appointed as auditor

    (2) A person may be appointed as financial agent for a nomination contestant even if the person is a member of a partnership that has been appointed as an auditor, in accordance with this Act, for the registered party.

  • 2014, c. 12, s. 86.
Marginal note:Consent

 A nomination contestant shall obtain from the financial agent, on appointment, their signed consent to act in that capacity.

  • 2014, c. 12, s. 86.
Marginal note:Replacement of financial agent

 In the event of the death, incapacity, resignation or ineligibility of the financial agent, or the revocation of the appointment of one, the nomination contestant shall without delay appoint a replacement.

  • 2014, c. 12, s. 86.
Marginal note:Only one financial agent

 A nomination contestant shall have no more than one financial agent at a time.

  • 2014, c. 12, s. 86.
Marginal note:Prohibition — financial agents

 No person who is ineligible to be a financial agent of a nomination contestant shall act in that capacity.

  • 2014, c. 12, s. 86.
Marginal note:Changes in reported information
  •  (1) Within 30 days after a change in the information referred to in paragraph 476.1(1)(c) in respect of a nomination contestant, the nomination contestant shall report the change in writing to the Chief Electoral Officer.

  • Marginal note:New financial agent

    (2) If the report involves the replacement of the nomination contestant’s financial agent, it shall include a copy of the signed consent referred to in section 476.5.

  • 2014, c. 12, s. 86.

Subdivision bFinancial Administration of Nomination Contestants

Powers, Duties and Functions of Financial Agent

Marginal note:Duty of financial agent

 A nomination contestant’s financial agent is responsible for administering the contestant’s financial transactions for their nomination campaign and for reporting on those transactions in accordance with this Act.

  • 2014, c. 12, s. 86.
Marginal note:Bank account
  •  (1) A nomination contestant’s financial agent shall open, for the sole purpose of the contestant’s nomination campaign, a separate bank account in a Canadian financial institution as defined in section 2 of the Bank Act, or in an authorized foreign bank as defined in that section that is not subject to the restrictions and requirements referred to in subsection 524(2) of that Act.

  • Marginal note:Account holder name

    (2) The account shall name the account holder as follows: “(name of financial agent), financial agent”.

  • Marginal note:Payments and receipts

    (3) All of a nomination contestant’s financial transactions in relation to the contestant’s nomination campaign that involve the payment or receipt of money are to be paid from or deposited to the account.

  • Marginal note:Closure of bank account

    (4) After the selection date or the withdrawal or death of the nomination contestant, the contestant’s financial agent shall close the account once all unpaid claims and surplus nomination campaign funds have been dealt with in accordance with this Act.

  • Marginal note:Final statement of bank account

    (5) The financial agent shall, on closing the account, provide the Chief Electoral Officer with the final statement of the account.

  • 2014, c. 12, s. 86.
Marginal note:Prohibition — accepting contributions, borrowing
  •  (1) No person or entity, other than the financial agent of a nomination contestant, shall accept contributions to the contestant’s nomination campaign or borrow money on the contestant’s behalf under section 373.

  • Marginal note:Prohibition — accepting goods, services or funds or transferring funds

    (2) No person or entity, other than the financial agent of a nomination contestant, shall, on the contestant’s behalf,

    • (a) accept a provision of goods or services, or a transfer of funds, if the provision or transfer is permitted under section 364; or

    • (b) transfer funds, if the transfer is permitted under that section.

  • Marginal note:Prohibition — accepting certain transfers of funds

    (3) No financial agent of a nomination contestant shall, on the contestant’s behalf, accept a transfer of funds from a registered party or registered association.

  • Marginal note:Prohibition — paying nomination campaign expenses

    (4) No person or entity, other than the financial agent of a nomination contestant, shall pay the contestant’s nomination campaign expenses, other than personal expenses.

  • Marginal note:Prohibition — incurring nomination campaign expenses

    (5) No person or entity, other than the nomination contestant or their financial agent, shall incur the contestant’s nomination campaign expenses.

  • Marginal note:Prohibition — paying contestant’s personal expenses

    (6) No person or entity, other than the nomination contestant or their financial agent, shall pay the contestant’s personal expenses.

  • 2014, c. 12, s. 86.
Marginal note:Limits on expenses

 The limit for nomination campaign expenses — other than personal expenses — that is allowed for a nomination contestant in an electoral district is the amount

  • (a) that is 20% of the election expenses limit that was calculated under section 477.49 for that electoral district during the immediately preceding general election, if the boundaries for the electoral district have not changed since then; or

  • (b) that the Chief Electoral Officer determines, in any other case.

  • 2014, c. 12, s. 86.
Marginal note:Prohibition — expenses more than maximum
  •  (1) No nomination contestant and no financial agent of a nomination contestant shall incur total nomination campaign expenses — other than personal expenses — in an amount that is more than the limit allowed for that electoral district under section 476.67.

  • Marginal note:Prohibition — collusion

    (2) No person or entity shall

    • (a) circumvent, or attempt to circumvent, the limit referred to in section 476.67; or

    • (b) act in collusion with another person or entity for that purpose.

  • 2014, c. 12, s. 86.

Recovery of Claims for Debts

Marginal note:Claim for payment

 A person who has a claim to be paid for a nomination campaign expense shall send the invoice or other document evidencing the claim to the nomination contestant’s financial agent or, if there is no financial agent, to the nomination contestant.

  • 2014, c. 12, s. 86.
Marginal note:Payment within three years
  •  (1) If a claim for a nomination campaign expense is evidenced by an invoice or other document that has been sent under section 476.69, or if a claim for repayment of a loan is made to the nomination contestant under section 373, the claim shall be paid within three years after the selection date or, in the case referred to in subsection 476.75(16), the polling day.

  • Marginal note:Prohibition — payment without authorization

    (2) No nomination candidate and no financial agent of a nomination contestant shall pay a claim referred to in subsection (1) after the end of the three-year period referred to in that subsection unless authorized to do so under section 476.72 or 476.73, or ordered to do so as a result of proceedings commenced under section 476.74.

  • 2014, c. 12, s. 86.
Marginal note:Unenforceable contracts

 A contract in relation to a nomination campaign is not enforceable against the nomination contestant unless it was entered into by the contestant personally or by the contestant’s financial agent.

  • 2014, c. 12, s. 86.
Marginal note:Irregular claims or payments — Chief Electoral Officer
  •  (1) On the written application of a person who has a claim to be paid for a nomination campaign expense in relation to a nomination contestant or to be paid for a loan made to the contestant under section 373, or on the written application of the contestant’s financial agent or the contestant, the Chief Electoral Officer may, on being satisfied that there are reasonable grounds for so doing, in writing authorize the contestant’s financial agent to pay the amount claimed if the payment of the expense or the repayment of the loan was not made within the three-year period referred to in subsection 476.7(1).

  • Marginal note:Conditions

    (2) The Chief Electoral Officer may impose any term or condition that he or she considers appropriate on a payment authorized under subsection (1).

  • 2014, c. 12, s. 86.
Marginal note:Irregular claims or payments — judge

 On the application of a person who has a claim to be paid for a nomination campaign expense in relation to a nomination contestant or to be paid for a loan made to the contestant under section 373, or on the application of the contestant’s financial agent or the contestant, a judge may, on being satisfied that there are reasonable grounds for so doing, by order authorize the contestant’s financial agent to pay the amount claimed if

  • (a) the applicant establishes that an authorization under subsection 476.72(1) has been refused and that the payment has not been made within the three-year period referred to in subsection 476.7(1); or

  • (b) the amount claimed has not been paid in accordance with an authorization obtained under subsection 476.72(1) and the applicant establishes their inability to comply with the authorization for reasons beyond their control.

The applicant shall notify the Chief Electoral Officer that the application has been made.

  • 2014, c. 12, s. 86.
Marginal note:Proceedings to recover payment

 A person who has sent an invoice or other document evidencing a claim under section 476.69, or has a claim for repayment of a loan made to a nomination contestant under section 373, may commence proceedings in a court of competent jurisdiction to recover any unpaid amount

  • (a) at any time, if the nomination contestant or their financial agent refuses to pay that amount or disputes that it is payable; or

  • (b) after the end of the three-year period referred to in subsection 476.7(1) or any extension of that period authorized under subsection 476.72(1) or section 476.73, in any other case.

The nomination contestant shall notify the Chief Electoral Officer that the proceedings have been commenced.

  • 2014, c. 12, s. 86.

Nomination Campaign Return

Marginal note:Nomination campaign return
  •  (1) A nomination contestant’s financial agent who has accepted contributions of $1,000 or more in total or incurred nomination campaign expenses of $1,000 or more in total shall provide the Chief Electoral Officer with the following in respect of a nomination contest:

    • (a) a nomination campaign return, in the prescribed form, on the financing and nomination campaign expenses for the nomination campaign;

    • (b) if the appointment of an auditor is required under subsection 476.77(1), the auditor’s report on the return made under section 476.8;

    • (c) a declaration in the prescribed form by the financial agent that the return is complete and accurate; and

    • (d) a declaration in the prescribed form by the nomination contestant that the return is complete and accurate.

  • Marginal note:Contents of return

    (2) The nomination campaign return shall set out

    • (a) a statement of nomination campaign expenses;

    • (b) a statement of claims that are the subject of proceedings under section 476.74;

    • (c) a statement of unpaid claims, including those resulting from loans made to the nomination contestant under section 373;

    • (d) a statement of the terms and conditions of each loan made to the nomination contestant under section 373, including the amount of the loan, the interest rate, the lender’s name and address, the dates and amounts of repayments of principal and payments of interest, the unpaid principal remaining at the end of each calendar year and, if there is a guarantor, the guarantor’s name and address and the amount guaranteed;

    • (e) the total amount of contributions received by the nomination contestant;

    • (f) the number of contributors;

    • (g) the name and address of each contributor who made contributions of a total amount of more than $200 to the nomination contestant, that total amount, as well as the amount of each of those contributions and the date on which the contestant received it;

    • (h) a statement of the commercial value of goods or services provided and of funds transferred by the nomination contestant to a registered party, a registered association, or a candidate;

    • (i) a statement of the commercial value of goods or services provided to the nomination contestant by a registered party or a registered association;

    • (j) a statement of the commercial value of goods or services provided and of funds transferred to the nomination contestant from themselves in their capacity as a candidate; and

    • (k) a statement of contributions received but returned in whole or in part to the contributors or otherwise dealt with in accordance with this Act.

  • Marginal note:Supporting documents

    (3) Together with the nomination campaign return, the nomination contestant’s financial agent shall provide the Chief Electoral Officer with documents evidencing expenses set out in the return, including bank statements, deposit slips, cancelled cheques and the contestant’s written statement concerning personal expenses referred to in subsection 476.82(1).

  • Marginal note:Additional supporting documents

    (4) If the Chief Electoral Officer is of the opinion that the documents provided under subsection (3) are not sufficient, he or she may require the financial agent to provide by a specified date any additional documents that are necessary for the financial agent to comply with that subsection.

