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

Act current to 2014-09-29 and last amended on 2014-06-19. Previous Versions

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, address 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 and address 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.