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

Full Document:  

Act current to 2021-06-28 and last amended on 2019-06-13. Previous Versions

PART 21General (continued)

Solemn Declarations and Affidavits

Marginal note:Administration of solemn declarations and affidavits

  •  (1) Solemn declarations and affidavits referred to in this Act are to be received by the person who by this Act is expressly required to receive them and, if there is no such person, then by the Chief Electoral Officer or a person designated by him or her in writing, a judge, an election officer, a unit election officer as defined in section 177, a notary public, a provincial court judge, a justice of the peace or a commissioner for taking oaths in the province.

  • Marginal note:No fees for solemn declaration or affidavit

    (2) All solemn declarations and affidavits received under this Act are to be received free of charge.

  • Marginal note:Making false declaration in solemn declaration or affidavit

    (3) No person shall make a false declaration in a solemn declaration or affidavit that is provided for by this Act.

  • Marginal note:Compelling or inducing false declaration

    (4) No person shall compel, induce or attempt to compel or induce any other person to make a false declaration in a solemn declaration or affidavit that is provided for by this Act.

Marginal note:Solemn declaration — voting

  •  (1) For the purposes of subsections 143(3) and (3.2), sections 144 and 147 and paragraphs 161(1)(b) and 169(2)(b), the solemn declaration by which an elector proves his or her identity and residence, proves his or her residence only, proves that he or she is qualified as an elector or proves that he or she has not previously voted at the election shall be in the prescribed form, which shall include the statements that

    • (a) the elector resides at the address at which he or she claims to reside;

    • (b) the elector is 18 years of age or older or will be 18 years of age or older on polling day;

    • (c) the elector is a Canadian citizen; and

    • (d) the elector has not previously voted in the election and is not an elector to whom section 235 applies.

  • Marginal note:Solemn declaration — vouching for another elector

    (2) For the purposes of paragraph 143(3)(b) and subparagraphs 161(1)(b)(ii) and 169(2)(b)(ii), the solemn declaration by which an elector vouches for another elector shall be in the prescribed form, which shall include the statements that

    • (a) the other elector resides in a polling division assigned to the polling station;

    • (b) to the best of the elector’s knowledge, the other elector has not previously voted at the election;

    • (c) the elector knows the other elector;

    • (d) the elector is a Canadian citizen when the other elector votes;

    • (e) except in a case referred to in subsection 143(3.01), 161(2) or 169(2.01), the elector has not previously vouched for any other elector at the election; and

    • (f) the elector has not been vouched for by another elector at the election.

Signed Pledges by Candidates Prohibited

Marginal note:Signed pledges by candidates prohibited

 No candidate shall sign a written document presented by way of demand or claim made on him or her by any person or association of persons, between the issue of the writ and polling day, if the document requires the candidate to follow a course of action that will prevent him or her from exercising freedom of action in Parliament, if elected, or to resign as a member if called on to do so by any person or association of persons.

By-Elections

Marginal note:Notice of withdrawal of writ

 If a writ is deemed to have been superseded and withdrawn under subsection 31(3) of the Parliament of Canada Act, the Chief Electoral Officer shall publish a notice in the Canada Gazette of the withdrawal of the writ and the cancellation of the election.

Forms

Marginal note:Tabling of forms

 Each form established for the purposes of paragraph 432(1)(a) or 437(1)(a) shall be laid before the House of Commons on any of the first 15 days that it is sitting after the form is made by the Chief Electoral Officer.

  • 2000, c. 9, s. 552
  • 2014, c. 12, s. 122

Payments out of Consolidated Revenue Fund

Marginal note:Amounts to be paid out of C.R.F.

 The following shall be paid out of unappropriated moneys forming part of the Consolidated Revenue Fund:

  • (a) any amount payable under section 15;

  • (b) the remuneration paid to a person engaged or employed under section 20, any remuneration paid to staff referred to in section 19 for overtime work to enable the Chief Electoral Officer to exercise his or her powers and perform his or her duties and functions under this Act and any administration expenses that are incurred for that purpose;

  • (c) any expenses incurred by the Chief Electoral Officer to acquire information referred to in paragraph 46(1)(b);

  • (d) any fees, costs, allowances or expenses referred to in subsection 542(1) or (4);

  • (e) any expenses incurred by the Chief Electoral Officer for preparing and printing election material and for the purchase of election supplies.

  • (f) [Repealed, 2014, c. 12, s. 123]

Amendments

Marginal note:Application of amendments to subsequent election

  •  (1) No amendment to this Act applies in an election for which the writ is issued within six months after the passing of the amendment unless, before the issue of the writ, the Chief Electoral Officer has published a notice in the Canada Gazette that the necessary preparations for the bringing into operation of the amendment have been made and that the amendment may come into force accordingly.

  • Marginal note:Amendments

    (2) It is the duty of the Chief Electoral Officer immediately after the coming into force of an amendment to this Act to publish a consolidated version of this Act on the Chief Electoral Officer’s Internet site, to correct and reprint all forms and instructions affected by it and to publish a notice in the Canada Gazette as soon as the consolidated version has been so published and the forms and instructions have been so corrected and reprinted.

  • 2000, c. 9, s. 554
  • 2014, c. 12, s. 124

Judicial Review

Marginal note:When respondent is Chief Electoral Officer

  •  (1) If an application is made for judicial review of a decision of the Chief Electoral Officer, or of any person to whom the Chief Electoral Officer has delegated any of his or her powers, duties and functions, the Chief Electoral Officer is the respondent in respect of the application.

  • Marginal note:When respondent is Commissioner

    (2) If an application is made for judicial review of a decision of the Commissioner, the Commissioner is the respondent in respect of the application.

 [Repealed, 2014, c. 12, s. 125]

 [Repealed, 2014, c. 12, s. 125]

 [Repealed, 2014, c. 12, s. 125]

 [Repealed, 2014, c. 12, s. 125]

 [Repealed, 2014, c. 12, s. 125]

 [Repealed, 2014, c. 12, s. 125]

 
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