Institutional structure

In Canada, several institutions play a key role in administering and enforcing electoral legislation.

Elections Canada

The Office of the Chief Electoral Officer (OCEO), commonly known as Elections Canada, is an independent, non-partisan agency that reports directly to Parliament. Its mandate is to:

be prepared to conduct a federal general election, by-election or referendum
administer the political financing provisions of the Canada Elections Act
monitor compliance with electoral legislation
conduct public information campaigns on voter registration, voting and becoming a candidate
conduct education programs for students on the electoral process
provide support to the independent commissions in charge of adjusting the boundaries of federal electoral districts following each decennial census
carry out studies on alternative voting methods and, with the approval of parliamentarians, test alternative voting processes for future use during electoral events
provide assistance and cooperation in electoral matters to electoral agencies in other countries or to international organizations

The Chief Electoral Officer (CEO) is the agent of Parliament who heads the OCEO. The CEO is appointed for a non-renewable 10-year term by resolution of the House of Commons. He or she can only be removed from office for cause by the Governor General after a joint request by the House of Commons and Senate following a majority vote. The current CEO is Mr. Stéphane Perrault, who was appointed on June 8, 2018.

The CEO is accountable to Parliament for the operations of the OCEO, which include, on the one hand, Elections Canada (the name under which electoral activities and political financing operations of his Office are carried out), and, on the other hand, the Commissioner of Canada Elections and his staff.

For more information, please visit the following links:

Commissioner of Canada Elections

The Commissioner of Canada Elections is the independent officer responsible for ensuring that the Canada Elections Act and the Referendum Act are complied with and enforced. The Commissioner is appointed by the Chief Electoral Officer after consultation with the Director of Public Prosecutions. Mr. Yves Côté became Commissioner of Canada Elections in July 2012.

The Canada Elections Act defines and regulates activities during the writ period, and the Commissioner and his staff work to ensure that political entities, third-party organizations, stakeholder groups and other individuals engaged in the electoral process do so in compliance with the rules.

The Commissioner receives complaints from the public and reviews them to determine if the issue falls within his mandate. If it does, the Commissioner may decide to initiate a review or an investigation to determine the facts of the case. The Commissioner can also begin a review or investigation of his own initiative. Further, when Elections Canada, in its role as the administrator of federal electoral events and of the federal political financing regime, becomes aware of potential violations to the Act, the agency refers that information to the Commissioner for consideration and possible investigation. However, the Commissioner carries out its investigations independently from Elections Canada, the Chief Electoral Officer and the government of the day.

The Commissioner has several tools at his disposal to ensure compliance with, and enforcement of, the Act. These tools range from informal communications to formal administrative measures or criminal charges.

For more information, please visit the following links:

Broadcasting Arbitrator

Canadian broadcasters licensed by the Canadian Radio-television and Telecommunications Commission are legally obligated under the Canada Elections Act to make broadcasting time available for purchase by registered and eligible political parties during a general election.

The Act provides for the appointment of a Broadcasting Arbitrator who allocates broadcasting time to parties under the Act, issues guidelines concerning the obligations of broadcasters during a general election, and arbitrates disputes between political parties and broadcasters concerning the application of the Act.

For more information, please visit the following link: Broadcasting Arbitrator.

Electoral Boundaries Commissions

The Constitution and the Electoral Boundaries Readjustment Act require that the number of seats in the House of Commons and the boundaries of federal electoral districts be reviewed after each decennial (10-year) census. This mechanism allows for changes and movements in Canada's population to be reflected in House of Commons representation. The last redistribution exercise occurred in 2012, and the next one will begin in 2022.

During a redistribution exercise, ten independent electoral boundaries commissions—one in each province—are established to revise the electoral district boundaries in their province. Note that commissions are not required for Canada's territories of Yukon, Northwest Territories or Nunavut, since each territory is a single electoral district. Each commission is composed of two members appointed by the Speaker of the House of Commons and chaired by a judge appointed by the chief justice of the province.

Each commission works independently to:

propose a new electoral map for its province by considering such criteria as average population numbers, communities of identity and interest, historical patterns of electoral districts, and geographic size of electoral districts
consult with Canadians through public hearings
submit a report on its considerations and propose an electoral map to the House of Commons
consider objections from MPs
prepare a final report outlining the electoral boundaries for its province

It is important to note that commissions do consider the input received from Canadians and members of the House of Commons when determining the boundaries. However, as independent bodies, they make all final decisions as to where these boundaries will lie.

For more information, please visit the following links: