Bill C-23

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Staff

Employees

509.3 (1) The employees necessary for the Commissioner to exercise or perform his or her powers, duties and functions under this Act are to be appointed in accordance with the Public Service Employment Act.

Casual employees, etc.

(2) Any additional employees that the Commissioner considers necessary for the exercise or performance of his or her powers, duties and functions under this Act may be appointed for a specified term or on a casual basis in accordance with the Public Service Employment Act.

Technical assistance

509.4 The Commissioner may engage on a temporary basis investigators or persons having technical or specialized knowledge to advise and assist him or her in the exercise or performance of his or her powers, duties and functions under this Act.

Authorization to assist

509.5 The Commissioner may authorize a person employed in the Office of the Director of Public Prosecutions to assist him or her in the exercise or performance of any of his or her powers, duties and functions arising from subsections 509.1(2) and (3) and in the exercise of his or her power under section 509.4, subject to the terms and conditions that the Commissioner sets.

Payments out of Consolidated Revenue Fund

Amounts to be paid out of C.R.F.

509.6 The following shall be paid out of unappropriated moneys forming part of the Consolidated Revenue Fund on the certificate of the Director of Public Prosecutions:

(a) the remuneration paid to the Commissioner or to a person employed under subsection 509.3(2) and any additional remuneration paid to employees referred to in subsection 509.3(1) for overtime work to enable the Commissioner to exercise or perform his or her powers, duties and functions under this Act; and

(b) any expenses incurred by, on behalf of or in relation to the Commissioner under any other provision of this Part.

Investigations and Prosecutions

Investigation by Commissioner

510. (1) The Commissioner, on his or her own initiative or in response to a complaint, may conduct an investigation if he or she believes on reasonable grounds that an offence under this Act has been committed.

Notice

(2) As soon as feasible after beginning an investigation, the Commissioner shall give written notice of the investigation to the person whose conduct is being investigated. The notice is not to be given if, in the Commissioner’s opinion, to do so might compromise or hinder the investigation or any other investigation.

Independence

(3) The Commissioner is to conduct the investigation independently of the Director of Public Prosecutions.

Confidentiality

510.1 (1) Subject to subsection (2), neither the Commissioner nor any person acting under his or her direction shall disclose any information relating to an investigation that comes to their knowledge in the exercise of their powers or the performance of their duties and functions under this Act, including information that reveals or from which may be inferred the name of the complainant, if any, the person whose conduct is being investigated or any witness.

Disclosure authorized

(2) The Commissioner may disclose or may authorize any person acting under his or her direction to disclose

(a) with the consent of the person in question, the name of any of the following: the complainant, if any, the person whose conduct is being investigated and any witness;

(b) information that, in the Commissioner’s opinion, is necessary to carry out an investigation;

(c) when a matter is referred to the Director of Public Prosecutions under subsection 511(1), information that the Director of Public Prosecutions requires;

(d) information that is required to be disclosed in the course of a prosecution for an offence under this Act;

(e) information that is required to be disclosed under any other Act of Parliament; and

(f) information that, in the Commissioner’s opinion, is necessary in order to enter into or renegotiate a compliance agreement.

2003, c. 19, s. 63(2); 2006, c. 9, s. 59

109. Section 514 of the Act is replaced by the following:

Limitation period

514. (1) Proceedings in respect of an offence under a provision set out in subsection 500(1) may be commenced at any time within, but not later than, six years after the day on which the subject-matter of the proceedings arose.

Exception

(2) Despite subsection (1), if a prosecution cannot be instituted because the offender has left the jurisdiction of the court, the prosecution may be instituted within one year after the offender’s return.

110. Section 521 of the Act is replaced by the following:

Publication

521. The Commissioner shall publish, in the manner and form that he or she considers appropriate, a notice that sets out the contracting party’s name, the act or omission in question and the text — other than the parties’ signatures — of the compliance agreement.

