| Ballots void
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79. If an election is postponed under section
77, all ballots that are cast before the
postponement are void and shall be destroyed.
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| Leave of
absence
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80. Every employer of employees to whom
Part III of the Canada Labour Code applies
shall, on application, grant any such employee
leave of absence, with or without pay, to seek
nomination as a candidate and to be a
candidate for the period during the election
period that may be requested.
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| Right of
candidate to
enter building
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81. (1) No person who is in control of an
apartment building, condominium building or
other multiple residence building may prevent
a candidate or his or her representative,
between 9:00 a.m. and 9:00 p.m., from
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(a) in the case of an apartment building or
condominium building, canvassing at the
doors to the apartments or units, as the case
may be; or
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(b) campaigning in a common area in the
multiple residence.
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| Exception
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(2) Subsection (1) does not apply in respect
of a person who is in control of a multiple
residence building whose residents' physical
or emotional well-being may be harmed as a
result of permitting canvassing or
campaigning referred to in that subsection.
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| Definition of
candidate
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82. For the purposes of sections 83 to 88 and
90, a candidate is deemed to have been a
candidate from the time he or she accepts a
contribution or incurs an electoral campaign
expense referred to in section 406.
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| Appointment
of official
agent
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83. (1) A candidate shall appoint an official
agent before accepting a contribution or
incurring an electoral campaign expense.
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| Appointment
of auditor
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(2) A candidate shall appoint an auditor on
appointing an official agent.
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| Official
agent -
ineligible
persons
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84. The following persons are not eligible to
be an official agent:
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(c) an auditor appointed as required by this
Act;
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(d) a person who is not qualified as an
elector; and
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(e) a person who does not have the capacity
to enter into contracts in the province in
which he or she ordinarily resides.
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| Auditor -
eligibility
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85. (1) The following are eligible to be an
auditor for a candidate:
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(a) a person who is a member in good
standing of a corporation, an association or
an institute of professional accountants; or
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(b) a partnership of which every partner is
a member in good standing of a corporation,
an association or an institute of professional
accountants.
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| Auditor -
ineligible
persons
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(2) The following persons are not eligible to
be an auditor for a candidate:
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(b) the candidate or any other candidate;
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(c) the official agent of the candidate or any
other candidate;
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(d) the chief agent of a registered party or an
eligible party; and
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(e) a registered agent of a registered party.
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| Where
partnership
appointed as
official agent
or auditor
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85.1 Subject to sections 84 and 85, a person
may be appointed as official agent or auditor
for a candidate notwithstanding that the
person is a member of a partnership that has
been appointed as an auditor, in accordance
with this Act for
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(a) a candidate in an electoral district other
than the electoral district of the candidate
for whom the appointment is being made; or
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| Consent
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86. A candidate who appoints an official
agent or an auditor shall obtain from the
official agent or auditor a signed statement
consenting to act in that capacity.
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| Death,
incapacity,
resignation or
revocation
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87. In the event of the death, incapacity,
resignation or revocation of the appointment
of an official agent or of an auditor, the
candidate shall, without delay, appoint
another official agent or auditor.
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| Only one
official agent
and auditor
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88. A candidate may have only one official
agent and one auditor at a time.
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| Ineligible
candidate
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89. No person shall sign a nomination paper
consenting to be a candidate knowing that he
or she is not eligible to be a candidate.
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| Prohibition -
official agents
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90. (1) No person who is ineligible to act as
an official agent of a candidate shall act in that
capacity.
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| Prohibition -
auditor
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(2) No person who is ineligible to act as an
auditor of a candidate shall act in that capacity.
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| Publishing
false
statements to
affect election
results
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91. No person shall, with the intention of
affecting the results of an election, make or
publish any false statement of fact in relation
to the personal character or conduct of a
candidate or prospective candidate.
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| False
statement of
withdrawal of
candidate
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92. No person shall knowingly publish a
false statement of the withdrawal of a
candidate.
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| Sending of
information
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93. (1) As soon as possible after the issue of
a writ, the Chief Electoral Officer shall
prepare a preliminary list of electors for each
polling division in an electoral district, and
shall send it to the returning officer for the
electoral district along with all the other
information in the Register of Electors that
relates to the electors of that electoral district.
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| Form of
preliminary
list of electors
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(2) A preliminary list of electors shall
contain only the names and addresses of
electors in the electoral district, and shall be
arranged according to the civic addresses of
the electors or, if that is not appropriate, in
alphabetical order by their names.
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| Publication of
preliminary
lists
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(3) The Chief Electoral Officer shall, not
later than the 31st day before polling day,
determine the number of names appearing on
the preliminary lists of electors for each
electoral district and cause that information to
be published in the Canada Gazette.
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| Distribution
of lists
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94. (1) Each returning officer shall, on
receipt of the preliminary lists of electors for
his or her electoral district, distribute one
printed copy and one copy in electronic form
of the lists to each candidate in the electoral
district who requests them.
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| Extra copies
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(2) On the request of a candidate, the
returning officer may provide a maximum of
four additional printed copies of the
preliminary lists of electors.
