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 2Chief Electoral Officer and Staff (continued)

Chief Electoral Officer (continued)

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) revising agents appointed under paragraph 32(a);

    • (e) deputy returning officers appointed under paragraphs 32(b) and (c) and subsection 273(1);

    • (f) poll clerks appointed under paragraphs 32(b) and (c) and subsection 273(1);

    • (g) registration officers appointed under paragraph 32(d);

    • (g.1) persons appointed under section 32.1;

    • (h) information officers appointed under paragraph 124(1)(a);

    • (i) persons responsible for maintaining order at a central polling place appointed under paragraph 124(1)(b);

    • (j) central poll supervisors appointed under subsection 124(2);

    • (k) persons appointed under subsection 290(2) to collect ballot boxes;

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

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

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

    • (o) deputy returning officers and poll clerks for correctional institutions appointed under subsection 253(1).

  • 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 any of paragraphs (1)(a), (b), (d) to (g) and (j) must reside in the electoral district in which he or she is to perform duties under this Act.

  • Marginal note:Exception

    (5) In the case of an appointment that is to be made by a returning officer, if he or she is unable to appoint an election officer who meets the requirements set out in subsection (4), he or she may, with the approval of the Chief Electoral Officer, appoint

    • (a) a Canadian citizen who is 16 years of age or older and who resides in the electoral district; or

    • (b) a person who is qualified as an elector but does not live in the electoral district.

  • 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.
 
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