2002, c. 7, s. 94(E)

111. (1) Paragraph 525(2)(c) of the Act is replaced by the following:

(c) in the Provinces of Nova Scotia, British Columbia and Prince Edward Island, Yukon and the Northwest Territories, the Supreme Court;

(2) Paragraph 525(2)(e) of the Act is replaced by the following:

(e) in the Province of Newfoundland and Labrador, the Trial Division of the Supreme Court; and

112. Section 533 of the Act is amended by striking out “and” at the end of paragraph (a) and by adding the following after that paragraph:

(a.1) by polling division, the number of additions of names and the number of corrections of information that were made to, and the number of deletions of names that were made from, the official list of electors on polling day; and

113. (1) Subsection 534(1) of the Act is amended by striking out “and” at the end of paragraph (a) and by replacing paragraph (b) with the following:

(b) any measures to adapt any provision of this Act that have been taken under section 17 or 179 since the issue of the writs that he or she considers should be brought to the attention of the House of Commons; and

(c) any measures that he or she has taken to improve the accuracy of the lists of electors since the last report and any such measures that he or she proposes to take.

(2) Subsection 534(2) of the Act is amended by striking out “and” at the end of paragraph (a) and by replacing paragraph (b) with the following:

(b) any measures to adapt any provision of this Act that have been taken under section 17 or 179 in relation to each of the by-elections and that he or she considers should be brought to the attention of the House of Commons; and

(c) any measures that he or she has taken to improve the accuracy of the lists of electors in relation to each of the by-elections and any such measures that he or she proposes to take.

2006, c. 9, s. 135

114. Section 535.1 of the Act is repealed.

115. The Act is amended by adding the following after section 535.2:

Report on alternatives to signature

535.3 Without delay after exercising his or her authority under section 18.3, the Chief Electoral Officer shall report to the Speaker of the House of Commons as to the manner in which a requirement under a provision of this Act for a signature may be satisfied.

2006, c. 9, s. 177

116. Section 536 of the Act is replaced by the following:

Submission of report to House of Commons

536. The Speaker of the House of Commons shall submit a report received by him or her from the Chief Electoral Officer under section 534, 535, 535.2 or 535.3 to the House of Commons without delay.

2006, c. 9, s. 136

117. Subsection 540(4) of the Act is replaced by the following:

Exception

(4) Subsection (3) does not prohibit the Chief Electoral Officer, any authorized member of his or her staff or the Commissioner from inspecting the documents referred to in that subsection, and any of those documents may be produced by the Commissioner for the purpose of an inquiry made under subsection 510(1) or provided to the Director of Public Prosecutions, who may produce them for the purpose of a prosecution — or possible prosecution — by the Director for an offence under this Act.

2003, c. 19, s. 64

118. Subsection 541(1) of the Act is replaced by the following:

Inspection of instructions, correspondence and other reports

541. (1) All documents referred to in section 432, 437, 475.4, 476.75, 477.59 or 478.8, all other reports or statements, other than election documents received from election officers, all instructions issued by the Chief Electoral Officer under this Act, all decisions by him or her on points arising under this Act and all correspondence with election officers or others in relation to an election are public records and may be inspected by any person on request during business hours.

119. (1) Section 542 of the Act is amended by adding the following after subsection (1):

Treasury Board directive

(1.1) The tariff may incorporate by reference any Treasury Board directive regarding travel and living expenses, as it is amended from time to time.

(2) Section 542 of the Act is amended by adding the following after subsection (3):

Payment of additional sums

(4) If it appears to the Chief Electoral Officer that the fees, costs, allowances and expenses provided for by a tariff under subsection (1) are not sufficient remuneration for the services required to be performed at an election or that a claim for any necessary service performed or for materials supplied for or at an election is not covered by the tariff, the Chief Electoral Officer may authorize the payment of any sum or additional sum for the services or materials that he or she considers just and reasonable.

120. Section 543 of the Act is replaced by the following:

Payment of claims

543. All claims that relate to the conduct of an election shall be paid by electronic payment credited to the accounts of persons who are entitled to payment or by separate cheques issued from the office of the Receiver General and sent directly to such persons.

121. Section 545 of the Act is repealed.

122. Section 552 of the Act is replaced by the following:

Tabling of forms

552. Each form established for the purposes of paragraph 432(1)(a) or 437(1)(a) shall be laid before the House of Commons on any of the first 15 days that it is sitting after the form is made by the Chief Electoral Officer.

123. (1) Paragraph 553(d) of the Act is replaced by the following:

(d) any fees, costs, allowances or expenses referred to in subsection 542(1) or (4);

(2) Section 553 of the Act is amended by adding “and” after paragraph (d), by striking out “and” at the end of paragraph (e) and by repealing paragraph (f).

124. Subsection 554(2) of the Act is replaced by the following:

Amendments

(2) It is the duty of the Chief Electoral Officer immediately after the coming into force of an amendment to this Act to publish a consolidated version of this Act on the Chief Electoral Officer’s Internet site, to correct and reprint all forms and instructions affected by it and to publish a notice in the Canada Gazette as soon as the consolidated version has been so published and the forms and instructions have been so corrected and reprinted.

2001, c. 21, s. 26

125. Part 22 of the Act is repealed.

126. The Act is amended by adding, after Schedule 3, the Schedule 4 set out in the schedule to this Act.

Transitional Provisions

Chief Electoral Officer — application of section 13

127. Despite section 13 of the Canada Elections Act, as enacted by section 3, the person who occupies the position of Chief Electoral Officer immediately before the day on which that section 3 comes into force may continue to hold office until he or she reaches the age of 65 years.

Coming into force during election period

128. (1) If section 86 comes into force during an election period, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to that election and all related obligations and rights including obligations to report and rights to reimbursement of election expenses.

Prior elections

(2) All obligations and rights arising out of any election that took place before the day on which section 86 comes into force and that are still outstanding on that day, including obligations to report and rights to reimbursement of election expenses, are subject to the Canada Elections Act as it read at the time of that election.

Prior loans and unpaid claims

129. Loans made before the day on which section 86 comes into force, and claims that are still unpaid on that day, are subject to the Canada Elections Act as it read immediately before that day.

Registered parties — financial reporting

130. For the fiscal period of a registered party during which section 86 comes into force, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to the documents that the registered party is to provide in relation to its financial transactions for that fiscal period.

Registered associations — financial reporting

131. For the fiscal period of a registered association during which section 86 comes into force, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to the documents that the registered association is to provide in relation to its financial transactions for that fiscal period.

Coming into force during nomination contest

132. (1) If section 86 comes into force during a nomination contest, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to that nomination contest and all related obligations including obligations to report.

Prior nomination contests

(2) All obligations arising out of any nomination contest that took place before the day on which section 86 comes into force and that are still outstanding on that day, including obligations to report, are subject to the Canada Elections Act as it read at the time of that nomination contest.

Coming into force during leadership contest

133. (1) If section 86 comes into force during a leadership contest, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to that leadership contest and all related obligations including obligations to report.

Prior leadership contests

(2) All obligations arising out of any leadership contest that took place before the day on which section 86 comes into force and that are still outstanding on that day, including obligations to report, are subject to the Canada Elections Act as it read at the time of that leadership contest.

Commissioner of Canada Elections — continuation of term

134. (1) If the person who holds the office of Commissioner of Canada Elections immediately before the day on which section 108 of this Act comes into force has held office for at least 18 months, he or she shall continue in office and is deemed to have been appointed under subsection 509(1) of the Canada Elections Act as enacted by that section 108. However, his or her term of office begins on the date of his or her appointment under section 509 of the Canada Elections Act as it read immediately before the day on which that section 108 comes into force.

Commissioner of Canada Elections — termination

(2) If the person who holds the office of Commissioner of Canada Elections immediately before the day on which section 108 of this Act comes into force has held office for less than 18 months, his or her term of office expires on that day.

No right to compensation

(3) A person to whom subsection (2) applies does not have any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada, or from any servant or agent of Her Majesty, by reason of ceasing to hold office as a result of subsection (2).

Definition

135. (1) For the purposes of this section, “former portions” means the following portions of the federal public administration in the Office of the Chief Electoral Officer:

(a) the portion known as the Investigations Directorate;

(b) the portion known as the Compliance and Enforcement Directorate; and

Transfer of appropriations

(2) Any amount that was appropriated, for the fiscal year in which this section comes into force, for defraying the charges and expenses in respect of the former portions and that, on the day on which this section comes into force, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the Office of the Director of Public Prosecutions for the purposes of the powers, duties and functions of the Commissioner of Canada Elections.

