Bill C-353
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C-353
First Session, Thirty-ninth Parliament,
55 Elizabeth II, 2006
HOUSE OF COMMONS OF CANADA
BILL C-353
An Act to amend the Canada Elections Act (date of general election)
first reading, September 22, 2006
NOTE
2nd Session, 39th Parliament
This bill was introduced during the First Session of the 39th Parliament. Pursuant to the Standing Orders of the House of Commons, it is deemed to have been considered and approved at all stages completed at the time of prorogation of the First Session. The number of the bill remains unchanged.
Mr. Stoffer
391036
SUMMARY
This enactment amends the Canada Elections Act to provide that, subject to an earlier dissolution of Parliament, a general election must be held on the third Monday in September in the fourth calendar year following polling day for the last general election, with the first general election after this enactment comes into force being held on Monday, September 21, 2009.
The enactment also provides that the Chief Electoral Officer may recommend an alternate day if the day set for polling is not suitable.
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1st Session, 39th Parliament,
55 Elizabeth II, 2006
house of commons of canada
BILL C-353
An Act to amend the Canada Elections Act (date of general election)
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
2000, c. 9
CANADA ELECTIONS ACT
1. The Canada Elections Act is amended by adding the following before the heading “Writs of Election” before section 57:
Date of General Election
Powers of Governor General preserved
56.1 (1) Nothing in this section affects the powers of the Governor General, including the power to dissolve Parliament at the Governor General’s discretion.
Election dates
(2) Subject to subsection (1), each general election must be held on the third Monday of September in the fourth calendar year following polling day for the last general election, with the first general election after this section comes into force being held on Monday, September 21, 2009.
Alternate day
56.2 (1) If the Chief Electoral Officer is of the opinion that a Monday that would otherwise be polling day under subsection 56.1(2) is not suitable for that purpose, including by reason of its being in conflict with a day of cultural or religious significance or a provincial or municipal election, the Chief Electoral Officer may choose another day in accordance with subsection (4) and shall recommend to the Governor in Council that polling day be that other day.
Publication of recommendation
(2) If the Chief Electoral Officer recommends an alternate day for a general election in accordance with subsection (1), he or she shall without delay publish in the Canada Gazette notice of the day recommended.
Making and publication of order
(3) If the Governor in Council accepts the recommendation, the Governor in Council shall make an order to that effect. The order must be published without delay in the Canada Gazette.
Limitation
(4) The alternate day must be either the Tuesday immediately following the Monday that would otherwise be polling day or the Monday of the following week.
Timing of proclamation
(5) An order under subsection (3) shall not be made after July 1 in the year in which the general election is to be held.
2. Subsections 57(3) to (5) of the Act are replaced by the following:
Election held on a Monday
(3) Subject to subsection (4) and section 56.2, polling day shall be on a Monday.
Exception
(4) In the case of a general election that is not held on a day set in accordance with subsection 56.1(2) or section 56.2, if, in the week in which the election is to be held, the Monday is a holiday, polling day shall be held on the Tuesday of that week.
Times when polling day is a Tuesday
(5) If the day fixed for the vote is a Tuesday because of subsection (4) or section 56.2, any time period specified under this Act before or after polling day is to be calculated as if polling day were the Monday.
3. Section 58 of the Act is replaced by the following:
Writs forwarded to returning officer
58. The Chief Electoral Officer shall issue a writ in Form 1 of Schedule 1 to the returning officer for the electoral district in which the election is to be held without delay after the proclamation is issued or the order is made under section 57.
COORDINATING AMENDMENTS
Bill C-16
4. (1) Subsections (2) to (5) apply if Bill C-16, introduced in the 1st session of the 39th Parliament and entitled An Act to amend the Canada Elections Act (the “other Act”), receives royal assent.
(2) If the other Act comes into force before this Act, sections 1 to 3 of this Act are replaced by the following:
1. Subsection 56.1(2) of the Canada Elections Act is replaced by the following:
Election dates
(2) Subject to subsection (1), each general election must be held on the third Monday of September in the fourth calendar year following polling day for the last general election, with the first general election after this section comes into force being held on Monday, September 21, 2009.
2. Subsection 56.2(5) of the Act is replaced by the following:
Timing of proclamation
(5) An order under subsection (3) shall not be made after July 1 in the year in which the general election is to be held.
(3) If the other Act comes into force before this Act, this section is renumbered as section 3.
(4) If this Act comes into force before the other Act, the other Act is repealed.
(5) If this Act comes into force on the same day as the other Act, then this Act is deemed to have come into force before the other Act and subsection (4) applies.
Published under authority of the Speaker of the House of Commons
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