Compendium of Election Administration in Canada: A Comparative Overview
C. Administration of Elections
In all jurisdictions, a Chief Electoral Officer is responsible for the administration of elections. As the highest-ranking election official, the Chief Electoral Officer is usually responsible for all aspects of electoral administration, including enforcing fairness and impartiality on the part of election officers and ensuring compliance with the legislation governing elections. In New Brunswick, the Chief Electoral Officer also serves as the Supervisor of Political Financing and the Municipal Electoral Officer. In most cases, the Chief Electoral Officer may during an election exercise emergency powers to extend deadlines, change or amend forms, or adapt the Act to meet the circumstances.
In Canada, Newfoundland and Labrador, Prince Edward Island, Quebec and Saskatchewan, the Chief Electoral Officer is appointed by a resolution of the House of Commons or legislature. In all other jurisdictions, the Chief Electoral Officer is appointed by the Lieutenant-Governor in Council (except in British Columbia where the Chief Electoral Officer is appointed by the Lieutenant-Governor), or in the territories, by the Commissioner or Commissioner in Executive Council. In the case of New Brunswick, Ontario, Alberta, British Columbia, the Northwest Territories and Nunavut, the appointment is, however, made on the recommendation of the Legislative Assembly. In Manitoba, appointment is made on recommendation of the Standing Committee on Legislative Affairs. In some jurisdictions, the Chief Electoral Officer is appointed for a specific period. That is the case in Canada (10 years), New Brunswick (10 years), Quebec (seven years), Alberta (one year after a general election), Saskatchewan and British Columbia (one year after every second general election), the Northwest Territories (four years) and Nunavut (seven years). In all jurisdictions, the Chief Electoral Officer reports to the Speaker of the House of Commons or legislature. As a rule, a report is required from the Chief Electoral Officer after every general election, describing the event and typically including his or her recommendations for desirable amendments to the electoral legislation. Newfoundland and Labrador, Nova Scotia, Quebec, Ontario, Manitoba, Saskatchewan, Alberta, British Columbia and Nunavut require the Chief Electoral Officer to produce an annual report describing the activities of the Office.
The electoral offices in seven jurisdictions maintain an advisory committee for consultation with political parties. This committee is established by law in Canada, Newfoundland and Labrador, New Brunswick, Quebec, Ontario, Manitoba and British Columbia. In Nova Scotia, the law establishes a commission of party representatives, separate from the electoral office, to make recommendations to the Chief Electoral Officer. For matters related to political financing, New Brunswick has a second advisory committee that advises the Supervisor of Political Financing.
Various additional election officers are appointed to conduct elections. These officers include the returning officer (or district electoral officer in British Columbia), who is responsible for the conduct of an election at the electoral district level. In Canada, Newfoundland and Labrador, Nova Scotia, Quebec, Manitoba, Saskatchewan, Alberta, British Columbia, the Yukon, Northwest Territories and Nunavut, returning officers are appointed by the Chief Electoral Officer; in Prince Edward Island, New Brunswick and Ontario they are appointed by the Governor or Lieutenant-Governor in Council. In Ontario the returning officers are appointed by the Lieutenant-Governor in Council on the recommendation of the Chief Electoral Officer. In Saskatchewan, an appointment as a returning officer will terminate six months after the day fixed for the return to the writ for the elections unless reappointed. In most cases, returning officers may appoint an assistant or deputy returning officer or both. In Prince Edward Island, Ontario, Manitoba and British Columbia, this task is the responsibility of the Chief Electoral Officer.
As a rule, returning officers also appoint the election officers who register electors or work in polling stations. In some cases, these officers must be appointed from a list of names supplied by the political parties that finished first and second in the previous election in that electoral district.
The salary of all election officers is determined according to a tariff of fees, generally fixed by the Lieutenant-Governor in Council. In Newfoundland and Labrador and British Columbia, it is set by the Chief Electoral Officer; in Quebec, the government sets it by regulation; in Ontario, the Chief Electoral Officer annually submits his or her fees and expenses to the Board of Internal Economy to be approved; and in Nunavut, it is set by the Management and Services Board.
