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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 4Register of Electors and Register of Future Electors (continued)

Updates

Marginal note:Sources of information

  •  (1) The Register of Electors and the Register of Future Electors shall be updated from

    • (a) information

      • (i) that electors or future electors, as the case may be, have given the Chief Electoral Officer, or

      • (ii) that is held by a federal department or body and that electors or future electors, as the case may be, have expressly authorized to be given to the Chief Electoral Officer; and

    • (b) information that the Chief Electoral Officer considers reliable and necessary for updating the surname, given names, gender, date of birth, civic address and mailing address of electors and future electors included in the Register of Electors or Register of Future Electors, as the case may be, and that

      • (i) is held under an Act of the legislature of a province mentioned in Schedule 2, or

      • (ii) comes from any other source mentioned in Schedule 2.

  • Marginal note:Source of information: Register of Future Electors

    (1.01) The Register of Electors shall be updated from information that the Chief Electoral Officer holds in the Register of Future Electors about future electors who become electors.

  • Marginal note:Retention of certain information

    (1.1) The Chief Electoral Officer may retain information collected under paragraph (1)(b), but not included in the Register of Electors or Register of Future Electors, for the purpose of correlating information subsequently collected with information already contained in the relevant register.

  • Marginal note:Amendments to Schedule 2

    (2) The Chief Electoral Officer may at any time amend Schedule 2 by adding, changing or deleting the name of an Act of the legislature of a province or of any other source of information, but no such amendment comes into force until notice of it is published in the Canada Gazette.

  • 2000, c. 9, s. 46
  • 2007, c. 21, s. 6
  • 2018, c. 31, s. 39

Marginal note:Information from Minister of Citizenship and Immigration

 Despite subparagraph 46(1)(a)(ii), for the purpose of assisting the Chief Electoral Officer in updating the Register of Electors, including by deleting the name of a person who is not an elector, the Minister of Citizenship and Immigration may, at the request of the Chief Electoral Officer in writing, provide the Chief Electoral Officer with any of the following information, in relation to a person, that is contained in databases maintained by the Department of Citizenship and Immigration that relate to permanent residents and foreign nationals as those terms are defined in subsection 2(1) of the Immigration and Refugee Protection Act and with the date when the information referred to in paragraph (d) was included or updated in those databases:

  • (a) his or her surname and given names;

  • (b) his or her gender;

  • (c) his or her date of birth;

  • (d) his or her addresses; and

  • (e) any unique identifier that that Minister has assigned to him or her under that Act.

  • 2018, c. 31, s. 40

Marginal note:Citizenship information

 For the purpose of assisting the Chief Electoral Officer in updating the Register of Electors or Register of Future Electors, the Minister of National Revenue may, on a return of income referred to in subsection 150(1) of the Income Tax Act, request that an individual who is filing a return of income under paragraph 150(1)(d) of that Act indicate in the return whether he or she is a Canadian citizen.

  • 2007, c. 21, s. 7
  • 2018, c. 31, s. 40

Marginal note:Information in respect of deceased individuals

 For the purpose of updating the Register of Electors or Register of Future Electors, the Minister of National Revenue shall, at the request of the Chief Electoral Officer, provide the name, date of birth and address of any individual to whom paragraph 150(1)(b) of the Income Tax Act applies if that individual has, in his or her last return of income filed under paragraph 150(1)(d) of that Act, authorized that Minister to provide his or her name, date of birth and address to the Chief Electoral Officer for the relevant register.

  • 2007, c. 21, s. 7
  • 2018, c. 31, s. 40

Marginal note:Duty of returning officer

 During the election period, each returning officer shall update the Register of Electors from the information that he or she obtains under this Act, other than information in relation to an elector with respect to whom an application has been granted under subsection 233(1.1).

Marginal note:Other duties

 Between election periods, a returning officer shall perform any duties related to the updating of the Register of Electors or Register of Future Electors that are requested by the Chief Electoral Officer.

  • 2007, c. 21, s. 8
  • 2018, c. 31, s. 41

Marginal note:Adding electors and future electors

  •  (1) The Chief Electoral Officer shall, before including an elector in the Register of Electors or a future elector in the Register of Future Electors, send him or her the Chief Electoral Officer’s information relating to him or her and ask if he or she wishes to be included in the relevant register.

  • Marginal note:Obligation of elector or future elector

    (2) An elector or future elector who wishes to be included in the relevant register shall confirm, correct or complete the information, in writing, and give it to the Chief Electoral Officer along with a signed certification that he or she is qualified as an elector or as a future elector, as the case may be.

  • Marginal note:Exceptions

    (3) This section does not apply in respect of the inclusion of an elector or future elector that is

    • (a) done at his or her request;

    • (b) done using information from lists of electors or future electors established under provincial law that contain information that the Chief Electoral Officer considers sufficient for the elector’s or future elector’s inclusion; or

    • (c) done using information to update the Register of Electors under subsection 46(1.01).

  • 2000, c. 9, s. 48
  • 2018, c. 31, s. 41

Marginal note:Listing requests

  •  (1) Any person may at any time request the Chief Electoral Officer to include him or her in the Register of Electors or Register of Future Electors, by providing

    • (a) a signed certification that he or she is qualified as an elector or as a future elector, as the case may be;

    • (b) his or her surname, given names, gender, date of birth, civic address and mailing address; and

    • (c) satisfactory proof of identity.

  • Marginal note:Optional information

    (2) In addition to the information referred to in subsection (1), the Chief Electoral Officer may invite the elector or future elector to give any other information that the Chief Electoral Officer considers necessary to implement any agreements entered into under section 55, but the elector or future elector is not required to do so.

  • 2000, c. 9, s. 49
  • 2018, c. 31, s. 41

Marginal note:Corrections

 An elector or future elector may inform the Chief Electoral Officer of changes to the information in the Register of Electors or Register of Future Electors, as the case may be, relating to him or her, and the Chief Electoral Officer shall make the necessary corrections to the relevant register.

  • 2000, c. 9, s. 50
  • 2018, c. 31, s. 41

Marginal note:Verification

 The Chief Electoral Officer may

  • (a) contact an elector or future elector to verify the Chief Electoral Officer’s information relating to him or her; and

  • (b) request the elector or future elector to confirm, correct or complete the information within 60 days after receiving the request.

  • 2000, c. 9, s. 51
  • 2018, c. 31, s. 41

Marginal note:Deletion of names

  •  (1) The Chief Electoral Officer shall delete from the Register of Electors or Register of Future Electors the name of any person who

    • (a) is dead;

    • (b) is not an elector or future elector, as the case may be, subject to subsection 44(4);

    • (c) requests in writing to have his or her name deleted;

    • (d) is, by reason of mental incapacity, under a court-ordered protective regime, including guardianship, tutorship or curatorship, and whose authorized representative under the regime requests in writing that the person’s name be deleted; or

    • (e) is a future elector with a mental incapacity whose parent requests in writing that the future elector’s name be deleted.

  • Marginal note:Conditions

    (1.1) A person’s name may be deleted under paragraph (1)(d) only if the authorized representative has provided the Chief Electoral Officer with a copy of the court order and satisfactory proof of that representative’s identity.

  • Marginal note:Deletion of name — discretionary

    (2) The Chief Electoral Officer may delete from the Register of Electors or Register of Future Electors the name of any person who fails to comply with a request referred to in paragraph 51(b) within the 60 days.

  • 2000, c. 9, s. 52
  • 2014, c. 12, s. 23
  • 2018, c. 31, s. 42
 
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