open Secondary menu

Regulation Adapting the Canada Elections Act for the Purposes of a Referendum

Part 2

Chief Electoral Officer and Staff

Chief Electoral Officer

  • 13. Not applicable.
  • 14. Not applicable.
  • 15. Not applicable.
Powers and duties of Chief Electoral Officer
  • 16. The Chief Electoral Officer shall
    • (a) exercise general direction and supervision over the conduct of referendums;
    • (b) ensure that all referendum officers act with fairness and impartiality and in compliance with this Act and the Referendum Act;
    • (c) issue to referendum officers the instructions that the Chief Electoral Officer considers necessary for the administration of this Act and the Referendum Act; and
    • (d) exercise the powers and perform the duties and functions that are necessary for the administration of this Act and the Referendum Act.
Power to adapt Act
  • 17. (1) During a referendum period or within 30 days after it, if an emergency, an unusual or unforeseen circumstance or an error makes it necessary, the Chief Electoral Officer may adapt any provision of this Act and, in particular, may extend the time for doing any act, subject to subsection (2), or may increase the number of referendum officers or polling stations.
Limitation — power to adapt
  • (2) The Chief Electoral Officer shall not extend the voting hours at an advance polling station or, subject to subsection (3), the voting hours on polling day.
Emergency — extending voting hours
  • (3) If voting at a polling station is interrupted on polling day by an emergency and the Chief Electoral Officer is satisfied that, if the voting hours at the polling station are not extended, a substantial number of electors will not be able to vote, the Chief Electoral Officer shall extend the voting hours at the polling station for the period the Chief Electoral Officer considers necessary to give those electors a reasonable opportunity to vote, as long as the polling station does not in any case
    • (a) close later than midnight on polling day; or
    • (b) remain open during polling day for a total of more than 12 hours.
Public education and information programs
  • 18. (1) The Chief Electoral Officer may implement public education and information programs to make the referendum process better known to the public, particularly to those persons and groups most likely to experience difficulties in exercising their democratic rights.
Communication with the public
  • (2) The Chief Electoral Officer may, using any media or other means that he or she considers appropriate, provide the public, both inside and outside Canada, with information relating to Canada's referendum process and the democratic right to vote at a referendum.
Information outside Canada
  • (3) The Chief Electoral Officer may establish programs to disseminate information outside Canada concerning how to vote under Part 11.
Electronic voting process
  • 18.1 The Chief Electoral Officer may carry out studies on voting, including studies respecting alternative voting means, and may devise and test an electronic voting process for future use in a general election, a by-election or a referendum. Such a process may not be used for an official vote without the prior approval of the committees of the Senate and of the House of Commons that normally consider electoral matters.

Assistant Chief Electoral Officer and Staff

  • 19. Not applicable.
Casual and temporary staff
  • 20. Any additional officers, clerks and employees that the Chief Electoral Officer considers necessary for his or her exercise of powers, and discharge of duties, under this Act and the Referendum Act related to the preparation for, and the conduct of, a referendum may be employed, in the manner authorized by law, on a casual or temporary basis.
Delegation by Chief Electoral Officer
  • 21. The Chief Electoral Officer may authorize the Assistant Chief Electoral Officer or any other officer on his or her staff to perform any of the Chief Electoral Officer's functions under this Act and the Referendum Act.


Federal Referendum Legislation – Contents