Canada Elections Act

Part 3

Election Officers

General

Election officers

22. (1) The following persons are election officers:

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:

Qualifications

(4) An election officer must be qualified as an elector and an election officer referred to in any of paragraphs (1)(a), (b), (d) to (g) and (j) must reside in the electoral district in which he or she is to perform duties under this Act.

Exception

(5) In the case of an appointment that is to be made by a returning officer, if he or she is unable to appoint an election officer who meets the requirements set out in subsection (4), he or she may, with the approval of the Chief Electoral Officer, appoint

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.

S.C. 2002, c. 7, s. 91; S.C. 2006, c. 9, s. 173.

Oath

23. (1) Before assuming duties, an election officer shall swear an oath in writing, in the prescribed form, to perform the duties of the office in an impartial manner.

Prohibition

(2) No election officer shall communicate information obtained in the course of performing his or her duties under this Act, other than for a purpose related to the performance of those duties.

Sending of oaths

(3) The returning officer shall send the documents containing the oaths of the returning officer and assistant returning officer without delay to the Chief Electoral Officer.

Returning Officers and Assistant Returning Officers

Appointment of returning officers

24. (1) The Chief Electoral Officer shall appoint a returning officer for each electoral district in accordance with the process established under subsection (1.1) and may only remove him or her in accordance with the procedure established under that subsection.

Qualifications

(1.1) The Chief Electoral Officer shall prescribe the qualifications for the appointment of persons as returning officers, and shall establish for returning officers an external appointment process within the meaning of subsection 2(1) of the Public Service Employment Act on the basis of merit and a fair procedure for their removal on the grounds set out in subsection (7).

Meaning of merit

(1.2) The appointment of a person as a returning officer is made on the basis of merit if the Chief Electoral Officer is satisfied that the person meets the essential qualifications for the work to be performed and has regard to

Term of office

(1.3) A returning officer shall be appointed for a term of ten years.

New term

(1.4) The Chief Electoral Officer may, after consultation with the leader of every recognized political party in the House of Commons, appoint for a new term any returning officer who has performed the functions of a returning officer in a satisfactory manner, whether or not other persons are considered for the appointment, if the office of returning officer is vacant by reason of

(1.5) A returning officer may, with the approval of the Chief Electoral Officer, continue in office after his or her term expires until he or she is reappointed or until another person is appointed to the office.

Responsibility of returning officer

(2) A returning officer is responsible, under the general direction of the Chief Electoral Officer, for the preparation for and conduct of an election in his or her electoral district.

Obligation to act to enable elections to be held

(3) Every returning officer to whom a writ is directed shall, on its receipt, or on notification by the Chief Electoral Officer of its issue, cause to be promptly taken any of the proceedings directed by this Act that are necessary in order that the election may be regularly held.

Vacancy

(4) The office of returning officer does not become vacant unless the returning officer dies, resigns, is removed from office, reaches the end of his or her term of office or ceases to reside in the electoral district, or unless the boundaries of the electoral district are revised as a result of a representation order made under section 25 of the Electoral Boundaries Readjustment Act.

Resignation

(5) A returning officer who intends to resign shall give written notice to that effect to the Chief Electoral Officer and the resignation is effective only when it is accepted by the Chief Electoral Officer.

No partisan conduct

(6) No returning officer shall, while in office, knowingly engage in politically partisan conduct and in particular shall not make a contribution to a candidate, a leadership contestant or a nomination contestant or belong to or make a contribution to, be an employee of or hold a position in, a registered party, an eligible party or a registered association.

Removal from office

(7) The Chief Electoral Officer may remove from office any returning officer who

S.C. 2003, c. 19, s. 2; S.C. 2006, c. 9, s. 174; S.C. 2011, c.26, s. 13

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.

S.C. 2006, c. 9, s. 175.

Assistant returning officer

26. (1) A returning officer shall, without delay after being appointed, appoint in writing an assistant returning officer, who shall hold office at pleasure and send the appointment in writing to the Chief Electoral Officer.

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.

S.C. 2000, c. 12, s. 40.

Authorization

27. (1) The returning officer for an electoral district may, with the prior approval of the Chief Electoral Officer, authorize any person acting under his or her direction to perform any of the functions of a returning officer under this Act, except those described in subsection 24(3), sections 57, 62, 63 and 67, subsections 71(1) and 72(1), sections 74, 77, 103, 104, 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.

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]

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

(3.1) If a returning officer and an assistant returning officer are both absent or unable to act or if both their offices are vacant during an election period, 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, 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.

S.C. 2006, c. 9, s. 176.

Duties of returning officer

29. (1) A returning officer shall

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 who appointed him or her shall without delay appoint a substitute.

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 who appointed him or her or, if the office of returning officer is vacant, to the Chief Electoral Officer.

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) may not perform the functions described in subsections 28(1), 60(2), 70(1) and 293(1).

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.

Election Officers Appointed by Returning Officer

General

Election officers

32. After the issue of the writ, a returning officer shall appoint the following election officers in the prescribed form:

S.C. 2001, c. 21, s. 3.

Revising Agents

Solicitation of names

33. (1) Before appointing revising agents, a returning officer shall solicit names of suitable persons from the registered parties whose candidates finished first and second in the last election in the electoral district and, if sufficient names are not provided by those parties within three days after receipt of the request, the returning officer may solicit names from any other source.

Equal distribution

(2) A returning officer shall appoint half of the revising agents from among the persons recommended by the registered party whose candidate finished first in the last election in the electoral district, and half from among the persons recommended by the registered party whose candidate finished second in that election.

