GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Elections Act — E-2.01 17
Power to adapt Act 17 (1) During an election period or within 30 days after it, if an emergency, an unusual or unforeseen circumstance or an error makes it necessary, the Chief Electoral Officer may, for the sole purpose of enabling electors to exercise their right to vote or enabling the counting of votes, adapt any provision of this Act and, in particular, may extend the time for doing any act, subject to subsection (2), or may increase the number of election officers or polling stations. Limitation — power to adapt (2) The Chief Electoral Officer shall not extend the voting hours at an advance polling station or, subject to subsection (3), the voting hours on polling day. Emergency — extending voting hours (3) If voting at a polling station is interrupted on polling day by an emergency and the Chief Electoral Officer is satisfied that, if the voting hours at the polling station are not extended, a substantial number of electors will not be able to vote, the Chief Electoral Officer shall extend the voting hours at the polling station for the period the Chief Electoral Officer considers necessary to give those electors a reasonable opportunity to vote, as long as the polling station does not in any case (a) close later than midnight on polling day; or (b) remain open during polling day for a total of more than 12 hours. 2000, c. 9, s. 17; 2007, c. 21, s. 2; 2014, c. 12, s. 6
Canada Elections Act — E-2.01 18
Public education and information programs 18 (1) The Chief Electoral Officer may implement public education and information programs to make the electoral process better known to the public, particularly to those persons and groups most likely to experience difficulties in exercising their democratic rights. Communication with public (1.1) The Chief Electoral Officer may, using any media or other means that he or she considers appropriate, provide the public, both inside and outside Canada, with information relating to Canada’s electoral process and the democratic rights to vote and to be a candidate. Information outside Canada (1.2) The Chief Electoral Officer may establish programs to disseminate information outside Canada concerning how to vote under Part 11. Communication with electors with a disability (2) The Chief Electoral Officer shall ensure that any information on the following that is provided under subsections (1) to (1.2) in an advertising message is accessible to electors with a disability: (a) how to become a candidate; (b) how an elector may have their name added to a list of electors and may have corrections made to information respecting them on the list; (c) how an elector may vote under section 127 and the times, dates and locations for voting; (d) how an elector may prove their identity and residence in order to vote, including the pieces of identification that they may use to that end; and (e) the measures for assisting electors with a disability to access a polling station or advance polling station or to mark a ballot. Communication with future electors with a disability (2.1) If the Chief Electoral Officer provides, in an advertising message, any information under subsections (1) and (1.1) on how a future elector may have their name added to the Register of Future Electors and may have corrections made to information respecting them in that register, the Chief Electoral Officer shall ensure that the information is accessible to future electors with a disability. Unsolicited calls (3) The Chief Electoral Officer shall not provide information under this section by the use of calls, as defined in section 348.01, that are unsolicited. 2000, c. 9, s. 18; 2014, c. 12, s. 7 2018, c. 31, s. 14
Canada Elections Act — E-2.01 18.01
International cooperation 18.01 The Chief Electoral Officer may provide assistance and cooperation in electoral matters to electoral agencies in other countries or to international organizations. 2014, c. 12, s. 8 2018, c. 31, s. 15
Canada Elections Act — E-2.01 18.1
Voting studies 18.1 (1) The Chief Electoral Officer may carry out studies on voting, including studies respecting alternative voting means. Alternative voting (2) The Chief Electoral Officer may devise and test an alternative voting process for future use in an election. Voting technology — electors with a disability (3) The Chief Electoral Officer shall develop, obtain or adapt voting technology for use by electors with a disability, and may test the technology for future use in an election. Prior approval (4) Neither an alternative voting process nor voting technology tested under subsection (2) or (3) may be used in an election without the prior approval of the committees of the Senate and of the House of Commons that normally consider electoral matters. 2000, c. 9, s. 18.1; 2001, c. 21, s. 2; 2014, c. 12, s. 8 2018, c. 31, s. 15
