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

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Act current to 2019-11-19 and last amended on 2019-06-13. Previous Versions

Canada Elections Act

S.C. 2000, c. 9

Assented to 2000-05-31

An Act respecting the election of members to the House of Commons, repealing other Acts relating to elections and making consequential amendments to other Acts

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short title

 This Act may be cited as the Canada Elections Act.

Interpretation

Marginal note:Definitions

  •  (1) The definitions in this subsection apply in this Act.

    advance poll

    advance poll means a vote held under Part 10. (vote par anticipation)

    advance polling station

    advance polling station means a polling station established under subsection 168(3). (bureau de vote par anticipation)

    broadcaster

    broadcaster means a person who is licensed by the Canadian Radio-television and Telecommunications Commission under the Broadcasting Act to carry on a programming undertaking. (radiodiffuseur)

    broadcasting

    broadcasting means broadcasting, as defined in subsection 2(1) of the Broadcasting Act, that is regulated and supervised by the Canadian Radio-television and Telecommunications Commission pursuant to section 5 of that Act. (radiodiffusion)

    Broadcasting Arbitrator

    Broadcasting Arbitrator means the person appointed as Broadcasting Arbitrator under subsection 332(1). (arbitre)

    by-election

    by-election means an election other than a general election. (élection partielle)

    candidate

    candidate means a person whose nomination as a candidate at an election has been confirmed under subsection 71(1) and who, or whose official agent, has not yet complied with sections 477.59 to 477.72 and 477.8 to 477.84 in respect of that election. (candidat)

    capital asset

    capital asset means any property with a commercial value of more than $200 that

    • (a) in the case of a registered party, an electoral district association or a candidate, is normally used outside an election period other than for the purposes of an election;

    • (b) in the case of a nomination contestant, is normally used outside a nomination contest other than for the purposes of a nomination contest; and

    • (c) in the case of a leadership contestant, is normally used outside a leadership contest other than for the purposes of a leadership contest. (bien immobilisé)

    chief agent

    chief agent means the chief agent named in the application of a political party to become a registered party as required under paragraph 385(2)(h) or a chief agent’s replacement appointed under subsection 400(1). (agent principal)

    close of nominations

    close of nominations means the deadline for the receipt of nominations set out in subsection 70(2). (clôture des candidatures)

    closing day for nominations

    closing day for nominations means the day referred to in section 69. (jour de clôture)

    commercial value

    commercial value, in relation to property or a service, means the lowest amount charged at the time that it was provided for the same kind and quantity of property or service or for the same usage of property or money, by

    • (a) the person who provided it, if the person is in the business of providing that property or service; or

    • (b) another person who provides that property or service on a commercial basis in the area where it was provided, if the person who provided the property or service is not in that business. (valeur commerciale)

    Commissioner

    Commissioner means the Commissioner of Canada Elections appointed under subsection 509(1). (commissaire)

    common-law partner

    common-law partner, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year. (conjoint de fait)

    contribution

    contribution means a monetary contribution or a non-monetary contribution. (contribution)

    election

    election means an election of a member to serve in the House of Commons. (élection)

    election advertising

    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 by taking 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;

    • (d) the transmission by an individual, on a non-commercial basis on the Internet, of his or her personal political views; or

    • (e) the making of telephone calls to electors only to encourage them to vote. (publicité électorale)

    election advertising expense

    election advertising expense means an expense incurred in relation to

    • (a) the production of an election advertising message; and

    • (b) the transmission of an election advertising message to the public. (dépenses de publicité électorale)

    election documents

    election documents means the following documents:

    • (a) the writ with the return of the election endorsed on it;

    • (b) the nomination papers and other documents filed by the candidates or filed on their behalf under section 67;

    • (c) the reserve supply of undistributed blank ballot papers;

    • (d) documents relating to the revision of the lists of electors;

    • (e) the statements of the vote from which the validation of results was made;

    • (f) the other documents sent to the Chief Electoral Officer from the various polling stations, the various advance polling stations or the returning officer’s office, including

      • (i) stubs and unused ballot papers,

      • (ii) ballot papers cast for the various candidates,

      • (iii) spoiled ballot papers,

      • (iv) rejected ballot papers,

      • (v) the list of electors used at the polling station, advance polling station or returning officer’s office,

      • (vi) written authorizations of candidates’ representatives,

      • (vii) used transfer certificates, if any, and

      • (viii) registration certificates; and

    • (g) the prescribed forms referred to in section 162 — other than those referred to in paragraph 162(i.1) — and any other prescribed form to be used at a polling station, advance polling station or returning officer’s office that contains personal information relating to an elector. (documents électoraux)

    election officer

    election officer means a person referred to in subsection 22(1) or appointed under section 32. (fonctionnaire électoral)

    election period

    election period means the period beginning with the issue of the writ and ending on polling day or, if the writ is withdrawn under subsection 59(1) or is deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act, on the day that the writ is withdrawn or deemed to be withdrawn. (période électorale)

    election survey

    election survey means a survey respecting whether persons intend to vote at an election or who they voted for or will vote for at an election or respecting an issue with which a registered party or candidate is associated. (sondage électoral)

    elector

    elector means a person who is qualified as an elector under section 3. (électeur)

    electoral district

    electoral district means a place or territorial area that is represented by a member in the House of Commons. (circonscription)

    electoral district agent

    electoral district agent means a person appointed under subsection 456(1), and includes the financial agent of a registered association. (agent de circonscription)

    electoral district association

    electoral district association means an association of members of a political party in an electoral district. (association de circonscription)

    eligible party

    eligible party means a political party that satisfies the criteria for registration set out in section 387. (parti admissible)

    future elector

    future elector means a Canadian citizen who is 14 years of age or older but under 18 years of age. (futur électeur)

    judge

    judge, when used to define the judicial officer on whom is conferred specific powers, means

    • (a) in relation to the Province of Ontario, a judge of the Superior Court of Justice;

    • (b) in relation to the Province of Quebec, a judge of the Superior Court of Quebec;

    • (c) in relation to the Provinces of Nova Scotia, British Columbia and Prince Edward Island, a judge of the Supreme Court of the Province;

    • (d) in relation to the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, a judge of the Court of Queen’s Bench of the Province;

    • (e) in relation to the Province of Newfoundland and Labrador, a judge of the Trial Division of the Supreme Court of Newfoundland and Labrador;

    • (f) in relation to the electoral district of Yukon, a judge of the Supreme Court of Yukon;

    • (g) in relation to the electoral district of the Northwest Territories, a judge of the Supreme Court of the Northwest Territories;

    • (h) in relation to the electoral district of Nunavut, a judge of the Nunavut Court of Justice; and

    • (i) in relation to any place or territory in Canada,

      • (i) if a vacancy exists or arises in the office of any such judge or if such a judge is unable to act by reason of illness or absence from their judicial district, the judge exercising the jurisdiction of that judge,

      • (ii) if there is more than one judge exercising that jurisdiction, the senior of them, and

      • (iii) if no judge is exercising that jurisdiction, a judge designated for the purpose by the Minister of Justice. (juge)

    leadership campaign agent

    leadership campaign agent means a person appointed under subsection 478.5(1), and includes the financial agent of a leadership contestant. (agent de campagne à la direction)

    leadership campaign expense

    leadership campaign expense[Repealed, 2018, c. 20, s. 1]

    leadership contest

    leadership contest means a competition for the selection of the leader of a registered party. (course à la direction)

    leadership contestant

    leadership contestant means a person who has been registered in the registry of leadership contestants referred to in section 478.4 in respect of a leadership contest and who, or whose financial agent, has not yet complied with sections 478.8 to 478.97 in respect of that leadership contest. (candidat à la direction)

    list of electors

    list of electors means the list showing the surname, given names, civic address and mailing address of every elector in a polling division and the identifier that is assigned to the elector by the Chief Electoral Officer.  (liste électorale)

    member

    member means a member of the House of Commons. (député)

    Minister

    Minister means the member of the Queen’s Privy Council for Canada designated by the Governor in Council for the purposes of this Act. (ministre)

    monetary contribution

    monetary contribution means an amount of money provided that is not repayable. (contribution monétaire)

    National Capital Region

    National Capital Region means the National Capital Region as described in the schedule to the National Capital Act. (région de la capitale nationale)

    nomination campaign expense

    nomination campaign expense[Repealed, 2018, c. 20, s. 1]

    nomination contest

    nomination contest means a competition for the selection of a person to be proposed to a registered party for its endorsement as its candidate in an electoral district. (course à l’investiture)

    nomination contestant

    nomination contestant means a person who is named as a nomination contestant under paragraph 476.1(1)(c) in a report filed in accordance with subsection 476.1(1) in respect of a nomination contest and who, or whose financial agent, has not yet complied with sections 476.75 to 476.94 in respect of that nomination contest. (candidat à l’investiture)

    non-monetary contribution

    non-monetary contribution means the commercial value of a service, other than volunteer labour, or of property or of the use of property or money to the extent that they are provided without charge or at less than their commercial value. (contribution non monétaire)

    oath

    oath includes a solemn affirmation and a statutory declaration. (serment)

    official agent

    official agent means a person appointed under subsection 477.1(1) or an official agent’s replacement appointed under section 477.42. (agent officiel)

    official list of electors

    official list of electors means the list of electors prepared by the returning officer under section 106. (liste électorale officielle)

    partisan advertising

    partisan advertising means the transmission to the public by any means during a pre-election period of an advertising message that promotes or opposes a registered party or eligible party or the election of a potential candidate, nomination contestant or leader of a registered party or eligible party, otherwise than by taking a position on an issue with which any such party or person 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 by a Senator or a member the expense of which is paid by the Senate or House of Commons;

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

    • (e) the transmission by an individual, on a non-commercial basis on the Internet, of his or her personal political views; or

    • (f) the making of telephone calls to electors only to encourage them to vote. (publicité partisane)

    partisan advertising expense

    partisan advertising expense means an expense incurred in relation to

    • (a) the production of a partisan advertising message; and

    • (b) the transmission of a partisan advertising message to the public. (dépenses de publicité partisane)

    periodical publication

    periodical publication means a paper, magazine or periodical that is published periodically or in parts or numbers and that contains public news, intelligence or reports of events, or advertisements. (publication périodique)

    personal information

    personal information means personal information as defined in section 3 of the Privacy Act. (renseignements personnels)

    political affiliation

    political affiliation, in respect of a candidate, means the name of the political party that has endorsed him or her or the word “independent”, as the case may be, included in the nomination paper in accordance with subparagraph 66(1)(a)(v). (appartenance politique)

    political party

    political party means an organization one of whose fundamental purposes is to participate in public affairs by endorsing one or more of its members as candidates and supporting their election. (parti politique)

    polling day

    polling day, in relation to an election, means the date fixed for voting at the election under paragraph 57(1.2)(c) or subsection 59(4) or 77(2). (jour du scrutin)

    polling division

    polling division means a polling division referred to in section 538. (section de vote)

    polling station

    polling station means a place established under section 120, 122, 125, 205, 206, 207, 253 or 255 for electors to cast their votes. (bureau de scrutin)

    potential candidate

    potential candidate means a person whose nomination as a candidate at an election has not been confirmed under subsection 71(1) but who

    • (a) is selected in a nomination contest;

    • (b) is deemed to be a candidate under section 477;

    • (c) is a member or, if Parliament is dissolved, was a member on the day before the dissolution; or

    • (d) has the support of a political party to be a candidate of that party. (candidat potentiel)

    pre-election period

    pre-election period means the period beginning on the June 30 before the day set in accordance with subsection 56.1(2) for the holding of a general election and ending on the day before the earlier of

    • (a) the first day of an election period for a general election, and

    • (b) the 37th day before the Monday referred to in subsection 56.1(2) or, if the Governor in Council makes an order under subsection 56.2(3), the 37th day before the alternate day referred to in that order. (période préélectorale)

    preliminary list of electors

    preliminary list of electors means the list of electors prepared by the Chief Electoral Officer under subsection 93(1). (liste électorale préliminaire)

    prescribed

    prescribed, in relation to a form or a solemn declaration, means one that is authorized by the Chief Electoral Officer. (prescrit)

    recount

    recount means a recount of votes by a judge under Part 14. (dépouillement judiciaire)

    registered agent

    registered agent means a person appointed under subsection 396(1), and includes the chief agent of a registered party. (agent enregistré)

    registered association

    registered association means an electoral district association that is registered in the registry of electoral district associations referred to in section 455. (association enregistrée)

    registered party

    registered party means a political party that is registered in the registry of political parties referred to in section 394 as a registered party. (parti enregistré)

    Register of Electors

    Register of Electors means the Register of Electors established under paragraph 44(1)(a). (Registre des électeurs)

    Register of Future Electors

    Register of Future Electors means the Register of Future Electors established under paragraph 44(1)(b). (Registre des futurs électeurs)

    revised list of electors

    revised list of electors means the list of electors prepared by the returning officer under section 105. (liste électorale révisée)

    spoiled

    spoiled, in relation to a ballot or a special ballot as defined in section 177, means

    • (a) one that has not been deposited in the ballot box but has been found by an election officer or a unit election officer as defined in section 177 to be soiled or improperly printed; or

    • (b) one that is dealt with under subsection 152(1), including in relation to advance polls by virtue of subsection 171(1), or subsection 213(4), 242(1) or 258(3). (annulé)

    volunteer labour

    volunteer labour means any service provided free of charge by a person outside their working hours, but does not include such a service provided by a person who is self-employed if the service is one that is normally charged for by that person. (travail bénévole)

    writ

    writ means a writ of election. (bref)

  • Marginal note:Commercial value of capital assets

    (1.1) For the purposes of this Act, the commercial value of any capital asset that is used during a nomination contest, an election period or a leadership contest, as the case may be, is the lower of

    • (a) the commercial value of the rental of the same kind of asset during the period during which the capital asset was used, and

    • (b) the commercial value of the same kind of asset if one were purchased.

  • Marginal note:No commercial value

    (2) For the purposes of this Act, other than section 477.9, the commercial value of property or a service is deemed to be nil if

    • (a) the property or service is provided by a Canadian citizen, or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, who is not in the business of providing that property or service; and

    • (b) the commercial value of the property or service is $200 or less.

  • Marginal note:Satisfactory proof of identity and residence

    (3) For the purposes of this Act, satisfactory proof of identity and satisfactory proof of residence are established in the manner determined by the Chief Electoral Officer.

  • Marginal note:Time

    (4) A reference to a time of day in this Act is a reference to local time.

  • Marginal note:Descriptive cross-references

    (5) If, in any provision of this Act, a reference to another provision of this Act or a provision of any other Act is followed by words in parentheses that are or purport to be descriptive of the subject-matter of the provision referred to, those words form no part of the provision in which they occur but are inserted for convenience of reference only.

  • Marginal note:Definition of polling day

    (6) If a writ for an election is withdrawn under subsection 59(1) or is deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act, then, in Parts 16.1 and 17 and Divisions 1, 2, 4 and 5 of Part 18, polling day means the day that the writ is withdrawn or deemed to be withdrawn.

  • Marginal note:Definitions of election advertising and partisan advertising

    (7) For the purposes of the definitions election advertising and partisan advertising, promoting or opposing includes

    • (a) in relation to a registered party or eligible party,

      • (i) naming it,

      • (ii) identifying it, including by its logo, and

      • (iii) providing a link to an Internet page that does anything referred to in subparagraphs (i) and (ii); and

    • (b) in relation to the election of a potential candidate, a nomination contestant, a candidate or a leader of a registered party or eligible party,

      • (i) naming him or her,

      • (ii) showing a photograph, cartoon or drawing of him or her,

      • (iii) identifying him or her, including by political affiliation or by any logo that he or she has, and

      • (iv) providing a link to an Internet page that does anything referred to in subparagraphs (i) to (iii).

  • 2000, c. 9, s. 2, c. 12, s. 40
  • 2001, c. 21, s. 1
  • 2002, c. 7, s. 90
  • 2003, c. 19, s. 1
  • 2004, c. 24, s. 1
  • 2006, c. 9, s. 39
  • 2007, c. 21, s. 1
  • 2014, c. 12, ss. 2, 155
  • 2018, c. 20, s. 1
  • 2018, c. 31, s. 2
  • 2018, c. 31, s. 399

PART 1Electoral Rights

Marginal note:Persons qualified as electors

 Every person who is a Canadian citizen and who on polling day is 18 years of age or older is qualified as an elector.

  • 2000, c. 9, s. 3
  • 2018, c. 31, s. 3

 [Repealed, 2018, c. 31, s. 3]

 [Repealed, 2018, c. 31, s. 3]

Marginal note:Persons entitled to vote

 Subject to this Act, every person who is qualified as an elector is entitled to have his or her name included in the list of electors for the polling division in which he or she is ordinarily resident and to vote at the polling station for that polling division.

 [Repealed, 2018, c. 31, s. 4]

Marginal note:Place of ordinary residence

  •  (1) The place of ordinary residence of a person is the place that has always been, or that has been adopted as, his or her dwelling place, and to which the person intends to return when away from it.

  • Marginal note:One place of residence only

    (2) A person can have only one place of ordinary residence and it cannot be lost until another is gained.

  • Marginal note:Person residing outside Canada

    (2.1) The place of ordinary residence of a person who resides outside Canada is their last place of ordinary residence in Canada.

  • Marginal note:Temporary absence

    (3) Temporary absence from a place of ordinary residence does not cause a loss or change of place of ordinary residence.

  • Marginal note:Place of employment

    (4) If a person usually sleeps in one place and has their meals or is employed in another place, their place of ordinary residence is where they sleep.

  • Marginal note:Temporary residence

    (5) Temporary residential quarters are considered to be a person’s place of ordinary residence only if the person has no other place that they consider to be their residence.

  • Marginal note:Temporary residential quarters

    (6) A shelter, hostel or similar institution that provides food, lodging or other social services to a person who has no dwelling place is that person’s place of ordinary residence.

  • 2000, c. 9, s. 8
  • 2018, c. 31, s. 5

Marginal note:Interpretation of ordinary residence

 If the rules set out in section 8 are not sufficient to determine the place of ordinary residence, it shall be determined by the appropriate election officer by reference to all the facts of the case.

Marginal note:Former member candidates and electors living with them

  •  (1) Each candidate at a general election who, on the day before the dissolution of Parliament immediately before the election, was a member, and any elector living with the candidate on that day who would move, or has moved, with the candidate to continue to live with the candidate, is entitled to have his or her name entered on the list of electors for, and to vote at the polling station to which is assigned, the polling division in which is located

    • (a) the place of ordinary residence of the former member; or

    • (b) [Repealed, 2018, c. 31, s. 6]

    • (c) the office of the returning officer for the electoral district in which the former member is a candidate.

    • (d) [Repealed, 2018, c. 31, s. 6]

  • Marginal note:Former member candidates and electors living with them — notice to returning officer

    (2) If a candidate or elector referred to in subsection (1) provides notice to the returning officer, at least two days before polling day, of his or her intention to vote at the polling station, the candidate or elector is entitled to have his or her name entered on the list of electors for, and to vote at the polling station to which is assigned, any polling division in

    • (a) the electoral district in which the former member is a candidate; or

    • (b) the electoral district in the National Capital Region where the former member resides for the purpose of carrying out parliamentary duties.

  • 2000, c. 9, s. 10
  • 2018, c. 31, s. 6

 [Repealed, 2018, c. 31, s. 7]

Marginal note:Residence at by-election

  •  (1) No elector is entitled to vote at a by-election unless his or her place of ordinary residence on polling day is situated in the same electoral district that includes the polling division in which was situated the elector’s place of ordinary residence at the beginning of the revision period established by section 96.

  • Marginal note:Address change within electoral district

    (2) For the purpose of a by-election only and despite anything in this Act, an elector who, during the period between the beginning of the revision period and ending on polling day, has changed his or her place of ordinary residence from one polling division to another polling division in the same electoral district may register his or her name on the list of electors in the new polling division.

PART 2Chief Electoral Officer and Staff

Chief Electoral Officer

Marginal note:Appointment and term of office

  •  (1) There shall be a Chief Electoral Officer who shall be appointed by resolution of the House of Commons to hold office during good behaviour for a term of 10 years. He or she may be removed for cause by the Governor General on address of the Senate and House of Commons.

  • Marginal note:No re-appointment

    (2) A person who has served as Chief Electoral Officer is not eligible for re-appointment to that office.

  • 2000, c. 9, s. 13
  • 2014, c. 12, s. 3

Marginal note:Appointment of substitute

  •  (1) In case of the death, incapacity or negligence of the Chief Electoral Officer while Parliament is not sitting, a substitute Chief Electoral Officer shall, on the application of the Minister, be appointed by order of the Chief Justice of Canada or, in the absence of the Chief Justice of Canada, by the senior judge of the Supreme Court of Canada then present in Ottawa.

  • Marginal note:Tenure of office of substitute

    (2) A substitute Chief Electoral Officer shall act as Chief Electoral Officer until 15 days after the beginning of the next session of Parliament unless the Chief Justice of Canada or the judge who made the order to appoint the substitute Chief Electoral Officer sooner directs that the order be revoked.

  • Marginal note:Absence of Chief Justice

    (3) In the absence of both the Chief Justice of Canada and of the judge who made the order to appoint the substitute Chief Electoral Officer, the order may be revoked by any other judge of the Supreme Court of Canada.

  • Marginal note:Remuneration of substitute

    (4) The substitute Chief Electoral Officer is entitled to be paid the remuneration fixed by the Governor in Council.

Marginal note:Rank, powers and duties

  •  (1) Subject to subsections 509.1(2) and (3), the Chief Electoral Officer shall rank as and have all the powers of a deputy head of a department, shall perform the duties of the office on a full-time basis and shall not hold any other office under Her Majesty or engage in any other employment.

  • Marginal note:Salary and expenses of Chief Electoral Officer

    (2) The Chief Electoral Officer shall be paid a salary equal to the salary of a judge of the Federal Court, other than the Chief Justice of that Court, and is entitled to be paid reasonable travel and living expenses while absent from his or her ordinary place of residence in the course of his or her duties.

  • Marginal note:Superannuation and compensation

    (3) The Chief Electoral Officer is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

  • Marginal note:Communication with Governor in Council

    (4) The Chief Electoral Officer shall communicate with the Governor in Council through the Minister for the purposes of this Act.

  • 2000, c. 9, s. 15
  • 2002, c. 8, s. 116
  • 2003, c. 22, s. 101(E)
  • 2018, c. 31, s. 8

Marginal note:Powers and duties of Chief Electoral Officer

 The Chief Electoral Officer shall

  • (a) exercise general direction and supervision over the conduct of elections;

  • (b) ensure that all election officers act with fairness and impartiality and in compliance with this Act;

  • (c) issue to election officers the instructions that the Chief Electoral Officer considers necessary for the administration of this Act; and

  • (d) exercise the powers and perform the duties and functions that are necessary for the administration of this Act, other than Division 1.1 of Part 16.1.

  • 2000, c. 9, s. 16
  • 2014, c. 12, s. 4

Marginal note:Guidelines and interpretation notes

  •  (1) The Chief Electoral Officer shall, in accordance with this section, issue guidelines and interpretation notes on the application of this Act — other than Division 1.1 of Part 16.1 — to registered parties, registered associations, nomination contestants, candidates and leadership contestants.

  • Marginal note:Application

    (2) The Chief Electoral Officer shall, in accordance with this section, on application by the chief agent of a registered party, issue a guideline or interpretation note on the application of a provision of this Act — other than a provision of Division 1.1 of Part 16.1 — to registered parties, registered associations, nomination contestants, candidates and leadership contestants.

  • Marginal note:Consultations

    (3) Before issuing a guideline or interpretation note, the Chief Electoral Officer shall provide a copy of the proposed guideline or interpretation note to the Commissioner and to the members of the Advisory Committee of Political Parties established by subsection 21.1(1). The Commissioner and those members may provide their written comments to the Chief Electoral Officer within 45 days after the day on which the copy is sent.

  • Marginal note:Comments

    (4) The Chief Electoral Officer shall, in preparing the guideline or interpretation note, take into consideration any comments received under subsection (3).

  • (5) [Repealed, 2018, c. 31, s. 9]

  • (6) [Repealed, 2018, c. 31, s. 9]

  • Marginal note:Issuance

    (7) The Chief Electoral Officer shall issue the guideline or interpretation note by registering it in the registry referred to in section 16.4 as soon as possible after preparing it.

  • Marginal note:Nature of guidelines and interpretation notes

    (8) The guidelines and interpretation notes are issued for information purposes only. They are not binding on registered parties, registered associations, nomination contestants, candidates or leadership contestants.

  • 2014, c. 12, ss. 5, 153
  • 2018, c. 31, s. 9

Marginal note:Application for written opinion

  •  (1) The Chief Electoral Officer shall, in accordance with this section, on application by the chief agent of a registered party, issue a written opinion on the application of any provision of this Act — other than a provision of Division 1.1 of Part 16.1 — to an activity or practice that the registered party or a registered association, nomination contestant, candidate or leadership contestant of the registered party proposes to engage in.

  • Marginal note:Consultations

    (2) Before issuing an opinion, the Chief Electoral Officer shall provide a copy of the proposed opinion to the Commissioner and to the members of the Advisory Committee of Political Parties established by subsection 21.1(1). The Commissioner and those members may provide their written comments to the Chief Electoral Officer within 30 days after the day on which the copy is sent.

  • Marginal note:Comments

    (3) The Chief Electoral Officer shall, in preparing the opinion, take into consideration any comments received under subsection (2).

  • Marginal note:Pre-publication

    (4) Within 90 days after the day on which the application is made, the Chief Electoral Officer shall publish on his or her Internet site for a period of 30 days the opinion as well as a notice stating that the opinion will be issued at the expiry of that period. However, if the 90-day period coincides or overlaps with the election period of a general election, the opinion and the notice shall be published no later than 90 days after polling day for that election.

  • Marginal note:Issuance

    (5) On the expiry of the 30-day period referred to in subsection (4), the Chief Electoral Officer shall issue the opinion by registering it in the registry referred to in section 16.4.

  • Marginal note:Opinion binding

    (6) If all the material facts have been submitted by an applicant for an opinion and they are accurate, the opinion issued by the Chief Electoral Officer under this section is binding on the Chief Electoral Officer and the Commissioner with respect to the activity or practice of the registered party, registered association, nomination contestant, candidate or leadership contestant in question. It remains binding for as long as the material facts on which it was based remain substantially unchanged and the activity or practice is carried out substantially as proposed.

  • Marginal note:Precedential value

    (7) An opinion issued by the Chief Electoral Officer under this section has precedential value for the Chief Electoral Officer and the Commissioner.

  • Marginal note:Contrary interpretation

    (8) The opinion remains binding in accordance with subsection (6), and has the precedential value referred to in subsection (7), for as long as a contrary interpretation has not been subsequently issued by means of a guideline or interpretation note issued under section 16.1 or an opinion issued under this section.

  • 2014, c. 12, ss. 5, 153
  • 2018, c. 31, s. 10

Marginal note:New interpretation

 If an opinion that is published under subsection 16.2(4) interprets a provision of the Act in a way that contradicts an interpretation of that provision provided in a previously issued opinion, the new interpretation does not replace the former interpretation until the date that the new opinion is issued under section 16.2.

  • 2014, c. 12, s. 5
  • 2018, c. 31, s. 11

Marginal note:Registry

 The Chief Electoral Officer shall establish and maintain a registry on his or her Internet site that contains every guideline and interpretation note that is issued under section 16.1, every opinion that is issued under section 16.2 and all comments of the Commissioner that are provided under subsection 16.1(3) or 16.2(2).

  • 2014, c. 12, s. 5
  •  (1) [Repealed, 2018, c. 31, s. 12]

  • Marginal note:Obligation to disclose documents and information

    (2) On the request of the Commissioner, the Chief Electoral Officer shall disclose to the Commissioner any document or information that the Chief Electoral Officer obtained under this Act and that the Commissioner considers necessary to the exercise or performance of his or her powers, duties and functions under this Act.

  • 2014, c. 12, s. 5.1
  • 2018, c. 31, s. 12

Marginal note:Power to adapt Act

  •  (1) During an election period or within 30 days after it, if an emergency, an unusual or unforeseen circumstance or an error makes it necessary, the Chief Electoral Officer may, for the sole purpose of enabling electors to exercise their right to vote or enabling the counting of votes, adapt any provision of this Act and, in particular, may extend the time for doing any act, subject to subsection (2), or may increase the number of election officers or polling stations.

  • Marginal note:Limitation — power to adapt

    (2) The Chief Electoral Officer shall not extend the voting hours at an advance polling station or, subject to subsection (3), the voting hours on polling day.

  • Marginal note:Emergency — extending voting hours

    (3) If voting at a polling station is interrupted on polling day by an emergency and the Chief Electoral Officer is satisfied that, if the voting hours at the polling station are not extended, a substantial number of electors will not be able to vote, the Chief Electoral Officer shall extend the voting hours at the polling station for the period the Chief Electoral Officer considers necessary to give those electors a reasonable opportunity to vote, as long as the polling station does not in any case

    • (a) close later than midnight on polling day; or

    • (b) remain open during polling day for a total of more than 12 hours.

  • 2000, c. 9, s. 17
  • 2007, c. 21, s. 2
  • 2014, c. 12, s. 6

 [Repealed, 2018, c. 31, s. 13]

Marginal note:Public education and information programs

  •  (1) The Chief Electoral Officer may implement public education and information programs to make the electoral process better known to the public, particularly to those persons and groups most likely to experience difficulties in exercising their democratic rights.

  • Marginal note:Communication with public

    (1.1) The Chief Electoral Officer may, using any media or other means that he or she considers appropriate, provide the public, both inside and outside Canada, with information relating to Canada’s electoral process and the democratic rights to vote and to be a candidate.

  • Marginal note:Information outside Canada

    (1.2) The Chief Electoral Officer may establish programs to disseminate information outside Canada concerning how to vote under Part 11.

  • Marginal note:Communication with electors with a disability

    (2) The Chief Electoral Officer shall ensure that any information on the following that is provided under subsections (1) to (1.2) in an advertising message is accessible to electors with a disability:

    • (a) how to become a candidate;

    • (b) how an elector may have their name added to a list of electors and may have corrections made to information respecting them on the list;

    • (c) how an elector may vote under section 127 and the times, dates and locations for voting;

    • (d) how an elector may prove their identity and residence in order to vote, including the pieces of identification that they may use to that end; and

    • (e) the measures for assisting electors with a disability to access a polling station or advance polling station or to mark a ballot.

  • Marginal note:Communication with future electors with a disability

    (2.1) If the Chief Electoral Officer provides, in an advertising message, any information under subsections (1) and (1.1) on how a future elector may have their name added to the Register of Future Electors and may have corrections made to information respecting them in that register, the Chief Electoral Officer shall ensure that the information is accessible to future electors with a disability.

  • Marginal note:Unsolicited calls

    (3) The Chief Electoral Officer shall not provide information under this section by the use of calls, as defined in section 348.01, that are unsolicited.

  • 2000, c. 9, s. 18
  • 2014, c. 12, s. 7
  • 2018, c. 31, s. 14

Marginal note:International cooperation

 The Chief Electoral Officer may provide assistance and cooperation in electoral matters to electoral agencies in other countries or to international organizations.

  • 2014, c. 12, s. 8
  • 2018, c. 31, s. 15

Marginal note:Voting studies

  •  (1) The Chief Electoral Officer may carry out studies on voting, including studies respecting alternative voting means.

  • Marginal note:Alternative voting

    (2) The Chief Electoral Officer may devise and test an alternative voting process for future use in an election.

  • Marginal note:Voting technology — electors with a disability

    (3) The Chief Electoral Officer shall develop, obtain or adapt voting technology for use by electors with a disability, and may test the technology for future use in an election.

  • Marginal note:Prior approval

    (4) Neither an alternative voting process nor voting technology tested under subsection (2) or (3) may be used in an election without the prior approval of the committees of the Senate and of the House of Commons that normally consider electoral matters.

  • 2000, c. 9, s. 18.1
  • 2001, c. 21, s. 2
  • 2014, c. 12, s. 8
  • 2018, c. 31, s. 15

Marginal note:Power to enter into contracts, etc.

  •  (1) The Chief Electoral Officer may enter into contracts, memoranda of understanding or other arrangements in the name of Her Majesty in right of Canada or in the Chief Electoral Officer’s name in the exercise or performance of his or her powers, duties and functions under this Act or any other Act of Parliament.

  • Marginal note:Leases

    (2) The Chief Electoral Officer may authorize a returning officer to enter into a lease in the Chief Electoral Officer’s name, subject to any terms and conditions that the Chief Electoral Officer specifies.

  • Marginal note:Contracts, etc., binding on Her Majesty

    (3) Every contract, memorandum of understanding and arrangement entered into in the Chief Electoral Officer’s name is binding on Her Majesty in right of Canada to the same extent as it is binding on the Chief Electoral Officer.

  • Marginal note:Goods and services

    (4) Despite section 9 of the Department of Public Works and Government Services Act, the Chief Electoral Officer may procure goods and services from outside the federal public administration.

  • 2014, c. 12, s. 8
  • 2018, c. 31, s. 16

Marginal note:Signature

 A requirement under a provision of this Act for a signature may be satisfied in any manner that the Chief Electoral Officer authorizes.

  • 2014, c. 12, s. 9

Staff

Marginal note:Staff

 The staff of the Chief Electoral Officer consists of employees appointed in accordance with the Public Service Employment Act.

  • 2000, c. 9, s. 19
  • 2003, c. 22, s. 102(E)
  • 2018, c. 31, s. 17

Marginal note:Technical assistance

  •  (1) The Chief Electoral Officer may engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to the Chief Electoral Officer’s work to advise and assist him or her in the exercise or performance of his or her powers, duties and functions under this or any other Act of Parliament and, with the Treasury Board’s approval, may fix and pay those persons’ remuneration and expenses.

  • Marginal note:Casual and temporary staff

    (2) Any additional employees that the Chief Electoral Officer considers necessary for the exercise or performance of his or her powers, duties and functions under this Act that are related to the preparation for, and the conduct of, an election may be employed on a casual or temporary basis in accordance with the Public Service Employment Act.

  • 2000, c. 9, s. 20
  • 2014, c. 12, s. 10
  • 2018, c. 31, s. 18

Marginal note:Delegation

 The Chief Electoral Officer may delegate to any member of his or her staff, subject to any limitations that he or she may specify, any of his or her powers, duties and functions under this or any other Act of Parliament, except the power to delegate.

  • 2000, c. 9, s. 21
  • 2018, c. 31, s. 19

Advisory Committee of Political Parties

Marginal note:Establishment

  •  (1) A committee is established, to be known as the Advisory Committee of Political Parties, consisting of the Chief Electoral Officer and two representatives of each registered party appointed by the party’s leader.

  • Marginal note:Purpose

    (2) The purpose of the committee is to provide the Chief Electoral Officer with advice and recommendations relating to elections and political financing.

  • Marginal note:Advice and recommendations not binding

    (3) The committee’s advice and recommendations are not binding on the Chief Electoral Officer.

  • Marginal note:Meetings

    (4) The committee shall meet at least once a year and its meetings shall be presided over by the Chief Electoral Officer.

  • 2014, c. 12, s. 11

PART 3Election Officers

General

Marginal note:Election officers

  •  (1) The following persons are election officers:

    • (a) field liaison officers appointed under section 23.2;

    • (a.1) returning officers appointed under subsection 24(1);

    • (b) assistant returning officers appointed under subsection 26(1) or 28(5) and additional assistant returning officers appointed under subsection 30(1);

    • (c) persons authorized by a returning officer under section 27 to exercise powers or perform duties under this Act;

    • (c.1) persons designated pursuant to subsection 28(3.1);

    • (d) [Repealed, 2018, c. 31, s. 20]

    • (e) [Repealed, 2018, c. 31, s. 20]

    • (f) [Repealed, 2018, c. 31, s. 20]

    • (g) [Repealed, 2018, c. 31, s. 20]

    • (g.1) [Repealed, 2018, c. 31, s. 20]

    • (h) [Repealed, 2018, c. 31, s. 20]

    • (i) [Repealed, 2018, c. 31, s. 20]

    • (j) [Repealed, 2018, c. 31, s. 20]

    • (k) [Repealed, 2018, c. 31, s. 20]

    • (l) the special voting rules administrator appointed under section 181;

    • (m) special ballot officers appointed under subsection 183(1) or section 184; and

    • (n) liaison officers for correctional institutions appointed under subsection 248(1).

    • (o) [Repealed, 2018, c. 31, s. 20]

  • Marginal note:Election officers — exclusions

    (2) For greater certainty, a representative of a candidate who is present at a polling station is not an election officer.

  • Marginal note:Who shall not be appointed election officers

    (3) The following persons shall not be appointed as an election officer:

    • (a) a minister of the Crown or a member of the executive council of a province;

    • (b) a member of the Senate or the House of Commons;

    • (c) a member of the legislative assembly of a province;

    • (d) a judge or deputy judge of any superior court or any bankruptcy or insolvency court and, in Yukon and the Northwest Territories, a judge of the Supreme Court;

    • (d.1) a person who was a candidate at the last general election or at a by-election held since the last general election;

    • (e) a person who has served in Parliament in the session immediately before the election or in the session in progress at the time of the election; and

    • (f) a person who, within seven years before the proposed appointment, has been found guilty of any offence under this Act or the Referendum Act, or a regulation made under the Referendum Act, or under an Act of the legislature of a province, or a regulation made under an Act of the legislature of a province, relating to provincial, municipal or school board elections.

  • Marginal note:Qualifications

    (4) An election officer must be qualified as an elector, and an election officer referred to in paragraph (1)(a.1) or (b) must reside in the electoral district in which he or she is to exercise powers or perform duties under this Act or in an adjacent electoral district.

  • Marginal note:Election officers younger than 18

    (5) Despite subsection (4), an election officer appointed under section 32 may be under 18 years of age but must be at least 16 years of age.

  • Marginal note:Prohibition — acting as election officer

    (6) No person shall act as an election officer knowing that they do not meet the requirements for an election officer set out in this section.

  • 2000, c. 9, s. 22
  • 2002, c. 7, s. 91
  • 2006, c. 9, s. 173
  • 2014, c. 2, s. 48, c. 12, s. 12
  • 2018, c. 31, s. 20

Marginal note:Solemn declaration

  •  (1) Before assuming duties, an election officer shall make, in writing, a solemn declaration, in the prescribed form, that he or she will exercise the powers and perform the duties of the office in an impartial manner.

  • Marginal note:Prohibition

    (2) No election officer shall communicate information, or use personal information, that is obtained in the course of exercising his or her powers or performing his or her duties under this Act, other than for a purpose related to the exercise of those powers or the performance of those duties.

  • Marginal note:Sending of solemn declarations

    (3) The returning officer shall send his or her solemn declaration and that of the assistant returning officer without delay to the Chief Electoral Officer.

  • 2000, c. 9, s. 23
  • 2018, c. 31, s. 21

Marginal note:Unsolicited calls

 An election officer shall not communicate with the public by the use of calls, as defined in section 348.01, that are unsolicited.

  • 2014, c. 12, s. 13

Field Liaison Officers

Marginal note:Appointment of field liaison officers

  •  (1) The Chief Electoral Officer may appoint a field liaison officer in respect of a given geographical area in accordance with the process established under subsection (2) and may remove him or her only in accordance with the procedure established under that subsection.

  • Marginal note:Qualifications

    (2) The Chief Electoral Officer shall prescribe the qualifications for the appointment of persons as field liaison officers and shall establish for field liaison officers an external appointment process as defined in subsection 2(1) of the Public Service Employment Act on the basis of merit and a fair procedure for their removal on the grounds set out in subsection (9).

  • Marginal note:Meaning of merit

    (3) The appointment of a person as a field liaison officer is made on the basis of merit if the Chief Electoral Officer is satisfied that the person meets the essential qualifications for the work to be performed and has regard to

    • (a) any additional qualifications that the Chief Electoral Officer considers to be an asset for the work to be performed; and

    • (b) any current or future operational requirements.

  • Marginal note:Period of appointment

    (4) A field liaison officer shall be appointed for the period determined by the Chief Electoral Officer.

  • Marginal note:Re-appointment

    (5) The Chief Electoral Officer may re-appoint any field liaison officer who has performed the functions of a field liaison officer in a satisfactory manner, regardless of whether or not other persons are considered for the appointment.

  • Marginal note:Continuation in office

    (6) A field liaison officer may, with the Chief Electoral Officer’s approval, continue in office after the expiry of the period referred to in subsection (4) until the field liaison officer is re-appointed or another person is appointed to the office.

  • Marginal note:Responsibilities

    (7) A field liaison officer is responsible, under the Chief Electoral Officer’s general direction, in respect of the geographical area to which they are assigned, for

    • (a) providing support to returning officers;

    • (b) acting as an intermediary between the returning officers and the Office of the Chief Electoral Officer; and

    • (c) on the Chief Electoral Officer’s request, providing support in relation to the appointment of returning officers.

  • Marginal note:No partisan conduct

    (8) No field liaison officer shall knowingly engage in politically partisan conduct and in particular shall not make a contribution to a nomination contestant, a candidate or a leadership contestant or belong to or make a contribution to, be an employee of or hold a position in, a registered party, an eligible party or an electoral district association.

  • Marginal note:Removal from office

    (9) The Chief Electoral Officer may remove from office any field liaison officer who

    • (a) is incapable, by reason of illness, disability or otherwise, of satisfactorily exercising their powers or performing their duties under this Act;

    • (b) fails to competently exercise a field liaison officer’s powers or competently perform a field liaison officer’s duties under this Act or to comply with an instruction of the Chief Electoral Officer issued under paragraph 16(c); or

    • (c) contravenes subsection (8), whether or not the contravention occurs in the exercise of their powers or the performance of their duties under this Act.

  • 2014, c. 12, s. 13
  • 2018, c. 31, s. 22

Returning Officers and Assistant Returning Officers

Marginal note:Appointment of returning officers

  •  (1) The Chief Electoral Officer shall appoint a returning officer for each electoral district in accordance with the process established under subsection (1.1) and may only remove him or her in accordance with the procedure established under that subsection.

  • Marginal note:Qualifications

    (1.1) The Chief Electoral Officer shall prescribe the qualifications for the appointment of persons as returning officers, and shall establish for returning officers an external appointment process within the meaning of subsection 2(1) of the Public Service Employment Act on the basis of merit and a fair procedure for their removal on the grounds set out in subsection (7).

  • Marginal note:Meaning of merit

    (1.2) The appointment of a person as a returning officer is made on the basis of merit if the Chief Electoral Officer is satisfied that the person meets the essential qualifications for the work to be performed and has regard to

    • (a) any additional qualifications that the Chief Electoral Officer considers to be an asset for the work to be performed; and

    • (b) any current or future operational requirements.

  • Marginal note:Term of office

    (1.3) A returning officer shall be appointed for a term of ten years.

  • Marginal note:New term

    (1.4) The Chief Electoral Officer may, after consultation with the leader of every recognized political party in the House of Commons, appoint for a new term any returning officer who has performed the functions of a returning officer in a satisfactory manner, whether or not other persons are considered for the appointment, if the office of returning officer is vacant by reason of

    • (a) the expiry of the returning officer’s term of office; or

    • (b) the revision of the boundaries of the electoral district as a result of a representation order made under section 25 of the Electoral Boundaries Readjustment Act.

  • Marginal note:Continuation in office

    (1.5) A returning officer may, with the approval of the Chief Electoral Officer, continue in office after his or her term expires until he or she is reappointed or until another person is appointed to the office.

  • Marginal note:Responsibility of returning officer

    (2) A returning officer is responsible, under the general direction of the Chief Electoral Officer, for the preparation for and conduct of an election in his or her electoral district.

  • Marginal note:Obligation to act to enable elections to be held

    (3) Every returning officer to whom a writ is directed shall, on its receipt, or on notification by the Chief Electoral Officer of its issue, cause to be promptly taken any of the proceedings directed by this Act that are necessary in order that the election may be regularly held.

  • Marginal note:Vacancy

    (4) The office of returning officer does not become vacant unless the returning officer dies, resigns, is removed from office, reaches the end of his or her term of office or ceases to reside in the electoral district, or unless the boundaries of the electoral district are revised as a result of a representation order made under section 25 of the Electoral Boundaries Readjustment Act.

  • Marginal note:Resignation

    (5) A returning officer who intends to resign shall give written notice to that effect to the Chief Electoral Officer and the resignation is effective only when it is accepted by the Chief Electoral Officer.

  • Marginal note:No partisan conduct

    (6) No returning officer shall, while in office, knowingly engage in politically partisan conduct and in particular shall not make a contribution to a nomination contestant, a candidate or a leadership contestant or belong to or make a contribution to, be an employee of or hold a position in, a registered party, an eligible party or an electoral district association.

  • Marginal note:Removal from office

    (7) The Chief Electoral Officer may remove from office any returning officer who

    • (a) is incapable, by reason of illness, disability or otherwise, of satisfactorily exercising his or her powers or performing his or her duties under this Act;

    • (b) fails to competently exercise a returning officer’s power or competently perform a returning officer’s duty under this Act or to comply with an instruction of the Chief Electoral Officer described in paragraph 16(c);

    • (c) fails to complete the revision of the boundaries of the polling divisions in their electoral district as instructed by the Chief Electoral Officer under subsection 538(3); or

    • (d) contravenes subsection (6), whether or not the contravention occurs in the exercise of his or her powers or the performance of his or her duties under this Act.

  • Marginal note:Temporary suspension

    (8) The Chief Electoral Officer may temporarily suspend from office a returning officer for any grounds set out in subsection (7).

  • Marginal note:Duration of suspension

    (9) The period of suspension expires at the end of the period that the Chief Electoral Officer considers appropriate. However, if a procedure is commenced — either before or during the period of suspension — that could lead to the returning officer’s removal, the period of suspension expires on the day on which the Chief Electoral Officer makes his or her final decision in that regard.

  • 2000, c. 9, s. 24
  • 2003, c. 19, s. 2
  • 2006, c. 9, s. 174
  • 2011, c. 26, s. 13
  • 2014, c. 12, s. 14
  • 2018, c. 31, s. 23

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) Without delay after being appointed, a returning officer shall, with the Chief Electoral Officer’s prior approval of the individual proposed to be appointed, appoint an assistant returning officer, who shall hold office at pleasure.

  • 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
  • 2018, c. 31, s. 24

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 exercise any of the powers or perform any of the duties of a returning officer under this Act, except those described in subsection 24(3), sections 62 and 63, subsection 71(1), sections 71.1, 74, 77, 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
  • 2018, c. 31, s. 25

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 — suspension of returning officer

    (3.01) If a returning officer is under suspension during the six months before the day set in accordance with subsection 56.1(2) for the holding of a general election or during any election period that falls in whole or in part outside that six-month 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, exercise the powers and perform the duties of a returning officer in relation to that election.

  • Marginal note:Designated person to act — absence of returning and assistant returning officers

    (3.1) If, during the six months before the day set in accordance with subsection 56.1(2) for the holding of a general election or during any election period that falls in whole or in part outside that six-month period, a returning officer is absent or unable to act or a returning officer’s office is vacant and, at the same time, the assistant returning officer is absent or unable to act or the assistant returning officer’s office is vacant, 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, exercise the powers and 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
  • 2018, c. 31, s. 26

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 shall without delay appoint a substitute with the Chief Electoral Officer’s prior approval.

  • 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 or, if the office of returning officer is vacant, to the Chief Electoral Officer.

  • 2000, c. 9, s. 29
  • 2018, c. 31, s. 27

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) is not an assistant returning officer for the purposes of subsections 28(1), 60(2), 70(1) and 293(1).