Revising agents to work in pairs

(3) A returning officer shall appoint revising agents to work in pairs and each pair shall consist, as far as possible, of persons recommended by different registered parties.

Replacement

(4) A returning officer may replace a revising agent at any time and the former revising agent shall return all election materials in his or her possession to the returning officer.

Lists of revising agents

(5) Each returning officer shall make available to each candidate a list of the revising agents for the electoral district, on completion of the list.

Identification

(6) Each revising agent shall, while performing his or her functions, wear or carry the identification that is supplied by the Chief Electoral Officer and shall show it on request.

Deputy Returning Officers and Poll Clerks

Deputy returning officers

34. (1) Each deputy returning officer referred to in paragraph 32(b) or (c) shall be appointed from lists of names of suitable persons provided by the candidate of the registered party whose candidate finished first in the electoral district in the last election.

Replacing deputies

(2) A returning officer may, at any time, remove a deputy returning officer.

Poll clerks

35. (1) Each poll clerk referred to in paragraph 32(b) or (c) shall be appointed from lists of names of suitable persons provided by the candidate of the registered party whose candidate finished second in the electoral district in the last election.

Replacing poll clerks

(2) A returning officer may, at any time, remove a poll clerk.

Appointment

36. A returning officer shall proceed to appoint deputy returning officers and poll clerks from other sources if the candidates have not, by the 17th day before polling day, made their recommendations or have not recommended a sufficient number of suitable persons.

Refusal to appoint deputy returning officer

37. (1) A returning officer may, on reasonable grounds, refuse to appoint a deputy returning officer or a poll clerk recommended by a candidate and shall immediately advise the candidate of the refusal.

Recommendation of another person

(2) The candidate may, within 24 hours after being advised of the refusal, recommend another person and, if he or she does not do so, the returning officer shall proceed to appoint another person whose name is solicited from another source.

Replacement for deputy returning officer

38. (1) When the office of deputy returning officer is vacant or if the deputy returning officer is unable or unwilling to act, and the returning officer has not appointed a replacement, the poll clerk shall act as deputy returning officer without taking another oath.

Another poll clerk appointed

(2) When a poll clerk acts as deputy returning officer, the poll clerk shall, in the prescribed form, appoint a person to act as poll clerk.

Registration Officers

Registration offices

39. (1) The returning officer shall establish one or more registration desks in accordance with the instructions of the Chief Electoral Officer.

Appointment of registration officers

(2) The returning officer shall appoint, for each registration desk, a registration officer to receive, on polling day, the applications for registration of electors whose names are not on the list of electors.

Solicitation of names

(3) Before appointing registration officers, the returning officer shall solicit names of suitable persons from the candidates of the registered parties whose candidates finished first and second in the last election in the electoral district, to be submitted to the returning officer no later than the 17th day before polling day. If, by that time, a sufficient number of names of suitable persons are not provided by those candidates, the returning officer may solicit names from other sources.

Equal distribution of appointments

(4) The returning officer shall, as far as possible, appoint half of the registration officers from among the persons recommended by each of the candidates under subsection (3). If either of those candidates did not provide a sufficient number of names of suitable persons, his or her registered party's remaining share of the appointments shall be made from among the names solicited by the returning officer from other sources.

Equality of Votes

List of names to be provided

40. The registered parties that have the right to provide the returning officer with lists of names of suitable persons to be appointed as election officers for the purposes of a by-election under subsection 29(1.1) of the Parliament of Canada Act because of an equality of votes are the same registered parties as those who had that right for the purposes of the election that resulted in the equality of votes.

New Electoral Districts

Results transposed

41. (1) When a new electoral district is established, the Chief Electoral Officer shall transpose the results from the previous general election to the polling divisions that are in the new electoral district in order to determine which registered parties' candidates have the right to provide the returning officer with lists of persons to be appointed as election officers.

Special case

(2) If the Chief Electoral Officer cannot transpose the results from the previous general election to a portion of the new electoral district because no candidate was returned in respect of that portion due to an equality of votes, the Chief Electoral Officer shall transpose the results from the by-election that was subsequently held under subsection 29(1.1) of the Parliament of Canada Act in respect of that portion.

Exception

(3) If, in a case to which subsection (2) applies, a general electionis held before the by-election, the registered parties that have the right to provide the returning officer with lists of names of suitable persons to be appointed as election officers in respect of that general election are the same registered parties as those that had that right for the purposes of the election that resulted in the equality of votes.

Notice to parties

(4) When the Chief Electoral Officer has determined which parties have the right to provide lists of names under subsection (1), (2) or (3), he or she shall notify the parties without delay of that right.

Merger of Registered Parties

Attribution of votes for appointments

42. For the purposes of subsections 33(1) and (2), 34(1), 35(1) and 39(3) and (4) and section 41, in determining whether the candidate of a registered party finished first or second in the last election in a case where the registered party is the result of a merger with two or more parties that were registered parties at that election, there shall be attributed to the candidate of the merged party the number of votes of the candidate of the merging party with the largest number of votes at that election.

Prohibitions

Prohibitions

43. No person shall

Right of access

43.1 (1) No person who is in control of an apartment building, condominium building or other multiple-residence building or a gated community may prevent an election officer or a member of the staff of a returning officer from obtaining access to the building or gated community, as the case may be, between 9:00 a.m. and 9:00 p.m., to perform his or her duties under this Act.

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 the activities referred to in that subsection.

S.C. 2007, c. 21, s. 3.





Federal Electoral Legislation – Contents