GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Elections Act — E-2.01 57
General election — proclamation 57 (1) The Governor in Council shall issue a proclamation in order for a general election to be held. By-election — order (1.1) The Governor in Council shall make an order in order for a by-election to be held. Contents (1.2) The proclamation or order shall (a) direct the Chief Electoral Officer to issue a writ to the returning officer for each electoral district to which the proclamation or order applies; (b) fix the date of issue of the writ; and (c) fix the date for voting at the election, which date must be no earlier than the 36th day and no later than the 50th day after the day on which the writ was issued. General election (2) In the case of a general election, (a) the date of issue of the writ shall be the same for all electoral districts; (b) polling day shall be the same for all electoral districts; and (c) the proclamation shall fix a date for the return of the writ to the Chief Electoral Officer, which date shall be the same for all of the writs. Election held on a Monday (3) Subject to subsection (4) and section 56.2, polling day shall be on a Monday. Exception (4) In the case of a general election that is not held on a day set in accordance with subsection 56.1(2) or section 56.2, if, in the week in which the election is to be held, the Monday is a holiday, polling day shall be held on the Tuesday of that week. Times when polling day is a Tuesday (5) If the day fixed for the vote is a Tuesday because of subsection (4) or section 56.2, any time period specified under this Act before or after polling day is to be calculated as if polling day were the Monday. 2000, c. 9, s. 57; 2001, c. 21, s. 5; 2007, c. 10, s. 2 2018, c. 31, s. 47
Canada Elections Act — E-2.01 58
Writs forwarded to returning officer 58 The Chief Electoral Officer shall issue a writ in Form 1 of Schedule 1 to the returning officer for the electoral district in which the election is to be held without delay after the proclamation is issued or the order is made under section 57. 2000, c. 9, s. 58; 2001, c. 21, s. 6; 2007, c. 10, s. 3
Canada Elections Act — E-2.01 60
Returning officer to open and maintain office 60 (1) Every returning officer shall, without delay after receiving the writ or notice by the Chief Electoral Officer of the issue of the writ, open an office in premises that are accessible to electors with a disability in a convenient place in the electoral district and shall maintain the office throughout the election period. Hours (2) The Chief Electoral Officer may fix the hours that the office must be open and the minimum number of hours of compulsory attendance at it by the returning officer and the assistant returning officer. 2000, c. 9, s. 60 2018, c. 31, s. 49
Canada Elections Act — E-2.01 61
Appointment of staff 61 (1) The Chief Electoral Officer may authorize returning officers to appoint the staff that they consider necessary for the purposes of this Act. Employment of staff (2) Staff mentioned in subsection (1) shall (a) be appointed in the prescribed form; (b) make a solemn declaration in the prescribed form; and (c) be discharged as soon as their services are no longer needed. 2000, c. 9, s. 61 2018, c. 31, s. 50
Canada Elections Act — E-2.01 62
Notice of election 62 Within four days after the issue of the writ, each returning officer shall sign and issue a Notice of Election in Form 2 of Schedule 1 that indicates (a) the deadline for the receipt of nominations; (b) the date for polling day; (c) the date and time, not later than seven days after polling day, for the validation of results; and (d) the address of the returning officer’s office.
Canada Elections Act — E-2.01 63
Return by acclamation 63 (1) When, as of 2:00 p.m. on the 19th day before polling day, the returning officer has confirmed a nomination for only one candidate, the returning officer shall (a) without delay declare the candidate elected by endorsing the return of the writ in the prescribed form on the back of the writ and returning it to the Chief Electoral Officer; and (b) within 48 hours after the return of the writ, send a certified copy of it to the elected candidate. Report with return (2) When the returning officer returns the writ to the Chief Electoral Officer, the returning officer shall include with it a report of the proceedings during the election period, including any nomination proposed and rejected for non-compliance with this Act.
