Electoral-Management-Reference-Model-v.1.0

2.2.3 Legislative environment
The election of members to a jurisdiction’s Legislative Assembly or Parliament is conducted
within a framework of electoral law that is unique to each jurisdiction. Electoral law is very
prescriptive and covers all aspects of electoral administration from how Returning Officers are
recruited and appointed, to the dates, times and types of voting and counting. The scope of
electoral events and the approach taken to their delivery is, to a very large degree, shaped by
legislative constraints.
The legislation governing elections in Canada is remarkable both for its similarities across
jurisdictions and for its differences. 3
Much of the variation in business practices across electoral
agencies is rooted in differences in local electoral legislation. For instance, the length of time
allowed by law between the close of registration and the start of voting determines whether it is
feasible to process registrations at agency headquarters, or whether this function should be
deployed to the field.
Innovation in this industry often goes hand-in-hand with legislative change. Electoral agencies
have the opportunity to shape electoral law by providing recommendations for legislative change
at the conclusion of each electoral event. Business process innovation is often delayed until
enabling legislation is passed. For instance, until recently, electoral law in B.C. permitted
Elections BC to accept updates to existing elector registrations by telephone, but not new elector
registrations. Elections BC was not able to offer registration by telephone until the province’s
Election Act was amended in 2008. The reliance on legislative change to support many business
improvements slows the pace of change in the election business, but also helps to ensure that the
full impact of a change on the integrity of the overall electoral process is considered.
2.2.4 Independent office
Fairness, independence, transparency and non-partisanship are cornerstones of the way electoral
agencies conduct their business. It is important that any body that administers elections is
independent of political influence. In Canada, the independence of the electoral agency is
embedded in the electoral law of the jurisdiction. In all Canadian jurisdictions, a Chief Electoral
Officer is responsible for electoral administration, including enforcing fairness and impartiality
on the part of election officials and ensuring compliance with the legislation governing elections.
The process for appointing Chief Electoral Officers and their reporting structure is designed to
ensure that electoral administration is completely independent of government and political
parties. Chief Electoral Officers in Canada do not report to the Cabinet, the Prime Minister, or
Premier, but instead to the House of Commons, National Assembly, or the Legislative Assembly
through the Speaker. To further underscore the non-partisan nature of the Office, local legislation
in many Canadian jurisdictions prohibits Chief Electoral Officers and sometimes their assistants
or deputies, and Returning Officers as well, from voting in electoral events administered by their
own office. 4
3 For a comparison of electoral legislation across Canadian jurisdictions, see Elections Canada. (2009). Compendium
of Election Administration in Canada: A Comparative Overview. Ottawa: Elections Canada.
4 Chief Electoral Officers can vote in the elections they administer in only four of Canada’s 14 jurisdictions:
Newfoundland and Labrador, Quebec, Alberta and Nunavut (Elections Canada, 2009).
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April 9, 2010