Continuation of legal proceedings

(3) Any action, suit or other legal proceedings to which the Chief Electoral Officer is a party relating to the former portions that is pending in any court immediately before the day on which this section comes into force may be continued by or against the Director of Public Prosecutions in the same manner and to the same extent as it could have been continued by or against the Chief Electoral Officer.

Employment continued

(4) Nothing in this Act is to be construed as affecting the status of an employee who, immediately before the day on which this section comes into force, occupied a position in the former portions, except that the employee shall, beginning on that day, occupy his or her position in the Office of the Director of Public Prosecutions.

R.S., c. E-3

ELECTORAL BOUNDARIES READJUSTMENT ACT

136. The Electoral Boundaries Readjustment Act is amended by adding the following before section 29:

Administrative support services

28.1 Despite any other Act of Parliament, the Chief Electoral Officer may provide administrative support services to commissions to assist them in performing their duties under this Act, including by undertaking activities that support

(a) human resources management services;

(b) financial management services;

(d) information technology services;

(e) communications services;

(f) services relating to real property and immovables;

(g) materiel services; and

(h) acquisition services.

1993, c. 38

TELECOMMUNICATIONS ACT

137. (1) Subsection 71(1) of the Telecommunications Act is replaced by the following:

Designation of inspectors

71. (1) The Commission may designate any qualified person as an inspector for the purpose of verifying compliance with the provisions of this Act or any special Act for which the Commission is responsible, with the provisions of Division 1.1 of Part 16.1 of the Canada Elections Act and with the decisions of the Commission under this Act.

1999, c. 31, s. 207(F)

(2) Paragraph 71(4)(a) of the Act is replaced by the following:

(a) subject to subsection (5), enter and inspect, at any reasonable time, any place that is owned by or under the control of any Canadian carrier in which the inspector believes on reasonable grounds there is any document, information or thing relevant to the enforcement of this Act or any special Act or any place in which the inspector believes on reasonable grounds there is any document, information or thing relevant to the enforcement of Division 1.1 of Part 16.1 of the Canada Elections Act, and examine the document, information or thing or remove it for examination or reproduction;

(3) Paragraph 71(6)(a) of the French version of the Act is replaced by the following:

a) le local d’habitation est un lieu visé à l’alinéa (4)a);

(4) Paragraph 71(6)(b) of the Act is replaced by the following:

(b) that entry to the dwelling-place is necessary for the enforcement of this Act, any special Act or Division 1.1 of Part 16.1 of the Canada Elections Act, and

2005, c. 50, s. 2

138. The portion of section 72.01 of the Act before paragraph (a) is replaced by the following:

Commission of violation

72.01 Every contravention of a prohibition or requirement of the Commission under section 41 and every contravention of any provision of Division 1.1 of Part 16.1 of the Canada Elections Act constitutes a violation and the person who commits the violation is liable

2005, c. 50, s. 2

139. Section 72.05 of the Act is replaced by the following:

Information requirement

72.05 A person authorized to issue notices of violation who believes that a person is in possession of information that the authorized person considers necessary for the administration of section 41 of this Act or any provision of Division 1.1 of Part 16.1 of the Canada Elections Act may require that person to submit the information to the authorized person in periodic reports or in any other form and manner that the authorized person specifies.

2005, c. 50, s. 2

140. (1) Paragraph 72.06(1)(a) of the Act is replaced by the following:

(a) subject to subsection (2), enter and inspect, at any reasonable time, any place in which he or she believes on reasonable grounds there is any document, information or thing relevant to the enforcement of section 41 of this Act or any provision of Division 1.1 of Part 16.1 of the Canada Elections Act, and examine the document, information or thing or remove it for examination or reproduction;

2005, c. 50, s. 2

(2) Paragraph 72.06(3)(b) of the Act is replaced by the following:

(b) that entry to the dwelling-place is necessary for the enforcement of section 41 of this Act or any provision of Division 1.1 of Part 16.1 of the Canada Elections Act; and

2005, c. 50, s. 2

141. Subsection 72.1(2) of the Act is replaced by the following:

Common law principles

(2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence in relation to a contravention of a prohibition or requirement of the Commission under section 41, or a contravention of any provision of Division 1.1 of Part 16.1 of the Canada Elections Act, applies in respect of a violation to the extent that the rule or principle is not inconsistent with this Act.

