Canada Elections Act
Preparation for the Vote
List of Deputy Returning Officers
List of deputies to candidates
112. (1) A returning officer shall, at least three days before polling day, post in his or her office, and provide to each candidate or candidate's representative, a list of the names and addresses of all the deputy returning officers and poll clerks appointed to act in the electoral district, with the number of the polling station at which each is to act.
Access to list
(2) The returning officer shall permit access to, and give full opportunity for the inspection of, the list referred to in subsection (1) by interested persons at any reasonable time.
Delivery to returning officers
113. The Chief Electoral Officer, at any time before the issue of the writ or immediately after the issue of it, shall deliver to the returning officer sufficient quantities of election materials and the necessary instructions for the election officers to perform their duties.
114. (1) The Chief Electoral Officer shall provide the returning officer with the necessary ballot boxes.
Material of ballot box
(2) Each ballot box shall be of the size and shape and made of the material determined by the Chief Electoral Officer and be constructed to allow seals for the use of the returning officers and deputy returning officers to be affixed.
115. (1) As soon as possible after the issue of the writ, the Chief Electoral Officer shall provide the returning officer with the paper on which the ballots are to be printed. The weight and opacity of the paper shall be determined by the Chief Electoral Officer.
(2) Before the closing day for nominations, the Chief Electoral Officer shall deliver to every returning officer the printing material prepared for that election for the purpose of printing the year and the name of the electoral district on the back of the ballot.
Ballot printed in Form 3
116. (1) The returning officer shall, as soon as possible after 2:00 p.m. on the 19th day before polling day, authorize the printing of a sufficient number of ballots in Form 3 of Schedule 1.
Form of ballot
(2) Ballots shall have a counterfoil and a stub, with a line of perforations between the ballot and the counterfoil and between the counterfoil and the stub.
Numbering of ballots
(3) The ballots shall be numbered on the back of the stub and the counterfoil, and the same number shall be printed on the stub as on the counterfoil.
Books of ballots
(4) Ballots shall be in books containing an appropriate number of ballots.
Obligation re ballots, ballot paper
(5) Each printer shall return all of the ballots and all of the unused paper on which the ballots were to have been printed, to the returning officer.
Printer's name and affidavit
(6) Ballots shall bear the name of the printer who, on delivering them to the returning officer, shall include an affidavit in the prescribed form that sets out a description of the ballots, the number of ballots delivered to the returning officer and the fact that all ballots were provided, and all paper returned, as required by subsection (5).
Information on the ballot
117. (1) Ballots shall contain the names of candidates, arranged alphabetically, taken from their nomination papers.
Name of party
(2) The name, in the form referred to in paragraph 366(2)(b), of the political party that has endorsed the candidate shall be listed on the ballot under the name of the candidate if
- (a) the candidate's nomination paper includes it;
- (b) the condition described in paragraph 67(4)(c) is met; and
- (c) no later than 48 hours after the close of nominations, the party is a registered party.
Designation of candidate as independent
(3) The word "independent" shall be listed on the ballot under the name of a candidate who has requested it in accordance with subparagraph 66(1)(a)(v) and may not be so listed in any other case.
Address or occupation on ballot
(5) The ballot shall list under the candidate's name the address or occupation of a candidate who makes a written request to that effect to the returning officer before 5:00 p.m. on the closing day for nominations, if the candidate and another candidate on the ballot have the same name and both candidates have chosen under subparagraph 66(1)(a)(v) to either have the word "independent" or no designation of political affiliation under their names in election documents.
S.C. 2001, c. 21, s. 12; S.C. 2004, c. 24, s. 2; S.C. 2007, c. 21, s. 20.
Property of Her Majesty
118. Ballot boxes, ballots, envelopes and marking instruments procured for an election are the property of Her Majesty.
Supply of Election Materials to Deputy Returning Officer
Materials to be supplied to deputy returning officers
119. (1) Before voting begins, each returning officer shall provide each deputy returning officer in his or her electoral district with
- (a) enough ballots for at least the number of electors on the official
list of electors for the deputy returning officer's polling station;
- (b) a statement showing the number of ballots that are supplied, with
their serial numbers;
- (c) the necessary materials for electors to mark their ballots;
- (d) an adequate number of templates, provided by the Chief Electoral
Officer, to enable electors who are visually impaired to mark their ballots
- (e) a copy of the instructions of the Chief Electoral Officer referred
to in section 113;
- (f) the official list of electors for use at the polling station,
enclosing it when possible in the ballot box with the ballots and other supplies;
- (g) a ballot box;
- (h) the text of the oaths to be administered to electors; and
- (i) the necessary envelopes, forms and other supplies that may be
authorized or provided by the Chief Electoral Officer.
