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

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

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

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

• 77 (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

78 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

79 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

80 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

• 81 (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.

Marginal note:Campaigning in public places

• 81.1 (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.

82 [Repealed, 2014, c. 12, s. 29]

83 [Repealed, 2014, c. 12, s. 29]

84 [Repealed, 2014, c. 12, s. 29]

85 [Repealed, 2014, c. 12, s. 29]

85.1 [Repealed, 2014, c. 12, s. 29]

86 [Repealed, 2014, c. 12, s. 29]

87 [Repealed, 2014, c. 12, s. 29]

88 [Repealed, 2014, c. 12, s. 29]

Prohibition

Marginal note:Ineligible candidate

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

90 [Repealed, 2014, c. 12, s. 30]

Marginal note:Publishing false statement to affect election results

• 91 (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.

Marginal note:Publishing false statement of candidate’s withdrawal

92 No person or entity shall publish a false statement that indicates that a candidate has withdrawn.

92.1 [Repealed, 2014, c. 12, s. 31]

92.2 [Repealed, 2014, c. 12, s. 31]

92.3 [Repealed, 2014, c. 12, s. 31]

92.4 [Repealed, 2014, c. 12, s. 31]

92.5 [Repealed, 2014, c. 12, s. 31]

92.6 [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

• 93 (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.

Marginal note:Preliminary lists to candidates

94 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.

Notice of Confirmation of Registration

Marginal note:Notice to electors

• 95 (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.

Revision Process

Marginal note:Revision of preliminary lists of electors

• 96 (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.