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

Marginal note:Notice of confirmation of registration

102 Each returning officer shall, as early as possible during the revision period but not later than the 5th day before polling day, send a notice of confirmation of registration that contains the information described in subsections 95(2) and (3) to every elector whose name has been added to a preliminary list of electors during the revision period, except electors referred to in subsection 95(1).

103 [Repealed, 2018, c. 31, s. 68]

104 [Repealed, 2018, c. 31, s. 68]

Updated Preliminary Lists of Electors

Marginal note:Lists to candidates

104.1 Each returning officer shall, on the 19th day before polling day, make available the most current preliminary lists of electors for his or her electoral district to each candidate in the electoral district who requests them.

Marginal note:Lists to registered parties

104.2 The Chief Electoral Officer shall, on the 19th day before polling day, make available in electronic form or in formats that include electronic form the most current preliminary lists of electors for each electoral district to each registered party that has endorsed a candidate in that electoral district and that requests them.

Revised Lists of Electors and Official Lists of Electors

Marginal note:Revised list of electors

• 105 (1) Each returning officer shall, on the 11th day before polling day, prepare a revised list of electors for each polling division in the electoral district for use at the advance poll.

• Marginal note:Publication of revised lists

  (2) The Chief Electoral Officer shall, not later than the 7th day before polling day, determine the number of names appearing on the revised lists of electors for each electoral district and cause that information to be published in the Canada Gazette.

Marginal note:Official list of electors

106 Each returning officer shall, without delay after the 7th day before polling day but no later than the 3rd day before polling day, prepare the official list of electors for each polling station for use on polling day.

Marginal note:Form of lists

• 107 (1) The revised list of electors for each polling division and official list of electors for each polling station shall be in the form established by the Chief Electoral Officer. The official list of electors shall indicate each elector’s polling division number.

• Marginal note:Lists to election officers

  (2) Each returning officer shall make available to election officers the revised list of electors or official list of electors, as the case may be, that the election officers need to conduct the vote in the advance polling station or polling station to which they are assigned. The list shall indicate each elector’s year of birth.

• Marginal note:Lists to candidates

  (3) Each returning officer shall make available to each candidate a version of the revised lists of electors and the official lists of electors that does not indicate an elector’s year of birth.

• Marginal note:Lists to registered parties

  (4) The Chief Electoral Officer shall make available in electronic form or in formats that include electronic form, for each electoral district, a version of the revised lists of electors and the official lists of electors that does not indicate an elector’s year of birth to each registered party that has endorsed a candidate in that electoral district.

Merger of Polling Divisions

Marginal note:Merger of polling divisions

• 108 (1) After the end of the revision period, the returning officer may, with the prior approval of the Chief Electoral Officer, merge a polling division with an adjacent polling division in the same electoral district.

• (2) [Repealed, 2018, c. 31, s. 71]

Final Lists of Electors

Marginal note:Final list of electors

• 109 (1) The Chief Electoral Officer shall, without delay after polling day, prepare final lists of electors for each electoral district.

• Marginal note:Lists to member and parties

  (2) The Chief Electoral Officer shall make available in electronic form, or in formats that include electronic form, the final lists of electors for each electoral district to each registered party that has endorsed a candidate in the electoral district and to the member who was elected for the electoral district in the last election.

• (3) [Repealed, 2018, c. 31, s. 72]

Use of Lists of Electors

Marginal note:Registered parties

• 110 (1) A registered party to which lists of electors are made available under section 45, subsection 93(1.1), section 104.2, subsection 107(4) or section 109 may use the lists for communicating with electors, including using them for soliciting contributions and recruiting party members.

• Marginal note:Eligible parties

  (1.1) An eligible party to which preliminary lists of electors are made available under subsection 93(1.1) may use the lists for communicating with electors, including using them for soliciting contributions and recruiting party members.

• Marginal note:Members

  (2) A member to whom lists of electors or final lists of electors are made available under section 45 or 109, respectively, may use the lists for

  • (a) communicating with his or her electors; and

  • (b) if the member is a member of a registered party, soliciting contributions for the registered party and recruiting party members.

• Marginal note:Candidates

  (3) A candidate to whom the preliminary lists of electors are made available under section 94 or 104.1, or to whom the revised lists of electors or the official lists of electors are made available under subsection 107(3), may use the lists for communicating with his or her electors during the election period, including using them for soliciting contributions and campaigning.

