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

Full Document:  

Act current to 2019-08-15 and last amended on 2019-06-13. Previous Versions

PART 3Election Officers (continued)

Returning Officers and Assistant Returning Officers (continued)

Marginal note:List in Canada Gazette

 Between the 1st and 20th days of January in each year, the Chief Electoral Officer shall publish a list in the Canada Gazette of the name, address and occupation of the returning officer for each electoral district in Canada.

  • 2000, c. 9, s. 25
  • 2006, c. 9, s. 175

Marginal note:Assistant returning officer

  •  (1) Without delay after being appointed, a returning officer shall, with the Chief Electoral Officer’s prior approval of the individual proposed to be appointed, appoint an assistant returning officer, who shall hold office at pleasure.

  • Marginal note:Restriction on appointment

    (2) A returning officer shall not appoint his or her spouse, common-law partner, child, mother, father, brother, sister, the child of his or her spouse or common-law partner, or a person who lives with him or her as an assistant returning officer.

  • 2000, c. 9, s. 26, c. 12, s. 40
  • 2018, c. 31, s. 24

Marginal note:Delegation

  •  (1) The returning officer for an electoral district may, with the Chief Electoral Officer’s prior approval, authorize any person acting under his or her direction to exercise any of the powers or perform any of the duties of a returning officer under this Act, except those described in subsection 24(3), sections 62 and 63, subsection 71(1), sections 71.1, 74, 77, 130, 293 to 298 and 300, subsection 301(6) and sections 313 to 316.

  • Marginal note:Authorization in writing

    (2) An authorization under subsection (1) shall be signed and dated by the returning officer.

  • 2000, c. 9, s. 27
  • 2014, c. 12, s. 15
  • 2018, c. 31, s. 25

Marginal note:Notification if returning officer incapacitated

  •  (1) It is the duty of a returning officer or an assistant returning officer to notify the Chief Electoral Officer without delay if the returning officer at any time becomes unable to act.

  • (2) [Repealed, 2006, c. 9, s. 176]

  • Marginal note:Assistant returning officer to act

    (3) Subject to subsection 24(1.5), if a returning officer is absent or unable to act or if a returning officer’s office is vacant, the assistant returning officer shall act in place of the returning officer.

  • Marginal note:Designated person to act — suspension of returning officer

    (3.01) If a returning officer is under suspension during the six months before the day set in accordance with subsection 56.1(2) for the holding of a general election or during any election period that falls in whole or in part outside that six-month period, the Chief Electoral Officer may designate a person to act in the returning officer’s place, and that person may, during and after that period, exercise the powers and perform the duties of a returning officer in relation to that election.

  • Marginal note:Designated person to act — absence of returning and assistant returning officers

    (3.1) If, during the six months before the day set in accordance with subsection 56.1(2) for the holding of a general election or during any election period that falls in whole or in part outside that six-month period, a returning officer is absent or unable to act or a returning officer’s office is vacant and, at the same time, the assistant returning officer is absent or unable to act or the assistant returning officer’s office is vacant, the Chief Electoral Officer shall designate a person to act in place of the returning officer, and that person may, during and after that period, exercise the powers and perform the duties of a returning officer in relation to that election.

  • Marginal note:Appointment within limited period

    (4) When the office of a returning officer becomes vacant, the Chief Electoral Officer shall appoint a new returning officer without delay.

  • Marginal note:Appointment of assistant returning officer

    (5) Every assistant returning officer who is required to act as a returning officer under subsection (3) shall appoint an assistant returning officer without delay.

  • 2000, c. 9, s. 28
  • 2006, c. 9, s. 176
  • 2014, c. 12, s. 16
  • 2018, c. 31, s. 26

Marginal note:Duties of returning officer

  •  (1) A returning officer shall

    • (a) without delay after removing an assistant returning officer from office, notify the assistant returning officer in writing of the removal and send a copy of the notice to the Chief Electoral Officer; and

    • (b) without delay after the death or resignation of an assistant returning officer, notify the Chief Electoral Officer in writing of the death or resignation.

  • Marginal note:Appointment of substitute

    (2) If an assistant returning officer dies, resigns, becomes disqualified or incapable of acting or refuses to act, or is removed from office for any other reason, the returning officer shall without delay appoint a substitute with the Chief Electoral Officer’s prior approval.