Canada Elections Act — E-2.01 18.2
Power to enter into contracts, etc. 18.2 (1) The Chief Electoral Officer may enter into contracts, memoranda of understanding or other arrangements in the name of Her Majesty in right of Canada or in the Chief Electoral Officer’s name in the exercise or performance of his or her powers, duties and functions under this Act or any other Act of Parliament. Leases (2) The Chief Electoral Officer may authorize a returning officer to enter into a lease in the Chief Electoral Officer’s name, subject to any terms and conditions that the Chief Electoral Officer specifies. Contracts, etc., binding on Her Majesty (3) Every contract, memorandum of understanding and arrangement entered into in the Chief Electoral Officer’s name is binding on Her Majesty in right of Canada to the same extent as it is binding on the Chief Electoral Officer. Goods and services (4) Despite section 9 of the Department of Public Works and Government Services Act , the Chief Electoral Officer may procure goods and services from outside the federal public administration. 2014, c. 12, s. 8 2018, c. 31, s. 16
Canada Elections Act — E-2.01 18.3
Signature 18.3 A requirement under a provision of this Act for a signature may be satisfied in any manner that the Chief Electoral Officer authorizes. 2014, c. 12, s. 9
Canada Elections Act — E-2.01 19
Staff 19 The staff of the Chief Electoral Officer consists of employees appointed in accordance with the Public Service Employment Act . 2000, c. 9, s. 19; 2003, c. 22, s. 102(E) 2018, c. 31, s. 17
Canada Elections Act — E-2.01 20
Technical assistance 20 (1) The Chief Electoral Officer may engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to the Chief Electoral Officer’s work to advise and assist him or her in the exercise or performance of his or her powers, duties and functions under this or any other Act of Parliament and, with the Treasury Board’s approval, may fix and pay those persons’ remuneration and expenses. Casual and temporary staff (2) Any additional employees that the Chief Electoral Officer considers necessary for the exercise or performance of his or her powers, duties and functions under this Act that are related to the preparation for, and the conduct of, an election may be employed on a casual or temporary basis in accordance with the Public Service Employment Act . 2000, c. 9, s. 20; 2014, c. 12, s. 10 2018, c. 31, s. 18
Canada Elections Act — E-2.01 21
Delegation 21 The Chief Electoral Officer may delegate to any member of his or her staff, subject to any limitations that he or she may specify, any of his or her powers, duties and functions under this or any other Act of Parliament, except the power to delegate. 2000, c. 9, s. 21 2018, c. 31, s. 19
Canada Elections Act — E-2.01 21.1
Establishment 21.1 (1) A committee is established, to be known as the Advisory Committee of Political Parties, consisting of the Chief Electoral Officer and two representatives of each registered party appointed by the party’s leader. Purpose (2) The purpose of the committee is to provide the Chief Electoral Officer with advice and recommendations relating to elections and political financing. Advice and recommendations not binding (3) The committee’s advice and recommendations are not binding on the Chief Electoral Officer. Meetings (4) The committee shall meet at least once a year and its meetings shall be presided over by the Chief Electoral Officer. 2014, c. 12, s. 11
Canada Elections Act — E-2.01 22
Election officers 22 (1) The following persons are election officers: (a) field liaison officers appointed under section 23.2; (a.1) returning officers appointed under subsection 24(1); (b) assistant returning officers appointed under subsection 26(1) or 28(5) and additional assistant returning officers appointed under subsection 30(1); (c) persons authorized by a returning officer under section 27 to exercise powers or perform duties under this Act; (c.1) persons designated pursuant to subsection 28(3.1); (d) [Repealed, 2018, c. 31, s. 20] (e) [Repealed, 2018, c. 31, s. 20] (f) [Repealed, 2018, c. 31, s. 20] (g) [Repealed, 2018, c. 31, s. 20] (g.1) [Repealed, 2018, c. 31, s. 20] (h) [Repealed, 2018, c. 31, s. 20] (i) [Repealed, 2018, c. 31, s. 20] (j) [Repealed, 2018, c. 31, s. 20] (k) [Repealed, 2018, c. 31, s. 20] (l) the special voting rules administrator appointed under section 181; (m) special ballot officers appointed under subsection 183(1) or section 184; and (n) liaison officers for correctional institutions appointed under subsection 248(1). (o) [Repealed, 2018, c. 31, s. 20] Election officers — exclusions (2) For greater certainty, a representative