  • 2000, c. 9, s. 30
  • 2018, c. 31, s. 28

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

Marginal note:Election officers

  •  (1) Subject to subsections (2) and (3) and 33(2) and (3), a returning officer shall, after the issue of the writ, appoint in accordance with the Chief Electoral Officer’s instructions the election officers that the returning officer considers necessary for exercising election officers’ powers and performing election officers’ duties under this Act in the returning officer’s electoral district.

  • Marginal note:Appointment before issue of writ

    (2) A returning officer may, in accordance with the Chief Electoral Officer’s instructions, appoint election officers before the issue of the writ if the returning officer considers that it is desirable to do so for the purpose of training and preparing them to exercise their powers and perform their duties under this Act after the issue of the writ.

  • Marginal note:Maximum number of election officers appointed

    (3) Before the eighth day after the issue of the writ, a returning officer shall not appoint more than half the number of election officers referred to in subsection (1).

  • 2000, c. 9, s. 32
  • 2001, c. 21, s. 3(E)
  • 2018, c. 31, s. 29

 [Repealed, 2018, c. 31, s. 29]

Marginal note:Solicitation of names

  •  (1) As soon as possible after the issue of the writ, a returning officer shall solicit names of persons suitable to be election officers from the candidates of registered parties that endorsed candidates in the last election in the electoral district or from the registered associations of those registered parties — or, if such a registered party has no registered association in that electoral district, from that registered party.

  • Marginal note:Persons whose names are provided to be appointed

    (2) If the number of names provided under subsection (1) within seven days after the issue of the writ is less than, or equal to, the number of election officers remaining to be appointed under subsection 32(1) after the returning officer has appointed election officers under section 32, the returning officer shall, subject to subsection 37(1), appoint the persons named as election officers.

  • Marginal note:Proportional distribution

    (3) If the number of names provided under subsection (1) within seven days after the issue of the writ is more than the number of election officers remaining to be appointed under subsection 32(1) after the returning officer has appointed election officers under section 32, the returning officer shall, subject to subsection 37(1), appoint from those names the election officers remaining to be appointed as far as possible in the proportion of the votes received in the last election in the electoral district by the candidates of the registered parties whose candidates or registered associations provided names under subsection (1), or that themselves provided names under that subsection, as the case may be.

  • Marginal note:Removal or replacement

    (4) If a returning officer removes or replaces an election officer, the former election officer shall return all election documents and election materials in his or her possession to the returning officer or to an authorized person.

  • Marginal note:Lists of election officers

    (5) Each returning officer shall make available to each candidate, on completion of the list, a list of the election officers for the electoral district who will be responsible for assisting the returning officer or assistant returning officer in the revision of lists of electors under Part 7.

  • Marginal note:Identification

    (6) Each election officer shall, while exercising his or her powers or performing his or her duties, wear or carry the identification that is supplied by the Chief Electoral Officer and shall show it on request.

  • 2000, c. 9, s. 33
  • 2018, c. 31, s. 29

 [Repealed, 2018, c. 31, s. 29]

 [Repealed, 2018, c. 31, s. 29]

 [Repealed, 2018, c. 31, s. 29]

Marginal note:Refusal to appoint

  •  (1) A returning officer may, on reasonable grounds, refuse to appoint as an election officer a person recommended by a candidate or by a registered association or registered party and shall immediately advise the candidate, association or party of the refusal.

  • Marginal note:Recommendation of another person

    (2) If as a result of the refusal a position is not filled and there are no more persons whose names were provided by the candidate, registered association or registered party under subsection 33(1) who may be appointed under subsection 33(2) or (3), the candidate, association or party may recommend another person within 24 hours after being advised of the refusal.

  • 2000, c. 9, s. 37
  • 2014, c. 12, s. 20
  • 2018, c. 31, s. 29

Marginal note:Record of election officers’ powers and duties

 A returning officer shall keep a record of the powers and duties that he or she has assigned to each election officer, and of the time at which or during which each election officer is to exercise a power or perform a duty assigned to him or her.

  • 2000, c. 9, s. 38
  • 2018, c. 31, s. 29

Marginal note:Election officers

 An election officer shall exercise or perform, in accordance with the Chief Electoral Officer’s instructions, any power or duty assigned to him or her by a returning officer.

  • 2000, c. 9, s. 39
  • 2014, c. 12, s. 21
  • 2018, c. 31, s. 29

Equality of Votes

Marginal note:List of names to be provided

 The registered parties that have the right to provide the returning officer with lists of names of suitable persons to be appointed as election officers for the purposes of a by-election under subsection 29(1.1) of the Parliament of Canada Act because of an equality of votes are the same registered parties as those who had that right for the purposes of the election that resulted in the equality of votes.

New Electoral Districts

Marginal note:Results transposed

  •  (1) When a new electoral district is established, the Chief Electoral Officer shall transpose the results from the previous general election to the polling divisions that are in the new electoral district in order to determine which registered parties’ candidates, registered associations or registered parties have the right to provide the returning officer for that electoral district with lists of persons to be appointed as election officers.

  • (2) [Repealed, 2018, c. 31, s. 30]

  • (3) [Repealed, 2018, c. 31, s. 30]

  • Marginal note:Notice

    (4) When the Chief Electoral Officer has determined which candidates, registered associations or registered parties have the right to provide lists of names under subsection (1), he or she shall notify those registered parties without delay of that right.

  • 2000, c. 9, s. 41
  • 2014, c. 12, s. 22
  • 2018, c. 31, s. 30

Merger of Registered Parties

Marginal note:Attribution of votes for appointments

 For the purposes of subsection 33(3) and section 41, in a case in which a registered party that endorsed a candidate in the last election merges with one or more parties that were registered parties at the last election,

  • (a) the merged party is deemed to have endorsed a candidate in the last election in the electoral district; and

  • (b) that candidate is deemed to have received the same number of votes as the candidate who, among the candidates of the merging parties, received the largest number of votes at that election.

  • 2000, c. 9, s. 42
  • 2018, c. 31, s. 31

Prohibitions

Marginal note:Prohibitions

 No person shall

  • (a) knowingly obstruct an election officer in the exercise of his or her powers or the performance of his or her duties;

  • (b) without authority, use identification simulating that used by an election officer or intended to replace that prescribed by the Chief Electoral Officer for that purpose; or

  • (c) having been removed or replaced as an election officer, fail to return any election documents or election materials in his or her possession to the returning officer or to an authorized person.

  • 2000, c. 9, s. 43
  • 2018, c. 31, s. 32

Marginal note:Right of access

  •  (1) No person who is in control of an apartment building, condominium building or other multiple-residence building or a gated community shall prevent an election officer or a member of the staff of a returning officer from obtaining access to the building or gated community, as the case may be, between 9:00 a.m. and 9:00 p.m., to exercise his or her powers or perform his or her duties under this Act.

  • Marginal note:Exception

    (2) Subsection (1) does not apply in respect of a person who is in control of a multiple-residence building whose residents’ physical or emotional well-being may be harmed as a result of permitting the activities referred to in that subsection.

  • 2007, c. 21, s. 3
  • 2018, c. 31, s. 33(E)

PART 4Register of Electors and Register of Future Electors

Maintenance and Communication

Marginal note:Maintenance of Registers

  •  (1) The Chief Electoral Officer shall maintain

    • (a) a register of persons who are qualified as electors, to be known as the Register of Electors; and

    • (b) a register of persons who are qualified as future electors, to be known as the Register of Future Electors.

  • Marginal note:Contents of Registers

    (2) The Register of Electors and the Register of Future Electors shall contain, for each elector or future elector who is included in it, as the case may be, his or her surname, given names, gender, date of birth, civic address, mailing address and any other information that is provided under subsections 49(2), 211.2(4), 223(2), 233(2) and 251(3).

  • Marginal note:Identifier

    (3) The Register of Electors and the Register of Future Electors shall also contain, for each elector or future elector, as the case may be, a unique, randomly generated identifier that is assigned by the Chief Electoral Officer.

  • Marginal note:Future electors becoming electors

    (4) Subject to subsection (5), the Register of Future Electors may continue to contain information about a former future elector after he or she becomes an elector until he or she is included in the Register of Electors.

  • Marginal note:Inclusion optional

    (5) Inclusion in the Register of Electors and the Register of Future Electors is optional.

  • Marginal note:Parental consent not necessary

    (6) A future elector’s inclusion in the Register of Future Electors does not require the consent of the future elector’s parents or guardian or tutor.

  • 2000, c. 9, s. 44
  • 2001, c. 21, s. 4
  • 2007, c. 21, s. 4
  • 2018, c. 31, s. 36

Marginal note:Lists to members and registered parties

  •  (1) By November 15 in each year, the Chief Electoral Officer shall make available to the member for each electoral district and, on request, to each registered party that endorsed a candidate in the electoral district in the last election, a copy — taken from the Register of Electors — in electronic form, or in formats that include electronic form, of the lists of electors for the electoral district.

  • Marginal note:Contents of lists of electors

    (2) The lists of electors shall set out each elector’s surname, given names, civic address and mailing address, and the identifier that is assigned to the elector by the Chief Electoral Officer and shall be arranged in the form established by the Chief Electoral Officer according to the civic addresses of the electors or, if that is not appropriate, in alphabetical order by their surnames.

  • Marginal note:Exception

    (3) This section does not apply if November 15 falls during an election period or if the vote at a general election was held during the six months before that date.

  • Marginal note:Merger of parties

    (4) For the purpose of subsection (1), a registered party that is the result of a merger of two or more registered parties is deemed to have endorsed a candidate in the last election if one of the merging parties so endorsed a candidate.

  • 2000, c. 9, s. 45
  • 2007, c. 21, s. 5
  • 2018, c. 31, s. 37

Updates

Marginal note:Sources of information

  •  (1) The Register of Electors and the Register of Future Electors shall be updated from

    • (a) information

      • (i) that electors or future electors, as the case may be, have given the Chief Electoral Officer, or

      • (ii) that is held by a federal department or body and that electors or future electors, as the case may be, have expressly authorized to be given to the Chief Electoral Officer; and

    • (b) information that the Chief Electoral Officer considers reliable and necessary for updating the surname, given names, gender, date of birth, civic address and mailing address of electors and future electors included in the Register of Electors or Register of Future Electors, as the case may be, and that

      • (i) is held under an Act of the legislature of a province mentioned in Schedule 2, or

      • (ii) comes from any other source mentioned in Schedule 2.

  • Marginal note:Source of information: Register of Future Electors

    (1.01) The Register of Electors shall be updated from information that the Chief Electoral Officer holds in the Register of Future Electors about future electors who become electors.

  • Marginal note:Retention of certain information

    (1.1) The Chief Electoral Officer may retain information collected under paragraph (1)(b), but not included in the Register of Electors or Register of Future Electors, for the purpose of correlating information subsequently collected with information already contained in the relevant register.

  • Marginal note:Amendments to Schedule 2

    (2) The Chief Electoral Officer may at any time amend Schedule 2 by adding, changing or deleting the name of an Act of the legislature of a province or of any other source of information, but no such amendment comes into force until notice of it is published in the Canada Gazette.

  • 2000, c. 9, s. 46
  • 2007, c. 21, s. 6
  • 2018, c. 31, s. 39

Marginal note:Information from Minister of Citizenship and Immigration

 Despite subparagraph 46(1)(a)(ii), for the purpose of assisting the Chief Electoral Officer in updating the Register of Electors, including by deleting the name of a person who is not an elector, the Minister of Citizenship and Immigration may, at the request of the Chief Electoral Officer in writing, provide the Chief Electoral Officer with any of the following information, in relation to a person, that is contained in databases maintained by the Department of Citizenship and Immigration that relate to permanent residents and foreign nationals as those terms are defined in subsection 2(1) of the Immigration and Refugee Protection Act and with the date when the information referred to in paragraph (d) was included or updated in those databases:

  • (a) his or her surname and given names;

  • (b) his or her gender;

  • (c) his or her date of birth;

  • (d) his or her addresses; and

  • (e) any unique identifier that that Minister has assigned to him or her under that Act.

  • 2018, c. 31, s. 40

Marginal note:Citizenship information

 For the purpose of assisting the Chief Electoral Officer in updating the Register of Electors or Register of Future Electors, the Minister of National Revenue may, on a return of income referred to in subsection 150(1) of the Income Tax Act, request that an individual who is filing a return of income under paragraph 150(1)(d) of that Act indicate in the return whether he or she is a Canadian citizen.

  • 2007, c. 21, s. 7
  • 2018, c. 31, s. 40

Marginal note:Information in respect of deceased individuals

 For the purpose of updating the Register of Electors or Register of Future Electors, the Minister of National Revenue shall, at the request of the Chief Electoral Officer, provide the name, date of birth and address of any individual to whom paragraph 150(1)(b) of the Income Tax Act applies if that individual has, in his or her last return of income filed under paragraph 150(1)(d) of that Act, authorized that Minister to provide his or her name, date of birth and address to the Chief Electoral Officer for the relevant register.

  • 2007, c. 21, s. 7
  • 2018, c. 31, s. 40

Marginal note:Duty of returning officer

 During the election period, each returning officer shall update the Register of Electors from the information that he or she obtains under this Act, other than information in relation to an elector with respect to whom an application has been granted under subsection 233(1.1).

Marginal note:Other duties

 Between election periods, a returning officer shall perform any duties related to the updating of the Register of Electors or Register of Future Electors that are requested by the Chief Electoral Officer.

  • 2007, c. 21, s. 8
  • 2018, c. 31, s. 41

Marginal note:Adding electors and future electors

  •  (1) The Chief Electoral Officer shall, before including an elector in the Register of Electors or a future elector in the Register of Future Electors, send him or her the Chief Electoral Officer’s information relating to him or her and ask if he or she wishes to be included in the relevant register.

  • Marginal note:Obligation of elector or future elector

    (2) An elector or future elector who wishes to be included in the relevant register shall confirm, correct or complete the information, in writing, and give it to the Chief Electoral Officer along with a signed certification that he or she is qualified as an elector or as a future elector, as the case may be.

  • Marginal note:Exceptions

    (3) This section does not apply in respect of the inclusion of an elector or future elector that is

    • (a) done at his or her request;

    • (b) done using information from lists of electors or future electors established under provincial law that contain information that the Chief Electoral Officer considers sufficient for the elector’s or future elector’s inclusion; or

    • (c) done using information to update the Register of Electors under subsection 46(1.01).

  • 2000, c. 9, s. 48
  • 2018, c. 31, s. 41

Marginal note:Listing requests

  •  (1) Any person may at any time request the Chief Electoral Officer to include him or her in the Register of Electors or Register of Future Electors, by providing

    • (a) a signed certification that he or she is qualified as an elector or as a future elector, as the case may be;

    • (b) his or her surname, given names, gender, date of birth, civic address and mailing address; and

    • (c) satisfactory proof of identity.

  • Marginal note:Optional information

    (2) In addition to the information referred to in subsection (1), the Chief Electoral Officer may invite the elector or future elector to give any other information that the Chief Electoral Officer considers necessary to implement any agreements entered into under section 55, but the elector or future elector is not required to do so.

  • 2000, c. 9, s. 49
  • 2018, c. 31, s. 41

Marginal note:Corrections

 An elector or future elector may inform the Chief Electoral Officer of changes to the information in the Register of Electors or Register of Future Electors, as the case may be, relating to him or her, and the Chief Electoral Officer shall make the necessary corrections to the relevant register.

  • 2000, c. 9, s. 50
  • 2018, c. 31, s. 41

Marginal note:Verification

 The Chief Electoral Officer may

  • (a) contact an elector or future elector to verify the Chief Electoral Officer’s information relating to him or her; and

  • (b) request the elector or future elector to confirm, correct or complete the information within 60 days after receiving the request.

  • 2000, c. 9, s. 51
  • 2018, c. 31, s. 41

Marginal note:Deletion of names

  •  (1) The Chief Electoral Officer shall delete from the Register of Electors or Register of Future Electors the name of any person who

    • (a) is dead;

    • (b) is not an elector or future elector, as the case may be, subject to subsection 44(4);

    • (c) requests in writing to have his or her name deleted;

    • (d) is, by reason of mental incapacity, under a court-ordered protective regime, including guardianship, tutorship or curatorship, and whose authorized representative under the regime requests in writing that the person’s name be deleted; or

    • (e) is a future elector with a mental incapacity whose parent requests in writing that the future elector’s name be deleted.

  • Marginal note:Conditions

    (1.1) A person’s name may be deleted under paragraph (1)(d) only if the authorized representative has provided the Chief Electoral Officer with a copy of the court order and satisfactory proof of that representative’s identity.

  • Marginal note:Deletion of name — discretionary

    (2) The Chief Electoral Officer may delete from the Register of Electors or Register of Future Electors the name of any person who fails to comply with a request referred to in paragraph 51(b) within the 60 days.

  • 2000, c. 9, s. 52
  • 2014, c. 12, s. 23
  • 2018, c. 31, s. 42

Marginal note:Restrictions

  •  (1) 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:Restriction — Register of Future Electors

    (2) If a future elector so requests the Chief Electoral Officer in writing, information in the Register of Future Electors relating to the future elector shall be used only for the purposes of

    • (a) updating the Register of Electors; or

    • (b) the transmission of information in the course of public education and information programs implemented under subsection 18(1).

  • 2000, c. 9, s. 53
  • 2018, c. 31, s. 43

Marginal note:Access to personal information

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

  • 2000, c. 9, s. 54
  • 2018, c. 31, s. 44

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 or future electors, governing the giving of information contained in the Register of Electors or Register of Future Electors, or the giving of information referred to in subsection 44(2) or (3) that the Chief Electoral Officer intends to include in either register, if that information is needed for establishing such a list.

  • Marginal note:Exception

    (1.1) Despite subsection (1), the Chief Electoral Officer shall not enter into an agreement governing the giving of information contained in the Register of Future Electors, or the giving of information referred to in subsection 44(2) or (3) in relation to future electors, with any body that is required under provincial law to give or to make available to political parties, entities associated with a political party or members of a legislature information relating to future electors.

  • 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
  • 2018, c. 31, s. 45

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 as a future 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 or as a future elector, to that other person’s surname, given names, gender, civic address or mailing address, or to the identifier assigned to that other person by the Chief Electoral Officer, for the purpose of having that other person’s name deleted from the Register of Electors or Register of Future Electors, as the case may be;

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

  • (d) knowingly apply to have included in the Register of Electors or Register of Future 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 purposes of the administration and enforcement of this Act or the Referendum Act, 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,

  • (e.1) knowingly use personal information that is obtained from the Register of Future Electors except as follows:

    • (i) for the purposes of updating the Register of Electors,

    • (ii) for the purposes of the transmission of information in the course of public education and information programs implemented under subsection 18(1),

    • (iii) for the purposes of the administration and enforcement of this Act or the Referendum Act, or

    • (iv) 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
  • 2018, c. 31, s. 46

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 no earlier than the 36th day and no later than the 50th day after the day on which the writ was issued.

  • 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
  • 2018, c. 31, s. 47

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, on being ordered by the Governor in Council to do so, shall, within three months after the date of publication of the notice, issue a new writ ordering an election to be held.

  • Marginal note:Polling day

    (3) The day named in the new writ for polling day is determined by the Governor in Council, but may be no later than the 50th day after the day on which the new writ was issued.

  • Marginal note:Postponement of election and new polling day

    (4) If 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 with regard to an electoral district, but the Governor in Council is of the opinion that the withdrawal of the writ under subsection (1) is not warranted, the Governor in Council may, by order, postpone the election by up to seven days for that electoral district and, correspondingly, extend the election period and fix the date for the new polling day.

  • Marginal note:Postponement of election — rules

    (5) If the Governor in Council orders the postponement of an election for an electoral district under subsection (4), then, in respect of that electoral district, the following rules apply in respect of any time period before polling day specified under this Act:

    • (a) if this Act authorizes or requires anything to be done on a day that is a certain number of days before polling day or done within a period that ends before polling day, and the day occurs or the period ends before the day on which the postponement order is made, then polling day is deemed to still be the day fixed under paragraph 57(1.2)(c) and not the day fixed under subsection (4);

    • (b) if this Act authorizes or requires anything to be done within a period that ends on or before polling day and the period ends on or after the day on which the postponement order is made, then

      • (i) anything done as authorized or required on or before the day on which the postponement order is made is valid, and

      • (ii) in respect of anything not done as authorized or required on or before that day, the period during which the thing is authorized or required to be done is extended by the number of days by which the election is postponed;

    • (c) if this Act authorizes or requires anything to be done on a day that is a certain number of days before polling day and that day occurs on the day on which the postponement order is made, then

      • (i) anything done as authorized or required on that day is valid, and

      • (ii) in respect of anything not done as authorized or required on that day, the day on which the thing is authorized or required to be done is postponed by the number of days by which the election is postponed;

    • (d) if a period is extended under subparagraph (b)(ii) or a day is postponed under subparagraph (c)(ii), then any mention of a number of days before polling day prevails over any mention of a day of the week before polling day; and

    • (e) for the purposes of this subsection, if the original polling day fixed under paragraph 57(1.2)(c) is a Tuesday because of section 56.2 or subsection 57(4), it is deemed to be a Monday.

  • 2000, c. 9, s. 59
  • 2018, c. 31, s. 48

Marginal note:Returning officer to open and maintain 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 that are accessible to electors with a disability 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.

  • 2000, c. 9, s. 60
  • 2018, c. 31, s. 49

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) make a solemn declaration in the prescribed form; and

    • (c) be discharged as soon as their services are no longer needed.

  • 2000, c. 9, s. 61
  • 2018, c. 31, s. 50

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 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 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 election officers

    (3) The returning officer shall make the notice of grant of a poll available to, for each polling station, an election officer who is assigned to work in the polling station. The election officer shall post the notice in the polling station.

  • 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.

  • 2000, c. 9, s. 64
  • 2014, c. 12, s. 24
  • 2018, c. 31, s. 51

PART 6Candidates

Qualifications

Marginal note:Ineligible candidates

 The following persons are not eligible to be a candidate:

  • (a) a person who is not qualified as an elector on the date on which his or her nomination paper is filed;

  • (b) a person who is disentitled under paragraph 502(3)(a) while they are so disentitled;

  • (c) a member of the legislative assembly of a province;

  • (d) [Repealed, 2018, c. 31, s. 52]

  • (e) the Chief Electoral Officer;

  • (f) a judge appointed by the Governor in Council, other than a citizenship judge appointed under the Citizenship Act;

  • (g) a person who is imprisoned in a correctional institution;

  • (h) an election officer; and

  • (i) a person who was a candidate in a previous election and for whom a return, report, document or declaration has not been provided under subsection 477.59(1), if the time and any extension for providing it have expired.

  • 2000, c. 9, s. 65
  • 2002, c. 7, s. 92
  • 2014, c. 2, s. 49, c. 12, s. 25
  • 2018, c. 31, s. 52

Nomination of Candidates

Marginal note:Manner of nomination

  •  (1) A nomination paper shall be in the prescribed form and include

    • (a) a solemn declaration, in the prescribed form, made by the prospective candidate of

      • (i) his or her name, address and occupation,

      • (i.1) any other name by which he or she is commonly known — other than a name that could be confused with the name of a political party — and that he or she wishes to appear on the ballot instead of the name referred to in subparagraph (i),

      • (ii) the address designated by the prospective candidate for service of documents under this Act,

      • (iii) the name and address of the prospective candidate’s official agent,

      • (iv) the auditor’s name, address and occupation, if the prospective candidate has appointed an auditor under subsection 477.1(2),

      • (v) the name of the political party that has endorsed the prospective candidate or, if none, the prospective candidate’s choice to either have the word “independent” or no designation of political affiliation under his or her name in election documents, and

      • (vi) if the prospective candidate’s statement includes the name of a political party that has endorsed him or her but the returning officer is unable to verify, under paragraph 71(2)(c), that the party has done so, the prospective candidate’s choice of either one of the two options referred to in subparagraph (v) or the withdrawal of his or her nomination paper;

    • (b) a statement signed by the prospective candidate consenting to the nomination;

    • (c) [Repealed, 2018, c. 31, s. 53]

    • (d) a statement signed by the official agent consenting to act in that capacity;

    • (e) for any electoral district except one listed in Schedule 3, the names, addresses and signatures, made in the presence of a witness, of at least 100 electors resident in the electoral district;

    • (f) for an electoral district listed in Schedule 3, the names, addresses and signatures, made in the presence of a witness, of at least 50 electors resident in the electoral district;

    • (g) the name, address and signature of the witness to each signature made under paragraph (e) or (f); and

    • (h) if applicable, a signed statement by the prospective candidate setting out the name of the person who is authorized by the prospective candidate under subsection 67(7).

  • Marginal note:Particulars of candidates — name

    (2) For the purpose of subparagraphs (1)(a)(i) and (i.1), the name shall not include any title, degree or other prefix or suffix.

  • Marginal note:Particulars of candidates — occupation

    (3) For the purpose of subparagraph (1)(a)(i), the occupation shall be stated briefly and shall correspond to the occupation by which the prospective candidate is known.

  • Marginal note:Witness ensures signatures are local electors’

    (4) A witness to a signature referred to in paragraph (1)(e) or (f) shall use due diligence to ensure that the signatures that are made in his or her presence are all made by electors resident in the electoral district.

  • 2000, c. 9, s. 66
  • 2001, c. 21, s. 7
  • 2014, c. 12, s. 26
  • 2018, c. 31, s. 53

Marginal note:Filing of nomination paper

  •  (1) A prospective candidate shall file the nomination paper with the returning officer in the electoral district in which the prospective candidate is seeking nomination at any time between the date of the issue of the Notice of Election and the close of nominations.

  • Marginal note:Proof of identity — prospective candidate

    (2) A prospective candidate who personally files his or her nomination paper shall provide the returning officer with the following proof of his or her identity:

    • (a) one piece of identification issued by a Canadian government, whether federal, provincial or local, or an agency of such a government, that contains a photograph of the prospective candidate and his or her name referred to in subparagraph 66(1)(a)(i); or

    • (b) two pieces of identification of a type authorized under subsection (3), each of which establishes that name.

  • Marginal note:Authorized types of identification

    (3) The Chief Electoral Officer may authorize types of identification for the purposes of subsections (2) and (8). For greater certainty, any document may be authorized, regardless of who issued it.

  • Marginal note:Name prospective candidate commonly known by — documents

    (4) If a prospective candidate wishes a name referred to in subparagraph 66(1)(a)(i.1) to appear on the ballot instead of the name referred to in subparagraph 66(1)(a)(i), he or she shall file with the returning officer documents of a type authorized under subsection (5) as proof that he or she is commonly known by that name.

  • Marginal note:Authorized types of documents

    (5) The Chief Electoral Officer may authorize types of documents for the purposes of subsection (4).

  • Marginal note:Auditor’s consent

    (6) If a prospective candidate has appointed an auditor, the prospective candidate shall file with the returning officer by the close of nominations a statement signed by the auditor consenting to act in that capacity.

  • Marginal note:Authorized person

    (7) A prospective candidate may authorize another person to carry out, on the prospective candidate’s behalf, any of the prospective candidate’s obligations under subsections (1), (4) and (6).

  • Marginal note:Proof of identity — authorized person

    (8) A person authorized under subsection (7) who files a nomination paper on behalf of a prospective candidate shall file on the prospective candidate’s behalf with the returning officer, together with the nomination paper, the following proof of the prospective candidate’s identity:

    • (a) a copy, signed by the prospective candidate, of one piece of identification issued by a Canadian government, whether federal, provincial or local, or an agency of such a government, that contains a photograph of the prospective candidate and his or her name referred to in subparagraph 66(1)(a)(i); or

    • (b) a copy, signed by the prospective candidate, of each of two pieces of identification of a type authorized under subsection (3), each of which establishes that name.

  • 2000, c. 9, s. 67
  • 2001, c. 21, s. 8
  • 2014, c. 12, s. 27
  • 2015, c. 37, ss. 2, 6
  • 2018, c. 31, s. 54

Marginal note:Party may endorse only one candidate per district

  •  (1) A political party may endorse only one prospective candidate in each electoral district for a given election.

  • Marginal note:New endorsement

    (2) If, with respect to a particular electoral district, a candidate who has been endorsed by a political party dies before 2:00 p.m. on the 5th day before the closing day for nominations or withdraws in accordance with subsection 74(1), the party may endorse another candidate in that electoral district before the close of nominations.

  • Marginal note:Names of endorsed candidates

    (3) The chief agent of a political party shall provide the Chief Electoral Officer, no later than 24 hours before the close of nominations, with

    • (a) the name of every prospective candidate who has been endorsed by the party;

    • (b) the electoral district in which the prospective candidate intends to be a candidate; and

    • (c) the name of the person or persons who endorsed the prospective candidate on the party’s behalf.

  • Marginal note:Information to returning officers

    (4) As soon as feasible after receiving the information set out in paragraphs (3)(a) to (c), but no later than the close of nominations, the Chief Electoral Officer shall provide the information to the returning officer of the electoral district referred to in paragraph (3)(b).

  • 2000, c. 9, s. 68
  • 2001, c. 21, s. 9
  • 2018, c. 31, s. 55

Marginal note:Closing day for nominations

 The closing day for nominations shall be Monday, the 21st day before polling day.

Marginal note:Hours of attendance

  •  (1) The returning officer and the assistant returning officer shall attend between noon and 2:00 p.m. on the closing day for nominations at the office of the returning officer in order that the returning officer may receive nominations for prospective candidates who have not yet filed their nomination papers.

  • Marginal note:Close of nominations

    (2) No nomination may be received from any person who enters the office of the returning officer after 2:00 p.m. on the closing day for nominations.

  • Marginal note:Designated filing place

    (3) The returning officer may authorize a person to receive — or examine, in the case of paragraph (b) — the following in any place designated by the returning officer:

    • (a) the nomination paper;

    • (b) the piece or pieces of identification referred to in paragraphs 67(2)(a) and (b);

    • (c) the documents referred to in subsection 67(4);

    • (d) the statement referred to in subsection 67(6); and

    • (e) the copy or copies of the piece or pieces of identification referred to in paragraphs 67(8)(a) and (b).

  • 2000, c. 9, s. 70
  • 2018, c. 31, s. 56

Marginal note:Notice to candidate of confirmation or refusal

  •  (1) The returning officer shall, not later than 48 hours after a nomination paper is filed, give the prospective candidate notice, in the prescribed form, of the confirmation of the nomination or of the refusal to accept the nomination.

  • Marginal note:Verification of nomination papers

    (2) Before giving confirmation of a nomination or refusing to accept one, the returning officer shall verify, in accordance with the instructions of the Chief Electoral Officer,

    • (a) that the prospective candidate’s identity has been proven by the piece or pieces of identification provided under subsection 67(2) or the copy or copies filed under subsection 67(8), as the case may be;

    • (a.1) that the nomination paper is complete, including having at least the number of signatures referred to in paragraph 66(1)(e) or (f), as the case may be;

    • (b) that the signatures referred to in paragraph 66(1)(e) or (f) are those of electors who are entitled to vote in the electoral district in which the prospective candidate intends to seek nomination; and

    • (c) that the political party named in the nomination paper as having endorsed the prospective candidate has done so, as evidenced by the information provided under paragraph 68(3)(a) in respect of that prospective candidate.

  • Marginal note:Correction or replacement

    (3) A nomination paper that a returning officer has refused to accept may be replaced by another nomination paper or may be corrected if the new or corrected nomination paper is filed with the returning officer by the close of nominations.

  • 2000, c. 9, s. 71
  • 2018, c. 31, s. 57

Marginal note:Name prospective candidate commonly known by — determination

  •  (1) If a nomination paper includes a name referred to in subparagraph 66(1)(a)(i.1) and documents have been filed under subsection 67(4) in respect of the prospective candidate, then the returning officer shall determine, in accordance with the Chief Electoral Officer’s instructions, whether the documents prove that the prospective candidate is commonly known by that name.

  • Marginal note:Confusion with name of political party — determination

    (2) If the returning officer determines that the documents prove that the prospective candidate is commonly known by that name, but in the returning officer’s opinion the name could be confused with the name of a political party, he or she shall notify the Chief Electoral Officer, who shall determine whether the name could be confused with one and shall inform the returning officer of the determination.

  • Marginal note:Name to appear on ballot

    (3) The name referred to in subparagraph 66(1)(a)(i.1) shall be the name that appears on the ballot in respect of the prospective candidate unless

    • (a) the returning officer determines under subsection (1) that the documents filed under subsection 67(4) do not prove that the prospective candidate is commonly known by that name; or

    • (b) the Chief Electoral Officer determines under subsection (2) that the name could be confused with the name of a political party.

  • Marginal note:Clarification

    (4) For greater certainty, if the name referred to in subparagraph 66(1)(a)(i.1) is not, under subsection (3), the name that is to appear on the ballot in respect of the prospective candidate, then the name that is to appear on the ballot in respect of the prospective candidate shall be the name referred to in subparagraph 66(1)(a)(i).

  • Marginal note:Notice of name to appear on ballot

    (5) The returning officer shall, not later than 48 hours after the nomination paper is filed, give the prospective candidate notice, in the prescribed form, of whether the name referred to in subparagraph 66(1)(a)(i.1) is the name that is to appear on the ballot in respect of the prospective candidate.

  • 2018, c. 31, s. 58

 [Repealed, 2018, c. 31, s. 59]

Marginal note:Electronic filing

  •  (1) A person who files a nomination paper or any other document under section 67 may do so by electronic means. In order for the nomination to be valid, the returning officer must receive the document in electronic form by the close of nominations.

  • Marginal note:Proof of identity

    (1.1) If a prospective candidate files the nomination paper under section 67 by electronic means, he or she may, to prove his or her identity, file by electronic means the copy or copies referred to in paragraph 67(8)(a) or (b). If the prospective candidate does so, he or she need not provide proof of his or her identity under subsection 67(2).

  • Marginal note:Cancellation of nomination

    (2) If the original documents are not received on time, the returning officer shall cancel the nomination unless the person in respect of whom the nomination paper was filed satisfies the returning officer that all reasonable measures were taken to ensure that the original documents were received on time.

  • 2000, c. 9, s. 73
  • 2014, c. 12, s. 28(F)
  • 2018, c. 31, s. 60

Marginal note:Withdrawal of candidate

  •  (1) A candidate may withdraw at any time before 5:00 p.m. on the closing day for nominations by filing, in person, with the returning officer a statement in writing to that effect signed by the candidate and witnessed by two electors who are entitled to vote in the electoral district in which the candidate’s nomination was confirmed.

  • Marginal note:Consequences of withdrawal

    (2) When a candidate withdraws under subsection (1), any votes cast for the candidate at the election are void.

Marginal note:Minor corrections

 A candidate may, before 5:00 p.m. on the closing day for nominations, provide in writing to the returning officer any change that he or she wishes to be made to his or her name, address or occupation as set out in the nomination paper.

Marginal note:Votes for persons not properly nominated to be void

 Any votes given for a person other than a candidate are void.

Marginal note:Postponement of closing day for nominations on death of candidate

  •  (1) If a candidate endorsed by a registered party dies after 2:00 p.m. on the 5th day before the closing day for nominations and before the close of polling stations on polling day, the election is postponed and the returning officer shall, after communicating with the Chief Electoral Officer, fix the 2nd Monday after the death as the closing day for nominations in that electoral district.

  • Marginal note:New polling day

    (2) Notice of the day fixed under subsection (1) shall be given by a further Notice of Election distributed and posted as specified by the Chief Electoral Officer, and there shall also be named by the Notice of Election a new polling day, which shall be Monday, the 21st day after the day fixed under that subsection.

  • Marginal note:Lists of electors

    (3) The lists of electors to be used at a postponed election shall be the lists of electors that were revised before the 6th day before the new polling day.

Marginal note:Postponement of election

 The postponement of an election under section 77 and the fixing of a new closing day for nominations does not invalidate the nomination of the other candidates.

Marginal note:Ballots void

 If an election is postponed under section 77, all ballots that are cast before the postponement are void and shall be destroyed.

Rights of Candidates

Marginal note:Leave of absence

 Every employer of employees to whom Part III of the Canada Labour Code applies shall, on application, grant any such employee leave of absence, with or without pay, to seek nomination as a candidate and to be a candidate for the period during the election period that may be requested.

Marginal note:Canvassing, etc., in residential areas

  •  (1) No person who is in control of an apartment building, condominium building or other multiple-residence building or a gated community may prevent a candidate or his or her representative from

    • (a) in the case of an apartment building, condominium building or gated community, canvassing, between 9:00 a.m. and 9:00 p.m., at the doors to the apartments, units or houses, as the case may be; or

    • (b) in the case of a multiple-residence building, campaigning, between 9:00 a.m. and 9:00 p.m., in a common area in the multiple residence.

  • Marginal note:Exception

    (2) Subsection (1) does not apply in respect of a person who is in control of a multiple residence building whose residents’ physical or emotional well-being may be harmed as a result of permitting canvassing or campaigning referred to in that subsection.

  • 2000, c. 9, s. 81
  • 2007, c. 21, s. 11

Marginal note:Campaigning in public places

  •  (1) No person who is in control of a building, land, street or any other place, any part of which is open without charge to members of the public, whether on a continuous, periodic or occasional basis — including any commercial, business, cultural, historical, educational, religious, governmental, entertainment or recreational place — may prevent a candidate or his or her representative from campaigning in or on that part when it is open without charge to members of the public.

  • Marginal note:Exception

    (2) Subsection (1) does not apply in respect of a place if campaigning in or on it would be incompatible with the function and purpose of the place or inconsistent with public safety.

  • 2007, c. 21, s. 12

 [Repealed, 2014, c. 12, s. 29]

 [Repealed, 2014, c. 12, s. 29]

 [Repealed, 2014, c. 12, s. 29]

 [Repealed, 2014, c. 12, s. 29]

 [Repealed, 2014, c. 12, s. 29]

 [Repealed, 2014, c. 12, s. 29]

 [Repealed, 2014, c. 12, s. 29]

 [Repealed, 2014, c. 12, s. 29]

Prohibition

Marginal note:Ineligible candidate

 No person shall sign a nomination paper consenting to be a candidate knowing that he or she is not eligible to be a candidate.

 [Repealed, 2014, c. 12, s. 30]

Marginal note:Publishing false statement to affect election results

  •  (1) No person or entity shall, with the intention of affecting the results of an election, make or publish, during the election period,

    • (a) a false statement that a candidate, a prospective candidate, the leader of a political party or a public figure associated with a political party has committed an offence under an Act of Parliament or a regulation made under such an Act — or under an Act of the legislature of a province or a regulation made under such an Act — or has been charged with or is under investigation for such an offence; or

    • (b) a false statement about the citizenship, place of birth, education, professional qualifications or membership in a group or association of a candidate, a prospective candidate, the leader of a political party or a public figure associated with a political party.

  • Marginal note:Clarification

    (2) Subsection (1) applies regardless of the place where the election is held or the place where the false statement is made or published.

  • 2000, c. 9, s. 91
  • 2001, c. 21, s. 10(E)
  • 2018, c. 31, s. 61

Marginal note:Publishing false statement of candidate’s withdrawal

 No person or entity shall publish a false statement that indicates that a candidate has withdrawn.

  • 2000, c. 9, s. 92
  • 2018, c. 31, s. 61

 [Repealed, 2014, c. 12, s. 31]

 [Repealed, 2014, c. 12, s. 31]

 [Repealed, 2014, c. 12, s. 31]

 [Repealed, 2014, c. 12, s. 31]

 [Repealed, 2014, c. 12, s. 31]

 [Repealed, 2014, c. 12, s. 31]

PART 7Revision of Lists of Electors

Preliminary Lists of Electors

Marginal note:Preliminary lists and information to returning officer

  •  (1) As soon as possible after the issue of a writ, the Chief Electoral Officer shall prepare a preliminary list of electors for each polling division in an electoral district, and shall make it available to the returning officer for the electoral district along with all the other information in the Register of Electors that relates to the electors of that electoral district.

  • Marginal note:Preliminary lists to parties

    (1.1) The Chief Electoral Officer shall make available in electronic form or in formats that include electronic form, to each registered party or eligible party that requests them, the preliminary lists of electors for an electoral district in respect of which a writ has been issued.

  • Marginal note:Form of preliminary list of electors

    (2) A preliminary list of electors shall contain only the name and address of each elector in the electoral district and the identifier that is assigned to the elector by the Chief Electoral Officer and shall be arranged according to the civic addresses of the electors or, if that is not appropriate, in alphabetical order by their names.

  • Marginal note:Publication of preliminary lists

    (3) The Chief Electoral Officer shall, not later than the 31st day before polling day, determine the number of names appearing on the preliminary lists of electors for each electoral district and cause that information to be published in the Canada Gazette.

  • 2000, c. 9, s. 93
  • 2007, c. 21, s. 13
  • 2018, c. 31, s. 62

Marginal note:Preliminary lists to candidates

 Each returning officer to whom the preliminary lists of electors for his or her electoral district have been made available shall make them available to each candidate in the electoral district who requests them.

  • 2000, c. 9, s. 94
  • 2018, c. 31, s. 63

Notice of Confirmation of Registration

Marginal note:Notice to electors

  •  (1) Each returning officer shall, as soon as possible after the issue of a writ but not later than the 24th day before polling day, send a notice of confirmation of registration to every elector whose name appears on the preliminary list of electors, except electors who

    • (a) are incarcerated electors as defined in section 177;

    • (b) [Repealed, 2018, c. 31, s. 64]

    • (c) are referred to in section 222.

  • Marginal note:Form of notice

    (2) The notice of confirmation of registration shall be in the form established by the Chief Electoral Officer and shall indicate

    • (a) the address of the elector’s polling station, and whether or not it is in premises that are accessible to electors with a disability;

    • (b) the voting hours on polling day;

    • (c) a telephone number to call for more information;

    • (d) the dates of advance polls and the voting hours and locations of advance polling stations; and

    • (e) the fact that proof of an elector’s identity and residence will be required before the elector is allowed to vote.

  • Marginal note:Particular needs

    (3) The notice of confirmation of registration shall invite the elector to contact the returning officer if he or she

    • (a) requires a language or sign language interpreter;

    • (b) requires a polling station that is in premises that are accessible to electors with a disability, which his or her polling station is not; or

    • (c) is unable to attend at a polling station because of a disability.

  • Marginal note:Change in polling station address

    (4) If, on or before the 5th day before polling day, there is a change in the address of the polling station of an elector to whom a notice of confirmation of registration has been sent, the returning officer shall send another notice to the elector indicating the new address.

  • 2000, c. 9, s. 95
  • 2007, c. 21, s. 14
  • 2014, c. 12, s. 32
  • 2018, c. 31, s. 64

Revision Process

Marginal note:Revision of preliminary lists of electors

  •  (1) The Chief Electoral Officer shall, as soon as possible after the issue of a writ, fix the commencement date for the revision of the preliminary lists of electors. The revision period shall terminate at 6:00 p.m. on the 6th day before polling day.

  • Marginal note:Cancellation of by-election

    (2) If a writ is deemed to have been superseded and withdrawn under subsection 31(3) of the Parliament of Canada Act, any revisions that are made to the preliminary lists of electors before the deemed withdrawal are deemed to have been approved by the returning officer or the assistant returning officer on the day fixed by the Chief Electoral Officer under subsection (1) as the beginning date for the revision of the preliminary lists of electors.

  • 2000, c. 9, s. 96
  • 2014, c. 12, s. 33

Marginal note:Election officers who are designated to receive applications

  •  (1) The returning officer, assistant returning officer and other election officers for an electoral district may receive applications for additions or corrections to, or deletions from, a preliminary list of electors or the Register of Electors for their electoral district.

  • Marginal note:Applications for addition, correction or deletion

    (2) All applications referred to in subsection (1) that are received by election officers other than the returning officer or assistant returning officer shall, on completion, be presented to the returning officer or assistant returning officer for his or her approval.

  • 2000, c. 9, s. 97
  • 2018, c. 31, s. 65

Marginal note:Revision offices

 The returning officer may open one or more offices for the revision of the preliminary lists of electors. The office or offices shall be in premises that are accessible to electors with a disability.

  • 2000, c. 9, s. 98
  • 2014, c. 12, s. 34
  • 2018, c. 31, s. 65

Marginal note:Revision — purpose

 The returning officer and assistant returning officer for an electoral district shall revise the preliminary lists of electors for that electoral district by

  • (a) adding the names of electors who were omitted from the lists;

  • (b) correcting information respecting electors whose names are on the lists; and

  • (c) deleting the names of persons whose names were incorrectly inserted on the lists.

Marginal note:Information in Register of Electors

 The Chief Electoral Officer may, for the purpose of section 99, provide to the returning officer and assistant returning officer information contained in the Register of Electors.

  • 2007, c. 21, s. 15

Marginal note:Election officers to act in pairs

  •  (1) Election officers shall act in pairs when they assist the returning officer or assistant returning officer in the revision of the preliminary lists of electors.

  • Marginal note:Disagreement between election officers

    (2) In case of disagreement between members of a pair, the two election officers shall refer the matter to the returning officer or assistant returning officer for a decision and are bound by that decision.

  • 2000, c. 9, s. 100
  • 2018, c. 31, s. 66

Marginal note:Relevant elector information

  •  (1) The returning officer or assistant returning officer may add the name of any elector to the preliminary list of electors if

    • (a) the elector completes the prescribed registration form, establishes that he or she should be included on the list and provides satisfactory proof of identity;

    • (b) another elector who lives at the same residence as the elector completes the prescribed registration form, establishes that the elector should be included on the list and provides satisfactory proof of identity in respect of that elector;

    • (c) another elector who does not live at the same residence as the elector completes the prescribed registration form for the elector, establishes that the elector should be included on the list and provides

      • (i) written authorization from the elector allowing the other elector to complete the form for him or her, and

      • (ii) satisfactory proof of identity in respect of both electors; or

    • (d) the elector, or another elector who lives at the same residence as the elector, completes the prescribed registration form, and makes the solemn declaration in the prescribed form, at their residence and in the presence of a pair of election officers assisting the returning officer or assistant returning officer in the revision of the preliminary lists of electors.

  • Marginal note:Prescribed registration form

    (1.01) The prescribed registration form shall include a statement, to be signed by the elector who completes the form, that the elector whose name is to be added to the preliminary list of electors under subsection (1) is qualified as an elector.

  • Marginal note:Addition of elector’s name

    (1.1) The returning officer or assistant returning officer may also add to the preliminary list of electors the name of any elector whose name is added to the Register of Electors after that list has been prepared.

  • Marginal note:Exclusion from Register of Electors

    (2) An elector whose name is added to a preliminary list of electors under paragraph (1)(a) may request that his or her name not be included in the Register of Electors.

  • Marginal note:Change of address

    (3) The previous address of an elector whose name is added to a preliminary list of electors under any of paragraphs (1)(a) to (d) and who has changed his or her address since being listed in the Register of Electors shall be provided and the elector’s name shall then be deleted from the Register of Electors in relation to the previous address.

  • Marginal note:Deletion of name of elector

    (4) The returning officer or assistant returning officer may delete the name of a person from a preliminary list of electors if

    • (a) the person requests it and provides satisfactory proof of identity;

    • (b) it is established that the elector is deceased;

    • (c) it is established that the information provided in respect of the elector is not valid; or

    • (d) it is established that the elector no longer resides at the address indicated on the list.

  • Marginal note:Corrections

    (5) The returning officer or assistant returning officer may approve corrections to the information, in respect of an elector, on a preliminary list of electors if

    • (a) the elector has requested the correction under subsection 97(1); or

    • (b) there is an omission, inaccuracy or error.

