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

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

Deputy Returning Officers and Poll Clerks

Marginal note:Deputy returning officers
  •  (1) Each deputy returning officer referred to in paragraph 32(b) or (c) shall be appointed from lists of names of suitable persons provided by the candidate of the registered party whose candidate finished first in the electoral district in the last election or by the registered association of that registered party or, if there is no registered association, by that registered party.

  • Marginal note:Replacing deputies

    (2) A returning officer may, at any time, remove a deputy returning officer.

  • 2000, c. 9, s. 34;
  • 2014, c. 12, s. 18.
Marginal note:Poll clerks
  •  (1) Each poll clerk referred to in paragraph 32(b) or (c) shall be appointed from lists of names of suitable persons provided by the candidate of the registered party whose candidate finished second in the electoral district in the last election or by the registered association of that registered party or, if there is no registered association, by that registered party.

  • Marginal note:Replacing poll clerks

    (2) A returning officer may, at any time, remove a poll clerk.

  • 2000, c. 9, s. 35;
  • 2014, c. 12, s. 19.
Marginal note:Appointment

 A returning officer shall proceed to appoint deputy returning officers and poll clerks from other sources if, by the 24th day before polling day, none of the candidate, the registered association and the registered party has made a recommendation or all three have not, as a group, recommended a sufficient number of suitable persons.

  • 2000, c. 9, s. 36;
  • 2014, c. 12, s. 20.
Marginal note:Refusal to appoint
  •  (1) A returning officer may, on reasonable grounds, refuse to appoint a deputy returning officer or a poll clerk recommended by a candidate, a registered association or a registered party and shall immediately advise the candidate, registered association or registered party of the refusal.

  • Marginal note:Recommendation of another person

    (2) If as a result of the refusal a position is not filled, the candidate, registered association or registered party may, within 24 hours after being advised of the refusal, recommend another person and, if no one is recommended, the returning officer shall proceed to appoint another person whose name is solicited from another source.

  • 2000, c. 9, s. 37;
  • 2014, c. 12, s. 20.
Marginal note:Replacement for deputy returning officer
  •  (1) When the office of deputy returning officer is vacant or if the deputy returning officer is unable or unwilling to act, and the returning officer has not appointed a replacement, the poll clerk shall act as deputy returning officer without taking another oath.

  • Marginal note:Another poll clerk appointed

    (2) When a poll clerk acts as deputy returning officer, the poll clerk shall, in the prescribed form, appoint a person to act as poll clerk.

Registration Officers

Marginal note:Registration desks
  •  (1) The returning officer shall establish one or more registration desks in accordance with the instructions of the Chief Electoral Officer.

  • Marginal note:Appointment of registration officers

    (2) The returning officer shall appoint, for each registration desk, a registration officer to receive, on polling day, the applications for registration of electors whose names are not on the list of electors.

  • Marginal note:Solicitation of names

    (3) Before appointing registration officers, the returning officer shall solicit names of suitable persons from the candidates of the registered parties whose candidates finished first and second in the last election in the electoral district or from registered associations of those registered parties or, if there are no registered associations, from those registered parties. If, by the 24th day before polling day, a sufficient number of names of suitable persons is not provided by those candidates, registered associations or registered parties, the returning officer may solicit names from other sources.

  • Marginal note:Equal distribution of appointments

    (4) The returning officer shall, as far as possible,

    • (a) appoint half of the registration officers from among the persons recommended under subsection (3) by the candidate of the registered party whose candidate finished first in the last election in the electoral district or by the registered association of that registered party or, if there is no registered association, by that registered party; and

    • (b) appoint half of the registration officers from among the persons recommended under subsection (3) by the candidate of the registered party whose candidate finished second in the last election in the electoral district or by the registered association of that registered party or, if there is no registered association, by that registered party.

    If the candidate, registered association and registered party do not, as a group, provide a sufficient number of names of suitable persons, the registered party’s remaining share of the appointments shall be made from among the names solicited by the returning officer from other sources.

  • 2000, c. 9, s. 39;
  • 2014, c. 12, s. 21.

Equality of Votes

Marginal note:List of names to be provided

 The registered parties that have the right to provide the returning officer with lists of names of suitable persons to be appointed as election officers for the purposes of a by-election under subsection 29(1.1) of the Parliament of Canada Act because of an equality of votes are the same registered parties as those who had that right for the purposes of the election that resulted in the equality of votes.

New Electoral Districts

Marginal note:Results transposed
  •  (1) When a new electoral district is established, the Chief Electoral Officer shall transpose the results from the previous general election to the polling divisions that are in the new electoral district in order to determine which registered parties’ candidates, registered associations or registered parties have the right to provide the returning officer for that electoral district with lists of persons to be appointed as election officers.

  • Marginal note:Special case

    (2) If the Chief Electoral Officer cannot transpose the results from the previous general election to a portion of the new electoral district because no candidate was returned in respect of that portion due to an equality of votes, the Chief Electoral Officer shall transpose the results from the by-election that was subsequently held under subsection 29(1.1) of the Parliament of Canada Act in respect of that portion.

  • Marginal note:Exception

    (3) If, in a case to which subsection (2) applies, a general election is held before the by-election, the registered parties that have the right to provide the returning officer with lists of names of suitable persons to be appointed as election officers in respect of that general election are the same registered parties as those that had that right for the purposes of the election that resulted in the equality of votes.

  • Marginal note:Notice

    (4) When the Chief Electoral Officer has determined which candidates, registered associations or registered parties have the right to provide lists of names under subsection (1), (2) or (3), he or she shall notify those registered parties without delay of that right.

  • 2000, c. 9, s. 41;
  • 2014, c. 12, s. 22.

Merger of Registered Parties

Marginal note:Attribution of votes for appointments

 For the purposes of subsections 33(1) and (2), 34(1), 35(1) and 39(3) and (4) and section 41, in determining whether the candidate of a registered party finished first or second in the last election in a case where the registered party is the result of a merger with two or more parties that were registered parties at that election, there shall be attributed to the candidate of the merged party the number of votes of the candidate of the merging party with the largest number of votes at that election.

Prohibitions

Marginal note:Prohibitions

 No person shall

  • (a) wilfully obstruct an election officer in the performance of his or her duties;

  • (b) without authority, use identification simulating that used by a revising agent or intended to replace that prescribed by the Chief Electoral Officer for that purpose; or

  • (c) having been replaced as an election officer, fail to give to their replacement or to an authorized person any election documents or other election materials that the person has received or prepared in the performance of his or her duties.

Marginal note:Right of access
  •  (1) No person who is in control of an apartment building, condominium building or other multiple-residence building or a gated community may prevent an election officer or a member of the staff of a returning officer from obtaining access to the building or gated community, as the case may be, between 9:00 a.m. and 9:00 p.m., to perform his or her duties under this Act.

  • Marginal note:Exception

    (2) Subsection (1) does not apply in respect of a person who is in control of a multiple-residence building whose residents’ physical or emotional well-being may be harmed as a result of permitting the activities referred to in that subsection.

  • 2007, c. 21, s. 3.
 
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