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| List of names
to be provided
|
40. The registered parties that have the right
to provide the returning officer with lists of
names of suitable persons to be appointed as
election officers for the purposes of a
by-election under subsection 29(1.1) of the
Parliament of Canada Act because of an
equality of votes are the same registered
parties as those who had that right for the
purposes of the election that resulted in the
equality of votes.
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| Results
transposed
|
41. (1) When a new electoral district is
established, the Chief Electoral Officer shall
transpose the results from the previous general
election to the polling divisions that are in the
new electoral district in order to determine
which registered parties' candidates have the
right to provide the returning officer with lists
of persons to be appointed as election officers.
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| Special case
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(2) If the Chief Electoral Officer cannot
transpose the results from the previous general
election to a portion of the new electoral
district because no candidate was returned in
respect of that portion due to an equality of
votes, the Chief Electoral Officer shall
transpose the results from the by-election that
was subsequently held under subsection
29(1.1) of the Parliament of Canada Act in
respect of that portion.
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| Exception
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(3) If, in a case to which subsection (2)
applies, a general election is held before the
by-election, the registered parties that have
the right to provide the returning officer with
lists of names of suitable persons to be
appointed as election officers in respect of that
general election are the same registered
parties as those that had that right for the
purposes of the election that resulted in the
equality of votes.
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| Notice to
parties
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(4) When the Chief Electoral Officer has
determined which parties have the right to
provide lists of names under subsection (1),
(2) or (3), he or she shall notify the parties
without delay of that right.
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| Attribution of
votes for
appointments
|
42. For the purposes of subsections 33(1)
and (2), 34(1), 35(1) and 39(3) and (4) and
section 41, in determining whether the
candidate of a registered party finished first or
second in the last election in a case where the
registered party is the result of a merger with
two or more parties that were registered
parties at that election, there shall be
attributed to the candidate of the merged party
the number of votes of the candidate of the
merging party with the largest number of votes
at that election.
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| Prohibitions
|
43. No person shall
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(a) wilfully obstruct an election officer in
the performance of his or her duties;
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(b) without authority, use identification
simulating that used by a revising agent or
intended to replace that prescribed by the
Chief Electoral Officer for that purpose; or
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(c) having been replaced as an election
officer, fail to give to their replacement or
to an authorized person any election
documents or other election materials that
the person has received or prepared in the
performance of his or her duties.
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| Register of
Electors
|
44. (1) The Chief Electoral Officer shall
maintain a register of Canadians who are
qualified as electors, to be known as the
Register of Electors.
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| Contents of
Register
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(2) The Register of Electors shall contain,
for each elector who is included in it, his or her
surname, given names, sex, date of birth,
telephone number, where not confidential ,
civic address, mailing address and any other
information that is provided under subsections
49(2), 194(7), 195(3), 223(2), 233(2) and
251(3).
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| Inclusion
optional
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(3) Inclusion in the Register of Electors is at
the option of the elector.
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| Members and
registered
parties
|
45. (1) By October 15 in each year, the
Chief Electoral Officer shall send to the
member for each electoral district and, on
request, to each registered party that endorsed
a candidate in the electoral district in the last
election, a copy in electronic form - taken
from the Register of Electors - of the lists of
electors for the electoral district.
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| Contents of
lists of
electors
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(2) The lists of electors shall set out each
elector's surname, given names, telephone
number, where not confidential, civic address
and mailing address, and shall be arranged in
the form established by the Chief Electoral
Officer according to the civic addresses of the
electors or, if that is not appropriate, in
alphabetical order by their surnames.
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| Exception
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(3) This section does not apply if October 15
falls during an election period or if the vote at
a general election was held during the three
months before that date.
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| Merger of
parties
|
(4) For the purpose of subsection (1), a
registered party that is the result of a merger of
two or more registered parties is deemed to
have endorsed a candidate in the last election
if one of the merging parties so endorsed a
candidate.
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| Sources of
information
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46. (1) The Register of Electors shall be
updated from
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(i) that electors have given the Chief
Electoral Officer, or
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(ii) that is held by a federal department or
body and that electors have expressly
authorized to be given to the Chief
Electoral Officer; and
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(b) information that the Chief Electoral
Officer considers reliable and necessary for
updating the surname, given names, sex,
date of birth, civic address and mailing
address of electors included in the Register
of Electors and that
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(i) is held under an Act of the legislature
of a province mentioned in Schedule 2, or
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(ii) comes from any other source
mentioned in Schedule 2.
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| Amendments
to Schedule 2
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(2) The Chief Electoral Officer may at any
time amend Schedule 2 by adding, changing
or deleting the name of an Act of the
legislature of a province or of any other source
of information, but no such amendment comes
into force until notice of it is published in the
Canada Gazette.
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| Duty of
returning
officer
|
47. During the election period, each
returning officer shall update the Register of
Electors from the information that he or she
obtains under this Act, other than information
in relation to an elector with respect to whom
an application has been granted under
subsection 233(1.1).
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| New electors
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48. (1) The Chief Electoral Officer shall,
before including a new elector in the Register
of Electors, send the elector the Chief
Electoral Officer's information relating to
him or her and ask if he or she wishes to be
included in the Register of Electors.
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| Obligation of
elector
|
(2) A new elector who wishes to be included
in the Register of Electors shall confirm,
correct or complete the information, in
writing, and give it to the Chief Electoral
Officer along with a signed certification that
he or she is qualified as an elector under
section 3.
