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Canada Elections Act

Part 6

Candidates

Qualifications

Ineligible candidates

65. The following persons are not eligible to be a candidate:

S.C. 2002, c. 7, s. 92; S.C. 2014, c. 2, s. 49.

Nomination of Candidates

Manner of nomination

66. (1) A nomination paper shall be in the prescribed form and include

Particulars of candidates

(2) For the purpose of subparagraph(1)(a)(i),

Public knowledge of nickname

(3) A prospective candidate who uses a nickname described in paragraph (2)(b) in his or her nomination paper shall, if the returning officer requests it, provide the returning officer with documents that are determined by the Chief Electoral Officer to be evidence of the common public knowledge of the nickname.

Notification and determination

(4) If the returning officer is of the opinion that a nickname referred to in paragraph(2)(b) could be confused with the name of a political party, he or she shall notify the Chief Electoral Officer, who shall determine whether the nickname may be used as provided in that paragraph.

S.C. 2001, c. 21, s.7; S.C. 2014, c. 12, s. 26.

Witness files nomination paper

67. (1) The witness to the consent referred to in paragraph66(1)(b) shall file the nomination paper with the returning officer in the electoral district in which the prospective candidate is seeking nomination at any time between the issue of the Notice of Election and the close of nominations.

Witness ensures signatures are of electors

(2) The witness shall use due diligence to ensure that the signatures referred to in paragraph66(1)(e) or (f) were all made by electors resident in the electoral district.

Witness swears oath

(3) The witness shall, on filing the nomination paper, swear an oath in writing in the prescribed form before the returning officer stating that

Other requirements

(4) The witness shall file with the returning officer, together with the nomination paper,

S.C. 2001, c. 21, s.8.

Party may endorse only one candidate per district

68. (1) A political party may endorse only one prospective candidate in each electoral district for a given election.

New endorsement

(2) If, with respect to a particular electoral district, a candidate who has been endorsed by a political party dies before 2:00p.m. on the 5thday before the closing day for nominations or withdraws in accordance with subsection74(1), the party may endorse another candidate in that electoral district before the close of nominations.

S.C. 2001, c. 21, s.9.

Closing day for nominations

69. The closing day for nominations shall be Monday, the 21stday before polling day.

Hours of attendance

70. (1) The returning officer and the assistant returning officer shall attend between noon and 2:00p.m. on the closing day for nominations at the office of the returning officer in order that the returning officer may receive nominations for prospective candidates who have not yet filed their nomination papers.

Close of nominations

(2) No nomination may be received from any person who enters the office of the returning officer after 2:00p.m. on the closing day for nominations.

Designated filing place

(3) The returning officer may authorize a person to receive the nomination paper and the deposit, statement and instrument referred to in paragraphs67(4)(a) to (c), respectively, in any place designated by the returning officer. They must be received by the close of nominations.

Notice to candidate of confirmation or refusal

71. (1) The returning officer shall, not later than 48hours after a nomination paper is filed, give the prospective candidate notice, in the prescribed form, of the confirmation of the nomination or of the refusal to accept the nomination.

Verification of nomination papers

(2) Before giving confirmation of a nomination or refusing to accept one, the returning officer shall verify, in accordance with the instructions of the Chief Electoral Officer,

Correction or replacement

(3) A nomination paper that a returning officer has refused to accept may be replaced by another nomination paper or may be corrected if the new or corrected nomination paper is filed with the returning officer by the close of nominations.

Deposit to Receiver General

72. (1) On receipt of the deposit, the returning officer shall issue a receipt to the witness and shall without delay send the deposit to the Chief Electoral Officer who shall without delay send it to the Receiver General.

Refund of deposit

(2) If a returning officer refuses to accept a nomination, the deposit that was filed in support of it shall be refunded to the person in respect of whom the nomination paper was filed.

Electronic filing

73. (1) A prospective candidate may send his or her nomination paper and the statement and instrument referred to in paragraphs67(4)(b) and (c), respectively, by electronic means. In order for the nomination to be valid, the returning officer must receive the deposit referred to in paragraph67(4)(a) and copies in electronic form of the nomination paper, statement and instrument by the close of nominations. The original documents must be received by the returning officer not later than 48hours after the close of nominations.

Cancellation of nomination

(2) If the original documents are not received on time, the returning officer shall cancel the nomination unless the person in respect of whom the nomination paper was filed satisfies the returning officer that all reasonable measures were taken to ensure that the original documents were received on time.