Canada Elections Act — E-2.01 64
Holding of election 64 (1) If the nomination of more than one candidate is confirmed in an electoral district, an election shall be held. Notice of grant of a poll (2) The returning officer shall, within five days after the closing day for nominations, if more than one candidate is nominated, post in the returning office a notice of grant of a poll in the prescribed form that indicates (a) the name and political affiliation, if any, of each candidate, as stated in the nomination papers, in the order in which their names are to be placed on the ballots; (b) the name of the official agent for each candidate, as stated in the nomination papers; and (c) the name, if any, and the number of each of the polling divisions and the addresses of the polling stations in that electoral district. Notice to election officers (3) The returning officer shall make the notice of grant of a poll available to, for each polling station, an election officer who is assigned to work in the polling station. The election officer shall post the notice in the polling station. Documents to candidates (4) The returning officer shall send to each candidate, on the later of the 31st day before polling day and the day on which the candidate’s nomination is confirmed, up to 10 copies of a document that sets out a description of the boundaries of the polling divisions in the electoral district. 2000, c. 9, s. 64; 2014, c. 12, s. 24 2018, c. 31, s. 51
Canada Elections Act — E-2.01 65
Ineligible candidates 65 The following persons are not eligible to be a candidate: (a) a person who is not qualified as an elector on the date on which his or her nomination paper is filed; (b) a person who is disentitled under paragraph 502(3)(a) while they are so disentitled; (c) a member of the legislative assembly of a province; (d) [Repealed, 2018, c. 31, s. 52] (e) the Chief Electoral Officer; (f) a judge appointed by the Governor in Council, other than a citizenship judge appointed under the Citizenship Act ; (g) a person who is imprisoned in a correctional institution; (h) an election officer; and (i) a person who was a candidate in a previous election and for whom a return, report, document or declaration has not been provided under subsection 477.59(1), if the time and any extension for providing it have expired. 2000, c. 9, s. 65; 2002, c. 7, s. 92; 2014, c. 2, s. 49, c. 12, s. 25 2018, c. 31, s. 52
Canada Elections Act — E-2.01 66
Manner of nomination 66 (1) A nomination paper shall be in the prescribed form and include (a) a solemn declaration, in the prescribed form, made by the prospective candidate of (i) his or her name, address and occupation, (i.1) any other name by which he or she is commonly known — other than a name that could be confused with the name of a political party — and that he or she wishes to appear on the ballot instead of the name referred to in subparagraph (i), (ii) the address designated by the prospective candidate for service of documents under this Act, (iii) the name and address of the prospective candidate’s official agent, (iv) the auditor’s name, address and occupation, if the prospective candidate has appointed an auditor under subsection 477.1(2), (v) the name of the political party that has endorsed the prospective candidate or, if none, the prospective candidate’s choice to either have the word “independent” or no designation of political affiliation under his or her name in election documents, and (vi) if the prospective candidate’s statement includes the name of a political party that has endorsed him or her but the returning officer is unable to verify, under paragraph 71(2)(c), that the party has done so, the prospective candidate’s choice of either one of the two options referred to in subparagraph (v) or the withdrawal of his or her nomination paper; (b) a statement signed by the prospective candidate consenting to the nomination; (c) [Repealed, 2018, c. 31, s. 53] (d) a statement signed by the official agent consenting to act in that capacity; (e) for any electoral district except one listed in Schedule 3, the names, addresses and signatures, made in the presence of a witness, of at least 100 electors resident in the electoral district; (f) for an electoral district listed in Schedule 3, the names, addresses and signatures, made in the presence of a witness, of at least 50 electors resident in the electoral district; (g) the name, address and signature of the witness to each signature made under paragraph (e) or (f); and (h) if applicable, a signed statement by the prospective candidate setting out the name of the person who is authorized by the prospective candidate under subsection 67(7). Particulars of candidates — name (2) For the purpose of subparagraphs (1)(a)(i) and (i.1), the name shall not include any title, degree or other prefix or suffix. Particulars of candidates — occupation (3) For the purpose of subparagraph (1)(a)(i), the occupation shall be stated briefly and shall correspond to the occupation by which the prospective candidate is known. Witness ensures signatures are local electors’ (4) A witness to a signature referred to in paragraph (1)(e) or (f) shall use due diligence to ensure that the signatures that are made in his or her presence are all made by electors resident in the electoral district. 2000, c. 9, s. 66; 2001, c. 21, s. 7; 2014, c. 12, s. 26 2018, c. 31, s. 53
