Backgrounders

Elections Canada: General Information: Backgrounders

The Role and Structure of Elections Canada

Headed by the Chief Electoral Officer of Canada, Elections Canada is an independent body set up by Parliament. Its primary task is to be prepared at all times to administer an electoral event.

The Chief Electoral Officer

The Chief Electoral Officer, Jean-Pierre Kingsley, is the fifth to hold the post since it was created in 1920 by the Dominion Elections Act, largely to put an end to political partisanship in the administration of federal elections. The Chief Electoral Officer is appointed by a resolution of the House of Commons, so that all parties represented there may contribute to the selection process. Once appointed, the incumbent reports directly to Parliament and is thus completely independent of government and political parties. The Chief Electoral Officer serves until retirement or resignation; he or she can be removed only for cause, by the Governor General following a joint address of the House of Commons and Senate.

Mandate of the Chief Electoral Officer

Originally, the Chief Electoral Officer was responsible only for the administration of general elections and by-elections. Under the Canada Elections Act and other laws that now govern the federal electoral process, the mandate has broadened to include the administration of referendums and other important aspects of our democratic electoral system:

The Commissioner of Canada Elections and the Broadcasting Arbitrator

The Chief Electoral Officer appoints a Commissioner of Canada Elections and a Broadcasting Arbitrator.

The Commissioner of Canada Elections ensures that the provisions of the Canada Elections Act and the Referendum Act are complied with and enforced. Anyone who has reasonable cause to believe that a provision of the legislation has been violated should complain in writing to the Commissioner who has 18 months of becoming aware of the facts giving rise to the prosecution and not later than seven years after the day on which the offence was committed to prosecute. During an electoral event, the Commissioner may apply for injunctions or enter into agreements with individuals to ensure compliance with the Act. The Commissioner will intervene, for example, if candidates, parties, referendum committees or third parties exceed their spending limits or fail to submit their expenses returns and receipts within the legal deadlines.

The Commissioner decides personally whether to prosecute a violation. Prosecutions take place through Canada's normal court process, without the involvement of the Attorney General, thus maintaining the non-partisan electoral process. The current Commissioner of Canada Elections is Mr. Raymond Landry.

The Broadcasting Arbitrator allocates paid and free broadcasting time for political parties during a general election and for referendum committees during a referendum, according to a formula set out in the Act. The Broadcasting Arbitrator is also responsible for arbitrating disputes between political parties and broadcasters during a general election. The current Broadcasting Arbitrator is Mr. Peter Grant.

Elections Canada

Organizational Chart of Elections Canada

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The Office through which the Chief Electoral Officer carries out his or her mandate normally comprises a group of employees working in Ottawa. During a general election or referendum, more than 160,000 people are employed by returning officers across the country. A returning officer in each electoral district administers the election to choose a member of Parliament.

To carry out all the administrative tasks involved in preparing for and running electoral events, Elections Canada has formed a structure of eight directorates.

The Chief Electoral Officer is seconded by the Deputy Chief Electoral Officer and Chief Legal Counsel who is responsible for the Legal Services, Corporate Planning and Executive Services, and National and International Research and Policy Development directorates, as well as the agency's international services.

Legal Services

Provides legal advice to the Chief Electoral Officer and staff, including interpretations of the Canada Elections Act, the Referendum Act, the Electoral Boundaries Readjustment Act and other related legislation. Maintains Elections Canada's relationship with the Commissioner of Canada Elections who monitors compliance with the statutes administered by the Chief Electoral Officer. Deals with legal aspects of broadcasting and maintains the agency's relationship with the Broadcasting Arbitrator. Advises on legislative reforms, registers political parties, referendum committees and third parties, and oversees privacy matters related to the work of Elections Canada.

Corporate Planning and Executive Services

Coordinates the preparation of agency-wide plans to ensure event readiness. Conducts regular information gathering and environmental scanning to ensure the agency can effectively plan and monitor progress for the delivery of electoral events and other major corporate projects. Supports organizational efforts to define longer-term strategies to address emerging national trends and issues. Coordinates the agency's relations with government, provincial electoral organizations, and private sector firms.

National and International Research and Policy Development

Has primary responsibility for the agency's research program and for partnerships and liaison with the academic community, research institutes, other national and provincial organizations interested in electoral matters, and relevant international bodies. Sponsors external research, carries out research internally and develops short and medium term plans on electoral matters that fall within the agency's mandate, notably to support the Chief Electoral Officer's responsibility to recommend changes to strengthen the functioning of the Canada Elections Act. Provides support for the Advisory Committee of Political Parties and maintains the agency's reference centre.

