Canada Elections Act

Marginal note:Guidelines and interpretation notes

• 16.1 (1) The Chief Electoral Officer shall, in accordance with this section, issue guidelines and interpretation notes on the application of this Act — other than Division 1.1 of Part 16.1 — to registered parties, registered associations, nomination contestants, candidates and leadership contestants.

• Marginal note:Application

  (2) The Chief Electoral Officer shall, in accordance with this section, on application by the chief agent of a registered party, issue a guideline or interpretation note on the application of a provision of this Act — other than a provision of Division 1.1 of Part 16.1 — to registered parties, registered associations, nomination contestants, candidates and leadership contestants.

• Marginal note:Consultations

  (3) Before issuing a guideline or interpretation note, the Chief Electoral Officer shall provide a copy of the proposed guideline or interpretation note to the Commissioner and to the members of the Advisory Committee of Political Parties established by subsection 21.1(1). The Commissioner and those members may provide their written comments to the Chief Electoral Officer within 15 days after the day on which the copy is sent.

• Marginal note:Comments

  (4) The Chief Electoral Officer shall, in preparing the guideline or interpretation note, take into consideration any comments received under subsection (3).

• Marginal note:Pre-publication

  (5) The Chief Electoral Officer shall publish on his or her Internet site for a period of 30 days the guideline or interpretation note as well as a notice stating that the guideline or interpretation note will be issued at the expiry of that period.

• Marginal note:Pre-publication — additional requirement

  (6) In the case of an application made under subsection (2), the guideline or interpretation note and the notice shall be published under subsection (5) within 60 days after the day on which the application is made. However, if the 60-day period coincides or overlaps with the election period of a general election, they shall be published under subsection (5) no later than 60 days after polling day for that election.

• Marginal note:Issuance

  (7) On the expiry of the period referred to in subsection (5), the Chief Electoral Officer shall issue the guideline or interpretation note by registering it in the registry referred to in section 16.4.

• Marginal note:Nature of guidelines and interpretation notes

  (8) The guidelines and interpretation notes are issued for information purposes only. They are not binding on registered parties, registered associations, nomination contestants, candidates or leadership contestants.