2005, c. 50, s. 2

142. Section 72.14 of the Act is replaced by the following:

How act or omission may be proceeded with

72.14 If a contravention of a prohibition or a requirement of the Commission under section 41, or a contravention of any provision of Division 1.1 of Part 16.1 of the Canada Elections Act, can be proceeded with either as a violation or as an offence, proceeding in one manner precludes proceeding in the other.

143. The Act is amended by adding the following after section 72.15:

Group considered corporation

72.16 For the purposes of sections 72.01 to 72.15, a group as defined in section 348.01 of the Canada Elections Act is considered to be a corporation.

144. (1) Subsection 73(2) of the Act is amended by striking out “or” at the end of paragraph (c), by adding “or” at the end of paragraph (d) and by adding the following after paragraph (d):

(e) contravenes any provision of Division 1.1 of Part 16.1 of the Canada Elections Act

(2) Section 73 of the Act is amended by adding the following after subsection (8):

Group considered corporation

(9) For the purposes of this section, a group as defined in section 348.01 of the Canada Elections Act is considered to be a corporation.

2006, c. 9, s. 2

CONFLICT OF INTEREST ACT

145. (1) The definition “public office holder” in subsection 2(1) of the Conflict of Interest Act is amended by adding the following after paragraph (a):

(a.1) the Chief Electoral Officer;

(2) The definition “reporting public office holder” in subsection 2(1) of the Act is amended by adding the following after paragraph (a):

(a.1) the Chief Electoral Officer;

CONSEQUENTIAL AMENDMENTS

R.S., c. A-1

Access to Information Act

146. The Access to Information Act is amended by adding the following after section 16.3:

Director of Public Prosecutions

16.31 Subject to section 541 of the Canada Elections Act, the Director of Public Prosecutions may refuse to disclose any record requested under this Act that contains information that was obtained or created by or on behalf of a person who conducts an investigation, examination or review in the performance of the functions of the Commissioner of Canada Elections under the Canada Elections Act.

R.S., c. E-3

Electoral Boundaries Readjustment Act

2011, c. 26, s. 11

147. Subsection 25(3) of the Electoral Boundaries Readjustment Act is replaced by the following:

Returning officers and electoral district associations

(3) For the purpose of authorizing and enabling, whenever required, the appointment of returning officers under section 24 of the Canada Elections Act or the registration of electoral district associations under subsection 469(4) of that Act, the representation order is deemed to be effective on the day on which the proclamation under subsection (1) is issued.

R.S., c. F-11

Financial Administration Act

148. Schedule IV to the Financial Administration Act is amended by adding the following in alphabetical order:

The portion of the federal public administration in the Office of the Director of Public Prosecutions in which the employees referred to in section 509.3 of the Canada Elections Act occupy their positions

Le secteur de l’administration publique fédérale faisant partie du Bureau du directeur des poursuites pénales dans lequel les employés visés à l’article 509.3 de la Loi électorale du Canada occupent un poste

R.S., c. 1 (5th Supp.)

Income Tax Act

149. Paragraph 230.1(1)(a) of the Income Tax Act is replaced by the following:

(a) in the case of an agent other than an official agent of a candidate, the address recorded in the registry of political parties or of electoral district associations referred to in the Canada Elections Act; and

2006, c. 9, s. 121

Director of Public Prosecutions Act

150. Subsection 3(2) of the Director of Public Prosecutions Act is replaced by the following:

Rank and status

(2) Subject to subsections 509.1(2) and (3) of the Canada Elections Act, the Director has the rank and status of a deputy head of a department.

151. Subsection 6(4) of the Act is replaced by the following:

Other powers, duties and functions

(4) Under the supervision of the Director, a Deputy Director may also act for or on behalf of the Director in the exercise of any of the other powers or the performance of any of the other duties or functions that the Director is authorized to exercise or perform under this or any other Act of Parliament, except for the powers under subsection 509(1) of the Canada Elections Act.

152. Subsection 16(1) of the Act is replaced by the following:

Annual report

16. (1) The Director shall, not later than June 30 of each year, report to the Attorney General in respect of the activities of the office of the Director and the activities of the Commissioner of Canada Elections under the Canada Elections Act — except in relation to the details of any investigation — in the immediately preceding fiscal year.

