Election Handbook for Candidates, Their Official Agents and Auditors
3. Nominations - procedures and fees
3.1 Required documents
Candidates must submit specific documents for nomination, which are described in the following sections.
3.1.1 Nomination of candidates by electors
The candidate must be nominated by at least 100 persons (50 in the case of an electoral district listed in Schedule 3 of the Act) qualified as electors in the electoral district where the candidate intends to run. Those electors must sign the nomination paper and their signatures must be witnessed. Elections Canada recommends that candidates submit a larger number of names than required in order to avoid any problems when the names are verified by the returning officer to see if each is a qualified elector in the electoral district.
[66(1)(e), 66(1)(f), 71(2)(b)]The nomination paper must be submitted to the returning officer using the prescribed form obtained from the returning officer.
[66(1)(a)]The nomination paper must include the required minimum number of witnessed signatures of qualified electors who are nominating the candidate.
[66(1)(e), 66(1)(f)]3.1.3 Party leader's letter of endorsement
If the candidate is endorsed by an eligible or registered political party, or at a by-election by a registered party, a letter of endorsement signed by the leader of the party (or, at a general election, by a delegated official) must be submitted at the same time as the nomination paper, if the candidate wishes to have the political affiliation appear on the ballot paper.
[67(4)(c)]An eligible or registered party may endorse only one prospective candidate in each electoral district. Only one registered party's name can appear on the ballot as endorsing a candidate.
[68(1)]A candidate who is not endorsed by an eligible or registered party shall indicate on the nomination paper whether the candidate wishes to be referred to as "independent" or have nothing shown in the election documents. In the latter case, no designation whatsoever would appear on the ballot with the name of the candidate and the candidate must sign page 2 of the nomination paper.
[66(1)(a)(v)]3.1.4 Acceptance of official agent and auditor
The official agent must signify acceptance of his or her appointment by signing on page 6 of the candidate's nomination paper. In addition, the nomination paper must be accompanied by the statement of acceptance signed by the auditor in order to be received by the returning officer.
[66(1)(b), 67(4)(b)]In addition to filing the necessary documents, candidates must make a declaration as to consent to nomination and designation of official agent and auditor. This oath must be taken before the returning officer at the time of filing, or before a person authorized to receive oaths. In either case, the candidate must take the oath in the presence of a witness. The witness must, in turn, take the oath of witness to consent of candidate before the returning officer.
[66(1)(b), 66(1)(c), 66(1)(d), 67(3)]
The nomination process requires the submission of a deposit of $1,000 in Canadian funds, money order or cheque, payable to the Receiver General for Canada.
[67(4)]All candidates are entitled to a full refund of their nomination deposits, provided they comply with the reporting requirements under the Canada Elections Act (i.e. they return to the returning officer, within one month after polling day, the unused official receipts, and they transmit to the Chief Electoral Officer, within four months after polling day, the Candidate's Electoral Campaign Return and related documents as required by the Act).
[468]
A candidate's nomination documents may be filed by the witness to the candidate's consent with the returning officer after the issue of the latter's Notice of Election, but no later than 2 p.m. Monday, the 21st day before polling day.
[67(1)]The returning officer must verify the nomination documents within 48 hours which will result in the returning officer confirming or refusing the nomination.
[71(3)]
3.4 Advantages of early filing of nomination paper
During the verification process, if there is a problem with the nomination documents, a candidate can correct or replace them until 2 p.m. on the 21st day before polling day. If the candidate files at the last minute, there is no opportunity to make any corrections if the above deadline has passed.
Candidates receive access to the preliminary lists of electors as soon as their nomination is confirmed by the returning officer.
[94(1)]Official agents can issue tax receipts for contributions received in the period starting with the day on which the candidate is confirmed.
[438(3)]
3.5 Confirmation of nomination
No later than 48 hours after a nomination paper is filed, the returning officer will give notice to the prospective candidate of the confirmation of the nomination or of the refusal to accept the nomination.
[74(1)]Before accepting or refusing a nomination, and in accordance with instructions issued by the Chief Electoral Officer, the returning officer will verify that:
- the nomination paper is complete, including the appropriate number of signatures of electors nominating the candidate; and
[71(2)(a)]- that the signatures are those of electors who are entitled to vote in the electoral district in which the candidate intends to seek nomination.
[71(2)(b)]
A candidate may withdraw from the election at any time prior to 5 p.m. on the closing day for nominations. If the candidate is one endorsed by a registered party and the withdrawal takes place after 2 p.m. on the closing day for nominations, the party will not be able to appoint a replacement candidate.
