The Writ of Election
A writ is a formal written order instructing the returning officer in each electoral district to hold
an election to elect a Member of Parliament. The writ specifies the day by which the names of candidates
must be entered into nomination, and sets a polling date and a date on which the writ, with the name of
the successful candidate noted on the back, is to be returned to the Chief Electoral Officer. (See Figure
4.3.) The returning officer is responsible for the conduct of an election within an electoral district.
One returning officer is appointed by the Governor in Council for each electoral district. The returning
officer receives instructions from the Chief Electoral Officer and holds office as long as he or she meets
the requirements of residency within the electoral district, competency and non-partisanship, or until the
electoral boundaries for the riding are changed.
The election process has evolved considerably since 1867. In 1867 and in 1872, polling days were held on
different days in different locations over several weeks, so that the government could control the timing
of elections in each region. [132]
For example, in 1867, elections were held on different dates in different ridings over a period of six
weeks; during the next election in 1872 the process lasted three months. [133]
In 1874, Parliament passed a law stipulating that votes had to be cast on the same day in all electoral
districts. [134]
Since 1929, polling day is always on Monday, unless that day is a statutory holiday, in which case the
election is held the next day. [135]
In 1996, amendments to the Canada Elections Act rectified the long-standing grievance of western
voters who heard election results from eastern and central Canada while the polls in the west were still
open. The hours for voting are now staggered across Canada’s six time zones with polling stations
open 12 hours in each region. [136]
Issue of Writ for General Election
The Prime Minister begins the process of calling a general election by presenting the Governor General with
an Instrument of Advice recommending that the House of Commons be dissolved. The Governor General then
issues a proclamation dissolving Parliament. [137]
Subsequently, the Prime Minister presents an Order in Council addressed to the Chief Electoral Officer
requesting the issuance of writs of election, and the Governor General issues a Proclamation for the
issuance of writs of election. [138]
After having been notified by the Prime Minister that an election has been called, the Chief Electoral
Officer sends a writ of election to each returning officer. [139]
The writs cannot be issued or dated later than the 36th day before polling day, making the
minimum length of a federal election campaign 36 days. [140]
After the returning officer receives the writ, he or she prepares a public proclamation notifying the
electors of the important dates and other details related to the election, such as the date by which
nomination papers must be filed and the time and date for the official addition of the votes. [141]
(See Figure 4.4.)
No later than 2:00 p.m. on nomination day, which is Monday, the 21st day before polling day, [142]
each candidate must file with the returning officer several documents, including the nomination paper, a
declaration signed by the candidate stating that he or she accepts the nomination, a declaration of
acceptance signed by the candidate’s official agent and a statement of acceptance signed by the
candidate’s auditor. A $1,000 deposit is also required to ensure the candidate’s intention to
stand as an official candidate. [143]
Candidates who change their mind have until 5:00 p.m. on nomination day to withdraw. [144]
Where only one candidate has been officially nominated for an electoral district, the returning officer
immediately returns the writ of election to the Chief Electoral Officer stating that the candidate is duly
elected for that electoral district. [145]
Before polling day, each returning officer issues a proclamation stating, among other things, the time and
date for the official addition of the votes. [146]
That date must not be later than seven days following the polling date. [147]
Normally, no later than six days following the date set for the official addition, the returning officer is
required to complete the form on the back of the writ, declaring a candidate elected. [148]
The returning officer returns the writ of election, along with a post-election report and other
documentation, to the Chief Electoral Officer. [149]
A judicial recount of the ballots is automatically requested by the returning officer if there is an equality
of votes between two or more candidates with the highest number of votes, or if the winning candidate is
separated from any other candidate by less than one one-thousandth of the total votes cast. [150]
A recount may also take place when, within four days of the official addition, someone who witnessed that
addition applies to a judge claiming that there were irregularities in the addition of the ballots. [151]
The judicial recount is conducted by a judge and must take place no later than four days after the
application has been received by the judge. [152]
As soon as the recount is done, [153]
the returning officer completes the back of the writ, indicating the name of the successful candidate, and
returns the writ to the Chief Electoral Officer. [154]
The Chief Electoral Officer publicizes the results of the election in the Canada Gazette, [155]
provides Parliament with a report on the conduct of the election, [156]
and retains all electoral documents in the event an election is contested. [157]
The Chief Electoral Officer also provides the Clerk of the House with a certified list of Members returned
to serve in the House of Commons. The list is tabled in the House by the Clerk at the beginning of the
first session of the new Parliament and is included in the Journals. [158]
Issue of Writ for a By-Election
Whenever a vacancy in the representation of the House occurs, for whatever reason, the Speaker addresses a
warrant (a written authorization) to the Chief Electoral Officer for the issue of a writ of election to
fill the vacancy. [159]
The writ for a by-election must be issued between the 11th day and the 180th day
after the receipt of the warrant by the Chief Electoral Officer. [160]
While the Parliament of Canada Act requires by-elections to be called within six months of a seat
becoming vacant, there is no limit on how far in the future the actual date of the by-election may be set.
The date of the by-election is fixed by the Governor in Council. [161]
A writ for a by-election would be superseded and withdrawn when a by-election has been ordered for a day
subsequent to the dissolution of Parliament and the calling of a general election. [162]