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

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Act current to 2019-02-28 and last amended on 2019-01-19. Previous Versions

PART 8Preparation for the Vote (continued)

Election Materials (continued)

Marginal note:Information on the ballot

  •  (1) Ballots shall contain the names of candidates, arranged alphabetically, taken from their nomination papers.

  • 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 condition described in paragraph 67(4)(c) is met; 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    • (d) [Repealed, 2004, c. 24, s. 2]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  • (4) [Repealed, 2001, c. 21, s. 12]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(F).

Marginal note:Property of Her Majesty

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

Supply of Election Materials to Deputy Returning Officer

Marginal note:Materials to be supplied to deputy returning officers

  •  (1) Before voting begins, each returning officer shall provide each deputy returning officer in his or her electoral district with

    • (a) enough ballots for at least the number of electors on the official list of electors for the deputy returning officer’s polling station;

    • (b) a statement showing the number of ballots that are supplied, 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, each deputy returning officer is responsible for all election materials in his or her possession and shall take every precaution for 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.

Polling Stations and Central Polling Places

Marginal note:Establishment of polling stations

  •  (1) Each returning officer shall, for polling day, establish one polling station for each polling division.

  • Marginal note:Multiple polling stations

    (2) No later than 3 days before a polling day, a returning officer may, with the prior approval of the Chief Electoral Officer, establish several polling stations for a polling division if, because of the number of electors on the list of electors for the polling division, the returning officer believes it necessary for the conduct of the vote, and each of those polling stations is to be designated by the number of the polling division to which is added the letter A, B, C and so on.

  • Marginal note:Division of list of electors

    (3) The returning officer shall divide the official list of electors for a polling division into as many separate lists as are required for the taking of the votes at each polling station.

  • Marginal note:Certificate of returning officer

    (4) To each portion of the official list of electors that is divided, the returning officer shall, before sending the portion to the deputy returning officer for the polling station, append a certificate signed by the returning officer in the prescribed form attesting to its correctness.

Marginal note:Level access

  •  (1) Subject to subsection (2), a polling station shall be in premises with level access.

  • Marginal note:Exception

    (2) If a returning officer is unable to secure suitable premises with level access for use as a polling station, the returning officer may, with the prior approval of the Chief Electoral Officer, locate the polling station in premises without level access.

  • Marginal note:Voting compartments

    (3) Each polling station shall contain one or two 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.

Marginal note:Polling station in adjacent polling division

  •  (1) If a returning officer is unable to secure suitable premises to be used as a polling station within a polling division, the returning officer may establish a polling station in an adjacent polling division and all the provisions of this Act apply as if the polling station were within the polling division to which it appertains.

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

    (2) Whenever possible, a returning officer shall locate a polling station in a school or other suitable public building and shall locate the polling station or the polling stations in a central polling place, at a place or places in the building that will provide ease of access to electors.

  • 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.

Marginal note:Central polling place

  •  (1) A returning officer may, if he or she considers it advisable, place several polling stations together in a central polling place.

  • Marginal note:Maximum

    (2) A returning officer shall not group together more than 10 polling stations in a central polling place without the Chief Electoral Officer’s prior approval.

  • Marginal note:Presumption

    (3) On the establishment of a central polling place under subsection (1), all of the provisions of this Act apply as if each polling station at the central polling place were within the polling division to which it appertains.

  • 2000, c. 9, s. 123;
  • 2014, c. 12, s. 42.

Marginal note:Appointments at central polling place

  •  (1) When a returning officer establishes a central polling place, the returning officer may appoint, with the prior approval of the Chief Electoral Officer,

    • (a) an information officer to provide information to the electors; and

    • (b) a person responsible for maintaining order.

  • Marginal note:Central poll supervisor

    (2) When a returning officer establishes a central polling place that contains four or more polling stations, the returning officer may appoint a central poll supervisor to attend at the central polling place on polling day to supervise proceedings and keep the returning officer informed of any matter that adversely affects, or is likely to adversely affect, the proceedings.

 
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