  • Marginal note:Tenure of office of assistant returning officer

    (3) When a returning officer ceases to hold office, the assistant returning officer appointed by him or her remains in office until the returning officer’s successor appoints a new assistant returning officer.

  • Marginal note:Resignation by assistant returning officer

    (4) An assistant returning officer who intends to resign shall give written notice to the returning officer or, if the office of returning officer is vacant, to the Chief Electoral Officer.

  • 2000, c. 9, s. 29
  • 2018, c. 31, s. 27

Marginal note:Additional assistant returning officer

  •  (1) On request by a returning officer, the Chief Electoral Officer may designate areas in the returning officer’s electoral district and authorize, in writing, the appointment of an assistant returning officer, in addition to the assistant returning officer appointed under subsection 26(1), for each of those areas.

  • Marginal note:Appointment

    (2) A returning officer shall appoint an additional assistant returning officer and establish an office in each area designated by the Chief Electoral Officer.

  • Marginal note:Delegation limited

    (3) An assistant returning officer appointed under subsection (2) may perform the functions of an assistant returning officer only in respect of the area for which they are appointed.

  • Marginal note:Further limitation

    (4) An assistant returning officer appointed under subsection (2) is not an assistant returning officer for the purposes of subsections 28(1), 60(2), 70(1) and 293(1).

  • 2000, c. 9, s. 30
  • 2018, c. 31, s. 28

Marginal note:Prohibition — acting in another capacity

 No returning officer or assistant returning officer appointed under subsection 26(1) shall act in any other capacity under this Act.

Election Officers Appointed by Returning Officer

Marginal note:Election officers

  •  (1) Subject to subsections (2) and (3) and 33(2) and (3), a returning officer shall, after the issue of the writ, appoint in accordance with the Chief Electoral Officer’s instructions the election officers that the returning officer considers necessary for exercising election officers’ powers and performing election officers’ duties under this Act in the returning officer’s electoral district.

  • Marginal note:Appointment before issue of writ

    (2) A returning officer may, in accordance with the Chief Electoral Officer’s instructions, appoint election officers before the issue of the writ if the returning officer considers that it is desirable to do so for the purpose of training and preparing them to exercise their powers and perform their duties under this Act after the issue of the writ.

  • Marginal note:Maximum number of election officers appointed

    (3) Before the eighth day after the issue of the writ, a returning officer shall not appoint more than half the number of election officers referred to in subsection (1).

  • 2000, c. 9, s. 32
  • 2001, c. 21, s. 3(E)
  • 2018, c. 31, s. 29

 [Repealed, 2018, c. 31, s. 29]

Marginal note:Solicitation of names

  •  (1) As soon as possible after the issue of the writ, a returning officer shall solicit names of persons suitable to be election officers from the candidates of registered parties that endorsed candidates in the last election in the electoral district or from the registered associations of those registered parties — or, if such a registered party has no registered association in that electoral district, from that registered party.

  • Marginal note:Persons whose names are provided to be appointed

    (2) If the number of names provided under subsection (1) within seven days after the issue of the writ is less than, or equal to, the number of election officers remaining to be appointed under subsection 32(1) after the returning officer has appointed election officers under section 32, the returning officer shall, subject to subsection 37(1), appoint the persons named as election officers.

  • Marginal note:Proportional distribution

    (3) If the number of names provided under subsection (1) within seven days after the issue of the writ is more than the number of election officers remaining to be appointed under subsection 32(1) after the returning officer has appointed election officers under section 32, the returning officer shall, subject to subsection 37(1), appoint from those names the election officers remaining to be appointed as far as possible in the proportion of the votes received in the last election in the electoral district by the candidates of the registered parties whose candidates or registered associations provided names under subsection (1), or that themselves provided names under that subsection, as the case may be.

  • Marginal note:Removal or replacement

    (4) If a returning officer removes or replaces an election officer, the former election officer shall return all election documents and election materials in his or her possession to the returning officer or to an authorized person.

  • Marginal note:Lists of election officers

    (5) Each returning officer shall make available to each candidate, on completion of the list, a list of the election officers for the electoral district who will be responsible for assisting the returning officer or assistant returning officer in the revision of lists of electors under Part 7.

  • Marginal note:Identification

    (6) Each election officer shall, while exercising his or her powers or performing his or her duties, wear or carry the identification that is supplied by the Chief Electoral Officer and shall show it on request.

  • 2000, c. 9, s. 33
  • 2018, c. 31, s. 29
 
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