  • Marginal note:Address change within electoral district

    (6) An elector who changes his or her address within an electoral district may, by telephone or otherwise, on providing satisfactory proof of identity and residence to one of the election officers mentioned in subsection 97(1), apply to have the relevant corrections made to the appropriate preliminary list of electors. Another elector who lives at the same residence as the elector in question, on providing satisfactory proof of identity and residence in respect of the elector in question, may apply to have the relevant corrections made to that list in respect of the elector in question.

  • 2000, c. 9, s. 101
  • 2007, c. 21, s. 16
  • 2014, c. 12, s. 35
  • 2018, c. 31, s. 67

Marginal note:Notice of confirmation of registration

 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).

 [Repealed, 2018, c. 31, s. 68]

 [Repealed, 2018, c. 31, s. 68]

Updated Preliminary Lists of Electors

Marginal note:Lists to candidates

 Each returning officer shall, on the 19th day before polling day, make available the most current preliminary lists of electors for his or her electoral district to each candidate in the electoral district who requests them.

  • 2007, c. 21, s. 17
  • 2018, c. 31, s. 69

Marginal note:Lists to registered parties

 The Chief Electoral Officer shall, on the 19th day before polling day, make available in electronic form or in formats that include electronic form the most current preliminary lists of electors for each electoral district to each registered party that has endorsed a candidate in that electoral district and that requests them.

  • 2018, c. 31, s. 69

Revised Lists of Electors and Official Lists of Electors

Marginal note:Revised list of electors

  •  (1) Each returning officer shall, on the 11th day before polling day, prepare a revised list of electors for each polling division in the electoral district for use at the advance poll.

  • Marginal note:Publication of revised lists

    (2) The Chief Electoral Officer shall, not later than the 7th day before polling day, determine the number of names appearing on the revised lists of electors for each electoral district and cause that information to be published in the Canada Gazette.

Marginal note:Official list of electors

 Each returning officer shall, without delay after the 7th day before polling day but no later than the 3rd day before polling day, prepare the official list of electors for each polling station for use on polling day.

  • 2000, c. 9, s. 106
  • 2014, c. 12, s. 36
  • 2018, c. 31, s. 70

Marginal note:Form of lists

  •  (1) The revised list of electors for each polling division and official list of electors for each polling station shall be in the form established by the Chief Electoral Officer. The official list of electors shall indicate each elector’s polling division number.

  • Marginal note:Lists to election officers

    (2) Each returning officer shall make available to election officers the revised list of electors or official list of electors, as the case may be, that the election officers need to conduct the vote in the advance polling station or polling station to which they are assigned. The list shall indicate each elector’s year of birth.

  • Marginal note:Lists to candidates

    (3) Each returning officer shall make available to each candidate a version of the revised lists of electors and the official lists of electors that does not indicate an elector’s year of birth.

  • Marginal note:Lists to registered parties

    (4) The Chief Electoral Officer shall make available in electronic form or in formats that include electronic form, for each electoral district, a version of the revised lists of electors and the official lists of electors that does not indicate an elector’s year of birth to each registered party that has endorsed a candidate in that electoral district.

  • 2000, c. 9, s. 107
  • 2007, c. 21, s. 18
  • 2014, c. 12, s. 37
  • 2018, c. 31, s. 70

Merger of Polling Divisions

Marginal note:Merger of polling divisions

  •  (1) After the end of the revision period, the returning officer may, with the prior approval of the Chief Electoral Officer, merge a polling division with an adjacent polling division in the same electoral district.

  • (2) [Repealed, 2018, c. 31, s. 71]

  • 2000, c. 9, s. 108
  • 2018, c. 31, s. 71

Final Lists of Electors

Marginal note:Final list of electors

  •  (1) The Chief Electoral Officer shall, without delay after polling day, prepare final lists of electors for each electoral district.

  • Marginal note:Lists to member and parties

    (2) The Chief Electoral Officer shall make available in electronic form, or in formats that include electronic form, the final lists of electors for each electoral district to each registered party that has endorsed a candidate in the electoral district and to the member who was elected for the electoral district in the last election.

  • (3) [Repealed, 2018, c. 31, s. 72]

  • 2000, c. 9, s. 109
  • 2001, c. 21, s. 11
  • 2018, c. 31, s. 72

Use of Lists of Electors

Marginal note:Registered parties

  •  (1) A registered party to which lists of electors are made available under section 45, subsection 93(1.1), section 104.2, subsection 107(4) or section 109 may use the lists for communicating with electors, including using them for soliciting contributions and recruiting party members.

  • Marginal note:Eligible parties

    (1.1) An eligible party to which preliminary lists of electors are made available under subsection 93(1.1) may use the lists for communicating with electors, including using them for soliciting contributions and recruiting party members.

  • Marginal note:Members

    (2) A member to whom lists of electors or final lists of electors are made available under section 45 or 109, respectively, may use the lists for

    • (a) communicating with his or her electors; and

    • (b) if the member is a member of a registered party, soliciting contributions for the registered party and recruiting party members.

  • Marginal note:Candidates

    (3) A candidate to whom the preliminary lists of electors are made available under section 94 or 104.1, or to whom the revised lists of electors or the official lists of electors are made available under subsection 107(3), may use the lists for communicating with his or her electors during the election period, including using them for soliciting contributions and campaigning.

  • 2000, c. 9, s. 110
  • 2007, c. 21, s. 19
  • 2014, c. 12, s. 38
  • 2018, c. 31, s. 73

Prohibitions

Marginal note:Prohibitions in relation to lists of electors

 No person shall

  • (a) wilfully apply to be included in a list of electors in a name that is not his or her own;

  • (b) wilfully apply, except as authorized by this Act, to be included in a list of electors for a polling division if he or she is already included in a list of electors for another polling division, which list was prepared for use at the same election;

  • (c) wilfully apply, except as authorized by this Act, to be included in a list of electors for a polling division in which the person is not ordinarily resident;

  • (d) apply to have included in a list of electors for an electoral district the name of a person, knowing that the person is not qualified as an elector or entitled to vote in the electoral district;

  • (d.1) compel, induce or attempt to compel or induce any other person to make a false or misleading statement relating to that other person’s qualification as an elector for the purposes of the inclusion of that other person’s name in a list of electors;

  • (e) wilfully apply to have included in a list of electors the name of an animal or thing; or

  • (f) knowingly use personal information that is recorded in a list of electors for a purpose other than

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

    • (ii) for the purposes of the administration and enforcement of this Act or the Referendum Act.

  • 2000, c. 9, s. 111
  • 2014, c. 12, s. 39
  • 2018, c. 31, s. 74

PART 8Preparation for the Vote

List of Election Officers

Marginal note:List of election officers to candidates

  •  (1) A returning officer shall, at least three days before polling day, post in his or her office, and make available to each candidate or candidate’s representative, a list of the names of all the election officers appointed to act in the electoral district who are assigned to a polling station, along with the polling station to which each officer is assigned.

  • Marginal note:Access to list

    (2) The returning officer shall permit access to, and give full opportunity for the inspection of, the list referred to in subsection (1) by interested persons at any reasonable time.

  • 2000, c. 9, s. 112
  • 2018, c. 31, s. 76

Election Materials

Marginal note:Delivery to returning officers

 The Chief Electoral Officer, at any time before the issue of the writ or immediately after the issue of it, shall deliver to the returning officer sufficient quantities of election materials and the necessary instructions for the election officers to exercise their powers and perform their duties.

  • 2000, c. 9, s. 113
  • 2018, c. 31, s. 77

Marginal note:Ballot boxes

  •  (1) The Chief Electoral Officer shall provide the returning officer with the necessary ballot boxes.

  • Marginal note:Material of ballot box

    (2) Each ballot box shall be of the size and shape and made of the material determined by the Chief Electoral Officer and be constructed to allow seals for the use of the returning officers and other election officers to be affixed.

  • 2000, c. 9, s. 114
  • 2018, c. 31, s. 78

Marginal note:Ballot paper

  •  (1) As soon as possible after the issue of the writ, the Chief Electoral Officer shall provide the returning officer with the paper on which the ballots are to be printed. The weight and opacity of the paper shall be determined by the Chief Electoral Officer.

  • Marginal note:Printing material

    (2) Before the closing day for nominations, the Chief Electoral Officer shall deliver to every returning officer the printing material prepared for that election for the purpose of printing the year and the name of the electoral district on the back of the ballot.

Marginal note:Ballot printed in Form 3

  •  (1) The returning officer shall, as soon as possible after 2:00 p.m. on the 19th day before polling day, authorize the printing of a sufficient number of ballots in Form 3 of Schedule 1.

  • Marginal note:Form of ballot

    (2) Ballots shall have a counterfoil and a stub, with a line of perforations between the ballot and the counterfoil and between the counterfoil and the stub.

  • Marginal note:Numbering of ballots

    (3) The ballots shall be numbered on the back of the stub and the counterfoil, and the same number shall be printed on the stub as on the counterfoil.

  • Marginal note:Books of ballots

    (4) Ballots shall be in books containing an appropriate number of ballots.

  • Marginal note:Obligation re: ballots, ballot paper

    (5) Each printer shall return all of the ballots and all of the unused paper on which the ballots were to have been printed, to the returning officer.

  • Marginal note:Printer’s name and affidavit

    (6) Ballots shall bear the name of the printer who, on delivering them to the returning officer, shall include an affidavit in the prescribed form that sets out a description of the ballots, the number of ballots delivered to the returning officer and the fact that all ballots were provided, and all paper returned, as required by subsection (5).

  • 2000, c. 9, s. 116
  • 2018, c. 31, s. 79(F)

Marginal note:Information on the ballot

  •  (1) Ballots shall contain the names of candidates referred to in subparagraph 66(1)(a)(i) or (i.1), as the case may be, and taken from their nomination papers, arranged alphabetically.

  • Marginal note:Name of party

    (2) The name, in the form referred to in paragraph 385(2)(b), of the political party that has endorsed the candidate shall be listed on the ballot under the name of the candidate if

    • (a) the candidate’s nomination paper includes it;

    • (b) the information referred to in subsection 68(3) was provided in respect of the candidate in accordance with that subsection; and

    • (c) no later than 48 hours after the close of nominations, the party is a registered party.

    • (d) [Repealed, 2004, c. 24, s. 2]

  • Marginal note:Designation of candidate as independent

    (3) The word “independent” shall be listed on the ballot under the name of the candidate who has requested it in accordance with subparagraph 66(1)(a)(v) and may not be so listed in any other case.

  • (4) [Repealed, 2001, c. 21, s. 12]

  • Marginal note:Address or occupation on ballot

    (5) The ballot shall list under the candidate’s name the address or occupation of a candidate who makes a written request to that effect to the returning officer before 5:00 p.m. on the closing day for nominations, if the candidate and another candidate on the ballot have the same name and both candidates have chosen under subparagraph 66(1)(a)(v) to either have the word “independent” or no designation of political affiliation under their names in election documents.

  • 2000, c. 9, s. 117
  • 2001, c. 21, s. 12
  • 2004, c. 24, s. 2
  • 2007, c. 21, s. 20
  • 2014, c. 12, s. 40
  • 2018, c. 31, s. 80

Marginal note:Property of Her Majesty

 Ballot boxes, ballots, envelopes and marking instruments procured for an election are the property of Her Majesty.

Provision of Election Materials to Election Officers

Marginal note:Materials to be provided to election officers

  •  (1) Before voting begins, each returning officer shall provide, in accordance with the Chief Electoral Officer’s instructions, the election officers who are assigned to a polling station in the returning officer’s electoral district with

    • (a) enough ballots for at least the number of electors on the official list of electors for the polling station;

    • (b) a statement showing the number of ballots that are provided, with their serial numbers;

    • (c) the necessary materials for electors to mark their ballots;

    • (d) an adequate number of templates, provided by the Chief Electoral Officer, to enable electors who are visually impaired to mark their ballots without assistance;

    • (e) a copy of the instructions of the Chief Electoral Officer referred to in section 113;

    • (f) the official list of electors for use at the polling station, enclosing it when possible in the ballot box with the ballots and other supplies;

    • (g) a ballot box for polling day and a separate ballot box for each day of advance polling;

    • (h) the text of the oaths to be administered to electors; and

    • (i) the necessary envelopes, forms and other supplies that may be authorized or provided by the Chief Electoral Officer.

  • Marginal note:Safekeeping of election materials

    (2) Until the opening of the poll, the election officers are responsible for all election materials in their possession and shall take every precaution to ensure the safekeeping of those materials and to prevent any person from having unlawful access to them.

  • 2000, c. 9, s. 119
  • 2014, c. 12, s. 41
  • 2018, c. 31, s. 82

Polling Stations

Marginal note:Establishment of polling stations

 Each returning officer shall, for polling day, establish polling stations and assign each polling division to a polling station.

  • 2000, c. 9, s. 120
  • 2018, c. 31, s. 83

Marginal note:Accessibility

  •  (1) A polling station shall be in premises that are accessible to electors with a disability.

  • Marginal note:Exception

    (2) If a returning officer is unable to secure suitable premises for a polling station that are accessible to electors with a disability, the returning officer may, with the prior approval of the Chief Electoral Officer, establish the polling station in premises that are not accessible to such electors.

  • Marginal note:Voting compartments

    (3) Each polling station shall contain a sufficient number of voting compartments arranged so that each elector is screened from observation and may, without interference or interruption, mark their ballot.

  • Marginal note:Table or desk

    (4) Each voting compartment shall be placed on a hard and smooth surface and shall have in it a suitable black lead pencil for the use of electors in marking their ballots.

  • 2000, c. 9, s. 121
  • 2018, c. 31, s. 84
  •  (1) [Repealed, 2018, c. 31, s. 85]

  • Marginal note:Polling station in school or other public building

    (2) Whenever possible, a returning officer shall establish a polling station in a school or other suitable public building.

  • Marginal note:Polling station in federal buildings

    (3) A returning officer may require the officer in charge of a building owned or occupied by the Government of Canada to make premises in that building available for use as a polling station, and the officer to whom the requirement is directed shall make every reasonable effort to comply with the requirement.

  • 2000, c. 9, s. 122
  • 2018, c. 31, s. 85

 [Repealed, 2018, c. 31, s. 86]

 [Repealed, 2018, c. 31, s. 86]

Marginal note:Mobile polling station

  •  (1) When a polling division consisting of two or more institutions is constituted under subsection 538(5), the returning officer may establish a mobile polling station to be located in each of those institutions successively.

  • Marginal note:Voting hours for mobile polling station

    (2) The returning officer shall set the times during which a mobile polling station will be located in the institutions referred to in subsection (1).

  • Marginal note:Notice

    (3) The returning officer shall give notice to the candidates of the itinerary of the mobile polling station in accordance with the instructions of the Chief Electoral Officer.

  • Marginal note:Provisions applicable to mobile polls

    (4) Subject to the instructions of the Chief Electoral Officer, the provisions of this Act that relate to ordinary polls shall, in so far as they are applicable, apply to mobile polling stations.

Marginal note:Information — location of polling stations

  •  (1) The returning officer for an electoral district and the Chief Electoral Officer shall make the addresses of all of the polling stations in the electoral district available to, respectively, each candidate in the electoral district and each political party that has endorsed a candidate in the electoral district. That information shall be made available on the later of the 24th day before polling day and the day on which the candidate’s nomination is confirmed, along with maps of the electoral district indicating the boundaries of each polling division and the location of each polling station.

  • Marginal note:Notification of change — on or before 5th day before polling day

    (2) If, on or before the 5th day before polling day, there is a change in the address of any polling station in the electoral district, the returning officer and the Chief Electoral Officer shall without delay make that information available to the candidates and the political parties respectively, along with maps of the electoral district indicating the new location of the polling station.

  • Marginal note:Electoral district maps — electronic format

    (2.1) The maps that the Chief Electoral Officer is to make available to political parties under subsections (1) and (2) shall be made available in electronic form or in formats that include electronic form.

  • Marginal note:Notification of change — after 5th day before polling day

    (3) If, after the 5th day before polling day, there is a change in the address of any polling station in the electoral district, the returning officer and the Chief Electoral Officer shall without delay make that information available to the candidates and the political parties respectively.

  • 2014, c. 12, s. 43
  • 2018, c. 31, s. 87

Prohibitions

Marginal note:Prohibitions re ballots, etc.

 No person shall

  • (a) forge a ballot;

  • (b) without authority under this Act, print a ballot or what purports to be or is capable of being used as a ballot at an election;

  • (c) being authorized under this Act to print a ballot, knowingly print more ballot papers than the person is authorized to print;

  • (d) print a ballot or what purports to be or is capable of being used as a ballot at an election with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast; or

  • (e) manufacture, import into Canada, have in possession, supply to an election officer, or use for the purpose of an election, or cause to be manufactured, imported into Canada, provided to an election officer, or used for the purposes of an election, a ballot box that contains a compartment into which a ballot may be secretly placed or a device by which a ballot may be secretly altered.

PART 9Voting

Voting Opportunities

Marginal note:Manner of voting

 An elector may vote

  • (a) in person at a polling station on polling day;

  • (b) in person at an advance polling station during the period provided for the advance poll; or

  • (c) by means of a special ballot issued in accordance with Part 11.

Polling Day

Hours

Marginal note:Hours of voting

  •  (1) The voting hours on polling day are

    • (a) from 8:30 a.m. to 8:30 p.m., if the electoral district is in the Newfoundland, Atlantic or Central time zone;

    • (b) from 9:30 a.m. to 9:30 p.m., if the electoral district is in the Eastern time zone;

    • (c) from 7:30 a.m. to 7:30 p.m., if the electoral district is in the Mountain time zone; and

    • (d) from 7:00 a.m. to 7:00 p.m., if the electoral district is in the Pacific time zone.

  • Marginal note:Exception — Saskatchewan

    (2) Despite subsection (1), if polling day is during a time of the year when the rest of the country is observing daylight saving time, the voting hours in Saskatchewan are

    • (a) in the case of an electoral district in the Central time zone, from 7:30 a.m. to 7:30 p.m.; and

    • (b) in the case of an electoral district in the Mountain time zone, from 7:00 a.m. to 7:00 p.m.

Marginal note:Daylight-saving time

 The Chief Electoral Officer may, if he or she considers it necessary, set the voting hours for the electoral district so that the opening and closing of its polls coincide with the opening and closing of the polls in other electoral districts in the same time zone.

Marginal note:When polls lie in two time zones

 When more than one local time is observed in an electoral district, the returning officer shall, with the prior approval of the Chief Electoral Officer, determine one local time to be observed for every operation prescribed by this Act, and shall publish the hours in the Notice of Election referred to in section 62.

Marginal note:By-elections

 If only one by-election is held or if more than one by-election is held on the same day and all of them are in the same time zone, the hours of voting are from 8:30 a.m. to 8:30 p.m.

Time to Employees for Voting

Marginal note:Consecutive hours for voting

  •  (1) Every employee who is an elector is entitled, during voting hours on polling day, to have three consecutive hours for the purpose of casting his or her vote and, if his or her hours of work do not allow for those three consecutive hours, his or her employer shall allow the time for voting that is necessary to provide those three consecutive hours.

  • Marginal note:Time at convenience of employer

    (2) The time that the employer shall allow for voting under subsection (1) is at the convenience of the employer.

  • Marginal note:Transportation companies

    (3) This section and section 133 do not apply to an employee of a company that transports goods or passengers by land, air or water who is employed outside his or her polling division in the operation of a means of transportation, if the additional time referred to in subsection (1) cannot be allowed without interfering with the transportation service.

Marginal note:No penalty for absence from work to vote

  •  (1) No employer may make a deduction from the pay of an employee, or impose a penalty, for the time that the employer shall allow for voting under subsection 132(1).

  • Marginal note:Hourly, piece-work or other basis of employment

    (2) An employer who pays an employee less than the amount that the employee would have earned on polling day, had the employee continued to work during the time referred to in subsection 132(2) that the employer allowed for voting, is deemed to have made a deduction from the pay of the employee, regardless of the basis on which the employee is paid.

Marginal note:Prohibition

 No employer shall, by intimidation, undue influence or by any other means, interfere with the granting to an elector in their employ of the three consecutive hours for voting, as provided for in section 132.

Proceedings at the Poll

Marginal note:Who may be present at polling station

  •  (1) The only persons who may be present at a polling station on polling day are

    • (a) any field liaison officer;

    • (b) the returning officer, his or her representatives and any member of his or her staff whom he or she authorizes to be present;

    • (b.1) any election officer whom the returning officer authorizes to be present;

    • (c) the candidates;

    • (d) two representatives of each candidate or, in their absence, two electors to represent each candidate;

    • (e) an elector and a friend or relative who is helping him or her by virtue of subsection 155(1), only for the period necessary to enable the elector to vote;

    • (f) any observer or member of the Chief Electoral Officer’s staff whom he or she authorizes to be present;

    • (g) [Repealed, 2018, c. 31, s. 88]

    • (h) if a polling division of an electoral district in which a registered party’s leader is a candidate is assigned to the polling station, any media representative who — subject to any conditions that the Chief Electoral Officer considers necessary to protect the integ­rity of the vote and the privacy of any person present at the polling station — is authorized in writing by the Chief Electoral Officer to be present and take any photograph or make any audio or video recording of the candidates as they cast their votes; and

    • (i) the auditor referred to in section 164.1.

  • Marginal note:Delivery of representative’s authorization

    (2) When a representative of a candidate is admitted to a polling station, the representative shall deliver his or her written authorization from the candidate or the candidate’s official agent in the prescribed form, or a copy of it, to an election officer who is assigned to the polling station.

  • Marginal note:Representative authorized in writing

    (3) A representative bearing a written authorization referred to in subsection (2), or a copy of one, is a representative of the candidate for the purposes of this Act and is entitled to represent the candidate to the exclusion of any elector who might otherwise claim the right to represent the candidate.

  • Marginal note:Solemn declaration

    (4) Each representative of a candidate or each elector described in paragraph (1)(d), on being admitted to the polling station, shall make a solemn declaration in the prescribed form.

  • Marginal note:Solemn declaration

    (5) A candidate’s representative who is appointed to more than one polling station shall, before being admitted to the first polling station, make a solemn declaration in the prescribed form before an election officer who is assigned to that polling station. The representative is not required to make another solemn declaration on being admitted to any other polling station in the same electoral district if he or she presents a document, in the prescribed form, proving that he or she has already made the solemn declaration.

  • 2000, c. 9, s. 135
  • 2014, c. 12, s. 44
  • 2018, c. 31, s. 88

Marginal note:Presence of representatives

  •  (1) A candidate or the candidate’s official agent may authorize any number of representatives of the candidate to be present at a polling station, but only two of each candidate’s representatives may be present at any time.

  • Marginal note:Representatives may absent themselves from poll

    (2) A representative of a candidate, or an elector described in paragraph 135(1)(d), may leave a polling station at any time and return at any time before the counting of the votes begins and is not required to produce a new written authorization from the candidate or official agent, or a copy of one, or to make another solemn declaration.

  • Marginal note:Moving between polling stations

    (2.1) Despite subsection (2), a candidate’s representative may, either before or after the counting of the votes begins, go from one polling station to another if those polling stations are in the same polling place. However, once the representative leaves the polling place, he or she is not permitted to return after the counting of the votes begins.

  • Marginal note:Examination of list of electors and conveying information

    (3) A representative of a candidate may, during voting hours,

    • (a) examine the list of electors, provided that the representative does not delay an elector in casting his or her vote; and

    • (b) convey any information obtained by the examination referred to in paragraph (a) to a representative of the candidate who is on duty outside the polling station.

  • Marginal note:Photographs, recordings and communications devices

    (4) A candidate’s representative

    • (a) shall not take any photograph or make any audio or video recording at a polling station; and

    • (b) shall not, if he or she uses a communications device at a polling station, impede any elector from exercising their right to vote or violate the secrecy of the vote.

  • 2000, c. 9, s. 136
  • 2014, c. 12, s. 45
  • 2018, c. 31, s. 89

Marginal note:Candidate may act as representative

  •  (1) A candidate may perform the duties of a representative of the candidate, or may assist the representative in the performance of those duties, and may be present at any place that the representative is authorized to attend under this Act.

  • Marginal note:Non-attendance of representatives

    (2) The non-attendance of a representative of a candidate at any time or place authorized by this Act does not in any way invalidate any act or thing done during the absence of the representative if the act or thing is otherwise duly done.

Marginal note:Initialling ballots

  •  (1) Before a polling station opens on polling day, and in full view of the candidates or their representatives who are present at the polling station, an election officer who is assigned to the polling station shall initial the back of every ballot in the space indicated in Form 3 of Schedule 1, entirely in ink or entirely in black pencil so that when the ballot is folded the initials can be seen. The initials shall be as similar as possible on each ballot.

  • Marginal note:Ballots not to be detached

    (2) For the purpose of initialling, the ballots shall not be detached from the books in which they are contained.

  • Marginal note:Vote not to be delayed

    (3) The opening of a polling station shall not be delayed for the purpose of initialling the ballots. Ballots that are not initialled when the polling station opens shall be initialled as soon as possible and in all cases before being handed to electors.

  • 2000, c. 9, s. 138
  • 2018, c. 31, s. 90

Marginal note:Counting of ballots before opening of poll

 Candidates or their representatives who are in attendance at least 15 minutes before a polling station opens are entitled to have the ballots intended to be used at the polling station carefully counted in their presence and to inspect the ballots and all other documents relating to the vote.

Marginal note:Examining and sealing ballot box

 When the polling station opens, an election officer who is assigned to the polling station shall, in full view of the candidates or their representatives who are present, open the ballot box and ascertain that it is empty, and shall

  • (a) seal the ballot box with the seals provided by the Chief Electoral Officer; and

  • (b) place the ballot box on a table in full view of all present and ensure that the box remains there until the polling station closes.

  • 2000, c. 9, s. 140
  • 2018, c. 31, s. 91

Admitting Voters

Marginal note:Calling electors

 Immediately after the ballot box is sealed, an election officer who is assigned to the polling station shall call on the electors to vote.

  • 2000, c. 9, s. 141
  • 2018, c. 31, s. 92

Marginal note:Electors not to be impeded

 An election officer who is assigned to the polling station shall ensure that every elector is admitted into the polling station and that the electors are not disturbed when they are in or near the polling station.

  • 2000, c. 9, s. 142
  • 2018, c. 31, s. 92

Marginal note:Elector to give name and address

  •  (1) Each elector, in order to receive a ballot, shall give his or her name and address to an election officer who is assigned to the polling station, and, on request, to a candidate or a candidate’s representative.

  • Marginal note:Proof of identity and residence

    (2) If the election officer determines that the elector’s name and address appear on the list of electors or that the elector is allowed to vote under section 146, 147, 148 or 149, then, subject to subsection (3), the elector shall provide the election officer with the following proof of his or her identity and residence:

    • (a) one piece of identification issued by a Canadian government, whether federal, provincial or local, or an agency of such a government, that contains a photograph of the elector and his or her name and address; or

    • (b) two pieces of identification of a type authorized under subsection (2.1), each of which establishes the elector’s name and at least one of which establishes the elector’s address.

  • Marginal note:Authorized types of identification

    (2.1) The Chief Electoral Officer may authorize types of identification for the purposes of paragraph (2)(b). For greater certainty, any document may be authorized, regardless of who issued it.

  • Marginal note:Person registered as an Indian

    (2.2) For the purposes of paragraph (2)(b), a document issued by the Government of Canada that certifies that a person is registered as an Indian under the Indian Act constitutes an authorized piece of identification.

  • Marginal note:Solemn declaration

    (3) An elector may instead prove his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing if he or she is accompanied by another elector whose name appears on the list of electors for the same polling station and who

    • (a) provides the election officer referred to in subsection (1) with the piece or pieces of identification referred to in paragraph (2)(a) or (b), respectively; and

    • (b) vouches for the elector by making the solemn declaration referred to in subsection 549.1(2) in writing.

  • Marginal note:Vouching for electors in long-term care institution

    (3.01) If an elector who resides in an institution for seniors or persons with a disability wishes to prove his or her identity and residence under subsection (3), the other elector referred to in that subsection who accompanies him or her may be an employee of the institution who resides — despite that subsection — in any polling division in the elector’s electoral district or an adjacent electoral district.

  • Marginal note:Definition of employee

    (3.02) In subsection (3.01), employee includes an owner of the institution and any person who occupies a management position at the institution.

  • Marginal note:Proof of residence

    (3.1) If the address contained in the piece or pieces of identification provided under subsection (2) or paragraph (3)(a) does not prove the elector’s residence but is consistent with information related to the elector that appears on the list of electors, the elector’s residence is deemed to have been proven.

  • Marginal note:Request to make solemn declaration

    (3.2) Despite subsection (3.1), if the election officer referred to in subsection (1), a candidate or a candidate’s representative has reasonable doubts concerning the residence of an elector referred to in subsection (3.1), the officer, candidate or representative may request that the elector make the solemn declaration referred to in subsection 549.1(1) in writing, in which case the elector’s residence is deemed to have been proven only if he or she makes that solemn declaration.

  • Marginal note:Examination of identification documents

    (3.3) A candidate or their representative may examine but not handle any piece of identification presented under this section.

  • Marginal note:Voting

    (4) If the election officer is satisfied that an elector’s identity and residence have been proven in accordance with subsection (2), (3), (3.1) or (3.2), the elector’s name shall be crossed off the list and, subject to section 144, the elector shall be immediately allowed to vote.

  • (5) [Repealed, 2018, c. 31, s. 93]

  • (6) [Repealed, 2018, c. 31, s. 93]

  • Marginal note:Publication

    (7) The Chief Electoral Officer shall publish each year, and within three days after the issue of a writ, in a manner that he or she considers appropriate, a notice setting out the types of identification that are authorized for the purpose of paragraph (2)(b). The first annual notice shall be published no later than six months after the coming into force of this subsection.

  • 2000, c. 9, s. 143
  • 2007, c. 21, s. 21, c. 37, s. 1
  • 2014, c. 12, s. 46
  • 2018, c. 31, s. 93

Marginal note:Requirement before making solemn declaration — elector

  •  (1) If a person decides to prove his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the qualifications for electors and the penalty that may be imposed under this Act on a person who is found guilty of voting or attempting to vote at an election knowing that he or she is not qualified as an elector or who contravenes subsection 549(3).

  • Marginal note:Requirement before making solemn declaration — vouching for elector

    (2) If a person decides to vouch for an elector by making the solemn declaration referred to in subsection 549.1(2) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the penalty that may be imposed under this Act on a person who contravenes any of subsections 282.1(1) to (3) or 549(3).

  • 2007, c. 21, s. 21
  • 2014, c. 12, s. 47
  • 2018, c. 31, s. 94

Marginal note:Proof of qualification as elector

 If the election officer referred to in subsection 143(1), a candidate or a candidate’s representative has reasonable doubts concerning whether a person intending to vote is qualified as an elector, the officer, candidate or representative may request that the person make the solemn declaration referred to in subsection 549.1(1) in writing, in which case the person shall not be allowed to vote unless he or she makes that solemn declaration.

  • 2000, c. 9, s. 144
  • 2007, c. 21, s. 21
  • 2018, c. 31, s. 94

Marginal note:Proof of identity, etc., or oath not required

 Once an elector has been given a ballot, no person shall require the elector to prove his or her identity and residence in accordance with subsection 143(2) or (3).

  • 2007, c. 21, s. 21

 [Repealed, 2007, c. 21, s. 21]

Marginal note:Name and address corresponding closely to another

 If the name and address of a person who asks for a ballot do not appear in the list of electors but a different name and address in that list correspond so closely as to suggest that they are intended to refer to that person, the person shall not be allowed to vote unless he or she makes a solemn declaration in the prescribed form.

  • 2000, c. 9, s. 146
  • 2007, c. 21, s. 22
  • 2018, c. 31, s. 95

Marginal note:Person in whose name another has voted

  •  (1) If a person asks for a ballot at a polling station after someone else has voted under that person’s name, the person shall not be allowed to vote unless he or she makes the solemn declaration referred to in subsection 549.1(1) in writing.

  • Marginal note:Requirement before making solemn declaration

    (2) An election officer shall, before the person makes the solemn declaration, advise the person in writing of the penalty that may be imposed under this Act on a person who is found guilty of voting or attempting to vote more than once contrary to section 281.5 or of requesting or applying for a ballot or special ballot in a name that is not his or her own contrary to paragraph 281.7(1)(a).

  • 2000, c. 9, s. 147
  • 2007, c. 21, s. 22
  • 2014, c. 12, s. 48
  • 2018, c. 31, s. 95

Marginal note:Name crossed off list in error

 If an elector claims that his or her name has been crossed off in error from an official list of electors under subsection 176(2) or (3), the elector shall not be allowed to vote unless the returning officer verifies that the elector’s name was crossed off in error or the elector makes the solemn declaration referred to in subsection 549.1(1) in writing.

  • 2000, c. 9, s. 148
  • 2007, c. 21, s. 22
  • 2014, c. 12, s. 48
  • 2018, c. 31, s. 95

Marginal note:Failure to prove identity or residence

  •  (1) An elector who fails to prove his or her identity and residence in accordance with section 143 or to make a solemn declaration otherwise required by this Act shall not receive a ballot or be allowed to vote.

  • Marginal note:When elector refuses to make solemn declaration

    (2) If an elector refuses to make a solemn declaration on the ground that he or she is not required to do so under this Act, the elector may appeal to the returning officer. If, after consultation with the election officer in whose opinion the elector is required to make the solemn declaration, the returning officer decides that the elector is not required to make it, and if the elector is entitled to vote in the polling division, the returning officer shall direct that he or she be allowed to do so.

  • 2007, c. 21, s. 22
  • 2014, c. 12, s. 49
  • 2018, c. 31, s. 95

Marginal note:Elector not allowed to vote

 An elector whose name does not appear on the official list of electors in his or her polling station shall not be allowed to vote unless

  • (a) the elector gives the election officer referred to in subsection 143(1) a transfer certificate described in section 158 or 159 and, for a certificate described in subsection 158(2), fulfils the conditions described in subsection 158(3); or

  • (b) the elector gives the election officer a registration certificate described in subsection 161(4).

  • (c) [Repealed, 2018, c. 31, s. 96]

  • 2000, c. 9, s. 149
  • 2007, c. 21, s. 23
  • 2018, c. 31, s. 96

Voting Procedure

Marginal note:Delivery of ballot to elector

  •  (1) Every elector who is admitted to vote shall be given a ballot by the election officer referred to in subsection 143(1), after that election officer has placed on the back of the ballot, in the space indicated in Form 3 of Schedule 1, the number of the elector’s polling division.

  • Marginal note:Instructions to elector on receiving ballot

    (2) The election officer shall explain to each elector how to indicate his or her choice and fold the ballot so that its serial number and the initials of the election officer who initialed the ballot are visible and shall direct the elector to return the marked and folded ballot.

  • 2000, c. 9, s. 150
  • 2018, c. 31, s. 97

Marginal note:Manner of voting

  •  (1) An elector shall, after receiving a ballot,

    • (a) proceed directly to the voting compartment;

    • (b) mark the ballot with a cross or other mark in the circular space opposite the name of the candidate of his or her choice;

    • (c) fold the ballot as instructed by the election officer; and

    • (d) return the ballot to the election officer who provided it.

  • Marginal note:Return of ballot

    (2) The election officer shall, on receiving the ballot from the elector,

    • (a) without unfolding the ballot, verify that it is the same one that was handed to the elector by examining its serial number and the initials on it;

    • (b) remove and destroy the counterfoil in full view of the elector and all other persons present; and

    • (c) return the ballot to the elector to deposit in the ballot box or, at the elector’s request, deposit it in the ballot box.

  • 2000, c. 9, s. 151
  • 2018, c. 31, s. 98

Marginal note:Spoiled ballot

  •  (1) If the ballot is incapable of being used, the elector shall return it to the election officer referred to in subsection 143(1), who shall mark it as a spoiled ballot, place it in the envelope supplied for the purpose and give the elector another ballot.

  • Marginal note:Limit

    (2) An elector shall not be given more than one ballot under subsection (1).

  • 2000, c. 9, s. 152
  • 2018, c. 31, s. 99

Marginal note:No delay in voting

  •  (1) Every elector shall vote without delay and leave the polling station as soon as his or her ballot has been put into the ballot box.

  • Marginal note:Electors present at close of voting hours allowed to vote

    (2) An elector who is entitled to vote at a polling station and who is in the polling station or in line at the door at the close of voting hours shall be allowed to vote.

Special Voting Procedures

Marginal note:Assistance by election officer

  •  (1) On request by an elector who is unable to read or because of a disability is unable to vote in the manner described by this Act, an election officer who is assigned to the polling station shall assist the elector in the presence of another election officer who is assigned to the polling station.

  • Marginal note:Template

    (2) An election officer who is assigned to the polling station shall, on request, provide a template to an elector who has a visual impairment to assist him or her in marking his or her ballot.

  • 2000, c. 9, s. 154
  • 2018, c. 31, s. 100

Marginal note:Assistance by friend or related person

  •  (1) If an elector requires assistance to vote, one of the following persons may accompany the elector into the voting compartment and assist the elector to mark his or her ballot:

    • (a) a friend of the elector;

    • (b) the elector’s spouse or common-law partner; or

    • (c) a relative of the elector or of the elector’s spouse or common-law partner.

  • (2) [Repealed, 2018, c. 31, s. 101]

  • Marginal note:Solemn declaration

    (3) A person described in subsection (1) who wishes to assist an elector in marking a ballot shall first make a solemn declaration, in the prescribed form, that he or she

    • (a) will mark the ballot paper in the manner directed by the elector;

    • (b) will not disclose the name of the candidate for whom the elector voted;

    • (c) will not try to influence the elector in choosing a candidate; and

    • (d) has not, during the current election, assisted another person, as a friend, to mark a ballot.

  • (4) [Repealed, 2018, c. 31, s. 101]

  • 2000, c. 9, s. 155, c. 12, s. 40
  • 2018, c. 31, s. 101

Marginal note:Use of interpreter

 An election officer who is assigned to a polling station may appoint a language or sign language interpreter to assist election officers at the polling station in communicating to an elector any information that is necessary to enable him or her to vote.

  • 2000, c. 9, s. 156
  • 2018, c. 31, s. 102

Marginal note:Elector who is confined to bed

  •  (1) At a polling station that has been established in an institution for seniors or persons with a disability, when an election officer who is assigned to the polling station considers it necessary, the election officer shall

    • (a) suspend temporarily the voting in the polling station; and

    • (b) with the approval of the person in charge of the institution, carry the ballot box, ballots and other necessary election documents from room to room in the institution to take the votes of electors who are confined to bed and ordinarily resident in the polling division in which the institution is situated.

  • Marginal note:Procedure for taking the votes

    (2) When the vote of an elector who is confined to bed is taken, an election officer assigned to the polling station shall give the elector the assistance necessary to enable the elector to vote, and not more than one representative of each candidate may be present.

  • 2000, c. 9, s. 157
  • 2018, c. 31, s. 103

Transfer Certificates

Marginal note:Transfer certificate for candidate

  •  (1) A candidate whose name appears on the list of electors for a polling station is entitled on request to receive a transfer certificate to vote at another polling station in the same electoral district.

  • Marginal note:Transfer certificate for election officer

    (2) An election officer who is assigned to a polling station shall issue a transfer certificate to any person — other than himself or herself — whose name appears on the official list of electors for the polling station and who has been appointed to act as an election officer for another polling station in the same electoral district.

  • Marginal note:Condition

    (3) A transfer certificate issued under subsection (2) authorizes the person to vote at the polling station named in it only if, on polling day, the person exercises the power or performs the duty specified in the certificate at the place mentioned in the certificate.

  • Marginal note:Transfer certificate for elector whose polling station has moved

    (4) If an elector’s polling station moves to another location after the notice of confirmation of registration has been sent, an elector who attends at the polling station set out in the notice is entitled on request to receive a transfer certificate to vote at that polling station.

  • 2000, c. 9, s. 158
  • 2007, c. 21, s. 24
  • 2018, c. 31, s. 104

Marginal note:Transfer certificate for elector with disability

  •  (1) An elector who has a disability and is therefore unable to vote without difficulty in his or her polling station may apply for a transfer certificate to vote at another polling station in the same electoral district.

  • Marginal note:Application

    (2) The application shall be made in accordance with the Chief Electoral Officer’s instructions.

  • Marginal note:Issue of transfer certificate to elector with disability

    (3) An election officer shall issue a transfer certificate in the prescribed form, and provide the certificate to the person who submitted the application to the officer, if the officer is satisfied that the elector’s name appears on a list of electors for the electoral district.

  • 2000, c. 9, s. 159, c. 12, s. 40
  • 2007, c. 21, s. 25
  • 2018, c. 31, s. 105

Marginal note:Signing, numbering and recording transfer certificate

 The election officer who issues a transfer certificate shall

  • (a) fill in and sign the certificate and mention on it the date of its issue;

  • (b) consecutively number the certificate in the order of its issue;

  • (c) keep a record of the certificate in the order of its issue on the prescribed form;

  • (d) not issue the certificate in blank; and

  • (e) if possible, send a copy of the certificate to an election officer who is assigned to the polling station on whose list of electors appears the name of the person to whom the certificate has been issued.

  • 2000, c. 9, s. 160
  • 2018, c. 31, s. 106

Polling Day Registration

Marginal note:Registration in person

  •  (1) An elector whose name is not on the list of electors may register in person on polling day before an election officer if the elector

    • (a) provides as proof of his or her identity and residence the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing an address that proves his or her residence; or

    • (b) proves his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing and is accompanied by another elector whose name appears on the list of electors for the same polling station and who

      • (i) provides the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing either an address that proves that other elector’s residence or an address that is consistent with information related to that other elector that appears on the list of electors, and

      • (ii) vouches for the elector by making the solemn declaration referred to in subsection 549.1(2) in writing.

  • Marginal note:Vouching for electors in long-term care institution

    (2) If an elector who resides in an institution for seniors or persons with a disability wishes to prove his or her identity and residence under subsection (1), the other elector referred to in paragraph (1)(b) who accompanies him or her may be an employee of the institution who resides — despite that paragraph — in any polling division in the elector’s electoral district or an adjacent electoral district.

  • Marginal note:Definition of employee

    (2.1) In subsection (2), employee includes an owner of the institution and any person who occupies a management position at the institution.

  • Marginal note:Representative of each candidate

    (3) The election officer shall permit each candidate, or one representative of each candidate, in the electoral district to be present when an elector is being registered.

  • Marginal note:Examination of identification documents

    (3.1) The representative of a candidate may examine but not handle any piece of identification provided by the elector.

  • Marginal note:Registration certificate

    (4) If the elector satisfies the requirements of subsection (1), the election officer shall complete a registration certificate in the prescribed form authorizing the elector to vote and the elector shall sign it. The registration certificate shall include a solemn declaration made by the elector that he or she is qualified as an elector under section 3.

  • Marginal note:List deemed to be modified

    (5) When a registration certificate is given under subsection (4), the list of electors is deemed, for the purposes of this Act, to have been modified in accordance with the certificate.

  • Marginal note:Prohibition — registration on polling day

    (5.1) It is prohibited for any person to

    • (a) knowingly apply to be registered on polling day in a name that is not their own;

    • (b) knowingly apply, except as authorized by this Act, to be registered on polling day to vote in a polling division in which they are not ordinarily resident;

    • (c) apply to be registered on polling day to vote in an electoral district knowing that they are not qualified as an elector or entitled to vote in the electoral district; or

    • (d) compel, induce or attempt to compel or induce any other person to make a false or misleading statement relating to that other person’s qualification as an elector for the purposes of the registration of that other person on polling day.

  • (6) [Repealed, 2018, c. 31, s. 107]

  • (7) [Repealed, 2018, c. 31, s. 107]

  • 2000, c. 9, s. 161
  • 2007, c. 21, s. 26, c. 37, s. 2
  • 2014, c. 12, s. 50
  • 2018, c. 31, s. 107

Marginal note:Requirement before making solemn declaration — elector

  •  (1) If a person decides to prove his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the qualifications for electors and the penalty that may be imposed under this Act on a person who contravenes subsection 161(5.1) or 549(3).

  • Marginal note:Requirement before making solemn declaration — vouching for elector

    (2) If a person decides to vouch for an elector by making the solemn declaration referred to in subsection 549.1(2) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the penalty that may be imposed under this Act on a person who contravenes any of subsections 282.1(1) to (3) or 549(3).

  • 2007, c. 21, s. 27
  • 2014, c. 12, s. 51
  • 2018, c. 31, s. 108

Duties of Election Officers Assigned to Polling Station

Marginal note:Duties

 An election officer assigned to a polling station — and not necessarily the same election officer for all of the following — shall

  • (a) make, on the prescribed form, the entries required under this Act;

  • (b) as soon as the elector’s ballot has been deposited in the ballot box, indicate, beside the name of the elector on the list of electors, that the elector has voted;

  • (c) indicate, if applicable, on the prescribed form that the elector has voted under a transfer certificate issued under section 158 or 159 and give the number of the certificate;

  • (d) [Repealed, 2018, c. 31, s. 110]

  • (e) indicate, if applicable, on the prescribed form that the elector has voted under section 146;

  • (f) indicate, if applicable, on the prescribed form that the elector has made a solemn declaration and the type of solemn declaration;

  • (g) indicate, if applicable, on the prescribed form that the elector refused to comply with a legal requirement to provide the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, or to make a solemn declaration;

  • (h) indicate, if applicable, on the prescribed form that the elector has been allowed to vote under subsection 148.1(2);

  • (i) indicate, if applicable, on the prescribed form that an elector has voted in the circumstances described in section 147, that the solemn declaration referred to in subsection 549.1(1) has been made or that any other solemn declaration that was required to be made was made, note any objection that was made on behalf of any of the candidates and indicate the candidate’s name;

  • (i.1) prepare, at intervals of no less than 30 minutes, using the prescribed form and as directed by the Chief Electoral Officer, a document permitting the identification of every elector who during that interval has exercised his or her right to vote on polling day — excluding electors who registered on that day — and, on request, provide it to a candidate’s representative;

  • (i.2) prepare, each day after the close of the advance polling station, using the prescribed form and as directed by the Chief Electoral Officer, a document permitting the identification of every elector who has exercised his or her right to vote on that day — excluding electors who registered on that day — and, on request, provide it to a candidate’s representative; and

  • (j) indicate, if applicable, on the prescribed form, that an elector has voted under a registration certificate issued under subsection 161(4).

  • 2000, c. 9, s. 162
  • 2007, c. 21, s. 28
  • 2014, c. 12, s. 52
  • 2018, c. 31, s. 110

Secrecy

Marginal note:Secret vote

 The vote is secret.

Marginal note:Procedure in case of contravention of secrecy

  •  (1) It is the duty of the election officers who are present at the polling station to draw the attention of any elector to an offence that the elector commits in contravening any of paragraphs 281.6(3)(a) to (c) and to the punishment to which the elector is liable, but the elector shall be allowed to vote in the usual way if he or she has not already done so.

  • Marginal note:Clarification

    (2) For greater certainty, if one election officer performs his or her duty under subsection (1) with regard to an elector, no other election officer need do so with regard to that elector.

  • 2000, c. 9, s. 164
  • 2018, c. 31, s. 111

Audit

Marginal note:Engagement of auditor

 For each general election and by-election, the Chief Electoral Officer shall engage an auditor that he or she considers to have technical or specialized knowledge — other than a member of his or her staff or an election officer — to perform an audit and report on whether election officers have properly exercised any of the powers conferred on them under this Act, or properly performed any of the duties imposed on them under this Act, that are specified by the Chief Electoral Officer.

