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

Marginal note:Notice of confirmation of registration

102. 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).

Marginal note:Objection by elector

• 103. (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

• 104. (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.