Canada Elections Act (S.C. 2000, c. 9)

Short Title

Marginal note:Short title

1 This Act may be cited as the Canada Elections Act.

Interpretation

Marginal note:Definitions

• 2 (1) The definitions in this subsection apply in this Act.

  advance poll

  advance poll means a vote held under Part 10. (vote par anticipation)

  advance polling station

  advance polling station means a polling station established under subsection 168(3). (bureau de vote par anticipation)

  broadcaster

  broadcaster means a person who is licensed by the Canadian Radio-television and Telecommunications Commission under the Broadcasting Act to carry on a programming undertaking. (radiodiffuseur)

  broadcasting

  broadcasting means broadcasting, as defined in subsection 2(1) of the Broadcasting Act, that is regulated and supervised by the Canadian Radio-television and Telecommunications Commission pursuant to section 5 of that Act. (radiodiffusion)

  Broadcasting Arbitrator

  Broadcasting Arbitrator means the person appointed as Broadcasting Arbitrator under subsection 332(1). (arbitre)

  by-election

  by-election means an election other than a general election. (élection partielle)

  candidate

  candidate means a person whose nomination as a candidate at an election has been confirmed under subsection 71(1) and who, or whose official agent, has not yet complied with sections 477.59 to 477.72 and 477.8 to 477.84 in respect of that election. (candidat)

  capital asset

  capital asset means any property with a commercial value of more than $200 that

  • (a) in the case of a registered party, an electoral district association or a candidate, is normally used outside an election period other than for the purposes of an election;

  • (b) in the case of a nomination contestant, is normally used outside a nomination contest other than for the purposes of a nomination contest; and

  • (c) in the case of a leadership contestant, is normally used outside a leadership contest other than for the purposes of a leadership contest. (bien immobilisé)

  chief agent

  chief agent means the chief agent named in the application of a political party to become a registered party as required under paragraph 385(2)(h) or a chief agent’s replacement appointed under subsection 400(1). (agent principal)

  close of nominations

  close of nominations means the deadline for the receipt of nominations set out in subsection 70(2). (clôture des candidatures)

  closing day for nominations

  closing day for nominations means the day referred to in section 69. (jour de clôture)

  commercial value

  commercial value, in relation to property or a service, means the lowest amount charged at the time that it was provided for the same kind and quantity of property or service or for the same usage of property or money, by

  • (a) the person who provided it, if the person is in the business of providing that property or service; or

  • (b) another person who provides that property or service on a commercial basis in the area where it was provided, if the person who provided the property or service is not in that business. (valeur commerciale)

  Commissioner

  Commissioner means the Commissioner of Canada Elections appointed under subsection 509(1). (commissaire)

  common-law partner

  common-law partner, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year. (conjoint de fait)

  contribution

  contribution means a monetary contribution or a non-monetary contribution. (contribution)

  election

  election means an election of a member to serve in the House of Commons. (élection)

  election advertising

  election advertising means the transmission to the public by any means during an election period of an advertising message that promotes or opposes a registered party or the election of a candidate, including by taking a position on an issue with which a registered party or candidate is associated. For greater certainty, it does not include

  • (a) the transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news;

  • (b) the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be an election;

  • (c) the transmission of a document directly by a person or a group to their members, employees or shareholders, as the case may be;

  • (d) the transmission by an individual, on a non-commercial basis on the Internet, of his or her personal political views; or

  • (e) the making of telephone calls to electors only to encourage them to vote. (publicité électorale)

  election advertising expense

  election advertising expense means an expense incurred in relation to

  • (a) the production of an election advertising message; and

  • (b) the transmission of an election advertising message to the public. (dépenses de publicité électorale)

  election documents

  election documents means the following documents:

  • (a) the writ with the return of the election endorsed on it;

  • (b) the nomination papers and other documents filed by the candidates or filed on their behalf under section 67;

  • (c) the reserve supply of undistributed blank ballot papers;

  • (d) documents relating to the revision of the lists of electors;

  • (e) the statements of the vote from which the validation of results was made;

  • (f) the other documents sent to the Chief Electoral Officer from the various polling stations, the various advance polling stations or the returning officer’s office, including

