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

Act current to 2016-01-25 and last amended on 2016-01-01. 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. (vote par anticipation)

    advance polling station

    bureau de vote par anticipation

    advance polling station means a polling station established under subsection 168(3). (bureau de vote par anticipation)

    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. (radiodiffuseur)

    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. (radiodiffusion)

    Broadcasting Arbitrator

    arbitre

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

    by-election

    élection partielle

    by-election means an election other than a general election. (élection partielle)

    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. (candidat)

    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. (bien immobilisé)

    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). (agent principal)

    close of nominations

    clôture des candidatures

    close of nominations means the deadline for the receipt of nominations set out in subsection 70(2). (clôture des candidatures)

    closing day for nominations

    jour de clôture

    closing day for nominations means the day referred to in section 69. (jour de clôture)

    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. (valeur commerciale)

    Commissioner

    commissaire

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

    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. (conjoint de fait)

    contribution

    contribution

    contribution means a monetary contribution or a non-monetary contribution. (contribution)

    election

    élection

    election means an election of a member to serve in the House of Commons. (élection)

    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. (documents électoraux)

    election officer

    fonctionnaire électoral

    election officer means a person referred to in subsection 22(1). (fonctionnaire électoral)

    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. (période électorale)

    elector

    électeur

    elector means a person who is qualified as an elector under section 3. (électeur)

    electoral district

    circonscription

    electoral district means a place or territorial area that is represented by a member in the House of Commons. (circonscription)

    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. (agent de circonscription)

    electoral district association

    association de circonscription

    electoral district association means an association of members of a political party in an electoral district. (association de circonscription)

    eligible party

    parti admissible

    eligible party means a political party that satisfies the criteria for registration set out in section 387. (parti admissible)

    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. (juge)

    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. (agent de campagne à la direction)

    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. (dépense de campagne à la direction)

    leadership contest

    course à la direction

    leadership contest means a competition for the selection of the leader of a registered party. (course à la direction)

    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. (candidat à la direction)

    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. (liste électorale)

    member

    député

    member means a member of the House of Commons. (député)

    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. (ministre)

    monetary contribution

    contribution monétaire

    monetary contribution means an amount of money provided that is not repayable. (contribution monétaire)

    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. (dépense de campagne d’investiture)

    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. (course à l’investiture)

    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. (candidat à l’investiture)

    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. (contribution non monétaire)

    oath

    serment

    oath includes a solemn affirmation and a statutory declaration. (serment)

    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. (agent officiel)

    official list of electors

    liste électorale officielle

    official list of electors means the list of electors prepared by the returning officer under section 106. (liste électorale officielle)

    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. (publication périodique)

    personal information

    renseignements personnels

    personal information means personal information as defined in section 3 of the Privacy Act. (renseignements personnels)

    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). (appartenance politique)

    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. (parti politique)

    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. (jour du scrutin)

    polling division

    section de vote

    polling division means a polling division referred to in section 538. (section de vote)

    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. (bureau de scrutin)

    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). (liste électorale préliminaire)

    prescribed

    prescrit

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

    recount

    dépouillement judiciaire

    recount means a recount of votes by a judge under Part 14. (dépouillement judiciaire)

    registered agent

    agent enregistré

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

    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. (association enregistrée)

    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. (parti enregistré)

    Register of Electors

    Registre des électeurs

    Register of Electors means the Register of Electors established under section 44. (Registre des électeurs)

    revised list of electors

    liste électorale révisée

    revised list of electors means the list of electors prepared by the returning officer under section 105. (liste électorale révisée)

    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). (annulé)

    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. (travail bénévole)

    writ

    bref

    writ means a writ of election. (bref)

  • 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 Parts 16.1 and 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, ss. 2, 155.
 
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