The Deputy Chief Electoral Officer and Chief Legal Counsel is also the Registrar of Political Parties and is responsible for the agency's international services, which include a variety of multilateral and bilateral programs offering professional support and technical assistance to countries developing democratic institutions. The agency assigns electoral experts to meet Canada's commitments in support of democratic development around the world.

Elections Canada's other directorates are:

Operations

Prepares for and conducts all electoral events. Develops the procedures, manuals, forms and tools that facilitate registration of voters, voting and management of the electoral process. Arranges to print, assemble and ship all necessary materials to each of Canada's electoral districts as soon as an electoral event is called. Administers the Special Voting Rules and accessibility programs that make it possible for all those who have the right to vote to exercise that right. Develops and administers training programs for returning officers, and acts as the main liaison with returning officers, who are appointed by the Governor in Council. Guides and assists returning officers, whose duties are varied and call for the exercise of a wide range of modern management techniques that include financial planning, office automation, personnel administration, contract negotiation, and public relations.

Election Financing and Corporate Services

Manages all financial, audit and performance measurement activities at Elections Canada. These include auditing and publishing, in summary form, the annual fiscal returns of registered political parties and electoral district associations, the campaign expenses returns of candidates, political parties, third parties and leadership contestants and nomination contestants of registered parties, and the financial returns of registered referendum committees. Reviews election expenses returns for compliance with the legislation. Manages internal finances at Elections Canada, which includes fiscal planning, developing financial policies and systems, costing, budgeting, internal audit, and accounting operations, including payment of election workers, performance measurement and corporate reporting.

Manages all human resources, staffing, pay and benefits activities, official languages, corporate training and development, staff relations, employment equity, employee assistance and awards programs. Administers records and mail, facilities and accommodations, materials, contracting and procurement, security, employee health and safety activities, asset control and matters related to the provision of the supplies and services required to conduct an electoral event. Supports Elections Canada and the federal electoral boundaries commissions with administrative services.

Communications

Informs Canadian citizens in Canada and abroad of their voting rights and how to exercise them, through public and media relations activities, advertising and educational activities. Responds to enquiries from the public both during and between electoral events. Produces and distributes agency publications, including official reports, information documents and educational kits, in print and electronic formats. Provides a Web site with comprehensive information about the electoral process, the registration of electors, the financial reports from political parties, candidates and third parties, voting results in real time on election night and a section specifically for young Canadians. Maintains links with groups having special needs to ensure that appropriate information (e.g. in alternative formats) is developed and provided to facilitate their participation in electoral events.

Register and Geography

Operates and maintains the National Register of Electors, and oversees electoral geography. Responsible for all electoral partnerships related to Register and geography matters. Keeps Register information up to date with data from federal and provincial/territorial sources and information provided by electors during and between electoral events. Coordinates the agency's efforts to develop new registration methods. Produces updated lists of electors each year for members of the House of Commons and registered political parties. Provides data to produce provincial, territorial, municipal and school board electoral lists in accordance with signed agreements. Plans, develops and maintains an up-to-date geographic information and georeferencing system to produce electoral maps and a variety of address-based documents, both electronic and printed.

Information Technology

Responsible for all policies and procedures related to Information Technology activities and infrastructure. Specifically, the IT Directorate plans, purchases, implements, manages and supports all electronic networks, computer hardware and software, as well as all Internet Web systems used by Elections Canada and returning officers. Network and system users receive IT support from the Elections Canada Support Desk.

Raising Youth Awareness

Elections Canada strives to ensure the fair and full participation of all Canadians in an equitable electoral process. Specifically, it is taking action to address the issue of declining voter turnout – in particular, among youth. Elections Canada is promoting young Canadians' understanding of the electoral process through public information and education, including the development of a new voter education program for students between the ages of 16 and 18 and an advertising campaign that is particularly sensitive to the needs of youth. The agency is also raising awareness about the importance of exercising the right to vote by building allies among opinion leaders, including student leaders and other youth representatives. Meanwhile, the electoral process is being improved to ensure it is as accessible as possible for youth. At the next election, there will be more polls in locations convenient to them, more information on voting by mail-in ballot and advance voting, and additional special registration drives in student residences and neighbourhoods.

For more information, please contact:

Elections Canada
257 Slater Street
Ottawa, Ontario
K1A 0M6

Telephone

1 800 463-6868
toll-free in Canada and the United States

001 800 514-6868
toll-free in Mexico

(613) 993-2975
from anywhere in the world

For people who are deaf or hard of hearing:
TTY 1 800 361-8935
toll-free in Canada and the United States

Fax

(613) 954-8584
1 888 524-1444
toll-free in Canada and the United States

This publication is available in alternative formats.

November 2003