  • Marginal note:Report

    (5) If there is any amendment to the information in a statement referred to in paragraph (2)(d), including with respect to the giving of a guarantee or suretyship in respect of the loan, then the nomination contestant’s financial agent shall without delay provide the Chief Electoral Officer with a report on the amendment in the prescribed form.

  • Marginal note:Publication

    (6) The Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish the information in a statement referred to in paragraph (2)(d) and any report provided under subsection (5) as soon as feasible after receiving the information or report.

  • Marginal note:Period for providing documents

    (7) The documents referred to in subsection (1) shall be provided to the Chief Electoral Officer within four months after the selection date.

  • Marginal note:Declaration of nomination contestant

    (8) A nomination contestant shall, within four months after the selection date, send their financial agent the declaration referred to in paragraph (1)(d).

  • Marginal note:Death of nomination contestant

    (9) If a nomination contestant dies without having sent the declaration within the period referred to in subsection (8),

    • (a) they are deemed to have sent the declaration in accordance with that subsection; and

    • (b) the financial agent is deemed to have provided the declaration to the Chief Electoral Officer in accordance with subsection (1).

  • Marginal note:Payment of unpaid claims

    (10) If a claim — including one resulting from a loan — is paid in full after the return under paragraph (1)(a) is provided to the Chief Electoral Officer, the nomination contestant’s financial agent shall provide the Chief Electoral Officer with a report in the prescribed form on the payment of the claim within 30 days after the day on which the payment is made, including information indicating the source of the funds used to pay the claim.

  • Marginal note:First update

    (11) The nomination contestant’s financial agent shall provide the Chief Electoral Officer with an updated version of the statement of unpaid claims referred to in paragraph (2)(c), as of the day that is 18 months after the selection date, within the period that begins 18 months after the selection date and ends 19 months after the selection date. The updated version shall include the following information concerning the unpaid amount of a claim, including one resulting from a loan:

    • (a) whether any part of the unpaid amount is disputed and, if so, what steps the parties have taken to resolve the dispute;

    • (b) whether the claim is the subject of proceedings under section 476.74;

    • (c) whether the unpaid amount of a loan is the subject of proceedings to secure its payment, or of a dispute as to the amount that was to be paid or the amount that remains unpaid;

    • (d) whether the parties have agreed on a repayment schedule and, if so, whether repayments are being made according to the schedule;

    • (e) whether the unpaid amount has been written off by the creditor as an uncollectable debt in accordance with the creditor’s normal accounting practices; and

    • (f) any other relevant information that could help explain why the amount is unpaid.

  • Marginal note:Second update

    (12) The nomination contestant’s financial agent shall provide the Chief Electoral Officer with an updated version of the statement of unpaid claims referred to in paragraph (2)(c), as of the day that is 36 months after the selection date, within the period that begins 36 months after the selection date and ends 37 months after the selection date. The updated version shall include the information referred to in paragraphs (11)(a) to (f).

  • Marginal note:Supporting documents

    (13) Together with the updated versions of the statement of unpaid claims referred to in subsections (11) and (12), the nomination contestant’s financial agent shall provide the Chief Electoral Officer with documents evidenc­ing the matters referred to in paragraphs (11)(a) to (f), including, if paragraph (11)(d) applies, a copy of the repayment schedule.

  • Marginal note:Additional supporting documents

    (14) If the Chief Electoral Officer is of the opinion that the documents provided under subsection (13) are not sufficient, he or she may require the financial agent to provide by a specified date any additional documents that are necessary for the financial agent to comply with that subsection.

  • Marginal note:Irregular claims and payments

    (15) The nomination contestant’s financial agent shall provide the Chief Electoral Officer with a report in the prescribed form on the payment of a claim that was subject to an authorization to pay under section 476.72 or 476.73 or to an order to pay resulting from proceedings commenced under section 476.74. The financial agent shall provide the report within 30 days after the day on which the payment is made and shall include in it information indicating the source of the funds used to pay the claim.

  • Marginal note:Selection date

    (16) In applying subsections (7), (8), (11) and (12), if the selection date of a nomination contest falls within an election period for that electoral district or the 30 days before it, then a reference to “selection date” is to be read as a reference to “polling day”.

  • 2014, c. 12, s. 86.
Marginal note:When contributions forwarded to Receiver General

 If the name of the contributor of a contribution of more than $20 to a nomination contestant, or the name or address of a contributor who has made contributions of a total amount of more than $200 to a nomination contestant, is not known, the nomination contestant’s financial agent shall, without delay, pay an amount of money equal to the value of the contribution to the Chief Electoral Officer, who shall forward it to the Receiver General.

  • 2014, c. 12, s. 86.
Marginal note:Appointment of auditor
  •  (1) A nomination contestant who has accepted contributions of $10,000 or more in total or incurred nomination campaign expenses of $10,000 or more in total shall appoint an auditor without delay.

  • Marginal note:Auditor — eligibility

    (2) Only the following are eligible to be an auditor for a nomination contestant:

    • (a) a person who is a member in good standing of a corporation, association or institute of professional accountants; or

    • (b) a partnership in which every partner is a member in good standing of a corporation, association or institute of professional accountants.

  • Marginal note:Auditor — ineligibility

    (3) The following persons are ineligible to be an auditor:

    • (a) an election officer or a member of the staff of a returning officer;

    • (b) a chief agent of a registered party or an eligible party, or a registered agent of a registered party;

    • (c) a candidate or their official agent;

    • (d) an electoral district agent of a registered association;

    • (e) a leadership contestant or their leadership campaign agent;

    • (f) a nomination contestant or their financial agent; and

    • (g) a financial agent of a registered third party.

  • Marginal note:Notification of appointment

    (4) Every nomination contestant, without delay after an auditor is appointed, shall provide the Chief Electoral Officer with the auditor’s name, address, telephone number and occupation and their signed consent to act in that capacity.

  • Marginal note:New auditor

    (5) If a nomination contestant’s auditor is replaced, the contestant shall, without delay, provide the Chief Electoral Officer with the new auditor’s name, address, telephone number and occupation and their signed consent to act in that capacity.

  • 2014, c. 12, s. 86.
Marginal note:Only one auditor

 A nomination contestant shall have no more than one auditor at a time.

  • 2014, c. 12, s. 86.
Marginal note:Prohibition — auditors

 No person who is ineligible to be an auditor of a nomination contestant shall act in that capacity.

  • 2014, c. 12, s. 86.
Marginal note:Auditor’s report
  •  (1) A nomination contestant’s auditor appointed in accordance with subsection 476.77(1) shall, as soon as feasible after the selection date, report to the contestant’s financial agent on the nomination campaign return for that campaign and shall, in accordance with generally accepted auditing standards, make any examination that will enable the auditor to give an opinion in the report as to whether the return presents fairly the information contained in the financial records on which it is based.

  • Marginal note:Statement

    (2) The auditor shall include in the report any statement that the auditor considers necessary if

    • (a) the return does not present fairly the information contained in the financial records on which it is based;

    • (b) the auditor has not received all of the information and explanations that the auditor required; or

    • (c) based on the examination, it appears that the financial agent has not kept proper financial records.

  • Marginal note:Right of access

    (3) The auditor shall have access at any reasonable time to all of the nomination contestant’s documents, and may require the contestant and their financial agent to provide any information or explanation that, in the auditor’s opinion, may be necessary to enable the auditor to prepare the report.

  • Marginal note:Ineligible to prepare report

    (4) No person referred to in subsection 476.77(3) who is a partner or an associate of a nomination contestant’s auditor or who is an employee of that auditor, or of the firm in which that auditor is a partner or associate, shall participate, other than in the manner referred to in subsection (3), in the preparation of the auditor’s report.

  • 2014, c. 12, s. 86.
Marginal note:Nomination contestants outside Canada
  •  (1) Despite subsection 476.75(7), a nomination contestant who is outside Canada when the documents referred to in paragraphs 476.75(1)(a) to (c) are provided to the Chief Electoral Officer need not send their financial agent the declaration referred to in paragraph 476.75(1)(d) within the period referred to in subsection 476.75(7), but if the contestant does not send it to their financial agent within that period then the contestant shall provide the Chief Electoral Officer with the declaration no later than 14 days after the day on which the contestant returns to Canada.

  • Marginal note:Financial agent relieved of obligation

    (2) Despite subsection 476.75(1), the financial agent need not provide the Chief Electoral Officer with the nomination contestant’s declaration referred to in paragraph 476.75(1)(d) if, in the circumstances set out in subsection (1), the contestant has not sent it to the financial agent.

  • 2014, c. 12, s. 86.
Marginal note:Statement of personal expenses
  •  (1) A nomination contestant shall, within three months after the selection date, send their financial agent a written statement in the prescribed form that

    • (a) sets out the amount of any personal expenses that the contestant paid and details of those personal expenses, including documentation of their payment; or

    • (b) declares that the contestant did not pay for any personal expenses.

  • Marginal note:Death of contestant

    (2) Subsection (1) does not apply to a nomination contestant who dies before the end of the three-month period referred to in that subsection without having sent the written statement.

  • 2014, c. 12, s. 86.

Corrections, Revisions and Extended Reporting Periods

Marginal note:Minor corrections — Chief Electoral Officer
  •  (1) The Chief Electoral Officer may correct a document referred to in subsection 476.75(1), (10), (11), (12) or (15) if the correction does not materially affect its substance.

  • Marginal note:Corrections or revisions at request of Chief Electoral Officer

    (2) The Chief Electoral Officer may in writing request a nomination contestant’s financial agent to correct or revise, within a specified period, a document referred to in subsection 476.75(1), (10), (11), (12) or (15).

  • Marginal note:Deadline for corrections or revisions

    (3) If the Chief Electoral Officer requests the correction or revision, the nomination contestant’s financial agent shall provide the Chief Electoral Officer with the corrected or revised version of the document within the specified period.

  • 2014, c. 12, s. 86.
Marginal note:Extensions — Chief Electoral Officer
  •  (1) The Chief Electoral Officer, on the written application of a nomination contestant or their financial agent, shall authorize the extension of a period referred to in subsection 476.75(7), (10), (11), (12) or (15), unless he or she is satisfied that the financial agent’s failure to provide the required documents was deliberate or was the result of the financial agent’s failure to exercise due diligence.

  • Marginal note:Deadline

    (2) The application may be made within the period referred to in subsection 476.75(7), (10), (11), (12) or (15) or within two weeks after the end of that period.

  • 2014, c. 12, s. 86.
Marginal note:Corrections or revisions — Chief Electoral Officer
  •  (1) The Chief Electoral Officer, on the written application of a nomination contestant or their financial agent, shall authorize the correction or revision of a document referred to in subsection 476.75(1), (10), (11), (12) or (15) if he or she is satisfied by the evidence submitted by the applicant that the correction or revision is necessary in order for the requirements of this Act to be complied with.

  • Marginal note:Application made without delay

    (2) The application shall be made immediately after the applicant becomes aware of the need for correction or revision.

  • Marginal note:Deadline for corrections or revisions

    (3) The applicant shall provide the Chief Electoral Officer with the corrected or revised version of the document within 30 days after the day on which the correction or revision is authorized or within any extension of that period authorized under subsection (4) or (5).