of a candidate who is present at a polling station is not an election officer. Who shall not be appointed election officers (3) The following persons shall not be appointed as an election officer: (a) a minister of the Crown or a member of the executive council of a province; (b) a member of the Senate or the House of Commons; (c) a member of the legislative assembly of a province; (d) a judge or deputy judge of any superior court or any bankruptcy or insolvency court and, in Yukon and the Northwest Territories, a judge of the Supreme Court; (d.1) a person who was a candidate at the last general election or at a by-election held since the last general election; (e) a person who has served in Parliament in the session immediately before the election or in the session in progress at the time of the election; and (f) a person who, within seven years before the proposed appointment, has been found guilty of any offence under this Act or the Referendum Act , or a regulation made under the Referendum Act , or under an Act of the legislature of a province, or a regulation made under an Act of the legislature of a province, relating to provincial, municipal or school board elections. Qualifications (4) An election officer must be qualified as an elector, and an election officer referred to in paragraph (1)(a.1) or (b) must reside in the electoral district in which he or she is to exercise powers or perform duties under this Act or in an adjacent electoral district. Election officers younger than 18 (5) Despite subsection (4), an election officer appointed under section 32 may be under 18 years of age but must be at least 16 years of age. Prohibition — acting as election officer (6) No person shall act as an election officer knowing that they do not meet the requirements for an election officer set out in this section. 2000, c. 9, s. 22; 2002, c. 7, s. 91; 2006, c. 9, s. 173; 2014, c. 2, s. 48, c. 12, s. 12 2018, c. 31, s. 20
Canada Elections Act — E-2.01 23
Solemn declaration 23 (1) Before assuming duties, an election officer shall make, in writing, a solemn declaration, in the prescribed form, that he or she will exercise the powers and perform the duties of the office in an impartial manner. Prohibition (2) No election officer shall communicate information, or use personal information, that is obtained in the course of exercising his or her powers or performing his or her duties under this Act, other than for a purpose related to the exercise of those powers or the performance of those duties. Sending of solemn declarations (3) The returning officer shall send his or her solemn declaration and that of the assistant returning officer without delay to the Chief Electoral Officer. 2000, c. 9, s. 23 2018, c. 31, s. 21
Canada Elections Act — E-2.01 23.1
Unsolicited calls 23.1 An election officer shall not communicate with the public by the use of calls, as defined in section 348.01, that are unsolicited. 2014, c. 12, s. 13
Canada Elections Act — E-2.01 24
rcising his or her powers or performing his or her duties under this Act; (b) fails to competently exercise a returning officer’s power or competently perform a returning officer’s duty under this Act or to comply with an instruction of the Chief Electoral Officer described in paragraph 16(c); (c) fails to complete the revision of the boundaries of the polling divisions in their electoral district as instructed by the Chief Electoral Officer under subsection 538(3); or (d) contravenes subsection (6), whether or not the contravention occurs in the exercise of his or her powers or the performance of his or her duties under this Act. Temporary suspension (8) The Chief Electoral Officer may temporarily suspend from office a returning officer for any grounds set out in subsection (7). Duration of suspension (9) The period of suspension expires at the end of the period that the Chief Electoral Officer considers appropriate. However, if a procedure is commenced — either before or during the period of suspension — that could lead to the returning officer’s removal, the period of suspension expires on the day on which the Chief Electoral Officer makes his or her final decision in that regard. 2000, c. 9, s. 24; 2003, c. 19, s. 2; 2006, c. 9, s. 174; 2011, c. 26, s. 13; 2014, c. 12, s. 14 2018, c. 31, s. 23
Canada Elections Act — E-2.01 25
List in Canada Gazette 25 Between the 1st and 20th days of January in each year, the Chief Electoral Officer shall publish a list in the Canada Gazette of the name, address and occupation of the returning officer for each electoral district in Canada. 2000, c. 9, s. 25; 2006, c. 9, s. 175
Canada Elections Act — E-2.01 26
