Canada Elections Act

This Act may be cited as the Canada Elections Act.

The definitions in this subsection apply in this Act.

advance poll means a vote held under Part 10. (vote par anticipation)

advance polling station means a polling station established under subsection 168(3). (bureau de vote par anticipation)

broadcaster means a person who is licensed by the Canadian Radio-television and Telecommunications Commission under the Broadcasting Act to carry on a programming undertaking. (radiodiffuseur)

broadcasting means broadcasting, as defined in subsection 2(1) of the Broadcasting Act, that is regulated and supervised by the Canadian Radio-television and Telecommunications Commission pursuant to section 5 of that Act. (radiodiffusion)

Broadcasting Arbitrator means the person appointed as Broadcasting Arbitrator under subsection 332(1). (arbitre)

by-election means an election other than a general election. (élection partielle)

candidate means a person whose nomination as a candidate at an election has been confirmed under subsection 71(1) and who, or whose official agent, has not yet complied with sections 477.59 to 477.72 and 477.8 to 477.84 in respect of that election. (candidat)

capital asset means any property with a commercial value of more than $200 that

in the case of a registered party, an electoral district association or a candidate, is normally used outside an election period other than for the purposes of an election;

in the case of a nomination contestant, is normally used outside a nomination contest other than for the purposes of a nomination contest; and

in the case of a leadership contestant, is normally used outside a leadership contest other than for the purposes of a leadership contest. (bien immobilisé)

chief agent means the chief agent named in the application of a political party to become a registered party as required under paragraph 385(2)(h) or a chief agent’s replacement appointed under subsection 400(1). (agent principal)

close of nominations means the deadline for the receipt of nominations set out in subsection 70(2). (clôture des candidatures)

closing day for nominations means the day referred to in section 69. (jour de clôture)

commercial value, in relation to property or a service, means the lowest amount charged at the time that it was provided for the same kind and quantity of property or service or for the same usage of property or money, by

the person who provided it, if the person is in the business of providing that property or service; or

another person who provides that property or service on a commercial basis in the area where it was provided, if the person who provided the property or service is not in that business. (valeur commerciale)

Commissioner means the Commissioner of Canada Elections appointed under subsection 509(1). (commissaire)

common-law partner, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year. (conjoint de fait)

contribution means a monetary contribution or a non-monetary contribution. (contribution)

election means an election of a member to serve in the House of Commons. (élection)

election advertising means the transmission to the public by any means during an election period of an advertising message that promotes or opposes a registered party or the election of a candidate, including by taking a position on an issue with which a registered party or candidate is associated. For greater certainty, it does not include

the transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news;

the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be an election;

the transmission of a document directly by a person or a group to their members, employees or shareholders, as the case may be;

the transmission by an individual, on a non-commercial basis on the Internet, of his or her personal political views; or

the making of telephone calls to electors only to encourage them to vote. (publicité électorale)

election advertising expense means an expense incurred in relation to

the production of an election advertising message; and

the transmission of an election advertising message to the public. (dépenses de publicité électorale)

election documents means the following documents:

the writ with the return of the election endorsed on it;

the nomination papers and other documents filed by the candidates or filed on their behalf under section 67;

the reserve supply of undistributed blank ballot papers;

documents relating to the revision of the lists of electors;

the statements of the vote from which the validation of results was made;

the other documents sent to the Chief Electoral Officer from the various polling stations, the various advance polling stations or the returning officer’s office, including

stubs and unused ballot papers,

ballot papers cast for the various candidates,

spoiled ballot papers,

rejected ballot papers,

the list of electors used at the polling station, advance polling station or returning officer’s office,

written authorizations of candidates’ representatives,

used transfer certificates, if any, and

registration certificates; and

the prescribed forms referred to in section 162 — other than those referred to in paragraph 162(i.1) — and any other prescribed form to be used at a polling station, advance polling station or returning officer’s office that contains personal information relating to an elector. (documents électoraux)

election officer means a person referred to in subsection 22(1) or appointed under section 32. (fonctionnaire électoral)

