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10 & 11 George V, c. 46
Dominion Elections Act
 (1920)
375579810 & 11 George V, c. 46
Dominion Elections Act
1920

Contents edit

An Act respecting the Election of Members of the House of Commons and the Electoral Franchise.

Preamble.
SHORT TITLE.
1. Short title.
INTERPRETATION.
2. Definitions.
(a) "Advance poll."
(b) "Candidate."
(c) "Dominion election." or "Election."
(d) "During an election." or "At an election." or "Throughout an election."
(e) "Election officer."
(f) "Election papers."
(g) "Election petition."
(h) "Elector."
(i) "Electoral district."
(j) "Form."
(k) "Hours of the day."
(l) "Judge."
(m) "List of voters." of "Voters' list".
(n) "Member."
(o) "Nomination day."
(p) "Official agent."
(q) "Oath."
(r) "Official stamp."
(s) "Person."
(t) "Personal expenses."
(u) "Polling day."
(v) "Polling division."
(w) "Province."
(x) "Urban polling division."
(y) "Rural polling division."
(z) "Voter."
(zz) "Writ."
Repealed Acts.
3. Repeal.
MISCELLANEOUS PROVISIONS.
Notices.
4. Notices, how given.
Identification of Printers and Publishers of Election Advertising.
5. Printed documents to bear name etc., of printer.


10 & 11 George V, c. 46 (Canada)


An Act respecting the Election of Members of the House of Commons and the Electoral Franchise


[Assented to 1st July, 1920.]


Preamble.

 His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:—

 
Short Title.

Short title.

1. This Act may be cited as the Dominion Elections Act,

 
Interpretation.

Definitions.

2. In this Act, unless the context otherwise requires, the expression—

"Advance poll."

 (a) "advance poll" means a poll held as by section one hundred of this Act provided;

"Candidate."

 (b) "candidate" or "candidate at an election" includes any person elected to serve in the House of Commons of Canada at an election, or who is nominated as a candidate at an election, or who, after the day of the issue of the writ for an election or after the dissolution of Parliament or the occurrence of a vacancy in consequence of which a writ for an election is eventually issued, is declared by himself or by others to be a candidate;

"Dominion election."
"Election."

 (c) "Dominion election" or "election" means an election of a member or members to serve in the House of Commons of Canada;

"During an election."
"At an election."
"Throughout an election."

 (d) "during an election" or "at an election" or "throughout an election" includes the period after the issue of the writ for an election, or after the dissolution of Parliament or the occurrence of a vacancy in consequence of which a writ for an election is eventually issued, until the elected candidate is returned as elected;

"Election officer."

 (e) "election officer" includes the Chief Electoral Officer, the Assistant Chief Electoral Officer and every returning officer, registrar, election clerk, deputy returning officer, poll clerk, or other person having any duty to perform pursuant to this Act to the faithful performance of which duty he may be sworn;

"Election papers."

 (f) "election papers" mean all ballot papers including those unused, poll books, list of voters and other statements used at a polling station, and all other documents sent by any returning officer to the Chief Electoral Officer in compliance with with this Act or any instructions issued by the said Chief Electoral Officer or his Assistant;

"Election petition."

 (g) "election petition" means a petition presented in pursuance of the Dominion Controverted Elections Act;

"Elector."

 (h) "elector" means any person qualified to vote at a Dominion election, whether his name is or is not on any lis of voters;

"Electoral district."

 (i) "electoral district" means any place or territorial area entitled to return a member or members to serve in the House of Commons of Canada;

"Form."

 (j) "form" means a form as in Schedule One to this Act;

"Hours of the day."

 (k) "hours of the day" when mentioned in this Act shall be calculated upon standard time;

"Judge."

 (l) "judge" includes chief justice;

"List of voters."
"Voters' list."

 (m) "list of voters" or "voters' list" means any list of electors prepared as required by this Act, and when provincial lists are referred to includes any official list of persons entitled to vote at a provincial election;

"Member."

 (n) "member" means a member of the House of Commons of Canada;

"Nomination day."

 (o) "nomination day" or "day of nomination" means the day fixed by the Governor General for the nomination of a candidate or candidates;

"Official agent."

 (p) "official agent" means the agent appointed by a candidate and specially charged with the paying of all legal expenses on account of the management or conduct of the election, whose name and address have been declared in writing on or before nomination day as by this Act required;

"Oath."

 (q) "oath" includes affirmation and statutory declaration;

"Official stamp."

 (r) "official stamp" means the stamp supplied by the Chief Electoral Officer to the returning officer for the purposes of an election;

"Person."

 (s) "person" includes elector, voter and candidate;

"Personal expenses."

 (t) "personal expenses" as used herein with respect to the expenditure of any candidate in relation to the election at which he is a candidate, includes the reasonable travelling expenses of such candidate and the reasonable expenses of his living at hotels or elsewhere for the purposes of and in relation to such election, and all other expenses which, except as restrained by this Act, he may in person lawfully incur and pay;

"Polling day."

 (u) "polling day" or "day of polling" means the day fixed as provided by section fifty-five of this Act for holding the poll;

"Polling division."

 (v) "polling division" means any division, sub-division, district, sub-district or other territorial area within which a poll may be held;

"Province."

 (w) "province" includes the Yukon Territory;

"Urban polling division."

 (x) "urban polling division" means a polling division which is wholly or partly contained within places having a population of more than one thousand persons and which places are under the provincial laws cities, towns, or incorporated villages;

"Rural polling division."

 (y) "rural polling division" means a polling division whereof no part is contained within a place having a population of more than one thousand persons and which place under the provincial law is a city, town, or incorporated village;

"Voter."

 (z) "voter" means any elector whose name appears on any list of voters prepared or added to as directed by this Act, and includes any person who, whether or not a voter as defined, applies to vote or has voted at an election;

"Writ."

 (zz) "writ" means writ for an election.

 

Repealed Acts.

Repeal.

3. The several Acts set out and described in Schedule Three to this Act are hereby repealed to the extent stated in the said Schedule, and all and several of the orders in council made under any of the said Acts are hereby repealed.

 
Miscellaneous Provisions.

 

Notices.

Notices, how given

4. When any election officer is by this Act authorized or required to give a public notice and no special mode of notification is indicated the notice may be by advertisement, placard, handbill or otherwise as he considers will best effect the intended purpose. (Sec. 312.)

 

Identification of Printers and Publishers of Election Advertising.

Printed documents to bear name etc., of printer.

5. Every printed advertisement, handbill, placard, poster or dodger having reference to any election shall bear upon its face the name and address of its printer and publisher, and any person printing, publishing, distributing or posting up, or causing to be printed, published, distributed or posted up, any such document unless it bears upon its face such name and address is guilty of an offence against this Act punishable on summary conviction as in this Act provided, and if he is a candidate or the official agent of a candidate is further guilty of an illegal practice. (Sec. 34 of 7-8 E. VII, c. 26, and Eng. Act, 1883, sec. 18.)



 

This work is in the public domain worldwide because it was prepared or published by or under the direction or control of the Canadian Government or any government department prior to 1974.

 

Section 12 of the Canadian Copyright Act provides a reservation for Crown rights or privileges. Lack of modern case law on the subject makes it unclear whether perpetual prerogative rights over these documents still apply, or whether these rights have lapsed. Notwithstanding, these documents are reproducible under the terms of the Reproduction of Federal Law Order.

 

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