  • Marginal note:New deadline

    (4) The Chief Electoral Officer, on the written application of the applicant made within two weeks after the end of the 30-day period referred to in subsection (3), shall authorize the extension of that period, unless he or she is satisfied that the applicant’s failure to provide the corrected or revised version of the document was deliberate or was the result of their failure to exercise due diligence.

  • Marginal note:Extension of new deadline

    (5) The Chief Electoral Officer, on the written application of the applicant made within two weeks after the end of an extension authorized under subsection (4) or under this subsection, shall authorize the further extension of that period, unless he or she is satisfied that the applicant’s failure to provide the corrected or revised version of the document was deliberate or was the result of their failure to exercise due diligence.

  • 2014, c. 12, s. 86.
Marginal note:Extensions, corrections or revisions — judge
  •  (1) A nomination contestant or their financial agent may apply to a judge for an order

    • (a) relieving the financial agent from the obligation to comply with a request referred to in subsection 476.83(2);

    • (b) authorizing an extension referred to in subsection 476.84(1); or

    • (c) authorizing a correction or revision referred to in subsection 476.85(1).

    The applicant shall notify the Chief Electoral Officer that the application has been made.

  • Marginal note:Deadline

    (2) The application may be made

    • (a) under paragraph (1)(a), within the specified period referred to in subsection 476.83(2) or within the two weeks after the end of that period;

    • (b) under paragraph (1)(b), within two weeks after, as the case may be,

      • (i) if an application for an extension is not made to the Chief Electoral Officer within the period referred to in subsection 476.84(2), the end of the two-week period referred to in that subsection,

      • (ii) the rejection of an application for an extension made in accordance with section 476.84, or

      • (iii) the end of the extended period referred to in subsection 476.84(1); or

    • (c) under paragraph (1)(c), within two weeks after the rejection of an application for a correction or revision made in accordance with section 476.85.

  • Marginal note:Grounds — relief from compliance

    (3) The judge shall grant an order relieving the financial agent from the obligation to comply with a request referred to in subsection 476.83(2) if the judge is satisfied by the evidence submitted by the applicant that the correction or revision is not necessary in order for the requirements of this Act to be complied with.

  • Marginal note:Grounds — extension

    (4) The judge shall grant an order authorizing an extension unless the judge is satisfied that the financial agent’s failure to provide the required documents was deliberate or was the result of their failure to exercise due diligence.

  • Marginal note:Grounds — corrections or revisions

    (5) The judge shall grant an order authorizing a correction or revision if the judge is satisfied by the evidence submitted by the applicant that the correction or revision is necessary in order for the requirements of this Act to be complied with.

  • Marginal note:Contents of order

    (6) An order under subsection (1) may require that the applicant satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.

  • 2014, c. 12, s. 86.
Marginal note:Appearance of financial agent before judge
  •  (1) A judge dealing with an application under section 476.86 or 476.88 who is satisfied that a nomination contestant or a financial agent has not provided the documents referred to in subsection 476.75(1), (10), (11), (12) or (15) in accordance with this Act because of a failure of the financial agent or a predecessor of the financial agent shall, by order served personally, require the financial agent or that predecessor to appear before the judge.

  • Marginal note:Show cause orders

    (2) The judge shall, unless the financial agent or predecessor on his or her appearance shows cause why an order should not be issued, order in writing that the agent or predecessor

    • (a) do anything that the judge considers appropriate in order to remedy the failure; or

    • (b) be examined concerning any information that pertains to the failure.

  • 2014, c. 12, s. 86.
Marginal note:Recourse of contestant for fault of financial agent

 A nomination contestant may apply to a judge for an order that relieves the contestant from any liability or consequence under this or any other Act of Parliament in relation to an act or omission of the contestant’s financial agent, if the contestant establishes that

  • (a) it occurred without his or her knowledge or acquiescence; or

  • (b) he or she exercised all due diligence to avoid its occurrence.

The contestant shall notify the Chief Electoral Officer that the application has been made.

  • 2014, c. 12, s. 86.
Marginal note:Destruction of documents — judge
  •  (1) A nomination contestant or their financial agent may apply to a judge for an order relieving the financial agent from the obligation to provide a document referred to in subsection 476.75(1), (10), (11), (12) or (15). The applicant shall notify the Chief Electoral Officer that the application has been made.

  • Marginal note:Grounds

    (2) The judge may grant the order only if the judge is satisfied that the applicant cannot provide the documents because of their destruction by a superior force, including a flood, fire or other disaster.

  • Marginal note:Date of relief

    (3) For the purposes of this Act, the applicant is relieved from the obligation referred to in subsection (1) on the date of the order.

  • 2014, c. 12, s. 86.
Marginal note:Prohibition — false, misleading or incomplete document

 No nomination contestant and no financial agent of a nomination contestant shall provide the Chief Electoral Officer with a document referred to in subsection 476.75(1), (10), (11), (12) or (15) that

  • (a) the contestant or the financial agent, as the case may be, knows or ought reasonably to know contains a material statement that is false or misleading; or

  • (b) in the case of a document referred to in subsection 476.75(1), does not substantially set out the information required under subsection 476.75(2) and, in the case of a document referred to in subsection 476.75(10), (11), (12) or (15), does not substantially set out the information required under that subsection.

  • 2014, c. 12, s. 86.

Surplus of Nomination Campaign Funds

Marginal note:Surplus of nomination campaign funds

 The surplus amount of nomination campaign funds that a nomination contestant receives for a nomination contest is the amount by which the contributions accepted by the financial agent on behalf of the contestant and any other amounts received by the contestant for their nomination campaign that are not repayable are more than the contestant’s nomination campaign expenses paid under this Act and any transfers referred to in paragraph 364(5)(a).

  • 2014, c. 12, s. 86.
Marginal note:Notice of estimated surplus
  •  (1) If the Chief Electoral Officer estimates that a nomination contestant has a surplus of nomination campaign funds, the Chief Electoral Officer shall issue a notice of the estimated amount of the surplus to the contestant’s financial agent.

  • Marginal note:Disposal of surplus funds

    (2) The nomination contestant’s financial agent shall dispose of a surplus of nomination campaign funds within 60 days after the day on which they receive the notice of estimated surplus.

  • Marginal note:Disposal without notice

    (3) If a nomination contestant has a surplus of nomination campaign funds but their financial agent has not received a notice of estimated surplus, the financial agent shall dispose of the surplus within 60 days after the day on which the Chief Electoral Officer is provided with the contestant’s nomination campaign return.

  • 2014, c. 12, s. 86.
Marginal note:Method of disposal of surplus

 A nomination contestant’s financial agent shall dispose of surplus nomination campaign funds by transferring them to

  • (a) the official agent of the candidate endorsed by the registered party in the electoral district in which the nomination contest was held; or

  • (b) the registered association that held the nomination contest or the registered party for whose endorsement the contest was held.

  • 2014, c. 12, s. 86.
Marginal note:Notice of disposal of surplus
  •  (1) A nomination contestant’s financial agent shall, within seven days after disposing of the contestant’s surplus nomination campaign funds, give the Chief Electoral Officer a notice in the prescribed form of the amount and date of the disposal and to whom the surplus was transferred.

  • Marginal note:Publication

    (2) As soon as feasible after the disposal of a nomination contestant’s surplus nomination campaign funds, the Chief Electoral Officer shall publish the notice in any manner that he or she considers appropriate.

  • 2014, c. 12, s. 86.

Division 5Candidates

Subdivision aOfficial Agent and Auditor

Marginal note:Deeming

 For the purposes of Division 1 of this Part and this Division, except sections 477.89 to 477.95, a candidate is deemed to have been a candidate from the time they accept a provision of goods or services under section 364, accept a transfer of funds under that section, accept a contribution, borrow money under section 373 or incur an electoral campaign expense referred to in section 375.

  • 2000, c. 9, s. 477;
  • 2014, c. 12, s. 86.
Marginal note:Duty to appoint official agent
  •  (1) A candidate shall appoint an official agent before accepting a provision of goods or services under section 364, accepting a transfer of funds under that section, accepting a contribution, borrowing money under section 373 or incurring an electoral campaign expense referred to in section 375.

  • Marginal note:Appointment of auditor

    (2) A candidate shall appoint an auditor on appointing an official agent.

  • 2014, c. 12, s. 86.
Marginal note:Official agent — ineligibility

 The following persons are ineligible to be an official agent:

  • (a) an election officer or a member of the staff of a returning officer;

  • (b) a candidate;

  • (c) an auditor appointed as required by this Act;

  • (d) a person who is not an elector;

  • (e) an undischarged bankrupt; and

  • (f) a person who does not have full capacity to enter into contracts in the province in which they ordinarily reside.

  • 2014, c. 12, s. 86.
Marginal note:Auditor — eligibility
  •  (1) Only the following are eligible to be an auditor for a candidate:

    • (a) a person who is a member in good standing of a corporation, association or institute of professional accountants; or

    • (b) a partnership of which every partner is a member in good standing of a corporation, association or institute of professional accountants.

  • Marginal note:Auditor — ineligibility

    (2) The following persons are ineligible to be an auditor:

    • (a) an election officer or a member of the staff of a returning officer;

    • (b) the candidate or any other candidate;

    • (c) the official agent of the candidate or any other candidate;

    • (d) the chief agent of a registered party or an eligible party;

    • (e) a registered agent of a registered party;

    • (f) an electoral district agent of a registered association;

    • (g) a leadership contestant and their leadership campaign agent;

    • (h) a nomination contestant and their financial agent; and

    • (i) a financial agent of a registered third party.

  • 2014, c. 12, s. 86.
Marginal note:If partnership appointed as auditor

 Subject to sections 477.2 and 477.3, a person may be appointed as official agent or auditor for a candidate even if the person is a member of a partnership that has been appointed in accordance with this Act as an auditor for

  • (a) a candidate in an electoral district other than the electoral district of the candidate for whom the appointment is being made; or

  • (b) a registered party.

  • 2014, c. 12, s. 86.
Marginal note:Consent

 A candidate shall obtain from the official agent or auditor, on appointment, their signed consent to act in that capacity.

  • 2014, c. 12, s. 86.
Marginal note:Replacement of official agent or auditor

 In the event of the death, incapacity, resignation or ineligibility of an official agent or an auditor, or the revocation of the appointment of one, the candidate shall without delay appoint a replacement.

  • 2014, c. 12, s. 86.
Marginal note:Only one official agent and auditor

 A candidate shall have no more than one official agent and one auditor at a time.

  • 2014, c. 12, s. 86.
Marginal note:Prohibition — official agents
  •  (1) No person who is ineligible to be an official agent of a candidate shall act in that capacity.

  • Marginal note:Prohibition — auditor

    (2) No person who is ineligible to be an auditor of a candidate shall act in that capacity.

  • 2014, c. 12, s. 86.

Subdivision bFinancial Administration of Candidates

Powers, Duties and Functions of Official Agent

Marginal note:Duty of official agent

 A candidate’s official agent is responsible for administering the candidate’s financial transactions for their electoral campaign and for reporting on those transactions in accordance with this Act.