election period means the period beginning with the issue of the writ and ending on polling day or, if the writ is withdrawn under subsection 59(1) or is deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act, on the day that the writ is withdrawn or deemed to be withdrawn. (période électorale)

election survey means a survey respecting whether persons intend to vote at an election or who they voted for or will vote for at an election or respecting an issue with which a registered party or candidate is associated. (sondage électoral)

elector means a person who is qualified as an elector under section 3. (électeur)

electoral district means a place or territorial area that is represented by a member in the House of Commons. (circonscription)

electoral district agent means a person appointed under subsection 456(1), and includes the financial agent of a registered association. (agent de circonscription)

electoral district association means an association of members of a political party in an electoral district. (association de circonscription)

eligible party means a political party that satisfies the criteria for registration set out in section 387. (parti admissible)

future elector means a Canadian citizen who is 14 years of age or older but under 18 years of age. (futur électeur)

judge, when used to define the judicial officer on whom is conferred specific powers, means

in relation to the Province of Ontario, a judge of the Superior Court of Justice;

in relation to the Province of Quebec, a judge of the Superior Court of Quebec;

in relation to the Provinces of Nova Scotia, British Columbia and Prince Edward Island, a judge of the Supreme Court of the Province;

in relation to the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, a judge of the Court of Queen’s Bench of the Province;

in relation to the Province of Newfoundland and Labrador, a judge of the Trial Division of the Supreme Court of Newfoundland and Labrador;

in relation to the electoral district of Yukon, a judge of the Supreme Court of Yukon;

in relation to the electoral district of the Northwest Territories, a judge of the Supreme Court of the Northwest Territories;

in relation to the electoral district of Nunavut, a judge of the Nunavut Court of Justice; and

in relation to any place or territory in Canada,

if a vacancy exists or arises in the office of any such judge or if such a judge is unable to act by reason of illness or absence from their judicial district, the judge exercising the jurisdiction of that judge,

if there is more than one judge exercising that jurisdiction, the senior of them, and

if no judge is exercising that jurisdiction, a judge designated for the purpose by the Minister of Justice. (juge)

leadership campaign agent means a person appointed under subsection 478.5(1), and includes the financial agent of a leadership contestant. (agent de campagne à la direction)

leadership campaign expense[Repealed, 2018, c. 20, s. 1]

leadership contest means a competition for the selection of the leader of a registered party. (course à la direction)

leadership contestant means a person who has been registered in the registry of leadership contestants referred to in section 478.4 in respect of a leadership contest and who, or whose financial agent, has not yet complied with sections 478.8 to 478.97 in respect of that leadership contest. (candidat à la direction)

list of electors means the list showing the surname, given names, civic address and mailing address of every elector in a polling division and the identifier that is assigned to the elector by the Chief Electoral Officer. (liste électorale)

member means a member of the House of Commons. (député)

Minister means the member of the Queen’s Privy Council for Canada designated by the Governor in Council for the purposes of this Act. (ministre)

monetary contribution means an amount of money provided that is not repayable. (contribution monétaire)

National Capital Region means the National Capital Region as described in the schedule to the National Capital Act. (région de la capitale nationale)

nomination campaign expense[Repealed, 2018, c. 20, s. 1]

nomination contest means a competition for the selection of a person to be proposed to a registered party for its endorsement as its candidate in an electoral district. (course à l’investiture)

nomination contestant means a person who is named as a nomination contestant under paragraph 476.1(1)(c) in a report filed in accordance with subsection 476.1(1) in respect of a nomination contest and who, or whose financial agent, has not yet complied with sections 476.75 to 476.94 in respect of that nomination contest. (candidat à l’investiture)

non-monetary contribution means the commercial value of a service, other than volunteer labour, or of property or of the use of property or money to the extent that they are provided without charge or at less than their commercial value. (contribution non monétaire)

oath includes a solemn affirmation and a statutory declaration. (serment)

official agent means a person appointed under subsection 477.1(1) or an official agent’s replacement appointed under section 477.42. (agent officiel)