    • (i) stubs and unused ballot papers,

    • (ii) ballot papers cast for the various candidates,

    • (iii) spoiled ballot papers,

    • (iv) rejected ballot papers,

    • (v) the list of electors used at the polling station, advance polling station or returning officer’s office,

    • (vi) written authorizations of candidates’ representatives,

    • (vii) used transfer certificates, if any, and

    • (viii) registration certificates; and

  • (g) the prescribed forms referred to in section 162 — other than those referred to in paragraph 162(i.1) — and any other prescribed form to be used at a polling station, advance polling station or returning officer’s office that contains personal information relating to an elector. (documents électoraux)

  election officer

  election officer means a person referred to in subsection 22(1) or appointed under section 32. (fonctionnaire électoral)

  election period

  election period means the period beginning with the issue of the writ and ending on polling day or, if the writ is withdrawn under subsection 59(1) or is deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act, on the day that the writ is withdrawn or deemed to be withdrawn. (période électorale)

  election survey

  election survey means a survey respecting whether persons intend to vote at an election or who they voted for or will vote for at an election or respecting an issue with which a registered party or candidate is associated. (sondage électoral)

  elector

  elector means a person who is qualified as an elector under section 3. (électeur)

  electoral district

  electoral district means a place or territorial area that is represented by a member in the House of Commons. (circonscription)

  electoral district agent

  electoral district agent means a person appointed under subsection 456(1), and includes the financial agent of a registered association. (agent de circonscription)

  electoral district association

  electoral district association means an association of members of a political party in an electoral district. (association de circonscription)

  eligible party

  eligible party means a political party that satisfies the criteria for registration set out in section 387. (parti admissible)

  future elector

  future elector means a Canadian citizen who is 14 years of age or older but under 18 years of age. (futur électeur)

  judge

  judge, when used to define the judicial officer on whom is conferred specific powers, means

  • (a) in relation to the Province of Ontario, a judge of the Superior Court of Justice;

  • (b) in relation to the Province of Quebec, a judge of the Superior Court of Quebec;

  • (c) in relation to the Provinces of Nova Scotia, British Columbia and Prince Edward Island, a judge of the Supreme Court of the Province;

  • (d) in relation to the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, a judge of the Court of Queen’s Bench of the Province;

  • (e) in relation to the Province of Newfoundland and Labrador, a judge of the Trial Division of the Supreme Court of Newfoundland and Labrador;

  • (f) in relation to the electoral district of Yukon, a judge of the Supreme Court of Yukon;

  • (g) in relation to the electoral district of the Northwest Territories, a judge of the Supreme Court of the Northwest Territories;

  • (h) in relation to the electoral district of Nunavut, a judge of the Nunavut Court of Justice; and

  • (i) in relation to any place or territory in Canada,

    • (i) if a vacancy exists or arises in the office of any such judge or if such a judge is unable to act by reason of illness or absence from their judicial district, the judge exercising the jurisdiction of that judge,

    • (ii) if there is more than one judge exercising that jurisdiction, the senior of them, and

    • (iii) if no judge is exercising that jurisdiction, a judge designated for the purpose by the Minister of Justice. (juge)

  leadership campaign agent

  leadership campaign agent means a person appointed under subsection 478.5(1), and includes the financial agent of a leadership contestant. (agent de campagne à la direction)

  leadership campaign expense

  leadership campaign expense[Repealed, 2018, c. 20, s. 1]

  leadership contest

  leadership contest means a competition for the selection of the leader of a registered party. (course à la direction)

  leadership contestant

  leadership contestant means a person who has been registered in the registry of leadership contestants referred to in section 478.4 in respect of a leadership contest and who, or whose financial agent, has not yet complied with sections 478.8 to 478.97 in respect of that leadership contest. (candidat à la direction)

  list of electors

  list of electors means the list showing the surname, given names, civic address and mailing address of every elector in a polling division and the identifier that is assigned to the elector by the Chief Electoral Officer.  (liste électorale)

  member

  member means a member of the House of Commons. (député)

