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:Procedure on receipt of return by Chief Electoral Officer

 The Chief Electoral Officer, on receiving each return of the writ, shall, in the order in which the return is received,

  • (a) indicate, in a book kept by the Chief Electoral Officer for the purpose, that he or she has received it; and

  • (b) publish in the Canada Gazette the name of the candidate who was declared elected.

Marginal note:Equality of votes

 If the return of the writ indicates an equality of votes between the candidates with the largest number of votes, the Chief Electoral Officer shall without delay

  • (a) prepare and send to the Speaker of the House of Commons or, if none, two members of the House or two candidates who have been declared elected, as the case may be, a report stating that no candidate was declared elected in the electoral district because of the equality of votes; and

  • (b) publish in the Canada Gazette

    • (i) the names of the candidates between whom there was an equality of votes, and

    • (ii) notice that, as no candidate was declared elected in the electoral district because of the equality of votes, a by-election will be conducted under subsection 29(1.1) of the Parliament of Canada Act.



Marginal note:Definitions

 The definitions in this section apply in this Part.

“election advertising”

« publicité électorale »

“election advertising” means the transmission to the public by any means during an election period of an advertising message that promotes or opposes a registered party or the election of a candidate, including one that takes a position on an issue with which a registered party or candidate is associated. For greater certainty, it does not include

  • (a) the transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news;

  • (b) the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be an election;

  • (c) the transmission of a document directly by a person or a group to their members, employees or shareholders, as the case may be; or

  • (d) the transmission by an individual, on a non-commercial basis on what is commonly known as the Internet, of his or her personal political views.

“election survey”

« sondage électoral »

“election survey” means an opinion survey of how electors voted or will vote at an election or respecting an issue with which a registered party or candidate is associated.


« réseau »

“network” means a network as defined in subsection 2(1) of the Broadcasting Act, but does not include a temporary network operation as defined in that subsection.

“network operator”

« exploitant de réseau »

“network operator” means a person or undertaking to which permission has been granted by the Canadian Radio-television and Telecommunications Commission to form and operate a network.

“prime time”

« heures de grande écoute »

“prime time”, in the case of a radio station, means the time between the hours of 6 a.m. and 9 a.m., noon and 2 p.m. and 4 p.m. and 7 p.m., and, in the case of a television station, means the hours between 6 p.m. and midnight.