Canada Elections Act

Marginal note:General election — proclamation

• 57 (1) The Governor in Council shall issue a proclamation in order for a general election to be held.

• Marginal note:By-election — order

  (1.1) The Governor in Council shall make an order in order for a by-election to be held.

• Marginal note:Contents

  (1.2) The proclamation or order shall

  • (a) direct the Chief Electoral Officer to issue a writ to the returning officer for each electoral district to which the proclamation or order applies;

  • (b) fix the date of issue of the writ; and

  • (c) fix the date for voting at the election, which date must be at least 36 days after the issue of the writ.

• Marginal note:General election

  (2) In the case of a general election,

  • (a) the date of issue of the writ shall be the same for all electoral districts;

  • (b) polling day shall be the same for all electoral districts; and

  • (c) the proclamation shall fix a date for the return of the writ to the Chief Electoral Officer, which date shall be the same for all of the writs.

• Marginal note:Election held on a Monday

  (3) Subject to subsection (4) and section 56.2, polling day shall be on a Monday.

• Marginal note:Exception

  (4) In the case of a general election that is not held on a day set in accordance with subsection 56.1(2) or section 56.2, if, in the week in which the election is to be held, the Monday is a holiday, polling day shall be held on the Tuesday of that week.

• Marginal note:Times when polling day is a Tuesday

  (5) If the day fixed for the vote is a Tuesday because of subsection (4) or section 56.2, any time period specified under this Act before or after polling day is to be calculated as if polling day were the Monday.