  • 2014, c. 12, s. 53
  • 2018, c. 31, s. 112

Prohibitions

Marginal note:Prohibition — use of loudspeakers on polling day

 No person shall use a loudspeaking device within hearing distance of a polling station on polling day for the purpose of promoting or opposing a political party that is listed on the ballot under the name of a candidate or the election of a candidate.

  • 2000, c. 9, s. 165
  • 2001, c. 21, s. 13

Marginal note:Prohibitions — emblems, etc., in polling station

  •  (1) No person shall

    • (a) post or display in, or on the exterior surface of, a polling place any campaign literature or other material that could be taken as an indication of support for or opposition to a political party that is listed on the ballot under the name of a candidate or the election of a candidate; and

    • (b) while in a polling station, wear any emblem, flag, banner or other thing that indicates that the person supports or opposes any candidate or political party that is listed on the ballot under the name of a candidate, or the political or other opinions entertained, or supposed to be entertained, by the candidate or party.

    • (c) [Repealed, 2018, c. 31, s. 113]

  • Marginal note:Exception

    (2) Despite paragraph (1)(b), a representative of a candidate in a polling station may, in the manner authorized by the Chief Electoral Officer, wear a badge identifying his or her function and the name of the political party that is listed on the ballot under the name of the candidate.

  • 2000, c. 9, s. 166
  • 2001, c. 21, s. 14
  • 2018, c. 31, s. 113

 [Repealed, 2018, c. 31, s. 114]

PART 10Advance Polling

Establishment of Advance Polling Stations

Marginal note:Establishment of advance polling districts

  •  (1) Each returning officer shall, as directed by the Chief Electoral Officer, establish in his or her electoral district advance polling districts that consist of one or more polling divisions.

  • Marginal note:Description of districts

    (2) The returning officer shall give the Chief Electoral Officer a description of each advance polling district that is established.

  • Marginal note:Establishment of advance polling station

    (3) An advance polling station shall be established in each advance polling district.

  • Marginal note:Combining advance polling districts

    (4) When a request is made to a returning officer not later than four days after the issue of the writ, the returning officer may, with the prior approval of the Chief Electoral Officer, combine two advance polling districts into one district.

  • Marginal note:Request to move an advance polling station

    (5) When a request is made to a returning officer not later than four days after the issue of the writ to change the location of an advance polling station, the returning officer, with the prior approval of the Chief Electoral Officer, may do so.

  • Marginal note:Accessibility

    (6) An advance polling station shall be in premises that are accessible to electors with a disability.

  • Marginal note:Exception

    (7) If a returning officer is unable to secure suitable premises for an advance polling station that are accessible to electors with a disability, the returning officer may, with the prior approval of the Chief Electoral Officer, establish the advance polling station in premises that are not accessible to such electors.

  • Marginal note:Advance polling station in more than one premises

    (8) If the returning officer is of the opinion that an advance polling district consists of or includes remote, isolated or low-density communities, the returning officer may, with the prior approval of the Chief Electoral Officer and in accordance with the Chief Electoral Officer’s instructions, establish the advance polling station for that district in premises in more than one such community, and have the election officers who are assigned to the advance polling station — along with the ballot box, ballots and other necessary election documents — be at given ones of those premises on different days of advance polling to take electors’ votes. For greater certainty, subsections (5) to (7) apply to the advance polling station.

  • 2000, c. 9, s. 168
  • 2007, c. 21, s. 29
  • 2018, c. 31, s. 115

Transfer Certificates

Marginal note:Transfer certificate for candidate

  •  (1) A candidate whose name appears on the revised list of electors for an advance polling station is entitled on request to receive a transfer certificate to vote at another advance polling station in the same electoral district.

  • Marginal note:Transfer certificate for election officer

    (2) An election officer who is assigned to an advance polling station shall issue a transfer certificate to any person — other than himself or herself — whose name appears on the revised list of electors for the advance polling station and who has been appointed to act as an election officer for another advance polling station.

  • Marginal note:Condition

    (3) A transfer certificate issued under subsection (2) authorizes the person to vote at the advance polling station named in it only if, on one of the days of advance polling, the person performs the duty specified in the certificate at the place mentioned in the certificate.

  • Marginal note:Transfer certificate for elector whose advance polling station has moved

    (4) If an elector’s advance polling station moves to another location after the notice of confirmation of registration has been sent, an elector who attends at the advance polling station set out in the notice is entitled on request to receive a transfer certificate to vote at that advance polling station.

  • 2018, c. 31, s. 116

Marginal note:Transfer certificate for elector with disability

  •  (1) An elector who has a disability and is therefore unable to vote without difficulty in his or her advance polling station may apply for a transfer certificate to vote at another advance polling station in the same electoral district.

  • Marginal note:Application requirements

    (2) The application shall be made in accordance with the Chief Electoral Officer’s instructions.

  • Marginal note:Issue of transfer certificate to elector with disability

    (3) An election officer shall issue a transfer certificate in the prescribed form, and provide the certificate to the person who submitted the application to the officer, if the officer is satisfied that the elector’s name appears on the revised list of electors for the electoral district.

  • 2018, c. 31, s. 116

Marginal note:Signing, numbering and recording transfer certificate

 The election officer who issues a transfer certificate shall

  • (a) fill in and sign the certificate and mention on it the date of its issue;

  • (b) consecutively number the certificate in the order of its issue;

  • (c) keep a record of the certificate in the order of its issue on the prescribed form;

  • (d) not issue the certificate in blank; and

  • (e) if possible, send a copy of the certificate to an election officer who is assigned to the advance polling station on whose list of electors appears the name of the person to whom the certificate has been issued.

  • 2018, c. 31, s. 116

Registration

Marginal note:Registration at advance polling station

  •  (1) Every elector whose name is not on the revised list of electors may register in person, at the advance polling station where the elector is entitled to vote, before an election officer who is assigned to that advance polling station.

  • Marginal note:Conditions

    (2) An elector shall not be registered unless he or she

    • (a) provides as proof of his or her identity and residence the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing an address that proves his or her residence; or

    • (b) proves his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing and is accompanied by another elector whose name appears on the list of electors for the same polling station and who

      • (i) provides the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, the piece or one of those pieces containing either an address that proves that other elector’s residence or an address that is consistent with information related to that other elector that appears on the list of electors, and

      • (ii) vouches for the elector by making the solemn declaration referred to in subsection 549.1(2) in writing.

  • Marginal note:Vouching for electors in long-term care institution

    (2.01) If an elector who resides in an institution for seniors or persons with a disability wishes to prove his or her identity and residence under subsection (2), the other elector referred to in paragraph (2)(b) who accompanies him or her may be an employee of the institution who resides — despite that paragraph — in any polling division in the elector’s electoral district or an adjacent electoral district.

  • Marginal note:Definition of employee

    (2.02) In subsection (2.01), employee includes an owner of the institution and any person who occupies a management position at the institution.

  • Marginal note:Examination of identification documents

    (2.1) The representative of a candidate may examine but not handle any piece of identification provided by the elector.

  • Marginal note:Registration certificate

    (3) If the elector satisfies the requirements of subsection (2), an election officer who is assigned to the advance polling station shall complete a registration certificate in the prescribed form authorizing the elector to vote and the elector shall sign it. The registration certificate shall include a solemn declaration made by the elector that he or she is qualified as an elector under section 3.

  • Marginal note:Entry

    (4) An election officer who is assigned to the advance polling station shall indicate on the prescribed form the names of the electors who are permitted to vote under this section.

  • Marginal note:Prohibition — registration at advance polling station

    (4.1) It is prohibited for any person to

    • (a) knowingly apply to be registered at an advance polling station in a name that is not their own;

    • (b) knowingly apply, except as authorized by this Act, to be registered at an advance polling station to vote in an advance polling district in which they are not ordinarily resident;

    • (c) apply to be registered at an advance polling station to vote in an electoral district knowing that they are not qualified as an elector or entitled to vote in the electoral district; or

    • (d) compel, induce or attempt to compel or induce any other person to make a false or misleading statement relating to that other person’s qualification as an elector for the purposes of the registration of that other person at an advance polling station.

  • (5) [Repealed, 2018, c. 31, s. 117]

  • (6) [Repealed, 2018, c. 31, s. 117]

  • 2000, c. 9, s. 169
  • 2007, c. 21, s. 30, c. 37, s. 3
  • 2014, c. 12, s. 54
  • 2018, c. 31, s. 117

Marginal note:Requirement before making solemn declaration — elector

  •  (1) If a person decides to prove his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the qualifications for electors and the penalty that may be imposed under this Act on a person who contravenes subsection 169(4.1) or 549(3).

  • Marginal note:Requirement before making solemn declaration — vouching for elector

    (2) If a person decides to vouch for an elector by making the solemn declaration referred to in subsection 549.1(2) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the penalty that may be imposed under this Act on a person who contravenes any of subsections 282.1(1) to (3) or 549(3).

  • 2007, c. 21, s. 31
  • 2014, c. 12, s. 55
  • 2018, c. 31, s. 118

Marginal note:List deemed to be modified

 When a registration certificate is completed and signed in accordance with subsection 169(3), the list of electors is deemed to have been modified in accordance with the certificate.

Voting Procedure

Marginal note:Conduct of advance polls

  •  (1) Except as provided in this Part, an advance poll shall be conducted in the same manner as the manner in which the vote at a polling station on polling day is conducted and shall be regarded as such for all purposes of this Act.

  • Marginal note:When advance polling stations to be open

    (2) An advance polling station shall be open from 9:00 a.m. to 9:00 p.m. on Friday, Saturday, Sunday and Monday, the 10th, 9th, 8th and 7th days, respectively, before polling day, and shall not be open at any other time.

  • 2000, c. 9, s. 171
  • 2014, c. 12, s. 56
  • 2018, c. 31, s. 119

Marginal note:Notice of advance poll

  •  (1) Each returning officer shall, not later than Saturday, the 16th day before polling day,

    • (a) give a notice, in the prescribed form, in the electoral district of the advance poll, that sets out the following information:

      • (i) the numbers of the polling divisions in every advance polling district established by the returning officer,

      • (ii) the location of each advance polling station,

      • (iii) the place where, for each advance polling station, an election officer who is assigned to the advance polling station shall count the number of votes cast at the advance polling station, and

      • (iv) that the counting of the votes cast shall begin on polling day as soon after the close of the polling stations as possible or, with the Chief Electoral Officer’s prior approval, one hour before the close of the polling stations;

    • (b) send two copies of the notice to each candidate and to the Chief Electoral Officer; and

    • (c) make available to each candidate in the electoral district a map of the electoral district indicating the boundaries of each advance polling district and the location of each advance polling station.

  • Marginal note:Maps made available to registered parties

    (2) The Chief Electoral Officer shall, not later than Saturday, the 16th day before polling day, make available to each registered party maps of each electoral district — in electronic form or in formats that include electronic form — indicating the boundaries of each advance polling district within the electoral district and the location of each advance polling station.

  • 2000, c. 9, s. 172
  • 2018, c. 31, s. 120

Marginal note:Who may vote at advance polls

  •  (1) An elector whose name is on the revised list of electors for a polling division in an advance polling district may vote at the advance polling station established for the advance polling district.

  • Marginal note:Elector not on the revised list

    (2) An elector whose name is not on the revised list of electors may not vote at an advance polling station unless the elector has obtained a transfer certificate under section 168.1 or 168.2 or a registration certificate under subsection 169(3).

  • Marginal note:Procedure by election officer

    (3) If an elector whose name does not appear on the revised list of electors has voted, an election officer who is assigned to the advance polling station shall indicate on the prescribed form that the elector has voted in accordance with subsection (2).

  • 2000, c. 9, s. 173
  • 2007, c. 21, s. 32
  • 2018, c. 31, s. 121

Marginal note:Duties of election officer

  •  (1) If an elector whose name is on the list of electors makes a request to vote at an advance polling station that is established for his or her polling division, an election officer who is assigned to the advance polling station shall permit the elector to vote unless the elector fails to prove his or her identity and residence in accordance with section 143 or to make a solemn declaration otherwise required by this Act.

  • Marginal note:Number of advance polling district

    (1.1) An election officer who gives an elector a ballot at an advance polling station shall, before providing the ballot, place on the back of the ballot, in the space indicated in Form 3 of Schedule 1 for the polling division number, the number of the elector’s advance polling district.

  • Marginal note:Record of votes cast

    (2) An election officer who is assigned to the advance polling station shall keep a record in duplicate at the advance polling station, in the prescribed form, of the names of all persons who vote at the advance polling station, in the order in which they vote, and shall mark on the record the notations that an election officer who is assigned to a polling station is required by this Act to make opposite an elector’s name at the polling station on polling day.

  • 2000, c. 9, s. 174
  • 2007, c. 21, s. 33
  • 2014, c. 12, s. 57
  • 2018, c. 31, s. 122

Marginal note:Opening of advance polling station

  •  (1) At the opening of an advance polling station at 9:00 a.m., an election officer who is assigned to the advance polling station shall, in full view of the candidates or their representatives who are present,

    • (a) on the 1st day of advance polling,

      • (i) open the ballot box and ascertain that it is empty,

      • (ii) seal the ballot box with the seals provided by the Chief Electoral Officer, and

      • (iii) place the ballot box on a table in full view of all present and keep it there until the close of the advance polling station on that day; and

    • (b) on the 2nd, 3rd and 4th days of advance polling, place the ballot box on a table in full view of all present and keep it there until the close of the advance polling station on that day.

  • Marginal note:Close of advance polling station

    (2) At the close of an advance polling station at 9:00 p.m. on each of the four days of advance polling, an election officer who is assigned to the advance polling station shall, in full view of the candidates or their representatives who are present, and in accordance with instructions that the Chief Electoral Officer considers necessary to ensure the integrity of the vote, take the measures set out in those instructions.

  • Marginal note:Other ballot boxes

    (3) If an election officer who is assigned to the advance polling station determines, in accordance with the Chief Electoral Officer’s instructions, that another ballot box is needed at the advance polling station, then an election officer who is assigned to the advance polling station shall, in full view of the candidates or their representatives who are present and in accordance with those instructions,

    • (a) take the steps set out in subparagraphs (1)(a)(i) to (iii) with regard to that other ballot box; and

    • (b) take the steps set out in paragraph (1)(b) and in subsection (2) with regard to the ballot boxes in the circumstances set out in those instructions.

  • Marginal note:Candidates may check seals

    (4) The candidates or their representatives may take note of the serial numbers of the seals on the following ballot boxes at the times indicated:

    • (a) for any ballot box that was used on a day of advance polling, note may be taken when an advance polling station closes on each of the four days of advance polling;

    • (b) for a ballot box that is placed on the table in accordance with subsection (1) or (3), note may be taken when it is placed there; and

    • (c) for each of the ballot boxes that were used for advance polling, note may be taken when the votes are counted on polling day.

  • Marginal note:Custody of ballot boxes

    (5) Until the counting of the ballots on polling day, an election officer shall keep the sealed ballot box or boxes in his or her custody in accordance with the Chief Electoral Officer’s instructions.

  • Marginal note:Recovery of ballot box

    (6) Despite subsection (5), the returning officer may recover any ballot box that another election officer is required under that subsection to have in his or her custody if the returning officer considers that such action is necessary to ensure the integrity of the vote. The returning officer shall inform the Chief Electoral Officer of the matter as soon as possible.

  • Marginal note:Recovery of ballot box — dwelling place or vehicle

    (7) If a ballot box to be recovered is in a dwelling place or a vehicle, the returning officer may enter the dwelling place or vehicle without the occupant’s or owner’s consent only if the returning officer is accompanying a peace officer who enters the dwelling place or vehicle under the authority of a warrant issued under subsection (8).

  • Marginal note:Authority to issue warrant

    (8) On ex parte application by the returning officer, a justice of the peace may issue a warrant authorizing a peace officer to enter a dwelling place or a vehicle, accompanied by the returning officer, if the justice is satisfied by information on oath that

    • (a) a ballot box is in the dwelling place or vehicle;

    • (b) entry to the dwelling place or vehicle is necessary to recover the ballot-box; and

    • (c) entry was refused by the occupant or owner or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant or owner.

  • Marginal note:Telewarrant

    (9) If a returning officer believes that it would not be practical to appear personally to make an application for a warrant under subsection (8), a warrant may be issued by telephone or other means of telecommunication on application submitted by telephone or other means of telecommunication, and section 487.1 of the Criminal Code applies for that purpose with any necessary modifications.

  • 2000, c. 9, s. 175
  • 2014, c. 12, s. 58
  • 2018, c. 31, s. 122

Marginal note:Collecting the record of votes cast at an advance polling station

  •  (1) As soon as possible after the close of advance polling stations on Monday, the 7th day before polling day, the returning officer shall have the original copy of the record of votes cast collected from the advance polling stations.

  • Marginal note:Crossing off names of voters at advance polls from lists

    (2) Without delay after the returning officer collects the records of votes cast at advance polling stations, he or she shall cross off the lists of electors the names of all electors who voted at the advance polling stations.

  • Marginal note:When lists already distributed

    (3) If an official list of electors is sent to a polling station containing the names of electors that appear in the record of votes cast at an advance polling station as having already voted, the returning officer shall instruct an election officer who is assigned to the polling station to cross their names off the list, and the election officer shall do so without delay.

  • 2000, c. 9, s. 176
  • 2018, c. 31, s. 123

PART 11Special Voting Rules

Interpretation and Application

Marginal note:Definitions

 The definitions in this section apply in this Part, and Parts 11.1 and 19.

administrative centre

administrative centre[Repealed, 2018, c. 31, s. 124]

application for registration and special ballot

application for registration and special ballot means an application completed by an elector in order to vote under this Part. (demande d’inscription et de bulletin de vote spécial)

Canadian Forces elector

Canadian Forces elector[Repealed, 2018, c. 31, s. 124]

commanding officer

commanding officer means the commanding officer of a unit. (commandant)

coordinating officer

coordinating officer means the person so designated by the Minister of National Defence under subsection 199(1) or a person so designated by the minister responsible for corrections in a province under section 246. (agent coordonnateur)

deputy returning officer

deputy returning officer[Repealed, 2018, c. 31, s. 124]

incarcerated elector

incarcerated elector means an elector who is incarcerated in a correctional institution. (électeur incarcéré)

inner envelope

inner envelope means an envelope, including one that is supplied by the Chief Electoral Officer, in which a ballot or special ballot is to be enclosed after it has been marked. (enveloppe intérieure)

liaison officer

liaison officer means an elector designated as a liaison officer under subsection 199.2(1) or a person appointed as a liaison officer under subsection 248(1). (agent de liaison)

outer envelope

outer envelope means an envelope, including one that is supplied by the Chief Electoral Officer, in which a ballot or special ballot is to be transmitted after it has been marked and enclosed in an inner envelope. (enveloppe extérieure)

special ballot

special ballot means a ballot, other than a ballot referred to in section 241, that is provided to an elector who is entitled to vote under this Part. (bulletin de vote spécial)

special ballot officer

special ballot officer means a person who is appointed by the Chief Electoral Officer under section 183 or 184. (agent des bulletins de vote spéciaux)

special voting rules administrator

special voting rules administrator means a person who is appointed under section 181. (administrateur des règles électorales spéciales)

statement of ordinary residence

statement of ordinary residence[Repealed, 2018, c. 31, s. 124]

unit

unit has the same meaning as in subsection 2(1) of the National Defence Act and includes a base or other element. (unité)

unit election officer

unit election officer means an elector designated as a unit election officer under paragraph 205(1)(b). (fonctionnaire électoral d’unité)

voting territory

voting territory[Repealed, 2018, c. 31, s. 124]

  • 2000, c. 9, s. 177
  • 2018, c. 31, s. 124

Marginal note:Application

  •  (1) The voting procedures contained in this Part apply to general elections only.

  • Marginal note:Exception

    (2) The Chief Electoral Officer may, by instructions, adapt this Part so that any or all of its provisions apply to a by-election.

Marginal note:Instructions

 For the purpose of applying this Part to, or adapting any provision of this Part in respect of, a particular circumstance, the Chief Electoral Officer may issue any instructions that he or she considers necessary in order to execute its intent.

DIVISION 1Administration and General Procedures

 [Repealed, 2018, c. 31, s. 125]

Marginal note:Appointment of special voting rules administrator

 The Chief Electoral Officer shall appoint, in the prescribed form, a special voting rules administrator.

Marginal note:Duties of special voting rules administrator

 The special voting rules administrator shall

  • (a) secure suitable premises;

  • (b) retain the solemn declaration of each special ballot officer that is made under subsection 23(1);

  • (c) obtain from the liaison officers the lists prepared under paragraph 204(1)(b);

  • (d) obtain from the liaison officers the lists of the names of unit election officers that the commanding officers are required to provide;

  • (e) distribute the election materials and the list of candidates;

  • (f) receive, validate, examine and sort the completed outer envelopes that contain special ballots marked by electors;

  • (g) proceed with the counting of the votes of electors; and

  • (h) communicate the results of the votes cast in accordance with this Part.

  • 2000, c. 9, s. 182
  • 2018, c. 31, s. 126

Marginal note:Special ballot officers

  •  (1) After the issue of the writs, the Chief Electoral Officer shall appoint a minimum of six special ballot officers as follows:

    • (a) three, on the recommendation of the Prime Minister or a person whom the Prime Minister designates in writing;

    • (b) two, on the recommendation of the Leader of the Opposition or a person whom that Leader designates in writing; and

    • (c) one, on the recommendation of the Leader of the registered party that has the third largest number of members in the House of Commons as of the last general election, or a person whom that Leader designates in writing.

  • Marginal note:Appointment of special ballot officers

    (2) A special ballot officer shall be appointed in the prescribed form.

Marginal note:Appointment of additional special ballot officers

  •  (1) If the Chief Electoral Officer is of the opinion that the number of special ballot officers appointed under section 183 is insufficient, the Chief Electoral Officer shall appoint additional special ballot officers on recommendations that are, as nearly as possible, in accordance with subsection 183(1).

  • Marginal note:Decision of Chief Electoral Officer

    (2) If the registered parties do not nominate the additional special ballot officers under subsection (1) within 24 hours after notification by the Chief Electoral Officer, the Chief Electoral Officer shall make the appointments from among individuals that he or she selects.

Marginal note:Merger of parties

  •  (1) In the case of a merger of two or more of the registered parties that are represented by the Prime Minister, the Leader of the Opposition or the Leader of the registered party that has the third largest number of members in the House of Commons as of the last general election, the person who may recommend special ballot officers under paragraph 183(1)(c) is the leader of the registered party with the largest number of members in the House of Commons as of the last general election among registered parties other than those three.

  • Marginal note:Decision of Chief Electoral Officer

    (2) In the case of a merger referred to in subsection (1), if there is no registered party whose leader may nominate special ballot officers under paragraph 183(1)(c), the Chief Electoral Officer shall make the appointments from among individuals that he or she considers appropriate.

Marginal note:Form of special ballots

 Special ballots supplied by the Chief Electoral Officer to electors under this Part shall be in accordance with Form 4 of Schedule 1.

Marginal note:Distribution of election materials

 Without delay after the writs are issued, the special voting rules administrator shall distribute to commanding officers and, as the special voting rules administrator considers appropriate, to any other person or to any place the election materials necessary to carry out the purposes and provisions of this Part, including materials for the purpose of determining in which electoral district an elector is entitled to vote.

  • 2018, c. 31, s. 127

Marginal note:List of candidates

 The Chief Electoral Officer shall establish a list of candidates nominated in each electoral district and, in accordance with section 117, set out the political affiliation of each of them.

Marginal note:Delivery of list of candidates

 Without delay after a list of candidates is established, the special voting rules administrator shall provide the list to the coordinating officer, to every liaison officer and commanding officer and, as the special voting rules administrator considers appropriate, to any other person.

  • 2000, c. 9, s. 188
  • 2018, c. 31, s. 128

 [Repealed, 2018, c. 31, s. 128]

DIVISION 2Canadian Forces Electors

Interpretation

Marginal note:Definitions

 The definitions in this section apply in this Division.

alternative address

alternative address means the address of the office of the returning officer for the electoral district of the elector’s place of ordinary residence. (adresse de substitution)

elector

elector means a person referred to in section 191. (électeur)

service number

service number means a unique identifier assigned by the Canadian Forces under the National Defence Act to each member of the Canadian Forces. (numéro matricule)

voting period

voting period means the period beginning 14 days before polling day and ending 9 days before polling day. (période de scrutin)

  • 2000, c. 9, s. 190
  • 2018, c. 31, s. 130

Marginal note:Election officers

 For the purpose of section 9, subsections 23(1) and (2) and section 23.1, the coordinating officer, liaison officers designated under subsection 199.2(1), commanding officers and unit election officers are deemed to be election officers and paragraph 43(c), subsection 484(1) and paragraph 484(3)(f) also apply to them if they are relieved of duty.

  • 2018, c. 31, s. 131

Voting Entitlement

Marginal note:Qualification and right to vote

 Any of the following persons is entitled to vote under this Division if he or she is qualified as an elector under section 3:

  • (a) a member of the regular force of the Canadian Forces;

  • (b) a member of the reserve force of the Canadian Forces; and

  • (c) a member of the special force of the Canadian Forces.

  • (d) [Repealed, 2018, c. 31, s. 133]

  • 2000, c. 9, s. 191
  • 2018, c. 31, s. 133

Registration

Marginal note:Right to register

  •  (1) When a person becomes entitled to vote under this Division, the person’s commanding officer shall inform him or her of the right to ask the Chief Electoral Officer to include him or her in the Register of Electors or, if already included in it, to ask for his or her registration to be updated.

  • Marginal note:Right to register — future elector

    (2) When a future elector is enrolled in the Canadian Forces, or when a member of the Canadian Forces becomes qualified as a future elector, the future elector’s commanding officer shall inform him or her of the right to ask the Chief Electoral Officer to include him or her in the Register of Future Electors or, if already included in it, to ask for his or her registration to be updated.

  • Marginal note:Service number

    (3) An elector, or a future elector who is a member of the Canadian Forces, who asks the Chief Electoral Officer to include him or her in the Register of Electors or Register of Future Electors, or asks for his or her registration to be updated, must provide his or her service number to the Chief Electoral Officer.

  • 2000, c. 9, s. 192
  • 2018, c. 31, s. 134

 [Repealed, 2018, c. 31, s. 134]

 [Repealed, 2018, c. 31, s. 134]

 [Repealed, 2018, c. 31, s. 134]

 [Repealed, 2018, c. 31, s. 134]

 [Repealed, 2018, c. 31, s. 134]

 [Repealed, 2018, c. 31, s. 134]

Coordinating Officer

Marginal note:Designation

  •  (1) The Minister of National Defence shall designate a person as a coordinating officer to work, during and between elections, with the Chief Electoral Officer in carrying out the purposes and provisions of this Division.

  • Marginal note:Duty

    (2) The coordinating officer shall, on request, provide to the Chief Electoral Officer the following information relating to each elector or future elector:

    • (a) his or her surname, given names, gender, rank and service number;

    • (b) his or her date of birth;

    • (c) the civic address and mailing address of his or her place of ordinary residence; and

    • (d) his or her current mailing address.

  • Marginal note:Updating Register of Electors

    (3) The Chief Electoral Officer may use the information provided under subsection (2) to update the Register of Electors or Register of Future Electors.

  • Marginal note:Retention of certain information

    (4) The Chief Electoral Officer may retain the information provided under subsection (2), but not included in the Register of Electors or Register of Future Electors, for the purpose of correlating information subsequently collected with information already contained in the relevant register.

  • Marginal note:Information provided to coordinating officer

    (5) The Chief Electoral Officer may provide the coordinating officer with the information referred to in paragraphs (2)(a) to (d) relating to each elector or future elector who has provided a service number under this Part.

  • 2000, c. 9, s. 199
  • 2018, c. 31, s. 135

Marginal note:Cooperation

 The coordinating officer shall cooperate with the special voting rules administrator to facilitate the voting, under Divisions 3 and 4 of this Part, of

  • (a) a person employed by or in support of the Canadian Forces outside Canada;

  • (b) a person who accompanies a unit or other element of the Canadian Forces that is on service or active service outside Canada, within the meaning of subsection 61(1) of the National Defence Act; or

  • (c) a person who resides outside Canada with a member of the Canadian Forces or with a person referred to in paragraph (a) or (b).

  • 2018, c. 31, s. 136

Liaison Officers

Marginal note:Designation

  •  (1) The Minister of National Defence shall designate one or more electors as liaison officers to work, during and between election periods, with the Chief Electoral Officer and the coordinating officer in carrying out the purposes and provisions of this Division.

  • Marginal note:Duty of coordinating officer

    (2) The coordinating officer shall provide the Chief Electoral Officer with the name and address of each liaison officer as each one is designated.

  • 2018, c. 31, s. 136

Steps to Prepare for Vote

Marginal note:Duty of Chief Electoral Officer

 Without delay after the issue of the writs, the Chief Electoral Officer shall inform the Minister of National Defence and the coordinating officer of their issue.

  • 2000, c. 9, s. 200
  • 2018, c. 31, s. 137

 [Repealed, 2018, c. 31, s. 137]

Marginal note:Duty of coordinating officer

 On being informed of the issue of the writs, the coordinating officer shall inform each liaison officer and commanding officer of their issue.

  • 2000, c. 9, s. 202
  • 2018, c. 31, s. 137

Marginal note:Duty of liaison officers — information

 On being informed of the issue of the writs, a liaison officer shall give each commanding officer in respect of whose unit the liaison officer has liaison duties all necessary information for carrying out the purposes and provisions of this Division.

  • 2000, c. 9, s. 203
  • 2018, c. 31, s. 137

Duties of Commanding Officers

Marginal note:Notice

  •  (1) On being informed of the issue of the writs, each commanding officer shall

    • (a) publish a notice as a part of unit orders; and

    • (b) prepare a list of the names of the electors of his or her unit.

  • Marginal note:Contents of notice

    (2) The notice shall notify electors that an election has been called and of the date of polling day and shall inform the electors that

    • (a) they may vote in accordance with this Division; and

    • (b) the commanding officer will designate one or more unit election officers to collect their votes and fix the voting times during the voting period.

  • Marginal note:Contents of list

    (3) The list shall be arranged alphabetically and shall indicate each elector’s surname, given names and service number, the address of his or her place of ordinary residence and his or her electoral district.

  • 2000, c. 9, s. 204
  • 2018, c. 31, s. 138

Marginal note:Alternative address — commanding officer

  •  (1) For the purpose of maintaining operational security, a commanding officer may indicate on the list of electors, with respect to some or all of the electors in the commanding officer’s unit, their alternative address rather than the address that would otherwise be indicated under subsection 204(3).

  • Marginal note:Alternative address — elector

    (2) For the purpose of maintaining operational security or out of a reasonable apprehension of bodily harm if the address of his or her place of ordinary residence were to appear on the list of electors, an elector may ask his or her commanding officer not to indicate that address on the list of electors. The commanding officer, unless he or she considers that it would not be in the public interest to do so, shall grant the request and indicate the elector’s alternative address on the list.

  • Marginal note:Special voting rules administrator informed

    (3) The commanding officer shall inform the special voting rules administrator, through a liaison officer, that an alternative address has been indicated under this section.

  • Marginal note:Clarification

    (4) For greater certainty, the indication of an alternative address on the list of electors under this section does not change the elector’s place of ordinary residence for the purposes of this Act.

  • 2018, c. 31, s. 139

Marginal note:Duties of commanding officer

  •  (1) After being informed of the issue of the writs, but no later than the 28th day before polling day, each commanding officer shall

    • (a) establish polling stations;

    • (b) designate a sufficient number of electors as unit election officers to allow for voting to take place at each polling station;

    • (c) through a liaison officer, provide the special voting rules administrator with a list of the unit election officers and their ranks, and the list of electors for the unit; and

    • (d) provide the unit election officers with the list of electors for the unit.

  • Marginal note:Facilities

    (2) Each commanding officer shall provide the facilities that are necessary to enable the electors to vote in accordance with this Division.

  • Marginal note:Voting times

    (3) Each commanding officer shall fix the voting times so that the polling stations in his or her unit are open for at least three hours a day on at least three days during the voting period.

  • 2000, c. 9, s. 205
  • 2018, c. 31, s. 140

Marginal note:Mobile polling station

  •  (1) A commanding officer may establish a mobile polling station in any area for the purpose of collecting the votes of electors who cannot conveniently reach polling stations established at their unit.

  • Marginal note:Opening period

    (2) A mobile polling station shall remain in an area and be open for the collection of votes for the days and hours during the voting period that the commanding officer considers necessary to give electors in the area a reasonable opportunity to vote.

Marginal note:Joint polling stations

 The commanding officers of units may establish a joint polling station for electors in their units, if the commanding officers consider that it would be useful to do so for carrying out the purposes and provisions of this Division.

  • 2000, c. 9, s. 207
  • 2018, c. 31, s. 141

Marginal note:Notice of polling stations and voting times

 During each of three or more days before the voting period and on each day on which the vote is held, each commanding officer shall publish in his or her unit’s orders and put in a conspicuous place a notice that states

  • (a) the days on which the electors may vote;

  • (b) the precise location of, and the voting hours at, each polling station, other than a mobile polling station; and

  • (c) in the case of a mobile polling station, its location and the anticipated period during which it is to remain at that location.

Marginal note:Election materials

 On receiving election materials and the list of candidates, each commanding officer shall

  • (a) distribute the materials to the unit election officers; and

  • (b) display the list in one or more conspicuous places or make it otherwise accessible to electors in their unit.

  • 2000, c. 9, s. 209
  • 2018, c. 31, s. 142

Voting

Marginal note:Duties of unit election officer

 During the voting period, a unit election officer shall

  • (a) display the voting instructions provided by the Chief Electoral Officer in relation to the vote under this Division in conspicuous places at each polling station or make them otherwise accessible to electors; and

  • (b) keep available for consultation by the electors the text of this Part, the election materials necessary for determining in which electoral district an elector is entitled to vote and the list of candidates.

  • 2000, c. 9, s. 210
  • 2018, c. 31, s. 143

Marginal note:Representative of registered party

 A Canadian citizen may represent a registered party at a polling station if he or she provides the unit election officer with a copy of an authorization in the prescribed form signed by a candidate for the party.

  • 2000, c. 9, s. 211
  • 2018, c. 31, s. 143

Marginal note:Elector to give name, etc.

  •  (1) Each elector, on arriving at the polling station, shall give his or her name and service number and the address of his or her place of ordinary residence to the unit election officer and, on request, to a representative of a registered party.

  • Marginal note:Alternative address

    (2) For the purpose of subsection (1), if an alternative address is indicated on the list of electors under section 204.1 in respect of the elector, the elector may provide that alternative address.

  • Marginal note:Proof of identity

    (3) If the unit election officer determines that the elector’s name, service number and address appear on the list of electors, then the elector shall provide the officer with the following proof of the elector’s identity:

    • (a) one piece of identification issued by the Canadian Forces that contains a photograph of the elector and his or her name and service number; or

    • (b) two pieces of identification of a type authorized under section 211.3 each of which establishes the elector’s name and at least one of which establishes his or her service number.

  • Marginal note:Examination of identification documents

    (4) A representative of a registered party may examine, but not handle, any piece of identification presented under this section.

  • Marginal note:Name crossed off the list

    (5) If the unit election officer is satisfied that an elector’s identity has been proven in accordance with this section, the elector’s name shall be crossed off the list of electors.

  • 2018, c. 31, s. 143

Marginal note:Application for registration and special ballot

  •  (1) An elector whose name does not appear on the list of electors or whose address on the list does not correspond with the elector’s place of ordinary residence may complete an application for registration and special ballot and provide the unit election officer with the following proof of the elector’s identity:

    • (a) one piece of identification issued by the Canadian Forces that contains a photograph of the elector and his or her name and service number; or

    • (b) two pieces of identification of a type authorized under section 211.3 each of which establishes the elector’s name and at least one of which establishes his or her service number.

  • Marginal note:Content of application

    (2) An application for registration and special ballot shall be in the prescribed form and shall include the following information relating to each elector:

    • (a) his or her surname and given names;

    • (b) his or her date of birth;

    • (c) his or her service number;

    • (d) the civic address and mailing address of his or her place of ordinary residence;

    • (e) his or her current mailing address; and

    • (f) any other information that the Chief Electoral Officer considers necessary to determine the electoral district in which he or she is entitled to vote.

  • Marginal note:Alternative addresses

    (3) For the purpose of maintaining operational security or out of a reasonable apprehension of bodily harm if he or she were to indicate the addresses referred to in paragraph 2(d), the elector may apply to the elector’s commanding officer to use another address for that purpose. The commanding officer, unless he or she considers that it would not be in the public interest to do so, shall grant the application and provide the elector with the alternative address that is to be used on the application for registration and special ballot.

  • Marginal note:Optional information

    (4) In addition to the information specified in subsection (2), the Chief Electoral Officer may request that the elector provide other information that the Chief Electoral Officer considers necessary for implementing agreements made under section 55, but the elector is not required to provide that information.

  • Marginal note:Examination of identification documents

    (5) A representative of a registered party may examine, but not handle, any piece of identification presented under this section.

  • Marginal note:Acceptance of the application

    (6) If the unit election officer is satisfied that an elector’s identity has been proven in accordance with this section, the unit election officer shall accept the application for registration and special ballot.

  • Marginal note:Application of subsections 204.1(3) and (4)

    (7) If an alternative address is used in accordance with subsection (3), subsections 204.1(3) and (4) apply with any necessary modifications.

  • 2018, c. 31, s. 143

Marginal note:Authorized types of identification

 The Chief Electoral Officer may authorize types of identification, in consultation with the coordinating officer, for the purposes of paragraphs 211.1(3)(b) and 211.2(1)(b). For greater certainty, any document may be authorized, regardless of who issued it.

  • 2018, c. 31, s. 143

Marginal note:Declaration of elector

 The unit election officer shall require the elector whose name has been crossed off the list of electors or whose application for registration and special ballot has been accepted to sign the declaration prescribed by the Chief Electoral Officer.

  • 2000, c. 9, s. 212
  • 2018, c. 31, s. 143

Marginal note:Provision of special ballot, etc.

  •  (1) A unit election officer shall, once the elector has signed the declaration referred to in section 212, give the elector a special ballot, an inner envelope, the declaration — if it is not on the outer envelope — and the outer envelope.

  • Marginal note:Limitation

    (1.1) An elector who has received a special ballot under subsection (1) may vote only under this Division.

  • Marginal note:Voting on special ballot

    (2) The elector shall use the special ballot to vote by writing on it, in private, the name of the candidate of his or her choice, folding it and, in the presence of the unit election officer,

    • (a) placing the folded special ballot in the inner envelope and sealing the envelope; and

    • (b) placing the inner envelope and the declaration — if it is not on the outer envelope — in the outer envelope and sealing the outer envelope.

  • Marginal note:Writing candidate’s name

    (3) The candidate shall be indicated on a special ballot by writing the candidate’s given name or initials and surname. If two or more candidates have the same name, their political affiliations shall be indicated.

  • Marginal note:Spoiled special ballot

    (4) If the special ballot is incapable of being used, the elector shall return it to the unit election officer, who shall mark it as a spoiled ballot and give the elector another special ballot.

  • Marginal note:Limit

    (5) An elector shall not be given more than one special ballot under subsection (4).

  • 2000, c. 9, s. 213
  • 2018, c. 31, s. 144

Marginal note:Information to be provided to elector

  •  (1) The unit election officer shall inform an elector that, in order for the special ballot to be counted, the outer envelope must be received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on polling day. The unit election officer shall inform the elector of the service provided by the Canadian Forces to deliver the outer envelope.

  • Marginal note:Sending the outer envelope

    (2) If the elector does not use the delivery service provided by the Canadian Forces, it is the elector’s responsibility to ensure that the outer envelope is sent to the special voting rules administrator.

  • (3) [Repealed, 2018, c. 31, s. 145]

  • 2000, c. 9, s. 214
  • 2018, c. 31, s. 145

Marginal note:Voting by unit election officer

 A unit election officer who is qualified to vote may vote in accordance with this Division.

  • 2000, c. 9, s. 215
  • 2018, c. 31, s. 146

Marginal note:Assistance by unit election officer

  •  (1) If an elector is unable to read or because of a disability is unable to vote in the manner described in this Division, the unit election officer shall assist him or her by

    • (a) completing the declaration referred to in section 212 and writing the elector’s name where the elector’s signature is to be written; and

    • (b) marking the special ballot as directed by the elector in the elector’s presence and in the presence of another elector selected by the elector as a witness.

  • Marginal note:Note and keeping vote secret

    (2) The unit election officer and an elector acting as a witness shall

    • (a) sign a note on the declaration indicating that the elector was assisted; and

    • (b) keep secret the name of the candidate for whom the elector voted.

  • 2000, c. 9, s. 216
  • 2018, c. 31, s. 147

Marginal note:Hospitalized or convalescing elector

  •  (1) An elector who is a patient in a service hospital or convalescent institution during the voting times fixed for the polling stations in his or her unit is deemed to be a member of the unit under the command of the officer in charge of the hospital or institution.

  • Marginal note:Unit election officer for hospitalized electors

    (2) If no unit election officer has been designated for a service hospital or convalescent institution, the unit election officer for the unit to which the hospital or institution belongs is the unit election officer for electors who are patients in the hospital or institution.

  • Marginal note:Bed-ridden electors

    (3) A unit election officer for electors who are patients in a service hospital or convalescent institution may, if that officer considers it advisable and the officer in charge of the hospital or institution approves, go from room to room to administer and collect the votes of electors who are confined to bed.

  • 2000, c. 9, s. 217
  • 2018, c. 31, s. 148

Marginal note:Duty, leave or furlough

 An elector who provides satisfactory evidence of his or her absence from his or her unit during the voting times fixed for the polling stations in that unit because of duty, leave or furlough may apply to a unit election officer of another unit, in accordance with section 211.2, to vote at that officer’s polling station.

  • 2000, c. 9, s. 218
  • 2018, c. 31, s. 149

Marginal note:Delivery of documents to the commanding officer

  •  (1) The unit election officer shall deliver to the unit’s commanding officer,

    • (a) at the end of each voting day, if feasible, and no later than the end of the voting period, the outer envelopes containing the marked special ballots, the applications for registration and special ballot that were accepted by the unit election officer and the service number of each elector who received a special ballot; and

    • (b) at the end of the voting period, any spoiled outer envelopes, any spoiled special ballots and any other election documents and election materials in the unit election officer’s possession.

  • Marginal note:Delivery of outer envelopes, etc.

    (1.1) On receipt of the outer envelopes and applications for registration and special ballot referred to in paragraph (1)(a), the commanding officer shall deliver them to the special voting rules administrator.

  • Marginal note:Provision of information

    (1.2) On receipt of the service numbers referred to in paragraph (1)(a), the commanding officer shall inform the special voting rules administrator, through the liaison officer, of the identity of the electors who received a special ballot.

  • Marginal note:Delivery of election documents and election materials

    (2) On receipt of the election documents and election materials referred to in paragraph (1)(b), the commanding officer shall deliver them to the special voting rules administrator with all other election documents and election materials in the commanding officer’s possession.

  • 2000, c. 9, s. 219
  • 2018, c. 31, s. 149

Marginal note:Informing the returning officer

  •  (1) On being informed under subsection 219(1.2) that an elector has received a special ballot, the special voting rules administrator shall inform the returning officer for the electoral district of the elector’s place of ordinary residence of this.

  • Marginal note:Name on list of electors

    (2) When the returning officer is informed under subsection (1) that an elector has received a special ballot, he or she shall

    • (a) if the elector’s name is not already included on a list of electors, enter the elector’s name on the list of electors for the appropriate polling division in that electoral district; and

    • (b) indicate on the list of electors that the elector has received a special ballot.

  • 2018, c. 31, s. 149

DIVISION 3Electors Resident Outside Canada

Marginal note:Definitions

 The definitions in this section apply in this Division.

elector

elector means an elector who resides outside Canada. (électeur)

register

register means the register referred to in section 222. (registre)

  • 2000, c. 9, s. 220
  • 2018, c. 31, s. 151

Marginal note:Inclusion in register of electors resident outside Canada

 An elector may vote under this Division if

  • (a) his or her application for registration and special ballot is received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on the 6th day before polling day; and

  • (b) his or her name is entered on the register.

  • 2000, c. 9, s. 221
  • 2018, c. 31, s. 152

Marginal note:Register of electors

 The Chief Electoral Officer shall maintain a register of electors in which is entered the surname, given names, gender, date of birth, civic address, mailing address and electoral district of each elector who has filed an application for registration and special ballot in order to vote under this Division and who, at any time before making the application, resided in Canada.

  • 2000, c. 9, s. 222
  • 2003, c. 22, s. 103
  • 2018, c. 31, s. 152

Marginal note:Inclusion in register

  •  (1) An application for registration and special ballot may be made by an elector. It shall be in the prescribed form and shall include

    • (a) satisfactory proof of the elector’s identity;

    • (b) [Repealed, 2018, c. 31, s. 153]

    • (c) the elector’s date of birth;

    • (d) [Repealed, 2018, c. 31, s. 153]

    • (e) the address of the elector’s place of ordinary residence;

    • (f) [Repealed, 2018, c. 31, s. 153]

    • (g) the elector’s mailing address outside Canada; and

    • (h) any other information that the Chief Electoral Officer considers necessary to determine the elector’s entitlement to vote or the electoral district in which he or she may vote.

  • Marginal note:Optional information

    (2) In addition to the information specified in subsection (1), the Chief Electoral Officer may request that the elector provide other information that the Chief Electoral Officer considers necessary for implementing agreements made under section 55, but the elector is not required to provide that information.

  • 2000, c. 9, s. 223, c. 12, s. 40
  • 2018, c. 31, s. 153

Marginal note:Prohibition — change of address

 The address chosen as the place of ordinary residence in Canada in the application for registration and special ballot cannot be changed after the elector’s name is entered in the register.

Marginal note:Information to be provided

 The Chief Electoral Officer may require an elector whose name appears in the register to provide, within the time fixed by the Chief Electoral Officer, any information that is necessary to update the register.

Marginal note:Deletion of names from register

 The Chief Electoral Officer shall delete from the register the name of an elector who

  • (a) does not provide the information referred to in section 225 within the time fixed by the Chief Electoral Officer;

  • (b) makes a signed request to the Chief Electoral Officer to have his or her name deleted from the register;

  • (c) has died and concerning whom a request has been received to have the elector’s name deleted from the register, to which request is attached a death certificate or other documentary evidence of the death;

  • (d) returns to Canada to reside; or

  • (e) cannot be contacted.

  • (f) [Repealed, 2018, c. 31, s. 154]

  • 2000, c. 9, s. 226
  • 2018, c. 31, s. 154

Marginal note:Special ballot

  •  (1) After approving an application for registration and special ballot and after the issue of the writs, the Chief Electoral Officer shall provide a special ballot to every elector whose name is entered in the register.

  • Marginal note:Voting by special ballot

    (2) An elector shall vote by special ballot by

    • (a) writing the name of the candidate of his or her choice on the ballot;

    • (b) placing the ballot in an inner envelope and sealing it;

    • (c) signing the declaration prescribed by the Chief Electoral Officer; and

    • (d) placing the inner envelope and the declaration — if it is not on the outer envelope — in the outer envelope and sealing it.

  • Marginal note:Writing candidate’s name

    (3) The candidate shall be indicated on a special ballot by writing the candidate’s given name or initials and surname. If two or more candidates have the same name, their political affiliation shall be indicated.

  • 2000, c. 9, s. 227
  • 2018, c. 31, s. 155

Marginal note:Sending of outer envelope

 An elector shall send the sealed outer envelope to the Chief Electoral Officer

  • (a) by mail or any other means; or

  • (b) by delivering it to a Canadian Embassy, Canadian High Commission or Canadian Consular Office, to a Canadian Forces base or to any place that the Chief Electoral Officer may designate.