official list of electors means the list of electors prepared by the returning officer under section 106. (liste électorale officielle)

partisan advertising means the transmission to the public by any means during a pre-election period of an advertising message that promotes or opposes a registered party or eligible party or the election of a potential candidate, nomination contestant or leader of a registered party or eligible party, otherwise than by taking a position on an issue with which any such party or person is associated. For greater certainty, it does not include

the transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news;

the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be an election;

the transmission of a document by a Senator or a member the expense of which is paid by the Senate or House of Commons;

the transmission of a document directly by a person or a group to their members, employees or shareholders, as the case may be;

the transmission by an individual, on a non-commercial basis on the Internet, of his or her personal political views; or

the making of telephone calls to electors only to encourage them to vote. (publicité partisane)

partisan advertising expense means an expense incurred in relation to

the production of a partisan advertising message; and

the transmission of a partisan advertising message to the public. (dépenses de publicité partisane)

periodical publication means a paper, magazine or periodical that is published periodically or in parts or numbers and that contains public news, intelligence or reports of events, or advertisements. (publication périodique)

personal information means personal information as defined in section 3 of the Privacy Act. (renseignements personnels)

political affiliation, in respect of a candidate, means the name of the political party that has endorsed him or her or the word “independent”, as the case may be, included in the nomination paper in accordance with subparagraph 66(1)(a)(v). (appartenance politique)

political party means an organization one of whose fundamental purposes is to participate in public affairs by endorsing one or more of its members as candidates and supporting their election. (parti politique)

polling day, in relation to an election, means the date fixed for voting at the election under paragraph 57(1.2)(c) or subsection 59(4) or 77(2). (jour du scrutin)

polling division means a polling division referred to in section 538. (section de vote)

polling station means a place established under section 120, 122, 125, 205, 206, 207, 253 or 255 for electors to cast their votes. (bureau de scrutin)

potential candidate means a person whose nomination as a candidate at an election has not been confirmed under subsection 71(1) but who

is selected in a nomination contest;

is deemed to be a candidate under section 477;

is a member or, if Parliament is dissolved, was a member on the day before the dissolution; or

has the support of a political party to be a candidate of that party. (candidat potentiel)

pre-election period means the period beginning on the June 30 before the day set in accordance with subsection 56.1(2) for the holding of a general election and ending on the day before the earlier of

the first day of an election period for a general election, and

the 37th day before the Monday referred to in subsection 56.1(2) or, if the Governor in Council makes an order under subsection 56.2(3), the 37th day before the alternate day referred to in that order. (période préélectorale)

preliminary list of electors means the list of electors prepared by the Chief Electoral Officer under subsection 93(1). (liste électorale préliminaire)

prescribed, in relation to a form or a solemn declaration, means one that is authorized by the Chief Electoral Officer. (prescrit)

recount means a recount of votes by a judge under Part 14. (dépouillement judiciaire)

registered agent means a person appointed under subsection 396(1), and includes the chief agent of a registered party. (agent enregistré)

registered association means an electoral district association that is registered in the registry of electoral district associations referred to in section 455. (association enregistrée)

registered party means a political party that is registered in the registry of political parties referred to in section 394 as a registered party. (parti enregistré)

Register of Electors means the Register of Electors established under paragraph 44(1)(a). (Registre des électeurs)

Register of Future Electors means the Register of Future Electors established under paragraph 44(1)(b). (Registre des futurs électeurs)

revised list of electors means the list of electors prepared by the returning officer under section 105. (liste électorale révisée)

spoiled, in relation to a ballot or a special ballot as defined in section 177, means

one that has not been deposited in the ballot box but has been found by an election officer or a unit election officer as defined in section 177 to be soiled or improperly printed; or

one that is dealt with under subsection 152(1), including in relation to advance polls by virtue of subsection 171(1), or subsection 213(4), 242(1) or 258(3). (annulé)

volunteer labour means any service provided free of charge by a person outside their working hours, but does not include such a service provided by a person who is self-employed if the service is one that is normally charged for by that person. (travail bénévole)

writ means a writ of election. (bref)

For the purposes of this Act, the commercial value of any capital asset that is used during a nomination contest, an election period or a leadership contest, as the case may be, is the lower of

the commercial value of the rental of the same kind of asset during the period during which the capital asset was used, and

the commercial value of the same kind of asset if one were purchased.

