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

Full Document:  

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

PART 3Election Officers (continued)

Election Officers Appointed by Returning Officer (continued)

 [Repealed, 2018, c. 31, s. 29]

 [Repealed, 2018, c. 31, s. 29]

 [Repealed, 2018, c. 31, s. 29]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
 
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