  • 2014, c. 12, s. 86.
Marginal note:Bank account
  •  (1) A candidate’s official agent shall open, for the sole purpose of the candidate’s electoral campaign, a separate bank account in a Canadian financial institution as defined in section 2 of the Bank Act, or in an authorized foreign bank as defined in that section that is not subject to the restrictions and requirements referred to in subsection 524(2) of that Act.

  • Marginal note:Account holder name

    (2) The account shall name the account holder as follows: “(name of official agent), official agent”.

  • Marginal note:Payments and receipts

    (3) All of a candidate’s financial transactions in relation to the candidate’s electoral campaign that involve the payment or receipt of money are to be paid from or deposited to the account.

  • Marginal note:Closure of bank account

    (4) After the election or the withdrawal or death of a candidate, the candidate’s official agent shall close the account once all unpaid claims and surplus electoral funds have been dealt with in accordance with this Act.

  • Marginal note:Final statement of bank account

    (5) The official agent shall, on closing the account, provide the Chief Electoral Officer with the final statement of the account.

  • 2014, c. 12, s. 86.
Marginal note:Prohibition — accepting contributions, borrowing
  •  (1) No person or entity, other than the candidate’s official agent, shall accept contributions to a candidate’s electoral campaign or borrow money on the candidate’s behalf under section 373.

  • Marginal note:Prohibition — issuing tax receipts

    (2) No person or entity, other than the candidate’s official agent, shall provide official receipts to contributors of monetary contributions to a candidate for the purpose of subsection 127(3) of the Income Tax Act.

  • Marginal note:Prohibition — accepting or providing goods, services or funds

    (3) No person or entity, other than the candidate’s official agent, shall, on behalf of a candidate,

    • (a) accept a provision of goods or services, or a transfer of funds, if the provision or transfer is permitted under section 364; or

    • (b) provide goods or services, or transfer funds, if the provision or transfer is permitted under that section.

  • Marginal note:Prohibition — paying electoral expenses

    (4) No person or entity, other than the candidate’s official agent, shall pay expenses in relation to a candidate’s electoral campaign except for petty expenses referred to in section 381 and the candidate’s personal expenses.

  • Marginal note:Prohibition — incurring electoral expenses

    (5) No person or entity, other than a candidate, their official agent or a person authorized under paragraph 477.55(c) to enter into contracts, shall incur expenses in relation to the candidate’s electoral campaign.

  • Marginal note:Prohibition — paying candidate’s personal expenses

    (6) No person or entity, other than a candidate or their official agent, shall pay the candidate’s personal expenses.

  • Marginal note:Exception

    (7) Subsection (4) or (5), as the case may be, does not apply to a registered agent of a registered party who pays or incurs expenses in relation to the electoral campaign of the leader of the registered party.

  • 2014, c. 12, s. 86.

Expense Limit for Notices of Nomination Meetings

Marginal note:Limit
  •  (1) The amount that may be spent on providing notice of meetings that are to be held during an election period for the principal purpose of nominating a candidate for an election in an electoral district shall not be more than 1% of the maximum election expenses

    • (a) that were allowed for a candidate in that electoral district during the immediately preceding general election, if the boundaries for the electoral district have not changed since then; or

    • (b) that the Chief Electoral Officer determines, in any other case.

  • Marginal note:Prohibition on official agents, candidates and authorized persons

    (2) No candidate, official agent of a candidate or person who is authorized under paragraph 477.55(c) to enter into contracts shall incur or cause to be incurred total expenses on account of notices referred to in subsection (1) in an amount that is more than the amount determined under that subsection.

  • 2014, c. 12, s. 86.

Election Expenses Limit

Marginal note:Maximum election expenses allowed
  •  (1) The election expenses limit that is allowed for a candidate’s election expenses in an electoral district is the product of the base amount for an electoral district determined under section 477.5 and the inflation adjustment factor referred to in section 384 on the day on which the writ is issued.

  • Marginal note:Election period longer than 37 days

    (2) If an election period is longer than 37 days, then the election expenses limit calculated under subsection (1) is increased by adding to it the product of

    • (a) one thirty-seventh of the election expenses limit calculated under subsection (1), and

    • (b) the number of days in the election period minus 37.

  • 2014, c. 12, s. 86.
Marginal note:Base amount of candidate’s election expenses
  •  (1) The base amount of a candidate’s election expenses in an electoral district is the higher of

    • (a) the amount calculated, on the basis of the preliminary lists of electors for the electoral district, in accordance with subsections (3) to (6), and

    • (b) the amount calculated, on the basis of the revised lists of electors for the electoral district, in accordance with subsections (7) to (10).

  • Marginal note:Death of candidate of registered party

    (2) If a candidate for an electoral district whose nomination was endorsed by a registered party dies within the period beginning at 2:00 p.m. on the fifth day before the closing day for nominations and ending on polling day, the base amount for that electoral district is increased by 50%.

  • Marginal note:Calculation using preliminary lists of electors

    (3) The amount referred to in paragraph (1)(a) is the aggregate of the following amounts, based on the number of the electors on the preliminary lists of electors:

    • (a) $2.1735 for each of the first 15,000 electors,

    • (b) $1.092 for each of the next 10,000 electors, and

    • (c) $0.546 for each of the remaining electors.

  • Marginal note:Fewer electors than average — general election

    (4) If the number of electors on the preliminary lists of electors for the electoral district is less than the average number of electors on all preliminary lists of electors in a general election, then, in making a calculation under subsection (3), the number of electors is deemed to be halfway between the number on the preliminary lists of electors for the electoral district and that average number.

  • Marginal note:Fewer electors than average — by-election

    (5) In the case of a by-election, if the number of electors on the preliminary lists of electors for the electoral district is less than the average number of electors on all revised lists of electors in the immediately preceding general election, then, in making a calculation under subsection (3), the number of electors is deemed to be halfway between the number on the preliminary lists of electors for the electoral district and that average number.

  • Marginal note:Districts with lower population density

    (6) If the number of electors per square kilometre, calculated on the basis of the preliminary lists of electors for the electoral district, is less than 10, the amount calculated under subsection (3) is increased by the lesser of $0.31 per square kilometre and 25% of the amount calculated under subsection (3).

  • Marginal note:Calculation using revised list of electors

    (7) The amount referred to in paragraph (1)(b) is the aggregate of the following amounts, based on the number of the electors on the revised lists of electors:

    • (a) $2.1735 for each of the first 15,000 electors,

    • (b) $1.092 for each of the next 10,000 electors, and

    • (c) $0.546 for each of the remaining electors.

  • Marginal note:Fewer electors than average — general election

    (8) If the number of electors on the revised lists of electors for the electoral district is less than the average number of electors on all revised lists of electors in a general election, then, in making a calculation under subsection (7), the number of electors is deemed to be halfway between the number on the revised lists of electors for the electoral district and that average number.

  • Marginal note:Fewer electors than average — by-election

    (9) In the case of a by-election, if the number of electors on the revised lists of electors for the electoral district is less than the average number of electors on all revised lists of electors in the immediately preceding general election, then, in making a calculation under subsection (7), the number of electors is deemed to be halfway between the number on the revised lists of electors for the electoral district and that average number.

  • Marginal note:Districts with lower population density

    (10) If the number of electors per square kilometre, calculated on the basis of the revised lists of electors for the electoral district, is less than 10, the amount calculated under subsection (7) is increased by the lesser of $0.31 per square kilometre and 25% of the amount calculated under subsection (7).

  • 2014, c. 12, s. 86.
Marginal note:Estimated expenses
  •  (1) On November 15 in each year, the Chief Electoral Officer shall calculate the election expenses limit referred to in section 477.49 for each electoral district, based on the lists of electors in the Register of Electors, as if an election were to be held on that date.

  • Marginal note:Availability of estimates

    (2) The election expenses limit for an electoral district shall be sent

    • (a) to any person on request; and

    • (b) to the member of the House of Commons who represents the electoral district and each registered party that endorsed a candidate in the electoral district in the last election.

  • Marginal note:Maximum amount not guaranteed

    (3) The election expenses limit calculated under subsection (1) is an estimate and, as such, may be increased or decreased for an electoral district in the subsequent election period.

  • Marginal note:Exception

    (4) This section does not apply if November 15 falls during an election period or if the vote at a general election was held during the six months before that date.

  • 2014, c. 12, s. 86.
Marginal note:Prohibition — expenses more than maximum
  •  (1) No candidate, official agent of a candidate or person who is authorized under paragraph 477.55(c) to enter into contracts shall incur total election expenses in an amount that is more than the election expenses limit calculated under section 477.49.

  • Marginal note:Prohibition — collusion

    (2) No candidate, official agent of a candidate, person who is authorized under paragraph 477.55(c) to enter into contracts or third party, as defined in section 349, shall act in collusion with each other for the purpose of circumventing the election expenses limit calculated under section 477.49.

  • 2014, c. 12, s. 86.

Recovery of Claims for Debts

Marginal note:Claim for payment

 A person who has a claim to be paid for an electoral campaign expense shall send the invoice or other document evidencing the claim to the candidate’s official agent or, if there is no official agent, to the candidate.

  • 2014, c. 12, s. 86.
Marginal note:Payment within three years
  •  (1) If a claim for an electoral campaign expense is evidenced by an invoice or other document that has been sent under section 477.53, or if a claim for repayment of a loan is made to the candidate under section 373, the claim shall be paid within three years after polling day.

  • Marginal note:Prohibition — payment without authorization

    (2) No candidate and no official agent of a candidate shall pay a claim referred to in subsection (1) after the end of the three-year period referred to in that subsection unless authorized to do so under section 477.56 or 477.57, or ordered to do so as a result of proceedings commenced under section 477.58.

  • 2014, c. 12, s. 86.
Marginal note:Unenforceable contracts

 A contract in relation to an electoral campaign is not enforceable against the candidate unless it was entered into by

  • (a) the candidate personally;

  • (b) the candidate’s official agent; or

  • (c) a person whom the official agent may, in writing, have authorized to enter into the contract.

  • 2014, c. 12, s. 86.
Marginal note:Irregular claims or payments — Chief Electoral Officer
  •  (1) On the written application of a person who has a claim to be paid for an electoral campaign expense or to be paid for a loan made to the candidate under section 373, or on the written application of the candidate’s official agent or the candidate, the Chief Electoral Officer may, on being satisfied that there are reasonable grounds for so doing, in writing authorize the candidate’s official agent to pay the amount claimed if the payment of the expense or the repayment of the loan was not made within the three-year period referred to in subsection 477.54(1).

  • Marginal note:Conditions

    (2) The Chief Electoral Officer may impose any term or condition that he or she considers appropriate on a payment authorized under subsection (1).