  Minister

  Minister means the member of the Queen’s Privy Council for Canada designated by the Governor in Council for the purposes of this Act. (ministre)

  monetary contribution

  monetary contribution means an amount of money provided that is not repayable. (contribution monétaire)

  National Capital Region

  National Capital Region means the National Capital Region as described in the schedule to the National Capital Act. (région de la capitale nationale)

  nomination campaign expense

  nomination campaign expense[Repealed, 2018, c. 20, s. 1]

  nomination contest

  nomination contest means a competition for the selection of a person to be proposed to a registered party for its endorsement as its candidate in an electoral district. (course à l’investiture)

  nomination contestant

  nomination contestant means a person who is named as a nomination contestant under paragraph 476.1(1)(c) in a report filed in accordance with subsection 476.1(1) in respect of a nomination contest and who, or whose financial agent, has not yet complied with sections 476.75 to 476.94 in respect of that nomination contest. (candidat à l’investiture)

  non-monetary contribution

  non-monetary contribution means the commercial value of a service, other than volunteer labour, or of property or of the use of property or money to the extent that they are provided without charge or at less than their commercial value. (contribution non monétaire)

  oath

  oath includes a solemn affirmation and a statutory declaration. (serment)

  official agent

  official agent means a person appointed under subsection 477.1(1) or an official agent’s replacement appointed under section 477.42. (agent officiel)

  official list of electors

  official list of electors means the list of electors prepared by the returning officer under section 106. (liste électorale officielle)

  partisan advertising

  partisan advertising means the transmission to the public by any means during a pre-election period of an advertising message that promotes or opposes a registered party or eligible party or the election of a potential candidate, nomination contestant or leader of a registered party or eligible party, otherwise than by taking a position on an issue with which any such party or person is associated. For greater certainty, it does not include

  • (a) the transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news;

  • (b) the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be an election;

  • (c) the transmission of a document by a Senator or a member the expense of which is paid by the Senate or House of Commons;

  • (d) the transmission of a document directly by a person or a group to their members, employees or shareholders, as the case may be;

  • (e) the transmission by an individual, on a non-commercial basis on the Internet, of his or her personal political views; or

  • (f) the making of telephone calls to electors only to encourage them to vote. (publicité partisane)

  partisan advertising expense

  partisan advertising expense means an expense incurred in relation to

  • (a) the production of a partisan advertising message; and

  • (b) the transmission of a partisan advertising message to the public. (dépenses de publicité partisane)

  periodical publication

  periodical publication means a paper, magazine or periodical that is published periodically or in parts or numbers and that contains public news, intelligence or reports of events, or advertisements. (publication périodique)

  personal information

  personal information means personal information as defined in section 3 of the Privacy Act. (renseignements personnels)

  political affiliation

  political affiliation, in respect of a candidate, means the name of the political party that has endorsed him or her or the word “independent”, as the case may be, included in the nomination paper in accordance with subparagraph 66(1)(a)(v). (appartenance politique)

  political party

  political party means an organization one of whose fundamental purposes is to participate in public affairs by endorsing one or more of its members as candidates and supporting their election. (parti politique)

  polling day

  polling day, in relation to an election, means the date fixed for voting at the election under paragraph 57(1.2)(c) or subsection 59(4) or 77(2). (jour du scrutin)

  polling division

  polling division means a polling division referred to in section 538. (section de vote)

  polling station

  polling station means a place established under section 120, 122, 125, 205, 206, 207, 253 or 255 for electors to cast their votes. (bureau de scrutin)

  potential candidate

  potential candidate means a person whose nomination as a candidate at an election has not been confirmed under subsection 71(1) but who

  • (a) is selected in a nomination contest;

  • (b) is deemed to be a candidate under section 477;

  • (c) is a member or, if Parliament is dissolved, was a member on the day before the dissolution; or

  • (d) has the support of a political party to be a candidate of that party. (candidat potentiel)

  pre-election period

  pre-election period means the period beginning on the June 30 before the day set in accordance with subsection 56.1(2) for the holding of a general election and ending on the day before the earlier of

