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

Notice of election

62. 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.

Return by Acclamation

Return by acclamation

63. (1) When, as of 2:00 p.m. on the 19th day before polling day, the returning officer has confirmed a nomination for only one candidate, the returning officer shall

    (a) without delay declare the candidate elected by endorsing the return of the writ in the prescribed form on the back of the writ and returning it to the Chief Electoral Officer; and

    (b) within 48 hours after the return of the writ, send a certified copy of it to the elected candidate.

Report with return

(2) When the returning officer returns the writ to the Chief Electoral Officer, the returning officer shall include with it a report of the proceedings during the election period, including any nomination proposed and rejected for non-compliance with this Act.

Holding of an Election

Holding of election

64. (1) If the nomination of more than one candidate is confirmed in an electoral district, an election shall be held.

Notice of grant of a poll

(2) The returning officer shall, within five days after the closing day for nominations, if more than one candidate is nominated, post in the returning office a notice of grant of a poll in the prescribed form that indicates

    (a) the name, address and political affiliation, if any, of each candidate, as stated in the nomination papers, in the order in which their names are to be placed on the ballots;

    (b) the name and address of the official agent for each candidate, as stated in the nomination papers; and

    (c) the name, if any, and the number of each of the polling divisions and the addresses of the polling stations in that electoral district.

Notice to be posted in polling station

(3) The returning officer shall send one copy of the notice of grant of a poll to each deputy returning officer or central poll supervisor, as the case may be, and the officer or supervisor shall post the notice in his or her polling place.

Documents to candidates

(4) The returning officer shall send to each candidate, on the later of the 31st day before polling day and the day on which the candidate's nomination is confirmed, up to 10 copies of a document that sets out a description of the boundaries of the polling divisions in the electoral district.

PART 6

CANDIDATES

Qualifications

Ineligible candidates

65. The following persons are not eligible to be a candidate:

    (a) a person who is not qualified as an elector on the date on which his or her nomination paper is filed;

    (b) a person who is disentitled under paragraph 502(3)(a) while they are so disentitled;

    (c) a member of the legislature of a province, the Council of the Yukon Territory, the Council of the Northwest Territories or the Legislative Assembly of Nunavut;

    (d) a sheriff, clerk of the peace or county Crown Attorney in any of the provinces;

    (e) a person who is not entitled under section 4 to vote;

    (f) a judge appointed by the Governor in Council, other than a citizenship judge appointed under the Citizenship Act;

    (g) a person who is imprisoned in a correctional institution;

    (h) an election officer; and

    (i) a person who was a candidate in a previous election and for whom a return, report, document or declaration has not been provided under subsection 451(1), if the time and any extension for providing it have expired.

Nomination of Candidates

Manner of nomination

66. (1) A nomination paper shall be in the prescribed form and include

    (a) a statement under oath by the prospective candidate of

      (i) his or her name, address and occupation,

      (ii) the address designated by the prospective candidate for service of documents under this Act,

      (iii) the name and address of the prospective candidate's official agent,

      (iv) the name, address and occupation of the prospective candidate's auditor named under subsection 83(2), and

      (v) the name of the registered party or eligible party that has endorsed the prospective candidate or, if none, the prospective candidate's choice to either have the word ``independent'' or no designation of political affiliation under his or her name in election documents;

    (b) a statement by the prospective candidate, consenting to the nomination, signed and sworn in the presence of a witness who is an elector but is not the person who administers the oath;

    (c) the signature of the witness referred to in paragraph (b);

    (d) a statement signed by the official agent consenting to act in that capacity;

    (e) for any electoral district except one listed in Schedule 3, the names, addresses and signatures, made in the presence of a witness, of at least 100 electors resident in the electoral district;

    (f) for an electoral district listed in Schedule 3, the names, addresses and signatures, made in the presence of a witness, of at least 50 electors resident in the electoral district; and

    (g) the name, address and signature of the witness to each signature made under paragraph (e) or (f).

Particulars of candidates

(2) For the purpose of subparagraph (1)(a)(i),

    (a) the name shall not include any title, degree or other prefix or suffix;

    (b) one or more of the given names may be replaced by a nickname by which the prospective candidate is publicly known, other than a nickname that could be confused with the name of a political party, and the nickname may be accompanied by the initial or initials of their given name;

    (c) a normal abbreviation of one or more of the given names may be substituted for the given name or names; and

    (d) the occupation shall be stated briefly and shall correspond to the occupation by which the prospective candidate is known in his or her place of ordinary residence.

Public knowledge of nickname

(3) A prospective candidate who uses a nickname described in paragraph (2)(b) in his or her nomination paper shall, if the returning officer requests, provide the returning officer with documents that are determined by the Chief Electoral Officer to be evidence of the common public knowledge and acceptance of the nickname.

Notification and determina-
tion

(4) If the returning officer is of the opinion that a nickname referred to in paragraph (2)(b) could be confused with the name of a political party, he or she shall notify the Chief Electoral Officer, who shall determine whether the nickname may be used as provided in that paragraph.

Witness files nomination paper

67. (1) The witness to the consent referred to in paragraph 66(1)(b) shall file the nomination paper with the returning officer in the electoral district in which the prospective candidate is seeking nomination at any time between the issue of the Notice of Election and the close of nominations.

Witness ensures signatures are of electors

(2) The witness shall use due diligence to ensure that the signatures referred to in paragraph 66(1)(e) or (f) were all made by electors resident in the electoral district.

