Canada Elections Act
PART 21
GENERAL
Reports of Chief Electoral Officer
533. The Chief Electoral Officer shall, in the case of a general election, without delay, and, in the case of a by-election, within 90 days after the return of the writ, publish, in the manner and form that he or she considers appropriate, a report that sets out
- (a) by polling division, the number of votes cast for each candidate, the number of rejected ballots and the number of names on the final list of electors; and
- (b) any other information that the Chief Electoral Officer considers relevant.
Report to Speaker on general election
534. (1) In the case of a general election, the Chief Electoral Officer shall, within 90 days after the date provided for in paragraph 57(2)(c), make a report to the Speaker of the House of Commons that sets out
- (a) any matter or event that has arisen or occurred in connection with the administration of the Chief Electoral Officer's office since the last report and that he or she considers should be brought to the attention of the House of Commons; and
- (b) any measures that have been taken under subsection 17(1) or (3) or sections 509 to 513 since the issue of the writs that he or she considers should be brought to the attention of the House of Commons.
Report to Speaker on by-elections
(2) If there are one or more by-elections in a year, the Chief Electoral Officer shall, within 90 days after the end of the year, make a report to the Speaker of the House of Commons that sets out
- (a) any matter or event that has arisen or occurred in connection with the administration of the Chief Electoral Officer's office since the last report under this section and that he or she considers should be brought to the attention of the House of Commons; and
- (b) any measures that have been taken under subsection 17(1) or (3), subsection 178(2) or sections 509 to 513 in relation to each of the by-elections and that he or she considers should be brought to the attention of the House of Commons.
Report on proposed legislative amendments
535. The Chief Electoral Officer shall, as soon as possible after a general election, make a report to the Speaker of the House of Commons that sets out any amendments that, in his or her opinion, are desirable for the better administration of this Act.
Consultation
535.1 The Chief Electoral Officer may, before making a report under section 534 or 535, consult the Director of Public Prosecutions on any question relating to measures taken under section 511 or 512.
S.C. 2006, c. 9, s. 135.
Report on returning officer qualifications
535.2 Whenever the Chief Electoral Officer, pursuant to subsection 24(1.1), prescribes the qualifications for the appointment of persons as returning officers or establishes a process for their appointment or a procedure for their removal – or modifies those qualifications, that process or that procedure in a significant manner – the Chief Electoral Officer shall report accordingly to the Speaker of the House of Commons without delay.
S.C. 2006, c. 9, s. 177.
Submission of report to House of Commons
536. The Speaker of the House of Commons shall submit a report received by him or her from the Chief Electoral Officer under section 534, 535 or 535.2 to the House of Commons without delay.
S.C. 2006, c. 9, s. 177.
536.1 After the submission to the House of Commons of a report under section 535 in relation to the first general election following the coming into force of this section, any committee of that House to which the report is referred shall, in addition to considering the report, consider the effects of the provisions of this Act concerning political financing that came into force on the same day as this section.
S.C. 2003, c. 19, s. 63.1.
537. (1) Every candidate, official agent of a candidate or leader or chief agent of a registered party or eligible party may send to the Chief Electoral Officer a statement in writing that contains any complaint with respect to the conduct of the election or of an election officer or any suggestion as to changes or improvements in the law that the person wishes to make.
Inclusion in a report
(2) If the Chief Electoral Officer considers it appropriate, the Chief Electoral Officer may include in a report referred to in section 534 or 535 any document or a part or a summary of one that relates to a complaint or suggestion received under subsection (1).
Polling Divisions
538. (1) Each polling division shall contain at least 250 electors unless the Chief Electoral Officer agrees otherwise.
Boundaries of polling divisions
(2) Subject to subsection (3), the polling divisions of an electoral district in a general election remain the same as at the immediately preceding general election.
Revision
(3) The Chief Electoral Officer may instruct a returning officer to revise the boundaries of any polling division in the returning officer's electoral district, and may fix the date by which the revision shall be completed.
Factors
(4) The returning officer shall revise the polling divisions in accordance with the instructions of the Chief Electoral Officer, taking into account the polling divisions established by municipal and provincial authorities and the accessibility by electors to the polling stations established in them.
Institutions
(5) A returning officer may, with the approval of the Chief Electoral Officer, constitute polling divisions that consist of two or more institutions where seniors or persons with a physical disability reside.
Amendments to Schedule 3
Amendments to list of electoral districts
539. (1) Subject to subsection (2), the Chief Electoral Officer may amend the list of electoral districts set out in Schedule 3 by
- (a) adding to it, where the Chief Electoral Officer is of the opinion
that the exigencies of restricted communication or transportation facilities
require the addition for the better operation of this Act, the name of any
electoral district that
- (i) is described in a representation order declared under the Electoral Boundaries Readjustment Act to be in force, and
- (ii) coincides with or includes the whole or a part of an electoral district that was set out in Schedule 3 as it read on July 15, 1971; or
- (b) deleting from it the name of any electoral district referred to in subparagraph (a)(ii) that is not described in a representation order referred to in subparagraph (a)(i).