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| Notice to
electors
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95. (1) Each returning officer shall, as soon
as possible after the issue of a writ but not later
than the 24th day before polling day, send a
notice of confirmation of registration to every
elector whose name appears on the
preliminary list of electors, except electors
who
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(a) are referred to in paragraph 11(e);
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(b) have completed a statement of ordinary
residence under section 194 or 195; or
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(c) are referred to in section 222.
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| Form of
notice
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(2) The notice of confirmation of
registration shall be in the form established by
the Chief Electoral Officer and shall indicate
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(a) the address of the elector's polling
station, and whether or not it has level
access;
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(b) the voting hours on polling day;
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(c) a telephone number to call for more
information; and
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(d) the dates of advance polls and the voting
hours and locations of advance polling
stations.
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| Particular
needs
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(3) The notice of confirmation of
registration shall invite the elector to contact
the returning officer if he or she
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(a) requires a language or sign language
interpreter;
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(b) requires level access and his or her
polling station does not have it; or
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(c) is unable to attend at a polling station
because of a physical disability.
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| Revision of
preliminary
lists of
electors
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96. The Chief Electoral Officer shall, as
soon as possible after the issue of a writ, fix the
commencement date for the revision of the
preliminary lists of electors. The revision
period shall terminate at 6:00 p.m. on the 6th
day before polling day.
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| Election
officers who
are designated
to receive
applications
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97. (1) The returning officer, assistant
returning officer and revising agents for an
electoral district may receive applications for
additions or corrections to, or deletions from,
a preliminary list of electors or the Register of
Electors for their electoral district.
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| Applications
for addition,
correction or
deletion
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(2) All applications referred to in
subsection (1) that are received by revising
agents shall, on completion, be presented to
the returning officer or assistant returning
officer for his or her approval.
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| Rental of
offices
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98. The returning officer may, with the
approval of the Chief Electoral Officer, rent
one or more offices for the revision of the
preliminary lists of electors. The office or
offices shall have level access.
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| Revision -
purpose
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99. The returning officer and assistant
returning officer for an electoral district shall
revise the preliminary lists of electors for that
electoral district by
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(a) adding the names of electors who were
omitted from the lists;
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(b) correcting information respecting
electors whose names are on the lists; and
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(c) deleting the names of persons whose
names were incorrectly inserted on the lists.
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| Revising
agents to act
jointly
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100. (1) Each pair of revising agents
appointed for an electoral district shall act
jointly to assist in the revision of the
preliminary lists of electors.
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| Disagreement
between
revising
agents
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(2) In case of disagreement, the revising
agents shall refer the matter to the returning
officer or assistant returning officer for a
decision and are bound by that decision.
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| Relevant
elector
information
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101. (1) The returning officer or assistant
returning officer may add the name of any
elector to the preliminary list of electors if
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(a) the elector completes the prescribed
registration form, establishes that he or she
should be included on the list and provides
satisfactory proof of identity;
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(b) another elector who lives at the same
residence as the elector completes the
prescribed registration form, establishes
that the elector should be included on the
list and provides satisfactory proof of
identity in respect of that elector; or
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(c) another elector who does not live at the
same residence as the elector completes the
prescribed registration form for the elector,
establishes that the elector should be
included on the list and provides
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(i) written authorization from the elector
allowing the other elector to complete the
form for him or her, and
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(ii) satisfactory proof of identity in
respect of both electors.
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| Exclusion
from Register
of Electors
|
(2) An elector whose name is added to a
preliminary list of electors under paragraph
(1)(a) may request that his or her name not be
included in the Register of Electors.
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| Change of
address
|
(3) The previous address of an elector
whose name is added to a preliminary list of
electors under any of paragraphs (1)(a) to (c)
and who has changed his or her address since
being listed in the Register of Electors shall be
provided and the elector's name shall then be
deleted from the Register of Electors in
relation to the previous address.
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| Deletion of
name of
elector
|
(4) The returning officer or assistant
returning officer may delete the name of a
person from a preliminary list of electors if
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(a) the person requests it and provides
satisfactory proof of identity;
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(b) it is established that the elector is
deceased;
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(c) it is established that the information
provided in respect of the elector is not
valid; or
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(d) it is established that the elector no longer
resides at the address indicated on the list.
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| Corrections
|
(5) The returning officer or assistant
returning officer may approve corrections to
the information, in respect of an elector, on a
preliminary list of electors if
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(a) the elector has requested the correction
under subsection 97(1); or
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(b) there is an omission, inaccuracy or error.
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| Address
change within
electoral
district
|
(6) An elector who changes his or her
address within an electoral district may, by
telephone or otherwise, on providing
satisfactory proof of identity and residence to
one of the election officers mentioned in
subsection 97(1), apply to have the relevant
corrections made to the appropriate
preliminary list of electors. Another elector
who lives at the same residence as the elector
in question, on providing satisfactory proof of
identity and residence in respect of the elector
in question, may apply to have the relevant
corrections made to that list in respect of the
elector in question.
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| Notice of
confirmation
of registration
|
102. Each returning officer shall, as early as
possible during the revision period but not
later than the 5th day before polling day, send
a notice of confirmation of registration that
contains the information described in
subsections 95(2) and (3) to every elector
whose name has been added to a preliminary
list of electors during the revision period,
except electors referred to in subsection 95(1).
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