Canada Elections Act — E-2.01 67
Filing of nomination paper 67 (1) A prospective candidate shall file the nomination paper with the returning officer in the electoral district in which the prospective candidate is seeking nomination at any time between the date of the issue of the Notice of Election and the close of nominations. Proof of identity — prospective candidate (2) A prospective candidate who personally files his or her nomination paper shall provide the returning officer with the following proof of his or her identity: (a) one piece of identification issued by a Canadian government, whether federal, provincial or local, or an agency of such a government, that contains a photograph of the prospective candidate and his or her name referred to in subparagraph 66(1)(a)(i); or (b) two pieces of identification of a type authorized under subsection (3), each of which establishes that name. Authorized types of identification (3) The Chief Electoral Officer may authorize types of identification for the purposes of subsections (2) and (8). For greater certainty, any document may be authorized, regardless of who issued it. Name prospective candidate commonly known by — documents (4) If a prospective candidate wishes a name referred to in subparagraph 66(1)(a)(i.1) to appear on the ballot instead of the name referred to in subparagraph 66(1)(a)(i), he or she shall file with the returning officer documents of a type authorized under subsection (5) as proof that he or she is commonly known by that name. Authorized types of documents (5) The Chief Electoral Officer may authorize types of documents for the purposes of subsection (4). Auditor’s consent (6) If a prospective candidate has appointed an auditor, the prospective candidate shall file with the returning officer by the close of nominations a statement signed by the auditor consenting to act in that capacity. Authorized person (7) A prospective candidate may authorize another person to carry out, on the prospective candidate’s behalf, any of the prospective candidate’s obligations under subsections (1), (4) and (6). Proof of identity — authorized person (8) A person authorized under subsection (7) who files a nomination paper on behalf of a prospective candidate shall file on the prospective candidate’s behalf with the returning officer, together with the nomination paper, the following proof of the prospective candidate’s identity: (a) a copy, signed by the prospective candidate, of one piece of identification issued by a Canadian government, whether federal, provincial or local, or an agency of such a government, that contains a photograph of the prospective candidate and his or her name referred to in subparagraph 66(1)(a)(i); or (b) a copy, signed by the prospective candidate, of each of two pieces of identification of a type authorized under subsection (3), each of which establishes that name. 2000, c. 9, s. 67; 2001, c. 21, s. 8; 2014, c. 12, s. 27; 2015, c. 37, ss. 2, 6 2018, c. 31, s. 54
Canada Elections Act — E-2.01 68
Party may endorse only one candidate per district 68 (1) A political party may endorse only one prospective candidate in each electoral district for a given election. New endorsement (2) If, with respect to a particular electoral district, a candidate who has been endorsed by a political party dies before 2:00 p.m. on the 5th day before the closing day for nominations or withdraws in accordance with subsection 74(1), the party may endorse another candidate in that electoral district before the close of nominations. Names of endorsed candidates (3) The chief agent of a political party shall provide the Chief Electoral Officer, no later than 24 hours before the close of nominations, with (a) the name of every prospective candidate who has been endorsed by the party; (b) the electoral district in which the prospective candidate intends to be a candidate; and (c) the name of the person or persons who endorsed the prospective candidate on the party’s behalf. Information to returning officers (4) As soon as feasible after receiving the information set out in paragraphs (3)(a) to (c), but no later than the close of nominations, the Chief Electoral Officer shall provide the information to the returning officer of the electoral district referred to in paragraph (3)(b). 2000, c. 9, s. 68; 2001, c. 21, s. 9 2018, c. 31, s. 55
Canada Elections Act — E-2.01 69
Closing day for nominations 69 The closing day for nominations shall be Monday, the 21st day before polling day.
