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

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

PART 4Register of Electors

Maintenance and Communication of Register

Marginal note:Register of Electors
  •  (1) The Chief Electoral Officer shall maintain a register of Canadians who are qualified as electors, to be known as the Register of Electors.

  • Marginal note:Contents of Register

    (2) The Register of Electors shall contain, for each elector who is included in it, his or her surname, given names, sex, date of birth, civic address, mailing address and any other information that is provided under subsections 49(2), 194(7), 195(7), 223(2), 233(2) and 251(3).

  • Marginal note:Identifier

    (2.1) The Register of Electors must also contain, for each elector, a unique, randomly generated identifier that is assigned by the Chief Electoral Officer.

  • Marginal note:Inclusion optional

    (3) Inclusion in the Register of Electors is at the option of the elector.

  • 2000, c. 9, s. 44;
  • 2001, c. 21, s. 4;
  • 2007, c. 21, s. 4.
Marginal note:Members and registered parties
  •  (1) By November 15 in each year, the Chief Electoral Officer shall send to the member for each electoral district and, on request, to each registered party that endorsed a candidate in the electoral district in the last election, a copy in electronic form — taken from the Register of Electors — of the lists of electors for the electoral district.

  • Marginal note:Contents of lists of electors

    (2) The lists of electors shall set out each elector’s surname, given names, civic address and mailing address, and the identifier that is assigned to the elector by the Chief Electoral Officer and shall be arranged in the form established by the Chief Electoral Officer according to the civic addresses of the electors or, if that is not appropriate, in alphabetical order by their surnames.

  • Marginal note:Exception

    (3) This section does not apply if November 15 falls during an election period or if the vote at a general election was held during the six months before that date.

  • Marginal note:Merger of parties

    (4) For the purpose of subsection (1), a registered party that is the result of a merger of two or more registered parties is deemed to have endorsed a candidate in the last election if one of the merging parties so endorsed a candidate.

  • 2000, c. 9, s. 45;
  • 2007, c. 21, s. 5.

Updating the Register

Marginal note:Sources of information
  •  (1) The Register of Electors shall be updated from

    • (a) information

      • (i) that electors have given the Chief Electoral Officer, or

      • (ii) that is held by a federal department or body and that electors have expressly authorized to be given to the Chief Electoral Officer; and

    • (b) information that the Chief Electoral Officer considers reliable and necessary for updating the surname, given names, sex, date of birth, civic address and mailing address of electors included in the Register of Electors and that

      • (i) is held under an Act of the legislature of a province mentioned in Schedule 2, or

      • (ii) comes from any other source mentioned in Schedule 2.

  • Marginal note:Retention of certain information

    (1.1) The Chief Electoral Officer may retain information collected under paragraph (1)(b), but not included in the Register of Electors, for the purpose of correlating information subsequently collected with information already contained in the Register of Electors.

  • Marginal note:Amendments to Schedule 2

    (2) The Chief Electoral Officer may at any time amend Schedule 2 by adding, changing or deleting the name of an Act of the legislature of a province or of any other source of information, but no such amendment comes into force until notice of it is published in the Canada Gazette.

  • 2000, c. 9, s. 46;
  • 2007, c. 21, s. 6.
Marginal note:Citizenship information

 For the purpose of assisting the Chief Electoral Officer in updating the Register of Electors, the Minister of National Revenue may, on a return of income referred to in subsection 150(1) of the Income Tax Act, request that an individual who is filing a return of income under paragraph 150(1)(d) of that Act indicate in the return whether he or she is a Canadian citizen.

  • 2007, c. 21, s. 7.
Marginal note:Information in respect of deceased individuals

 For the purpose of updating the Register of Electors, the Minister of National Revenue shall, at the request of the Chief Electoral Officer, provide the name, date of birth and address of any individual to whom paragraph 150(1)(b) of the Income Tax Act applies if that individual has, in his or her last return of income filed under paragraph 150(1)(d) of that Act, authorized that Minister to provide his or her name, date of birth and address to the Chief Electoral Officer for the Register of Electors.

  • 2007, c. 21, s. 7.
Marginal note:Duty of returning officer

 During the election period, each returning officer shall update the Register of Electors from the information that he or she obtains under this Act, other than information in relation to an elector with respect to whom an application has been granted under subsection 233(1.1).

Marginal note:Other duties

 Between election periods, a returning officer shall perform any duties related to the updating of the Register of Electors that are requested by the Chief Electoral Officer.

  • 2007, c. 21, s. 8.
Marginal note:New electors
  •  (1) The Chief Electoral Officer shall, before including a new elector in the Register of Electors, send the elector the Chief Electoral Officer’s information relating to him or her and ask if he or she wishes to be included in the Register of Electors.

  • Marginal note:Obligation of elector

    (2) A new elector who wishes to be included in the Register of Electors shall confirm, correct or complete the information, in writing, and give it to the Chief Electoral Officer along with a signed certification that he or she is qualified as an elector under section 3.

  • Marginal note:Exceptions

    (3) This section does not apply in respect of the inclusion of a new elector

    • (a) at the elector’s request; or

    • (b) based on lists of electors established under provincial law, if those lists contain the information that the Chief Electoral Officer considers sufficient for the inclusion of the elector.

Marginal note:Listing requests
  •  (1) Any person may at any time request the Chief Electoral Officer to include him or her in the Register of Electors, by providing

    • (a) a signed certification that he or she is qualified as an elector;

    • (b) his or her surname, given names, sex, date of birth, civic address and mailing address; and

    • (c) satisfactory proof of identity.

  • Marginal note:Optional information

    (2) In addition to the information referred to in subsection (1), the Chief Electoral Officer may invite the elector to give any other information that the Chief Electoral Officer considers necessary to implement any agreements entered into under section 55, but the elector is not required to do so.

Marginal note:Corrections

 An elector may give the Chief Electoral Officer changes to the information in the Register of Electors relating to the elector, and the Chief Electoral Officer shall make the necessary corrections to the Register of Electors.

Marginal note:Verification

 The Chief Electoral Officer may at any time

  • (a) contact an elector to verify the Chief Electoral Officer’s information relating to him or her; and

  • (b) request the elector to confirm, correct or complete the information within 60 days after receiving the request.

Marginal note:Deletion of names
  •  (1) The Chief Electoral Officer shall delete from the Register of Electors the name of any person who

    • (a) is dead;

    • (b) is not an elector; or

    • (c) requests in writing to have his or her name deleted;

    • (d) is under a court-ordered protective regime, including guardianship, tutorship or curatorship, and whose authorized representative under the regime requests in writing that the person’s name be deleted.

  • Marginal note:Conditions

    (1.1) A person’s name may be deleted under paragraph (1)(d) only if the authorized representative has provided the Chief Electoral Officer with a copy of the court order and satisfactory proof of that representative’s identity.

  • Marginal note:Deletion of name — discretionary

    (2) The Chief Electoral Officer may delete from the Register of Electors the name of any person who fails to comply with a request referred to in paragraph 51(b) within the 60 days.

  • 2000, c. 9, s. 52;
  • 2014, c. 12, s. 23.
 
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