Elections Modernization Act (S.C. 2018, c. 31)

• Marginal note:Designated person to act — suspension of returning officer

  (3.01) If a returning officer is under suspension during the six months before the day set in accordance with subsection 56.1(2) for the holding of a general election or during any election period that falls in whole or in part outside that six-month period, the Chief Electoral Officer may designate a person to act in the returning officer’s place, and that person may, during and after that period, exercise the powers and perform the duties of a returning officer in relation to that election.

• Marginal note:Designated person to act — absence of returning and assistant returning officers

  (3.1) If, during the six months before the day set in accordance with subsection 56.1(2) for the holding of a general election or during any election period that falls in whole or in part outside that six-month period, a returning officer is absent or unable to act or a returning officer’s office is vacant and, at the same time, the assistant returning officer is absent or unable to act or the assistant returning officer’s office is vacant, the Chief Electoral Officer shall designate a person to act in place of the returning officer, and that person may, during and after that period, exercise the powers and perform the duties of a returning officer in relation to that election.

• Marginal note:Further limitation

  (4) An assistant returning officer appointed under subsection (2) is not an assistant returning officer for the purposes of subsections 28(1), 60(2), 70(1) and 293(1).

Marginal note:Election officers

• 32 (1) Subject to subsections (2) and (3) and 33(2) and (3), a returning officer shall, after the issue of the writ, appoint in accordance with the Chief Electoral Officer’s instructions the election officers that the returning officer considers necessary for exercising election officers’ powers and performing election officers’ duties under this Act in the returning officer’s electoral district.

• Marginal note:Appointment before issue of writ

  (2) A returning officer may, in accordance with the Chief Electoral Officer’s instructions, appoint election officers before the issue of the writ if the returning officer considers that it is desirable to do so for the purpose of training and preparing them to exercise their powers and perform their duties under this Act after the issue of the writ.

• Marginal note:Maximum number of election officers appointed

  (3) Before the eighth day after the issue of the writ, a returning officer shall not appoint more than half the number of election officers referred to in subsection (1).

Marginal note:Solicitation of names

• 33 (1) As soon as possible after the issue of the writ, a returning officer shall solicit names of persons suitable to be election officers from the candidates of registered parties that endorsed candidates in the last election in the electoral district or from the registered associations of those registered parties — or, if such a registered party has no registered association in that electoral district, from that registered party.

• Marginal note:Persons whose names are provided to be appointed

  (2) If the number of names provided under subsection (1) within seven days after the issue of the writ is less than, or equal to, the number of election officers remaining to be appointed under subsection 32(1) after the returning officer has appointed election officers under section 32, the returning officer shall, subject to subsection 37(1), appoint the persons named as election officers.

• Marginal note:Proportional distribution

  (3) If the number of names provided under subsection (1) within seven days after the issue of the writ is more than the number of election officers remaining to be appointed under subsection 32(1) after the returning officer has appointed election officers under section 32, the returning officer shall, subject to subsection 37(1), appoint from those names the election officers remaining to be appointed as far as possible in the proportion of the votes received in the last election in the electoral district by the candidates of the registered parties whose candidates or registered associations provided names under subsection (1), or that themselves provided names under that subsection, as the case may be.

• Marginal note:Removal or replacement

  (4) If a returning officer removes or replaces an election officer, the former election officer shall return all election documents and election materials in his or her possession to the returning officer or to an authorized person.

• Marginal note:Lists of election officers

  (5) Each returning officer shall make available to each candidate, on completion of the list, a list of the election officers for the electoral district who will be responsible for assisting the returning officer or assistant returning officer in the revision of lists of electors under Part 7.

• Marginal note:Identification

  (6) Each election officer shall, while exercising his or her powers or performing his or her duties, wear or carry the identification that is supplied by the Chief Electoral Officer and shall show it on request.

Marginal note:Refusal to appoint

• 37 (1) A returning officer may, on reasonable grounds, refuse to appoint as an election officer a person recommended by a candidate or by a registered association or registered party and shall immediately advise the candidate, association or party of the refusal.

• Marginal note:Recommendation of another person

  (2) If as a result of the refusal a position is not filled and there are no more persons whose names were provided by the candidate, registered association or registered party under subsection 33(1) who may be appointed under subsection 33(2) or (3), the candidate, association or party may recommend another person within 24 hours after being advised of the refusal.

Marginal note:Record of election officers’ powers and duties

38 A returning officer shall keep a record of the powers and duties that he or she has assigned to each election officer, and of the time at which or during which each election officer is to exercise a power or perform a duty assigned to him or her.

Marginal note:Election officers

39 An election officer shall exercise or perform, in accordance with the Chief Electoral Officer’s instructions, any power or duty assigned to him or her by a returning officer.

• Marginal note:Notice

  (4) When the Chief Electoral Officer has determined which candidates, registered associations or registered parties have the right to provide lists of names under subsection (1), he or she shall notify those registered parties without delay of that right.

Marginal note:Attribution of votes for appointments

42 For the purposes of subsection 33(3) and section 41, in a case in which a registered party that endorsed a candidate in the last election merges with one or more parties that were registered parties at the last election,

• (a) the merged party is deemed to have endorsed a candidate in the last election in the electoral district; and

• (b) that candidate is deemed to have received the same number of votes as the candidate who, among the candidates of the merging parties, received the largest number of votes at that election.

• (a) knowingly obstruct an election officer in the exercise of his or her powers or the performance of his or her duties;

• (b) without authority, use identification simulating that used by an election officer or intended to replace that prescribed by the Chief Electoral Officer for that purpose; or

• (c) having been removed or replaced as an election officer, fail to return any election documents or election materials in his or her possession to the returning officer or to an authorized person.