Assistant returning officer 26 (1) Without delay after being appointed, a returning officer shall, with the Chief Electoral Officer’s prior approval of the individual proposed to be appointed, appoint an assistant returning officer, who shall hold office at pleasure. Restriction on appointment (2) A returning officer shall not appoint his or her spouse, common-law partner, child, mother, father, brother, sister, the child of his or her spouse or common-law partner, or a person who lives with him or her as an assistant returning officer. 2000, c. 9, s. 26, c. 12, s. 40 2018, c. 31, s. 24
Canada Elections Act — E-2.01 27
Delegation 27 (1) The returning officer for an electoral district may, with the Chief Electoral Officer’s prior approval, authorize any person acting under his or her direction to exercise any of the powers or perform any of the duties of a returning officer under this Act, except those described in subsection 24(3), sections 62 and 63, subsection 71(1), sections 71.1, 74, 77, 130, 293 to 298 and 300, subsection 301(6) and sections 313 to 316. Authorization in writing (2) An authorization under subsection (1) shall be signed and dated by the returning officer. 2000, c. 9, s. 27; 2014, c. 12, s. 15 2018, c. 31, s. 25
Canada Elections Act — E-2.01 28
Notification if returning officer incapacitated 28 (1) It is the duty of a returning officer or an assistant returning officer to notify the Chief Electoral Officer without delay if the returning officer at any time becomes unable to act. (2) [Repealed, 2006, c. 9, s. 176] Assistant returning officer to act (3) Subject to subsection 24(1.5), if a returning officer is absent or unable to act or if a returning officer’s office is vacant, the assistant returning officer shall act in place of the returning officer. Designated person to act — suspension of returning officer (3.01) If a returning officer is under suspension during the six months before the day set in accordance with subsection 56.1(2) for the holding of a general election or during any election period that falls in whole or in part outside that six-month period, the Chief Electoral Officer may designate a person to act in the returning officer’s place, and that person may, during and after that period, exercise the powers and perform the duties of a returning officer in relation to that election. Designated person to act — absence of returning and assistant returning officers (3.1) If, during the six months before the day set in accordance with subsection 56.1(2) for the holding of a general election or during any election period that falls in whole or in part outside that six-month period, a returning officer is absent or unable to act or a returning officer’s office is vacant and, at the same time, the assistant returning officer is absent or unable to act or the assistant returning officer’s office is vacant, the Chief Electoral Officer shall designate a person to act in place of the returning officer, and that person may, during and after that period, exercise the powers and perform the duties of a returning officer in relation to that election. Appointment within limited period (4) When the office of a returning officer becomes vacant, the Chief Electoral Officer shall appoint a new returning officer without delay. Appointment of assistant returning officer (5) Every assistant returning officer who is required to act as a returning officer under subsection (3) shall appoint an assistant returning officer without delay. 2000, c. 9, s. 28; 2006, c. 9, s. 176; 2014, c. 12, s. 16 2018, c. 31, s. 26
Canada Elections Act — E-2.01 29
Duties of returning officer 29 (1) A returning officer shall (a) without delay after removing an assistant returning officer from office, notify the assistant returning officer in writing of the removal and send a copy of the notice to the Chief Electoral Officer; and (b) without delay after the death or resignation of an assistant returning officer, notify the Chief Electoral Officer in writing of the death or resignation. Appointment of substitute (2) If an assistant returning officer dies, resigns, becomes disqualified or incapable of acting or refuses to act, or is removed from office for any other reason, the returning officer shall without delay appoint a substitute with the Chief Electoral Officer’s prior approval. Tenure of office of assistant returning officer (3) When a returning officer ceases to hold office, the assistant returning officer appointed by him or her remains in office until the returning officer’s successor appoints a new assistant returning officer. Resignation by assistant returning officer (4) An assistant returning officer who intends to resign shall give written notice to the returning officer or, if the office of returning officer is vacant, to the Chief Electoral Officer. 2000, c. 9, s. 29 2018, c. 31, s. 27
Canada Elections Act — E-2.01 30
