Marginal note:Duty to maintain order
479 (1) Every returning officer is responsible for maintaining order in his or her office during voting in accordance with Division 4 of Part 11.
Marginal note:Duty of other election officers
(2) Every deputy returning officer, central poll supervisor and person appointed under paragraph 124(1)(b) is responsible for maintaining order during voting hours at any place where voting takes place in accordance with Part 9 or 10.
Marginal note:Order to leave, arrest without warrant
(3) In performing his or her duty under subsection (1) or (2), an election officer may, if a person is committing, in the returning officer’s office or other place where the vote is taking place, an offence referred to in paragraph 5(a), section 7 or paragraph 167(1)(a) or an offence under this Act or any other Act of Parliament that threatens the maintenance of order, or if the officer believes on reasonable grounds that a person has committed such an offence in such a place, order the person to leave the office or place or arrest the person without warrant.
Marginal note:Order must be obeyed
(4) Every person in respect of whom an order is made to leave an office or place must obey it without delay.
Marginal note:Power to eject
(5) If an order to leave an office or place is not obeyed without delay, the person who made it may use such force as is reasonably necessary to eject the person in respect of whom the order was made from the office or place.
Marginal note:After arrest
(6) The officer, supervisor or appointed person who arrests a person under subsection (3) shall without delay
(a) advise the person of the right to be represented by counsel and give the person an opportunity to obtain counsel; and
(b) deliver the person to a peace officer to be dealt with in accordance with the Criminal Code.
Marginal note:Removal of materials
(7) Where a returning officer, deputy returning officer, central poll supervisor or person appointed under paragraph 124(1)(b) believes on reasonable grounds that a person has contravened paragraph 166(1)(a) or (b), the officer, supervisor or appointed person may cause to be removed from, in the case of a returning officer, his or her office or, in the case of a deputy returning officer, central poll supervisor or appointed person, the polling station, any material that they believe on reasonable grounds was used in contravention of that paragraph.
Marginal note:Peace officer protection
(8) Every election officer has, while performing their duties under this section, all the protection that a peace officer has by law.
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