Canada Elections Act — E-2.01 70
Hours of attendance 70 (1) The returning officer and the assistant returning officer shall attend between noon and 2:00 p.m. on the closing day for nominations at the office of the returning officer in order that the returning officer may receive nominations for prospective candidates who have not yet filed their nomination papers. Close of nominations (2) No nomination may be received from any person who enters the office of the returning officer after 2:00 p.m. on the closing day for nominations. Designated filing place (3) The returning officer may authorize a person to receive — or examine, in the case of paragraph (b) — the following in any place designated by the returning officer: (a) the nomination paper; (b) the piece or pieces of identification referred to in paragraphs 67(2)(a) and (b); (c) the documents referred to in subsection 67(4); (d) the statement referred to in subsection 67(6); and (e) the copy or copies of the piece or pieces of identification referred to in paragraphs 67(8)(a) and (b). 2000, c. 9, s. 70 2018, c. 31, s. 56
Canada Elections Act — E-2.01 71
Notice to candidate of confirmation or refusal 71 (1) The returning officer shall, not later than 48 hours after a nomination paper is filed, give the prospective candidate notice, in the prescribed form, of the confirmation of the nomination or of the refusal to accept the nomination. Verification of nomination papers (2) Before giving confirmation of a nomination or refusing to accept one, the returning officer shall verify, in accordance with the instructions of the Chief Electoral Officer, (a) that the prospective candidate’s identity has been proven by the piece or pieces of identification provided under subsection 67(2) or the copy or copies filed under subsection 67(8), as the case may be; (a.1) that the nomination paper is complete, including having at least the number of signatures referred to in paragraph 66(1)(e) or (f), as the case may be; (b) that the signatures referred to in paragraph 66(1)(e) or (f) are those of electors who are entitled to vote in the electoral district in which the prospective candidate intends to seek nomination; and (c) that the political party named in the nomination paper as having endorsed the prospective candidate has done so, as evidenced by the information provided under paragraph 68(3)(a) in respect of that prospective candidate. Correction or replacement (3) A nomination paper that a returning officer has refused to accept may be replaced by another nomination paper or may be corrected if the new or corrected nomination paper is filed with the returning officer by the close of nominations. 2000, c. 9, s. 71 2018, c. 31, s. 57
Canada Elections Act — E-2.01 71.1
Name prospective candidate commonly known by — determination 71.1 (1) If a nomination paper includes a name referred to in subparagraph 66(1)(a)(i.1) and documents have been filed under subsection 67(4) in respect of the prospective candidate, then the returning officer shall determine, in accordance with the Chief Electoral Officer’s instructions, whether the documents prove that the prospective candidate is commonly known by that name. Confusion with name of political party — determination (2) If the returning officer determines that the documents prove that the prospective candidate is commonly known by that name, but in the returning officer’s opinion the name could be confused with the name of a political party, he or she shall notify the Chief Electoral Officer, who shall determine whether the name could be confused with one and shall inform the returning officer of the determination. Name to appear on ballot (3) The name referred to in subparagraph 66(1)(a)(i.1) shall be the name that appears on the ballot in respect of the prospective candidate unless (a) the returning officer determines under subsection (1) that the documents filed under subsection 67(4) do not prove that the prospective candidate is commonly known by that name; or (b) the Chief Electoral Officer determines under subsection (2) that the name could be confused with the name of a political party. Clarification (4) For greater certainty, if the name referred to in subparagraph 66(1)(a)(i.1) is not, under subsection (3), the name that is to appear on the ballot in respect of the prospective candidate, then the name that is to appear on the ballot in respect of the prospective candidate shall be the name referred to in subparagraph 66(1)(a)(i). Notice of name to appear on ballot (5) The returning officer shall, not later than 48 hours after the nomination paper is filed, give the prospective candidate notice, in the prescribed form, of whether the name referred to in subparagraph 66(1)(a)(i.1) is the name that is to appear on the ballot in respect of the prospective candidate. 2018, c. 31, s. 58
