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

Act current to 2016-06-06 and last amended on 2016-01-01. Previous Versions

Marginal note:Restrictions

 If an elector so requests the Chief Electoral Officer in writing, information in the Register of Electors relating to that elector shall be used only for federal electoral or referendum purposes.

Marginal note:Access to personal information

 At the written request of an elector, the Chief Electoral Officer shall send the elector all the information in the Chief Electoral Officer’s possession relating to him or her.

Agreements on Giving Information

Marginal note:Provincial bodies
  •  (1) The Chief Electoral Officer may enter into an agreement with any body responsible under provincial law for establishing a list of electors, governing the giving of information contained in the Register of Electors, or the giving of information referred to in subsection 44(2) or (2.1) that the Chief Electoral Officer intends to include in the Register of Electors, if that information is needed for establishing such a list.

  • Marginal note:Conditions

    (2) The Chief Electoral Officer shall include in the agreement conditions regarding the use and protection of personal information given under the agreement.

  • (3) [Repealed, 2007, c. 21, s. 9]

  • Marginal note:Valuable consideration

    (4) An agreement mentioned in subsection (1) may require valuable consideration to be provided in exchange for the information given.

  • 2000, c. 9, s. 55;
  • 2007, c. 21, s. 9.

Prohibitions

Marginal note:Prohibitions

 No person shall

  • (a) knowingly make a false or misleading statement, orally or in writing, relating to their qualification as an elector or relating to any other information referred to in section 49;

  • (b) knowingly make a false or misleading statement, orally or in writing, relating to another person’s qualification as an elector, to the surname, given names, sex, civic address or mailing address of that person, or to the identifier assigned to that person by the Chief Electoral Officer, for the purpose of having that person’s name deleted from the Register of Electors;

  • (c) request the listing in the Register of Electors of the name of a person who is not qualified as an elector, knowing that the person is not so qualified;

  • (d) wilfully apply to have included in the Register of Electors the name of an animal or thing;

  • (e) knowingly use personal information that is obtained from the Register of Electors except as follows:

    • (i) to enable registered parties, members or candidates to communicate with electors in accordance with section 110,

    • (ii) for the purpose of a federal election or referendum, or

    • (iii) in accordance with the conditions included in an agreement made under section 55, in the case of information that is transmitted in accordance with the agreement; or

  • (f) knowingly use other personal information that is transmitted in accordance with an agreement made under section 55 except in accordance with the conditions included in the agreement.

  • 2000, c. 9, s. 56;
  • 2007, c. 21, s. 10.

PART 5Conduct of an Election

Date of General Election

Marginal note:Powers of Governor General preserved
  •  (1) Nothing in this section affects the powers of the Governor General, including the power to dissolve Parliament at the Governor General’s discretion.

  • Marginal note:Election dates

    (2) Subject to subsection (1), each general election must be held on the third Monday of October in the fourth calendar year following polling day for the last general election, with the first general election after this section comes into force being held on Monday, October 19, 2009.

  • 2007, c. 10, s. 1.
Marginal note:Alternate day
  •  (1) If the Chief Electoral Officer is of the opinion that a Monday that would otherwise be polling day under subsection 56.1(2) is not suitable for that purpose, including by reason of its being in conflict with a day of cultural or religious significance or a provincial or municipal election, the Chief Electoral Officer may choose another day in accordance with subsection (4) and shall recommend to the Governor in Council that polling day be that other day.

  • Marginal note:Publication of recommendation

    (2) If the Chief Electoral Officer recommends an alternate day for a general election in accordance with subsection (1), he or she shall without delay publish in the Canada Gazette notice of the day recommended.

  • Marginal note:Making and publication of order

    (3) If the Governor in Council accepts the recommendation, the Governor in Council shall make an order to that effect. The order must be published without delay in the Canada Gazette.

  • Marginal note:Limitation

    (4) The alternate day must be either the Tuesday immediately following the Monday that would otherwise be polling day or the Monday of the following week.

  • Marginal note:Timing of proclamation

    (5) An order under subsection (3) shall not be made after August 1 in the year in which the general election is to be held.

  • 2007, c. 10, s. 1.

Writs of Election

Marginal note:General election — proclamation
  •  (1) The Governor in Council shall issue a proclamation in order for a general election to be held.

  • Marginal note:By-election — order

    (1.1) The Governor in Council shall make an order in order for a by-election to be held.

  • Marginal note:Contents

    (1.2) The proclamation or order shall

    • (a) direct the Chief Electoral Officer to issue a writ to the returning officer for each electoral district to which the proclamation or order applies;

    • (b) fix the date of issue of the writ; and

    • (c) fix the date for voting at the election, which date must be at least 36 days after the issue of the writ.

  • Marginal note:General election

    (2) In the case of a general election,

    • (a) the date of issue of the writ shall be the same for all electoral districts;

    • (b) polling day shall be the same for all electoral districts; and

    • (c) the proclamation shall fix a date for the return of the writ to the Chief Electoral Officer, which date shall be the same for all of the writs.

  • Marginal note:Election held on a Monday

    (3) Subject to subsection (4) and section 56.2, polling day shall be on a Monday.

  • Marginal note:Exception

    (4) In the case of a general election that is not held on a day set in accordance with subsection 56.1(2) or section 56.2, if, in the week in which the election is to be held, the Monday is a holiday, polling day shall be held on the Tuesday of that week.

  • Marginal note:Times when polling day is a Tuesday

    (5) If the day fixed for the vote is a Tuesday because of subsection (4) or section 56.2, any time period specified under this Act before or after polling day is to be calculated as if polling day were the Monday.

  • 2000, c. 9, s. 57;
  • 2001, c. 21, s. 5;
  • 2007, c. 10, s. 2.
Marginal note:Writs forwarded to returning officer

 The Chief Electoral Officer shall issue a writ in Form 1 of Schedule 1 to the returning officer for the electoral district in which the election is to be held without delay after the proclamation is issued or the order is made under section 57.

  • 2000, c. 9, s. 58;
  • 2001, c. 21, s. 6;
  • 2007, c. 10, s. 3.
Marginal note:Withdrawal of writ
  •  (1) The Governor in Council may order the withdrawal of a writ for any electoral district for which the Chief Electoral Officer certifies that by reason of a flood, fire or other disaster it is impracticable to carry out the provisions of this Act.

  • Marginal note:Duties of Chief Electoral Officer

    (2) If the Governor in Council orders the withdrawal of a writ, the Chief Electoral Officer shall publish a notice of the withdrawal in the Canada Gazette and issue a new writ ordering an election within three months after publication of the notice.

  • Marginal note:Polling day

    (3) The day named in the new writ for polling day may not be later than three months after the issue of the new writ.

 
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