[74(1)]The candidate who withdraws from the election must file, in person, a signed declaration to that effect with the returning officer. Two persons who are qualified as electors in the electoral district in which the candidate was confirmed must witness the declaration.
[74(1)]A candidate who withdraws from the election must still submit the Candidate's Electoral Campaign Return and related documentation and declarations, together with the auditor's report and checklist. If no contribution was received and no expense was incurred, a return marked "NIL" must be submitted together with the Candidate's Statement of Personal Expenses and the auditor's report and checklist.
[451(1)]
If a candidate endorsed by a registered party dies during the period beginning at 2 p.m. on the fifth day before the close of nominations and ending at the close of the polls on polling day, the election in the electoral district is postponed and the closing day for nominations in that electoral district is moved to the second Monday following the date of the candidate's death.
[77(1), 469]When an officially nominated candidate dies before the date specified for submitting the Candidate's Electoral Campaign Return, the official agent still has the responsibility of complying with the Act.
[451(1), 451(6), 456(2)]
3.8 Documents available to candidate
Candidates can obtain copies of the following election notices and documents from the returning officer:
- two copies of the Advance Poll Notice;
[172(b)]- one copy of the Notice of Mobile Poll;
[125(3)]- one copy of the Notice of Grant of a Poll;
- up to 10 copies of a document setting out a description of the boundaries of the polling divisions in the electoral district;
[64(4)] and- up to 5 copies of the returning officer's aide-mémoire (election calendar).
Candidates can obtain copies of the following lists from the returning officer:
- one printed copy of the preliminary lists of electors and one electronic copy, which includes Canadian Forces electors and electors who temporarily reside outside Canada, prepared pursuant to the Special Voting Rules and on the request of a candidate, the returning officer may provide a maximum of four additional printed copies of the preliminary list of electors;
[94(1), 94(2)]- on the 11th and 3rd days before polling day one paper and one electronic copy of the revised and official lists of electors, and on request, up to 4 additional paper copies. It is recommended that candidates inform the returning officer of the number of additional copies required as early as possible to avoid unnecessary printing costs;
[107(3)]- the list of names of the revising agents for the electoral district; and
[33(5)]- the list of names and addresses of the deputy returning officers and poll clerks who will act at each polling station on polling day.
[112]Lists of electors may only be used for communicating with electors during an election period, and for soliciting contributions and campaigning.
[110(3)]3.8.3 Publications, forms and guidelines
Candidates can obtain copies of the following publications, forms and guidelines from the returning officer:
[478(1)]
- up to 5 copies of the consolidation of the Canada Elections Act, prepared by Elections Canada;
- up to two additional copies of this handbook;
- a kit containing the necessary documents to keep financial records and to submit returns;
- at the request of the official agent, official receipts for contributions for income tax purposes;
[477]- forms for appointing representatives at the polls and registration desks (i.e., scrutineers);
[135(2)] and- the Guidelines for Representatives of Candidates at the polls and registration desk.
3.8.4 Documentation of results
Candidates can obtain copies of the following election documents concerning the election results from the returning officer:
- the returning officer's Certificate of the Result of Voting or, after a judicial recount, the judge's certificate;
[297, 308(b)] and- a copy of the Return of the Writ (the official declaration that a candidate is elected or that the election resulted in a tie).
[315(1)]
3.9 Nomination of election officers
Candidates or registered parties, as the case may be, may recommend lists of persons for appointment by returning officers to act in specific election officer positions. If they fail to make their recommendations or have not recommended a sufficient number of suitable persons, returning officers may solicit names from other sources.
[33(1), 34(1), 36, 39(3), 39(4)]3.9.1 Deputy returning officers and poll clerks
The returning officer appoints one deputy returning officer in each polling station from lists supplied by the current candidate representing the registered party whose candidate finished first in the electoral district in the last election, and appoints one poll clerk in each polling station from lists supplied by the current candidate of the registered party whose candidate finished second.
[34(1)]The returning officer will also appoint in the same manner deputy returning officers and poll clerks, as required, to verify the outer envelopes and to count local special ballots from lists of persons recommended by registered parties.
[273(2)]As close as is possible, the returning officer appoints one half of the revising agents among the persons recommended by the registered party whose candidate finished first in the last election in the electoral district, and one half from among the persons recommended by the registered party whose candidate finished second.
[33(1)]As close as is possible, the returning officer appoints one half of the registration officers among the persons recommended by the candidate of the registered party whose candidate finished first in the last election in the electoral district, and one half from among the persons recommended by the candidate of the registered party whose candidate finished second.
[39(3)]
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