Marginal note:Deadline for return of vote

 The special ballot must be received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on polling day in order to be counted.

  • 2000, c. 9, s. 229
  • 2018, c. 31, s. 156

Marginal note:Responsibilities of elector

 For the purpose of this Division, an elector has the sole responsibility to ensure that

  • (a) his or her application for registration and special ballot is made within the period specified; and

  • (b) his or her special ballot is received within the period specified to be counted.

DIVISION 4Electors Residing in Canada

Marginal note:Definition of elector

 For the purpose of this Division, elector means an elector, other than an incarcerated elector, who resides in Canada and who wishes to vote in accordance with this Division.

  • 2000, c. 9, s. 231
  • 2018, c. 31, s. 157

Marginal note:Conditions for voting by special ballot

  •  (1) An elector may vote under this Division if his or her application for registration and special ballot is received by a returning officer in an electoral district or by the special voting rules administrator after the issue of the writs but before 6:00 p.m. on the 6th day before polling day.

  • Marginal note:Conditions for voting by special ballot — specified later day

    (2) If, for the purpose of this subsection, the Chief Electoral Officer specifies on his or her Internet site a day that is after the 6th day before polling day but before polling day, an elector may vote under this Division if his or her application for registration and special ballot is received by the returning officer in the elector’s electoral district or by the special voting rules administrator after the issue of the writs but before 6:00 p.m. on the specified day.

  • Marginal note:Restriction

    (3) The Chief Electoral Officer may specify a day for the purpose of subsection (2) only if he or she considers that the integrity of the vote will not be affected if applications for registration and special ballots are received after 6:00 p.m. on the 6th day before polling day.

  • 2000, c. 9, s. 232
  • 2018, c. 31, s. 157

Marginal note:Information required for application

  •  (1) The application for registration and special ballot shall be in the prescribed form and shall include the following information:

    • (a) the elector’s name and the address of his or her place of ordinary residence;

    • (b) the elector’s date of birth;

    • (c) satisfactory proof of the elector’s identity and residence;

    • (d) the elector’s mailing address; and

    • (e) any other information that the Chief Electoral Officer considers necessary to determine the elector’s entitlement to vote or the electoral district in which he or she may vote.

  • Marginal note:Electors in danger

    (1.1) An elector who would be under reasonable apprehension of bodily harm if he or she were to indicate the address of his or her place of ordinary residence or his or her mailing address for the purpose of paragraph (1)(a) or (d) may apply to the returning officer or special voting rules administrator to use another address for that purpose. The returning officer or special voting rules administrator, unless he or she considers that it would not be in the public interest to do so, shall grant the application and shall not reveal the addresses in respect of which the application is made except as required to send the special ballot to the elector. For greater certainty, the granting of the application does not change the elector’s place of ordinary residence for the purposes of this Act.

  • Marginal note:Optional information

    (2) In addition to the information specified in subsection (1), the Chief Electoral Officer may request that the elector provide other information that the Chief Electoral Officer considers necessary to implement agreements made under section 55, but the elector is not required to provide that information.

  • (3) [Repealed, 2018, c. 31, s. 158]

  • 2000, c. 9, s. 233
  • 2014, c. 12, s. 59
  • 2018, c. 31, s. 158

 [Repealed, 2018, c. 31, s. 159]

Marginal note:Vote by special ballot only

 Once an elector’s application for registration and special ballot has been accepted, the elector may only vote under this Division.

Marginal note:List of electors

 Once an elector’s application for registration and special ballot has been accepted by the returning officer or special voting rules administrator, he or she shall ensure, in accordance with the Chief Election Officer’s instructions,

  • (a) that the elector’s name is entered on the list of electors for the polling division of the elector’s place of ordinary residence, if it is not already included on a list of electors; and

  • (b) that there is an indication on the list of electors that the elector has received a special ballot.

  • 2000, c. 9, s. 236
  • 2018, c. 31, s. 160

Marginal note:Provision of ballot

  •  (1) Subject to subsection (2) and section 237.1, on acceptance of an elector’s application for registration and special ballot, the elector shall be provided with a special ballot.

  • Marginal note:Provision of ballot and envelopes

    (2) If section 241 applies, then, on acceptance of an elector’s application for registration and special ballot, the elector shall be given a ballot, an inner envelope and an outer envelope.

  • 2000, c. 9, s. 237
  • 2014, c. 12, s. 60
  • 2018, c. 31, s. 160

Marginal note:Proof of identity and residence

  •  (1) If an elector goes to the office of a returning officer to receive his or her ballot or special ballot, then before receiving it the elector shall prove his or her identity and residence in accordance with section 143.

  • Marginal note:Presence of candidate or representative

    (2) A candidate or their representative may be present at the office when the elector

    • (a) receives the ballot;

    • (b) places the folded ballot in the inner envelope and seals it; and

    • (c) places the inner envelope in the outer envelope and seals it.

  • Marginal note:Examination of identification documents

    (3) The candidate or representative may examine but not handle any piece of identification provided by the elector.

  • (3.1) [Repealed, 2018, c. 31, s. 161]

  • (3.2) [Repealed, 2018, c. 31, s. 161]

  • Marginal note:Application of provisions

    (4) For the purposes of this section, the following provisions apply with any necessary modifications in respect of the location in the returning officer’s office where the elector receives his or her ballot or special ballot as though that location were a polling station:

    • (a) sections 135 to 137;

    • (b) sections 143 to 144;

    • (c) subsection 164(1);

    • (d) section 166;

    • (d.1) subsections 281.6(1) to (4);

    • (d.2) section 282.2; and

    • (e) paragraph 489(3)(c).

  • 2014, c. 12, s. 60
  • 2018, c. 31, s. 161

Marginal note:Voting by special ballot

 An elector who has been provided with a special ballot may vote only by following the procedure set out in subsections 227(2) and (3).

  • 2000, c. 9, s. 238
  • 2018, c. 31, s. 162

Marginal note:Receipt of special ballot — application made outside electoral district

  •  (1) In order to have their special ballot counted, an elector whose application for registration and special ballot was accepted by the special voting rules administrator or by a returning officer outside the elector’s electoral district shall ensure that the special ballot is received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on polling day. The special ballot shall be transmitted by

    • (a) sending the sealed outer envelope to the special voting rules administrator by mail or any other means; or

    • (b) delivering it to a Canadian Embassy, High Commission or Consular Office, to a Canadian Forces base outside Canada or to any other place that the Chief Electoral Officer designates.

  • Marginal note:Receipt of special ballot — application made in electoral district

    (2) In order to have their special ballot counted, an elector whose application for registration and special ballot was accepted by the returning officer in the elector’s electoral district shall ensure that the ballot is received at the office of that returning officer before the close of the polling stations on polling day.

  • Marginal note:Vote counted

    (3) Despite subsection (2), a special ballot referred to in that subsection that is received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on polling day shall be counted.

  • 2000, c. 9, s. 239
  • 2018, c. 31, s. 162

Marginal note:Responsibilities of elector

 For the purpose of this Division, an elector has the sole responsibility to ensure that

  • (a) his or her application for registration and special ballot is made within the period specified; and

  • (b) his or her special ballot is received within the period specified to be counted as a vote.

Marginal note:Elector to be given regular ballot

 An elector who applies to vote in person at the office of the returning officer for his or her electoral district after ballots for the electoral district have been printed shall be given a ballot that is not a special ballot and shall immediately vote in the manner described in paragraphs 151(1)(a) and (b) and 227(2)(b) to (d) and return the outer envelope to the election officer.

Marginal note:No marking

 If, under section 241, an elector is given a ballot that is not a special ballot, no marking shall be placed on the back of the ballot in the space otherwise indicated in Form 3 of Schedule 1 for a polling division number.

  • 2018, c. 31, s. 162.1

Marginal note:Spoiled ballot

  •  (1) If the ballot or special ballot is incapable of being used, the elector shall return it to the election officer, who shall mark it as a spoiled ballot and give the elector another ballot or special ballot.

  • Marginal note:Limit

    (2) An elector shall not be given more than one ballot or special ballot, as the case may be, under subsection (1).

  • 2000, c. 9, s. 242
  • 2018, c. 31, s. 163

Marginal note:Assistance

  •  (1) When an elector personally goes to the office of the returning officer and is unable to read or because of a disability is unable to vote in the manner described in this Division, the designated election officer shall assist the elector by

    • (a) completing the declaration referred to in paragraph 227(2)(c) and writing the elector’s name where the elector’s signature is to be written; and

    • (b) marking the ballot as directed by the elector in the elector’s presence.

  • Marginal note:Note on declaration

    (2) An election officer who assists an elector under subsection (1) shall indicate, by signing the note on the declaration, that the elector was assisted.

  • 2000, c. 9, s. 243
  • 2018, c. 31, s. 164

Marginal note:Assistance by friend or related person

  •  (1) If an elector requires assistance to vote, one of the following persons may accompany the elector into the voting compartment at the office of the returning officer and assist the elector to mark his or her ballot:

    • (a) a friend of the elector;

    • (b) the elector’s spouse or common-law partner; or

    • (c) a relative of the elector or of the elector’s spouse or common-law partner.

  • Marginal note:Solemn declaration

    (2) A person described in subsection (1) who wishes to assist an elector in marking a ballot shall first make a solemn declaration in the prescribed form that he or she

    • (a) will mark the ballot paper in the manner directed by the elector;

    • (b) will not disclose the name of the candidate for whom the elector voted;

    • (c) will not try to influence the elector in choosing a candidate; and

    • (d) has not, during the current election, assisted another person, as a friend, to mark a ballot.

  • 2018, c. 31, s. 165

Marginal note:Voting at home

  •  (1) On application of an elector who is unable to read — or who is unable to vote in the manner described in this Division because of a disability — and who is unable to personally go to the office of the returning officer because of a disability, an election officer shall go to the elector’s dwelling place and, in the presence of a witness who is chosen by the elector, assist the elector by

    • (a) completing the declaration referred to in paragraph 227(2)(c) and writing the elector’s name where the elector’s signature is to be written; and

    • (b) marking the ballot as directed by the elector in the elector’s presence.

  • Marginal note:Note on declaration

    (2) The election officer and the witness who assist an elector under subsection (1) shall indicate, by signing the note on the declaration, that the elector was assisted.

  • 2000, c. 9, s. 243.1
  • 2018, c. 31, s. 166

DIVISION 5Incarcerated Electors

Definition of elector

 For the purpose of this Division, elector means an incarcerated elector.

Marginal note:Non-application

 This Division does not apply to an elector who is incarcerated in a place designated under subsection 205(1) of the National Defence Act.

  • 2018, c. 31, s. 167

Marginal note:Entitlement to vote

  •  (1) Every elector is entitled to vote under this Division on the 12th day before polling day.

  • Marginal note:Exercise of right to vote

    (2) An elector is not entitled to vote under this Division unless he or she has signed an application for registration and special ballot under section 251 and a declaration described in section 257.

  • Marginal note:Vote to be in electoral district

    (3) An elector is entitled to vote under this Division only for a candidate in the electoral district in which his or her place of ordinary residence is situated as shown on the application for registration and special ballot made by the elector under section 251.

  • 2000, c. 9, s. 245
  • 2018, c. 31, s. 168

Marginal note:Designation of coordinating officers

 The federal and provincial ministers responsible for correctional institutions shall each designate a person as a coordinating officer to work, during and between elections, with the Chief Electoral Officer to carry out the purposes and provisions of this Division.

  • 2000, c. 9, s. 246
  • 2018, c. 31, s. 169

Marginal note:Notification of issue of the writs

  •  (1) Without delay after the issue of the writs, the Chief Electoral Officer shall inform the federal and provincial ministers responsible for correctional institutions of their issue.

  • Marginal note:Obligations of ministers

    (2) On being informed of the issue of the writs, each minister referred to in subsection (1) shall

    • (a) inform their respective designated coordinating officer of their issue;

    • (b) designate one or more persons to act as liaison officers in connection with the taking of the votes of electors; and

    • (c) inform the Chief Electoral Officer and their respective designated coordinating officer of the name and address of each liaison officer.

  • 2000, c. 9, s. 247
  • 2018, c. 31, s. 170

Marginal note:Liaison officers

  •  (1) The Chief Electoral Officer shall appoint persons designated under paragraph 247(2)(b) in the prescribed form.

  • Marginal note:Duty to cooperate

    (2) During the election period, a liaison officer shall cooperate with the Chief Electoral Officer in the administration of the registration and the taking of the votes of electors, including by informing the Chief Electoral Officer of the identity of the electors who received a special ballot.

  • 2000, c. 9, s. 248
  • 2018, c. 31, s. 171

Marginal note:Duty of coordinating officer

 When a coordinating officer is informed that a liaison officer has been designated, the coordinating officer shall give the liaison officer all necessary information on taking the votes of electors.

Marginal note:Notice of entitlement to vote

  •  (1) A liaison officer shall, without delay after being appointed, post a notice in the prescribed form in a prominent place in the correctional institution that informs electors of the date on which they are entitled to vote in accordance with this Division.

  • Marginal note:Voting hours

    (2) The polling stations shall be open on the 12th day before polling day from 9:00 a.m. and shall be kept open until every elector who is registered under subsection 251(1) has voted, but in no case shall they be kept open later than 8:00 p.m. on that day.

  • 2000, c. 9, s. 250
  • 2018, c. 31, s. 172

Marginal note:Application for registration and special ballot

  •  (1) Before the 12th day before polling day, each liaison officer shall ensure that an application for registration and special ballot in the prescribed form is completed for every eligible elector of the correctional institution who wishes to vote, indicating his or her place of ordinary residence as determined under subsection (2).

  • Marginal note:Residence of elector

    (2) The place of ordinary residence of an elector is the first of the following places for which the elector knows the civic and mailing addresses:

    • (a) his or her residence before being incarcerated;

    • (b) the residence of the spouse, the common-law partner, a relative or a dependant of the elector, a relative of his or her spouse or common-law partner or a person with whom the elector would live but for his or her incarceration;

    • (c) the place of his or her arrest; or

    • (d) the last court where the elector was convicted and sentenced.

  • Marginal note:Optional information

    (3) In addition to providing his or her place of ordinary residence, the Chief Electoral Officer may request that the elector provide other information that the Chief Electoral Officer considers necessary to implement agreements made under section 55, but the elector is not required to provide that information.

  • Marginal note:Validation

    (4) The liaison officer shall validate the application for registration and special ballot by signing it and indicating on it the name of the electoral district that includes the place of ordinary residence as determined under subsection (2).

  • Marginal note:Dispute about electoral district

    (5) If a dispute arises as to in which electoral district an elector may vote, the elector may refer the matter to the returning officer for the electoral district where the correctional institution is located, and the returning officer shall make a final determination in accordance with the process for revising lists of electors.

  • 2000, c. 9, s. 251, c. 12, s. 40
  • 2018, c. 31, s. 173

Marginal note:List of incarcerated electors

 Applications for registration and special ballot are deemed to be the list of electors who vote under this Division.

Marginal note:Polling stations and election officers

  •  (1) Before the 18th day before polling day, each returning officer shall, for each correctional institution in his or her electoral district, in consultation with the liaison officer for the institution, establish one or more polling stations and assign at least two election officers to each polling station.

  • Marginal note:Provision of election materials

    (2) A liaison officer shall, on receiving the election materials and list of candidates,

    • (a) provide, as necessary, the materials to the election officers who are assigned under subsection (1) to a polling station for the correctional institution; and

    • (b) post the list of candidates in one or more conspicuous places in the correctional institution.

  • 2000, c. 9, s. 253
  • 2018, c. 31, s. 174

Marginal note:Duties of election officer

 On the day on which the electors cast their ballots, at each polling station an election officer who is assigned to the polling station shall

  • (a) post two or more copies of the voting instructions, in the prescribed form, in conspicuous places; and

  • (b) keep readily available for consultation by electors a copy of this Part, a set of street indexes, a guide to electoral districts and a list of candidates.

  • 2000, c. 9, s. 254
  • 2018, c. 31, s. 175

Marginal note:Mobile polling stations

  •  (1) A liaison officer shall, when required, establish a mobile polling station within a correctional institution to take the votes of the electors who are confined to their cells or in an infirmary.

  • Marginal note:Common mobile polling stations

    (2) A returning officer may, in cooperation with liaison officers, create a mobile polling station for correctional institutions of fewer than 50 electors that are within the returning officer’s electoral district and that are within reasonable travelling distance of each other.

Marginal note:Representative of registered party

 With the prior authorization of correctional authorities, a Canadian citizen may represent a registered party during the taking of the votes at a correctional institution if he or she provides an election officer who is assigned to a polling station at the correctional institution with an authorization in the prescribed form signed by a candidate for that party, or a copy of one.

  • 2000, c. 9, s. 256
  • 2018, c. 31, s. 176

Marginal note:Declaration of elector

  •  (1) Before delivering a special ballot to an elector, an election officer who is assigned to a polling station at a correctional institution shall require the elector to complete an application for registration and special ballot, if the elector has not already done so, and to sign the declaration on the outer envelope.

  • Marginal note:Giving special ballot to elector

    (2) After the elector has signed the declaration on the outer envelope, the election officer shall

    • (a) sign the outer envelope; and

    • (b) give the elector a special ballot, an inner envelope and the outer envelope.

  • 2000, c. 9, s. 257
  • 2018, c. 31, s. 177

Marginal note:Voting by special ballot

  •  (1) The elector shall vote by writing on the special ballot the name of the candidate of his or her choice, folding it and, in the presence of the election officer,

    • (a) placing the ballot in the inner envelope and sealing the envelope; and

    • (b) placing the inner envelope in the outer envelope and sealing the outer envelope.

  • Marginal note:Writing candidate’s name

    (2) The candidate shall be indicated on a special ballot by writing the candidate’s given name or initials and surname. If two or more candidates have the same name, their political affiliations shall be indicated.

  • Marginal note:Spoiled special ballot

    (3) If the special ballot is incapable of being used, the elector shall return it to the election officer, who shall mark it as a spoiled ballot and give the elector another special ballot.

  • Marginal note:Limit

    (4) An elector shall not be given more than one special ballot under subsection (3).

  • 2000, c. 9, s. 258
  • 2018, c. 31, s. 178

Marginal note:Assistance

  •  (1) If an elector is unable to read or because of a disability is unable to vote in the manner described in this Division, an election officer who is assigned to the polling station shall assist the elector by

    • (a) completing the declaration on the outer envelope and writing the elector’s name where his or her signature is to be written; and

    • (b) marking the special ballot as directed by the elector in his or her presence and in the presence of another election officer who is assigned to the polling station.

  • Marginal note:Note on outer envelope

    (2) The election officers shall sign a note on the outer envelope indicating that the elector was assisted.

  • 2000, c. 9, s. 259
  • 2018, c. 31, s. 179

Marginal note:Delivery of documents after the vote

 Without delay after the votes have been cast at a correctional institution, an election officer who is assigned to the polling station shall deliver to the liaison officer for the institution

  • (a) the outer envelopes that contain the marked special ballots;

  • (b) any unused or spoiled outer envelopes;

  • (c) any unused or spoiled special ballots and unused inner envelopes; and

  • (d) the applications for registration and special ballot.

  • 2000, c. 9, s. 260
  • 2018, c. 31, s. 180

Marginal note:Deadline for return of election material

 Every liaison officer shall ensure that the election material referred to in section 260 is received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on polling day.

  • 2000, c. 9, s. 261
  • 2018, c. 31, s. 181

Marginal note:Integration into final list of electors

 The applications for registration and special ballot shall be integrated into the final list of electors referred to in section 109.

DIVISION 6Counting of Votes at the Office of the Chief Electoral Officer

Marginal note:Application

 This Division applies to the counting of all special ballots cast in accordance with this Part, except those referred to in Division 7.

Marginal note:Administration

  •  (1) The counting of the special ballots shall be conducted by special ballot officers under the supervision of the special voting rules administrator.

  • Marginal note:Special ballot officers

    (2) Special ballot officers shall work in pairs of persons representing different registered parties.

Marginal note:Directives

 The Chief Electoral Officer shall prescribe security instructions for the safekeeping of special ballots, inner envelopes, outer envelopes and all other election documents, and instructions for the receiving, sorting and counting of special ballots.

Marginal note:Counting of votes

 The counting of votes shall commence on a date to be fixed by the Chief Electoral Officer or, if no date is fixed, on Wednesday, the 5th day before polling day.

Marginal note:Setting aside of inner envelope

  •  (1) The special ballot officers shall set aside an inner envelope unopened if

    • (a) the information concerning the elector, as set out in the declaration referred to in paragraph 227(2)(c) or subsection 257(1), does not correspond with the information on the application for registration and special ballot;

    • (b) a declaration referred to in paragraph (a) or in section 212 — other than one in respect of an elector who has voted with assistance under section 216, 243 or 259 — does not bear the elector’s signature;

    • (c) the correct electoral district of the elector whose ballot is contained in the inner envelope cannot be ascertained;

    • (d) the outer envelope has been received by the special voting rules administrator in the National Capital Region after 6:00 p.m. on polling day; or

    • (e) the outer envelope relates to an electoral district for which the election was postponed in accordance with section 77.

  • Marginal note:Procedure when elector votes more than once

    (2) If, after receiving an elector’s outer envelope but before counting the inner envelopes, the special ballot officers ascertain that the elector has voted more than once, they shall set the elector’s inner envelope aside unopened.

  • Marginal note:Disposition of inner envelopes that are set aside

    (3) When an inner envelope is set aside unopened as described in subsection (1) or (2),

    • (a) it shall be endorsed by the special voting rules administrator with the reason why it has been set aside;

    • (b) at least two special ballot officers shall initial the endorsement; and

    • (c) in the case of an inner envelope set aside under subsection (1), the ballot contained in it is deemed to be a spoiled ballot.

  • Marginal note:Envelopes and declarations kept together

    (3.1) When an inner envelope is set aside unopened as described in this section, it shall be kept with the outer envelope and — if it did not appear on the outer envelope — the declaration.

  • Marginal note:Dispute

    (3.2) If a dispute arises regarding the setting aside of inner envelopes, it shall be referred to the special voting rules administrator, whose decision is final.

  • Marginal note:Special report

    (4) The special voting rules administrator shall prepare a report in respect of the number of inner envelopes that are set aside under this Division.

  • 2000, c. 9, s. 267
  • 2018, c. 31, s. 182

Marginal note:Duties of special ballot officers

 Each pair of special ballot officers shall count the votes for only one electoral district or part of an electoral district at a time.

Marginal note:Rejection of ballots

  •  (1) Each pair of special ballot officers shall, on examining a special ballot, reject it if

    • (a) it has not been supplied by the Chief Electoral Officer;

    • (b) it is not marked;

    • (c) it is marked with a name other than the name of a candidate;

    • (d) it is marked with the names of more than one candidate; or

    • (e) there is any writing or mark on it by which the elector could be identified.

  • Marginal note:Elector’s intent

    (2) No special ballot shall be rejected for the sole reason that the elector has incorrectly written the name of a candidate, if the ballot clearly indicates the elector’s intent.

  • Marginal note:Disputed ballots

    (3) If a dispute arises as to the validity of a special ballot, it shall be referred to the special voting rules administrator, whose decision is final.

  • Marginal note:Note of dispute

    (4) The number of disputed special ballots and the name of the electoral district in which they were cast are to be noted by the special ballot officers.

Marginal note:Statements of the vote

  •  (1) Each pair of special ballot officers shall prepare a statement of the vote in the prescribed form and deliver it to the special voting rules administrator.

  • Marginal note:Safekeeping

    (2) The special voting rules administrator shall keep the statements of the vote in safe custody until the day after the communication of the results under section 280.

  • Marginal note:Copy to special ballot officer

    (3) On request, after the day that the results are communicated, a special ballot officer may be given a copy of the statement of the vote that he or she prepared.

Marginal note:Chief Electoral Officer to be informed of results of vote

 Without delay after the counting of the votes for every electoral district has been completed, the special voting rules administrator shall inform the Chief Electoral Officer of

  • (a) the number of votes counted for each candidate for every electoral district;

  • (b) the total number of votes counted for each electoral district; and

  • (c) the number of rejected ballots for each electoral district.

Marginal note:Sending of material to Chief Electoral Officer

 As soon as practicable after the counting of the votes for every electoral district has been completed, the special voting rules administrator shall send to the Chief Electoral Officer, in separate envelopes,

  • (a) the lists of electors;

  • (b) all other documents and election materials received from commanding officers and election officers;

  • (c) the solemn declarations made under subsection 23(1); and

  • (d) the complete files of correspondence, reports and records in his or her possession.

  • 2000, c. 9, s. 272
  • 2018, c. 31, s. 183

DIVISION 7Counting of Votes in the Office of the Returning Officer

Marginal note:Notification to candidates

 The returning officer shall, as soon as possible, notify the candidates of the names of the election officers who he or she assigns to verify the declarations referred to in paragraph 227(2)(c) and to count the special ballots issued to electors in his or her electoral district and received at his or her office.

  • 2000, c. 9, s. 273
  • 2018, c. 31, s. 184

Marginal note:Candidate present at counting

 A candidate or his or her representative may be present for the verification of the declarations referred to in paragraph 227(2)(c) and the counting of ballots received at the returning officer’s office.

  • 2000, c. 9, s. 274
  • 2018, c. 31, s. 184

Marginal note:Ballots to be kept sealed

  •  (1) The returning officer shall ensure that the ballots received at his or her office are kept sealed until they are given to an election officer referred to in section 273.

  • Marginal note:Return outer envelopes

    (2) All outer envelopes received after the prescribed deadline shall be kept separate and sealed and shall be initialled by the returning officer and marked with the date and time of their receipt.

  • 2000, c. 9, s. 275
  • 2018, c. 31, s. 185

Marginal note:Verification of declarations

  •  (1) The election officers referred to in section 273 shall verify the declarations made under paragraph 227(2)(c), at the time fixed by the Chief Electoral Officer and in accordance with his or her instructions, by determining from the information in the declaration whether the elector is entitled to vote in the electoral district.

  • Marginal note:Notice

    (2) The returning officer shall notify the candidates of the time and place of the verification.

  • Marginal note:Provision of materials to election officer

    (3) One of the election officers shall be provided with the applications for registration and special ballot received before the deadline, along with any other materials that may be required.

  • 2000, c. 9, s. 276
  • 2018, c. 31, s. 186

Marginal note:Setting aside of inner envelope

  •  (1) An election officer referred to in section 273 shall set aside an elector’s inner envelope unopened if

    • (a) the information concerning the elector, as set out in the elector’s declaration made under paragraph 227(2)(c), does not correspond with the information on the application for registration and special ballot;

    • (b) the declaration — other than one in respect of an elector who has voted with assistance under section 243 or 243.1 — does not bear the elector’s signature;

    • (c) the elector has voted more than once; or

    • (d) the outer envelope was received after the prescribed deadline.

  • Marginal note:Registering objections

    (2) When the declarations are verified, an election officer referred to in section 273 shall register any objection to an elector’s right to vote in the electoral district in the prescribed form.

  • Marginal note:Noting of reasons for setting aside

    (3) When an elector’s inner envelope is set aside unopened as described in subsection (1), the election officer who set it aside shall note on it the reasons for the setting aside. The election officer and another election officer referred to in section 273 shall both initial the envelope.

  • Marginal note:Envelopes and declarations kept together

    (4) When an elector’s inner envelope is set aside unopened as described in this section, it shall be kept with the outer envelope and — if it did not appear on the outer envelope — the declaration.

  • 2000, c. 9, s. 277
  • 2018, c. 31, s. 187

Marginal note:Counting of inner envelopes

  •  (1) The election officers referred to in section 273 shall count all inner envelopes that have not been set aside.

  • Marginal note:Inner envelopes

    (2) They shall put all the inner envelopes that have not been set aside in a ballot box provided by the returning officer.

  • Marginal note:Counting the votes

    (3) After the close of the polling stations, one of the election officers shall open the ballot box and, together with another of the election officers, shall open the inner envelopes and count the votes.

  • 2000, c. 9, s. 278
  • 2018, c. 31, s. 188

Marginal note:Rejection of ballots

  •  (1) An election officer shall, in counting the ballots, reject a ballot if

    • (a) it has not been supplied for the election;

    • (b) it is not marked;

    • (c) it is marked with a name other than the name of a candidate;

    • (d) it is marked for more than one candidate; or

    • (e) there is any writing or mark on it by which the elector could be identified.

  • Marginal note:Elector’s intent

    (2) An election officer shall not reject a special ballot for the sole reason that the elector has incorrectly written the name of a candidate, if the ballot clearly indicates the elector’s intent.

  • Marginal note:Political affiliation

    (3) An election officer shall not reject a special ballot for the sole reason that the elector has written, in addition to the name of a candidate, the candidate’s political affiliation, if the ballot clearly indicates the elector’s intent.

  • 2000, c. 9, s. 279
  • 2001, c. 21, s. 15
  • 2018, c. 31, s. 189

DIVISION 8Communication of the Results of the Vote

Marginal note:Communication of results

  •  (1) The Chief Electoral Officer shall, without delay after the closing of the polling stations at an election, inform each returning officer of the results of the count under Division 6 for the returning officer’s electoral district, giving the number of votes cast for each candidate and the number of rejected ballots.

  • Marginal note:Release of information

    (2) When the returning officer receives information from the Chief Electoral Officer respecting the results of the count under Division 6, the returning officer shall add those results to the results of the count under Division 7 and release all of them as being the results of the vote under the Special Voting Rules.

PART 11.1Prohibitions in Relation to Voting

Marginal note:Application

 The provisions of this Part apply inside and outside Canada.

  • 2000, c. 9, s. 281
  • 2018, c. 31, s. 190

Marginal note:Chief Electoral Officer

 The Chief Electoral Officer shall not vote at an election.

  • 2018, c. 31, s. 190

Marginal note:Inducing Chief Electoral Officer to vote

 No person shall induce or attempt to induce the Chief Electoral Officer to vote at an election knowing that it is the Chief Electoral Officer whom he or she is inducing or attempting to induce to vote and that the Chief Electoral Officer is prohibited from voting.

  • 2018, c. 31, s. 190

Marginal note:Not qualified as elector

 No person shall

  • (a) vote or attempt to vote at an election knowing that he or she

    • (i) is not a Canadian citizen when he or she votes, or

    • (ii) is not 18 years of age or older — or will not be 18 years of age or older — on polling day; or

  • (b) induce or attempt to induce another person to vote at an election knowing that the other person

    • (i) is not a Canadian citizen — or will not be a Canadian citizen — when he or she votes, or

    • (ii) is not 18 years of age or older — or will not be 18 years of age or older — on polling day.

  • 2018, c. 31, s. 190

Marginal note:Not ordinarily resident in electoral district

 No person shall

  • (a) vote or attempt to vote at an election in a particular electoral district knowing that his or her place of ordinary residence is not in that electoral district; or

  • (b) induce or attempt to induce another person to vote at an election in a particular electoral district knowing that the other person’s place of ordinary residence is not in that electoral district.

  • 2018, c. 31, s. 190

Marginal note:Voting more than once — general election

  •  (1) No person who has voted in a general election shall vote again, or attempt to vote again, in that general election.

  • Marginal note:Voting more than once — by-election

    (2) No person who has voted in a by-election shall vote again, or attempt to vote again, at that by-election or at any other by-election that is held on the same day.

  • 2018, c. 31, s. 190

Marginal note:Secrecy of the vote

  •  (1) Every person present at a polling station or at the counting of the votes shall maintain the secrecy of the vote.

  • Marginal note:Attempting to obtain information about elector’s vote

    (2) Except as provided by this Act, no person shall, in a polling station, attempt to obtain any information as to the candidate for whom any elector is about to vote or has voted.

  • Marginal note:Secrecy at the poll

    (3) Except as provided by this Act, no person shall

    • (a) on entering the polling station and before receiving a ballot or special ballot, openly declare for whom he or she intends to vote;

    • (b) while in the polling station, show his or her ballot or special ballot, when marked, so as to allow the name of the candidate for whom he or she has voted to be seen; or

    • (c) before leaving the polling station, openly declare for whom he or she has voted.

  • Marginal note:Secrecy — marked ballot

    (4) No person who has seen a ballot or special ballot that has been marked by an elector shall disclose information as to how it was marked unless he or she is the elector who marked it or he or she has been authorized to make the disclosure by the elector who marked it.

  • Marginal note:Secrecy — counting of the votes

    (5) No person shall, at the counting of the votes, attempt to obtain information or communicate information obtained at the counting as to the candidate for whom a vote is given in a particular ballot or special ballot.

  • 2018, c. 31, s. 190

Marginal note:Ballots

  •  (1) No person shall

    • (a) request or apply for a ballot or special ballot in a name that is not his or her own;

    • (b) vote using a forged ballot or forged special ballot;

    • (c) request or apply for a ballot or special ballot to which he or she is not entitled;

    • (d) provide a ballot or special ballot to any person when not authorized under this Act to do so;

    • (e) have a ballot or special ballot in his or her possession when not authorized under this Act to do so;

    • (f) alter, deface or destroy a ballot, the initials of the election officer that are signed on a ballot or the number of the polling division or advance polling district that is marked on a ballot;

    • (g) put or cause to be put into a ballot box a ballot, special ballot or other paper otherwise than as provided by this Act or by instructions of the Chief Electoral Officer;

    • (h) take a ballot out of the polling station or the office of the returning officer otherwise than as provided by this Act or by instructions of the Chief Electoral Officer; or

    • (i) destroy, take, open or otherwise interfere with a ballot box or book or packet of ballots or special ballots otherwise than as provided by this Act or by instructions of the Chief Electoral Officer.

  • Marginal note:Ballots — election officer

    (2) No election officer shall

    • (a) with the intent of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast, put his or her initials on the back of any paper purporting to be or capable of being used as a ballot at an election; or

    • (b) place on a ballot or special ballot any writing, number or mark with intent that the elector to whom the ballot or special ballot is to be given, or has been given, can be identified.

  • Marginal note:Special ballots — unit election officer

    (3) No unit election officer shall place on a special ballot any writing, number or mark with intent that the elector to whom the special ballot is to be given, or has been given, can be identified.

  • 2018, c. 31, s. 190

Marginal note:Photograph, video or copy of marked ballot

  •  (1) No person shall

    • (a) take a photograph or make a video recording of a ballot or special ballot that has been marked, at an election, by an elector;

    • (b) make a copy, in any manner, of any ballot or special ballot that has been marked, at an election, by an elector; or

    • (c) distribute or show, in any manner, to one or more persons, a photograph, video recording or copy of a ballot or special ballot that has been marked, at an election, by an elector.

  • Marginal note:Exception — persons with visual impairment

    (2) Subsection (1) does not apply to any person with a visual impairment who takes a photograph or makes a video recording or copy of a ballot or special ballot that he or she has marked for the purpose of verifying the accuracy of their marking.

  • Marginal note:Exception — legal proceedings

    (3) Subsection (1) does not apply to a person who does anything referred to in that subsection for the purpose of a recount under Part 14 or for the purpose of any other legal proceeding.

  • 2018, c. 31, s. 190

Marginal note:False statement

 No person shall

  • (a) make a false statement in an application for registration and special ballot; or

  • (b) make a false statement in a declaration signed by him or her before an election officer or unit election officer.

  • 2018, c. 31, s. 190

Marginal note:Person who assists elector — limit

  •  (1) At an election, no person shall, as a friend, assist under section 155 or 243.01, more than one elector for the purpose of marking a ballot.

  • Marginal note:Person who assists elector — secrecy

    (2) No person who assists an elector under section 155 or 243.01 shall, directly or indirectly, disclose the name of the candidate for whom the elector voted or that candidate’s political affiliation.

  • 2000, c. 9, s. 282
  • 2018, c. 31, s. 190

Marginal note:Vouching for more than one person

  •  (1) No person shall vouch for more than one person at an election, except in the cases referred to in subsections 143(3.01), 161(2) and 169(2.01).

  • Marginal note:Voucher not qualified as elector, etc.

    (2) No person shall vouch for another person if

    • (a) the person who vouches is not qualified as an elector;

    • (b) the person who vouches does not personally know the other person; or

    • (c) the person who vouches does not reside in a polling division assigned to the same polling station as the polling division in which the other person resides or, in the cases referred to in subsections 143(3.01), 161(2) and 169(2.01), in a polling division in the other person’s electoral district or an adjacent electoral district.

  • Marginal note:Vouchee acting as voucher

    (3) No person who has been vouched for at an election shall vouch for another person at that election.

  • 2018, c. 31, s. 190

Marginal note:Influencing electors

 No person shall, in a polling station or in any place where voting at an election is taking place, influence or attempt to influence electors to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the election.

  • 2018, c. 31, s. 190

Marginal note:Influencing electors — election officers and staff of returning officers

 Subject to section 141, no election officer, unit election officer or member of the staff of a returning officer shall, while exercising their powers or performing their duties, influence or attempt to influence an elector to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election.

  • 2018, c. 31, s. 190

Marginal note:Undue influence by foreigners

  •  (1) No person or entity referred to in any of paragraphs (a) to (e) shall, during an election period, unduly influence an elector to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the election:

    • (a) an individual who is not a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act and who does not reside in Canada;

    • (b) a corporation or entity incorporated, formed or otherwise organized outside Canada that does not carry on business in Canada or whose primary purpose in Canada during an election period is to influence electors during that period to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the election;

    • (c) a trade union that does not hold bargaining rights for employees in Canada;

    • (d) a foreign political party; or

    • (e) a foreign government or an agent or mandatary of a foreign government.

  • Marginal note:Meaning of unduly influencing

    (2) For the purposes of subsection (1), a person or entity unduly influences an elector to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election if

    • (a) they knowingly incur any expense to directly promote or oppose a candidate in that election, a registered party that has endorsed a candidate in that election or the leader of such a registered party;

    • (b) one of the things done by them to influence the elector is an offence under an Act of Parliament or a regulation made under any such Act, or under an Act of the legislature of a province or a regulation made under any such Act.

  • Marginal note:Exceptions

    (3) For greater certainty, subsection (1) does not apply if the only thing done by the person or entity to influence the elector to vote or refrain from voting, or to vote or refrain from voting for the particular candidate or registered party, consists of

    • (a) an expression of their opinion about the outcome or desired outcome of the election;

    • (b) a statement by them that encourages the elector to vote or refrain from voting for any candidate or registered party in the election; or

    • (c) the transmission to the public through broadcasting, or through electronic or print media, of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news, regardless of the expense incurred in doing so, if no contravention of subsection 330(1) or (2) is involved in the transmission.

  • Marginal note:Collusion

    (4) No person or entity shall act in collusion with a person or entity to whom subsection (1) applies for the purpose of contravening that subsection.

  • Marginal note:Selling advertising space

    (5) No person or entity shall sell any advertising space to a person or entity to whom subsection (1) applies for the purpose of enabling that person or entity to transmit an election advertising message or to cause an election advertising message to be transmitted.

  • 2018, c. 31, s. 190

Marginal note:Interfering with marking of ballot

 No person shall interfere with, or attempt to interfere with, an elector who is marking a ballot or special ballot.

  • 2018, c. 31, s. 190

Marginal note:Preventing elector from voting

 No person shall prevent or attempt to prevent an elector from voting at an election.

  • 2018, c. 31, s. 190

Marginal note:Offering bribe

  •  (1) No person shall, during an election period, directly or indirectly, offer a bribe to influence an elector to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the election.

  • Marginal note:Accepting bribe

    (2) No person shall, during an election period, accept or agree to accept a bribe that is offered to them to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the election.

  • 2018, c. 31, s. 190

Marginal note:Intimidation, etc.

 No person shall

  • (a) by intimidation or duress, compel or attempt to compel a person to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election; or

  • (b) by any pretence or contrivance, including by representing that the ballot or special ballot or the manner of voting at an election is not secret, influence or attempt to influence a person to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election.

  • 2018, c. 31, s. 190

PART 12Counting Votes

Polling Stations

Marginal note:Counting the votes

  •  (1) Immediately after the close of a polling station, an election officer who is assigned to the polling station shall count the votes in the presence of

    • (a) another election officer who is assigned to the polling station; and

    • (b) any candidates or their representatives who are present or, if no candidates or representatives are present, at least two electors.

  • Marginal note:Tally sheets

    (2) One of those election officers shall supply all the persons referred to in paragraph (1)(b) who are present and who request one with a tally sheet to keep their own score of the voting.

  • Marginal note:Steps to follow

    (3) The election officer who counts the votes shall, in the following order,

    • (a) count the number of electors who voted, count the number of those to whom a certificate was given under subsection 161(4), make an entry at the end of the list of electors that states “The number of electors who voted at this election is (stating the number). Of these, the number of electors to whom a certificate was given under subsection 161(4) is (stating the number).”, sign the list and place the list in the envelope supplied for that purpose;

    • (b) count the spoiled ballots, place them in the envelope supplied for the purpose, indicate on the envelope the number of spoiled ballots, and seal it;

    • (c) count the unused ballots that are not detached from the books of ballots, place them with the stubs of the used ballots in the envelope supplied for the purpose, indicate on the envelope the number of unused ballots, and seal it;

    • (d) total the number of electors indicated under paragraph (a) who voted and the numbers arrived at in paragraphs (b) and (c) in order to ascertain that all ballots that were provided by the returning officer are accounted for;

    • (e) open the ballot box and empty its contents onto a table; and

    • (f) examine each ballot, show the ballot to each person who is present, and ask the election officer referred to in paragraph (1)(a) to make a note on the tally sheet beside the name of the candidate for whom the vote was cast for the purpose of arriving at the total number of votes cast for each candidate.

  • 2000, c. 9, s. 283
  • 2014, c. 12, s. 61
  • 2018, c. 31, s. 191

Marginal note:Rejection of ballots

  •  (1) In examining the ballots, the election officer who counts the votes shall reject one

    • (a) that has not been supplied by him or her;

    • (b) that has not been marked in a circle at the right of the candidates’ names;

    • (c) that is void by virtue of section 76;

    • (d) that has been marked in more than one circle at the right of the candidates’ names; or

    • (e) on which there is any writing or mark by which the elector could be identified.

  • Marginal note:Limitation

    (2) No ballot shall be rejected by reason only that an election officer placed on it any writing, number or mark, or failed to remove the counterfoil or to write the elector’s polling division number on the back of the ballot.

  • Marginal note:Counterfoils remaining attached

    (3) If a ballot is found with the counterfoil attached, the election officer who counts the votes shall, while concealing the number on it from all persons present and without examining it, remove and destroy the counterfoil.

  • 2000, c. 9, s. 284
  • 2018, c. 31, s. 192

Marginal note:Ballots not initialled by election officer

 If the election officer who counts the votes determines that a ballot has not been initialed by an election officer, he or she shall, in the presence of the election officer referred to in paragraph 283(1)(a) and witnesses, initial and count the ballot if satisfied that all ballots that were provided by the returning officer have been accounted for, as described in paragraph 283(3)(d).

  • 2000, c. 9, s. 285
  • 2018, c. 31, s. 193

Marginal note:Objections to ballots

  •  (1) One of the election officers referred to in subsection 283(1) shall make a record, in the prescribed form, of every objection to a ballot made by a candidate or candidate’s representative, give a number to the objection, write that number on the ballot and initial it.

  • Marginal note:Decision of election officer

    (2) Every question that is raised by the objection shall be decided by the election officer who counts the votes, and the decision is subject to reversal only on a recount or on application under subsection 524(1).

  • 2000, c. 9, s. 286
  • 2018, c. 31, s. 193

Marginal note:Statement of vote

  •  (1) The election officer who counts the votes shall prepare a statement of the vote, in the prescribed form, that sets out the number of votes in favour of each candidate and the number of rejected ballots and shall place the original statement and a copy of it in the separate envelopes supplied for the purpose.

  • Marginal note:Copies of statement of vote

    (2) The election officer shall give a copy of the statement of the vote to each of the candidates’ representatives present at the count.

  • 2000, c. 9, s. 287
  • 2018, c. 31, s. 194

Marginal note:Marked ballots

  •  (1) One of the election officers referred to in subsection 283(1) shall place the ballots for each candidate into separate envelopes, write on each envelope the name of the candidate and the number of votes he or she received, and seal it. The election officers shall sign the seal on each envelope, and the witnesses may also sign them.

  • Marginal note:Rejected ballots

    (2) One of the election officers shall place into separate envelopes the rejected ballots, the registration certificates and the list of electors, and shall seal the envelopes.

  • Marginal note:Documents enclosed in large envelope

    (3) One of the election officers shall seal in a large envelope supplied for the purpose

    • (a) the envelopes that contain the marked ballots for the candidates, any spoiled ballots, unused ballots or rejected ballots, and the official list of electors; and

    • (b) any other election documents, except for the envelopes that contain the statements of the vote and the registration certificates.

  • Marginal note:Documents to be placed in the ballot box

    (4) The large envelope described in subsection (3) and the envelope that contains the copy of the statement of the vote shall be placed in the ballot box.

  • Marginal note:Sealing ballot box

    (5) The ballot box shall be sealed with the seals provided by the Chief Electoral Officer.

  • 2000, c. 9, s. 288
  • 2018, c. 31, s. 195

Marginal note:Solemn declarations

 One of the election officers referred to in subsection 283(1) shall place the form for each solemn declaration made under subsection 143(3) or paragraph 161(1)(b) or 169(2)(b) in an envelope supplied for the purpose.

  • 2014, c. 12, s. 62
  • 2018, c. 31, s. 196

Marginal note:Periodic statements of electors who voted

 One of the election officers referred to in subsection 283(1) shall place a copy of each document prepared for the purpose of paragraph 162(i.1) in an envelope supplied for the purpose.

  • 2014, c. 12, s. 62
  • 2018, c. 31, s. 196

Advance Polls

Marginal note:Counting of votes on polling day

  •  (1) At least two election officers who are assigned to an advance polling station and who are specified in accordance with the Chief Electoral Officer’s instructions shall, at the close of the polling stations on polling day, attend at the place mentioned in the notice of advance poll in subparagraph 172(a)(iii) to count the votes.

  • Marginal note:Application of rules for counting votes

    (2) Subsections 283(1) and (2), paragraphs 283(3)(e) and (f) and sections 284 to 288 apply with any necessary modifications to the counting of the votes of an advance poll except that

    • (a) for the application of paragraph 283(3)(e), the two or more election officers who are specified in accordance with the Chief Electoral Officer’s instructions shall open the ballot boxes and empty their contents onto a table; and

    • (b) for the application of subsection 288(4), the large envelope and the envelope that contains the copy of the statement of the vote shall be placed in the ballot box used on the last day of advance polling.

  • Marginal note:Prohibition

    (3) Subject to subsection (4), no person shall make a count of the votes cast at an advance poll before the close of voting hours on polling day.

  • Marginal note:Exception

    (4) The two or more election officers who are specified in accordance with the Chief Electoral Officer’s instructions may begin counting the votes cast at an advance poll one hour before the close of voting hours on polling day if

    • (a) the returning officer who is responsible for the advance polling station has obtained the Chief Electoral Officer’s prior approval for the counting to begin;

    • (b) the counting is done in accordance with the Chief Electoral Officer’s instructions;

    • (c) the counting is done in a manner that ensures the integrity of the vote; and

    • (d) the counting is done in the presence of any candidates or their representatives who are present or, if no candidates or representatives are present, at least two electors.