Table C.1 Chief Electoral Officer
Jurisdiction
Chief Electoral Officer appointed by
Term of office
Reports to Speaker
Canada
Resolution of House of Commons
During good behaviour for a term of 10 years, or may be removed for cause by Governor General on address of House of Commons and Senate
Within 90 days of return of writ, Chief Electoral Officer reports on administration of Office since last report or since issuance of writs, including any issues that should be brought to the attention of the House of Commons
As soon as possible after a general election, Chief Electoral Officer reports on any amendments that he or she deems desirable for better administration of Act
Newfoundland and Labrador
Resolution of House of Assembly
May only be removed by a resolution of House of Assembly
Chief Electoral Officer reports annually on affairs of his or her Office
Prince Edward Island
Legislative Assembly on recommendation of Standing Committee on Legislative Management, by a resolution of 2/3 of its members
–
Before or within 10 days of start of session, Chief Electoral Officer may report on any matter related to administration of Office since last report or on any amendments to Act that he or she deems desirable for better administration of Act
Nova Scotia
Governor in Council, on approval of the House of Assembly by majority vote
10 years, with possible reappointments to further terms
As soon as possible after an election, Chief Electoral Officer reports on voting results, cost, other relevant information and recommended amendments to the Act
Chief Electoral Officer reports at least annually on the administration of his or her Office and on any recommendations made by the Election Commission
New Brunswick
Lieutenant-Governor in Council, on recommendation of Legislative Assembly; a selection committee shall be established before an appointment is made for the purpose of identifying persons as potential candidates
10 years, with possible extension of not more than 12 months
Before or during any session, Chief Electoral Officer reports on any matter or event that occurred relating to any election since date of his or her last report
Annual Report of the Supervisor of Political Financing submitted to Legislative Assembly
Quebec
National Assembly, on a motion of Prime Minister of Quebec, by a resolution of 2/3 of its members
7 years
If Chief Electoral Officer adapts Act in a case of emergency, a report must be made within 30 days of polling day or end of revision period
After an election, Chief Electoral Officer publishes, as soon as possible, a detailed report on election containing, in particular, results for each electoral division
A report on the activities of Chief Electoral Officer, including a financial report for preceding fiscal year, must be submitted no later than September 30 of each year
Ontario
Lieutenant-Governor in Council, on address of Legislative Assembly
–
Report on results and the conduct of a general election, including recommended legislative changes and the accessibility of service, within 12 months of an election
Report on testing in a by-election of voting/vote-counting equipment or alternative voting methods, including recommended legislative changes, within four months of the by-election
Report on elected Members who have exceeded campaign spending limits or failed to file financial statements, also report on Members who are leadership contestants who fail to file financial statements
Annual reports on the affairs of the Office of the Chief Electoral Officer including recommended legislative changes, under the Election Act and the Election Finances Act
Report to Board of Internal Economy, on projected costs for fixed date elections
Manitoba
Lieutenant-Governor in Council, on recommendation of Standing Committee on Legislative Affairs
–
Chief Electoral Officer reports annually on his or her work and reports on conduct of each election after the election; report may include recommendations for legislative amendments
Saskatchewan
Resolution of Legislative Assembly
Until 12 months after day of return of writ for second general election for which he or she is responsible
Chief Electoral Officer reports on conduct of election within 60 days after polling day if emergency action is taken during an election; if not, as soon as possible after an election
Report summarizes returns and reports from registered political parties and candidates, use of mobile polls, applications for party registration and disposal of those applications, and any other information that Speaker may direct
Chief Electoral Officer reports annually on progress and activities of previous year
Alberta
Lieutenant-Governor in Council, on recommendation of Legislative Assembly
Until 12 months after polling day for a general election unless reappointed prior to that date by Lieutenant-Governor in Council
Chief Electoral Officer reports after each enumeration, general election, election under the Senatorial Selection Act, by-election or plebiscite, or plebiscite or referendum under any other Act
Chief Electoral Officer reports to the Standing Committee on Legislative Offices on exercise of his or her functions under Act annually or, if the Assembly is not sitting, not more than 15 days after the commencement of the new Legislative Assembly
British Columbia
Lieutenant-Governor, on recommendation of Legislative Assembly
Until 12 months after day of return of writ for second general election for which he or she is responsible
