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

Marginal note:Filing of nomination paper

• 67 (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.

Marginal note:Party may endorse only one candidate per district

• 68 (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).

Marginal note:Closing day for nominations

69 The closing day for nominations shall be Monday, the 21st day before polling day.

Marginal note:Hours of attendance

• 70 (1) The returning officer and the assistant returning officer shall attend between noon and 2:00 p.m. on the closing day for nominations at the office of the returning officer in order that the returning officer may receive nominations for prospective candidates who have not yet filed their nomination papers.

• Marginal note:Close of nominations

  (2) No nomination may be received from any person who enters the office of the returning officer after 2:00 p.m. on the closing day for nominations.

• Marginal note:Designated filing place

  (3) The returning officer may authorize a person to receive — or examine, in the case of paragraph (b) — the following in any place designated by the returning officer:

  • (a) the nomination paper;

  • (b) the piece or pieces of identification referred to in paragraphs 67(2)(a) and (b);

  • (c) the documents referred to in subsection 67(4);

  • (d) the statement referred to in subsection 67(6); and

  • (e) the copy or copies of the piece or pieces of identification referred to in paragraphs 67(8)(a) and (b).

Marginal note:Notice to candidate of confirmation or refusal

• 71 (1) The returning officer shall, not later than 48 hours after a nomination paper is filed, give the prospective candidate notice, in the prescribed form, of the confirmation of the nomination or of the refusal to accept the nomination.

• Marginal note:Verification of nomination papers

  (2) Before giving confirmation of a nomination or refusing to accept one, the returning officer shall verify, in accordance with the instructions of the Chief Electoral Officer,

  • (a) that the prospective candidate’s identity has been proven by the piece or pieces of identification provided under subsection 67(2) or the copy or copies filed under subsection 67(8), as the case may be;

  • (a.1) that the nomination paper is complete, including having at least the number of signatures referred to in paragraph 66(1)(e) or (f), as the case may be;

  • (b) that the signatures referred to in paragraph 66(1)(e) or (f) are those of electors who are entitled to vote in the electoral district in which the prospective candidate intends to seek nomination; and

  • (c) that the political party named in the nomination paper as having endorsed the prospective candidate has done so, as evidenced by the information provided under paragraph 68(3)(a) in respect of that prospective candidate.

• Marginal note:Correction or replacement

  (3) A nomination paper that a returning officer has refused to accept may be replaced by another nomination paper or may be corrected if the new or corrected nomination paper is filed with the returning officer by the close of nominations.

Marginal note:Name prospective candidate commonly known by — determination

• 71.1 (1) If a nomination paper includes a name referred to in subparagraph 66(1)(a)(i.1) and documents have been filed under subsection 67(4) in respect of the prospective candidate, then the returning officer shall determine, in accordance with the Chief Electoral Officer’s instructions, whether the documents prove that the prospective candidate is commonly known by that name.

• Marginal note:Confusion with name of political party — determination

  (2) If the returning officer determines that the documents prove that the prospective candidate is commonly known by that name, but in the returning officer’s opinion the name could be confused with the name of a political party, he or she shall notify the Chief Electoral Officer, who shall determine whether the name could be confused with one and shall inform the returning officer of the determination.

• Marginal note:Name to appear on ballot

  (3) The name referred to in subparagraph 66(1)(a)(i.1) shall be the name that appears on the ballot in respect of the prospective candidate unless

  • (a) the returning officer determines under subsection (1) that the documents filed under subsection 67(4) do not prove that the prospective candidate is commonly known by that name; or

  • (b) the Chief Electoral Officer determines under subsection (2) that the name could be confused with the name of a political party.

• Marginal note:Clarification

  (4) For greater certainty, if the name referred to in subparagraph 66(1)(a)(i.1) is not, under subsection (3), the name that is to appear on the ballot in respect of the prospective candidate, then the name that is to appear on the ballot in respect of the prospective candidate shall be the name referred to in subparagraph 66(1)(a)(i).

• Marginal note:Notice of name to appear on ballot

  (5) The returning officer shall, not later than 48 hours after the nomination paper is filed, give the prospective candidate notice, in the prescribed form, of whether the name referred to in subparagraph 66(1)(a)(i.1) is the name that is to appear on the ballot in respect of the prospective candidate.

72 [Repealed, 2018, c. 31, s. 59]

Marginal note:Electronic filing

• 73 (1) A person who files a nomination paper or any other document under section 67 may do so by electronic means. In order for the nomination to be valid, the returning officer must receive the document in electronic form by the close of nominations.

• Marginal note:Proof of identity

  (1.1) If a prospective candidate files the nomination paper under section 67 by electronic means, he or she may, to prove his or her identity, file by electronic means the copy or copies referred to in paragraph 67(8)(a) or (b). If the prospective candidate does so, he or she need not provide proof of his or her identity under subsection 67(2).

• Marginal note:Cancellation of nomination

  (2) If the original documents are not received on time, the returning officer shall cancel the nomination unless the person in respect of whom the nomination paper was filed satisfies the returning officer that all reasonable measures were taken to ensure that the original documents were received on time.

Marginal note:Withdrawal of candidate

• 74 (1) A candidate may withdraw at any time before 5:00 p.m. on the closing day for nominations by filing, in person, with the returning officer a statement in writing to that effect signed by the candidate and witnessed by two electors who are entitled to vote in the electoral district in which the candidate’s nomination was confirmed.

• Marginal note:Consequences of withdrawal

  (2) When a candidate withdraws under subsection (1), any votes cast for the candidate at the election are void.

Marginal note:Minor corrections

75 A candidate may, before 5:00 p.m. on the closing day for nominations, provide in writing to the returning officer any change that he or she wishes to be made to his or her name, address or occupation as set out in the nomination paper.