For the purposes of this Act, other than section 477.9, the commercial value of property or a service is deemed to be nil if

the property or service is provided by a Canadian citizen, or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, who is not in the business of providing that property or service; and

the commercial value of the property or service is $200 or less.

For the purposes of this Act, satisfactory proof of identity and satisfactory proof of residence are established in the manner determined by the Chief Electoral Officer.

A reference to a time of day in this Act is a reference to local time.

If, in any provision of this Act, a reference to another provision of this Act or a provision of any other Act is followed by words in parentheses that are or purport to be descriptive of the subject-matter of the provision referred to, those words form no part of the provision in which they occur but are inserted for convenience of reference only.

If a writ for an election is withdrawn under subsection 59(1) or is deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act, then, in Parts 16.1 and 17 and Divisions 1, 2, 4 and 5 of Part 18, polling day means the day that the writ is withdrawn or deemed to be withdrawn.

For the purposes of the definitions election advertising and partisan advertising, promoting or opposing includes

in relation to a registered party or eligible party,

naming it,

identifying it, including by its logo, and

providing a link to an Internet page that does anything referred to in subparagraphs (i) and (ii); and

in relation to the election of a potential candidate, a nomination contestant, a candidate or a leader of a registered party or eligible party,

naming him or her,

showing a photograph, cartoon or drawing of him or her,

identifying him or her, including by political affiliation or by any logo that he or she has, and

providing a link to an Internet page that does anything referred to in subparagraphs (i) to (iii).

Every person who is a Canadian citizen and who on polling day is 18 years of age or older is qualified as an elector.

[Repealed, 2018, c. 31, s. 3]

[Repealed, 2018, c. 31, s. 3]

Subject to this Act, every person who is qualified as an elector is entitled to have his or her name included in the list of electors for the polling division in which he or she is ordinarily resident and to vote at the polling station for that polling division.

[Repealed, 2018, c. 31, s. 4]

The place of ordinary residence of a person is the place that has always been, or that has been adopted as, his or her dwelling place, and to which the person intends to return when away from it.

A person can have only one place of ordinary residence and it cannot be lost until another is gained.

The place of ordinary residence of a person who resides outside Canada is their last place of ordinary residence in Canada.

Temporary absence from a place of ordinary residence does not cause a loss or change of place of ordinary residence.

If a person usually sleeps in one place and has their meals or is employed in another place, their place of ordinary residence is where they sleep.

Temporary residential quarters are considered to be a person’s place of ordinary residence only if the person has no other place that they consider to be their residence.

A shelter, hostel or similar institution that provides food, lodging or other social services to a person who has no dwelling place is that person’s place of ordinary residence.

If the rules set out in section 8 are not sufficient to determine the place of ordinary residence, it shall be determined by the appropriate election officer by reference to all the facts of the case.

Each candidate at a general election who, on the day before the dissolution of Parliament immediately before the election, was a member, and any elector living with the candidate on that day who would move, or has moved, with the candidate to continue to live with the candidate, is entitled to have his or her name entered on the list of electors for, and to vote at the polling station to which is assigned, the polling division in which is located

the place of ordinary residence of the former member; or

[Repealed, 2018, c. 31, s. 6]

the office of the returning officer for the electoral district in which the former member is a candidate.

[Repealed, 2018, c. 31, s. 6]

If a candidate or elector referred to in subsection (1) provides notice to the returning officer, at least two days before polling day, of his or her intention to vote at the polling station, the candidate or elector is entitled to have his or her name entered on the list of electors for, and to vote at the polling station to which is assigned, any polling division in

the electoral district in which the former member is a candidate; or

the electoral district in the National Capital Region where the former member resides for the purpose of carrying out parliamentary duties.