  • (a) the first day of an election period for a general election, and

  • (b) the 37th day before the Monday referred to in subsection 56.1(2) or, if the Governor in Council makes an order under subsection 56.2(3), the 37th day before the alternate day referred to in that order. (période préélectorale)

  preliminary list of electors

  preliminary list of electors means the list of electors prepared by the Chief Electoral Officer under subsection 93(1). (liste électorale préliminaire)

  prescribed

  prescribed, in relation to a form or a solemn declaration, means one that is authorized by the Chief Electoral Officer. (prescrit)

  recount

  recount means a recount of votes by a judge under Part 14. (dépouillement judiciaire)

  registered agent

  registered agent means a person appointed under subsection 396(1), and includes the chief agent of a registered party. (agent enregistré)

  registered association

  registered association means an electoral district association that is registered in the registry of electoral district associations referred to in section 455. (association enregistrée)

  registered party

  registered party means a political party that is registered in the registry of political parties referred to in section 394 as a registered party. (parti enregistré)

  Register of Electors

  Register of Electors means the Register of Electors established under paragraph 44(1)(a). (Registre des électeurs)

  Register of Future Electors

  Register of Future Electors means the Register of Future Electors established under paragraph 44(1)(b). (Registre des futurs électeurs)

  revised list of electors

  revised list of electors means the list of electors prepared by the returning officer under section 105. (liste électorale révisée)

  spoiled

  spoiled, in relation to a ballot or a special ballot as defined in section 177, means

  • (a) one that has not been deposited in the ballot box but has been found by an election officer or a unit election officer as defined in section 177 to be soiled or improperly printed; or

  • (b) one that is dealt with under subsection 152(1), including in relation to advance polls by virtue of subsection 171(1), or subsection 213(4), 242(1) or 258(3). (annulé)

  volunteer labour

  volunteer labour means any service provided free of charge by a person outside their working hours, but does not include such a service provided by a person who is self-employed if the service is one that is normally charged for by that person. (travail bénévole)

  writ

  writ means a writ of election. (bref)

• Marginal note:Commercial value of capital assets

  (1.1) For the purposes of this Act, the commercial value of any capital asset that is used during a nomination contest, an election period or a leadership contest, as the case may be, is the lower of

  • (a) the commercial value of the rental of the same kind of asset during the period during which the capital asset was used, and

  • (b) the commercial value of the same kind of asset if one were purchased.

• Marginal note:No commercial value

  (2) For the purposes of this Act, other than section 477.9, the commercial value of property or a service is deemed to be nil if

  • (a) the property or service is provided by a Canadian citizen, or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, who is not in the business of providing that property or service; and

  • (b) the commercial value of the property or service is $200 or less.

• Marginal note:Satisfactory proof of identity and residence

  (3) For the purposes of this Act, satisfactory proof of identity and satisfactory proof of residence are established in the manner determined by the Chief Electoral Officer.

• Marginal note:Time

  (4) A reference to a time of day in this Act is a reference to local time.

• Marginal note:Descriptive cross-references

  (5) If, in any provision of this Act, a reference to another provision of this Act or a provision of any other Act is followed by words in parentheses that are or purport to be descriptive of the subject-matter of the provision referred to, those words form no part of the provision in which they occur but are inserted for convenience of reference only.

• Marginal note:Definition of polling day

  (6) If a writ for an election is withdrawn under subsection 59(1) or is deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act, then, in Parts 16.1 and 17 and Divisions 1, 2, 4 and 5 of Part 18, polling day means the day that the writ is withdrawn or deemed to be withdrawn.

• Marginal note:Definitions of election advertising and partisan advertising

  (7) For the purposes of the definitions election advertising and partisan advertising, promoting or opposing includes

  • (a) in relation to a registered party or eligible party,

    • (i) naming it,

    • (ii) identifying it, including by its logo, and

    • (iii) providing a link to an Internet page that does anything referred to in subparagraphs (i) and (ii); and

  • (b) in relation to the election of a potential candidate, a nomination contestant, a candidate or a leader of a registered party or eligible party,

    • (i) naming him or her,

    • (ii) showing a photograph, cartoon or drawing of him or her,

    • (iii) identifying him or her, including by political affiliation or by any logo that he or she has, and

    • (iv) providing a link to an Internet page that does anything referred to in subparagraphs (i) to (iii).