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

Full Document:  

Act current to 2021-10-07 and last amended on 2021-06-29. Previous Versions

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    • (d) [Repealed, 2018, c. 31, s. 20]

    • (e) [Repealed, 2018, c. 31, s. 20]

    • (f) [Repealed, 2018, c. 31, s. 20]

    • (g) [Repealed, 2018, c. 31, s. 20]

    • (g.1) [Repealed, 2018, c. 31, s. 20]

    • (h) [Repealed, 2018, c. 31, s. 20]

    • (i) [Repealed, 2018, c. 31, s. 20]

    • (j) [Repealed, 2018, c. 31, s. 20]

    • (k) [Repealed, 2018, c. 31, s. 20]

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

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

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

    • (o) [Repealed, 2018, c. 31, s. 20]

  • 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 paragraph (1)(a.1) or (b) must reside in the electoral district in which he or she is to exercise powers or perform duties under this Act or in an adjacent electoral district.

  • Marginal note:Election officers younger than 18

    (5) Despite subsection (4), an election officer appointed under section 32 may be under 18 years of age but must be at least 16 years of age.

  • 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

Marginal note:Solemn declaration

  •  (1) Before assuming duties, an election officer shall make, in writing, a solemn declaration, in the prescribed form, that he or she will exercise the powers and perform the duties of the office in an impartial manner.

  • Marginal note:Prohibition

    (2) No election officer shall communicate information, or use personal information, that is obtained in the course of exercising his or her powers or performing his or her duties under this Act, other than for a purpose related to the exercise of those powers or the performance of those duties.

  • Marginal note:Sending of solemn declarations

    (3) The returning officer shall send his or her solemn declaration and that of the assistant returning officer without delay to the Chief Electoral Officer.

Marginal note:Unsolicited calls

 An election officer shall not communicate with the public by the use of calls, as defined in section 348.01, that are unsolicited.

  • 2014, c. 12, s. 13

Field Liaison Officers

Marginal note:Appointment of field liaison officers

  •  (1) The Chief Electoral Officer may appoint a field liaison officer in respect of a given geographical area in accordance with the process established under subsection (2) and may remove him or her only in accordance with the procedure established under that subsection.

  • Marginal note:Qualifications

    (2) The Chief Electoral Officer shall prescribe the qualifications for the appointment of persons as field liaison officers and shall establish for field liaison officers an external appointment process as defined in subsection 2(1) of the Public Service Employment Act on the basis of merit and a fair procedure for their removal on the grounds set out in subsection (9).

  • Marginal note:Meaning of merit

    (3) The appointment of a person as a field liaison officer is made on the basis of merit if the Chief Electoral Officer is satisfied that the person meets the essential qualifications for the work to be performed and has regard to

    • (a) any additional qualifications that the Chief Electoral Officer considers to be an asset for the work to be performed; and

    • (b) any current or future operational requirements.

  • Marginal note:Period of appointment

    (4) A field liaison officer shall be appointed for the period determined by the Chief Electoral Officer.

  • Marginal note:Re-appointment

    (5) The Chief Electoral Officer may re-appoint any field liaison officer who has performed the functions of a field liaison officer in a satisfactory manner, regardless of whether or not other persons are considered for the appointment.

  • Marginal note:Continuation in office

    (6) A field liaison officer may, with the Chief Electoral Officer’s approval, continue in office after the expiry of the period referred to in subsection (4) until the field liaison officer is re-appointed or another person is appointed to the office.

  • Marginal note:Responsibilities

    (7) A field liaison officer is responsible, under the Chief Electoral Officer’s general direction, in respect of the geographical area to which they are assigned, for

    • (a) providing support to returning officers;

    • (b) acting as an intermediary between the returning officers and the Office of the Chief Electoral Officer; and

    • (c) on the Chief Electoral Officer’s request, providing support in relation to the appointment of returning officers.

  • Marginal note:No partisan conduct

    (8) No field liaison officer shall knowingly engage in politically partisan conduct and in particular shall not make a contribution to a nomination contestant, a candidate or a leadership contestant or belong to or make a contribution to, be an employee of or hold a position in, a registered party, an eligible party or an electoral district association.

  • Marginal note:Removal from office

    (9) The Chief Electoral Officer may remove from office any field liaison officer who

    • (a) is incapable, by reason of illness, disability or otherwise, of satisfactorily exercising their powers or performing their duties under this Act;

    • (b) fails to competently exercise a field liaison officer’s powers or competently perform a field liaison officer’s duties under this Act or to comply with an instruction of the Chief Electoral Officer issued under paragraph 16(c); or

    • (c) contravenes subsection (8), whether or not the contravention occurs in the exercise of their powers or the performance of their duties under this Act.

 
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