Canada

Population Statistics

35,099,836

Total Population

5,264,975

Population with a disability

according to World Health Organization’s 15% estimate

Election Dates

11 March 2010

Ratified the Convention on the Rights of Persons with Disabilities


Canada Elections Act (2000, last amended 2014)

Updated: June 2015

Section 14 states:

(1) In case of the death, incapacity or negligence of the Chief Electoral Officer while Parliament is not sitting, a substitute Chief Electoral Officer shall, on the application of the Minister, be appointed by order of the Chief Justice of Canada or, in the absence of the Chief Justice of Canada, by the senior judge of the Supreme Court of Canada then present in Ottawa.

(2) A substitute Chief Electoral Officer shall act as Chief Electoral Officer until 15 days after the beginning of the next session of Parliament unless the Chief Justice of Canada or the judge who made the order to appoint the substitute Chief Electoral Officer sooner directs that the order be revoked.

(3) In the absence of both the Chief Justice of Canada and of the judge who made the order to appoint the substitute Chief Electoral Officer, the order may be revoked by any other judge of the Supreme Court of Canada.

(4) The substitute Chief Electoral Officer is entitled to be paid the remuneration fixed by the Governor in Council.

 

Section 24, subsection (7) states:

The Chief Electoral Officer may remove from office any returning officer who

  • (a) is incapable, by reason of illness, physical or mental disability or otherwise, of satisfactorily performing his or her duties under this Act…

 

Section 28 states:

(1) It is the duty of a returning officer or an assistant returning officer to notify the Chief Electoral Officer without delay if the returning officer at any time becomes unable to act.…

(3) Subject to subsection 24(1.5), if a returning officer is absent or unable to act or if a returning officer’s office is vacant, the assistant returning officer shall act in place of the returning officer.(3.1) If a returning officer and an assistant returning officer are both absent or unable to act or if both their offices are vacant during an election period, the Chief Electoral Officer shall designate a person to act in place of the returning officer, and that person may, during and after that period, perform the duties of a returning officer in relation to that election.

(4) When the office of a returning officer becomes vacant, the Chief Electoral Officer shall appoint a new returning officer without delay.

(5) Every assistant returning officer who is required to act as a returning officer under subsection (3) shall appoint an assistant returning officer without delay.

 

Section 29, subsection (2) states:

If an assistant returning officer dies, resigns, becomes disqualified or incapable of acting or refuses to act, or is removed from office for any other reason, the returning officer who appointed him or her shall without delay appoint a substitute.

 

Section 38 states:

(1) When the office of deputy returning officer is vacant or if the deputy returning officer is unable or unwilling to act, and the returning officer has not appointed a replacement, the poll clerk shall act as deputy returning officer without taking another oath.

(2) When a poll clerk acts as deputy returning officer, the poll clerk shall, in the prescribed form, appoint a person to act as poll clerk.

 

Section 87 states:

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.

 

Section 92.3, subsection (3) states:

The Chief Electoral Officer may not authorize an extension or correction unless he or she is satisfied by the evidence submitted by the candidate in writing that the circumstances giving rise to the application arose by reason of

  • (a) the illness of the candidate; or
  • (b) inadvertence or an honest mistake of fact.

 

Section 333, subsection (1) states:

The Chief Electoral Officer shall hold a meeting of two representatives of each registered party represented in the House of Commons at that time, or if Parliament is dissolved, at the time of dissolution, designated in writing by their party leader, for the purpose of holding consultations to choose a Broadcasting Arbitrator. The meeting shall be held within

  • (a) 90 days after polling day at a general election; or
  • (b) 14 days after the day on which the Broadcasting Arbitrator dies, becomes incapacitated, resigns or is removed from office, if that day is not during the election period of a general election.

 

Section 334 states:

In the event of the death, incapacity, resignation or removal of the Broadcasting Arbitrator during the election period of a general election, the Chief Electoral Officer shall appoint a new Broadcasting Arbitrator without delay.