  • 2000, c. 9, s. 289
  • 2014, c. 12, s. 63
  • 2018, c. 31, s. 197

Delivery of Ballot Boxes to Returning Officer

Marginal note:Sending ballot boxes and envelopes to returning officer

 An election officer who is assigned to a polling station or an advance polling station shall, without delay after sealing the ballot box, send to the returning officer the box, with the envelope that contains the original statement of the vote, the envelope that contains the registration certificates, the envelope referred to in section 288.01 and, in the case of an election officer who is assigned to a polling station, the envelope referred to in section 288.1.

  • 2000, c. 9, s. 290
  • 2014, c. 12, s. 64
  • 2018, c. 31, s. 198

Marginal note:Provision of documents

 A returning officer shall — on the request of the candidate, his or her representative or a representative of the candidate’s party — provide him or her, after polling day, with

  • (a) one copy of each statement of the vote in respect of the candidate’s electoral district; and

  • (b) one copy of the documents prepared under paragraph 162(i.1).

  • 2000, c. 9, s. 291
  • 2014, c. 12, s. 65

Marginal note:Safekeeping of ballot boxes

 A returning officer, on the receipt of each ballot box, shall

  • (a) take every precaution to prevent any other person, except the assistant returning officer, from having access to it; and

  • (b) examine and record the condition of the seals affixed to it and, if necessary, affix new seals.

Marginal note:List of persons who made solemn declaration

 A returning officer, on the receipt of each envelope referred to in section 288.01, shall create a list of the names of all persons who made a solemn declaration under subsection 143(3) or paragraph 161(1)(b) or 169(2)(b) and shall include in the list the address of each of those persons.

  • 2014, c. 12, s. 66
  • 2018, c. 31, s. 199

PART 13Validation of Results by the Returning Officer

Marginal note:Validation of results

  •  (1) After a returning officer receives all of the ballot boxes, he or she shall, at his or her office, in the presence of the assistant returning officer at the time indicated in paragraph 62(c), validate the results of the vote from the original statements of the vote and the information communicated under section 280.

  • Marginal note:Adjournment if ballot boxes or information not received

    (2) If, on the day fixed for the validation of the results as described in paragraph 62(c), a returning officer has not received all the ballot boxes or the information required by section 280, the returning officer shall adjourn the proceedings for not more than seven days.

  • Marginal note:Further adjournment

    (3) If, on the day fixed for the proceedings by virtue of an adjournment under subsection (2), the returning officer has not, for any reason, received the ballot boxes or information referred to in that subsection, the returning officer may make further adjournments. The further adjournments may not exceed a total of two weeks.

Marginal note:Witnesses at validation

 Candidates and their representatives may attend the validation of the results, but if none of them is present, the returning officer shall ensure the presence of at least two electors until the validation is completed.

Marginal note:Opening ballot box in certain cases

  •  (1) If the original statement of the vote is missing, appears to contain an error, to be incomplete or to have been altered, or is disputed by a candidate or his or her representative, the returning officer may open the ballot box and the envelope that contains the copy of the statement of the vote or, if that copy is missing, the large envelope.

  • Marginal note:Information on envelopes containing ballots

    (2) If a copy of the statement of the vote is not found or is not useful for the purpose of validating the results, the returning officer may use the information that is written on the envelopes that contain the ballots for that purpose.

  • Marginal note:Limitation

    (3) The returning officer shall not open an envelope that appears to contain ballots.

  • Marginal note:Resealing of loose papers

    (4) If the returning officer opens the large envelope, he or she shall place its contents into another envelope, seal that envelope and initial the seal.

Marginal note:Loss or destruction of ballot boxes

  •  (1) If a ballot box has been destroyed or is missing, the returning officer shall ascertain the cause of the destruction or loss and shall complete the validation of the results from the original copy of the statement of the vote in the same manner as if he or she had received the ballot box.

  • Marginal note:Power to summon and examine

    (2) If the returning officer is unable to obtain either the original statement of the vote or the ballot box, he or she

    • (a) shall ascertain, by any evidence that he or she is able to obtain, the total number of votes cast for each candidate at the polling stations;

    • (b) for ascertaining the total number of votes under paragraph (a), may summon any election officer or other person to appear before him or her at a fixed date and time and to bring with them all necessary documents; and

    • (c) may question the election officer or other person respecting the matter in question and, if necessary, ask them to make a solemn declaration in respect of the matter.

  • Marginal note:Notice to candidates

    (3) If paragraph (2)(b) applies, the returning officer shall give notice to the candidates for that electoral district of the date and time fixed for the appearance.

  • Marginal note:Obligation to comply with summons

    (4) Every person to whom a summons is directed under paragraph (2)(b) shall obey it.

  • 2000, c. 9, s. 296
  • 2018, c. 31, s. 200

Marginal note:Certificate of votes cast

 Without delay after the validation of the results, the returning officer shall prepare a certificate in the prescribed form that sets out the number of votes cast for each candidate, and shall deliver the original of the certificate to the Chief Electoral Officer and a copy of it to each candidate or his or her representative. In the case described in section 296, the certificate shall indicate the number of votes that have been ascertained to have been cast for each candidate.

Marginal note:Ballot boxes

 After the close of an election, each returning officer shall dispose of the ballot boxes as instructed by the Chief Electoral Officer.

PART 14Judicial Recount

Interpretation

Definition of judge

  •  (1) In this Part, judge means a judge who sits in the electoral district where the results are validated.

  • Marginal note:Powers of judge

    (2) A judge who is authorized by sections 300 to 309 to act may act, to the extent authorized, within or outside his or her judicial district.

Recount Procedure

Marginal note:Request by returning officer for recount

  •  (1) If the difference between the number of votes cast for the candidate with the most votes and the number cast for any other candidate is less than 1/1000 of the votes cast, the returning officer shall make a request to a judge for a recount within four days after the results are validated.

  • Marginal note:Notice to candidates

    (2) The returning officer shall notify each candidate or his or her official agent in writing of the request for a recount.

  • Marginal note:Recount automatic

    (3) The judge shall fix the date for the recount to be conducted within four days after he or she receives the request.

  • Marginal note:Documents to be supplied

    (4) The returning officer shall attend the recount and shall bring all relevant election materials including

    • (a) the ballot boxes;

    • (b) the statements of the vote used to validate the results; and

    • (c) all ballots cast and statements of the vote made in accordance with Part 11.

Marginal note:Application for recount

  •  (1) An elector may, within four days after the day on which a returning officer issues a certificate under section 297 and after notifying the returning officer in writing, apply to a judge for a recount.

  • Marginal note:Notice to candidates

    (1.1) The returning officer shall notify each candidate or his or her official agent in writing of the application for a recount.

  • Marginal note:Grounds for recount

    (2) The judge shall fix a date for a recount if it appears, on the affidavit of a credible witness, that

    • (a) an election officer has incorrectly counted or rejected any ballots, or has written an incorrect number on the statement of the vote for the votes cast for a candidate; or

    • (b) the returning officer has incorrectly added up the results set out in the statements of the vote.

  • Marginal note:Deposit

    (3) The applicant shall deposit with the clerk or prothonotary of the court the sum of $250 as security for the costs of the candidate who obtained the largest number of votes.

  • Marginal note:Date for recount and summons

    (4) The date fixed for the recount shall be within four days after the judge receives the application. The judge shall summon the returning officer to attend and to bring the relevant ballot boxes and statements of the vote together with the ballots that were counted, and the statements that were completed, under Part 11.

  • Marginal note:Notice to candidates

    (5) The judge shall notify each candidate or his or her official agent in writing of the time and place fixed for the recount. The judge may decide that service of the notice will be substitutional, by mail or posting or in any other manner.

  • Marginal note:Returning officer required to attend

    (6) A returning officer to whom a summons is directed under subsection (4) shall obey it and shall be present throughout the recount.

  • 2000, c. 9, s. 301
  • 2014, c. 12, s. 67
  • 2018, c. 31, s. 201

Marginal note:More than one application

 If a judge receives more than one application for a recount for more than one electoral district, the recounts shall be conducted in the order in which the judge receives the applications.

 [Repealed, 2014, c. 12, s. 68]

Marginal note:Recount procedure

  •  (1) The judge shall conduct the recount by adding the number of votes reported in the statements of the vote or by counting the valid ballots or all of the ballots returned by election officers or the Chief Electoral Officer.

  • Marginal note:Documents that may be examined

    (2) If a recount of all of the ballots returned is required, the judge may open the sealed envelopes that contain the used and counted, unused, rejected and spoiled ballots. The judge shall not open any envelopes that appear to contain other documents or refer to any other election documents.

  • Marginal note:Procedure for certain recounts

    (3) In the case of a recount conducted by counting the valid ballots or all of the ballots returned by election officers or the Chief Electoral Officer, the procedure set out in Schedule 4 applies.

  • Marginal note:Powers of judge

    (4) For the purpose of arriving at the facts with respect to a missing ballot box or statement of the vote, the judge has all the powers of a returning officer with regard to the attendance and examination of witnesses who, in case of non-attendance, are subject to the same consequences as in the case of refusal or neglect to attend on the summons of a returning officer.

  • Marginal note:Additional powers of judge

    (5) For the purpose of conducting a recount, a judge has the power to summon any election officer as a witness and to require him or her to give evidence on oath and, for that purpose, has the same power that is vested in any court of record.

  • Marginal note:Clerical assistants

    (6) Subject to the approval of the Chief Electoral Officer, a judge may retain the services of support staff to assist in the performance of his or her duties under this Part.

  • 2000, c. 9, s. 304
  • 2014, c. 12, s. 69
  • 2018, c. 31, s. 202

Marginal note:Proceedings to be continuous

 The judge shall, as far as practicable, proceed continuously with a recount, except for necessary breaks and, unless the judge orders otherwise, between 6:00 p.m. and 9:00 a.m.

Marginal note:Security of documents

  •  (1) During a break described in section 305, the judge or any other person who has possession of ballots and other election documents shall keep them sealed in parcels, and the seal shall be signed by the judge and may be signed by any other person in attendance.

  • Marginal note:Supervision of sealing

    (2) The judge shall personally supervise the parcelling and sealing of ballots and documents at a recount and take all necessary precautions for their security.

Marginal note:Judge may terminate recount

 Except in a case referred to in section 300, a judge may at any time terminate a recount on request in writing by the person who applied for the recount.

Marginal note:Procedure at conclusion of recount

 At the conclusion of a recount, the judge shall

  • (a) seal the ballots in a separate envelope for each polling station and without delay prepare a certificate in the prescribed form that sets out the number of votes cast for each candidate;

  • (b) deliver the original of the certificate to the returning officer and a copy of it to each candidate;

  • (c) return to the returning officer the election documents or election materials brought under subsection 300(4) or 301(4) for the purpose of the recount; and

  • (d) deliver to the returning officer the reports created in the course of the recount.

  • 2000, c. 9, s. 308
  • 2014, c. 12, s. 70
  • 2018, c. 31, s. 203

Marginal note:Costs

  •  (1) If a recount does not alter the result of the vote so as to affect the return, the judge shall

    • (a) order the costs of the candidate for whom the largest number of votes have been cast to be paid by the person who applied for the recount; and

    • (b) tax those costs, following as closely as possible the tariff of costs allowed with respect to proceedings in the court in which the judge ordinarily presides.

  • Marginal note:Disposal of deposit and right of action for balance

    (2) The money deposited as security for costs shall, as far as is necessary, be paid out to the candidate in whose favour costs are awarded under subsection (1) and, if the deposit is insufficient to cover the costs, the party in whose favour the costs are awarded has their action for the balance.

Marginal note:Application for reimbursement of costs

  •  (1) After a recount, a candidate may make an application to the Chief Electoral Officer for reimbursement of his or her costs in respect of the recount, setting out the amount and nature of the costs and whether they were actually and reasonably incurred.

  • Marginal note:Chief Electoral Officer determines costs

    (2) On receipt of an application under subsection (1), the Chief Electoral Officer shall determine the costs, and shall make a request for reimbursement to the Receiver General, up to a maximum of $500 for each day or part of a day during which the judge conducted the recount.

  • Marginal note:Payment from Consolidated Revenue Fund

    (3) The Receiver General, on receipt of a request for reimbursement from the Chief Electoral Officer, shall pay to the candidate the amount requested from the Consolidated Revenue Fund.

Failure of Judge to Conduct Recount

Marginal note:Failure of judge to act

  •  (1) If a judge does not comply with the provisions of sections 300 to 309, an aggrieved party may, within eight days after the failure to comply, make application for an order under subsection (3)

    • (a) in the Province of Ontario, to a judge of the Superior Court of Justice;

    • (b) in the Province of Quebec, New Brunswick or Alberta, Yukon, the Northwest Territories or Nunavut, to a judge of the Court of Appeal of the Province or Territory;

    • (c) in the Province of Nova Scotia, British Columbia or Prince Edward Island, to a judge of the Supreme Court of the Province;

    • (d) in the Province of Manitoba or Saskatchewan, to a judge of the Court of Queen’s Bench for the Province; and

    • (e) in the Province of Newfoundland and Labrador, to a judge of the Trial Division of the Supreme Court of Newfoundland and Labrador.

  • Marginal note:Application on affidavit

    (2) An application under subsection (1) may be made on affidavit, which need not be entitled in any matter or cause, that sets out the facts relating to the failure to comply.

  • Marginal note:Order of judge

    (3) The judge to whom an application is made under subsection (1) shall, if it appears that there was a failure to comply, make an order

    • (a) fixing the time, within the following eight days, and place to hear the application;

    • (b) directing the attendance of all parties interested at that time and place; and

    • (c) giving directions for the service of the order, and of any affidavit on which it was granted, on the judge alleged to have failed to comply and on any other interested party.

  • Marginal note:Affidavits may be filed in reply

    (4) The judge complained of and any interested party may file in the office of the clerk, registrar or prothonotary of the court of the judge to whom the application is made affidavits in reply to those filed by the applicant and shall provide the applicant with copies of them on demand.

  • 2000, c. 9, s. 311
  • 2002, c. 7, s. 93
  • 2014, c. 12, s. 71
  • 2018, c. 31, s. 204(F)

Marginal note:Order of court after hearing

  •  (1) After hearing the judge complained of and any other parties, the judge to whom the application was made or another judge of the same court

    • (a) shall make an order dismissing the application or ordering the judge in default to comply with the requirements of this Act in respect of the recount; and

    • (b) may make an order with respect to costs.

  • Marginal note:Judge to obey order

    (2) A judge found to be in default shall without delay comply with an order made under subsection (1).

  • Marginal note:Costs

    (3) Remedies for the recovery of costs awarded under paragraph (1)(b) are the same as for costs in ordinary cases in the same court.

PART 15Return of the Writ

Marginal note:Return of elected candidate

  •  (1) The returning officer, without delay after the sixth day that follows the completion of the validation of results or, if there is a recount, without delay after receiving the certificate referred to in section 308, shall declare elected the candidate who obtained the largest number of votes by completing the return of the writ in the prescribed form on the back of the writ.

  • Marginal note:Equality of votes

    (2) If there is an equality of votes between the candidates with the largest number of votes, the returning officer shall indicate that on the return of the writ.

Marginal note:Sending of documents

  •  (1) On completing the return of the writ, the returning officer shall without delay send to the Chief Electoral Officer all election documents in his or her possession together with

    • (a) a report of the returning officer’s proceedings in the prescribed form including his or her comments with respect to the state of the election documents received from election officers;

    • (b) a summary, in the prescribed form, of the number of votes cast for each candidate at each polling station; and

    • (c) all other documents that were used at the election, including documents prepared under paragraph 162(i.1).

  • Marginal note:Report re: disappearance of ballot box, etc.

    (2) In any case arising under section 296, the returning officer shall mention specially in the report the circumstances accompanying the disappearance of the ballot boxes or the lack of any statement of the vote, and the mode by which the returning officer ascertained the number of votes cast for each candidate.

  • 2000, c. 9, s. 314
  • 2018, c. 31, s. 205

Marginal note:Duplicate of return to each candidate

  •  (1) The returning officer shall forward a copy of the return of the writ to each candidate.

  • Marginal note:Premature return

    (2) A premature return of the writ is deemed not to have reached the Chief Electoral Officer until it should have reached the Chief Electoral Officer in due course.

  • Marginal note:Correction of writ

    (3) The Chief Electoral Officer shall, if necessary, send back the return of the writ and any or all of the related election documents to the returning officer for completion or correction.

Marginal note:Where report made before recount

  •  (1) Where, at the time of the issue of an order under section 311 or 312, the returning officer for the electoral district in respect of which the order is made has made a return of the writ under section 314, the Chief Electoral Officer shall, on being provided with a certified copy of the order, send back to the returning officer all election documents required for use at the recount.

  • Marginal note:Duties of returning officer on recount

    (2) On receiving a judge’s certificate with respect to the result of a recount, the returning officer shall

    • (a) if the result of the recount is that a person other than the person named in the original return is to be returned, make a substitute return of the writ; or

    • (b) if the result of the recount is to confirm the return, send the papers back to the Chief Electoral Officer without delay and not make a substitute return of the writ.

  • Marginal note:Effect of substitute return

    (3) A substitute return made under paragraph (2)(a) has the effect of cancelling the original return.

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.

PART 16Communications

Interpretation

Marginal note:Definitions

 The definitions in this section apply in this Part.

election advertising

election advertising[Repealed, 2018, c. 31, s. 206]

election survey

election survey[Repealed, 2018, c. 31, s. 206]

network

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. (réseau)

network operator

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. (exploitant de réseau)

online platform

online platform includes an Internet site or Internet application whose owner or operator, in the course of their commercial activities, sells, directly or indirectly, advertising space on the site or application to persons or groups. (plateforme en ligne)

prime time

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. (heures de grande écoute)

  • 2000, c. 9, s. 319
  • 2014, c. 12, s. 72
  • 2018, c. 31, s. 206

Election Advertising

Marginal note:Message must be authorized

 A candidate or registered party, or a person acting on their behalf, who causes election advertising to be conducted shall mention in or on the message that its transmission was authorized by the official agent of the candidate or by the registered agent of the party, as the case may be.

 [Repealed, 2018, c. 31, s. 207]

Marginal note:Election advertising posters

  •  (1) No landlord or person acting on their behalf may prohibit a tenant from displaying election advertising posters on the premises to which the lease relates and no condominium corporation or any of its agents may prohibit the owner of a condominium unit from displaying election advertising posters on the premises of his or her unit.

  • Marginal note:Permitted restrictions

    (2) Despite subsection (1), a landlord, person, condominium corporation or agent referred to in that subsection may set reasonable conditions relating to the size or type of election advertising posters that may be displayed on the premises and may prohibit the display of election advertising posters in common areas of the building in which the premises are found.

Marginal note:Blackout period

  •  (1) No person shall transmit election advertising to the public in an electoral district on polling day before the close of all of the polling stations in the electoral district.

  • Marginal note:Interpretation

    (2) The transmission to the public of a notice of an event that the leader of a registered party intends to attend or an invitation to meet or hear the leader of a registered party is not election advertising for the purpose of subsection (1).

  • Definition of person

    (3) For the purpose of subsection (1), a person includes a registered party and a group within the meaning of Part 17.

  • 2000, c. 9, s. 323
  • 2018, c. 31, s. 208

Marginal note:Exceptions

 Subsection 323(1) does not apply in respect of

  • (a) the transmission of a message that was transmitted to the public on what is commonly known as the Internet before the blackout period described in that subsection and that was not changed during that period; or

  • (b) the distribution during that period of pamphlets or the posting of messages on signs, posters or banners.

  • 2000, c. 9, s. 324
  • 2001, c. 21, s. 16(E)

Marginal note:Prohibition — prevention or impairment of transmission

  •  (1) No person shall prevent or impair the transmission to the public of an election advertising message without the consent of a person with authority to authorize its transmission.

  • Marginal note:Exception

    (2) Subsection (1) does not apply with respect to

    • (a) the prevention or impairment, by a public authority, of an unlawful transmission if reasonable notice has first been given to the person who authorized the transmission; or

    • (b) the removal by an employee of a public authority of a sign, poster or banner where the posting of it is a hazard to public safety.

Online Platforms

Marginal note:Online platforms that are subject to requirements

  •  (1) This section and section 325.2 apply to any online platform that, in the 12 months before the first day of the pre-election period, in the case of the publication on the platform of a partisan advertising message, or the 12 months before the first day of the election period, in the case of the publication on the platform of an election advertising message, was visited or used by Internet users in Canada an average of at least the following numbers of times per month:

    • (a) 3,000,000 times, if the content of the online platform is available mainly in English;

    • (b) 1,000,000 times, if the content of the online platform is available mainly in French; or

    • (c) 100,000 times, if the content of the online platform is available mainly in a language other than English or French.

  • Marginal note:Registry of partisan advertising messages and election advertising messages

    (2) The owner or operator of an online platform that sells, directly or indirectly, advertising space to the following persons and groups shall publish on the platform a registry of the persons’ and groups’ partisan advertising messages and election advertising messages published on the platform during that period:

    • (a) a registered party or eligible party;

    • (b) a registered association;

    • (c) a nomination contestant;

    • (d) a potential candidate or a candidate; or

    • (e) a third party that is required to register under subsection 349.6(1) or 353(1).

  • Marginal note:Information to be included in registry

    (3) The registry referred to in subsection (2) shall include the following:

    • (a) an electronic copy of each partisan advertising message and each election advertising message published on the platform; and

    • (b) for each advertising message referred to in paragraph (a), the name of the person who authorized the advertising message’s publication on the platform, namely

      • (i) a registered agent of the registered party or eligible party, in the case of an advertising message whose publication was requested by a registered party or eligible party,

      • (ii) the financial agent of the registered association, in the case of an advertising message whose publication was requested by a registered association,

      • (iii) the financial agent of the nomination contestant, in the case of an advertising message whose publication was requested by a nomination contestant,

      • (iv) the official agent of the potential candidate or candidate, in the case of an advertising message whose publication was requested by a potential candidate or a candidate, and

      • (v) the financial agent of the registered third party, in the case of an advertising message whose publication was requested by a registered third party.

  • Marginal note:Publication period of registry

    (4) The owner or operator of the online platform shall publish in the registry referred to in subsection (2) the information referred to in subsection (3) for each partisan advertising message and each election advertising message during the following periods:

    • (a) in the case of a partisan advertising message, during the period that begins on the day on which the online platform first publishes the advertising message and ends two years after

      • (i) the end of the election period of the general election immediately following the pre-election period, or

      • (ii) the day referred to in paragraph (b) of the definition pre-election period if there is no general election immediately following the pre-election period; and

    • (b) in the case of an election advertising message, during the period that begins on the first day on which the online platform publishes such an advertising message and ends two years after the end of the election period.

  • Marginal note:Information to be kept after publication period

    (5) The owner or operator of the online platform shall keep the information that was included in the registry referred to in subsection (2) in respect of each partisan advertising message and each election advertising message for five years after the end of the applicable publication period referred to in subsection (4).

  • 2018, c. 31, s. 208.1

Marginal note:Information to be provided by advertiser

 A person or group referred to in any of paragraphs 325.1(2)(a) to (e) that requests the publication of a partisan advertising message or election advertising message on an online platform shall provide the owner or operator of the platform with all the information in the person’s or group’s control that the owner or operator needs in order to comply with subsection 325.1(2).

  • 2018, c. 31, s. 208.1

Election Surveys

Marginal note:Transmission of election survey results

  •  (1) The first person who transmits the results of an election survey — other than a survey that is described in section 327 — to the public during an election period and any person who transmits them to the public within 24 hours after they are first transmitted to the public must provide the following together with the results:

    • (a) the name of the sponsor of the survey;

    • (b) the name of the person or organization that conducted the survey;

    • (c) the date on which or the period during which the survey was conducted;

    • (d) the population from which the sample of respondents was drawn;

    • (e) the number of people who were contacted to participate in the survey;

    • (f) if applicable, the margin of error in respect of the data obtained; and

    • (g) the address of the Internet site on which a report referred to in subsection (3) is published.

  • Marginal note:Additional information — published surveys

    (2) In addition to the information referred to in subsection (1), in the case of a transmission to the public by means other than broadcasting, the wording of the survey questions in respect of which data is obtained must be provided.

  • Marginal note:Notice of transmission of survey results

    (2.1) The first person who transmits to the public the results of an election survey — other than a survey that is described in section 327 — shall, if that person is not the sponsor of the survey, ensure that the sponsor of the survey has been notified, before the transmission, of the date on which the results are to be transmitted.

  • Marginal note:Report on survey results

    (3) A sponsor of an election survey — other than a survey that is described in section 327 — shall, during an election period, ensure that a report on the results of the survey is published and remains for the remainder of that period on an Internet site that is available to the public. The sponsor shall do so before transmitting the results of the survey, if they are the first person to transmit them or, if they are not, as soon as feasible after being notified of the date of transmission under subsection (2.1), and the report shall include the following, as applicable:

    • (a) the name and address of the sponsor of the survey;

    • (b) the name and address of the person or organization that conducted the survey;

    • (c) the date on which or the period during which the survey was conducted;

    • (d) information about the method used to collect the data from which the survey results are derived, including

      • (i) the sampling method,

      • (ii) the population from which the sample was drawn,

      • (iii) the size of the initial sample,

      • (iv) the number of individuals who were asked to participate in the survey and the numbers and respective percentages of them who participated in the survey, refused to participate in the survey, and were ineligible to participate in the survey,

      • (v) the dates and time of day of the interviews,

      • (vi) the method used to recalculate data to take into account in the survey the results of participants who expressed no opinion, were undecided or failed to respond to any or all of the survey questions, and

      • (vii) any weighting factors or normalization procedures used in deriving the results of the survey; and

    • (e) the wording of the survey questions and, if applicable, the margins of error in respect of the data obtained.

  • (4) [Repealed, 2018, c. 31, s. 210]

  • 2000, c. 9, s. 326
  • 2018, c. 31, s. 210

Marginal note:Broadcast of surveys not based on recognized statistical methods

 The first person who transmits the results of an election survey that is not based on recognized statistical methods to the public during an election period and any person who transmits them within 24 hours after they are first transmitted to the public must indicate that the survey was not based on recognized statistical methods.

Marginal note:Prohibition — causing transmission of election survey results during blackout period

  •  (1) No person shall cause to be transmitted to the public, in an electoral district on polling day before the close of all of the polling stations in that electoral district, the results of an election survey that have not previously been transmitted to the public.

  • Marginal note:Prohibition — transmission of election survey results during blackout period

    (2) No person shall transmit to the public, in an electoral district on polling day before the close of all of the polling stations in that electoral district, the results of an election survey that have not previously been transmitted to the public.

  • Marginal note:Application

    (3) For the purpose of this section, a person includes a group within the meaning of Part 17.

  • 2000, c. 9, s. 328
  • 2018, c. 31, s. 211

 [Repealed, 2014, c. 12, s. 73]

Broadcasting outside Canada

Marginal note:Prohibition — use of broadcasting station outside Canada

  •  (1) No person shall, with intent to influence persons to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election, use a broadcasting station outside Canada, or aid, abet, counsel or procure the use of a broadcasting station outside Canada, during an election period, for the broadcasting of any matter having reference to an election.

  • Marginal note:Exception

    (1.1) Subsection (1) does not apply in respect of any matter that is broadcast if the broadcasting signals originated in Canada.

  • Marginal note:Prohibition — broadcasting outside Canada

    (2) During an election period, no person shall broadcast, outside Canada, election advertising with respect to an election.

  • 2000, c. 9, s. 330
  • 2018, c. 31, s. 212

 [Repealed, 2018, c. 31, s. 213]

Political Broadcasts

Marginal note:Appointment of Broadcasting Arbitrator

  •  (1) A Broadcasting Arbitrator shall be appointed by the Chief Electoral Officer without delay after the consultations described in section 333. The Broadcasting Arbitrator shall be

    • (a) chosen by a unanimous decision of representatives of registered parties; or

    • (b) named by the Chief Electoral Officer, if the consultations do not result in a unanimous decision.

  • Marginal note:Term of office

    (2) The term of office of the Broadcasting Arbitrator shall expire six months after polling day at the general election next following his or her appointment.

  • Marginal note:Removal for cause

    (3) The Chief Electoral Officer may remove the Broadcasting Arbitrator from office only for cause.

  • Marginal note:Eligible for re-appointment

    (4) A Broadcasting Arbitrator whose term of office has expired is eligible to be re-appointed.

  • Marginal note:Salary

    (5) A Broadcasting Arbitrator shall be paid the salary or other remuneration that may be fixed by the Chief Electoral Officer.

Marginal note:Convening of representatives

  •  (1) The Chief Electoral Officer shall hold a meeting of two representatives of each registered party represented in the House of Commons at that time, or if Parliament is dissolved, at the time of dissolution, designated in writing by their party leader, for the purpose of holding consultations to choose a Broadcasting Arbitrator. The meeting shall be held within

    • (a) 90 days after polling day at a general election; or

    • (b) 14 days after the day on which the Broadcasting Arbitrator dies, becomes incapacitated, resigns or is removed from office, if that day is not during the election period of a general election.

  • Marginal note:Chairperson

    (2) The Chief Electoral Officer shall designate the Chairperson at the meeting referred to in subsection (1) and at all subsequent consultations.

  • Marginal note:Report

    (3) The representatives of the registered parties referred to in subsection (1) shall make a report signed by each of them to the Chief Electoral Officer of the results of their consultations no later than

    • (a) six weeks after a meeting referred to in paragraph (1)(a); and

    • (b) four weeks after a meeting referred to in paragraph (1)(b).

Marginal note:Vacancy during election period

 In the event of the death, incapacity, resignation or removal of the Broadcasting Arbitrator during the election period of a general election, the Chief Electoral Officer shall appoint a new Broadcasting Arbitrator without delay.

Marginal note:Broadcasting time to be provided to registered parties

  •  (1) In the period beginning on the issue of the writs for a general election and ending at midnight on the day before polling day, every broadcaster shall, subject to the regulations made under the Broadcasting Act and the conditions of its licence, make available, for purchase by all registered parties for the transmission of political announcements and other programming produced by or on behalf of the registered parties, six and one-half hours of broadcasting time during prime time on its facilities.

  • Marginal note:When broadcaster affiliated with network

    (2) If a broadcaster is affiliated with a network, the part of the broadcasting time to be made available under subsection (1) that may be determined by agreement between the broadcaster and the network operator shall be made available by the network operator during the portion of the broadcaster’s prime time broadcasting schedule that has been delegated to the control of the network operator.

  • 2000, c. 9, s. 335
  • 2001, c. 21, s. 17

Marginal note:Request for meeting

  •  (1) The Broadcasting Arbitrator shall convene a meeting of representatives of all registered parties to consult on the allocation of broadcasting time made available under section 335 within 30 days after the receipt of a written request from the chief agent of a registered party, or six months after the Broadcasting Arbitrator takes office, whichever is earlier.

  • Marginal note:Time of request

    (2) The written request may not be made until the Broadcasting Arbitrator has been in office for 60 days.

  • Marginal note:Chairperson

    (3) The Broadcasting Arbitrator shall act as Chairperson at any meeting referred to in subsection (1).

Marginal note:No allocation

  •  (1) A registered party shall not be allocated broadcasting time if, after receiving notice of the meeting referred to in subsection 336(1), the party

    • (a) indicates in writing to the Broadcasting Arbitrator that it does not wish to be allocated broadcasting time; or

    • (b) fails to communicate to the Broadcasting Arbitrator its intentions regarding the allocation of the broadcasting time and fails to have its representative attend the meeting.

  • Marginal note:Agreement on allocation

    (2) Unanimous agreement of the registered parties on the allocation of the broadcasting time is binding on all registered parties.

  • Marginal note:Broadcasting Arbitrator decides when no agreement

    (3) If unanimous agreement is not reached within four weeks after the meeting referred to in subsection 336(1), the Broadcasting Arbitrator shall allocate the broadcasting time, and that allocation is binding on all registered parties.

Marginal note:Factors in allocation

  •  (1) Subject to subsections (3) to (5), in allocating broadcasting time, the Broadcasting Arbitrator shall give equal weight to

    • (a) the percentage of seats in the House of Commons held by each of the registered parties at the previous general election; and

    • (b) the percentage of the popular vote at the previous general election of each registered party.

    The Broadcasting Arbitrator shall in addition give half the weight given to each of the factors referred to in paragraphs (a) and (b) to the number of candidates endorsed by each of the registered parties at the previous general election, expressed as a percentage of all candidates endorsed by all registered parties at that election.

  • Marginal note:Allocation where merger of parties

    (2) Subject to subsections (3) to (5), in allocating broadcasting time in the case of the merger of two or more registered parties, the Broadcasting Arbitrator shall

    • (a) in determining the percentage of seats held by a merged party at the previous general election for the purpose of paragraph (1)(a), include the total number of seats held by the merging parties;

    • (b) in determining the percentage of the popular vote of a merged party at the previous general election for the purpose of paragraph (1)(b), include the total number of votes obtained by the merging parties; and

    • (c) for the purpose of giving the half-weight under subsection (1), assign to the merged party the number of candidates endorsed by the merging party that had the greatest number of candidates at that election.

  • Marginal note:No allocation in excess of 50%

    (3) In no case shall the Broadcasting Arbitrator allocate more than 50% of the total of the broadcasting time to a registered party.

  • Marginal note:Allocation of time in excess of 50%

    (4) If the calculation under subsection (1) would give more than 50% of the total of the broadcasting time to a registered party, the Broadcasting Arbitrator shall allocate the excess amount to the other registered parties entitled to broadcasting time on a proportionate basis.

  • Marginal note:Discretion re allocation

    (5) If the Broadcasting Arbitrator considers that an allocation determined in accordance with subsection (1) would be unfair to a registered party or contrary to the public interest, the allocation may be modified, subject to subsections (3) and (4), in any manner that the Broadcasting Arbitrator considers appropriate.

  • Marginal note:Notification of allocation

    (6) The Broadcasting Arbitrator shall, as soon as possible, give notice in writing of every allocation of broadcasting time made by the Broadcasting Arbitrator or by the registered parties to

    • (a) every registered party; and

    • (b) every political party that became an eligible party either before or after the allocation.

    The notice shall advise an eligible party referred to in paragraph (b) that it has 30 days after the receipt of the notice to request that broadcasting time be made available to it, for purchase, under section 339.

Marginal note:New parties entitled to broadcasting time

  •  (1) Subject to subsection (4), every eligible party referred to in paragraph 338(6)(b) that makes a request as described in subsection 338(6) within the time referred to in that subsection is entitled to purchase broadcasting time in an amount equal to the lesser of

    • (a) the smallest portion of broadcasting time to be made available under section 335 allocated to a registered party under sections 337 and 338, and

    • (b) six minutes.

  • Marginal note:Parties not entitled to time

    (2) An eligible party referred to in paragraph 338(6)(b) is not entitled to have any broadcasting time made available to it under this section if the party

    • (a) indicates in writing that it does not wish any broadcasting time under this section; or

    • (b) fails to make a request as described in subsection 338(6) within the time referred to in that subsection.

  • Marginal note:Broadcasting time to be provided to new eligible parties

    (3) In addition to the broadcasting time to be made available under section 335, and within the period referred to in that section, every broadcaster shall, subject to the regulations made under the Broadcasting Act and to the conditions of its licence, make available, for purchase by every eligible party entitled to broadcasting time under this section, broadcasting time in the amount determined under this section for the eligible party for the transmission of political announcements and other programming produced by or on behalf of the eligible party during prime time on that broadcaster’s facilities.

  • Marginal note:Maximum of 39 minutes

    (4) The maximum amount of broadcasting time available for purchase by eligible parties under this section is 39 minutes and, once that amount of broadcasting time is reached, all entitlement under this section shall be altered or established to be of whatever number of minutes or portions of minutes is necessary so that all eligible parties requesting time under this section receive the same amount of time within the 39-minute limit.

Marginal note:Reallocation in case of deregistration

  •  (1) If a registered party to which broadcasting time has been allocated under this Part is subsequently deregistered, the Broadcasting Arbitrator, within two weeks after publication in the Canada Gazette of the notice of deregistration, shall convene the representatives of the remaining registered parties and eligible parties to which broadcasting time has been allocated for the purpose of reallocating that party’s broadcasting time.

  • Marginal note:Reallocation in case of loss of eligibility

    (2) Where an eligible party to which broadcasting time has been allocated under section 339 subsequently ceases to be an eligible party, the Broadcasting Arbitrator, within two weeks after the cessation of eligibility, shall convene the representatives of the remaining registered parties and eligible parties to whom broadcasting time has been allocated for the purpose of reallocating that party’s broadcasting time.

  • Marginal note:Exception

    (3) If the deregistration or cessation of eligibility referred to in subsection (1) or (2), respectively, occurs after the issue of the writs for a general election, the broadcasting time that was allocated to the deregistered party or to the party that has ceased to be eligible shall not be reallocated.

  • 2000, c. 9, s. 340
  • 2003, c. 19, s. 5

Marginal note:Reallocation in case of merger

 If two or more registered parties merge after an allocation of the broadcasting time to be made available under section 335, the Broadcasting Arbitrator shall without delay convene the representatives of the registered parties, including the merged parties, for the purpose of reallocating the broadcasting time allocated to all registered parties.

Marginal note:Broadcasters to be notified

  •  (1) The Broadcasting Arbitrator shall notify the Canadian Radio-television and Telecommunications Commission of every allocation under sections 337 and 338 and every entitlement under section 339 as soon as possible after it is made or requested and the Commission shall notify every broadcaster and every network operator of every such allocation and entitlement without delay after it is made and again immediately after the issue of the writs for the next general election.

  • Marginal note:Information to parties

    (2) The Broadcasting Arbitrator shall, on request, provide all registered parties and all eligible parties referred to in paragraph 338(6)(b) with the names and addresses of all broadcasters and network operators.

Marginal note:Annual review

  •  (1) In each of the calendar years after the calendar year in which an allocation of broadcasting time has been made under sections 337 and 338 or an eligible party has requested and has become entitled to broadcasting time under section 339, the Broadcasting Arbitrator shall convene and chair a meeting of the representatives of all registered parties to review the allocation or entitlement.

  • Marginal note:Reduction to six and one-half hours

    (2) If, at a meeting referred to in subsection (1), it is determined that the total broadcasting time allocated or requested exceeds six and one-half hours, the Broadcasting Arbitrator shall reduce the allocated or requested time to six and one-half hours on a proportionate basis and that reduction shall be final and binding on all registered parties and eligible parties.

Marginal note:Definitions

  •  (1) The definitions in this subsection apply in subsections (2) and (5).

    commercial time

    commercial time means any period of two minutes or less during which a broadcaster normally presents commercial messages, public service announcements or station or network identification. (temps commercial)

    program time

    program time means any period longer than two minutes during which a broadcaster does not normally present commercial messages, public service announcements or station or network identification. (durée de l’émission)

  • Marginal note:Notice of preference by party

    (2) Each registered party and each eligible party entitled to purchase broadcasting time under this Act shall, not later than 10 days after the issue of the writs for a general election, send a notice in writing to each broadcaster and each network operator from whom it intends to purchase broadcasting time, setting out its preference as to the proportion of commercial time and program time to be made available to it and the days on which and the hours during which that time as so proportioned is to be made available, but at no time shall that party obtain broadcasting time before the 5th day after the notice is received by the broadcaster or network operator.

  • Marginal note:Consultation to reach agreement

    (3) Every broadcaster or network operator who receives a notice under subsection (2) shall, within two days after its receipt, consult with representatives of the registered party or eligible party that sent the notice for the purpose of reaching an agreement on the requests contained in it.

  • Marginal note:When no agreement

    (4) If no agreement is reached under subsection (3) within two days after the commencement of the consultation required by that subsection, the matter shall be referred to the Broadcasting Arbitrator who shall decide on the requests without delay and give notice of his or her decision to the broadcaster or network operator and to the representatives of the registered party or eligible party that made the requests.

  • Marginal note:Factors in decision

    (5) In making a decision under subsection (4), the Broadcasting Arbitrator shall take into account the following principles:

    • (a) that each registered party and each eligible party should have the freedom and flexibility to determine the proportion of commercial time and program time to be made available to it and the days on which and the hours during which that time as so proportioned should be made available; and

    • (b) that any broadcasting time to be made available to a registered party or eligible party should be made available fairly throughout prime time.

  • Marginal note:Decision binding

    (6) A decision of the Broadcasting Arbitrator under subsection (4) is final and binding on the registered party or eligible party, as the case may be, and the broadcaster or network operator.

Marginal note:Free broadcasting time

  •  (1) In the period beginning on the issue of the writs for a general election and ending at midnight on the day before polling day at that election, every network operator shall, subject to the regulations made under the Broadcasting Act and to the conditions of its licence, make available, at no cost, to the registered parties and eligible parties referred to in subsection (2), for the transmission of political announcements and other programming produced by or on behalf of those parties, broadcasting time as determined under that subsection if the network formed and operated by the network operator

    • (a) reaches a majority of Canadians whose mother tongue is the same as that in which the network broadcasts;

    • (b) is licensed with respect to more than a particular series of programs or type of programming; and

    • (c) does not involve a distribution undertaking as defined in subsection 2(1) of the Broadcasting Act.

  • Marginal note:Determination of free broadcasting time

    (2) For the purpose of subsection (1), the minimum amount of broadcasting time that a network operator is to make available shall be no less than the amount of free broadcasting time made available by it at the last general election and shall be made available as follows:

    • (a) two minutes to every registered party referred to in paragraph 337(1)(a) and every eligible party referred to in paragraph 339(2)(a); and

    • (b) the remainder to all registered parties that have been allocated any of the broadcasting time to be made available under section 335 and all eligible parties that have requested broadcasting time under section 339 in the proportion that their allocated or requested purchasable broadcasting time bears to the total broadcasting time allocated or requested under those sections.

  • Marginal note:Free time not election expense

    (3) The value of free broadcasting time made available to a registered party under this section shall not be taken into consideration in calculating its election expenses within the meaning of section 376.

  • Marginal note:Determination of population reached

    (4) For the purpose of subsection (1), a network is deemed to reach

    • (a) people resident within the areas served by broadcasting stations affiliated to the network that

      • (i) in the case of A.M. radio stations, are enclosed by the night-time interference-free official contour of the stations,

      • (ii) in the case of F.M. radio stations, are enclosed by the 50 mV per metre official contour of the stations, and

      • (iii) in the case of television stations, are enclosed by the Grade B official contour of the stations; and

    • (b) people resident outside the areas described in paragraph (a) to whom the signals of broadcasting stations affiliated to the network are available via distribution undertakings licensed by the Canadian Radio-television and Telecommunications Commission.

  • 2000, c. 9, s. 345
  • 2001, c. 21, s. 18
  • 2014, c. 12, s. 74

Marginal note:Broadcasting Arbitrator to prepare guidelines

 The Broadcasting Arbitrator shall, not later than two days after the issue of the writs for a general election, prepare and send to the Canadian Radio-television and Telecommunications Commission a set of guidelines respecting

  • (a) the allocation of or entitlement to broadcasting time under this Act;

  • (b) the procedures for booking broadcasting time by registered parties and eligible parties; and

  • (c) any other matters that may be pertinent to the conduct of broadcasters and network operators under this Act.

Marginal note:C.R.T.C. to prepare and send guidelines

 The Canadian Radio-television and Telecommunications Commission shall, not later than four days after the issue of the writs for a general election, prepare a set of guidelines respecting the applicability of the Broadcasting Act and the regulations made under that Act to the conduct of broadcasters and network operators in relation to a general election and send them, together with the set of guidelines sent by the Broadcasting Arbitrator under section 346, to all broadcasters and network operators.

Marginal note:Prohibition relating to rates charged

 No person shall charge a registered party, any other political party or a candidate or a person acting on behalf of any of them,

  • (a) a rate for broadcasting time made available to the party or candidate, in the period beginning on the issue of the writs and ending at midnight on the day before polling day, that exceeds the lowest rate charged by the person for an equal amount of equivalent time on the same facilities made available to any other person at any time within that period; or

  • (b) a rate for an advertisement in a periodical publication published or distributed and made public in the period referred to in paragraph (a) that exceeds the lowest rate charged by the person for an equal amount of equivalent advertising space in the same issue of the periodical publication or in any other issue of it that is published or distributed and made public in that period.

  • 2000, c. 9, s. 348
  • 2001, c. 21, s. 19

PART 16.1Voter Contact Calling Services

DIVISION 1Interpretation

Marginal note:Definitions

 The following definitions apply in this Part.

automatic dialing-announcing device

automatic dialing-announcing device means any automatic equipment that has the capability to store or produce telephone numbers and that is used alone or in conjunction with other equipment to convey a pre-recorded or synthesized voice message to those telephone numbers.  (composeur-messager automatique)

call

call means any of the following types of calls that are made to telephone numbers:

  • (a) live voice calls;

  • (b) calls made by means of an automatic dialing-announcing device;

  • (c) calls that consist of a combination of the types of calls referred to in paragraphs (a) and (b). (appel)

calling service provider

calling service provider means a person or group that carries on a business whose activities include the making of calls for or on behalf of another person or group. (fournisseur de services d’appel)

group

group means a registered party, registered association, unincorporated trade union, trade association or other group of persons acting together by mutual consent for a common purpose. (groupe)

internal services

internal services means

  • (a) in relation to a group, the services provided by its members or employees, and those provided to it free of charge by any individual;

  • (b) in relation to a candidate, a nomination contestant or a third party who is an individual, the services provided by them personally or by their employees and those provided free of charge to the candidate, contestant or third party by any individual; and

  • (c) in relation to a third party that is a corporation, the services provided by its employees and those provided to it free of charge by any individual. (services internes)

official representative

official representative means

  • (a) in the case of a registered party, its chief agent;

  • (b) in the case of a registered association, its financial agent;

  • (c) in the case of a candidate, their official agent;

  • (d) in the case of a nomination contestant, their financial agent;

  • (e) in the case of a registered third party, its financial agent;

  • (f) in the case of an unregistered third party that is a corporation, the officer of the corporation who has signing authority for it; and

  • (g) in the case of an unregistered third party that is a group, a person who is responsible for the group. (représentant officiel)

registered third party

registered third party means a third party that is registered under section 353. (tiers enregistré)

third party

third party means a person or a group, other than a registered party, registered association, candidate or nomination contestant. (tiers)

voter contact calling services

voter contact calling services means services involving the making of calls during an election period for any purpose related to an election, including

  • (a) promoting or opposing a registered party, its leader, a candidate or a nomination contestant or any position on an issue with which such a party or person is associated;

  • (b) encouraging electors to vote or to refrain from voting;

  • (c) providing information about the election, including information about voting hours and the location of polling stations;

  • (d) gathering information about how electors voted in past elections or will vote in the election or their views on a registered party, its leader, a candidate or a nomination contestant or any issue with which such a party or person is associated; and

  • (e) raising funds for a registered party, a registered association, a candidate or a nomination contestant. (services d’appels aux électeurs)

  • 2014, c. 12, s. 75

DIVISION 1.1Provision of Voter Contact Calling Services

Agreements Relating to Voter Contact Calling Services

Marginal note:Prohibition — entering into agreement with calling service provider

 A person or group shall not enter into an agreement with a calling service provider for voter contact calling services unless

  • (a) the person or group is a registered party, a registered association, a nomination contestant or a registered third party, or an unregistered third party that is a corporation or group, and the agreement is entered into on behalf of the person or group by the person’s or group’s official representative;

  • (b) the person is a candidate and the agreement is entered into in their own name or on their behalf by their official representative or by a person that their official representative has so authorized in writing; or

  • (c) the person is an unregistered third party who is an individual and the agreement is entered into in their own name.

  • 2014, c. 12, s. 76

Marginal note:Obligation to inform

 Before a person enters into an agreement with a calling service provider for voter contact calling services, either in their own name or on behalf of another person or a group, the person shall inform the calling service provider that the agreement is for voter contact calling services and shall provide the calling service provider with their name, address and telephone number and a copy of a piece of identification authorized by the Canadian Radio-television and Telecommunications Commission that contains their name.

