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

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Act current to 2019-04-25 and last amended on 2019-04-01. Previous Versions

PART 21General (continued)

Custody of Election Documents and Documents Relating to the Register of Electors

Marginal note:Reference

 In section 540, a reference to the Register of Electors includes a reference to the Register of Future Electors.

  • 2018, c. 31, s. 369.1

Marginal note:Chief Electoral Officer to retain election documents

  •  (1) The Chief Electoral Officer shall retain in his or her possession the election documents sent to him or her by a returning officer, with the return of the writ, for at least one year if the election is not contested during that time and, if the election is contested, for one year after the end of the contestation.

  • Marginal note:Documents relating to Register of Electors

    (2) The Chief Electoral Officer shall, for at least two years after receiving them, retain in his or her possession, on film or in electronic form, all documents that relate to the updating of the Register of Electors.

  • Marginal note:Inspection of documents

    (3) No election documents, or documents that relate to the establishment or updating of the Register of Electors, that are retained in the custody of the Chief Electoral Officer under subsection (1) or (2) shall, during the period of their retention, be inspected or produced except under an order of a judge of a superior court, which, if made, the Chief Electoral Officer shall obey.

  • Marginal note:Exception

    (4) Subsection (3) does not prohibit the Chief Electoral Officer or any authorized member of his or her staff from inspecting the documents referred to in that subsection.

  • Marginal note:Exception

    (4.1) The Chief Electoral Officer may also disclose any of the documents referred to in subsection (3) to the Commissioner for the purposes of the exercise or performance of the Commissioner’s powers, duties and functions under this Act and the Commissioner may, in turn, disclose any of those documents to the Director of Public Prosecutions, who may produce them for the purpose of a prosecution — or possible prosecution — by the Director for an offence under this Act.

  • Marginal note:Election documents or papers admissible in evidence when certified

    (5) When a judge of a superior court has ordered the production of election documents, the Chief Electoral Officer need not, unless the judge orders otherwise, appear personally to produce them but shall certify the documents and send them by courier to the clerk or registrar of the court, who shall, when the documents have served the purposes of the judge, return them by courier to the Chief Electoral Officer.

  • Marginal note:Certified documents

    (6) Documents purporting to be certified by the Chief Electoral Officer are admissible in evidence without further proof.

  • Marginal note:Filmed or electronic evidence

    (7) In any proceedings under this Act, a print that is made from a photographic film or from a document in electronic form made by the Chief Electoral Officer for the purpose of keeping a permanent record of a document, and certified by the Chief Electoral Officer or by a person acting in the name of or under the direction of the Chief Electoral Officer, is admissible in evidence for all purposes for which the recorded document would be admitted as evidence, without proof of the signature or official character of the person appearing to have signed the certificate.

  • Marginal note:Order of Court

    (8) A judge may make an order under subsection (3) on being satisfied by evidence on oath that the inspection or production of a document referred to in that subsection is required for the purpose of instituting or maintaining a prosecution for an offence in relation to an election or for the purpose of an application under subsection 524(1).

  • Marginal note:Conditions of inspections

    (9) An order for the inspection or production of election documents or documents that relate to the updating of the Register of Electors may be made subject to any conditions with respect to persons, time, place and mode of inspection or production that the judge considers appropriate.

  • 2000, c. 9, s. 540
  • 2006, c. 9, s. 136
  • 2014, c. 12, s. 117

Marginal note:Inspection of instructions and other reports

  •  (1) All documents referred to in section 359, 432, 437, 475.4, 476.75, 477.59 or 478.8, all other reports or statements, other than election documents received from election officers, all instructions issued by the Chief Electoral Officer under this Act and all decisions by him or her on points arising under this Act are public records and may be inspected by any person on request during business hours.

  • Marginal note:Extracts

    (2) Any person may take extracts from documents referred to in subsection (1) and is entitled to obtain copies of them on payment of a fee of up to $0.25 per page.

  • Marginal note:Evidence

    (3) Any copies of documents referred to in subsection (1) purporting to be certified by the Chief Electoral Officer are admissible in evidence without further proof.

  • 2000, c. 9, s. 541
  • 2003, c. 19, s. 64
  • 2014, c. 12, s. 118
  • 2018, c. 31, s. 370

Fees and Expenses of Election Officers

Marginal note:Tariff

  •  (1) On the recommendation of the Chief Electoral Officer, the Governor in Council may make a tariff fixing or providing for the determination of fees, costs, allowances and expenses to be paid and allowed to returning officers and other persons employed at or in relation to elections under this Act.

  • Marginal note:Treasury Board directive

    (1.1) The tariff may incorporate by reference any Treasury Board directive regarding travel and living expenses, as it is amended from time to time.

  • Marginal note:Effective date

    (2) The Governor in Council may specify that a tariff made under subsection (1) has effect as of a day that is before the one on which it is made.

  • Marginal note:Copy to House of Commons

    (3) A copy of a tariff made under subsection (1) and of any amendment made to one shall be laid before the House of Commons on any of the first 15 days on which that House is sitting after the making of the tariff or amendment.

  • Marginal note:Payment of additional sums

    (4) If it appears to the Chief Electoral Officer that the fees, costs, allowances and expenses provided for by a tariff under subsection (1) are not sufficient remuneration for the services required to be performed at an election or that a claim for any necessary service performed or for materials supplied for or at an election is not covered by the tariff, the Chief Electoral Officer may authorize the payment of any sum or additional sum for the services or materials that he or she considers just and reasonable.

  • 2000, c. 9, s. 542
  • 2014, c. 12, s. 119

Marginal note:Payment of claims

 All claims that relate to the conduct of an election shall be paid by electronic payment credited to the accounts of persons who are entitled to payment or by separate cheques issued from the office of the Receiver General and sent directly to such persons.

  • 2000, c. 9, s. 543
  • 2014, c. 12, s. 120

Marginal note:Accountable advance

  •  (1) An accountable advance may be made to an election officer to defray office and other incidental expenses in any amount that may be approved under the tariff made under subsection 542(1).

  • Marginal note:Preparation of accounts

    (2) A returning officer shall prepare, in the prescribed form, all accounts to be submitted by the returning officer to the Chief Electoral Officer and is responsible for their correctness.

 [Repealed, 2014, c. 12, s. 121]

Marginal note:Taxation of accounts

  •  (1) The Chief Electoral Officer shall, in accordance with the tariff made under subsection 542(1), tax all accounts that relate to the conduct of an election and transmit them without delay to the Receiver General.

  • Marginal note:Rights saved

    (2) Despite subsection (1), the rights, if any, of claimants to compel payment or further payment by process of law remain unimpaired.

Notice

Marginal note:Giving of notices

  •  (1) When any election officer is by this Act authorized or required to give a public notice and no special mode of notification is indicated, the notice may be in the form and given in the manner established by the Chief Electoral Officer.

  • Marginal note:Posting of notices, etc.

    (2) Notices and other documents required by this Act to be posted may be posted despite any law of Canada or of a province or any municipal ordinance or by-law.

Marginal note:Prohibition — removal of notices

  •  (1) No person shall, without authority, remove, cover up or alter any Notice of Election or other document that is authorized or required by this Act to be posted.

  • Marginal note:Notice

    (2) A notice that may be easily read — to the effect that it is an offence with severe penalties to remove, cover up or alter the document — shall appear on, or be posted near, a Notice of Election or other document referred to in subsection (1).

 
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