Time
(2) No amendment to the list of electoral districts set out in Schedule 3 may be made later than seven days after a representation order and no such amendment becomes effective until notice of it has been published in the Canada Gazette.
Custody of Election Documents and Documents Relating to the Register of Electors
Chief Electoral Officer to retain election documents
540. (1) The Chief Electoral Officer shall retain in his or her possession the election documents sent to him or her by a returning officer, with the return of the writ, for at least one year if the election is not contested during that time and, if the election is contested, for one year after the end of the contestation.
Documents relating to Register of Electors
(2) The Chief Electoral Officer shall, for at least two years after receiving them, retain in his or her possession, on film or in electronic form, all documents that relate to the updating of the Register of Electors.
Inspection of documents
(3) No election documents, or documents that relate to the establishment or updating of the Register of Electors, that are retained in the custody of the Chief Electoral Officer under subsection (1) or (2) shall, during the period of their retention, be inspected or produced except under an order of a judge of a superior court, which, if made, the Chief Electoral Officer shall obey.
Exception
(4) Subsection (3) does not prohibit the Chief Electoral Officer, any authorized member of his or her staff or the Commissioner from inspecting the documents referred to in that subsection, and any of those documents may be produced by the Commissioner for the purpose of an inquiry made under section 510 or provided to the Director of Public Prosecutions who may produce them for the purpose of a prosecution – or possible prosecution – by the Director for an offence under this Act.
Election documents or papers admissible in evidence when certified
(5) When a judge of a superior court has ordered the production of election documents, the Chief Electoral Officer need not, unless the judge orders otherwise, appear personally to produce them but shall certify the documents and send them by courier to the clerk or registrar of the court, who shall, when the documents have served the purposes of the judge, return them by courier to the Chief Electoral Officer.
Certified documents
(6) Documents purporting to be certified by the Chief Electoral Officer are admissible in evidence without further proof.
Filmed or electronic evidence
(7) In any proceedings under this Act, a print that is made from a photographic film or from a document in electronic form made by the Chief Electoral Officer for the purpose of keeping a permanent record of a document, and certified by the Chief Electoral Officer or by a person acting in the name of or under the direction of the Chief Electoral Officer, is admissible in evidence for all purposes for which the recorded document would be admitted as evidence, without proof of the signature or official character of the person appearing to have signed the certificate.
Order of Court
(8) A judge may make an order under subsection (3) on being satisfied by evidence on oath that the inspection or production of a document referred to in that subsection is required for the purpose of instituting or maintaining a prosecution for an offence in relation to an election or for the purpose of an application under subsection 524(1).
Conditions of inspections
(9) An order for the inspection or production of election documents or documents that relate to the updating of the Register of Electors may be made subject to any conditions with respect to persons, time, place and mode of inspection or production that the judge considers appropriate.
S.C. 2006, c. 9, s. 136.
Inspection of instructions, correspondence and other reports
541. (1) All documents referred to in section 403.35, 424, 429, 435.3, 435.35, 451, 455, 478.23 or 478.3, all other reports or statements, other than election documents received from election officers, all instructions issued by the Chief Electoral Officer under this Act, all decisions or rulings by him or her on points arising under this Act and all correspondence with election officers or others in relation to an election are public records and may be inspected by any person on request during business hours.
Extracts
(2) Any person may take extracts from documents referred to in subsection (1) and is entitled to obtain copies of them on payment of a fee of up to $0.25 per page.
Evidence
(3) Any copies of documents referred to in subsection (1) purporting to be certified by the Chief Electoral Officer are admissible in evidence without further proof.
S.C. 2003, c. 19, s. 64.
Fees and Expenses of Election Officers
542. (1) On the recommendation of the Chief Electoral Officer, the Governor in Council may make a tariff fixing or providing for the determination of fees, costs, allowances and expenses to be paid and allowed to returning officers and other persons employed at or in relation to elections under this Act.
Effective date
(2) The Governor in Council may specify that a tariff made under subsection (1) has effect as of a day that is before the one on which it is made.
Copy to House of Commons
(3) A copy of a tariff made under subsection (1) and of any amendment made to one shall be laid before the House of Commons on any of the first 15 days on which that House is sitting after the making of the tariff or amendment.
543. All claims that relate to the conduct of an election shall be paid by separate cheques issued from the office of the Receiver General at Ottawa and sent directly to each person who is entitled to payment.
544. (1) An accountable advance may be made to an election officer to defray office and other incidental expenses in any amount that may be approved under the tariff made under subsection 542(1).
Preparation of accounts
(2) A returning officer shall prepare, in the prescribed form, all accounts to be submitted by the returning officer to the Chief Electoral Officer and is responsible for their correctness.
