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

Act current to 2014-06-12 and last amended on 2014-04-01. Previous Versions

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 451(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.

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 named under subsection 83(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, provide the returning officer with documents that are determined by the Chief Electoral Officer to be evidence of the common public knowledge and acceptance 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.