S.C. 2014, c. 12, s. 28(F).

Withdrawal of candidate

74. (1) A candidate may withdraw at any time before 5:00p.m. on the closing day for nominations by filing, in person, with the returning officer a statement in writing to that effect signed by the candidate and witnessed by two electors who are entitled to vote in the electoral district in which the candidate's nomination was confirmed.

Consequences of withdrawal

(2) When a candidate withdraws under subsection(1), any votes cast for the candidate at the election are void.

Minor corrections

75. A candidate may, before 5:00p.m. on the closing day for nominations, provide in writing to the returning officer any change that he or she wishes to be made to his or her name, address or occupation as set out in the nomination paper.

Votes for persons not properly nominated to be void

76. Any votes given for a person other than a candidate are void.

Postponement of closing day for nominations on death of candidate

77. (1) If a candidate endorsed by a registered party dies after 2:00p.m on the 5thday before the closing day for nominations and before the close of polling stations on polling day, the election is postponed and the returning officer shall, after communicating with the Chief Electoral Officer, fix the 2ndMonday after the death as the closing day for nominations in that electoral district.

New polling day

(2) Notice of the day fixed under subsection(1) shall be given by a further Notice of Election distributed and posted as specified by the Chief Electoral Officer, and there shall also be named by the Notice of Election a new polling day, which shall be Monday, the 21stday after the day fixed under that subsection.

Lists of electors

(3) The lists of electors to be used at a postponed election shall be the lists of electors that were revised before the 6thday before the new polling day.

Postponement of election

78. The postponement of an election under section77and the fixing of a new closing day for nominations does not invalidate the nomination of the other candidates.

Ballots void

79. If an election is postponed under section77, all ballots that are cast before the postponement are void and shall be destroyed.

Rights of Candidates

Leave of absence

80. Every employer of employees to whom PartIII of the Canada Labour Code applies shall, on application, grant any such employee leave of absence, with or without pay, to seek nomination as a candidate and to be a candidate for the period during the election period that may be requested.

Canvassing, etc., in residential areas

81. (1) No person who is in control of an apartment building, condominium building or other multiple-residence building or a gated community may prevent a candidate or his or her representative from

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 canvassing or campaigning referred to in that subsection.

S.C. 2007, c. 21, s. 11.

Campaigning in public places

81.1 (1) No person who is in control of a building, land, street or any other place, any part of which is open without charge to members of the public, whether on a continuous, periodic or occasional basis — including any commercial, business, cultural, historical, educational, religious, governmental, entertainment or recreational place — may prevent a candidate or his or her representative from campaigning in or on that part when it is open without charge to members of the public.

Exception

(2) Subsection (1) does not apply in respect of a place if campaigning in or on it would be incompatible with the function and purpose of the place or inconsistent with public safety.

S.C. 2007, c. 21, s. 12.

Obligations of Candidates

Definition of candidate

82. For the purposes of sections83to 88and 90,a candidate is deemed to have been a candidate from the time he or she accepts a contribution or incurs an electoral campaign expense referred to in section406.

Appointment of official agent

83. (1) A candidate shall appoint an official agent before accepting a contribution or incurring an electoral campaign expense.

Appointment of auditor

(2) A candidate shall appoint an auditor on appointing an official agent.

Official agent – ineligible persons

84. The following persons are not eligible to be an official agent:

S.C. 2003, c. 19, s. 3.

Auditor – eligibility

85. (1) The following are eligible to be an auditor for a candidate:

Auditor – ineligible persons

(2) The following persons are not eligible to be an auditor for a candidate:

S.C. 2003, c. 19, s. 4.

Where partnership appointed as official agent or auditor

85.1 Subject to sections84and 85, a person may be appointed as official agent or auditor for a candidate notwithstanding that the person is a member of a partnership that has been appointed as an auditor, in accordance with this Act for

Consent

86. A candidate who appoints an official agent or an auditor shall obtain from the official agent or auditor a signed statement consenting to act in that capacity.

Death, incapacity, resignation or revocation

87. In the event of the death, incapacity, resignation or revocation of the appointment of an official agent or of an auditor, the candidate shall, without delay, appoint another official agent or auditor.

Only one official agent and auditor

88. A candidate may have only one official agent and one auditor at a time.

Prohibition

Ineligible candidate

89. No person shall sign a nomination paper consenting to be a candidate knowing that he or she is not eligible to be a candidate.

