Info
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
b . Separate legislation
Comments:
All rules and regulations for election administration are contained within the Canada Elections Act. Section 3 of the Canadian Charter of Rights and Freedoms enshrines the right to vote and the right to be a candidate in an election to the House of Commons while section 2 enshrines a series of constitutional freedoms: of conscience and religion; of thought, belief, opinion and expression, including freedom of the press and other media of communication; of peaceful assembly; and of association.
Source:
Electoral Law: Canada Elections Act (2015)
http://laws.justice.gc.ca/PDF/E-2.01.pdf
Constitution Acts of Canada, 1867-1982
http://laws-lois.justice.gc.ca/PDF/CONST_E.pdf
Canadian Charter of Rights and Freedoms, Art.2-3
http://publications.gc.ca/collections/Collection/CH37-4-3-2002E.pdf
Verified:
2025/03/28
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections
Comments:
The Canada Elections Act covers federal elections. Canada is a confederation made of a federal jurisdiction, 10 provinces and three territories, each of which has its own separate legislative framework for administering its own elections and referenda.
Source:
Electoral Law: Canada Elections Act (2015)
http://laws.justice.gc.ca/PDF/E-2.01.pdf
Verified:
2025/03/28
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments:
Every person who is qualified as an elector is entitled to vote and may freely choose whether or not to use that right.
Source:
The Canada Elections Act (2015), Clause 3
http://laws.justice.gc.ca/PDF/E-2.01.pdf
Verified:
2025/03/28
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
a . Judiciary
b . EMB
Comments:
The Commissioner of Canada Elections, who is selected and appointed by the Chief Electoral Officer of Canada, ensures that the Canada Elections Act (and the Referendum Act) is enforced and complied with. The Commissioner has the necessary judiciary powers to decide whether to investigate and prosecute an offense under the Act.
Source:
The Canada Elections Act (2015), Clause 479 & 522-532
http://laws.justice.gc.ca/PDF/E-2.01.pdf
Verified:
2025/03/28
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