[Repealed, 2018, c. 31, s. 7]

No elector is entitled to vote at a by-election unless his or her place of ordinary residence on polling day is situated in the same electoral district that includes the polling division in which was situated the elector’s place of ordinary residence at the beginning of the revision period established by section 96.

For the purpose of a by-election only and despite anything in this Act, an elector who, during the period between the beginning of the revision period and ending on polling day, has changed his or her place of ordinary residence from one polling division to another polling division in the same electoral district may register his or her name on the list of electors in the new polling division.

There shall be a Chief Electoral Officer who shall be appointed by resolution of the House of Commons to hold office during good behaviour for a term of 10 years. He or she may be removed for cause by the Governor General on address of the Senate and House of Commons.

A person who has served as Chief Electoral Officer is not eligible for re-appointment to that office.

In case of the death, incapacity or negligence of the Chief Electoral Officer while Parliament is not sitting, a substitute Chief Electoral Officer shall, on the application of the Minister, be appointed by order of the Chief Justice of Canada or, in the absence of the Chief Justice of Canada, by the senior judge of the Supreme Court of Canada then present in Ottawa.

A substitute Chief Electoral Officer shall act as Chief Electoral Officer until 15 days after the beginning of the next session of Parliament unless the Chief Justice of Canada or the judge who made the order to appoint the substitute Chief Electoral Officer sooner directs that the order be revoked.

In the absence of both the Chief Justice of Canada and of the judge who made the order to appoint the substitute Chief Electoral Officer, the order may be revoked by any other judge of the Supreme Court of Canada.

The substitute Chief Electoral Officer is entitled to be paid the remuneration fixed by the Governor in Council.

Subject to subsections 509.1(2) and (3), the Chief Electoral Officer shall rank as and have all the powers of a deputy head of a department, shall perform the duties of the office on a full-time basis and shall not hold any other office under Her Majesty or engage in any other employment.

The Chief Electoral Officer shall be paid a salary equal to the salary of a judge of the Federal Court, other than the Chief Justice of that Court, and is entitled to be paid reasonable travel and living expenses while absent from his or her ordinary place of residence in the course of his or her duties.

The Chief Electoral Officer is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

The Chief Electoral Officer shall communicate with the Governor in Council through the Minister for the purposes of this Act.

The Chief Electoral Officer shall

exercise general direction and supervision over the conduct of elections;

ensure that all election officers act with fairness and impartiality and in compliance with this Act;

issue to election officers the instructions that the Chief Electoral Officer considers necessary for the administration of this Act; and

exercise the powers and perform the duties and functions that are necessary for the administration of this Act, other than Division 1.1 of Part 16.1.

The Chief Electoral Officer shall, in accordance with this section, issue guidelines and interpretation notes on the application of this Act — other than Division 1.1 of Part 16.1 — to registered parties, registered associations, nomination contestants, candidates and leadership contestants.

The Chief Electoral Officer shall, in accordance with this section, on application by the chief agent of a registered party, issue a guideline or interpretation note on the application of a provision of this Act — other than a provision of Division 1.1 of Part 16.1 — to registered parties, registered associations, nomination contestants, candidates and leadership contestants.

Before issuing a guideline or interpretation note, the Chief Electoral Officer shall provide a copy of the proposed guideline or interpretation note to the Commissioner and to the members of the Advisory Committee of Political Parties established by subsection 21.1(1). The Commissioner and those members may provide their written comments to the Chief Electoral Officer within 45 days after the day on which the copy is sent.

The Chief Electoral Officer shall, in preparing the guideline or interpretation note, take into consideration any comments received under subsection (3).

[Repealed, 2018, c. 31, s. 9]

[Repealed, 2018, c. 31, s. 9]

The Chief Electoral Officer shall issue the guideline or interpretation note by registering it in the registry referred to in section 16.4 as soon as possible after preparing it.

The guidelines and interpretation notes are issued for information purposes only. They are not binding on registered parties, registered associations, nomination contestants, candidates or leadership contestants.