Witness swears oath

(3) The witness shall, on filing the nomination paper, swear an oath in writing in the prescribed form before the returning officer stating that

    (a) the witness knows the prospective candidate;

    (b) the witness is qualified as an elector; and

    (c) the prospective candidate signed the consent to the nomination in the presence of the witness.

Other requirements

(4) The witness shall file with the returning officer, together with the nomination paper,

    (a) a deposit of $1,000;

    (b) a statement signed by the auditor consenting to act in that capacity; and

    (c) if applicable, an instrument in writing, signed by the leader of the registered party or eligible party or by a person referred to in subsection 383(2), that states that the prospective candidate is endorsed by the party in accordance with section 68.

Party may endorse only one candidate per district

68. (1) A registered party or eligible party may endorse only one prospective candidate in each electoral district for a given election.

New endorsement

(2) If, with respect to a particular electoral district, a candidate who has been endorsed by a registered party or eligible party dies before 2:00 p.m. on the 5th day before the closing day for nominations or withdraws in accordance with subsection 74(1), the registered party or eligible party may endorse another candidate in that electoral district before the close of nominations.

Closing day for nominations

69. The closing day for nominations shall be Monday, the 21st day before polling day.

Hours of attendance

70. (1) The returning officer and the assistant returning officer shall attend between noon and 2:00 p.m. on the closing day for nominations at the office of the returning officer in order that the returning officer may receive nominations for prospective candidates who have not yet filed their nomination papers.

Close of nominations

(2) No nomination may be received from any person who enters the office of the returning officer after 2:00 p.m. on the closing day for nominations.

Designated filing place

(3) The returning officer may authorize a person to receive the nomination paper and the deposit, statement and instrument referred to in paragraphs 67(4)(a) to (c), respectively, in any place designated by the returning officer. They must be received by the close of nominations.

Notice to candidate of confirmation or refusal

71. (1) The returning officer shall, not later than 48 hours after a nomination paper is filed, give the prospective candidate notice, in the prescribed form, of the confirmation of the nomination or of the refusal to accept the nomination.

Verification of nomination papers

(2) Before giving confirmation of a nomination or refusing to accept one, the returning officer shall verify, in accordance with the instructions of the Chief Electoral Officer,

    (a) that the nomination paper is complete, including having at least the number of signatures referred to in paragraph 66(1)(e) or (f), as the case may be; and

    (b) that the signatures referred to in paragraph 66(1)(e) or (f) are those of electors who are entitled to vote in the electoral district in which the prospective candidate intends to seek nomination.

Correction or replacement

(3) A nomination paper that a returning officer has refused to accept may be replaced by another nomination paper or may be corrected if the new or corrected nomination paper is filed with the returning officer by the close of nominations.

Deposit to Receiver General

72. (1) On receipt of the deposit, the returning officer shall issue a receipt to the witness and shall without delay send the deposit to the Chief Electoral Officer who shall without delay send it to the Receiver General.

Refund of deposit

(2) If a returning officer refuses to accept a nomination, the deposit that was filed in support of it shall be refunded to the person in respect of whom the nomination paper was filed.

Electronic filing

73. (1) A prospective candidate may send his or her nomination paper and the statement and instrument referred to in paragraphs 67(4)(b) and (c), respectively, by electronic means. In order for the nomination to be valid, the returning officer must receive the deposit referred to in paragraph 67(4)(a) and copies in electronic form of the nomination paper, statement and instrument by the close of nominations. The original documents must be received by the returning officer not later than 48 hours after the close of nominations.

Cancellation of nomination

(2) If the original documents are not received on time, the returning officer shall cancel the nomination unless the person in respect of whom the nomination paper was filed satisfies the returning officer that all reasonable measures were taken to ensure that the original documents were received on time.

Withdrawal of candidate

74. (1) A candidate may withdraw at any time before 5:00 p.m. on the closing day for nominations by filing, in person, with the returning officer a statement in writing to that effect signed by the candidate and witnessed by two electors who are entitled to vote in the electoral district in which the candidate's nomination was confirmed.

Consequences of withdrawal

(2) When a candidate withdraws under subsection (1), any votes cast for the candidate at the election are void.

Minor corrections

75. A candidate may, before 5:00 p.m. on the closing day for nominations, provide in writing to the returning officer any change that he or she wishes to be made to his or her name, address or occupation as set out in the nomination paper.

Votes for persons not properly nominated to be void

76. Any votes given for a person other than a candidate are void.

Postpone-
ment of closing day for nominations on death of candidate

77. (1) If a candidate endorsed by a registered party dies after 2:00 p.m on the 5th day before the closing day for nominations and before the close of polling stations on polling day, the election is postponed and the returning officer shall, after communicating with the Chief Electoral Officer, fix the 2nd Monday after the death as the closing day for nominations in that electoral district.

New polling day

(2) Notice of the day fixed under subsection (1) shall be given by a further Notice of Election distributed and posted as specified by the Chief Electoral Officer, and there shall also be named by the Notice of Election a new polling day, which shall be Monday, the 21st day after the day fixed under that subsection.

Lists of electors

(3) The lists of electors to be used at a postponed election shall be the lists of electors that were revised before the 6th day before the new polling day.

Postpone-
ment of election

78. The postponement of an election under section 77 and the fixing of a new closing day for nominations does not invalidate the nomination of the other candidates.