GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Elections Act — E-2.01 37
Refusal to appoint 37 (1) A returning officer may, on reasonable grounds, refuse to appoint as an election officer a person recommended by a candidate or by a registered association or registered party and shall immediately advise the candidate, association or party of the refusal. Recommendation of another person (2) If as a result of the refusal a position is not filled and there are no more persons whose names were provided by the candidate, registered association or registered party under subsection 33(1) who may be appointed under subsection 33(2) or (3), the candidate, association or party may recommend another person within 24 hours after being advised of the refusal. 2000, c. 9, s. 37; 2014, c. 12, s. 20 2018, c. 31, s. 29
Canada Elections Act — E-2.01 38
Record of election officers’ powers and duties 38 A returning officer shall keep a record of the powers and duties that he or she has assigned to each election officer, and of the time at which or during which each election officer is to exercise a power or perform a duty assigned to him or her. 2000, c. 9, s. 38 2018, c. 31, s. 29
Canada Elections Act — E-2.01 39
Election officers 39 An election officer shall exercise or perform, in accordance with the Chief Electoral Officer’s instructions, any power or duty assigned to him or her by a returning officer. 2000, c. 9, s. 39; 2014, c. 12, s. 21 2018, c. 31, s. 29
Canada Elections Act — E-2.01 40
List of names to be provided 40 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.
Canada Elections Act — E-2.01 41
Results transposed 41 (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. (2) [Repealed, 2018, c. 31, s. 30] (3) [Repealed, 2018, c. 31, s. 30] Notice (4) When the Chief Electoral Officer has determined which candidates, registered associations or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), he or she shall notify those registered parties without delay of that right. 2000, c. 9, s. 41; 2014, c. 12, s. 22 2018, c. 31, s. 30
Canada Elections Act — E-2.01 42
Attribution of votes for appointments 42 For the purposes of subsection 33(3) and section 41, in a case in which a registered party that endorsed a candidate in the last election merges with one or more parties that were registered parties at the last election, (a) the merged party is deemed to have endorsed a candidate in the last election in the electoral district; and (b) that candidate is deemed to have received the same number of votes as the candidate who, among the candidates of the merging parties, received the largest number of votes at that election. 2000, c. 9, s. 42 2018, c. 31, s. 31
Canada Elections Act — E-2.01 43
Prohibitions 43 No person shall (a) knowingly obstruct an election officer in the exercise of his or her powers or the performance of his or her duties; (b) without authority, use identification simulating that used by an election officer or intended to replace that prescribed by the Chief Electoral Officer for that purpose; or (c) having been removed or replaced as an election officer, fail to return any election documents or election materials in his or her possession to the returning officer or to an authorized person. 2000, c. 9, s. 43 2018, c. 31, s. 32
Canada Elections Act — E-2.01 43.1
Right of access 43.1 (1) No person who is in control of an apartment building, condominium building or other multiple-residence building or a gated community shall 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 exercise his or her powers or perform his or her duties under this Act. 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 2018, c. 31, s. 33(E)
Canada Elections Act — E-2.01 44
Maintenance of Registers 44 (1) The Chief Electoral Officer shall maintain (a) a register of persons who are qualified as electors, to be known as the Register of Electors; and (b) a register of persons who are qualified as future electors, to be known as the Register of Future Electors. Contents of Registers (2) The Register of Electors and the Register of Future Electors shall contain, for each elector or future elector who is included in it, as the case may be, his or her surname, given names, gender, date of birth, civic address, mailing address and any other information that is provided under subsections 49(2), 211.2(4), 223(2), 233(2) and 251(3). Identifier (3) The Register of Electors and the Register of Future Electors shall also contain, for each elector or future elector, as the case may be, a unique, randomly generated identifier that is assigned by the Chief Electoral Officer. Future electors becoming electors (4) Subject to subsection (5), the Register of Future Electors may continue to contain information about a former future elector after he or she becomes an elector until he or she is included in the Register of Electors. Inclusion optional (5) Inclusion in the Register of Electors and the Register of Future Electors is optional. Parental consent not necessary (6) A future elector’s inclusion in the Register of Future Electors does not require the consent of the future elector’s parents or guardian or tutor. 2000, c. 9, s. 44; 2001, c. 21, s. 4; 2007, c. 21, s. 4 2018, c. 31, s. 36
Canada Elections Act — E-2.01 45
Lists to members and registered parties 45 (1) By November 15 in each year, the Chief Electoral Officer shall make available 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 — taken from the Register of Electors — in electronic form, or in formats that include electronic form, of the lists of electors for the electoral district. 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. 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. 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 2018, c. 31, s. 37
Canada Elections Act — E-2.01 46