Canada Elections Act — E-2.01 73
Electronic filing 73 (1) A person who files a nomination paper or any other document under section 67 may do so by electronic means. In order for the nomination to be valid, the returning officer must receive the document in electronic form by the close of nominations. Proof of identity (1.1) If a prospective candidate files the nomination paper under section 67 by electronic means, he or she may, to prove his or her identity, file by electronic means the copy or copies referred to in paragraph 67(8)(a) or (b). If the prospective candidate does so, he or she need not provide proof of his or her identity under subsection 67(2). Cancellation of nomination (2) If the original documents are not received on time, the returning officer shall cancel the nomination unless the person in respect of whom the nomination paper was filed satisfies the returning officer that all reasonable measures were taken to ensure that the original documents were received on time. 2000, c. 9, s. 73; 2014, c. 12, s. 28(F) 2018, c. 31, s. 60
Canada Elections Act — E-2.01 74
Withdrawal of candidate 74 (1) A candidate may withdraw at any time before 5:00 p.m. on the closing day for nominations by filing, in person, with the returning officer a statement in writing to that effect signed by the candidate and witnessed by two electors who are entitled to vote in the electoral district in which the candidate’s nomination was confirmed. Consequences of withdrawal (2) When a candidate withdraws under subsection (1), any votes cast for the candidate at the election are void.
Canada Elections Act — E-2.01 75
Minor corrections 75 A candidate may, before 5:00 p.m. on the closing day for nominations, provide in writing to the returning officer any change that he or she wishes to be made to his or her name, address or occupation as set out in the nomination paper.
Canada Elections Act — E-2.01 76
Votes for persons not properly nominated to be void 76 Any votes given for a person other than a candidate are void.
Canada Elections Act — E-2.01 77
Postponement of closing day for nominations on death of candidate 77 (1) If a candidate endorsed by a registered party dies after 2:00 p.m. on the 5th day before the closing day for nominations and before the close of polling stations on polling day, the election is postponed and the returning officer shall, after communicating with the Chief Electoral Officer, fix the 2nd Monday after the death as the closing day for nominations in that electoral district. New polling day (2) Notice of the day fixed under subsection (1) shall be given by a further Notice of Election distributed and posted as specified by the Chief Electoral Officer, and there shall also be named by the Notice of Election a new polling day, which shall be Monday, the 21st day after the day fixed under that subsection. Lists of electors (3) The lists of electors to be used at a postponed election shall be the lists of electors that were revised before the 6th day before the new polling day.
Canada Elections Act — E-2.01 78
Postponement of election 78 The postponement of an election under section 77 and the fixing of a new closing day for nominations does not invalidate the nomination of the other candidates.
Canada Elections Act — E-2.01 79
Ballots void 79 If an election is postponed under section 77, all ballots that are cast before the postponement are void and shall be destroyed.
Canada Elections Act — E-2.01 80
Leave of absence 80 Every employer of employees to whom Part III of the Canada Labour Code applies shall, on application, grant any such employee leave of absence, with or without pay, to seek nomination as a candidate and to be a candidate for the period during the election period that may be requested.
Canada Elections Act — E-2.01 81
Canvassing, etc., in residential areas 81 (1) No person who is in control of an apartment building, condominium building or other multiple-residence building or a gated community may prevent a candidate or his or her representative from (a) in the case of an apartment building, condominium building or gated community, canvassing, between 9:00 a.m. and 9:00 p.m., at the doors to the apartments, units or houses, as the case may be; or (b) in the case of a multiple-residence building, campaigning, between 9:00 a.m. and 9:00 p.m., in a common area in the multiple residence. 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 canvassing or campaigning referred to in that subsection. 2000, c. 9, s. 81; 2007, c. 21, s. 11