Increase of fees and allowances
545. (1) If it appears to the Governor in Council that the fees and allowances provided for by a tariff made under subsection 542(1) are not sufficient remuneration for the services required to be performed at an election, or that a claim for any necessary service performed or for materials supplied for or at an election is not covered by the tariff, the Governor in Council may authorize the payment of any sum or additional sum for the services or materials supplied that the Governor in Council considers just and reasonable.
Payment of additional sums
(2) The Chief Electoral Officer may, in accordance with regulations made by the Governor in Council, in any case in which the fees and allowances provided for by a tariff made under subsection 542(1) are not sufficient remuneration for the services required to be performed at an election, or for any necessary service performed, authorize the payment of such additional sum for the services as he or she considers just and reasonable.
546. (1) The Chief Electoral Officer shall, in accordance with the tariff made under subsection 542(1), tax all accounts that relate to the conduct of an election and transmit them without delay to the Receiver General.
Rights saved
(2) Despite subsection (1), the rights, if any, of claimants to compel payment or further payment by process of law remain unimpaired.
Notice
547. (1) When any election officer is by this Act authorized or required to give a public notice and no special mode of notification is indicated, the notice may be in the form and given in the manner established by the Chief Electoral Officer.
Posting of notices, etc.
(2) Notices and other documents required by this Act to be posted may be posted despite any law of Canada or of a province or any municipal ordinance or by-law.
Prohibition – removal of notices
548. (1) No person shall, without authority, remove, cover up or alter any Notice of Election or other document that is authorized or required by this Act to be posted.
Notice
(2) A notice that may be easily read – to the effect that it is an offence with severe penalties to remove, cover up or alter the document – shall appear on, or be posted near, a Notice of Election or other document referred to in subsection (1).
Oaths and Affidavits
549. (1) When an oath or affidavit is authorized or directed to be taken under this Act, it shall be administered by the person who by this Act is expressly required to administer it and, if there is no such person, then by the Chief Electoral Officer or a person designated by him or her in writing, a judge, the returning officer, an assistant returning officer, a deputy returning officer, a poll clerk, a notary public, a provincial court judge, a justice of the peace or a commissioner for taking affidavits in the province.
No fees for oaths, etc.
(2) All oaths or affidavits taken under this Act shall be administered free of charge.
Taking oath falsely
(3) No person shall take falsely an oath that is provided for by this Act.
Compelling or inducing false oath
(4) No person shall compel, induce or attempt to compel or induce any other person to take falsely an oath that is provided for by this Act.
Signed Pledges by Candidates Prohibited
Signed pledges by candidates prohibited
550. No candidate shall sign a written document presented by way of demand or claim made on him or her by any person or association of persons, between the issue of the writ and polling day, if the document requires the candidate to follow a course of action that will prevent him or her from exercising freedom of action in Parliament, if elected, or to resign as a member if called on to do so by any person or association of persons.
By-Elections
551. If a writ is deemed to have been superseded and withdrawn under subsection 31(3) of the Parliament of Canada Act, the Chief Electoral Officer shall publish a notice in the Canada Gazette of the withdrawal of the writ and the cancellation of the election.
Forms
552. Each form established for the purposes of paragraph 424(1)(a) or 429(1)(a) shall be laid before the House of Commons on any of the first 15 days that it is sitting after the form is made by the Chief Electoral Officer.
Payments out of Consolidated Revenue Fund
Amounts to be paid out of C.R.F.
553. The following shall be paid out of unappropriated moneys forming part of the Consolidated Revenue Fund:
- (a) any amount payable under section 15;
- (b) the remuneration paid to a person employed under section 20, any additional remuneration paid to staff referred to in subsection 19(1) for overtime work to enable the Chief Electoral Officer to exercise his or her powers and discharge his or her duties under this Act and any administration expenses that are incurred for that purpose;
- (c) any expenses incurred by the Chief Electoral Officer to acquire information referred to in paragraph 46(1)(b);
- (d) any fees, costs, allowances or expenses referred to in subsection 542(1);
- (e) any expenses incurred by the Chief Electoral Officer for preparing and printing election material and for the purchase of election supplies; and
- (f) on the certificate of the Chief Electoral Officer, any expenses incurred by, on behalf of or in relation to the Commissioner under sections 509 to 513 and 516 to 521.
Amendments
Application of amendments to subsequent election
554. (1) No amendment to this Act applies in an election for which the writ is issued within six months after the passing of the amendment unless, before the issue of the writ, the Chief Electoral Officer has published a notice in the Canada Gazette that the necessary preparations for the bringing into operation of the amendment have been made and that the amendment may come into force accordingly.
Consolidation of amendments
(2) It is the duty of the Chief Electoral Officer immediately after the passing of an amendment to this Act to consolidate the amendment, so far as necessary, in the copies of the Act printed for distribution to returning officers, to correct and reprint all forms and instructions affected by it and to publish a notice in the Canada Gazette as soon as copies of the Act and the forms and instructions have been so corrected and reprinted.
Federal Electoral Legislation – Contents