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| Exceptions
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(3) This section does not apply in respect of
the inclusion of a new elector
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(a) at the elector's request; or
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(b) based on lists of electors established
under provincial law, if those lists contain
the information that the Chief Electoral
Officer considers sufficient for the
inclusion of the elector.
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| Listing
requests
|
49. (1) Any person may at any time request
the Chief Electoral Officer to include him or
her in the Register of Electors, by providing
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(a) a signed certification that he or she is
qualified as an elector;
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(b) his or her surname, given names, sex,
date of birth, civic address and mailing
address; and
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(c) satisfactory proof of identity.
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| Optional
information
|
(2) In addition to the information referred to
in subsection (1), the Chief Electoral Officer
may invite the elector to give any other
information that the Chief Electoral Officer
considers necessary to implement any
agreements entered into under section 55, but
the elector is not required to do so.
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| Corrections
|
50. An elector may give the Chief Electoral
Officer changes to the information in the
Register of Electors relating to the elector, and
the Chief Electoral Officer shall make the
necessary corrections to the Register of
Electors.
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| Verification
|
51. The Chief Electoral Officer may at any
time
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(a) contact an elector to verify the Chief
Electoral Officer's information relating to
him or her; and
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(b) request the elector to confirm, correct or
complete the information within 60 days
after receiving the request.
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| Deletion of
names
|
52. (1) The Chief Electoral Officer shall
delete from the Register of Electors the name
of any person who
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(b) is not an elector; or
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(c) requests in writing to have his or her
name deleted.
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| Deletion of
name -
discretionary
|
(2) The Chief Electoral Officer may delete
from the Register of Electors the name of any
person who fails to comply with a request
referred to in paragraph 51(b) within the 60
days.
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| Restrictions
|
53. If an elector so requests the Chief
Electoral Officer in writing, information in the
Register of Electors relating to that elector
shall be used only for federal electoral or
referendum purposes.
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| Access to
personal
information
|
54. At the written request of an elector, the
Chief Electoral Officer shall send the elector
all the information in the Chief Electoral
Officer's possession relating to him or her.
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| Provincial
bodies
|
55. (1) The Chief Electoral Officer may
enter into an agreement with any body
responsible under provincial law for
establishing a list of electors, governing the
giving of information contained in the
Register of Electors if that information is
needed for establishing such a list.
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| Conditions
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(2) The Chief Electoral Officer may, for the
purpose of ensuring the protection of personal
information given under an agreement
mentioned in subsection (1), include in the
agreement any conditions that the Chief
Electoral Officer considers appropriate
regarding the use that may be made of that
information.
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| Restriction on
use of
information
|
(3) A body to whom information is given
under an agreement mentioned in subsection
(1) may use the information only for the
purpose of establishing lists of electors for an
election or a referendum held under a
provincial law.
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| Valuable
consideration
|
(4) An agreement mentioned in subsection
(1) may require valuable consideration to be
provided in exchange for the information
given.
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| Prohibitions
|
56. No person shall
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(a) knowingly make a false or misleading
statement, orally or in writing, relating to
their qualification as an elector or relating
to any other information referred to in
section 49;
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(b) knowingly make a false or misleading
statement, orally or in writing, relating to
another person's qualification as an elector,
surname, given names, sex, civic address or
mailing address for the purpose of having
that person's name deleted from the
Register of Electors;
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(c) request the listing in the Register of
Electors of the name of a person who is not
qualified as an elector, knowing that the
person is not so qualified;
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(d) wilfully apply to have included in the
Register of Electors the name of an animal
or thing; or
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(e) knowingly use personal information that
is recorded in the Register of Electors for a
purpose other than
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(i) to enable registered parties, members
or candidates to communicate with
electors in accordance with section 110,
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(ii) a federal election or referendum, or
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(iii) an election or referendum held under
provincial law, if the information is
subject to, and transmitted in accordance
with, an agreement made under section
55.
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| Writs of
election
|
57. (1) In order for an election to be held, the
Governor in Council shall issue a
proclamation that
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(a) directs the Chief Electoral Officer to
issue a writ to the returning officer for each
electoral district to which the proclamation
applies;
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(b) fixes the date of issue of the writ; and
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(c) fixes the date for voting at the election,
which date must be at least 36 days after the
issue of the writ.
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| General
election
|
(2) In the case of a general election,
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(a) the date of issue of the writ shall be the
same for all electoral districts;
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(b) polling day shall be the same for all
electoral districts; and
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(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.
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| Election held
on a Monday
|
(3) Subject to subsection (4), polling day
shall be on a Monday.
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| Exception
|
(4) 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.
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| Times when
polling day is
Tuesday
|
(5) If the day fixed for the vote is a Tuesday
because of subsection (4), any time period
specified under this Act before or after polling
day is to be calculated as if polling day were
the Monday.
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| Writs
forwarded to
returning
officer
|
58. 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 by the Governor in
Council.
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| Withdrawal of
writ
|
59. (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.
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| 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.
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| 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.
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| Returning
officer to
open and
maintain an
office
|
60. (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.
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| 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.
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| Appointment
of staff
|
61. (1) The Chief Electoral Officer may
authorize returning officers to appoint the
staff that they consider necessary for the
purposes of this Act.
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