Chief Electoral Officer makes following reports: an annual report; a report after each election or plebiscite; a report with any recommendations for legislative amendments; a report respecting any Member who fails to comply with election financing provisions
Yukon
Commissioner in Executive Council
–
Chief Electoral Officer may, at any time, report on any matter in connection with his or her duties or on any amendments to Act that are desirable for better administration of Act
Northwest Territories
Commissioner, on recommendation of Legislative Assembly
4 years
Within 6 months after a general election, Chief Electoral Officer reports on any matter connected to administration of Act, any significant action taken, the statements of candidates or official agents with any recommendations, a statement of expenditures and any amendments that are desirable for better administration of Act
Nunavut
Commissioner, on recommendation of Legislative Assembly
7 years
Chief Electoral Officer must submit an annual report for each fiscal year, no later than July 1 following the end of the fiscal year
Chief Electoral Officer must submit a report on the conduct of an electoral event no later than 280 days after the date of writ
Table C.2 Advisory committee of political parties
Jurisdiction
Statutory requirement
Membership
Mandate
Canada
Yes
Chief Electoral Officer
Two representatives from each registered political party
The purpose of the committee is to provide the Chief Electoral Officer with advice and recommendations relating to elections and political financing
The committee's advice and recommendations are not binding on the Chief Electoral Officer
Newfoundland and Labrador
Yes
Chief Electoral Officer
Two representatives of each registered party that had official candidates in at least 1/2 of all electoral districts at immediately preceding general election
Committee advises Chief Electoral Officer on functioning of the Elections Act, 1991, in particular on political financing
Chief Electoral Officer consults committee periodically on application of Act
Committee may make results of its work public
Prince Edward Island
–
–
–
Nova Scotia
Yes
Chair appointed by Governor in Council
Two persons appointed by each of the leaders of a recognized party as defined by the House of Assembly Act
Chief Electoral Officer is not a member, but may participate in all meetings
Not eligible: members of Legislative Assembly or Parliament of Canada
Committee makes recommendations to Chief Electoral Officer on legislative amendments to improve election process or administration of the Act
Committee advises Chief Electoral Officer on administration of elections and electoral finance; on piloting of procedures, equipment or technology; and on initiation or conduct of studies on voting procedures, voting by persons with disabilities and electoral finance
New Brunswick
Yes
Committee on Financing
Supervisor of Political Financing
Two representatives of each registered party that had official candidates in at least 1/2 of all electoral districts at immediately preceding general election
Not eligible: member of Legislative Assembly
Committee on electoral process
Chief Electoral Officer
Two representatives of each registered party that had official candidates in at least ½ of all electoral districts at immediately preceding general election
Not eligible: member of Legislative Assembly
The advisory committee on the financing of the political process gives advice and opinion on any matter or question posed by Supervisor of Political Financing relating to the financing of the political process or application of Political Process Financing Act
Supervisor of Political Financing consults committee periodically on application of Act
Committee may make results of its work public
The advisory committee on the electoral process shall give its advice and opinion on any matter or question posed by the Chief Electoral Officer relating to the electoral process and to the application of the Elections Act
Chief Electoral Officer consults committee periodically on application of Act
Committee may make results of its work public
Quebec
Yes
Chief Electoral Officer
Three representatives of each authorized party represented in National Assembly
Party leader designates representatives, at least one of whom is a member of National Assembly
Committee advises on questions relating to Act, except matters of electoral representation
Chief Electoral Officer consults committee periodically on administration of Election Act
Before issuing any directive on authorization and financing of political parties and independent candidates, and on control of election expenses, Chief Electoral Officer submits it to committee
Except during an election period or enumeration period, Chief Electoral Officer submits every other directive he is authorized to issue (including directives to election officers) to committee in advance
Committee may make results of its work public
Ontario
Yes
One or two members appointed by each registered party
Committee may provide recommendations, when consulted by Chief Electoral Officer, on administration of Election Act and Election Finances Act
Manitoba
Yes
One representative appointed by each registered political party
Committee may provide advice about proper administration of the Elections Act and the Election Financing Act; advice and recommendations are not binding
Saskatchewan
–
–
–
Alberta
–
–
–
British Columbia
Yes
Chief Electoral Officer
Two representatives for each registered political party represented in Legislative Assembly
