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

Act current to 2016-11-21 and last amended on 2016-01-01. Previous Versions

Marginal note:List in Canada Gazette

 Between the 1st and 20th days of January in each year, the Chief Electoral Officer shall publish a list in the Canada Gazette of the name, address and occupation of the returning officer for each electoral district in Canada.

  • 2000, c. 9, s. 25;
  • 2006, c. 9, s. 175.
Marginal note:Assistant returning officer
  •  (1) A returning officer shall, without delay after being appointed, appoint in writing an assistant returning officer, who shall hold office at pleasure and send the appointment in writing to the Chief Electoral Officer.

  • Marginal note:Restriction on appointment

    (2) A returning officer shall not appoint his or her spouse, common-law partner, child, mother, father, brother, sister, the child of his or her spouse or common-law partner, or a person who lives with him or her as an assistant returning officer.

  • 2000, c. 9, s. 26, c. 12, s. 40.
Marginal note:Delegation
  •  (1) The returning officer for an electoral district may, with the Chief Electoral Officer’s prior approval, authorize any person acting under his or her direction to perform any of the duties or functions of a returning officer under this Act, except those described in subsection 24(3), sections 62, 63 and 67, subsections 71(1) and 72(1), sections 74, 77, 103, 104, 130, 293 to 298 and 300, subsection 301(6) and sections 313 to 316.

  • Marginal note:Authorization in writing

    (2) An authorization under subsection (1) shall be signed and dated by the returning officer.

  • 2000, c. 9, s. 27;
  • 2014, c. 12, s. 15.
Marginal note:Notification if returning officer incapacitated
  •  (1) It is the duty of a returning officer or an assistant returning officer to notify the Chief Electoral Officer without delay if the returning officer at any time becomes unable to act.

  • (2) [Repealed, 2006, c. 9, s. 176]

  • Marginal note:Assistant returning officer to act

    (3) Subject to subsection 24(1.5), if a returning officer is absent or unable to act or if a returning officer’s office is vacant, the assistant returning officer shall act in place of the returning officer.

  • Marginal note:Designated person to act

    (3.01) If a returning officer is under suspension during an election period, the Chief Electoral Officer may designate a person to act in the returning officer’s place, and that person may, during and after that period, perform the duties and functions of a returning officer in relation to that election.

  • Marginal note:Designated person to act

    (3.1) If a returning officer and an assistant returning officer are both absent or unable to act or if both their offices are vacant during an election period, the Chief Electoral Officer shall designate a person to act in place of the returning officer, and that person may, during and after that period, perform the duties of a returning officer in relation to that election.

  • Marginal note:Appointment within limited period

    (4) When the office of a returning officer becomes vacant, the Chief Electoral Officer shall appoint a new returning officer without delay.

  • Marginal note:Appointment of assistant returning officer

    (5) Every assistant returning officer who is required to act as a returning officer under subsection (3) shall appoint an assistant returning officer without delay.

  • 2000, c. 9, s. 28;
  • 2006, c. 9, s. 176;
  • 2014, c. 12, s. 16.
Marginal note:Duties of returning officer
  •  (1) A returning officer shall

    • (a) without delay after removing an assistant returning officer from office, notify the assistant returning officer in writing of the removal and send a copy of the notice to the Chief Electoral Officer; and

    • (b) without delay after the death or resignation of an assistant returning officer, notify the Chief Electoral Officer in writing of the death or resignation.

  • Marginal note:Appointment of substitute

    (2) If an assistant returning officer dies, resigns, becomes disqualified or incapable of acting or refuses to act, or is removed from office for any other reason, the returning officer who appointed him or her shall without delay appoint a substitute.

  • Marginal note:Tenure of office of assistant returning officer

    (3) When a returning officer ceases to hold office, the assistant returning officer appointed by him or her remains in office until the returning officer’s successor appoints a new assistant returning officer.

  • Marginal note:Resignation by assistant returning officer

    (4) An assistant returning officer who intends to resign shall give written notice to the returning officer who appointed him or her or, if the office of returning officer is vacant, to the Chief Electoral Officer.

Marginal note:Additional assistant returning officer
  •  (1) On request by a returning officer, the Chief Electoral Officer may designate areas in the returning officer’s electoral district and authorize, in writing, the appointment of an assistant returning officer, in addition to the assistant returning officer appointed under subsection 26(1), for each of those areas.

  • Marginal note:Appointment

    (2) A returning officer shall appoint an additional assistant returning officer and establish an office in each area designated by the Chief Electoral Officer.

  • Marginal note:Delegation limited

    (3) An assistant returning officer appointed under subsection (2) may perform the functions of an assistant returning officer only in respect of the area for which they are appointed.

  • Marginal note:Further limitation

    (4) An assistant returning officer appointed under subsection (2) may not perform the functions described in subsections 28(1), 60(2), 70(1) and 293(1).

Marginal note:Prohibition — acting in another capacity

 No returning officer or assistant returning officer appointed under subsection 26(1) shall act in any other capacity under this Act.

Election Officers Appointed by Returning Officer

General

Marginal note:Election officers

 After the issue of the writ, a returning officer shall appoint the following election officers in the prescribed form:

  • (a) the revising agents that the returning officer considers necessary, provided that the Chief Electoral Officer approves of their number;

  • (b) one deputy returning officer and one poll clerk for each advance polling station in the electoral district;

  • (c) one deputy returning officer and one poll clerk for each polling station in the electoral district; and

  • (d) a registration officer for each registration desk.

  • 2000, c. 9, s. 32;
  • 2001, c. 21, s. 3(E).
Marginal note:Additional election officers

 After the issue of the writ, a returning officer may, with the Chief Electoral Officer’s approval, in the prescribed form, appoint any other person whose attendance is, in the returning officer’s opinion, necessary for the conduct of the vote or the counting of the votes at a polling station or an advance polling station, and may assign to that person any duties or functions that the returning officer considers to be appropriate.

  • 2014, c. 12, s. 17.

Revising Agents

Marginal note:Solicitation of names
  •  (1) Before appointing revising agents, a returning officer shall solicit names of suitable persons from the registered parties whose candidates finished first and second in the last election in the electoral district and, if sufficient names are not provided by those parties within three days after receipt of the request, the returning officer may solicit names from any other source.

  • Marginal note:Equal distribution

    (2) A returning officer shall appoint half of the revising agents from among the persons recommended by the registered party whose candidate finished first in the last election in the electoral district, and half from among the persons recommended by the registered party whose candidate finished second in that election.

  • Marginal note:Revising agents to work in pairs

    (3) A returning officer shall appoint revising agents to work in pairs and each pair shall consist, as far as possible, of persons recommended by different registered parties.

  • Marginal note:Replacement

    (4) A returning officer may replace a revising agent at any time and the former revising agent shall return all election materials in his or her possession to the returning officer.

  • Marginal note:Lists of revising agents

    (5) Each returning officer shall make available to each candidate a list of the revising agents for the electoral district, on completion of the list.

  • Marginal note:Identification

    (6) Each revising agent shall, while performing his or her functions, wear or carry the identification that is supplied by the Chief Electoral Officer and shall show it on request.

 
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