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

Full Document:  

Act current to 2021-06-28 and last amended on 2019-06-13. Previous Versions

PART 6Candidates

Qualifications

Marginal note:Ineligible candidates

 The following persons are not eligible to be a candidate:

  • (a) a person who is not qualified as an elector on the date on which his or her nomination paper is filed;

  • (b) a person who is disentitled under paragraph 502(3)(a) while they are so disentitled;

  • (c) a member of the legislative assembly of a province;

  • (d) [Repealed, 2018, c. 31, s. 52]

  • (e) the Chief Electoral Officer;

  • (f) a judge appointed by the Governor in Council, other than a citizenship judge appointed under the Citizenship Act;

  • (g) a person who is imprisoned in a correctional institution;

  • (h) an election officer; and

  • (i) a person who was a candidate in a previous election and for whom a return, report, document or declaration has not been provided under subsection 477.59(1), if the time and any extension for providing it have expired.

Nomination of Candidates

Marginal note:Manner of nomination

  •  (1) A nomination paper shall be in the prescribed form and include

    • (a) a solemn declaration, in the prescribed form, made by the prospective candidate of

      • (i) his or her name, address and occupation,

      • (i.1) any other name by which he or she is commonly known — other than a name that could be confused with the name of a political party — and that he or she wishes to appear on the ballot instead of the name referred to in subparagraph (i),

      • (ii) the address designated by the prospective candidate for service of documents under this Act,

      • (iii) the name and address of the prospective candidate’s official agent,

      • (iv) the auditor’s name, address and occupation, if the prospective candidate has appointed an auditor under subsection 477.1(2),

      • (v) the name of the political party that has endorsed the prospective candidate or, if none, the prospective candidate’s choice to either have the word “independent” or no designation of political affiliation under his or her name in election documents, and

      • (vi) if the prospective candidate’s statement includes the name of a political party that has endorsed him or her but the returning officer is unable to verify, under paragraph 71(2)(c), that the party has done so, the prospective candidate’s choice of either one of the two options referred to in subparagraph (v) or the withdrawal of his or her nomination paper;

    • (b) a statement signed by the prospective candidate consenting to the nomination;

    • (c) [Repealed, 2018, c. 31, s. 53]

    • (d) a statement signed by the official agent consenting to act in that capacity;

    • (e) for any electoral district except one listed in Schedule 3, the names, addresses and signatures, made in the presence of a witness, of at least 100 electors resident in the electoral district;

    • (f) for an electoral district listed in Schedule 3, the names, addresses and signatures, made in the presence of a witness, of at least 50 electors resident in the electoral district;

    • (g) the name, address and signature of the witness to each signature made under paragraph (e) or (f); and

    • (h) if applicable, a signed statement by the prospective candidate setting out the name of the person who is authorized by the prospective candidate under subsection 67(7).

  • Marginal note:Particulars of candidates — name

    (2) For the purpose of subparagraphs (1)(a)(i) and (i.1), the name shall not include any title, degree or other prefix or suffix.

  • Marginal note:Particulars of candidates — occupation

    (3) For the purpose of subparagraph (1)(a)(i), the occupation shall be stated briefly and shall correspond to the occupation by which the prospective candidate is known.

  • Marginal note:Witness ensures signatures are local electors’

    (4) A witness to a signature referred to in paragraph (1)(e) or (f) shall use due diligence to ensure that the signatures that are made in his or her presence are all made by electors resident in the electoral district.

  • 2000, c. 9, s. 66
  • 2001, c. 21, s. 7
  • 2014, c. 12, s. 26
  • 2018, c. 31, s. 53

Marginal note:Filing of nomination paper

  •  (1) A prospective candidate shall file the nomination paper with the returning officer in the electoral district in which the prospective candidate is seeking nomination at any time between the date of the issue of the Notice of Election and the close of nominations.

  • Marginal note:Proof of identity — prospective candidate

    (2) A prospective candidate who personally files his or her nomination paper shall provide the returning officer with the following proof of his or her identity:

    • (a) one piece of identification issued by a Canadian government, whether federal, provincial or local, or an agency of such a government, that contains a photograph of the prospective candidate and his or her name referred to in subparagraph 66(1)(a)(i); or

    • (b) two pieces of identification of a type authorized under subsection (3), each of which establishes that name.

  • Marginal note:Authorized types of identification

    (3) The Chief Electoral Officer may authorize types of identification for the purposes of subsections (2) and (8). For greater certainty, any document may be authorized, regardless of who issued it.

  • Marginal note:Name prospective candidate commonly known by — documents

    (4) If a prospective candidate wishes a name referred to in subparagraph 66(1)(a)(i.1) to appear on the ballot instead of the name referred to in subparagraph 66(1)(a)(i), he or she shall file with the returning officer documents of a type authorized under subsection (5) as proof that he or she is commonly known by that name.

  • Marginal note:Authorized types of documents

    (5) The Chief Electoral Officer may authorize types of documents for the purposes of subsection (4).

  • Marginal note:Auditor’s consent

    (6) If a prospective candidate has appointed an auditor, the prospective candidate shall file with the returning officer by the close of nominations a statement signed by the auditor consenting to act in that capacity.

  • Marginal note:Authorized person

    (7) A prospective candidate may authorize another person to carry out, on the prospective candidate’s behalf, any of the prospective candidate’s obligations under subsections (1), (4) and (6).

  • Marginal note:Proof of identity — authorized person

    (8) A person authorized under subsection (7) who files a nomination paper on behalf of a prospective candidate shall file on the prospective candidate’s behalf with the returning officer, together with the nomination paper, the following proof of the prospective candidate’s identity:

    • (a) a copy, signed by the prospective candidate, of one piece of identification issued by a Canadian government, whether federal, provincial or local, or an agency of such a government, that contains a photograph of the prospective candidate and his or her name referred to in subparagraph 66(1)(a)(i); or

    • (b) a copy, signed by the prospective candidate, of each of two pieces of identification of a type authorized under subsection (3), each of which establishes that name.

  • 2000, c. 9, s. 67
  • 2001, c. 21, s. 8
  • 2014, c. 12, s. 27
  • 2015, c. 37, ss. 2, 6
  • 2018, c. 31, s. 54

Marginal note:Party may endorse only one candidate per district

  •  (1) A political party may endorse only one prospective candidate in each electoral district for a given election.

  • Marginal note:New endorsement

    (2) If, with respect to a particular electoral district, a candidate who has been endorsed by a political party dies before 2:00 p.m. on the 5th day before the closing day for nominations or withdraws in accordance with subsection 74(1), the party may endorse another candidate in that electoral district before the close of nominations.

  • Marginal note:Names of endorsed candidates

    (3) The chief agent of a political party shall provide the Chief Electoral Officer, no later than 24 hours before the close of nominations, with

    • (a) the name of every prospective candidate who has been endorsed by the party;

    • (b) the electoral district in which the prospective candidate intends to be a candidate; and

    • (c) the name of the person or persons who endorsed the prospective candidate on the party’s behalf.

  • Marginal note:Information to returning officers

    (4) As soon as feasible after receiving the information set out in paragraphs (3)(a) to (c), but no later than the close of nominations, the Chief Electoral Officer shall provide the information to the returning officer of the electoral district referred to in paragraph (3)(b).

 
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