Canada Elections Act

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 Northwest Territories or the Legislative Assembly of Yukon or 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.

S.C. 2002, c. 7, s. 92.

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 political 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 determination

(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.

S.C. 2001, c. 21, s. 7.

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 political 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.

S.C. 2001, c. 21, s. 8.

Party may endorse only one candidate per district

68. (1) A political 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 political 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 party may endorse another candidate in that electoral district before the close of nominations.

S.C. 2001, c. 21, s. 9.

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.

Postponement 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.

Postponement 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.

Ballots void

79. If an election is postponed under section 77, all ballots that are cast before the postponement are void and shall be destroyed.

Rights of Candidates

Leave of absence

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.

Right of candidate to enter building

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

(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

(b) campaigning in a common area in the multiple residence.

Exception

(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.

Obligations of Candidates

Definition of candidate

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.

Appointment of official agent

83. (1) A candidate shall appoint an official agent before accepting a contribution or incurring an electoral campaign expense.

Appointment of auditor

(2) A candidate shall appoint an auditor on appointing an official agent.

Official agent – ineligible persons

84. The following persons are not eligible to be an official agent:

(a) a candidate;

(b) an election officer or a member of the staff of a returning officer;

(b.1) an undischarged bankrupt;

(c) an auditor appointed as required by this Act;

(d) a person who is not qualified as an elector; and

(e) a person who does not have the capacity to enter into contracts in the province in which he or she ordinarily resides.

S.C. 2003, c. 19, s. 3.

Auditor – eligibility

85. (1) The following are eligible to be an auditor for a candidate:

(a) a person who is a member in good standing of a corporation, an association or an institute of professional accountants; or

(b) a partnership of which every partner is a member in good standing of a corporation, an association or an institute of professional accountants.

Auditor – ineligible persons

(2) The following persons are not eligible to be an auditor for a candidate:

(a) an election officer or a member of the staff of a returning officer;

(b) the candidate or any other candidate;

(c) the official agent of the candidate or any other candidate;

(d) the chief agent of a registered party or an eligible party;

(e) a registered agent of a registered party;

(f) electoral district agents of registered associations;

(g) leadership contestants and their leadership campaign agents;

(h) nomination contestants and their financial agents; and

(i) financial agents of registered third parties.

S.C. 2003, c. 19, s. 4.

Where partnership appointed as official agent or auditor

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

(a) a candidate in an electoral district other than the electoral district of the candidate for whom the appointment is being made; or

(b) a registered party.

Consent

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.

Death, incapacity, resignation or revocation

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.

Only one official agent and auditor

88. A candidate may have only one official agent and one auditor at a time.

Prohibition

Ineligible candidate

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.

Prohibition – official agents

90. (1) No person who is ineligible to act as an official agent of a candidate shall act in that capacity.

Prohibition – auditor

(2) No person who is ineligible to act as an auditor of a candidate shall act in that capacity.

Publishing false statements to affect election results

91. No person shall, with the intention of affecting the results of an election, knowingly make or publish any false statement of fact in relation to the personal character or conduct of a candidate or prospective candidate.

S.C. 2001, c. 21, s. 10.

False statement of withdrawal of candidate

92. No person shall knowingly publish a false statement of the withdrawal of a candidate.

 

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