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

Full Document:  

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

PART 6Candidates (continued)

Nomination of Candidates (continued)

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
 
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