  • 2014, c. 12, s. 86.
Marginal note:Irregular claims or payments — judge

 On the application of a person who has a claim to be paid for a candidate’s electoral campaign expense or to be paid for a loan made to the candidate under section 373, or on the application of the candidate’s official agent or the candidate, a judge may, on being satisfied that there are reasonable grounds for so doing, by order authorize the candidate’s official agent to pay the amount claimed if

  • (a) the applicant establishes that an authorization under subsection 477.56(1) has been refused and that the payment has not been made within the three-year period referred to in subsection 477.54(1); or

  • (b) the amount claimed has not been paid in accordance with an authorization obtained under subsection 477.56(1) and the applicant establishes their inability to comply with the authorization for reasons beyond their control.

The applicant shall notify the Chief Electoral Officer that the application has been made.

  • 2014, c. 12, s. 86.
Marginal note:Proceedings to recover payment

 A person who has sent an invoice or other document evidencing a claim under section 477.53, or has a claim for repayment of a loan made to a candidate under section 373, may commence proceedings in a court of competent jurisdiction to recover any unpaid amount

  • (a) at any time, if the candidate or their official agent refuses to pay that amount or disputes that it is payable; or

  • (b) after the end of the period mentioned in subsection 477.54(1) or any extension of that period authorized under subsection 477.56(1) or section 477.57, in any other case.

The candidate shall notify the Chief Electoral Officer that the proceedings have been commenced.

  • 2014, c. 12, s. 86.

Electoral Campaign Return

Marginal note:Electoral campaign return
  •  (1) A candidate’s official agent shall provide the Chief Electoral Officer with the following in respect of an election:

    • (a) an electoral campaign return, in the prescribed form, on the financing and expenses for the candidate’s electoral campaign;

    • (b) the auditor’s report on the return under section 477.62;

    • (c) a declaration in the prescribed form by the official agent that the return is complete and accurate; and

    • (d) a declaration in the prescribed form by the candidate that the return is complete and accurate.

  • Marginal note:Contents of return

    (2) The electoral campaign return shall set out

    • (a) a statement of election expenses, including a statement of election expenses incurred for voter contact calling services as defined in section 348.01, provided by a calling service provider as defined in that section, that indicates the name of that provider and the amount of those expenses;

    • (b) a statement of electoral campaign expenses, other than election expenses, including a statement of electoral campaign expenses incurred for voter contact calling services as defined in section 348.01, provided by a calling service provider as defined in that section, that indicates the name of that provider and the amount of those expenses;

    • (c) a statement of claims that are the subject of proceedings under section 477.58;

    • (d) a statement of unpaid claims, including those resulting from loans made to the candidate under section 373;

    • (e) a statement of the terms and conditions of each loan made to the candidate under section 373, including the amount of the loan, the interest rate, the lender’s name and address, the dates and amounts of repayments of principal and payments of interest, the unpaid principal remaining at the end of each calendar year and, if there is a guarantor, the guarantor’s name and address and the amount guaranteed;

    • (f) the total amount of contributions received by the candidate;

    • (g) the number of contributors;

    • (h) the name and address of each contributor who made contributions of a total amount of more than $200 to the candidate, that total amount, as well as the amount of each of those contributions and the date on which the candidate received it;

    • (i) a statement of the commercial value of goods or services provided and of funds transferred by the candidate to a registered party, to a registered association or to themselves in their capacity as a nomination contestant;

    • (j) a statement of the commercial value of goods or services provided and of funds transferred to the candidate from a registered party, a registered association or a nomination contestant; and

    • (k) a statement of contributions received but returned in whole or in part to the contributors or otherwise dealt with in accordance with this Act.

  • Marginal note:Supporting documents

    (3) Together with the electoral campaign return, the official agent of a candidate shall provide the Chief Electoral Officer with documents evidencing expenses set out in the return, including bank statements, deposit slips, cancelled cheques and the candidate’s written statement concerning personal expenses referred to in subsection 477.64(1).

  • Marginal note:Additional supporting documents

    (4) If the Chief Electoral Officer is of the opinion that the documents provided under subsection (3) are not sufficient, he or she may require the official agent to provide by a specified date any additional documents that are necessary to comply with that subsection.

  • Marginal note:Report

    (5) If there is any amendment to the information in a statement referred to in paragraph (2)(e), including with respect to the giving of a guarantee or suretyship in respect of the loan, then the candidate’s official agent shall without delay provide the Chief Electoral Officer with a report on the amendment in the prescribed form.

  • Marginal note:Publication

    (6) The Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish the information in a statement made under paragraph (2)(e) and any report provided under subsection (5) as soon as feasible after receiving the information or report.

  • Marginal note:Period for providing documents

    (7) The documents referred to in subsection (1) shall be provided to the Chief Electoral Officer within four months after polling day.

  • Marginal note:Declaration of candidate

    (8) A candidate shall, within four months after polling day, send their official agent the declaration referred to in paragraph (1)(d).

  • Marginal note:Death of candidate

    (9) If a candidate dies without having sent the declaration within the period referred to in subsection (8),

    • (a) they are deemed to have sent the declaration in accordance with that subsection;

    • (b) the official agent is deemed to have provided the declaration to the Chief Electoral Officer in accordance with subsection (1); and

    • (c) the Chief Electoral Officer is deemed to have received the declaration for the purposes of sections 477.73, 477.75 and 477.76.

  • Marginal note:Payment of unpaid claims

    (10) If a claim — including one resulting from a loan — is paid in full after the return under paragraph (1)(a) is provided to the Chief Electoral Officer, the candidate’s official agent shall provide him or her with a report in the prescribed form on the payment of the claim within 30 days after the day on which the payment is made, including information indicating the source of the funds used to pay the claim.

  • Marginal note:First update

    (11) The candidate’s official agent shall provide the Chief Electoral Officer with an updated version of the statement of unpaid claims referred to in paragraph (2)(d), as of the day that is 18 months after polling day, within the period that begins 18 months after polling day and ends 19 months after polling day. The updated version shall include the following information concerning the unpaid amount of a claim, including one resulting from a loan:

    • (a) whether any part of the unpaid amount is disputed and, if so, what steps the parties have taken to resolve the dispute;

    • (b) whether the claim is the subject of proceedings under section 477.58;

    • (c) whether the unpaid amount of a loan is the subject of proceedings to secure its payment, or of a dispute as to the amount that was to be paid or the amount that remains unpaid;

    • (d) whether the parties have agreed on a repayment schedule and, if so, whether repayments are being made according to the schedule;

    • (e) whether the unpaid amount has been written off by the creditor as an uncollectable debt in accordance with the creditor’s normal accounting practices; and

    • (f) any other relevant information that could help explain why the amount is unpaid.

  • Marginal note:Second update

    (12) The candidate’s official agent shall provide the Chief Electoral Officer with an updated version of the statement of unpaid claims referred to in paragraph (2)(d), as of the day that is 36 months after polling day, within the period that begins 36 months after polling day and ends 37 months after polling day. The updated version shall include the information referred to in paragraphs (11)(a) to (f).

  • Marginal note:Supporting documents

    (13) Together with the updated versions of the statement of unpaid claims referred to in subsections (11) and (12), the candidate’s official agent shall provide the Chief Electoral Officer with documents evidencing the matters referred to in paragraphs (11)(a) to (f), including, if paragraph (11)(d) applies, a copy of the repayment schedule.

  • Marginal note:Additional supporting documents

    (14) If the Chief Electoral Officer is of the opinion that the documents provided under subsection (13) are not sufficient, he or she may require the official agent to provide by a specified date any additional documents that are necessary to comply with that subsection.

  • Marginal note:Irregular claims and payments

    (15) The candidate’s official agent shall provide the Chief Electoral Officer with a report in the prescribed form on the payment of a claim that was subject to an authorization to pay under section 477.56 or 477.57 or an order to pay resulting from proceedings commenced under section 477.58. The official agent shall provide the report within 30 days after the day on which the payment is made and shall include in it information indicating the source of the funds used to pay the claim.

  • 2014, c. 12, s. 86.
Marginal note:Uncollectable debts
  •  (1) If the updated version of the statement of unpaid claims provided under subsection 477.59(11) or (12) indicates that an unpaid amount of a loan has been written off by the lender as an uncollectable debt in accordance with the lender’s normal accounting practices, and the candidate is the candidate of a registered party, then the Chief Electoral Officer shall without delay inform the lender, the registered party and, if the registered party has a registered association in the candidate’s electoral district, the registered association.

  • Marginal note:Representations

    (2) The Chief Electoral Officer shall give the lender, the registered party and the registered association the opportunity to make representations to him or her.

  • Marginal note:Chief Electoral Officer’s determination

    (3) The Chief Electoral Officer shall, without delay after receiving the representations, determine whether the unpaid amount has been written off by the lender as an uncollectable debt in accordance with the lender’s normal accounting practices. He or she shall then inform the lender, the candidate, the registered party and the registered association of his or her determination.

  • Marginal note:Registered association or party liable

    (4) If the Chief Electoral Officer determines that the unpaid amount has been written off by the lender as an uncollectable debt in accordance with the lender’s normal accounting practices, then the registered association or, if there is no registered association, the registered party becomes liable for the unpaid amount as if the association or party, as the case may be, had guaranteed the loan.

  • 2014, c. 12, s. 86.
Marginal note:When contributions forwarded to Receiver General

 If the name of the contributor of a contribution of more than $20 to a candidate, or the name or the address of a contributor who has made contributions of a total amount of more than $200 to a candidate, is not known, the candidate’s official agent shall, without delay, pay an amount of money equal to the value of the contribution to the Chief Electoral Officer, who shall forward it to the Receiver General.

  • 2014, c. 12, s. 86.
Marginal note:Auditor’s report
  •  (1) As soon as feasible after polling day, a candidate’s auditor shall report to the candidate’s official agent on the electoral campaign return and shall, in accordance with generally accepted auditing standards, make any examination that will enable the auditor to give an opinion in the report as to whether the return presents fairly the information contained in the financial records on which it is based.

  • Marginal note:Checklist

    (2) The auditor’s report shall include a completed checklist for audits in the prescribed form.

  • Marginal note:Statement

    (3) The auditor shall include in the report any statement that the auditor considers necessary if

    • (a) the return does not present fairly the information contained in the financial records on which it is based;

    • (b) the auditor has not received all the information and explanations that the auditor required; or

    • (c) based on the examination, it appears that the official agent has not kept proper financial records.

  • Marginal note:Right of access

    (4) The auditor shall have access at any reasonable time to all of the candidate’s documents, and may require the candidate and their official agent to provide any information or explanation that, in the auditor’s opinion, may be necessary to enable the auditor to prepare the report.

  • Marginal note:Ineligible to prepare report

    (5) No person referred to in subsection 477.3(2) who is a partner or an associate of a candidate’s auditor or who is an employee of that auditor, or of the firm in which that auditor is a partner or associate, shall participate, other than in the manner referred to in subsection (4), in the preparation of the auditor’s report.

  • 2014, c. 12, s. 86.
Marginal note:Candidates outside Canada
  •  (1) Despite subsection 477.59(7), a candidate who is outside Canada when the documents referred to in paragraphs 477.59(1)(a) to (c) are provided to the Chief Electoral Officer need not send their official agent the declaration referred to in paragraph 477.59(1)(d) within the period referred to in subsection 477.59(7), but if the candidate does not send it to their official agent within that period then the candidate shall provide the Chief Electoral Officer with the declaration no later than 14 days after the day on which they return to Canada.