Sources of information 46 (1) The Register of Electors and the Register of Future Electors shall be updated from (a) information (i) that electors or future electors, as the case may be, have given the Chief Electoral Officer, or (ii) that is held by a federal department or body and that electors or future electors, as the case may be, 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, gender, date of birth, civic address and mailing address of electors and future electors included in the Register of Electors or Register of Future Electors, as the case may be, 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. Source of information: Register of Future Electors (1.01) The Register of Electors shall be updated from information that the Chief Electoral Officer holds in the Register of Future Electors about future electors who become electors. 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 or Register of Future Electors, for the purpose of correlating information subsequently collected with information already contained in the relevant register. 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 2018, c. 31, s. 39
Canada Elections Act — E-2.01 46.01
Information from Minister of Citizenship and Immigration 46.01 Despite subparagraph 46(1)(a)(ii), for the purpose of assisting the Chief Electoral Officer in updating the Register of Electors, including by deleting the name of a person who is not an elector, the Minister of Citizenship and Immigration may, at the request of the Chief Electoral Officer in writing, provide the Chief Electoral Officer with any of the following information, in relation to a person, that is contained in databases maintained by the Department of Citizenship and Immigration that relate to permanent residents and foreign nationals as those terms are defined in subsection 2(1) of the Immigration and Refugee Protection Act and with the date when the information referred to in paragraph (d) was included or updated in those databases: (a) his or her surname and given names; (b) his or her gender; (c) his or her date of birth; (d) his or her addresses; and (e) any unique identifier that that Minister has assigned to him or her under that Act. 2018, c. 31, s. 40
Canada Elections Act — E-2.01 46.1
Citizenship information 46.1 For the purpose of assisting the Chief Electoral Officer in updating the Register of Electors or Register of Future 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 2018, c. 31, s. 40
Canada Elections Act — E-2.01 46.2
Information in respect of deceased individuals 46.2 For the purpose of updating the Register of Electors or Register of Future 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 relevant register. 2007, c. 21, s. 7 2018, c. 31, s. 40
Canada Elections Act — E-2.01 47
Duty of returning officer 47 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).
Canada Elections Act — E-2.01 47.1
Other duties 47.1 Between election periods, a returning officer shall perform any duties related to the updating of the Register of Electors or Register of Future Electors that are requested by the Chief Electoral Officer. 2007, c. 21, s. 8 2018, c. 31, s. 41
Canada Elections Act — E-2.01 48
Adding electors and future electors 48 (1) The Chief Electoral Officer shall, before including an elector in the Register of Electors or a future elector in the Register of Future Electors, send him or her the Chief Electoral Officer’s information relating to him or her and ask if he or she wishes to be included in the relevant register. Obligation of elector or future elector (2) An elector or future elector who wishes to be included in the relevant register 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 or as a future elector, as the case may be. Exceptions (3) This section does not apply in respect of the inclusion of an elector or future elector that is (a) done at his or her request; (b) done using information from lists of electors or future electors established under provincial law that contain information that the Chief Electoral Officer considers sufficient for the elector’s or future elector’s inclusion; or (c) done using information to update the Register of Electors under subsection 46(1.01). 2000, c. 9, s. 48 2018, c. 31, s. 41
Canada Elections Act — E-2.01 49
Listing requests 49 (1) Any person may at any time request the Chief Electoral Officer to include him or her in the Register of Electors or Register of Future Electors, by providing (a) a signed certification that he or she is qualified as an elector or as a future elector, as the case may be; (b) his or her surname, given names, gender, date of birth, civic address and mailing address; and (c) satisfactory proof of identity. Optional information (2) In addition to the information referred to in subsection (1), the Chief Electoral Officer may invite the elector or future 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 or future elector is not required to do so. 2000, c. 9, s. 49 2018, c. 31, s. 41
Canada Elections Act — E-2.01 50
Corrections 50 An elector or future elector may inform the Chief Electoral Officer of changes to the information in the Register of Electors or Register of Future Electors, as the case may be, relating to him or her, and the Chief Electoral Officer shall make the necessary corrections to the relevant register. 2000, c. 9, s. 50 2018, c. 31, s. 41
Canada Elections Act — E-2.01 51
Verification 51 The Chief Electoral Officer may (a) contact an elector or future elector to verify the Chief Electoral Officer’s information relating to him or her; and (b) request the elector or future elector to confirm, correct or complete the information within 60 days after receiving the request. 2000, c. 9, s. 51 2018, c. 31, s. 41
Canada Elections Act — E-2.01 52
Deletion of names 52 (1) The Chief Electoral Officer shall delete from the Register of Electors or Register of Future Electors the name of any person who (a) is dead; (b) is not an elector or future elector, as the case may be, subject to subsection 44(4); (c) requests in writing to have his or her name deleted; (d) is, by reason of mental incapacity, 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; or (e) is a future elector with a mental incapacity whose parent requests in writing that the future elector’s name be deleted. 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. Deletion of name — discretionary (2) The Chief Electoral Officer may delete from the Register of Electors or Register of Future 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 2018, c. 31, s. 42
Canada Elections Act — E-2.01 53