Prohibitions

Marginal note:Prohibitions in relation to lists of electors

111 No person shall

• (a) wilfully apply to be included in a list of electors in a name that is not his or her own;

• (b) wilfully apply, except as authorized by this Act, to be included in a list of electors for a polling division if he or she is already included in a list of electors for another polling division, which list was prepared for use at the same election;

• (c) wilfully apply, except as authorized by this Act, to be included in a list of electors for a polling division in which the person is not ordinarily resident;

• (d) apply to have included in a list of electors for an electoral district the name of a person, knowing that the person is not qualified as an elector or entitled to vote in the electoral district;

• (d.1) compel, induce or attempt to compel or induce any other person to make a false or misleading statement relating to that other person’s qualification as an elector for the purposes of the inclusion of that other person’s name in a list of electors;

• (e) wilfully apply to have included in a list of electors the name of an animal or thing; or

• (f) knowingly use personal information that is recorded in a list of electors for a purpose other than

  • (i) to enable registered parties, eligible parties, members or candidates to communicate with electors in accordance with section 110, or

  • (ii) for the purposes of the administration and enforcement of this Act or the Referendum Act.

PART 8Preparation for the Vote

List of Election Officers

Marginal note:List of election officers to candidates

• 112 (1) A returning officer shall, at least three days before polling day, post in his or her office, and make available to each candidate or candidate’s representative, a list of the names of all the election officers appointed to act in the electoral district who are assigned to a polling station, along with the polling station to which each officer is assigned.

• Marginal note:Access to list

  (2) The returning officer shall permit access to, and give full opportunity for the inspection of, the list referred to in subsection (1) by interested persons at any reasonable time.

Election Materials

Marginal note:Delivery to returning officers

113 The Chief Electoral Officer, at any time before the issue of the writ or immediately after the issue of it, shall deliver to the returning officer sufficient quantities of election materials and the necessary instructions for the election officers to exercise their powers and perform their duties.

Marginal note:Ballot boxes

• 114 (1) The Chief Electoral Officer shall provide the returning officer with the necessary ballot boxes.

• Marginal note:Material of ballot box

  (2) Each ballot box shall be of the size and shape and made of the material determined by the Chief Electoral Officer and be constructed to allow seals for the use of the returning officers and other election officers to be affixed.

Marginal note:Ballot paper

• 115 (1) As soon as possible after the issue of the writ, the Chief Electoral Officer shall provide the returning officer with the paper on which the ballots are to be printed. The weight and opacity of the paper shall be determined by the Chief Electoral Officer.

• Marginal note:Printing material

  (2) Before the closing day for nominations, the Chief Electoral Officer shall deliver to every returning officer the printing material prepared for that election for the purpose of printing the year and the name of the electoral district on the back of the ballot.

Marginal note:Ballot printed in Form 3

• 116 (1) The returning officer shall, as soon as possible after 2:00 p.m. on the 19th day before polling day, authorize the printing of a sufficient number of ballots in Form 3 of Schedule 1.

• Marginal note:Form of ballot

  (2) Ballots shall have a counterfoil and a stub, with a line of perforations between the ballot and the counterfoil and between the counterfoil and the stub.

• Marginal note:Numbering of ballots

  (3) The ballots shall be numbered on the back of the stub and the counterfoil, and the same number shall be printed on the stub as on the counterfoil.

• Marginal note:Books of ballots

  (4) Ballots shall be in books containing an appropriate number of ballots.

• Marginal note:Obligation re: ballots, ballot paper

  (5) Each printer shall return all of the ballots and all of the unused paper on which the ballots were to have been printed, to the returning officer.

• Marginal note:Printer’s name and affidavit

  (6) Ballots shall bear the name of the printer who, on delivering them to the returning officer, shall include an affidavit in the prescribed form that sets out a description of the ballots, the number of ballots delivered to the returning officer and the fact that all ballots were provided, and all paper returned, as required by subsection (5).

Marginal note:Information on the ballot

• 117 (1) Ballots shall contain the names of candidates referred to in subparagraph 66(1)(a)(i) or (i.1), as the case may be, and taken from their nomination papers, arranged alphabetically.

• Marginal note:Name of party

  (2) The name, in the form referred to in paragraph 385(2)(b), of the political party that has endorsed the candidate shall be listed on the ballot under the name of the candidate if

  • (a) the candidate’s nomination paper includes it;

  • (b) the information referred to in subsection 68(3) was provided in respect of the candidate in accordance with that subsection; and

  • (c) no later than 48 hours after the close of nominations, the party is a registered party.

  • (d) [Repealed, 2004, c. 24, s. 2]

• Marginal note:Designation of candidate as independent

  (3) The word “independent” shall be listed on the ballot under the name of the candidate who has requested it in accordance with subparagraph 66(1)(a)(v) and may not be so listed in any other case.

• (4) [Repealed, 2001, c. 21, s. 12]

• Marginal note:Address or occupation on ballot

  (5) The ballot shall list under the candidate’s name the address or occupation of a candidate who makes a written request to that effect to the returning officer before 5:00 p.m. on the closing day for nominations, if the candidate and another candidate on the ballot have the same name and both candidates have chosen under subparagraph 66(1)(a)(v) to either have the word “independent” or no designation of political affiliation under their names in election documents.

Marginal note:Property of Her Majesty

118 Ballot boxes, ballots, envelopes and marking instruments procured for an election are the property of Her Majesty.