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

Act current to 2017-11-20 and last amended on 2016-01-01. Previous Versions

Marginal note:Examination by returning officer
  •  (1) When an objection is made under subsection 103(1), the returning officer may examine on oath the elector who made the objection, the person against whom it was made — if that person wishes to present their position — and any witness present, and make a decision on the basis of the information so obtained.

  • Marginal note:Evidence

    (2) The onus of presenting sufficient evidence to warrant the deletion of a name from a list of electors is on the elector who makes the objection.

  • Marginal note:Elector to substantiate case

    (3) The non-attendance before the returning officer at the time an objection is dealt with, or the failure of the person against whom the objection is made to send proof that he or she is entitled to vote in the electoral district, does not relieve the elector who makes the objection from proving, to the returning officer on a balance of probabilities, that the name of the person objected to should not appear on the list of electors.

  • Marginal note:Outcome of objection

    (4) After an objection is dealt with by the returning officer, he or she shall either delete the name of the person objected to from the list of electors on which the name appears or allow the name to stay on that list.

Updated Preliminary Lists of Electors

Marginal note:Distribution of lists

 Each returning officer shall, on the 19th day before polling day, distribute to each candidate in the electoral district who requests it, one copy in electronic form of the most current preliminary lists of electors for that electoral district.

  • 2007, c. 21, s. 17.

Revised Lists of Electors and Official Lists of Electors

Marginal note:Revised list of electors
  •  (1) Each returning officer shall, on the 11th day before polling day, prepare a revised list of electors for each polling division in the electoral district for use at the advance poll.

  • Marginal note:Publication of revised lists

    (2) The Chief Electoral Officer shall, not later than the 7th day before polling day, determine the number of names appearing on the revised lists of electors for each electoral district and cause that information to be published in the Canada Gazette.

Marginal note:Official list of electors

 Each returning officer shall, without delay after the 7th day before polling day but no later than the 3rd day before polling day, prepare the official list of electors for each polling division for use on polling day.

  • 2000, c. 9, s. 106;
  • 2014, c. 12, s. 36.
Marginal note:Form of lists
  •  (1) The revised list of electors and official list of electors for each polling division shall be in the form established by the Chief Electoral Officer.

  • Marginal note:Transmittal of list

    (2) Each returning officer shall deliver to each deputy returning officer the revised list of electors or official list of electors, as the case may be, that the deputy returning officer needs to conduct the vote in his or her respective advance polling station or polling station. The list shall indicate each elector’s sex and year of birth.

  • Marginal note:Transmittal to candidates

    (3) Each returning officer shall deliver to each candidate a printed copy and a copy in electronic form of a version of the revised lists of electors and the official lists of electors that does not indicate an elector’s sex or year of birth.

  • Marginal note:Extra copies

    (4) On the request of a candidate, the returning officer may provide a maximum of four additional printed copies of the revised lists of electors and the official lists of electors.

  • 2000, c. 9, s. 107;
  • 2007, c. 21, s. 18;
  • 2014, c. 12, s. 37.

Merger of Polling Divisions

Marginal note:Merger of polling divisions
  •  (1) After the end of the revision period, the returning officer may, with the prior approval of the Chief Electoral Officer, merge a polling division with an adjacent polling division in the same electoral district.

  • Marginal note:Official list

    (2) The lists of electors for the merging polling divisions are deemed to be the official list of electors for the polling division that results from the merger.

Final Lists of Electors

Marginal note:Final list of electors
  •  (1) The Chief Electoral Officer shall, without delay after polling day, prepare final lists of electors for each electoral district.

  • Marginal note:Delivery of final lists to member and parties

    (2) The Chief Electoral Officer shall deliver a printed copy and a copy in electronic form of the final lists of electors for each electoral district to each registered party that endorsed a candidate in the electoral district and to the member who was elected for the electoral district.

  • Marginal note:Extra copies

    (3) On the request of a registered party or member referred to in subsection (2), the Chief Electoral Officer may provide a maximum of four additional printed copies of the final lists of electors.

  • 2000, c. 9, s. 109;
  • 2001, c. 21, s. 11.

Use of Lists of Electors

Marginal note:Registered parties
  •  (1) A registered party that, under section 45, subsection 93(1.1) or section 109, receives a copy of lists of electors may use the lists for communicating with electors, including using them for soliciting contributions and recruiting party members.

  • Marginal note:Eligible parties

    (1.1) An eligible party that, under subsection 93(1.1), receives a copy of preliminary lists of electors may use the lists for communicating with electors, including using them for soliciting contributions and recruiting party members.

  • Marginal note:Members

    (2) A member who, under section 45 or 109, receives a copy of lists of electors or final lists of electors, respectively, may use the lists for

    • (a) communicating with his or her electors; and

    • (b) in the case of a member of a registered party, soliciting contributions for the use of the registered party and recruiting party members.

  • Marginal note:Candidates

    (3) A candidate who receives a copy of the preliminary lists of electors under section 94 or 104.1, or a copy of the revised lists of electors or the official lists of electors under subsection 107(3), may use the lists for communicating with his or her electors during an election period, including using them for soliciting contributions and campaigning.

  • 2000, c. 9, s. 110;
  • 2007, c. 21, s. 19;
  • 2014, c. 12, s. 38.

Prohibitions

Marginal note:Prohibitions in relation to lists of electors

 No person shall

  • (a) wilfully apply to be included in a list of electors in a name that is not his or her own;

  • (b) wilfully apply, except as authorized by this Act, to be included in a list of electors for a polling division if he or she is already included in a list of electors for another polling division, which list was prepared for use at the same election;

  • (c) wilfully apply, except as authorized by this Act, to be included in a list of electors for a polling division in which the person is not ordinarily resident;

  • (d) apply to have included in a list of electors for an electoral district the name of a person, knowing that the person is not qualified as an elector or entitled to vote in the electoral district;

  • (d.1) compel, induce or attempt to compel or induce any other person to make a false or misleading statement relating to that other person’s qualification as an elector for the purposes of the inclusion of that other person’s name in a list of electors;

  • (e) wilfully apply to have included in a list of electors the name of an animal or thing; or

  • (f) knowingly use personal information that is recorded in a list of electors for a purpose other than

    • (i) to enable registered parties, eligible parties, members or candidates to communicate with electors in accordance with section 110, or

    • (ii) a federal election or referendum.

  • 2000, c. 9, s. 111;
  • 2014, c. 12, s. 39.

PART 8Preparation for the Vote

List of Deputy Returning Officers

Marginal note:List of deputies to candidates
  •  (1) A returning officer shall, at least three days before polling day, post in his or her office, and provide to each candidate or candidate’s representative, a list of the names and addresses of all the deputy returning officers and poll clerks appointed to act in the electoral district, with the number of the polling station at which each is to act.

  • Marginal note:Access to list

    (2) The returning officer shall permit access to, and give full opportunity for the inspection of, the list referred to in subsection (1) by interested persons at any reasonable time.

 
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