Restrictions 53 (1) If an elector so requests the Chief Electoral Officer in writing, information in the Register of Electors relating to that elector shall be used only for federal electoral or referendum purposes. Restriction — Register of Future Electors (2) If a future elector so requests the Chief Electoral Officer in writing, information in the Register of Future Electors relating to the future elector shall be used only for the purposes of (a) updating the Register of Electors; or (b) the transmission of information in the course of public education and information programs implemented under subsection 18(1). 2000, c. 9, s. 53 2018, c. 31, s. 43
Canada Elections Act — E-2.01 54
Access to personal information 54 At the written request of an elector or future elector, the Chief Electoral Officer shall send him or her all the information in the Chief Electoral Officer’s possession relating to him or her. 2000, c. 9, s. 54 2018, c. 31, s. 44
Canada Elections Act — E-2.01 55
Provincial bodies 55 (1) The Chief Electoral Officer may enter into an agreement with any body responsible under provincial law for establishing a list of electors or future electors, governing the giving of information contained in the Register of Electors or Register of Future Electors, or the giving of information referred to in subsection 44(2) or (3) that the Chief Electoral Officer intends to include in either register, if that information is needed for establishing such a list. Exception (1.1) Despite subsection (1), the Chief Electoral Officer shall not enter into an agreement governing the giving of information contained in the Register of Future Electors, or the giving of information referred to in subsection 44(2) or (3) in relation to future electors, with any body that is required under provincial law to give or to make available to political parties, entities associated with a political party or members of a legislature information relating to future electors. Conditions (2) The Chief Electoral Officer shall include in the agreement conditions regarding the use and protection of personal information given under the agreement. (3) [Repealed, 2007, c. 21, s. 9] Valuable consideration (4) An agreement mentioned in subsection (1) may require valuable consideration to be provided in exchange for the information given. 2000, c. 9, s. 55; 2007, c. 21, s. 9 2018, c. 31, s. 45
Canada Elections Act — E-2.01 56
Prohibitions 56 No person shall (a) knowingly make a false or misleading statement, orally or in writing, relating to their qualification as an elector or as a future elector or relating to any other information referred to in section 49; (b) knowingly make a false or misleading statement, orally or in writing, relating to another person’s qualification as an elector or as a future elector, to that other person’s surname, given names, gender, civic address or mailing address, or to the identifier assigned to that other person by the Chief Electoral Officer, for the purpose of having that other person’s name deleted from the Register of Electors or Register of Future Electors, as the case may be; (c) request the listing in the Register of Electors or Register of Future Electors of the name of a person who is not qualified as an elector or as a future elector, as the case may be, knowing that the person is not so qualified; (d) knowingly apply to have included in the Register of Electors or Register of Future Electors the name of an animal or thing; (e) knowingly use personal information that is obtained from the Register of Electors except as follows: (i) to enable registered parties, members or candidates to communicate with electors in accordance with section 110, (ii) for the purposes of the administration and enforcement of this Act or the Referendum Act , or (iii) in accordance with the conditions included in an agreement made under section 55, in the case of information that is transmitted in accordance with the agreement, (e.1) knowingly use personal information that is obtained from the Register of Future Electors except as follows: (i) for the purposes of updating the Register of Electors, (ii) for the purposes of the transmission of information in the course of public education and information programs implemented under subsection 18(1), (iii) for the purposes of the administration and enforcement of this Act or the Referendum Act , or (iv) in accordance with the conditions included in an agreement made under section 55, in the case of information that is transmitted in accordance with the agreement; or (f) knowingly use other personal information that is transmitted in accordance with an agreement made under section 55 except in accordance with the conditions included in the agreement. 2000, c. 9, s. 56; 2007, c. 21, s. 10 2018, c. 31, s. 46
Canada Elections Act — E-2.01 56.1
Powers of Governor General preserved 56.1 (1) Nothing in this section affects the powers of the Governor General, including the power to dissolve Parliament at the Governor General’s discretion. Election dates (2) Subject to subsection (1), each general election must be held on the third Monday of October in the fourth calendar year following polling day for the last general election, with the first general election after this section comes into force being held on Monday, October 19, 2009. 2007, c. 10, s. 1
Canada Elections Act — E-2.01 56.2
Alternate day 56.2 (1) If the Chief Electoral Officer is of the opinion that a Monday that would otherwise be polling day under subsection 56.1(2) is not suitable for that purpose, including by reason of its being in conflict with a day of cultural or religious significance or a provincial or municipal election, the Chief Electoral Officer may choose another day in accordance with subsection (4) and shall recommend to the Governor in Council that polling day be that other day. Publication of recommendation (2) If the Chief Electoral Officer recommends an alternate day for a general election in accordance with subsection (1), he or she shall without delay publish in the Canada Gazette notice of the day recommended. Making and publication of order (3) If the Governor in Council accepts the recommendation, the Governor in Council shall make an order to that effect. The order must be published without delay in the Canada Gazette . Limitation (4) The alternate day must be either the Tuesday immediately following the Monday that would otherwise be polling day or the Monday of the following week. Timing of proclamation (5) An order under subsection (3) shall not be made after August 1 in the year in which the general election is to be held. 2007, c. 10, s. 1