  • Marginal note:Official agent relieved of obligation

    (2) Despite subsection 477.59(1), the official agent need not provide the Chief Electoral Officer with the candidate’s declaration referred to in paragraph 477.59(1)(d) if, in the circumstances set out in subsection (1), the candidate has not sent it to the official agent.

  • 2014, c. 12, s. 86.
Marginal note:Statement of personal expenses
  •  (1) A candidate shall, within three months after polling day, send their official agent a written statement in the prescribed form that

    • (a) sets out the amount of any personal expenses that the candidate paid and details of those personal expenses, including documentation of their payment; or

    • (b) declares that the candidate did not pay for any personal expenses.

  • Marginal note:Death of candidate

    (2) Subsection (1) does not apply to a candidate who dies before the end of the three-month period referred to in that subsection without having sent the written statement.

  • 2014, c. 12, s. 86.

Corrections, Revisions and Extended Reporting Periods

Marginal note:Minor corrections — Chief Electoral Officer
  •  (1) The Chief Electoral Officer may correct a document referred to in subsection 477.59(1), (10), (11), (12) or (15) if the correction does not materially affect its substance.

  • Marginal note:Corrections or revisions at request of Chief Electoral Officer

    (2) The Chief Electoral Officer may in writing request a candidate’s official agent to correct or revise, within a specified period, a document referred to in subsection 477.59(1), (10), (11), (12) or (15).

  • Marginal note:Deadline for correction or revision

    (3) If the Chief Electoral Officer requests a correction or revision, the candidate’s official agent shall provide him or her with the corrected or revised version of the document within the specified period.

  • 2014, c. 12, s. 86.
Marginal note:Extensions — Chief Electoral Officer
  •  (1) The Chief Electoral Officer, on the written application of a candidate or their official agent, shall authorize the extension of a period referred to in subsection 477.59(7), (10), (11), (12) or (15), unless he or she is satisfied that the official agent’s failure to provide the required documents was deliberate or was the result of their failure to exercise due diligence.

  • Marginal note:Deadline

    (2) The application may be made within the period referred to in subsection 477.59(7), (10), (11), (12) or (15) or within two weeks after the end of that period.

  • 2014, c. 12, s. 86.
Marginal note:Corrections or revisions — Chief Electoral Officer
  •  (1) The Chief Electoral Officer, on the written application of a candidate or their official agent, shall authorize the correction or revision of a document referred to in subsection 477.59(1), (10), (11), (12) or (15) if he or she is satisfied by the evidence submitted by the applicant that the correction or revision is necessary in order for the requirements of this Act to be complied with.

  • Marginal note:Application made without delay

    (2) The application shall be made immediately after the applicant becomes aware of the need for correction or revision.

  • Marginal note:Deadline for correction or revision

    (3) The applicant shall provide the Chief Electoral Officer with the corrected or revised version of the document within 30 days after the day on which the correction or revision is authorized or within any extension of that period authorized under subsection (4) or (5).

  • Marginal note:New deadline

    (4) The Chief Electoral Officer, on the written application of the applicant made within two weeks after the end of the 30-day period referred to in subsection (3), shall authorize the extension of that period, unless he or she is satisfied that the applicant’s failure to provide the corrected or revised version of the document was deliberate or was the result of the applicant’s failure to exercise due diligence.

  • Marginal note:Extension of new deadline

    (5) The Chief Electoral Officer, on the written application of the applicant made within two weeks after the end of an extension authorized under subsection (4) or this subsection, shall authorize the further extension of that period, unless he or she is satisfied that the applicant’s failure to provide the corrected or revised version of the document was deliberate or was the result of the applicant’s failure to exercise due diligence.

  • 2014, c. 12, s. 86.
Marginal note:Extensions, corrections or revisions — judge
  •  (1) A candidate or their official agent may apply to a judge for an order

    • (a) relieving the official agent from the obligation to comply with a request referred to in subsection 477.65(2);

    • (b) authorizing an extension referred to in subsection 477.66(1); or

    • (c) authorizing a correction or revision referred to in subsection 477.67(1).

    The applicant shall notify the Chief Electoral Officer that the application has been made.

  • Marginal note:Deadline

    (2) The application may be made

    • (a) under paragraph (1)(a), within the specified period referred to in subsection 477.65(2) or within the two weeks after the end of that period;

    • (b) under paragraph (1)(b), within two weeks after, as the case may be,

      • (i) if an application for an extension is not made to the Chief Electoral Officer within the period referred to in subsection 477.66(2), the end of the two-week period referred to in that subsection,

      • (ii) the rejection of an application for an extension made in accordance with section 477.66, or

      • (iii) the end of the extended period referred to in subsection 477.66(1); or

    • (c) under paragraph (1)(c), within two weeks after the rejection of an application for a correction or revision made in accordance with section 477.67.

  • Marginal note:Grounds — relief from compliance

    (3) The judge shall grant an order relieving the official agent from the obligation to comply with a request referred to in subsection 477.65(2) if the judge is satisfied by the evidence submitted by the applicant that the correction or revision is not necessary in order for the requirements of this Act to be complied with.

  • Marginal note:Grounds — extension

    (4) The judge shall grant an order authorizing an extension unless the judge is satisfied that the official agent’s failure to provide the required documents was deliberate or was the result of their failure to exercise due diligence.

  • Marginal note:Grounds — corrections or revisions

    (5) The judge shall grant an order authorizing a correction or revision if the judge is satisfied by the evidence submitted by the applicant that the correction or revision is necessary in order for the requirements of this Act to be complied with.

  • Marginal note:Contents of order

    (6) The order may require that the applicant satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.

  • Marginal note:Procedure

    (7) If an application is made under paragraph (1)(a) in respect of a candidate who is a Member of the House of Commons at the time the application is made, the judge shall hear the application without delay and in a summary manner, and a court of appeal shall hear any appeal arising from the application without delay and in a summary manner.

  • 2014, c. 12, s. 86.
Marginal note:Appearance of official agent before judge
  •  (1) A judge dealing with an application under section 477.68 or 477.7 who is satisfied that a candidate or an official agent has not provided the documents referred to in subsection 477.59(1), (10), (11), (12) or (15) in accordance with this Act because of a failure of the official agent or a predecessor of the official agent shall, by order served personally, require the official agent or that predecessor to appear before the judge.

  • Marginal note:Show cause orders

    (2) The judge shall, unless the official agent or predecessor on his or her appearance shows cause why an order should not be issued, order that the agent or predecessor

    • (a) do anything that the judge considers appropriate in order to remedy the failure; or

    • (b) be examined concerning any information that pertains to the failure.

  • 2014, c. 12, s. 86.
Marginal note:Recourse of candidate for fault of official agent

 A candidate may apply to a judge for an order that relieves the candidate from any liability or consequence under this or any other Act of Parliament in relation to an act or omission of the candidate’s official agent, if the candidate establishes that

  • (a) it occurred without the candidate’s knowledge or acquiescence; or

  • (b) the candidate exercised all due diligence to avoid its occurrence.

The candidate shall notify the Chief Electoral Officer that the application has been made.

  • 2014, c. 12, s. 86.
Marginal note:Destruction of documents — judge
  •  (1) A candidate or their official agent may apply to a judge for an order relieving the official agent from the obligation to provide a document referred to in subsection 477.59(1), (10), (11), (12) or (15). The applicant shall notify the Chief Electoral Officer that the application has been made.

  • Marginal note:Grounds

    (2) The judge may grant the order only if the judge is satisfied that the applicant cannot provide the documents because of their destruction by a superior force, including a flood, fire or other disaster.

  • Marginal note:Date of relief

    (3) For the purposes of this Act, the applicant is relieved from the obligation referred to in subsection (1) on the date of the order.

  • 2014, c. 12, s. 86.
Marginal note:Prohibition — false, misleading or incomplete document
  •  (1) No candidate and no official agent of a candidate shall provide the Chief Electoral Officer with a document referred to in subsection 477.59(1), (10), (11), (12) or (15) that

    • (a) the candidate or the official agent, as the case may be, knows or ought reasonably to know contains a material statement that is false or misleading; or

    • (b) in the case of a document referred to in subsection 477.59(1), does not substantially set out the information required under subsection 477.59(2) and, in the case of a document referred to in subsection 477.59(10), (11), (12) or (15), does not substantially set out the information required under that subsection.

  • Marginal note:Membership in House of Commons suspended

    (2) If the Chief Electoral Officer determines, with respect to an elected candidate, that a document that was required to be provided under subsection 477.59(1), (10), (11), (12) or (15) was not provided within the period for providing it or within any extension to that period authorized under subsection 477.66(1) or paragraph 477.68(1)(b), or that a correction or revision was not made as authorized by subsection 477.67(1) within the period provided in subsection 477.67(3), then the Chief Electoral Officer shall so inform the Speaker of the House of Commons and the candidate is not entitled to continue to sit or vote as a member of the House of Commons until the document, correction or revision is provided or made, as the case may be.

  • Marginal note:Membership in House of Commons suspended

    (3) If the Chief Electoral Officer determines, with respect to an elected candidate, that a correction or revision that was requested to be made under subsection 477.65(2) was not made within the period specified, then, until the correction or revision is made, the candidate is not entitled to continue to sit or vote as a member of the House of Commons as of

    • (a) the end of the two weeks referred to in paragraph 477.68(2)(a), if the candidate or their official agent does not apply to a judge for an order under paragraph 477.68(1)(a); or

    • (b) if the candidate or their official agent applies to a judge for an order under paragraph 477.68(1)(a), the day on which the application is finally disposed of so as to deny it.

  • Marginal note:Speaker informed

    (4) As soon as an elected candidate is not entitled to continue to sit or vote as a member of the House of Commons under subsection (3), the Chief Electoral Officer shall so inform the Speaker of the House of Commons.

  • 2014, c. 12, s. 86.

Reimbursement of Election Expenses and Personal Expenses

Marginal note:Reimbursement — first instalment
  •  (1) Without delay after receipt of a return of the writ for an electoral district, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out

    • (a) the name of the elected candidate, if any;

    • (b) the name of any candidate who received 10% or more of the number of valid votes cast; and

    • (c) the amount that is 15% of the election expenses limit calculated under section 477.49.

  • Marginal note:Payment of partial reimbursement

    (2) On receipt of the certificate, the Receiver General shall pay the amount set out in it out of the Consolidated Revenue Fund to the official agent of any candidate named in the certificate as partial reimbursement for the candidate’s election expenses and personal expenses. The payment may be made to the person designated by the official agent.

  • Marginal note:Return of excess payment

    (3) A candidate’s official agent shall without delay return to the Receiver General any amount received under subsection (2) that is more than 60% of the total of

    • (a) the candidate’s personal expenses that the candidate has paid, and

    • (b) the candidate’s election expenses, as set out in the candidate’s electoral campaign return.