  • 2014, c. 12, s. 76

Marginal note:Obligation to obtain identification information

  •  (1) Before a calling service provider enters into an agreement with a person or group to provide voter contact calling services, the calling service provider shall obtain from the person who is to enter into the agreement, either in their own name or on behalf of the person or a group, their name, address and telephone number and a copy of a piece of identification authorized by the Canadian Radio-television and Telecommunications Commission that contains their name.

  • Marginal note:Obligation to keep identification information

    (2) The calling service provider shall prepare a record of the information obtained and keep that record and the copy of the piece of identification for one year after the end of the election period.

  • 2014, c. 12, s. 76

Marginal note:Obligation to confirm nature of services

  •  (1) A calling service provider that enters into an agreement to make calls for or on behalf of a person or group shall, before the first call is made under the agreement during an election period, ask the person or group whether the making of calls under the agreement would constitute voter contact calling services.

  • Marginal note:Obligation to authorize, etc.

    (2) If the making of calls under the agreement does constitute voter contact calling services, a person who is authorized under section 348.02 to enter into an agreement for voter contact calling services with respect to the person or group in question shall, before the first call is made, authorize the provision of voter contact calling services under the agreement and provide the calling service provider with their name, address and telephone number and a copy of a piece of identification authorized by the Canadian Radio-television and Telecommunications Commission that contains their name.

  • Marginal note:Obligation to obtain identification information

    (3) If the making of calls under the agreement does constitute voter contact calling services, the calling service provider shall, before the first call is made, obtain from the person who provides the authorization in accordance with subsection (2) that person’s name, address and telephone number and a copy of a piece of identification authorized by the Commission that contains that person’s name.

  • Marginal note:Obligation to keep identification information

    (4) The calling service provider shall prepare a record of the information obtained and keep that record and the copy of the piece of identification for one year after the end of the election period.

  • 2014, c. 12, s. 76

Filing Obligations — Registration Notices

Marginal note:Obligation to file registration notice

  •  (1) A calling service provider that, in accordance with an agreement, provides voter contact calling services shall file a registration notice with the Canadian Radio-television and Telecommunications Commission.

  • Marginal note:Time for filing and contents

    (2) For each election period to which the agreement applies, the registration notice shall be filed not later than 48 hours after the first call is made under the agreement and shall set out

    • (a) the calling service provider’s name;

    • (b) the name of the person or group that is a party to the agreement;

    • (b.1) the name of the person or group on whose behalf calls will be made under the agreement; and

    • (c) the type of calls to be made under the agreement.

  • 2014, c. 12, s. 76
  • 2018, c. 31, s. 214

Marginal note:Obligation to file registration notice — agreement

  •  (1) A person who enters into an agreement with a calling service provider for voter contact calling services, either in their own name or on behalf of another person or a group, or a person who provides an authorization of the provision of voter contact calling services under an agreement in accordance with subsection 348.05(2), as the case may be, shall file a registration notice with the Canadian Radio-television and Telecommunications Commission.

  • Marginal note:Time for filing and contents

    (2) For each election period to which the agreement applies, the registration notice shall be filed not later than 48 hours after the first call is made under the agreement and shall set out

    • (a) the calling service provider’s name;

    • (b) the name of the person or group that is a party to the agreement;

    • (b.1) the name of the person or group on whose behalf calls will be made under the agreement; and

    • (c) the type of calls to be made under the agreement.

  • Marginal note:Obligation to provide copy of identification document

    (3) The person who files the registration notice shall, at the time of filing the registration notice, provide the Commission with their name, address and telephone number and a copy of a piece of identification authorized by the Commission that contains their name.

  • Marginal note:Deeming

    (4) Except for the purposes of section 348.12, a registration notice is deemed not to have been filed if the information and the copy of the piece of identification are not provided at the time the registration notice is filed.

  • 2014, c. 12, s. 76
  • 2018, c. 31, s. 215

Marginal note:Obligation to file registration notice — live voice calls

  •  (1) If, during an election period, a third party that is a corporation or group uses its internal services to make live voice calls for any purpose relating to the election, including a purpose referred to in any of paragraphs (a) to (e) of the definition voter contact calling services in section 348.01, the third party’s official representative shall file a registration notice with the Canadian Radio-television and Telecommunications Commission.

  • Marginal note:Time for filing and contents

    (2) The registration notice shall be filed not later than 48 hours after the first live voice call is made and shall set out

    • (a) the third party’s name;

    • (b) the name, address and telephone number of the official representative; and

    • (c) a statement that the third party is making live voice calls.

  • Marginal note:Obligation to provide copy of identification document

    (3) The official representative shall, at the time of filing the registration notice, provide the Commission with their name, address and telephone number and a copy of a piece of identification authorized by the Commission that contains their name.

  • Marginal note:Deeming

    (4) Except for the purposes of section 348.12, a registration notice is deemed not to have been filed if the information and the copy of the piece of identification are not provided at the time the registration notice is filed.

  • 2014, c. 12, s. 76

Marginal note:Obligation to file registration notice — other calls

  •  (1) If, during an election period, a person or group uses their internal services to make calls by means of an automatic dialing-announcing device for any purpose relating to the election, including a purpose referred to in any of paragraphs (a) to (e) of the definition voter contact calling services in section 348.01, the official representative of the person or group — or the person themselves, if the person is an unregistered third party who is an individual — shall file a registration notice with the Canadian Radio-television and Telecommunications Commission.

  • Marginal note:Time for filing and contents

    (2) The registration notice shall be filed not later than 48 hours after the first call is made and shall set out

    • (a) the name of the person or group;

    • (b) the name, address and telephone number of the official representative or individual; and

    • (c) a statement that the person or group is making calls by means of an automatic dialing-announcing device.

  • Marginal note:Obligation to provide copy of identification document

    (3) The official representative or individual shall, at the time of filing the registration notice, provide the Commission with their name, address and telephone number and a copy of a piece of identification authorized by the Commission that contains their name.

  • Marginal note:Deeming

    (4) Except for the purposes of section 348.12, a registration notice is deemed not to have been filed if the information and the copy of the piece of identification are not provided at the time the registration notice is filed.

  • 2014, c. 12, s. 76

Role of the Canadian Radio-television and Telecommunications Commission

Marginal note:Administration and enforcement

  •  (1) The Canadian Radio-television and Telecommunications Commission is responsible for the administration and enforcement of this Division.

  • Marginal note:Telecommunications Act

    (2) The administration and enforcement of this Division are to be carried out under Part V of the Telecommunications Act.

  • 2014, c. 12, s. 76

Marginal note:Registry

 The Canadian Radio-television and Telecommunications Commission is responsible for establishing and maintaining a registry, to be known as the Voter Contact Registry, in which all documents provided to it under sections 348.06 to 348.09 are to be kept.

  • 2014, c. 12, s. 76

Marginal note:Publication

  •  (1) As soon as feasible but no later than 30 days after polling day, the Canadian Radio-television and Telecommunications Commission shall, in the manner that it considers appropriate, publish the registration notices relating to the election that have been filed with it.

  • Marginal note:Clarification

    (2) Nothing in subsection (1) precludes the Canadian Radio-television and Telecommunications Commission from publishing, before polling day, any registration notice filed with it or any information related to any incomplete registration notice that is filed with it.

  • 2014, c. 12, s. 76
  • 2018, c. 31, s. 216

Marginal note:Delegation

  •  (1) The Canadian Radio-television and Telecommunications Commission may, in writing and on any terms it specifies, delegate to any person any of the powers, duties and functions referred to in sections 348.11 and 348.12.

  • Marginal note:Revocation

    (2) The Commission may, in writing, revoke a delegation made under subsection (1).

  • 2014, c. 12, s. 76

Marginal note:Authorization of types of identification

 The Canadian Radio-television and Telecommunications Commission may authorize the types of pieces of identification and of copies of such pieces of identification for the purposes of sections 348.03 to 348.05 and 348.07 to 348.09.

  • 2014, c. 12, s. 76

Marginal note:Disclosure to Commissioner

 The Canadian Radio-television and Telecommunications Commission shall, on the request of the Commissioner, disclose to the Commissioner any document or information that it received under this Division that the Commissioner considers necessary for the purpose of ensuring compliance with and enforcement of this Act, other than this Division.

  • 2014, c. 12, s. 76

DIVISION 2Scripts, Recordings and Lists of Telephone Numbers

Marginal note:Calling service provider — agreement

 Every calling service provider that, in accordance with an agreement, provides voter contact calling services shall keep, for three years after the end of the election period,

  • (a) a copy of each unique script used in live voice calls made under the agreement and a record of every date on which the script was used;

  • (b) a recording of each unique message conveyed by an automatic dialing-announcing device that is used to make calls under the agreement and a record of every date on which it was so conveyed; and

  • (c) a list of every telephone number called under the agreement during the election period.

  • 2014, c. 12, s. 77
  • 2018, c. 31, s. 218

Marginal note:Person or group — agreement

 Every person or group that enters into an agreement with a calling service provider under which voter contact calling services are provided shall keep, for one year after the end of the election period,

  • (a) a copy of each unique script used in live voice calls made under the agreement and a record of every date on which the script was used;

  • (b) a recording of each unique message conveyed by an automatic dialing-announcing device that is used to make calls under the agreement and a record of every date on which it was so conveyed; and

  • (c) a list of every telephone number called under the agreement during the election period.

  • 2014, c. 12, s. 77
  • 2018, c. 31, s. 219

Marginal note:Person or group — internal services

 If, during an election period, a person or group uses their internal services to make calls by means of an automatic dialing-announcing device for any purpose relating to the election, including a purpose referred to in any of paragraphs (a) to (e) of the definition voter contact calling services in section 348.01, the person or group shall keep, for one year after the end of the election period,

  • (a) a recording of each unique message conveyed by the device and a record of every date on which it was so conveyed; and

  • (b) a list of every telephone number called for that purpose during the election period.

  • 2014, c. 12, s. 77
  • 2018, c. 31, s. 220

Marginal note:Third party that is corporation or group — internal services

 If, during an election period, a third party that is a corporation or group uses its internal services to make live voice calls for any purpose relating to the election, including a purpose referred to in any of paragraphs (a) to (e) of the definition voter contact calling services in section 348.01, the third party shall, if a script is used, keep, for one year after the end of the election period,

  • (a) a copy of each unique script used and a record of every date on which the script was used; and

  • (b) a list of every telephone number called for that purpose during the election period.

  • 2014, c. 12, s. 77
  • 2018, c. 31, s. 220

PART 17Third Party Advertising, Partisan Activities and Election Surveys

Interpretation

Marginal note:Definitions

 The definitions in this section apply in this Part.

election advertising

election advertising[Repealed, 2018, c. 31, s. 222]

election advertising expense

election advertising expense[Repealed, 2018, c. 31, s. 222]

election survey

election survey means an election survey that is conducted by, or caused to be conducted by, a third party — a person or group other than a political party that is registered under an Act of a province — during a pre-election period or an election period and whose results the person or group takes into account

  • (a) in deciding whether or not to organize and carry out partisan activities or to transmit partisan advertising messages or election advertising messages; or

  • (b) in their organization and carrying out of those activities or their transmission of those messages. (sondage électoral)

election survey expense

election survey expense means an expense incurred in respect of the conducting of an election survey

  • (a) in Division 1, during a pre-election period;

  • (b) in Division 2, during an election period; and

  • (c) in Division 3, during either a pre-election period or an election period. (dépenses de sondage électoral)

expenses

expenses means

  • (a) amounts paid;

  • (b) liabilities incurred;

  • (c) the commercial value of property and services, other than volunteer labour, that are donated or provided; and

  • (d) amounts that represent the difference between an amount paid or a liability incurred for property and services, other than volunteer labour, and the commercial value of the property and services, when they are provided at less than their commercial value. (dépenses)

group

group means an unincorporated trade union, trade association or other group of persons acting together by mutual consent for a common purpose. (groupe)

partisan activity

partisan activity means an activity, including canvassing door-to-door, making telephone calls to electors and organizing rallies, that is carried out by a third party — a person or group other than a political party that is registered under an Act of a province — and that promotes or opposes a registered party or eligible party or the election of a potential candidate, nomination contestant, candidate or leader of a registered party or eligible party, otherwise than by taking a position on an issue with which any such party or person is associated. It does not include election advertising, partisan advertising or a fundraising activity. (activité partisane)

partisan activity expense

partisan activity expense means an expense incurred in respect of the organization and carrying out of a partisan activity. (dépenses d’activité partisane)

registered third party

registered third party means a third party that is registered under section 349.6 or 353. (tiers enregistré)

third party

third party means

  • (a) in Division 0.1, a person or a group other than

    • (i) during an election period, a candidate, a registered party or an electoral district association of a registered party, and

    • (ii) outside of an election period,

      • (A) a registered party or eligible party or a registered association,

      • (B) a potential candidate within the meaning of paragraph (a), (b) or (d) of the definition potential candidate in subsection 2(1), or

      • (C) a nomination contestant;

  • (a.1) in Division 1, a person or a group other than

    • (i) a registered party or eligible party or a registered association,

    • (ii) a potential candidate within the meaning of paragraph (a), (b) or (d) of the definition potential candidate in subsection 2(1), or

    • (iii) a nomination contestant; and

  • (b) in Division 2, a person or a group other than a candidate, a registered party or an electoral district association of a registered party. (tiers)

  • 2000, c. 9, s. 349
  • 2018, c. 31, s. 222

DIVISION 0.1Prohibition on Use of Foreign Funds by Third Parties

Marginal note:Definitions

  •  (1) The following definitions apply in this Division.

    advertising

    advertising means the transmission to the public by any means of an advertising message that promotes or opposes a registered party or eligible party or the election of a potential candidate, nomination contestant, candidate or leader of a registered party or eligible party, otherwise than by taking a position on an issue with which any such party or person 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 by a Senator or a member the expense of which is paid by the Senate or House of Commons;

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

    • (e) the transmission by an individual, on a non-commercial basis on the Internet, of his or her personal political views; or

    • (f) the making of telephone calls to electors only to encourage them to vote. (publicité)

    foreign entity

    foreign entity includes

    • (a) an individual who is not a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act;

    • (b) a corporation or entity incorporated, formed or otherwise organized outside Canada that does not carry on business in Canada or whose only activity carried on in Canada consists of doing anything to influence electors to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at an election;

    • (c) a trade union that does not hold bargaining rights for employees in Canada;

    • (d) a foreign political party; or

    • (e) a foreign government or an agent or mandatary of one. (entité étrangère)

  • Marginal note:Definition of advertising

    (2) For the purposes of the definition advertising, promoting or opposing includes

    • (a) in relation to a registered party or eligible party,

      • (i) naming it,

      • (ii) identifying it, including by its logo, and

      • (iii) providing a link to an Internet page that does anything referred to in subparagraphs (i) and (ii); and

    • (b) in relation to the election of a potential candidate, nomination contestant, candidate or leader of a registered party or eligible party,

      • (i) naming him or her,

      • (ii) showing a photograph, cartoon or drawing of him or her,

      • (iii) identifying him or her, including by political affiliation or by any logo that he or she has, and

      • (iv) providing a link to an Internet page that does anything referred to in subparagraphs (i) to (iii).

  • 2018, c. 31, s. 223

Marginal note:Prohibition — use of foreign funds

 No third party shall use funds for a partisan activity, for advertising, for election advertising or for an election survey if the source of the funds is a foreign entity.

  • 2018, c. 31, s. 223

Marginal note:Prohibition — circumventing prohibition on use of foreign funds

 No third party shall

  • (a) circumvent, or attempt to circumvent, the prohibition under section 349.02; or

  • (b) act in collusion with another person or entity for that purpose.

  • 2018, c. 31, s. 223

DIVISION 1Partisan Activities, Partisan Advertising and Election Surveys During Pre-election Period

Marginal note:Maximum pre-election period expenses

  •  (1) Subject to section 349.4, a third party shall not incur the following expenses in an aggregate amount of more than $700,000:

    • (a) partisan activity expenses in relation to partisan activities that are carried out during a pre-election period;

    • (b) partisan advertising expenses in relation to partisan advertising messages that are transmitted during that period; and

    • (c) election survey expenses in relation to election surveys that are conducted during that period.

  • Marginal note:Maximum pre-election period expenses — electoral district

    (2) Not more than $7,000 of the maximum amount referred to in subsection (1) shall be incurred to promote or oppose the election of one or more potential candidates or nomination contestants in a given electoral district.

  • Marginal note:Expenses — party leader

    (3) The maximum amount set out in subsection (2) only applies to an amount incurred with respect to a leader of a registered party or eligible party to the extent that it is incurred to promote or oppose his or her election in an electoral district.

  • Marginal note:Third party inflation adjustment factor

    (4) The amounts referred to in subsections (1) and (2) shall be multiplied by the inflation adjustment factor referred to in section 384 that is in effect on the first day of the pre-election period.

  • 2018, c. 31, s. 223

Marginal note:Prohibition — circumventing maximum amount

 A third party shall not circumvent, or attempt to circumvent, a maximum amount set out in section 349.1 in any manner, including by splitting itself into two or more third parties for the purpose of circumventing the maximum amount or acting in collusion with another third party so that their combined partisan activity expenses, partisan advertising expenses and election survey expenses exceed the maximum amount.

  • 2018, c. 31, s. 223

Marginal note:Prohibition — collusion with registered party

  •  (1) No third party and no registered party shall act in collusion with each other — including by sharing information — in order to influence the third party in its partisan activities that it carries out during a pre-election period, its partisan advertising or its election surveys that it conducts or causes to be conducted during a pre-election period.

  • Marginal note:Prohibition — collusion with potential candidate

    (2) No third party and no potential candidate shall act in collusion with each other — including by sharing information — in order to influence the third party in its partisan activities that it carries out during a pre-election period, its partisan advertising or its election surveys that it conducts or causes to be conducted during a pre-election period.

  • Marginal note:Prohibition — collusion with associated person

    (3) No third party and no person associated with a potential candidate’s activities undertaken with a view to the potential candidate’s eventual election — including an official agent of a potential candidate who is deemed to be a candidate under section 477 — shall act in collusion with each other — including by sharing information — in order to influence the third party in its partisan activities that it carries out during a pre-election period, its partisan advertising or its election surveys that it conducts or causes to be conducted during a pre-election period.

  • 2018, c. 31, s. 223

Marginal note:Prohibition — spending by foreign third parties

  •  (1) A foreign third party shall not incur the following expenses:

    • (a) partisan activity expenses in relation to a partisan activity that is carried out during a pre-election period;

    • (b) partisan advertising expenses in relation to a partisan advertising message that is transmitted during that period; and

    • (c) election survey expenses in relation to an election survey that is conducted during that period.

  • Marginal note:Definition of foreign third party

    (2) In subsection (1), a foreign third party is a third party in respect of which

    • (a) if the third party is an individual, the individual

    • (b) if the third party is a corporation or entity,

      • (i) it does not carry on business in Canada, or its only activity carried on in Canada during a pre-election period consists of doing anything to influence electors during that period to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the following election, and

      • (ii) it was incorporated, formed or otherwise organized outside Canada; and

    • (c) if the third party is a group, no person who is responsible for the group

  • 2018, c. 31, s. 223

Marginal note:Advertising to name third party

 A third party shall include — in a manner that is clearly visible or otherwise accessible — in any partisan advertising message placed by it its name, its telephone number, either its civic or its Internet address and an indication in or on the message that it has authorized its transmission.

  • 2018, c. 31, s. 223

Marginal note:Registration requirement for third parties

  •  (1) A third party shall register immediately after having incurred the following expenses in an aggregate amount of $500:

    • (a) partisan activity expenses in relation to partisan activities that are carried out during a pre-election period;

    • (b) partisan advertising expenses in relation to partisan advertising messages that are transmitted during that period; and

    • (c) election survey expenses in relation to election surveys that are conducted during that period.

    However, the third party may not register before the beginning of the pre-election period.

  • Marginal note:Application for registration

    (2) An application for registration shall be sent to the Chief Electoral Officer in the prescribed form and shall include

    • (a) if the third party is an individual, the individual’s name, address and telephone number, their signature and their declaration that

    • (b) if the third party is a corporation, the name, address and telephone number of the corporation and of an officer who has signing authority for it, the officer’s signature and their declaration that the corporation carries on business in Canada;

    • (c) if the third party is a group, the name, address and telephone number of the group and of a person who is responsible for the group, the person’s signature and their declaration that

    • (d) the address and telephone number of the third party’s office where its books and records are kept and of the office in Canada to which communications may be addressed and at which documents may be served; and

    • (e) the name, address and telephone number of the third party’s financial agent.

  • Marginal note:Declaration of financial agent to accompany application

    (3) An application under subsection (2) shall be accompanied by a declaration signed by the financial agent accepting the appointment.

  • Marginal note:New financial agent

    (4) If a third party’s financial agent is replaced, it shall, without delay, provide the Chief Electoral Officer with the new financial agent’s name, address and telephone number and a declaration signed by the new financial agent accepting the appointment.

  • Marginal note:Trade union or corporation

    (5) If the third party is a trade union, corporation or other entity with a governing body, the application shall include a copy of a resolution passed by its governing body authorizing it to incur partisan activity expenses, partisan advertising expenses and election survey expenses.

  • Marginal note:Examination of application

    (6) The Chief Electoral Officer shall, without delay after receiving an application, determine whether the requirements set out in subsections (1) to (3) and (5) are met and shall then notify the person who signed the application whether the third party is registered. In the case of a refusal to register, the Chief Electoral Officer shall give reasons for the refusal.

  • Marginal note:Application rejected

    (7) A third party may not be registered under a name that, in the Chief Electoral Officer’s opinion, is likely to be confused with the name of a registered party or eligible party, a potential candidate, a nomination contestant, a candidate, a leadership contestant, a leader of a registered party or eligible party or a registered third party.

  • Marginal note:Registration ends

    (8) Subject to subsection 353(1.1), the registration of a third party is valid only for the pre-election period during which the application is made, but the third party continues to be subject to this Part.

  • 2018, c. 31, s. 223

Marginal note:Appointment of financial agent

  •  (1) A third party that is required to register under subsection 349.6(1) shall appoint a financial agent, who may be a person who is authorized to sign an application for registration made under that subsection.

  • Marginal note:Financial agent — ineligible persons

    (2) The following persons are not eligible to be a financial agent of a third party:

    • (a) an election officer or a member of the staff of a returning officer;

    • (b) a potential candidate or — if the potential candidate is deemed to be a candidate under section 477 — their official agent;

    • (c) the chief agent of a registered party or eligible party;

    • (d) a registered agent of a registered party;

    • (e) a nomination contestant or their financial agent;

    • (f) a leadership contestant or their leadership campaign agent; and

    • (g) a person who is not a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act.

  • 2018, c. 31, s. 223

Marginal note:Requirement to appoint auditor

  •  (1) A third party that is required to register under subsection 349.6(1) shall appoint an auditor without delay if it incurs the following expenses in an aggregate amount of $10,000 or more:

    • (a) partisan activity expenses in relation to partisan activities that are carried out during a pre-election period;

    • (b) partisan advertising expenses in relation to partisan advertising messages that are transmitted during that period; and

    • (c) election survey expenses in relation to election surveys that are conducted during that period.

  • Marginal note:Eligibility criteria

    (2) The following are eligible to be an auditor for a third party:

    • (a) a person who is a member in good standing of a corporation, an association or an institute of professional accountants; or

    • (b) a partnership every partner of which is a member in good standing of a corporation, an association or an institute of professional accountants.

  • Marginal note:Auditor — ineligible persons

    (3) The following persons are not eligible to be an auditor for a third party:

    • (a) the third party’s financial agent;

    • (b) a person who signed the application made under subsection 349.6(2);

    • (c) an election officer or a member of the staff of a returning officer;

    • (d) a potential candidate or — if the potential candidate is deemed to be a candidate under section 477 — their official agent;

    • (e) the chief agent of a registered party or eligible party;

    • (f) a registered agent of a registered party;

    • (g) a nomination contestant or their financial agent; and

    • (h) a leadership contestant or their leadership campaign agent.

  • Marginal note:Notification of appointment

    (4) Every third party, without delay after an auditor is appointed, shall provide the Chief Electoral Officer with the auditor’s name, address, telephone number and occupation and a declaration signed by the auditor accepting the appointment.

  • Marginal note:New auditor

    (5) If a third party’s auditor is replaced, it shall, without delay, provide the Chief Electoral Officer with the new auditor’s name, address, telephone number and occupation and a declaration signed by the new auditor accepting the appointment.

  • 2018, c. 31, s. 223

Marginal note:Responsibilities of financial agent

  •  (1) Every contribution made during a pre-election period to a registered third party for partisan activity, partisan advertising or election survey purposes shall be accepted by its financial agent, and every partisan activity expense, partisan advertising expense or election survey expense incurred during a pre-election period on behalf of a registered third party shall be authorized by its financial agent.

  • Marginal note:Delegation

    (2) A financial agent may authorize a person to accept contributions or to authorize the incurring of partisan activity expenses, partisan advertising expenses or election survey expenses, but that authorization does not limit the financial agent’s responsibility.

  • 2018, c. 31, s. 223

Marginal note:Interim third-party expenses return

  •  (1) Every third party that is required to be registered in accordance with subsection 349.6(1) shall file an interim third-party expenses return in the prescribed form with the Chief Electoral Officer within 5 days after the day on which it became required to be registered in accordance with that subsection, if the third party

    • (a) has incurred expenses referred to in subsection 349.1(1) in an aggregate amount of $10,000 or more during the period beginning on the day after polling day at the general election previous to the pre-election period and ending on the day on which it became required to be registered in accordance with subsection 349.6(1); or

    • (b) has received contributions in an aggregate amount of $10,000 or more for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (a).

  • Marginal note:Contents of return

    (2) The interim third-party expenses return shall contain

    • (a) a list of partisan activity expenses referred to in subsection 349.1(2) incurred during the period referred to in paragraph (1)(a) and the date and place of the partisan activities to which the expenses relate;

    • (b) a list of partisan advertising expenses referred to in subsection 349.1(2) incurred during that period and the date and place of the transmission of the partisan advertising messages to which the expenses relate;

    • (c) a list of election survey expenses referred to in subsection 349.1(2) incurred during that period and the date of the election surveys to which the expenses relate; and

    • (d) a list of all partisan activity expenses, partisan advertising expenses and election survey expenses referred to in subsection 349.1(1) incurred during that period — other than those referred to in paragraphs (a) to (c) — and the date and place of the partisan activities to which the partisan activity expenses relate, the date and place of the transmission of the partisan advertising messages to which the partisan advertising expenses relate and the date of the election surveys to which the election survey expenses relate.

  • Marginal note:When no expenses

    (3) If a third party has not incurred expenses referred to in subsection (2), that fact shall be indicated in its interim third-party expenses return.

  • Marginal note:Contributions

    (4) The interim third-party expenses return shall include

    • (a) the amount, by class of contributor, of contributions for partisan activity, partisan advertising, election advertising or election survey purposes that were received during the period referred to in paragraph (1)(a);

    • (b) subject to paragraph (c), for each contributor who made contributions of a total amount of more than $200 for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (1)(a), their name, address and class, and the amount and date of each contribution;

    • (c) in the case of a numbered company that is a contributor referred to in paragraph (b), the name of the chief executive officer or president of that company; and

    • (d) the amount, other than an amount of a contribution referred to in paragraph (a), that was paid out of the third party’s own funds during the period referred to in paragraph (1)(a) for partisan activity expenses, partisan advertising expenses, election advertising expenses or election survey expenses.

  • Marginal note:Exceptions

    (5) The interim third-party expenses return need not include any information referred to in subsections (2) and (4) that was included in a third-party expenses return that the third party previously filed under subsection 359(1) in respect of

    • (a) a by-election that was held after the general election referred to in paragraph (1)(a); or

    • (b) a general election for which the third party incurred expenses or received contributions between the day fixed under paragraph 57(1.2)(c) for polling day at the general election and polling day in an electoral district in which the election was postponed under subsection 59(4) or 77(1).

  • Marginal note:Loans

    (6) For the purpose of subsection (4), a contribution includes a loan.

  • Marginal note:Categories

    (7) For the purposes of paragraphs (4)(a) and (b), the following are the classes of contributor:

    • (a) individuals;

    • (b) businesses;

    • (c) commercial organizations;

    • (d) governments;

    • (e) trade unions;

    • (f) corporations without share capital other than trade unions; and

    • (g) unincorporated organizations or associations other than trade unions.

  • Marginal note:Names to be provided

    (8) If the third party is unable to identify which contributions were received during the period referred to in paragraph (1)(a) for partisan activity, partisan advertising, election advertising or election survey purposes, the interim third-party expenses return shall include, subject to paragraph (4)(c), the names and addresses of every contributor who contributed a total of more than $200 to it during that period.

  • Marginal note:Declaration

    (9) The interim third-party expenses return shall include a declaration that the return is accurate signed by

    • (a) the third party’s financial agent; and

    • (b) if different from the financial agent, the person who signed the application made under subsection 349.6(2).

  • Marginal note:Supporting documents

    (10) A third party shall, at the request of the Chief Electoral Officer, provide documents evidencing expenses set out in the return that are in an amount of more than $50, including bank statements, deposit slips and cancelled cheques.

  • 2018, c. 31, s. 223

Marginal note:Interim third-party expenses return

  •  (1) Every third party that is required to be registered in accordance with subsection 349.6(1) shall file an interim third-party expenses return in the prescribed form with the Chief Electoral Officer on September 15, if the third party

    • (a) has incurred expenses referred to in subsection 349.1(1) in an aggregate amount of $10,000 or more during the period beginning on the day after polling day at the general election previous to the pre-election period and ending on the earlier of September 14 and the last day of the pre-election period; or

    • (b) has received contributions in an aggregate amount of $10,000 or more for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (a).

  • Marginal note:Section 349.91 applies

    (2) Subsections 349.91(2) to (10) apply to the return under subsection (1), except that a reference to the period referred to in paragraph (1)(a) of section 349.91 shall be read as a reference to the period referred to in paragraph (1)(a) of this section.

  • Marginal note:Exception

    (3) In addition to the exceptions set out in subsection 349.91(5), the interim third-party expenses return need not include any information referred to in subsections 349.91(2) and (4) that was included in an interim third-party expenses return that the third party previously filed under subsection 349.91(1).

  • Marginal note:Application

    (4) This section applies only in the case of a general election that is held on a day set in accordance with subsection 56.1(2) or section 56.2.

  • 2018, c. 31, s. 223

Marginal note:Prohibition — false, misleading or incomplete return

 No third party shall file under subsection 349.91(1) or 349.92(1) an interim third-party expenses return that

  • (a) the third party knows or ought reasonably to know contains a material statement that is false or misleading; or

  • (b) does not substantially set out the information required under section 349.91 or 349.92, as the case may be.

  • 2018, c. 31, s. 223

Marginal note:Prohibition — use of certain contributions

 No third party shall use a contribution made for partisan activity, partisan advertising or election survey purposes for the purpose of any of the following if the third party does not know the name and address of the contributor or is otherwise unable to determine within which class of contributor referred to in subsection 349.91(7) the contributor falls:

  • (a) a partisan activity that is carried out during a pre-election period;

  • (b) a partisan advertising message that is transmitted during that period; and

  • (c) an election survey that is conducted during that period and whose results the third party takes into account in its decisions concerning whether or not to organize and carry out partisan activities during that period or to transmit partisan advertising messages during that period.

  • 2018, c. 31, s. 223

DIVISION 2Partisan Activities, Election Advertising and Election Surveys During Election Period

Marginal note:Maximum election period expenses

  •  (1) Subject to section 351.1, a third party shall not incur the following expenses in an aggregate amount of more than $350,000:

    • (a) partisan activity expenses in relation to partisan activities that are carried out during the election period of a general election;

    • (b) election advertising expenses in relation to election advertising messages that are transmitted during that period; and

    • (c) election survey expenses in relation to election surveys that are conducted during that period.

  • Marginal note:Maximum election period expenses — electoral district

    (2) Not more than $3,000 of the maximum amount referred to in subsection (1) shall be incurred to promote or oppose the election of one or more candidates in a given electoral district.

  • Marginal note:Expenses — party leader

    (3) The maximum amount set out in subsection (2) only applies to an amount incurred with respect to a leader of a registered party or eligible party to the extent that it is incurred to promote or oppose his or her election in an electoral district.

  • Marginal note:Maximum election period expenses — by-election

    (4) Subject to section 351.1, a third party shall not incur the following expenses in an aggregate amount of more than $3,000 in a given electoral district:

    • (a) partisan activity expenses in relation to partisan activities that are carried out during the election period of a by-election;

    • (b) election advertising expenses in relation to election advertising messages that are transmitted during that period; and

    • (c) election survey expenses in relation to election surveys that are conducted during that period.

  • Marginal note:Uncancellable spending

    (4.1) 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, or of a by-election, a third party is deemed not to have incurred a partisan activity expense, an election advertising expense or an election survey expense if, on the issue of the writ or writs, it is not able to cancel the activity, the transmission of the advertising message or the survey, as the case may be, that the expense is in relation to.

  • Marginal note:Third party inflation adjustment factor

    (5) The amounts referred to in subsections (1), (2) and (4) shall be multiplied by the inflation adjustment factor referred to in section 384 that is in effect on the issue of the writ or writs.

  • (6) [Repealed, 2018, c. 31, s. 224]

  • 2000, c. 9, s. 350
  • 2014, c. 12, s. 78
  • 2018, c. 31, s. 224

Marginal note:Prohibition — circumventing maximum amount

 A third party shall not circumvent, or attempt to circumvent, a maximum amount set out in section 350 in any manner, including by splitting itself into two or more third parties for the purpose of circumventing the maximum amount or acting in collusion with another third party so that their combined partisan activity expenses, election advertising expenses and election survey expenses exceed the maximum amount.

  • 2000, c. 9, s. 351
  • 2018, c. 31, s. 225

Marginal note:Prohibition — collusion with registered party

  •  (1) No third party and no registered party shall act in collusion with each other — including by sharing information — in order to influence the third party in its partisan activities that it carries out during an election period, its election advertising or its election surveys that it conducts or causes to be conducted during an election period.

  • Marginal note:Prohibition — collusion with candidate

    (2) No third party and no candidate shall act in collusion with each other — including by sharing information — in order to influence the third party in its partisan activities that it carries out during an election period, its election advertising or its election surveys that it conducts or causes to be conducted during an election period.

  • Marginal note:Prohibition — collusion with associated person

    (3) No third party and no person associated with a candidate’s campaign — including a candidate’s official agent — shall act in collusion with each other — including by sharing information — in order to influence the third party in its partisan activities that it carries out during an election period, its election advertising or its election surveys that it conducts or causes to be conducted during an election period.

  • 2018, c. 31, s. 225

Marginal note:Prohibition — spending by foreign third parties

  •  (1) A foreign third party shall not incur the following expenses:

    • (a) partisan activity expenses in relation to a partisan activity that is carried out during an election period;

    • (b) election advertising expenses in relation to an election advertising message that is transmitted during that period; and

    • (c) election survey expenses in relation to an election survey that is conducted during that period.

  • Marginal note:Definition of foreign third party

    (2) In subsection (1), a foreign third party is a third party in respect of which

    • (a) if the third party is an individual, the individual

    • (b) if the third party is a corporation or entity,

      • (i) it does not carry on business in Canada, or its primary purpose in Canada during an election period is to influence electors during that period to vote or refrain from voting, or to vote or refrain from voting for a particular candidate or registered party, at the election, and

      • (ii) it was incorporated, formed or otherwise organized outside Canada; and

    • (c) if the third party is a group, no person who is responsible for the group

  • 2014, c. 12, s. 78.1
  • 2018, c. 31, s. 225

 [Repealed, 2018, c. 31, s. 225]

Marginal note:Advertising to name third party

 A third party shall include — in a manner that is clearly visible or otherwise accessible — in any election advertising message placed by it its name, its telephone number, either its civic or its Internet address and an indication in or on the message that it has authorized its transmission.

  • 2000, c. 9, s. 352
  • 2018, c. 31, s. 225

Marginal note:Registration requirement for third parties

  •  (1) A third party shall register immediately after having incurred the following expenses in an aggregate amount of $500:

    • (a) partisan activity expenses in relation to partisan activities that are carried out during an election period;

    • (b) election advertising expenses in relation to election advertising messages that are transmitted during that period; and

    • (c) election survey expenses in relation to election surveys that are conducted during that period.

    However, the third party may not register before the issue of the writ.

  • Marginal note:Exception — deemed registration

    (1.1) A third party that registered under subsection 349.6(1) during a pre-election period that ends the day before the day of the issue of the writ and that is also required to register under subsection (1) is deemed to be registered under that subsection (1).

  • Marginal note:Application for registration

    (2) An application for registration shall be sent to the Chief Electoral Officer in the prescribed form and shall include

    • (a) if the third party is an individual, the individual’s name, address and telephone number, their signature and their declaration that

    • (b) if the third party is a corporation, the name, address and telephone number of the corporation and of an officer who has signing authority for it, the officer’s signature and their declaration that the corporation carries on business in Canada;

    • (b.1) if the third party is a group, the name, address and telephone number of the group and of a person who is responsible for the group, the person’s signature and their declaration that

    • (c) the address and telephone number of the third party’s office where its books and records are kept and of the office in Canada to which communications may be addressed and at which documents may be served; and

    • (d) the name, address and telephone number of the third party’s financial agent.

  • Marginal note:Declaration of financial agent to accompany application

    (3) An application under subsection (2) must be accompanied by a declaration signed by the financial agent accepting the appointment.

  • Marginal note:New financial agent

    (4) If a third party’s financial agent is replaced, it shall, without delay, provide the Chief Electoral Officer with the new financial agent’s name, address and telephone number and a declaration signed by the new financial agent accepting the appointment.

  • Marginal note:Trade union or corporation

    (5) If the third party is a trade union, corporation or other entity with a governing body, the application shall include a copy of a resolution passed by its governing body authorizing it to incur partisan activity expenses, election advertising expenses and election survey expenses.

  • Marginal note:Examination of application

    (6) The Chief Electoral Officer shall, without delay after receiving an application, determine whether the requirements set out in subsections (1) to (3) and (5) are met and shall then notify the person who signed the application whether the third party is registered. In the case of a refusal to register, the Chief Electoral Officer shall give reasons for the refusal.

  • Marginal note:Application rejected

    (7) A third party may not be registered under a name that, in the opinion of the Chief Electoral Officer, is likely to be confused with the name of a candidate, registered party, registered third party or eligible party.

  • Marginal note:Registration ends

    (8) The registration of a third party is valid only for the election period during which the application is made, but the third party continues to be subject to the requirement to file a third-party expenses return under subsection 359(1).

  • 2000, c. 9, s. 353
  • 2014, c. 12, s. 79
  • 2018, c. 31, s. 226

Marginal note:Appointment of financial agent

  •  (1) A third party that is required to register under subsection 353(1) shall appoint a financial agent who may be a person who is authorized to sign an application for registration made under that subsection.

  • Marginal note:Exception — deemed appointment

    (1.1) If, at the end of the pre-election period before a general election referred to in paragraph 353(1)(a), a third party has a financial agent who was appointed under subsection 349.7(1), the financial agent is deemed to have been appointed under subsection (1).

  • Marginal note:Financial agent — ineligible persons

    (2) The following persons are not eligible to be a financial agent of a third party:

    • (a) a candidate or an official agent of a candidate;

    • (b) a person who is the chief agent, or a registered agent, of a registered party;

    • (c) an election officer or a member of the staff of a returning officer; and

    • (d) a person who is not a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.

  • 2000, c. 9, s. 354
  • 2001, c. 27, s. 212
  • 2018, c. 31, s. 227

Marginal note:Requirement to appoint auditor

  •  (1) A third party that is required to register under subsection 353(1) shall appoint an auditor without delay if it incurs the following expenses in an aggregate amount of $10,000 or more:

    • (a) partisan activity expenses in respect of partisan activities that take place during an election period;

    • (b) election advertising expenses in respect of election advertising messages that are transmitted during that period; and

    • (c) election survey expenses in relation to that period.

  • Marginal note:Exception — deemed appointment

    (1.1) If, when the obligation under subsection (1) to appoint an auditor applies, a third party has an auditor who was appointed under subsection 349.8(1), the auditor is deemed to have been appointed under subsection (1).

  • Marginal note:Eligibility criteria

    (2) The following are eligible to be an auditor for a third party:

    • (a) a person who is a member in good standing of a corporation, an association or an institute of professional accountants; or

    • (b) a partnership every partner of which is a member in good standing of a corporation, an association or an institute of professional accountants.

  • Marginal note:Ineligibility criteria

    (3) The following persons are not eligible to be an auditor for a third party:

    • (a) the third party’s financial agent;

    • (b) a person who signed the application made under subsection 353(2);

    • (c) an election officer or a member of the staff of a returning officer;

    • (d) a candidate;

    • (e) the official agent of a candidate;

    • (f) the chief agent of a registered party or an eligible party; and

    • (g) a registered agent of a registered party.

  • Marginal note:Notification of appointment

    (4) Every third party, without delay after an auditor is appointed, must provide the Chief Electoral Officer with the auditor’s name, address, telephone number and occupation and a signed declaration accepting the appointment.

  • Marginal note:New auditor

    (5) If a third party’s auditor is replaced, it must, without delay, provide the Chief Electoral Officer with the new auditor’s name, address, telephone number and occupation and a signed declaration accepting the appointment.

  • 2000, c. 9, s. 355
  • 2018, c. 31, s. 228

 [Repealed, 2018, c. 31, s. 229]

Marginal note:Responsibilities of financial agent

  •  (1) Every contribution made during an election period to a registered third party for partisan activity, election advertising or election survey purposes shall be accepted by its financial agent, and every partisan activity expense, election advertising expense and election survey expense incurred during an election period on behalf of a registered third party shall be authorized by its financial agent.

  • Marginal note:Delegation

    (2) A financial agent may authorize a person to accept contributions or to authorize the incurring of partisan activity expenses, election advertising expenses or election survey expenses, but that authorization does not limit the financial agent’s responsibility.

  • (3) [Repealed, 2018, c. 31, s. 230]

  • 2000, c. 9, s. 357
  • 2018, c. 31, s. 230

Marginal note:Interim third party expenses return

  •  (1) Every third party that is required to be registered in accordance with subsection 353(1) shall file an interim third-party expenses return in the prescribed form with the Chief Electoral Officer on the 21st day before polling day, if the third party

    • (a) was required to file an interim third-party expenses return with the Chief Electoral Officer under subsection 349.92(1);

    • (b) has incurred expenses referred to in subsection 349.1(1) or 350(1) in an aggregate amount of $10,000 or more during the period beginning on the day after polling day at the previous general election and ending on the 23rd day before polling day; or

    • (c) has received contributions in an aggregate amount of $10,000 or more for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (b).

  • Marginal note:Contents of return

    (2) The interim third-party expenses return shall contain

    • (a) in the case of a general election that is held on a day set in accordance with subsection 56.1(2) or section 56.2,

      • (i) a list of partisan activity expenses referred to in subsection 349.1(2) and the date and place of the partisan activities to which the expenses relate,

      • (ii) a list of partisan advertising expenses referred to in subsection 349.1(2) and the date and place of the transmission of the partisan advertising messages to which the expenses relate,

      • (iii) a list of election survey expenses referred to in subsection 349.1(2) and the date of the election surveys to which the expenses relate, and

      • (iv) a list of all partisan activity expenses, partisan advertising expenses and election survey expenses referred to in subsection 349.1(1) — other than those referred to in subparagraphs (i) to (iii) — and the date and place of the partisan activities to which the partisan activity expenses relate, the date and place of the transmission of the partisan advertising messages to which the partisan advertising expenses relate and the date of the election surveys to which the election survey expenses relate; and

    • (b) in the case of any general election,

      • (i) a list of partisan activity expenses referred to in subsection 350(2) and the date and place of the partisan activities to which the expenses relate,

      • (ii) a list of election advertising expenses referred to in subsection 350(2) and the date and place of the transmission of the election advertising messages to which the expenses relate,

      • (iii) a list of election survey expenses referred to in subsection 350(2) and the date of the election surveys to which the expenses relate, and

      • (iv) a list of all partisan activity expenses, election advertising expenses and election survey expenses referred to in subsection 350(1) other than those referred to in subparagraphs (i) to (iii) and the date and place of the partisan activities to which the partisan activity expenses relate, the date and place of the transmission of the election advertising messages to which the election advertising expenses relate and the date of the election surveys to which the election survey expenses relate.

  • Marginal note:When no expenses

    (3) If a third party has not incurred expenses referred to in subsection (2), that fact shall be indicated in its interim third-party expenses return.

  • Marginal note:Contributions

    (4) The interim third-party expenses return shall include

    • (a) the amount, by class of contributor, of contributions for partisan activity, partisan advertising, election advertising or election survey purposes that were received during the period referred to in paragraph (1)(b);

    • (b) subject to paragraph (c), for each contributor who made contributions of a total amount of more than $200 for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (1)(b), their name, address and class, and the amount and date of each contribution;

    • (c) in the case of a numbered company that is a contributor referred to in paragraph (b), the name of the chief executive officer or president of that company; and

    • (d) the amount, other than an amount of a contribution referred to in paragraph (a), that was paid out of the third party’s own funds during the period referred to in paragraph (1)(b) for partisan activity expenses, partisan advertising expenses, election advertising expenses or election survey expenses.

  • Marginal note:Exceptions

    (5) The interim third-party expenses return need not include any information referred to in subsections (2) and (4) that was included in a third-party expenses return that the third party previously filed

    • (a) under subsection 359(1) in respect of

      • (i) a by-election that was held after the general election referred to in paragraph (1)(b), or

      • (ii) a general election for which the third party incurred expenses or received contributions between the day fixed under paragraph 57(1.2)(c) for polling day at the general election and polling day in an electoral district in which the election was postponed under subsection 59(4) or 77(1); or

    • (b) under subsection 349.91(1) or 349.92(1).

  • Marginal note:Loans

    (6) For the purpose of subsection (4), a contribution includes a loan.

  • Marginal note:Categories

    (7) For the purposes of paragraphs (4)(a) and (b), the following are the classes of contributor:

    • (a) individuals;

    • (b) businesses;

    • (c) commercial organizations;

    • (d) governments;

    • (e) trade unions;

    • (f) corporations without share capital other than trade unions; and

    • (g) unincorporated organizations or associations other than trade unions.

  • Marginal note:Names to be provided

    (8) If the third party is unable to identify which contributions were received during the period referred to in paragraph (1)(b) for partisan activity, partisan advertising, election advertising or election survey purposes, the interim third-party expenses return shall include, subject to paragraph (4)(c), the names and addresses of every contributor who contributed a total of more than $200 to it during that period.

  • Marginal note:Declaration

    (9) The interim third-party expenses return shall include a declaration that the return is accurate signed by

    • (a) the third party’s financial agent; and

    • (b) if different from the financial agent, the person who signed the application made under subsection 349.6(2) or 353(2), as the case may be.

  • Marginal note:Supporting documents

    (10) A third party shall, at the request of the Chief Electoral Officer, provide documents evidencing expenses set out in the return that are in an amount of more than $50, including bank statements, deposit slips and cancelled cheques.