 

Section 374.1, subsection (3) states:

In the event of the death, incapacity, resignation, ineligibility or revocation of the appointment of an officer of a registered party or an eligible party, the party shall, if the remaining number of officers is less than four, appoint a replacement within 30 days.

 

Section 379, subsection (1) states:

In the event of the death, incapacity, resignation or revocation of the appointment of its chief agent or auditor, a registered party or eligible party shall without delay appoint a replacement.

 

Section 403.13 states:

In the event of the death, incapacity, resignation or revocation of the appointment of its financial agent or auditor, a registered association shall without delay appoint a replacement.

 

Section 403.41, subsection (3) states:

The Chief Electoral Officer may not authorize an extension or correction unless he or she is satisfied by the evidence submitted by the applicant that the circumstances giving rise to the application arose by reason of

  • (a) the absence, death, illness or misconduct of the financial agent or a predecessor;
  • (b) the absence, death, illness or misconduct of a clerk or an officer of the financial agent, or a predecessor of one of them; or
  • (c) inadvertence or an honest mistake of fact.

 

Section 433, subsection (3) states:

The Chief Electoral Officer may not authorize an extension or correction unless he or she is satisfied by the evidence submitted by the applicant that the circumstances giving rise to the application arose by reason of

  • (a) the absence, death, illness or misconduct of the chief agent or a predecessor;
  • (b) the absence, death, illness or misconduct of a registered agent of the registered party or of an agent, a clerk or an officer of the chief agent, or a predecessor of one of them; or
  • (c) inadvertence or an honest mistake of fact.

 

Section 435.12 states:

In the event of the death, incapacity, resignation or revocation of the appointment of the financial agent or auditor, a leadership contestant shall without delay appoint a replacement.

 

Section 435.38, subsection (3) states:

The Chief Electoral Officer may not authorize an extension or correction unless he or she is satisfied by the evidence submitted by the applicant that the circumstances giving rise to the application arose by reason of

  • (a) the illness of the applicant;
  • (b) the absence, death, illness or misconduct of the financial agent or a predecessor;
  • (c) the absence, death, illness or misconduct of a clerk or an officer of the financial agent, or a predecessor of one of them; or
  • (d) inadvertence or an honest mistake of fact.

 

Section 458, subsection (3) states:

The Chief Electoral Officer may not authorize an extension or correction unless he or she is satisfied by the evidence submitted by the applicant that the circumstances giving rise to the application arose by reason of

  • (a) the illness of the applicant;
  • (b) the absence, death, illness or misconduct of the official agent or a predecessor;
  • (c) the absence, death, illness or misconduct of an agent, a clerk or an officer of the official agent, or a predecessor of one of them; or
  • (d) inadvertence or an honest mistake of fact.

 

Section 478.07 states:

In the event of the death, incapacity, resignation or revocation of the appointment of the financial agent, a nomination contestant shall without delay appoint a replacement.

 

Section 478.33, subsection (3) states:

The Chief Electoral Officer may not authorize an extension or correction unless he or she is satisfied by the evidence submitted by the applicant that the circumstances giving rise to the application arose by reason of

  • (a) the illness of the applicant;
  • (b) the absence, death, illness or misconduct of the financial agent or a predecessor;
  • (c) the absence, death, illness or misconduct of a clerk or an officer of the financial agent, or a predecessor of one of them; or
  • (d) inadvertence or an honest mistake of fact.

 

Excerpts from the Canada Elections Act (2000, last amended 2014)

Constitution Act of Canada (1867, last amended 1982)

Updated: June 2015

Section 67 of the Constitution Act of 1867 states:

The Governor General in Council may from Time to Time appoint an Administrator to execute the Office and Functions of Lieutenant Governor during his Absence, Illness, or other Inability.

 

Excerpt from the from the consolidated Constitution Act of Canada (1867, last amended 1982)