• Table F.1 Right to be a candidate
• Table F.2 Requirements for nomination and registration

In all Canadian jurisdictions, those who wish to run as candidates at an election or establish a registered or authorized political party must meet certain requirements. In some cases, there are also registration requirements for local associations, leadership contestants and third parties.

The right to be a candidate is guaranteed by the Canadian Charter of Rights and Freedoms (section 3). In most jurisdictions, anyone who meets the eligibility requirements for voting is also eligible to be a candidate. Nova Scotia is the only jurisdiction that requires candidates to be older (19 years old) than the voting age of 18. Each jurisdiction also specifies who is not eligible to run, for instance, people who have been convicted of an election-related offence, the Chief Electoral Officer or returning officers, or inmates. Disqualifying criteria vary among jurisdictions and may result indirectly from Legislative Assembly or civil service Acts that disqualify certain people from sitting as members.

To encourage those who wish to seek nomination, some jurisdictions have provisions giving candidates the right to a leave of absence from work. That is the case in Canada, Quebec, Manitoba and British Columbia. In Canada, an employer may grant a leave of absence with or without pay, but in Quebec, Manitoba and British Columbia, a leave of absence may only be granted without pay.

To be a candidate, a person must file nomination papers with the returning officer. All jurisdictions require prospective candidates to gather a certain number of signatures, and most require them to pay a deposit, Quebec and Manitoba being the exceptions. The deposit is usually reimbursed to candidates if they obtain a certain percentage of valid votes. In Canada and in Newfoundland and Labrador, however, the deposit is entirely reimbursed if the candidate has completed and returned all required documents and forms, regardless of the percentage of votes. In all jurisdictions, a candidate must appoint an official agent or representative to deal with financial matters before filing the nomination papers.

With the exception of the Northwest Territories and Nunavut, where political parties do not exist, a political party may register with the Chief Electoral Officer in its jurisdiction. Political parties must meet several criteria for registration. In particular, all jurisdictions require political parties to nominate a certain number of candidates, ranging from two in British Columbia and Yukon to 51 in Ontario. In addition, a specified number of elector signatures is required, except in New Brunswick and British Columbia. In all jurisdictions, the Chief Electoral Officer may refuse a registration if he or she is of the opinion that the party name or its abbreviation so nearly resembles another party's name or its abbrevation that it may cause confusion. Like candidates, registered political parties must appoint an official agent or representative for financial matters.

Most jurisdictions do not specify when a political party's registration must come into effect. In some cases, the date is determined by the Chief Electoral Officer. However, in Canada, Prince Edward Island, Manitoba and British Columbia, the registration of a political party becomes effective only when certain criteria are met. For example, in Canada, political parties must have submitted their applications to the Chief Electoral Officer at least 60 days before the issuance of a writ, whereas in Prince Edward Island, the application must be received before the 23rd day before polling day. In Manitoba, a party becomes registered upon receipt by the Chief Electoral Officer of all financial statements and related documents. British Columbia, meanwhile, requires the Chief Electoral Officer to rule on the registration application within 30 days, unless an election is called.

Only Canada and Quebec have legislation covering the merger of two registered political parties. In Canada, registered political parties may merge at any time except during the period beginning 30 days before the issue of a writ and ending on polling day. Registered political parties in Quebec may merge at any time, so long as the Chief Electoral Officer is notified and the merger is certified by two or more officers from each of the merging parties.

Canada, Nova Scotia, New Brunswick, Quebec, Ontario, Alberta and British Columbia require local associations of political parties to register with the Chief Electoral Officer.

In Canada, Ontario and Manitoba registered parties proposing to hold a leadership contest must submit a statement to the Chief Electoral Officer setting out the dates on which the leadership contest is to begin and end. As well, leadership contestants must submit an application for registration to the Chief Electoral Officer.

In Canada, Quebec and British Columbia, third parties are required to register with the Chief Electoral Officer. Third parties are those individuals or groups – other than candidates, registered political parties or local associations – who spend, or intend to spend, money on election advertising to promote or oppose a registered political party or a candidate during the course of an election campaign. In Canada, third parties are required to register if they spend more than $500 on election advertising. In Quebec and British Columbia, third parties must register if they wish to advertise at all.

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Jurisdiction

Candidate must be

Candidate must not be

18 years of age

Canadian citizen

Ordinarily resident

Convicted of corrupt or illegal practice

Disqualified under any Act

Member of Legislature or Parliament

Chief Electoral Officer

Assistant Chief Electoral Officer

Returning officer

Other election officer

Judge

Inmate

Mayor or councillor of municipality

Sheriff, clerk or Crown attorney

Previous candidate who has not filed financial return

Canada

Newfoundland and Labrador

Prince Edward Island

Nova Scotia

(19)

New Brunswick

Quebec

Ontario

Manitoba

1

Saskatchewan

Alberta

British Columbia

Yukon

Northwest Territories

Nunavut

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