One representative for each registered political party that had candidates in at least 1/2 of all electoral districts at immediately preceding general election and is not represented in the legislature
Not eligible: member of Legislative Assembly
Committee advises Chief Electoral Officer on functioning of Election Act, in particular on political financing
Chief Electoral Officer must consult committee: periodically on application of Act; before publishing notice about application of amendment to Act; before making recommendation to Legislative Assembly about an amendment; and before making a regulation outside general election period
Yukon
–
–
–
Northwest Territories
–
–
–
Nunavut
–
–
–
Table C.3 Appointment of election officers
Jurisdiction
Appointments made by Governor or Lieutenant-Governor in Council
Appointments made by Chief Electoral Officer
Appointments made by returning officer
Appointments made by deputy returning officer
Canada
–
Returning officers
Special Voting Rules Administrator
Six special ballot officers: 3 on advice of Prime Minister, 2 on advice of Leader of Opposition, 1 on advice of leader of registered party that has third largest number of members in House of Commons
Field liaison officer in respect of a given geographical area
Assistant returning officers
Registration officers and revising agents, from lists submitted by political parties that finished first and second in last election in electoral district
Deputy returning officers, from a list submitted by political party that finished first in last election in electoral district
Poll clerks, from a list submitted by political party whose candidate finished second in last election in electoral district
Central poll supervisors, where a central polling place has more than 4 polling stations
Information officers and persons responsible for maintaining order, with approval of Chief Electoral Officer, where there is a central polling place
Any other person deemed necessary for the conduct of the vote or the counting of the votes, with the Chief Electoral Officer's approval
Interpreters
Newfoundland and Labrador
–
Returning officers
Special Ballot Administrator
Election clerks and deputy returning officers, with approval of Chief Electoral Officer
Enumerators, under direction of Chief Electoral Officer
Poll clerks, with approval of returning officer
Prince Edward Island
Returning officers
Confirmation officers, from lists submitted by the two registered political parties whose candidates came first and second in last election in electoral district
Deputy returning officers, from a list submitted by the two registered political parties that elected most members at last election
Election clerk
Poll clerks
Nova Scotia
–
Returning officers
Assistant returning officer (if required)
Constable
Election clerk
2 enumerators from lists submitted by the 2 political parties whose candidates received the highest and second highest number of votes at last election in electoral district
Revision assistants
Deputy returning officers from list supplied by candidate of political organization whose candidate was elected in electoral district
Poll clerks from list supplied by political organization whose candidate came second in electoral district
Supervising deputy returning officers, where a central polling place has 5 or more polling stations
Presiding officers and deputy presiding officers
Interpreters
Constable
New Brunswick
Returning officers
–
Election clerk
Revision officers
Poll supervisor
Voters list officer
Ballot issuing officer
Poll revision officer
Vote tabulation machine officer
Ballot counting officer
Technical support officer
Special voting officer
Constable
Any other officers necessary for holding the vote
–
Quebec
–
Returning officers, after a competition among qualified electors
Three-member board of revisers for electors with right to vote outside Quebec: first on advice of party that won last election; second on advice of party that finished second; chair on advice of Chief Electoral Officer with approval of parties above
For counting the votes of inmates or electors outside Quebec:
Deputy returning officers, recommended by the party that received the greatest number of votes in the last general election
Poll clerks, recommended by the party that received the second greatest number of votes in the last general election
Assistant returning officer
Enumerators, 2 per polling subdivision: first on advice of party that won last election, or the elected independent member; second on advice of party that finished second
Revisers, 3 per board: 2 revisers appointed as above; chair appointed on advice of returning officer with approval of two parties above
Revising officers, in groups of 2, appointed to one or several boards of revisers
Secretary of a board of revisers
Deputy returning officers, recommended by authorized party whose candidate won last election
Poll clerks, recommended by candidate of authorized party whose candidate finished second at last election
Officers in charge of information and order
Three-member panel in every polling station to verify the identity of electors who do not have one of the five pieces of ID required to vote: one member recommended by candidate of party that won last election, second recommended by candidate of party that came second. If there are three or fewer polling stations on the premises, the returning officer may allow the deputy returning officer and the poll clerk to act as panel members.