  • 2014, c. 12, s. 86.
Marginal note:Reimbursement — final instalment
  •  (1) On receipt of the documents referred to in subsection 477.59(1), or a corrected or revised version of any of those documents, in respect of a candidate named in a certificate, the Chief Electoral Officer shall provide the Receiver General with a certificate that

    • (a) states that the Chief Electoral Officer is satisfied that the candidate and their official agent have complied with the requirements of subsection 477.56(2) and sections 477.59 to 477.71;

    • (b) states that the auditor’s report does not include a statement referred to in subsection 477.62(3);

    • (c) states that the candidate has incurred more than 30% of the election expenses limit calculated under section 477.49; and

    • (d) sets out the amount of the final instalment of the candidate’s election expenses and personal expenses reimbursement, calculated under subsection (2).

  • Marginal note:Calculation of reimbursement

    (2) The amount referred to in paragraph (1)(d) is the lesser of

    • (a) 60% of the sum of the candidate’s paid election expenses and paid personal expenses, as set out in their electoral campaign return, less the partial reimbursement made under section 477.73, and

    • (b) 60% of the election expenses limit calculated under section 477.49, less the partial reimbursement made under section 477.73.

  • Marginal note:Reduction of reimbursement

    (3) If a candidate’s election expenses, as set out in their electoral campaign return, exceed the election expenses limit calculated under section 477.49, the amount that is provided for in subsection (2) is reduced as follows:

    • (a) by one dollar for every dollar that exceeds the limit by less than 5%;

    • (b) by two dollars for every dollar that exceeds the limit by 5% or more but by less than 10%;

    • (c) by three dollars for every dollar that exceeds the limit by 10% or more but by less than 12.5%; and

    • (d) by four dollars for every dollar that exceeds the limit by 12.5% or more.

  • Marginal note:Payment of final instalment

    (4) On receipt of the certificate, the Receiver General shall pay, out of the Consolidated Revenue Fund, the amount set out in it to the candidate’s official agent. The payment may be made to the person designated by the official agent.

  • Marginal note:Reimbursement

    (5) If the amount that is provided for in subsection (2) is a negative amount after being reduced under subsection (3), the candidate’s official agent shall without delay return to the Receiver General that amount — expressed as a positive number — up to the amount of the partial reimbursement received by the official agent under section 477.73.

  • 2014, c. 12, s. 86.
Marginal note:Audit fee

 On receipt of the documents referred to in subsection 477.59(1), including the auditor’s report, and a copy of the auditor’s invoice for the auditor’s report, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the greater of

  • (a) the amount of the expenses incurred for the audit, up to a maximum of the lesser of 3% of the candidate’s election expenses and $1,500, and

  • (b) $250.

  • 2014, c. 12, s. 86.
Marginal note:Payment

 On receipt of the certificate, the Receiver General shall pay the amount set out in it to the auditor out of the Consolidated Revenue Fund.

  • 2014, c. 12, s. 86.
Marginal note:Return of deposit
  •  (1) The Chief Electoral Officer shall provide the Receiver General with a certificate that lists the names of

    • (a) each candidate, including one who has withdrawn under subsection 74(1), whose official agent the Chief Electoral Officer is satisfied has provided the documents under section 477.59 and returned any unused forms referred to in section 477.86, in accordance with subsection 477.88(2); and

    • (b) any candidate who has died before the closing of all the polling stations.

  • Marginal note:Payment

    (2) On receipt of the certificate, the Receiver General shall pay out of the Consolidated Revenue Fund the amount of each listed candidate’s nomination deposit to their official agent. The payment may be made to the person designated by the official agent.

  • Marginal note:No official agent acting at candidate’s death

    (3) If there is no official agent in the case described in paragraph (1)(b), the Chief Electoral Officer may return the nomination deposit to any person that he or she considers appropriate.

  • Marginal note:Forfeit to Her Majesty

    (4) Any nomination deposit that is not returned under this section is forfeited to Her Majesty in right of Canada.

  • 2014, c. 12, s. 86.
Marginal note:Death of candidate

 If a candidate who was endorsed by a registered party dies within the period beginning at 2:00 p.m. on the fifth day before the closing day for nominations and ending on polling day,

  • (a) they are deemed for the purpose of section 477.73 to receive 10% of the valid votes cast in the electoral district in which they were a candidate; and

  • (b) in the certificate referred to in subsection 477.73(1) the Chief Electoral Officer shall set out, for the other candidates in that electoral district, the amount that is 22.5% of the election expenses limit calculated under section 477.49.

  • 2014, c. 12, s. 86.
Marginal note:Withdrawal of writ

 Division 1 of this Part and this Division apply to electoral campaign expenses of candidates in an electoral district in which a writ is withdrawn under subsection 59(1) or deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act, except that in such a case

  • (a) the election is deemed to have been held on a polling day that is the day of publication of the notice of withdrawal in the Canada Gazette under subsection 59(2) or section 551; and

  • (b) each candidate is deemed to have received 10% of the number of the votes that would have been validly cast at that deemed election.

  • 2014, c. 12, s. 86.

Surplus of Electoral Funds

Marginal note:Surplus of electoral funds
  •  (1) The surplus amount of electoral funds that a candidate receives for an election is the amount by which the candidate’s electoral revenues referred to in subsection (3) are more than the total of the candidate’s electoral campaign expenses paid by their official agent and the transfers referred to in subsection (4).

  • Marginal note:Transfer or sale of capital assets

    (2) Before the surplus amount of electoral funds is disposed of in accordance with sections 477.81 and 477.82, a candidate shall either transfer any capital assets whose acquisition constitutes an electoral campaign expense within the meaning of section 375 to the registered party that has endorsed the candidate — or to the registered association of that party — or sell them at their fair market value.

  • Marginal note:Electoral revenues

    (3) The electoral revenues of a candidate include any amount that represents

    • (a) a monetary contribution made to the candidate;

    • (b) an election expense or personal expense for which the candidate was reimbursed under this Act;

    • (c) the candidate’s nomination deposit for which they were reimbursed;

    • (d) the resale value of the capital assets referred to in subsection (2); and

    • (e) any other amount that was received by the candidate for their electoral campaign and that is not repayable.

  • Marginal note:Transfers

    (4) A transfer made by a candidate is a transfer of

    • (a) any funds that the candidate transfers, during the election period, to a registered party or a registered association;

    • (b) any amount of a reimbursement referred to in paragraphs (3)(b) and (c) that the candidate transfers to that registered party; and

    • (c) any funds transferred by the candidate under paragraph 364(3)(d).

  • 2014, c. 12, s. 86.
Marginal note:Notice of estimated surplus
  •  (1) If the Chief Electoral Officer estimates that a candidate has a surplus of electoral funds, the Chief Electoral Officer shall issue a notice of the estimated amount of the surplus to the candidate’s official agent.

  • Marginal note:Disposal of surplus funds

    (2) The candidate’s official agent shall dispose of a surplus of electoral funds within 60 days after the day on which they receive the notice of estimated surplus.

  • Marginal note:Disposal without notice

    (3) If a candidate has a surplus of electoral funds but their official agent has not received a notice of estimated surplus, the official agent shall dispose of the surplus within 60 days after, as the case may be,

    • (a) the later of

      • (i) the day on which they receive the final instalment of the reimbursement of the candidate’s election expenses and personal expenses, and

      • (ii) the day on which they receive the reimbursement of the candidate’s nomination deposit; or

    • (b) the day on which the Chief Electoral Officer is provided with the candidate’s electoral campaign return, if the candidate did not receive either of the reimbursements mentioned in paragraph (a).

  • 2014, c. 12, s. 86.
Marginal note:Method of disposal of surplus

 A candidate’s official agent shall dispose of surplus electoral funds by transferring them

  • (a) in the case of a candidate who was endorsed by a registered party, to that party or to the registered association of that party in the candidate’s electoral district; or

  • (b) in any other case, to the Receiver General.

  • 2014, c. 12, s. 86.
Marginal note:Notice of disposal of surplus
  •  (1) A candidate’s official agent shall, within seven days after disposing of a candidate’s surplus electoral funds, give the Chief Electoral Officer a notice in the prescribed form of the amount and date of the disposal and to whom the surplus was transferred.

  • Marginal note:Publication

    (2) As soon as feasible after the disposal of a candidate’s surplus electoral funds, the Chief Electoral Officer shall publish the notice in any manner that he or she considers appropriate.

  • 2014, c. 12, s. 86.
Marginal note:Requisition for repayment
  •  (1) An official agent who has disposed of a candidate’s surplus electoral funds under paragraph 477.82(b) and must subsequently pay an electoral campaign expense of the candidate may apply to the Chief Electoral Officer for repayment in an amount that is not more than the lesser of the amount of the subsequent payment and the amount of the surplus electoral funds.

  • Marginal note:Repayment

    (2) On receipt of a request for payment from the Chief Electoral Officer in relation to an application, the Receiver General shall pay the amount specified in the application to the official agent out of the Consolidated Revenue Fund.

  • 2014, c. 12, s. 86.
Marginal note:Prohibition — transfer of contributions

 No registered agent of a registered party, no financial agent of a registered association and no financial agent of a nomination contestant shall transfer funds to a candidate after polling day except to pay claims related to the candidate’s electoral campaign.

  • 2014, c. 12, s. 86.

Supply and Use of Forms

Marginal note:Prescribed forms — Income Tax Act

 A candidate and their official agent shall use the prescribed forms for official receipts to contributors for the purpose of subsection 127(3) of the Income Tax Act.

  • 2014, c. 12, s. 86.
Marginal note:Provision of forms to returning officers

 The Chief Electoral Officer shall provide each returning officer with copies of prescribed forms.

  • 2014, c. 12, s. 86.
Marginal note:Provision of forms to candidates
  •  (1) A returning officer shall provide each candidate in their electoral district with a reasonable number of copies of each prescribed form requested by the candidate or by their official agent.

  • Marginal note:Return of unused forms

    (2) A candidate and their official agent shall return any unused forms referred to in section 477.86 within a month after polling day.

  • Marginal note:Designated forms

    (3) The Chief Electoral Officer may, from among forms that are to be provided under subsection (1), designate those that may be provided only to the official agent of a candidate whose nomination has been confirmed under subsection 71(1).

  • 2014, c. 12, s. 86.

Subdivision cGifts and Other Advantages

Definition of “candidate”

 For the purposes of sections 477.9 to 477.95, a candidate is deemed to have become a candidate on the earlier of

  • (a) the day on which they are selected at a nomination contest, and

  • (b) the day on which the writ is issued for the election.

  • 2014, c. 12, s. 86.
Marginal note:Prohibition
  •  (1) No candidate shall accept any gift or other advantage that might reasonably be seen to have been given to influence them in the performance of their duties and functions as a member of the House of Commons if the candidate were to be elected, during the period that

    • (a) begins on the day on which they are deemed to have become a candidate; and

    • (b) ends on

      • (i) the day on which they withdraw, if they withdraw in accordance with subsection 74(1),

      • (ii) the day on which they become a member of the House of Commons, if they are elected, or

      • (iii) polling day, in any other case.

  • Marginal note:Exception

    (2) Despite subsection (1), a candidate may accept a gift or other advantage that is given by a relative or as a normal expression of courtesy or protocol.