Safekeeping of election materials
(2) Until the opening of the poll, each deputy returning officer is responsible for all election materials in his or her possession and shall take every precaution for the safekeeping of those materials and to prevent any person from having unlawful access to them.
Polling Stations and Central Polling Places
Establishment of polling stations
120. (1) Each returning officer shall, for polling day, establish one polling station for each polling division.
Multiple polling stations
(2) No later than 3 days before a polling day, a returning officer may, with the prior approval of the Chief Electoral Officer, establish several polling stations for a polling division if, because of the number of electors on the list of electors for the polling division, the returning officer believes it necessary for the conduct of the vote, and each of those polling stations is to be designated by the number of the polling division to which is added the letter A, B, C and so on.
Division of list of electors
(3) The returning officer shall divide the official list of electors for a polling division into as many separate lists as are required for the taking of the votes at each polling station.
Certificate of returning officer
(4) To each portion of the official list of electors that is divided, the returning officer shall, before sending the portion to the deputy returning officer for the polling station, append a certificate signed by the returning officer in the prescribed form attesting to its correctness.
121. (1) Subject to subsection (2), a polling station shall be in premises with level access.
(2) If a returning officer is unable to secure suitable premises with level access for use as a polling station, the returning officer may, with the prior approval of the Chief Electoral Officer, locate the polling station in premises without level access.
(3) Each polling station shall contain one or two voting compartments arranged so that each elector is screened from observation and may, without interference or interruption, mark their ballot.
Table or desk
(4) Each voting compartment shall be placed on a hard and smooth surface and shall have in it a suitable black lead pencil for the use of electors in marking their ballots.
Polling station in adjacent polling division
122. (1) If a returning officer is unable to secure suitable premises to be used as a polling station within a polling division, the returning officer may establish a polling station in an adjacent polling division and all the provisions of this Act apply as if the polling station were within the polling division to which it appertains.
Polling station in school or other public building
(2) Whenever possible, a returning officer shall locate a polling station in a school or other suitable public building and shall locate the polling station or the polling stations in a central polling place, at a place or places in the building that will provide ease of access to electors.
Polling station in federal buildings
(3) A returning officer may require the officer in charge of a building owned or occupied by the Government of Canada to make premises in that building available for use as a polling station, and the officer to whom the requirement is directed shall make every reasonable effort to comply with the requirement.
Central polling place
123. (1) A returning officer may, if he or she considers it advisable, place several polling stations together in a central polling place.
Number of polling stations
(2) A returning officer shall not group together more than 15 polling stations in a central polling place without the prior approval of the Chief Electoral Officer.
(3) On the establishment of a central polling place under subsection (1), all of the provisions of this Act apply as if each polling station at the central polling place were within the polling division to which it appertains.
Appointments at central polling place
124. (1) When a returning officer establishes a central polling place, the returning officer may appoint, with the prior approval of the Chief Electoral Officer,
- (a) an information officer to provide information to the electors;
- (b) a person responsible for maintaining order.
Central poll supervisor
(2) When a returning officer establishes a central polling place that contains four or more polling stations, the returning officer may appoint a central poll supervisor to attend at the central polling place on polling day to supervise proceedings and keep the returning officer informed of any matter that adversely affects, or is likely to adversely affect, the proceedings.
Mobile polling station
125. (1) When a polling division consisting of two or more institutions is constituted under subsection 538(5), the returning officer may establish a mobile polling station to be located in each of those institutions successively.
Voting hours for mobile polling station
(2) The returning officer shall set the times during which a mobile polling station will be located in the institutions referred to in subsection (1).
(3) The returning officer shall give notice to the candidates of the itinerary of the mobile polling station in accordance with the instructions of the Chief Electoral Officer.
Provisions applicable to mobile polls
(4) Subject to the instructions of the Chief Electoral Officer, the provisions of this Act that relate to ordinary polls shall, in so far as they are applicable, apply to mobile polling stations.
Prohibitions re ballots, etc.
126. No person shall
- (a) forge a ballot;
- (b) without authority under this Act, print a ballot or what purports
to be or is capable of being used as a ballot at an election;
- (c) being authorized under this Act to print a ballot, knowingly print
more ballot papers than the person is authorized to print;
- (d) print a ballot or what purports to be or is capable of being used
as a ballot at an election with the intention of causing the reception of
a vote that should not have been cast or the non-reception of a vote that
should have been cast; or
- (e) manufacture, import into Canada, have in possession, supply to
an election officer, or use for the purpose of an election, or cause to be
manufactured, imported into Canada, provided to an election officer, or used
for the purposes of an election, a ballot box that contains a compartment
into which a ballot may be secretly placed or a device by which a ballot may
be secretly altered.