Officer in charge of voters list, 1 per polling station, recommended by candidate of authorized party whose candidate came third in the last election
–
Ontario
Returning officers (on the recommendation of the Chief Electoral Officer)
Election clerk
Special ballot officers
Registration agents
Deputy returning officers
Poll clerks
Revision assistants
Returning office staff and other election officials/assistants
–
Manitoba
–
Returning officers
Assistant returning officers
Enumerators
Revising agents
Revising officers
Voting officers
Senior voting officers
Registration officers
Assistant voting officers
Information officers
–
Saskatchewan
–
Returning officers
Assistant Chief Electoral Officer
Election clerk
Poll clerks
Enumerators
Deputy returning officers
Supervisory deputy returning officers, where a central polling place has 5 or 6 polling divisions
Interpreters
Alberta
–
Returning officers
Acting returning officer
Election clerk
Administrative assistants
Enumerators
Deputy returning officers
Poll clerks
Supervisory deputy returning officers, where a polling place has 2 or more polling stations
Registration officers
Interpreters
Information officers
Interpreters
British Columbia
–
District electoral officers
Deputy district electoral officers
District registrar of voters, deputy district registrar of voters
Any election officers, as prescribed under the Act, including voting officers.
–
Yukon
–
Returning officers
Assistant returning officers, after consultation with returning officers
Enumerators
Revising officers
Deputy returning officers
Poll attendants
Interpreters
Ballot box messengers
Information and resource officers
Poll clerks
Poll attendants
Interpreters
Northwest Territories
–
Returning officers
Multi-district polling officer
Assistant multi-district polling officer
Assistant returning officers
Enumerators
Deputy returning officers
Poll clerks
Central poll supervisors, where a central polling place has 3 or more polling stations
–
Nunavut
–
Returning officers
Assistant returning officers
Deputy returning officers
Poll clerks
Interpreters
Table C.4 Staff and payment
Jurisdiction
Staff of Chief Electoral Officer
Tariff of fees fixed by
Payment from
Canada
Assistant Chief Electoral Officer and any other officers, clerks and employees that may be required
Governor in Council, on recommendation of Chief Electoral Officer
Unappropriated moneys forming part of Consolidated Revenue Fund
Newfoundland and Labrador
Officers, clerks and any employees Chief Electoral Officer considers necessary, with approval of Commission of Internal Economy of House of Assembly
Chief Electoral Officer, with approval of Commission of Internal Economy of House of Assembly
Legislature, approved by Commission of Internal Economy of House of Assembly
Prince Edward Island
Deputy Chief Electoral Officer and any employees Chief Electoral Officer considers necessary
Lieutenant-Governor in Council, upon recommendation of Chief Electoral Officer
Moneys appropriated for that purpose
Nova Scotia
Assistant Chief Electoral Officer and any employees Chief Electoral Officer considers necessary
Governor in Council, upon recommendation of Chief Electoral Officer
Consolidated Fund of Province
New Brunswick
Two Assistant Electoral Officers and any employees Chief Electoral Officer considers necessary
Lieutenant-Governor in Council
Minister of Finance, out of Consolidated Fund
Quebec
Assistant Chief Electoral Officer and any persons Chief Electoral Officer considers necessary
Government
Consolidated Revenue Fund
Ontario
Any persons Chief Electoral Officer considers necessary
Chief Electoral Officer, with approval requested in an annual submission to the Board of Internal Economy
Consolidated Revenue Fund
Manitoba
Deputy Chief Electoral Officer and any employees Chief Electoral Officer considers necessary
Lieutenant-Governor in Council
Consolidated Fund
Saskatchewan
Assistant Chief Electoral Officer and any persons Chief Electoral Officer considers necessary
Lieutenant-Governor in Council
General Revenue Fund
Alberta
Deputy Chief Electoral Officer and any officers Chief Electoral Officer considers necessary
Lieutenant-Governor in Council
–
British Columbia
Deputy Chief Electoral Officer and any employees Chief Electoral Officer considers necessary
Chief Electoral Officer
Consolidated Revenue Fund
Yukon
Assistant Chief Electoral Officer and any officers and employees Chief Electoral Officer considers necessary
Commissioner in Executive Council, after consultation with Chief Electoral Officer
Yukon Consolidated Revenue Fund
Northwest Territories
Deputy Chief Electoral Officer and any persons Chief Electoral Officer considers necessary
Commissioner, on recommendation of Chief Electoral Officer
Consolidated Revenue Fund
Nunavut
Any persons Chief Electoral Officer considers necessary
Management and Services Board
From any unappropriated monies in Consolidated Revenue Fund