Prohibition – official agents

90. (1) No person who is ineligible to act as an official agent of a candidate shall act in that capacity.

Prohibition – auditor

(2) No person who is ineligible to act as an auditor of a candidate shall act in that capacity.

Publishing false statements to affect election results

91. No person shall, with the intention of affecting the results of an election, knowingly make or publish any false statement of fact in relation to the personal character or conduct of a candidate or prospective candidate.

S.C. 2001, c. 21, s.10.

False statement of withdrawal of candidate

92. No person shall knowingly publish a false statement of the withdrawal of a candidate.

Gifts and Other Advantages

Definition of candidate

92.1 For the purposes of sections 92.2 to 92.6, a candidate is deemed to have become a candidate on the earlier of

S.C. 2006, c. 9, s. 40.

Prohibition

92.2 (1) No candidate shall accept any gift or other advantage that might reasonably be seen to have been given to influence him or her in the performance of his or her duties and functions as a member, were the candidate to be elected, during the period that

Exception

(2) Despite subsection (1), a candidate may accept a gift or other advantage that is given by a relative or as a normal expression of courtesy or protocol.

Statement of candidate

(3) The candidate shall provide the Chief Electoral Officer with a statement in the prescribed form that discloses, in respect of all gifts or other advantages that the candidate accepted during the period referred to in subsection (1) whose benefit to the candidate exceeds $500 or, if accepted from the same person or entity in that period, exceeds a total of $500, other than gifts or other advantages given by relatives or made by way of an unconditional, non-discretionary testamentary disposition,

Clarification

(4) For the purposes of subsection (3), the benefit to a candidate of a gift or other advantage that is a service or property, or the use of property or money, is the difference between the commercial value of the service or property or the use of the property or money and the cost, if any, to the candidate.

Period for providing statement

(5) The candidate shall provide the statement to the Chief Electoral Officer within four months after

Definitions

(6) The following definitions apply in this section.

"common-law partnership"
union de fait

"common-law partnership" means the relationship between two persons who are cohabiting in a conjugal relationship, having so cohabited for a period of at least one year.

"gift or other advantage"
cadeau ou autre avantage

"gift or other advantage" means

It does not include a contribution made by an eligible individual under Part 18 to the official agent of a candidate that does not exceed the limits set out in that Part, or a provision of goods or services or a transfer of funds under section 404.2.

"relative"
parent

"relative", in respect of a candidate, means a person related to the candidate by marriage, common-law partnership, birth, adoption or affinity.

S.C. 2006, c. 9, s. 40.

Extension or correction – Chief Electoral Officer

92.3 (1) The Chief Electoral Officer, on the written application of a candidate, may authorize

Deadline

(2) An application may be made

Grounds

(3) The Chief Electoral Officer may not authorize an extension or correction unless he or she is satisfied by the evidence submitted by the candidate in writing that the circumstances giving rise to the application arose by reason of

S.C. 2006, c. 9, s. 40.

Extension or correction – judge

92.4 (1) A candidate may apply to a judge who is competent to conduct a recount for an order authorizing an extension referred to in paragraph 92.3(1)(a) or a correction referred to in paragraph 92.3(1)(b). The applicant shall notify the Chief Electoral Officer of the application.

Deadline

(2) An application may be made within two weeks after

Grounds

(3) A judge may not grant an order unless he or she is satisfied that the circumstances giving rise to the application arose by reason of a factor referred to in either paragraph 92.3(3)(a) or (b).

Contents of order

(4) An order under subsection (1) may require that the candidate satisfy any condition that the judge considers necessary for carrying out the purposes of this Act.

S.C. 2006, c. 9, s. 40.

Chief Electoral Officer to retain statements

92.5 (1) The Chief Electoral Officer shall retain in his or her possession the statements referred to in subsection 92.2(3) for at least one year after the return of the writ for the election.

Information to be kept confidential

(2) The Chief Electoral Officer shall keep confidential the statements provided under subsection 92.2(3).

Exception

(3) Subsection (2) does not prohibit the Commissioner from inspecting the statements referred to in that subsection, and any of those statements may be provided to the Director of Public Prosecutions and produced by that Director for the purpose of a prosecution for an offence under this Act.

S.C. 2006, c. 9, s. 40.

Prohibition – false, misleading or incomplete statement

92.6 No candidate shall provide the Chief Electoral Officer with a statement referred to in subsection 92.2(3) that

S.C. 2006, c. 9, s. 40.





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