Additional assistant returning officer 30 (1) On request by a returning officer, the Chief Electoral Officer may designate areas in the returning officer’s electoral district and authorize, in writing, the appointment of an assistant returning officer, in addition to the assistant returning officer appointed under subsection 26(1), for each of those areas. Appointment (2) A returning officer shall appoint an additional assistant returning officer and establish an office in each area designated by the Chief Electoral Officer. Delegation limited (3) An assistant returning officer appointed under subsection (2) may perform the functions of an assistant returning officer only in respect of the area for which they are appointed. Further limitation (4) An assistant returning officer appointed under subsection (2) is not an assistant returning officer for the purposes of subsections 28(1), 60(2), 70(1) and 293(1). 2000, c. 9, s. 30 2018, c. 31, s. 28
Canada Elections Act — E-2.01 31
Prohibition — acting in another capacity 31 No returning officer or assistant returning officer appointed under subsection 26(1) shall act in any other capacity under this Act.
Canada Elections Act — E-2.01 32
Election officers 32 (1) Subject to subsections (2) and (3) and 33(2) and (3), a returning officer shall, after the issue of the writ, appoint in accordance with the Chief Electoral Officer’s instructions the election officers that the returning officer considers necessary for exercising election officers’ powers and performing election officers’ duties under this Act in the returning officer’s electoral district. Appointment before issue of writ (2) A returning officer may, in accordance with the Chief Electoral Officer’s instructions, appoint election officers before the issue of the writ if the returning officer considers that it is desirable to do so for the purpose of training and preparing them to exercise their powers and perform their duties under this Act after the issue of the writ. Maximum number of election officers appointed (3) Before the eighth day after the issue of the writ, a returning officer shall not appoint more than half the number of election officers referred to in subsection (1). 2000, c. 9, s. 32; 2001, c. 21, s. 3(E) 2018, c. 31, s. 29
Canada Elections Act — E-2.01 33
Solicitation of names 33 (1) As soon as possible after the issue of the writ, a returning officer shall solicit names of persons suitable to be election officers from the candidates of registered parties that endorsed candidates in the last election in the electoral district or from the registered associations of those registered parties — or, if such a registered party has no registered association in that electoral district, from that registered party. Persons whose names are provided to be appointed (2) If the number of names provided under subsection (1) within seven days after the issue of the writ is less than, or equal to, the number of election officers remaining to be appointed under subsection 32(1) after the returning officer has appointed election officers under section 32, the returning officer shall, subject to subsection 37(1), appoint the persons named as election officers. Proportional distribution (3) If the number of names provided under subsection (1) within seven days after the issue of the writ is more than the number of election officers remaining to be appointed under subsection 32(1) after the returning officer has appointed election officers under section 32, the returning officer shall, subject to subsection 37(1), appoint from those names the election officers remaining to be appointed as far as possible in the proportion of the votes received in the last election in the electoral district by the candidates of the registered parties whose candidates or registered associations provided names under subsection (1), or that themselves provided names under that subsection, as the case may be. Removal or replacement (4) If a returning officer removes or replaces an election officer, the former election officer shall return all election documents and election materials in his or her possession to the returning officer or to an authorized person. Lists of election officers (5) Each returning officer shall make available to each candidate, on completion of the list, a list of the election officers for the electoral district who will be responsible for assisting the returning officer or assistant returning officer in the revision of lists of electors under Part 7. Identification (6) Each election officer shall, while exercising his or her powers or performing his or her duties, wear or carry the identification that is supplied by the Chief Electoral Officer and shall show it on request. 2000, c. 9, s. 33 2018, c. 31, s. 29