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

Act current to 2015-11-16 and last amended on 2015-10-27. Previous Versions

Marginal note:Writs forwarded to returning officer

 The Chief Electoral Officer shall issue a writ in Form 1 of Schedule 1 to the returning officer for the electoral district in which the election is to be held without delay after the proclamation is issued or the order is made under section 57.

  • 2000, c. 9, s. 58;
  • 2001, c. 21, s. 6;
  • 2007, c. 10, s. 3.
Marginal note:Withdrawal of writ
  •  (1) The Governor in Council may order the withdrawal of a writ for any electoral district for which the Chief Electoral Officer certifies that by reason of a flood, fire or other disaster it is impracticable to carry out the provisions of this Act.

  • Marginal note:Duties of Chief Electoral Officer

    (2) If the Governor in Council orders the withdrawal of a writ, the Chief Electoral Officer shall publish a notice of the withdrawal in the Canada Gazette and issue a new writ ordering an election within three months after publication of the notice.

  • Marginal note:Polling day

    (3) The day named in the new writ for polling day may not be later than three months after the issue of the new writ.

Marginal note:Returning officer to open and maintain an office
  •  (1) Every returning officer shall, without delay after receiving the writ or notice by the Chief Electoral Officer of the issue of the writ, open an office in premises with level access in a convenient place in the electoral district and shall maintain the office throughout the election period.

  • Marginal note:Hours

    (2) The Chief Electoral Officer may fix the hours that the office must be open and the minimum number of hours of compulsory attendance at it by the returning officer and the assistant returning officer.

Marginal note:Appointment of staff
  •  (1) The Chief Electoral Officer may authorize returning officers to appoint the staff that they consider necessary for the purposes of this Act.

  • Marginal note:Employment of staff

    (2) Staff mentioned in subsection (1) shall

    • (a) be appointed in the prescribed form;

    • (b) take the prescribed oath; and

    • (c) be discharged as soon as their services are no longer needed.

Notice of Election by Returning Officer

Marginal note:Notice of election

 Within four days after the issue of the writ, each returning officer shall sign and issue a Notice of Election in Form 2 of Schedule 1 that indicates

  • (a) the deadline for the receipt of nominations;

  • (b) the date for polling day;

  • (c) the date and time, not later than seven days after polling day, for the validation of results; and

  • (d) the address of the returning officer’s office.