  • 2018, c. 31, s. 231

Marginal note:Interim third-party expenses return

  •  (1) Every third party that is required to be registered in accordance with subsection 353(1) shall file an interim third-party expenses return in the prescribed form with the Chief Electoral Officer on the 7th day before polling day, if the third party

    • (a) was required to file an interim third-party expenses return with the Chief Electoral Officer under subsection 349.92(1);

    • (b) has incurred expenses referred to in subsection 349.1(1) or 350(1) in an aggregate amount of $10,000 or more during the period beginning on the day after polling day at the previous general election and ending on the 9th day before polling day; or

    • (c) has received contributions in an aggregate amount of $10,000 or more for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (b).

  • Marginal note:Section 357.01 applies

    (2) Subsections 357.01(2) to (10) apply to the return under subsection (1), except that a reference to the period referred to in paragraph (1)(b) of section 357.01 shall be read as a reference to the period referred to in paragraph (1)(b) of this section.

  • Marginal note:Exception

    (3) In addition to the exceptions set out in subsection 357.01(5), the interim third-party expenses return need not include any information referred to in subsections 357.01(2) and (4) that was included in an interim third-party expenses return that the third party previously filed under subsection 357.01(1).

  • 2018, c. 31, s. 231

Marginal note:Prohibition — false, misleading or incomplete return

 No third party shall file under subsection 357.01(1) or 357.02(1) an interim third-party expenses return that

  • (a) the third party knows or ought reasonably to know contains a material statement that is false or misleading; or

  • (b) does not substantially set out the information required under section 357.01 or 357.02, as the case may be.

  • 2018, c. 31, s. 231

Marginal note:Prohibition — use of certain contributions

 No third party shall use a contribution for the purpose of any of the following if the third party does not know the name and address of the contributor or is otherwise unable to determine within which class of contributor referred to in subsection 359(6) the contributor falls:

  • (a) a partisan activity that is carried out during an election period;

  • (b) an election advertising message that is transmitted during that period; and

  • (c) an election survey that is conducted during that period and whose results the third party takes into account in its decisions concerning whether or not to organize and carry out partisan activities during that period or to transmit election advertising messages during that period.

  • 2018, c. 31, s. 231

 [Repealed, 2018, c. 31, s. 232]

DIVISION 3Third Parties’ Bank Accounts, Registry of Third Parties and Third-Party Expenses Returns

Marginal note:Bank account

  •  (1) A third party that is required to register under subsection 349.6(1) — or under subsection 353(1), if it was not required to register under subsection 349.6(1) — shall open a separate bank account for the sole purpose of its partisan activities that are carried out or to be carried out during a pre-election period or an election period, partisan advertising, election advertising and election surveys.

  • Marginal note:Financial institution

    (2) The account shall be in a Canadian financial institution as defined in section 2 of the Bank Act, or in an authorized foreign bank as defined in that section that is not subject to the restrictions and requirements referred to in subsection 524(2) of that Act.

  • Marginal note:Payments and receipts

    (3) All of the third party’s financial transactions in relation to its partisan activities referred to in subsection (1), partisan advertising, election advertising and election surveys that involve the payment or receipt of money are to be paid from or deposited to the account.

  • Marginal note:Closure of bank account

    (4) After polling day, the third party shall close the account once all unpaid claims and any outstanding balance have been dealt with.

  • Marginal note:Final statement of bank account

    (5) The third party shall, on closing the account, provide the Chief Electoral Officer with the final statement of the account.

  • 2018, c. 31, s. 233

Marginal note:Registry of third parties

 The Chief Electoral Officer shall maintain, for the period that he or she considers appropriate, a registry of registered third parties in which is recorded, in relation to each one, the information referred to in subsections 349.6(2), 349.8(4) and (5), 353(2) and 355(4) and (5).

  • 2018, c. 31, s. 233

Marginal note:Third-party expenses return

  •  (1) Every third party that is required to be registered in accordance with subsection 349.6(1) or 353(1) shall file a third-party expenses return in the prescribed form with the Chief Electoral Officer within four months after polling day.

  • Marginal note:Contents of return

    (2) The third-party expenses return shall contain

    • (a) in the case of a general election that is held on a day set in accordance with subsection 56.1(2) or section 56.2,

      • (i) a list of partisan activity expenses referred to in subsection 349.1(2) and the date and place of the partisan activities to which the expenses relate,

      • (ii) a list of partisan advertising expenses referred to in subsection 349.1(2) and the date and place of the transmission of the partisan advertising messages to which the expenses relate,

      • (iii) a list of election survey expenses referred to in subsection 349.1(2) and the date of the election surveys to which the expenses relate, and

      • (iv) a list of all partisan activity expenses, partisan advertising expenses and election survey expenses referred to in subsection 349.1(1) — other than those referred to in subparagraphs (i) to (iii) — and the date and place of the partisan activities to which the partisan activity expenses relate, the date and place of the transmission of the partisan advertising messages to which the partisan advertising expenses relate and the date of the election surveys to which the election survey expenses relate;

    • (b) in the case of any general election,

      • (i) a list of partisan activity expenses referred to in subsection 350(2) and the date and place of the partisan activities to which the expenses relate,

      • (ii) a list of election advertising expenses referred to in subsection 350(2) and the date and place of the transmission of the election advertising messages to which the expenses relate,

      • (iii) a list of election survey expenses referred to in subsection 350(2) and the date of the election surveys to which the expenses relate, and

      • (iv) a list of all partisan activity expenses, election advertising expenses and election survey expenses referred to in subsection 350(1) other than those referred to in subparagraphs (i) to (iii) and the date and place of the partisan activities to which the partisan activity expenses relate, the date and place of the transmission of the election advertising messages to which the election advertising expenses relate and the date of the election surveys to which the election survey expenses relate; and

    • (c) in the case of a by-election, a list of partisan activity expenses, election advertising expenses and election survey expenses referred to in subsection 350(4) and the date and place of the partisan activities to which the partisan activity expenses relate, the date and place of the transmission of the election advertising messages to which the election advertising expenses relate and the date of the election surveys to which the election survey expenses relate.

  • Marginal note:When no expenses

    (3) If a third party has not incurred expenses referred to in paragraph (2)(a), (b) or (c), that fact shall be indicated in its third-party expenses return.

  • Marginal note:Contributions

    (4) The third-party expenses return shall include

    • (a) the amount, by class of contributor, of contributions for partisan activity, partisan advertising, election advertising or election survey purposes that were received during the period beginning the day after polling day at the general election previous to the polling day referred to in subsection (1) and ending on that polling day referred to in that subsection;

    • (b) subject to paragraph (b.1), for each contributor who made contributions of a total amount of more than $200 for partisan activity, partisan advertising, election advertising or election survey purposes during the period referred to in paragraph (a), their name, address and class, and the amount and date of each contribution;

    • (b.1) in the case of a numbered company that is a contributor referred to in paragraph (b), the name of the chief executive officer or president of that company; and

    • (c) the amount, other than an amount of a contribution referred to in paragraph (a), that was paid out of the third party’s own funds for partisan activity expenses, partisan advertising expenses, election advertising expenses or election survey expenses.

  • Marginal note:Exceptions

    (4.1) The third-party expenses return need not include any information referred to in subsection (4) that was included in a third-party expenses return that the third party previously filed under subsection (1) in respect of

    • (a) a by-election that was held after the general election referred to in paragraph (4)(a); or

    • (b) a general election for which the third party incurred expenses or received contributions between the day fixed under paragraph 57(1.2)(c) for polling day at the general election and polling day in an electoral district in which the election was postponed under subsection 59(4) or 77(1).

  • Marginal note:Loans

    (5) For the purpose of subsection (4), a contribution includes a loan.

  • Marginal note:Categories

    (6) For the purposes of paragraphs (4)(a) and (b), the following are the classes of contributor:

    • (a) individuals;

    • (b) businesses;

    • (c) commercial organizations;

    • (d) governments;

    • (e) trade unions;

    • (f) corporations without share capital other than trade unions; and

    • (g) unincorporated organizations or associations other than trade unions.

  • Marginal note:Names to be provided

    (7) If the third party is unable to identify which contributions were received during the period referred to in paragraph (4)(a) for partisan activity, partisan advertising, election advertising or election survey purposes, the third-party expenses return shall include, subject to paragraph (4)(b.1), the names and addresses of every contributor who contributed a total of more than $200 to it during that period.

  • Marginal note:Declaration

    (8) A third-party expenses return shall include a declaration that the return is accurate signed by

    • (a) the third party’s financial agent; and

    • (b) if different from the financial agent, the person who signed the application made under subsection 353(2) or — if subsection 353(1.1) applies — 349.6(2).

  • Marginal note:Supporting documents

    (9) A third party shall, at the request of the Chief Electoral Officer, provide documents evidencing expenses set out in the return that are in an amount of more than $50, including bank statements, deposit slips and cancelled cheques.

  • 2000, c. 9, s. 359
  • 2001, c. 21, s. 20
  • 2018, c. 31, s. 234

Marginal note:Prohibition — false, misleading or incomplete document

 No third party shall file under subsection 359(1) a third-party expenses return that

  • (a) the third party knows or ought reasonably to know contains a material statement that is false or misleading; or

  • (b) does not substantially set out the information required under section 359.

  • 2018, c. 31, s. 235

Marginal note:Auditor’s report

  •  (1) If a third party incurs partisan activity expenses, partisan advertising expenses, election advertising expenses or election survey expenses in an aggregate amount of $10,000 or more, its third-party expenses return filed under subsection 359(1) shall include a report made under subsection (2).

  • Marginal note:Auditor’s report

    (2) The third party’s auditor shall report on the third-party expenses return and shall make any examination that will enable the auditor to give an opinion in the report as to whether the return presents fairly the information contained in the accounting records on which it is based.

  • Marginal note:Statement

    (3) An auditor shall include in the report any statement that the auditor considers necessary, when

    • (a) the third-party expenses return that is the subject of the report does not present fairly the information contained in the accounting records on which it is based;

    • (b) the auditor has not received from the third party all of the required information and explanation; or

    • (c) based on the auditor’s examination, it appears that proper accounting records have not been kept by the third party.

  • Marginal note:Right of access

    (4) The auditor shall have access at any reasonable time to all of the third party’s documents that, in the auditor’s opinion, are necessary to enable the auditor to prepare the report, and may require the third party to provide any information or explanation that, in the auditor’s opinion, is necessary to enable the auditor to prepare the report.

  • 2000, c. 9, s. 360
  • 2018, c. 31, s. 236

Marginal note:Minor corrections — Chief Electoral Officer

  •  (1) The Chief Electoral Officer may correct a third-party expenses return filed under subsection 359(1) if the correction does not materially affect its substance.

  • Marginal note:Corrections or revisions at request of Chief Electoral Officer

    (2) The Chief Electoral Officer may in writing request a third party to correct or revise, within a specified period, a third-party expenses return filed under subsection 359(1).

  • Marginal note:Deadline for correction or revision

    (3) If the Chief Electoral Officer requests a correction or revision, the third party shall provide him or her with the corrected or revised version of the return within the specified period.

  • 2000, c. 9, s. 361
  • 2018, c. 31, s. 237

Marginal note:Extensions — Chief Electoral Officer

  •  (1) The Chief Electoral Officer, on the written application of a third party, shall authorize the extension of the period referred to in subsection 359(1) unless he or she is satisfied that the third party’s failure to file the third-party expenses return under that subsection was deliberate or was the result of the third party’s failure to exercise due diligence.

  • Marginal note:Deadline

    (2) The application may be made within the period referred to in subsection 359(1) or within two weeks after the end of that period.

  • 2018, c. 31, s. 237

Marginal note:Corrections or revisions — Chief Electoral Officer

  •  (1) The Chief Electoral Officer, on the written application of a third party, shall authorize the correction or revision of a third-party expenses return filed under subsection 359(1) if he or she is satisfied by the evidence submitted by the third party that the correction or revision is necessary in order for the requirements of this Act to be complied with.

  • Marginal note:Application made without delay

    (2) The application shall be made immediately after the third party becomes aware of the need for correction or revision.

  • Marginal note:Deadline for corrections or revisions

    (3) The third party shall provide the Chief Electoral Officer with the corrected or revised version of the return within 30 days after the day on which the correction or revision is authorized or within any extension of that period authorized under subsection (4) or (5).

  • Marginal note:New deadline

    (4) The Chief Electoral Officer, on the written application of the third party made within two weeks after the end of the 30-day period referred to in subsection (3), shall authorize the extension of that period, unless he or she is satisfied that the third party’s failure to provide the corrected or revised version of the return was deliberate or was the result of the third party’s failure to exercise due diligence.

  • Marginal note:Extension of new deadline

    (5) The Chief Electoral Officer, on the written application of the third party made within two weeks after the end of an extension authorized under subsection (4) or under this subsection, shall authorize the further extension of that period, unless he or she is satisfied that the third party’s failure to provide the corrected or revised version of the return was deliberate or was the result of the third party’s failure to exercise due diligence.

  • 2018, c. 31, s. 237

Marginal note:Extensions, corrections or revisions — judge

  •  (1) A third party may apply to a judge for an order

    • (a) relieving the third party from the obligation to comply with a request referred to in subsection 361(2);

    • (b) authorizing an extension referred to in subsection 361.1(1); or

    • (c) authorizing a correction or revision referred to in subsection 361.2(1).

    The third party shall notify the Chief Electoral Officer that the application has been made.

  • Marginal note:Deadline

    (2) The application may be made

    • (a) under paragraph (1)(a), within the specified period referred to in subsection 361(2) or within the two weeks after the end of that period;

    • (b) under paragraph (1)(b), within two weeks after, as the case may be,

      • (i) if an application for an extension is not made to the Chief Electoral Officer within the period referred to in subsection 361.1(2), the end of the two-week period referred to in that subsection,

      • (ii) the rejection of an application for an extension made in accordance with section 361.1, or

      • (iii) the end of the extended period referred to in subsection 361.1(1); or

    • (c) under paragraph (1)(c), within two weeks after the rejection of an application for a correction or revision made in accordance with section 361.2.

  • Marginal note:Grounds — extension

    (3) The judge shall grant an order authorizing an extension unless the judge is satisfied that the third party’s failure to file the required third-party expenses return was deliberate or was the result of the third party’s failure to exercise due diligence.

  • Marginal note:Grounds — corrections or revisions

    (4) The judge shall grant an order authorizing a correction or revision if the judge is satisfied by the evidence submitted by the third party that the correction or revision is necessary in order for the requirements of this Act to be complied with.

  • Marginal note:Contents of order

    (5) The order may require that the third party satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.

  • 2018, c. 31, s. 237

Marginal note:Publication

 The Chief Electoral Officer shall, in the manner he or she considers appropriate,

  • (a) publish the names and addresses of registered third parties, as they are registered;

  • (a.1) publish, as soon as feasible, returns filed under subsection 349.91(1), 349.92(1), 357.01(1) or 357.02(1);

  • (b) publish, within one year after the issue of the writ, returns filed under subsection 359(1); and

  • (c) publish, as soon as feasible, a corrected or revised version of a return filed under subsection 359(1) and published under paragraph (b).

  • 2000, c. 9, s. 362
  • 2018, c. 31, s. 238

PART 18Financial Administration

DIVISION 1General Financial Provisions

Contributions

Marginal note:Prohibition — ineligible contributors

  •  (1) No person or entity other than an individual who is a Canadian citizen or is a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act shall make a contribution to a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant.

  • Marginal note:Return of contributions

    (2) If a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant receives a contribution from an ineligible contributor, the chief agent of the registered party, the financial agent of the registered association, the official agent of the candidate or the financial agent of the nomination contestant or leadership contestant, as the case may be, shall, within 30 days after becoming aware of the ineligibility, return the contribution unused to the contributor or, if that is not possible, pay the amount of it — or, in the case of a non-monetary contribution, an amount of money equal to its commercial value — to the Chief Electoral Officer, who shall forward that amount to the Receiver General.

  • Marginal note:Provincial divisions

    (3) For greater certainty, contributions to and expenses of a provincial division of a registered party are contributions to and expenses of the party. Similarly, transfers of funds to or by the division are transfers to or by the party.

  • Marginal note:Registered agents

    (4) A provincial division of a registered party may appoint registered agents, subject to any terms and conditions that the appointment specifies. This Act applies to those agents as if they were registered agents appointed by the party under subsection 396(1).

  • 2000, c. 9, s. 363
  • 2014, c. 12, s. 86

Marginal note:Contributions — inclusions and exclusions

  •  (1) Any money that is used for a nomination contestant’s, a candidate’s or a leadership contestant’s campaign out of their own funds is a contribution for the purposes of this Act.

  • Marginal note:Exclusion — litigation expenses and personal expenses

    (1.1) For the purposes of this Act, any money that is used out of a nomination contestant’s, candidate’s or leadership contestant’s own funds to pay a litigation expense or personal expense is not a contribution if it has not been deposited into the bank account referred to in

    • (a) subsection 476.65(1), in the case of a nomination contestant;

    • (b) subsection 477.46(1), in the case of a candidate; or

    • (c) subsection 478.72(1), in the case of a leadership contestant.

  • Marginal note:Exclusion for goods and services — registered parties, registered associations and candidates

    (2) A provision of goods or services is permitted and is not a contribution for the purposes of this Act if it is

    • (a) from a registered party to an electoral district association of the party or a candidate endorsed by the party;

    • (b) from a registered association to the registered party with which it is affiliated, another registered association of the party or a candidate endorsed by the party;

    • (c) from a registered party or registered association to a nomination contestant or a leadership contestant in compliance with subsection 365(1);

    • (d) from a candidate endorsed by a registered party to the party or a registered association of the party;

    • (e) from a candidate to themselves in their capacity as a nomination contestant in respect of the same election; or

    • (f) in the case where a writ is deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act, from a candidate in an election that is cancelled to themselves in their capacity as a candidate in respect of the general election resulting from the dissolution of Parliament.

  • Marginal note:Exclusion for funds — registered parties, registered associations and candidates

    (3) A transfer of funds is permitted and is not a contribution for the purposes of this Act if it is

    • (a) from a registered party to an electoral district association of the party;

    • (b) from a registered association to the registered party with which it is affiliated or another registered association of the party;

    • (c) from a candidate endorsed by a registered party to the party or a registered association of the party;

    • (d) from a candidate to themselves in their capacity as a nomination contestant in respect of the same election; or

    • (e) in the case where a writ is deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act, from a candidate in an election that is cancelled to themselves in their capacity as a candidate in respect of the general election resulting from the dissolution of Parliament.

  • Marginal note:Exclusion for funds other than trust funds — registered parties and registered associations

    (4) A transfer of funds, other than trust funds, is permitted and is not a contribution for the purposes of this Act if it is

    • (a) from a registered party to a candidate endorsed by the party; or

    • (b) from a registered association to a candidate endorsed by the registered party with which the association is affiliated.

  • Marginal note:Exclusion for funds — nomination contestants, leadership contestants and registered parties

    (5) A transfer of funds is permitted and is not a contribution for the purposes of this Act if it is

    • (a) from a nomination contestant of a registered party to the party, the registered association of the party that held the nomination contest or the official agent of the candidate endorsed by the party in the electoral district in which the nomination contest was held;

    • (b) from a leadership contestant of a registered party to the party or a registered association of the party; or

    • (c) from a registered party to a leadership contestant out of funds from a directed contribution referred to in subsection 365(3).

  • Marginal note:Exclusion — paid leave of absence

    (6) The provision by an employer of a paid leave of absence to an employee for the purpose of allowing the employee to be a nomination contestant or candidate is not a contribution.

  • Marginal note:Exclusion — membership fees

    (7) The payment by an individual during a year of fees of not more than $25 per year for a period of not more than five years for membership in a registered party is not a contribution.

  • Marginal note:Contribution

    (8) For greater certainty, the payment by or on behalf of an individual of fees to attend an annual or biennial convention or leadership convention of a particular registered party is a contribution to that party.

  • Marginal note:Prohibition

    (9) No person or entity other than an individual who is a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act shall pay fees to attend an annual or biennial convention or leadership convention of a particular registered party, or pay fees on behalf of another individual for them to attend such a convention.

  • 2000, c. 9, s. 364
  • 2014, c. 12, s. 86
  • 2018, c. 31, s. 239

Marginal note:Certain transfers prohibited

  •  (1) No registered party and no electoral district association of a registered party shall provide goods or services or transfer funds to a nomination contestant or a leadership contestant, unless the goods or services are offered equally to all contestants.

  • Definition of directed contribution

    (2) In this section, directed contribution means an amount that is all or part of a contribution made to a registered party and that the contributor requests in writing be transferred to a particular leadership contestant.

  • Marginal note:Exception

    (3) Subsection (1) does not apply to a directed contribution that is transferred by the registered party to the leadership contestant mentioned in the request if the party provides, with the amount transferred, a statement in the prescribed form setting out the name and address of the contributor, the amount and date of the contribution, the amount of the directed contribution, the amount that the party is transferring and the date of the transfer.

  • Marginal note:Presumption

    (4) The amount of a directed contribution that is to be transferred to a leadership contestant is deemed to be a contribution made by the contributor to the contestant.

  • 2000, c. 9, s. 365
  • 2014, c. 12, s. 86

Marginal note:Issuance of receipts

  •  (1) Any person who is authorized to accept contributions on behalf of a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant shall issue a receipt — of which the person shall keep a copy — for each contribution of more than $20 that they accept.

  • Marginal note:Record keeping

    (2) If anonymous contributions of $20 or less per person are collected in response to a general solicitation at a meeting or fundraising event related to the affairs of a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant, the person authorized to accept those contributions shall record the following:

    • (a) a description of the function at which the contributions were collected;

    • (b) the date of the function;

    • (c) the approximate number of people at the function; and

    • (d) the total amount of the anonymous contributions received.

  • 2000, c. 9, s. 366
  • 2004, c. 24, s. 3
  • 2014, c. 12, s. 86

Marginal note:Contribution limits

  •  (1) Subject to subsection 373(4), no individual shall make contributions that exceed

    • (a) $1,500 in total in any calendar year to a particular registered party;

    • (b) $1,500 in total in any calendar year to the registered associations, nomination contestants and candidates of a particular registered party;

    • (c) $1,500 in total to a candidate for a particular election who is not the candidate of a registered party; and

    • (d) $1,500 in total in any calendar year to the leadership contestants in a particular leadership contest.

  • Marginal note:Increase to contribution limits

    (1.1) The contribution limits set out in subsection (1) increase by $25 on January 1 in each year.

  • Marginal note:Testamentary dispositions

    (2) A contribution may be made by way of a testamentary disposition if the contribution is made only in one calendar year and does not cause the contributor to exceed the relevant limit under subsection (1), taking into account any contributions that the contributor made before their death.

  • Marginal note:Non-conforming testamentary dispositions read down

    (3) A testamentary disposition that provides for a contribution that would cause the contributor to exceed the relevant limit under subsection (1) shall be read as if the contribution is for the highest amount that would not cause the contributor to exceed that limit, and a testamentary disposition that provides for a contribution to be made in more than one calendar year after the year in which this subsection comes into force shall be read as if the contribution is to be made only in the first of those calendar years.

  • Marginal note:Attribution of certain contributions

    (4) For the purposes of subsection (1), a contribution to a person who presents themselves as seeking the endorsement of a particular registered party is to be treated as a contribution referred to in paragraph (1)(b) to a candidate of that party and a contribution to a person who presents themselves as seeking to be a candidate not endorsed by any registered party is to be treated as a contribution referred to in paragraph (1)(c).

  • Marginal note:Exception — nomination contestant’s contributions to own campaign

    (5) Contributions that do not exceed $1,000 in total by a nomination contestant out of their own funds to their own campaign as a nomination contestant do not count towards the nomination contestant’s contributions for the purposes of paragraph (1)(b).

  • Marginal note:Contributions — candidates and leadership contestants

    (6) Subject to subsection (7), no candidate in a particular election and no leadership contestant in a particular leadership contest shall make a contribution out of their own funds to their own campaign.

  • Marginal note:Exception — certain contributions to own campaign

    (7) The following contributions are permitted:

    • (a) contributions that do not exceed $5,000 in total by a candidate for a particular election out of their own funds to their own campaign; and

    • (b) contributions that do not exceed $25,000 in total by a leadership contestant in a particular leadership contest out of their own funds to their own campaign.

    For greater certainty, contributions made by a candidate under subsection (1) to a registered party or a registered association that later transfers funds to the candidate for the purpose of their campaign do not have the effect of reducing the amount that the candidate may contribute under this subsection.

  • Marginal note:Contributions under subsection (1) not affected

    (8) Contributions made under subsection (7) do not have the effect of reducing the amounts that the candidate or leadership contestant, as the case may be, may contribute under subsection (1) to other candidates or to other leadership contestants, as the case may be.

  • 2000, c. 9, s. 367
  • 2014, c. 12, ss. 86, 87
  • 2018, c. 31, s. 240

Marginal note:Prohibition — circumventing limits

  •  (1) No person or entity shall

    • (a) circumvent, or attempt to circumvent, the prohibition under subsection 363(1) or 367(6) or a limit set out in subsection 367(1) or (7) or section 371; or

    • (b) act in collusion with another person or entity for that purpose.

  • Marginal note:Prohibition — concealing source of contribution

    (2) No person or entity shall

    • (a) conceal, or attempt to conceal, the identity of the source of a contribution governed by this Act; or

    • (b) act in collusion with another person or entity for that purpose.

  • Marginal note:Prohibition — accepting excessive contributions

    (3) No person who is permitted to accept contributions under this Act shall accept a contribution that exceeds a limit under this Act.

  • Marginal note:Prohibited agreements

    (4) No person or entity shall enter into an agreement for the provision for payment of goods or services, directly or indirectly, to a registered party or a candidate that includes a term that any individual will make a contribution, directly or indirectly, to a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant.

  • 2000, c. 9, s. 368
  • 2004, c. 24, s. 4
  • 2014, c. 12, s. 86
  • 2018, c. 31, s. 241

 [Repealed, 2014, c. 12, s. 86]

Marginal note:Prohibition — soliciting or accepting contribution

  •  (1) No person or entity shall solicit or accept a contribution on behalf of a registered party, a registered association or a candidate if the person or entity makes a representation to the contributor or potential contributor that part or all of the contribution would be transferred to a person or entity other than the registered party or a candidate, a leadership contestant or an electoral district association.

  • Marginal note:Prohibition — collusion

    (2) No person or entity shall act in collusion with another person or entity for the purpose of circumventing the prohibition under subsection (1).

  • 2000, c. 9, s. 369
  • 2004, c. 24, s. 5
  • 2014, c. 12, s. 86

Marginal note:Prohibition — making indirect contributions

  •  (1) No individual shall make a contribution to a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant that comes from money, property or the services of any person or entity that was provided to that individual for that purpose.

  • Marginal note:Exception — candidates and leadership contestants

    (2) Despite subsection (1), a candidate or a leadership contestant may make a contribution under subsection 367(7) that comes from money provided by way of a loan to the candidate or leadership contestant made in writing by a financial institution as defined in section 2 of the Bank Act at a fair market rate of interest, as long as no security is given for the loan except property of the candidate or leadership contestant, as the case may be.

  • 2000, c. 9, s. 370
  • 2004, c. 24, s. 5
  • 2014, c. 12, s. 86

Marginal note:Limit on cash contributions

 No individual shall, in respect of each contribution made under this Division, contribute cash in an amount that exceeds $20.

  • 2000, c. 9, s. 371
  • 2014, c. 12, s. 86

Marginal note:Return of contributions

 If a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant receives a contribution made in contravention of subsection 367(1) or (6) or 368(4) or section 370 or 371, the chief agent of the registered party, the financial agent of the registered association, the official agent of the candidate or the financial agent of the nomination contestant or leadership contestant, as the case may be, shall, within 30 days after becoming aware of the contravention, return the contribution unused to the contributor or, if that is not possible, pay the amount of it — or, in the case of a non-monetary contribution, an amount of money equal to its commercial value — to the Chief Electoral Officer, who shall forward that amount to the Receiver General.

  • 2000, c. 9, s. 372
  • 2003, c. 19, s. 8
  • 2014, c. 12, s. 86
  • 2018, c. 31, s. 242

Loans, Guarantees and Suretyships

Marginal note:Ineligible lenders and guarantors

  •  (1) Except as permitted under this section, no person or entity shall

    • (a) make a loan to a registered party or a registered association;

    • (b) make a loan to a nomination contestant, a candidate or a leadership contestant in relation to the contestant’s or candidate’s campaign; or

    • (c) guarantee a loan referred to in paragraph (a) or (b).

  • Marginal note:Ineligible borrowers

    (2) Except if the loan is permitted under this section, no registered agent of a registered party and no financial agent of a registered association shall borrow money on behalf of the party or association, and no official agent of a candidate and no financial agent of a nomination contestant or of a leadership contestant shall borrow money for the purposes of the candidate’s or contestant’s campaign.

  • Marginal note:Exception — financial institutions

    (3) A financial institution as defined in section 2 of the Bank Act may in writing make a loan referred to in subsection (1) at a fair market rate of interest.

  • Marginal note:Exception — individuals

    (4) An individual who is a Canadian citizen or is a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act may in writing make a loan referred to in subsection (1) or guarantee such a loan. However, the total of the following amounts shall not at any time exceed the individual’s relevant contribution limit set out in paragraphs 367(1)(a) to (d), subsection 367(5) and paragraphs 367(7)(a) and (b):

    • (a) the amounts of the individual’s contributions,

    • (b) the amounts of the individual’s loans made in the relevant contribution period, not including any amount that has been repaid in the calendar year in which the loan was made, and

    • (c) the amounts guaranteed by the individual in the relevant contribution period, not including any amount for which the individual has ceased to be liable in the calendar year in which the guarantee was given.

  • Marginal note:Exception — certain loans

    (5) A loan may be made in writing

    • (a) by a registered party to a registered association of the party or a candidate endorsed by the party; or

    • (b) by a registered association to the registered party with which it is affiliated, another registered association of the party or a candidate endorsed by the party.

  • Marginal note:Exception — certain guarantees and suretyships

    (6) A registered party or registered association may in writing guarantee a loan made in writing to a party, association or candidate to which it itself is permitted to make a loan under subsection (5).

  • 2000, c. 9, s. 373
  • 2014, c. 12, s. 86

Marginal note:Prohibition — making indirect loans

 No individual shall make a loan to a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant that is made possible by money, property or the services of any person or entity that was provided to that individual for that purpose.

  • 2000, c. 9, s. 374
  • 2014, c. 12, s. 86

Expenses

Marginal note:Nomination campaign expenses

  •  (1) A nomination campaign expense of a nomination contestant is an expense reasonably incurred as an incidence of the nomination contest, including

    • (a) a nomination contest expense;

    • (b) a litigation expense;

    • (c) travel and living expenses;

    • (d) a personal expense; and

    • (e) any fees of an auditor appointed under subsection 476.77(1) that have not been reimbursed by the Receiver General.

  • Marginal note:Exclusions — administrative monetary penalties, etc.

    (2) For greater certainty, none of the following is a nomination campaign expense:

    • (a) the amount of any administrative monetary penalty imposed under Part 19;

    • (b) any amount that is required to be paid under a compliance agreement entered into under Part 19 solely as a result of that compliance agreement; and

    • (c) any amount that is required to be paid under an undertaking provided under Part 19 solely as a result of that undertaking.

  • 2004, c. 24, s. 7
  • 2014, c. 12, s. 86
  • 2018, c. 31, s. 243

Marginal note:Nomination contest expenses

  •  (1) A nomination contest expense is any of the following:

    • (a) any cost incurred, or non-monetary contribution received, by a nomination contestant, to the extent that the property or service that the cost was incurred for or that was received as a non-monetary contribution is used to directly promote or oppose a nomination contestant during a nomination contest; and

    • (b) any acceptance by a nomination contestant of a provision of goods or services that is permitted under paragraph 364(2)(c), to the extent that the goods or services are used to directly promote or oppose a nomination contestant during a nomination contest.

  • Marginal note:Exclusion — fundraising

    (2) Expenses for a fundraising activity, other than expenses referred to in paragraphs (3)(a) and (b) that are related to that activity, are not nomination contest expenses under subsection (1).

  • Marginal note:Inclusions

    (3) A nomination contest expense includes a cost incurred for, a non-monetary contribution in relation to, or a provision of goods and services in relation to,

    • (a) the production of advertising or promotional material;

    • (b) the distribution, broadcast or publication of such material in any media or by any other means during the nomination contest, including by the use of a capital asset;

    • (c) the payment of remuneration and expenses to or on behalf of a person for their services as a financial agent or in any other capacity;

    • (d) securing a meeting space or the supply of light refreshments at meetings;

    • (e) any product or service provided by a government, a Crown corporation or any other public agency; and

    • (f) the conduct of surveys or research during a nomination contest.

  • Marginal note:Definition of cost incurred

    (4) In this section, cost incurred means an expense that is incurred by a nomination contestant, whether it is paid or unpaid.

  • 2018, c. 31, s. 243

Marginal note:Litigation expenses — nomination contestants

 A litigation expense of a nomination contestant is an expense of the contestant related to an application to a judge made under this Part, including an expense related to any appeal or judicial review arising from the application.

  • 2018, c. 31, s. 243

Marginal note:Personal expenses — nomination contestants

  •  (1) A nomination contestant’s personal expenses include

    • (a) childcare expenses;

    • (b) expenses relating to the provision of care for a person with a physical or mental incapacity for whom the contestant normally provides such care; and

    • (c) in the case of a contestant who has a disability, additional expenses that are related to the disability.

  • Marginal note:Exclusions — travel and living expenses, etc.

    (2) Neither litigation expenses nor travel and living expenses are personal expenses of a nomination contestant.

  • 2018, c. 31, s. 243

Marginal note:Electoral campaign expenses

  •  (1) An electoral campaign expense of a candidate is an expense reasonably incurred as an incidence of the election, including

    • (a) an election expense;

    • (a.1) a litigation expense;

    • (a.2) travel and living expenses;

    • (a.3) an accessibility expense;

    • (b) a personal expense; and

    • (c) any fees of an auditor appointed under subsection 477.1(2) that have not been reimbursed by the Receiver General.

  • Marginal note:Exclusions — administrative monetary penalties, etc.

    (2) For greater certainty, none of the following is an electoral campaign expense:

    • (a) the amount of any administrative monetary penalty imposed under Part 19;

    • (b) any amount that is required to be paid under a compliance agreement entered into under Part 19 solely as a result of that compliance agreement; and

    • (c) any amount that is required to be paid under an undertaking provided under Part 19 solely as a result of that undertaking.

  • 2000, c. 9, s. 375
  • 2003, c. 19, s. 9
  • 2014, c. 12, s. 86
  • 2018, c. 31, s. 244

Marginal note:Election expenses

  •  (1) An election expense is any of the following:

    • (a) any cost incurred, or non-monetary contribution received, by a registered party or a candidate, to the extent that the property or service that the cost was incurred for or that was received as a non-monetary contribution is used to directly promote or oppose a registered party, its leader or a candidate during an election period; and

    • (b) any acceptance by a registered party or a candidate of a provision of goods or services that is permitted under subsection 364(2), to the extent that the goods or services are used to directly promote or oppose a registered party, its leader or a candidate during an election period.

  • Marginal note:Exclusions — certain fundraising and nominations

    (2) Expenses for a fundraising activity and expenses to directly promote the nomination of a person as a candidate or the selection of a person as leader of a registered party, other than expenses referred to in paragraphs (3)(a) and (b) that are related to such fundraising and promotional activities, are not election expenses under subsection (1).

  • Marginal note:Inclusions

    (3) An election expense referred to in subsection (1) includes a cost incurred for, a non-monetary contribution in relation to, or a provision of goods and services in relation to,

    • (a) the production of advertising or promotional material;

    • (b) the distribution, broadcast or publication of such material in any media or by any other means during the election period, including by the use of a capital asset;

    • (c) the payment of remuneration and expenses to or on behalf of a person for their services as an official agent or registered agent or in any other capacity;

    • (d) securing a meeting space or the supply of light refreshments at meetings;

    • (e) any product or service provided by a government, a Crown corporation or any other public agency; and

    • (f) the conduct of election surveys or other surveys or research during an election period.

  • Marginal note:Exclusion — accessibility expenses

    (3.1) An accessibility expense of a registered party or a candidate, as the case may be, is not an election expense of that party or candidate.

  • Definition of cost incurred

    (4) In subsection (1), cost incurred means an expense that is incurred by a registered party or a candidate, whether it is paid or unpaid.

  • 2000, c. 9, s. 376
  • 2003, c. 19, s. 10
  • 2014, c. 12, s. 86
  • 2018, c. 31, s. 245

Marginal note:Partisan advertising expenses

 A partisan advertising expense of a registered party or an electoral district association of a registered party, as the case may be, includes any of the following:

  • (a) any non-monetary contribution received by the party or association, to the extent that the property or service that was received as a non-monetary contribution is used in relation to the production of a partisan advertising message or the transmission of a partisan advertising message to the public; and

  • (b) any acceptance by the party or association of a provision of goods or services that is permitted under subsection 364(2), to the extent that the goods or services are used in relation to the production of a partisan advertising message or the transmission of a partisan advertising message to the public.

  • 2018, c. 31, s. 246

Marginal note:Contributions for ticketed fundraising functions

  •  (1) If a fundraising activity is held for the primary purpose of soliciting a monetary contribution for a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant by way of selling a ticket, the amount of the monetary contribution received is the difference between the price of the ticket and the fair market value of what the ticket entitles the bearer to obtain.

  • Marginal note:Calculation

    (2) For the purpose of subsection (1), in calculating what a ticket bearer is entitled to obtain, to be included in the calculation is

    • (a) the cost of any goods or services received by the ticket bearer personally, such as meals and promotional products; and

    • (b) their share of any general expenses incurred by the registered party, registered association, nomination contestant, candidate or leadership contestant, as the case may be, in holding the activity, such as expenses incurred for the rental of a meeting space or for any audiovisual equipment used.

  • 2000, c. 9, s. 377
  • 2003, c. 19, s. 11
  • 2004, c. 24, s. 8
  • 2014, c. 12, s. 86
  • 2018, c. 31, s. 247

Marginal note:Litigation expenses — candidates

 A litigation expense of a candidate is an expense of the candidate related to any of the following requests or applications, including an expense related to any appeal or judicial review arising from the request or the application:

  • (a) a request or an application made under Part 14;

  • (b) an application to a judge made under this Part; and

  • (c) an application to contest the election in the candidate’s electoral district.

  • 2018, c. 31, s. 248

Marginal note:Accessibility expenses

  •  (1) An accessibility expense of a registered party or a candidate, as the case may be, is any of the following:

    • (a) the amount of any cost incurred, or non-monetary contribution received, by the party or candidate, to the extent that the property or service that the cost was incurred for — or that was received as a non-monetary contribution — is used solely to make accessible, to persons with a disability, materials used or activities held during an election period;

    • (b) the difference between the amounts referred to in subparagraphs (i) and (ii), to the extent that the amount referred to in subparagraph (i) is greater than the amount referred to in subparagraph (ii):

      • (i) the amount of any cost incurred, or non-monetary contribution received, by the party or candidate, to the extent that the property or service that the cost was incurred for — or that was received as a non-monetary contribution — is used for materials used or activities held during an election period and those materials or activities are accessible to persons with a disability, and

      • (ii) the amount equal to the value of the property or service if the materials or activities had not been accessible to persons with a disability;

    • (c) the amount equal to the value of goods or services referred to in subsection 364(2) that are accepted by the party or candidate, to the extent that the goods or services are used solely to make accessible, to persons with a disability, materials used or activities held during an election period; and

    • (d) the difference between the amounts referred to in subparagraphs (i) and (ii), to the extent that the amount referred to in subparagraph (i) is greater than the amount referred to in subparagraph (ii):

      • (i) the amount equal to the value of goods or services referred to in subsection 364(2) that are accepted by the party or candidate, to the extent that the goods or services are used for materials used or activities held during an election period and those materials or activities are accessible to persons with a disability, and

      • (ii) the amount equal to the value of the goods or services if the materials or activities had not been accessible to persons with a disability.

  • Marginal note:Exclusion — fundraising, etc.

    (2) An amount referred to in subsection (1) that is related to a fundraising activity, to the nomination of a person as a candidate or to the selection of a person as leader of a registered party is not an accessibility expense.

  • Marginal note:Definition of cost incurred

    (3) In subsection (1), cost incurred means an expense that is incurred by a registered party or a candidate, whether it is paid or unpaid.

  • 2018, c. 31, s. 248

Marginal note:Personal expenses — candidate

  •  (1) A candidate’s personal expenses include

    • (a) [Repealed, 2018, c. 31, s. 249]

    • (b) childcare expenses;

    • (c) expenses relating to the provision of care for a person with a physical or mental incapacity for whom the candidate normally provides such care; and

    • (d) in the case of a candidate who has a disability, additional expenses that are related to the disability.

  • Marginal note:Exclusions — travel and living expenses, etc.

    (2) Neither litigation expenses nor travel and living expenses are personal expenses of a candidate.

  • 2000, c. 9, s. 378
  • 2004, c. 24, s. 9
  • 2014, c. 12, s. 86
  • 2018, c. 31, s. 249

Marginal note:Categories of certain expenses and maximums

 The Chief Electoral Officer may establish, in respect of candidates, categories of personal expenses and of travel and living expenses and may fix maximum amounts of expenses that may be incurred in each category.

  • 2018, c. 31, s. 250

Marginal note:Costs related to candidate’s representatives

 Any expenses of a candidate that are incurred to remunerate the candidate’s representatives referred to in subsection 136(1) or 237.1(2) are deemed to be personal expenses of the candidate.

  • 2000, c. 9, s. 379
  • 2014, c. 12, s. 86

Marginal note:Leadership campaign expenses

  •  (1) A leadership campaign expense of a leadership contestant is an expense reasonably incurred as an incidence of the leadership contest, including

    • (a) a leadership contest expense;

    • (b) a litigation expense;

    • (c) travel and living expenses;

    • (d) a personal expense; and

    • (e) any fees of an auditor appointed under Division 6 of Part 18 that have not been reimbursed by the Receiver General.

  • Marginal note:Exclusions — administrative monetary penalties, etc.

    (2) For greater certainty, none of the following is a leadership campaign expense:

    • (a) the amount of any administrative monetary penalty imposed under Part 19;

    • (b) any amount that is required to be paid under a compliance agreement entered into under Part 19 solely as a result of that compliance agreement; and

    • (c) any amount that is required to be paid under an undertaking provided under Part 19 solely as a result of that undertaking.

  • 2018, c. 31, s. 251

Marginal note:Leadership contest expenses

  •  (1) A leadership contest expense is any of the following:

    • (a) any cost incurred, or non-monetary contribution received, by a leadership contestant, to the extent that the property or service that the cost was incurred for or that was received as a non-monetary contribution is used to directly promote or oppose a leadership contestant during a leadership contest; and

    • (b) any acceptance by a leadership contestant of a provision of goods or services that is permitted under paragraph 364(2)(c), to the extent that the goods or services are used to directly promote or oppose a leadership contestant during a leadership contest.

  • Marginal note:Exclusion — fundraising

    (2) Expenses for a fundraising activity, other than expenses referred to in paragraphs (3)(a) and (b) that are related to that activity, are not leadership contest expenses under subsection (1).

  • Marginal note:Inclusions

    (3) A leadership contest expense includes a cost incurred for, a non-monetary contribution in relation to, or a provision of goods and services in relation to,

    • (a) the production of advertising or promotional material;

    • (b) the distribution, broadcast or publication of such material in any media or by any other means during the leadership contest, including by the use of a capital asset;

    • (c) the payment of remuneration and expenses to or on behalf of a person for their services as a financial agent or in any other capacity;

    • (d) securing a meeting space or the supply of light refreshments at meetings;

    • (e) any product or service provided by a government, a Crown corporation or any other public agency; and

    • (f) the conduct of surveys or research during a leadership contest.

  • Marginal note:Definition of cost incurred

    (4) In this section, cost incurred means an expense that is incurred by a leadership contestant, whether it is paid or unpaid.

  • 2018, c. 31, s. 251

Marginal note:Litigation expenses — leadership contestants

 A litigation expense of a leadership contestant is an expense of the contestant related to an application to a judge made under this Part, including an expense related to any appeal or judicial review arising from the application.

  • 2018, c. 31, s. 251

Marginal note:Personal expenses — leadership contestants

  •  (1) A leadership contestant’s personal expenses include

    • (a) childcare expenses;

    • (b) expenses relating to the provision of care for a person with a physical or mental incapacity for whom the contestant normally provides such care; and

    • (c) in the case of a contestant who has a disability, additional expenses that are related to the disability.

  • Marginal note:Exclusions — travel and living expenses, etc.

    (2) Neither litigation expenses nor travel and living expenses are personal expenses of a leadership contestant.

  • 2018, c. 31, s. 251

Marginal note:Evidence of payment — $50 or more

  •  (1) If an expense of $50 or more was incurred under this Act by or on behalf of a registered party, a registered association, a nomination contestant, a candidate or a leadership contestant and paid by an agent or other person authorized under this Act to pay such an expense, the agent or other person shall keep a copy of the invoice prepared by the person who provided the good or service to which the expense relates setting out the nature of the expense together with proof that it was paid.

  • Marginal note:Evidence of payment — under $50

    (2) If an expense of less than $50 was incurred and paid as described in subsection (1), the person who made the payment shall keep a record of the nature of the expense together with proof that it was paid.

  • 2000, c. 9, s. 380
  • 2014, c. 12, s. 86

 [Repealed, 2014, c. 12, s. 86]

Marginal note:Petty expenses

  •  (1) A person may pay a petty expense incurred for office supplies, postage, courier services and other incidental expenses under the written authorization of

    • (a) a registered agent of a registered party, as an expense incurred on behalf of the registered party;

    • (b) an electoral district agent of a registered association, as an expense incurred on behalf of the association;

    • (c) the financial agent of a nomination contestant, as a nomination campaign expense;

    • (d) the official agent of a candidate, as an electoral campaign expense for the candidate; or

    • (e) a leadership campaign agent of a leadership contestant, as a leadership campaign expense.

  • Marginal note:Authorized maximum

    (2) The written authorization referred to in subsection (1) shall specify a maximum amount for the total of petty expenses that the person is authorized to pay.

  • Marginal note:Statement and evidence of payment

    (3) A person who is authorized to pay a petty expense shall provide the agent who authorized it with a statement of payments that the person made and the documentation referred to in section 380 within three months after

    • (a) in the case of a petty expense incurred on behalf of a registered party, the day on which it is incurred;

    • (b) in the case of a petty expense incurred on behalf of a registered association, the day on which it is incurred;

    • (c) in the case of a petty expense incurred on behalf of a nomination contestant, the day on which it is incurred;

    • (d) in the case of a petty expense incurred on behalf of a candidate, polling day; and

    • (e) in the case of a petty expense incurred on behalf of a leadership contestant, the day on which it is incurred.

  • Marginal note:Prohibition

    (4) No person who is authorized to pay petty expenses shall pay, in total, more than the maximum amount of petty expenses that they are authorized to pay.

  • 2000, c. 9, s. 381
  • 2004, c. 24, s. 11
  • 2014, c. 12, s. 86

 [Repealed, 2014, c. 12, s. 86]

Marginal note:Publication of electoral campaign returns and election expenses returns

  •  (1) The Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish the original election expenses returns of registered parties and electoral campaign returns of candidates and any corrected or revised versions of those returns

    • (a) in the case of an original return, within one year after the issue of a writ for an election;

    • (b) in the case of a corrected or revised version of a return, as soon as feasible after he or she receives it; and

    • (c) in the case of a document referred to in subsection 477.59(10), (11), (12) or (15), or a corrected or revised version of such a document, as soon as feasible after he or she receives it.

  • Marginal note:Publication of financial transactions returns

    (2) The Chief Electoral Officer shall publish the following, as