  • Marginal note:Statement of candidate

    (3) The candidate shall provide the Chief Electoral Officer with a statement in the prescribed form that discloses, in respect of all gifts or other advantages that the candidate accepted during the period referred to in subsection (1) whose benefit to the candidate exceeds $500 or, if accepted from the same person or entity in that period, exceeds a total of $500, other than gifts or other advantages given by relatives or made by way of an unconditional, non-discretionary testamentary disposition,

    • (a) the nature of each gift or other advantage, its commercial value and the cost, if any, to the candidate;

    • (b) the name and address of the person or entity giving the gift or other advantage; and

    • (c) the circumstances under which the gift or other advantage was given.

  • Marginal note:Clarification

    (4) For the purposes of subsection (3), the benefit to a candidate of a gift or other advantage that is a service or property, or the use of property or money, is the difference between the commercial value of the service or property or the use of the property or money and the cost, if any, to the candidate.

  • Marginal note:Period for providing statement

    (5) The candidate shall provide the statement to the Chief Electoral Officer within four months after

    • (a) polling day; or

    • (b) the day on which a notice of the withdrawal or deemed withdrawal of the writ for the election is published in the Canada Gazette under subsection 59(2) or section 551.

  • Marginal note:Definitions

    (6) The following definitions apply in this section.

    “common-law partnership”

    « union de fait »

    “common-law partnership” means the relationship between two persons who are cohabiting in a conjugal relationship, having so cohabited for a period of at least one year.

    “gift or other advantage”

    « cadeau ou autre avantage »

    “gift or other advantage” means

    • (a) an amount of money if there is no obligation to repay it; and

    • (b) a service or property, or the use of property or money, that is provided without charge or at less than its commercial value.

    It does not include a contribution made by an eligible individual under Division 1 of this Part to the official agent of a candidate that does not exceed the limits set out in that Division, or a provision of goods or services or a transfer of funds under section 364.

    “relative”

    « parent »

    “relative”, in respect of a candidate, means a person related to the candidate by marriage, common-law partnership, birth, adoption or affinity.

  • 2014, c. 12, s. 86.
Marginal note:Extensions — Chief Electoral Officer
  •  (1) The Chief Electoral Officer, on the written application of a candidate, shall authorize the extension of the period referred to in subsection 477.9(5), unless he or she is satisfied that the candidate’s failure to make the statement was deliberate or was the result of the candidate’s failure to exercise due diligence.

  • Marginal note:Deadline

    (2) The application may be made within the period referred to in subsection 477.9(5) or within two weeks after the end of that period.

  • 2014, c. 12, s. 86.
Marginal note:Corrections or revisions — Chief Electoral Officer
  •  (1) The Chief Electoral Officer, on the written application of a candidate, shall authorize the correction or revision of the statement if he or she is satisfied by the evidence submitted by the candidate that the correction or revision is necessary in order for the requirements of this subdivision to be complied with.

  • Marginal note:Application made without delay

    (2) The application shall be made immediately after the candidate becomes aware of the need for correction or revision.

  • Marginal note:Deadline for corrections or revisions

    (3) The candidate shall provide the Chief Electoral Officer with the corrected or revised version of the statement within 30 days after the day on which the correction or revision is authorized or within any extension of that period authorized under subsection (4) or (5).

  • Marginal note:New deadline

    (4) The Chief Electoral Officer, on the written application of the candidate made within two weeks after the end of the 30-day period referred to in subsection (3), shall authorize the extension of that period, unless he or she is satisfied that the candidate’s failure to provide the corrected or revised version of the statement was deliberate or was the result of the candidate’s failure to exercise due diligence.

  • Marginal note:Extension of new deadline

    (5) The Chief Electoral Officer, on the written application of the candidate made within two weeks after the end of an extension authorized under subsection (4) or under this subsection, shall authorize the further extension of that period, unless he or she is satisfied that the candidate’s failure to provide the corrected or revised version of the statement was deliberate or was the result of the candidate’s failure to exercise due diligence.

  • 2014, c. 12, s. 86.
Marginal note:Extensions, corrections or revisions — judge
  •  (1) A candidate may apply to a judge for an order

    • (a) authorizing an extension referred to in subsection 477.91(1); or

    • (b) authorizing a correction or revision referred to in subsection 477.92(1).

    The candidate shall notify the Chief Electoral Officer that the application has been made.

  • Marginal note:Deadline

    (2) The application may be made

    • (a) under paragraph (1)(a), within two weeks after, as the case may be,

      • (i) if an application for an extension is not made to the Chief Electoral Officer within the period referred to in subsection 477.91(2), the end of the two-week period referred to in that subsection,

      • (ii) the rejection of an application for an extension made in accordance with section 477.91, or

      • (iii) the end of the extended period referred to in subsection 477.91(1); or

    • (b) under paragraph (1)(b), within two weeks after the rejection of an application for a correction or revision made in accordance with section 477.92.

  • Marginal note:Grounds — extension

    (3) The judge shall grant an order authorizing an extension unless the judge is satisfied that the candidate’s failure to provide the required statement was deliberate or was the result of their failure to exercise due diligence.

  • Marginal note:Grounds — corrections or revisions

    (4) The judge shall grant an order authorizing a correction or revision if the judge is satisfied by the evidence submitted by the candidate that the correction or revision is necessary in order for the requirements of this subdivision to be complied with.

  • Marginal note:Contents of order

    (5) An order under subsection (1) may require that the candidate satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.

  • 2014, c. 12, s. 86.
Marginal note:Chief Electoral Officer to retain statements
  •  (1) The Chief Electoral Officer shall retain in its possession the statements referred to in subsection 477.9(3) for at least one year after the return of the writ for the election.

  • Marginal note:Information to be kept confidential

    (2) The Chief Electoral Officer shall keep the statements provided under subsection 477.9(3) confidential.

  • Marginal note:Exception

    (3) Subsection (2) does not prohibit the Commissioner from inspecting the statements referred to in that subsection, and any of those statements may be provided to the Director of Public Prosecutions and produced by the Director for the purpose of a prosecution for an offence under this Act.

  • 2014, c. 12, s. 86.
Marginal note:Prohibition — false, misleading or incomplete statement

 No candidate shall provide the Chief Electoral Officer with a statement referred to in subsection 477.9(3) that

  • (a) the candidate knows or ought reasonably to know contains a material statement that is false or misleading; or

  • (b) does not substantially set out the information required under that subsection.

  • 2014, c. 12, s. 86.

Division 6Leadership Contestants

Interpretation

Definition of “personal expenses”

 In this Division, “personal expenses” means the expenses of a personal nature that are reasonably incurred by or on behalf of a leadership contestant in relation to their leadership campaign and includes

  • (a) travel and living expenses;

  • (b) childcare expenses;

  • (c) expenses relating to the provision of care for a person with a physical or mental incapacity for whom the contestant normally provides such care; and

  • (d) in the case of a contestant who has a disability, additional expenses that are related to the disability.

  • 2000, c. 9, s. 478;
  • 2014, c. 12, s. 86.

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

Subdivision aRegistration of Leadership Contestants

Marginal note:Notice of leadership contest
  •  (1) If a registered party proposes to hold a leadership contest, the party’s chief agent shall file with the Chief Electoral Officer a statement setting out the dates on which the leadership contest is to begin and end.

  • Marginal note:Variation and cancellation

    (2) A registered party that proposes to vary the leadership contest period or to cancel a leadership contest shall file with the Chief Electoral Officer a statement setting out, as the case may be, the amended beginning date or ending date or the fact of its cancellation.

  • Marginal note:Publication

    (3) The Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish a notice containing the information referred to in subsections (1) and (2).

  • 2003, c. 19, s. 57;
  • 2014, c. 12, s. 86.

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

Marginal note:Duty to register
  •  (1) Every person who accepts contributions for, or incurs leadership campaign expenses in relation to, their campaign for the leadership of a registered party shall apply to the Chief Electoral Officer for registration as a leadership contestant.

  • Marginal note:Deeming

    (2) For the purposes of Division 1 of this Part and this Division, a leadership contestant is deemed to have been a leadership contestant from the time they accept a contribution, incur a leadership campaign expense or borrow money under section 373.

  • 2003, c. 19, s. 57;
  • 2014, c. 12, s. 86.

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

Marginal note:Contents of application
  •  (1) An application for registration as a leadership contestant shall include the following:

    • (a) the name of the leadership contestant;

    • (b) the address of the place where the records of the leadership contestant are maintained and to which communications may be addressed;

    • (c) the name and address of the leadership contestant’s auditor; and

    • (d) the name and address of the leadership contestant’s financial agent.

  • Marginal note:Accompanying documents

    (2) The application shall be accompanied by the following:

    • (a) the signed consent of the financial agent to act in that capacity;

    • (b) the signed consent of the auditor to act in that capacity;

    • (c) a declaration signed by the chief agent of the registered party holding the leadership contest certifying that the party accepts the applicant as a leadership contestant; and

    • (d) a statement containing the information referred to in paragraphs 478.8(2)(d) to (g) with respect to contributions received and loans incurred before the first day of the leadership contest.

  • Marginal note:Examination of application

    (3) The Chief Electoral Officer shall register a leadership contestant who meets the requirements set out in subsections (1) and (2). In the case of a refusal to register, the Chief Electoral Officer shall indicate which of those requirements have not been met.

  • 2003, c. 19, s. 57;
  • 2004, c. 24, s. 20;
  • 2014, c. 12, s. 86.

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

Marginal note:Registry

 The Chief Electoral Officer shall maintain a registry of leadership contestants that contains the information referred to in subsection 478.3(1).

  • 2003, c. 19, s. 57;
  • 2014, c. 12, s. 86.

 [Repealed, 2014, c. 12, s. 86]

 [Repealed, 2014, c. 12, s. 86]

Marginal note:Appointments
  •  (1) A leadership contestant may appoint leadership campaign agents authorized to accept contributions and to incur and pay leadership campaign expenses for the contestant. The appointment is subject to any terms and conditions that it specifies.

  • Marginal note:Report of appointment

    (2) Within 30 days after the appointment of a leadership campaign agent, the leadership contestant shall provide the Chief Electoral Officer with a written report, certified by the contestant’s financial agent, that includes the leadership campaign agent’s name and address and any terms and conditions to which the appointment is subject. The Chief Electoral Officer shall register that information in the registry of leadership contestants.

  • 2014, c. 12, s. 86.
Marginal note:Agents — ineligibility

 The following persons are ineligible to be the financial agent or a leadership campaign agent of a leadership contestant:

  • (a) an election officer or a member of the staff of a returning officer;

  • (b) a leadership contestant;

  • (c) an auditor appointed as required by this Act;

  • (d) a person who is not an elector;

  • (e) an undischarged bankrupt; and

  • (f) a person who does not have full capacity to enter into contracts in the province in which the person ordinarily resides.

  • 2014, c. 12, s. 86.
Marginal note:Auditor — eligibility
  •  (1) Only the following are eligible to be an auditor for a leadership contestant: