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

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

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.