COORDINATING AMENDMENTS

This Act

153. On the first day on which both sections 5 and 76 are in force,

(a) subsections 16.1(1) and (2) of the Canada Elections Act are replaced by the following:

Guidelines and interpretation notes

16.1 (1) The Chief Electoral Officer shall, in accordance with this section, issue guidelines and interpretation notes on the application of this Act — other than Division 1.1 of Part 16.1 — to registered parties, registered associations, nomination contestants, candidates and leadership contestants.

Application

(2) The Chief Electoral Officer shall, in accordance with this section, on application by the chief agent of a registered party, issue a guideline or interpretation note on the application of a provision of this Act — other than a provision of Division 1.1 of Part 16.1 — to registered parties, registered associations, nomination contestants, candidates and leadership contestants.

(b) subsection 16.2(1) of the Canada Elections Act is replaced by the following:

Application for written opinion

16.2 (1) The Chief Electoral Officer shall, in accordance with this section, on application by the chief agent of a registered party, issue a written opinion on the application of any provision of this Act — other than a provision of Division 1.1 of Part 16.1 — to an activity or practice that the registered party or a registered association, nomination contestant, candidate or leadership contestant of the registered party proposes to engage in.

This Act

154. On the first day on which both sections 13 and 108 are in force, paragraph 509(3)(e) of the Canada Elections Act is replaced by the following:

(e) an election officer referred to in any of paragraphs 22(1)(a) to (b).

This Act

155. On the first day on which both sections 76 and 86 are in force,

(a) subsection 2(6) of the Canada Elections Act is replaced by the following:

Definition of “polling day”

(6) If a writ for an election is withdrawn under subsection 59(1) or is deemed to be withdrawn under subsection 31(3) of the Parliament of Canada Act, then, in Parts 16.1 and 17 and Divisions 1, 2, 4 and 5 of Part 18, “polling day” means the day that the writ is withdrawn or deemed to be withdrawn.

(b) subsection 426(2) of the Canada Elections Act is replaced by the following:

Prohibition — incurring expenses

(2) Subject to section 348.1, no person or entity, other than a registered agent of a registered party, shall incur the registered party’s expenses.

Prohibition — incurring expenses

(2) Subject to section 348.1, no person or entity, other than an electoral district agent of a registered association, shall incur the registered association’s expenses.

(d) subsection 476.66(5) of the Canada Elections Act is replaced by the following:

Prohibition — incurring nomination campaign expenses

(5) Subject to section 348.1, no person or entity, other than the nomination contestant or their financial agent, shall incur the contestant’s nomination campaign expenses.

(e) subsection 477.47(5) of the Canada Elections Act is replaced by the following:

Prohibition — incurring electoral expenses

(5) Subject to section 348.1, no person or entity, other than a candidate, their official agent or a person authorized under paragraph 477.55(c) to enter into contracts, shall incur expenses in relation to the candidate’s electoral campaign.

This Act

156. (1) If section 86 comes into force before subsection 80(1), then that subsection 80(1) and section 81 are repealed.

(2) If subsection 80(1) comes into force before section 86, then, on the day on which that subsection 80(1) comes into force,

(a) subsection 87(1) is replaced by the following:

87. (1) Subsection 367(1) of the Act, as enacted by section 86, is replaced by the following:

Contribution limits

367. (1) Subject to subsection 373(4), no individual shall make contributions that exceed

(a) $1,500 in total in any calendar year to a particular registered party;

(b) $1,500 in total in any calendar year to the registered associations, nomination contestants and candidates of a particular registered party;

(d) $1,500 in total in any calendar year to the leadership contestants in a particular leadership contest.

(b) subsection 158(7) is deemed to have been replaced, on the day on which this Act receives royal assent, by the following:

January 1

(7) Subsection 87(1) comes into force on the day on which subsection 80(1) comes into force.

(3) If subsection 80(1) comes into force on the same day as section 86, then that subsection 80(1) is deemed to have come into force before that section 86 and subsection (2) applies as a consequence.

This Act

157. On the first day on which both sections 76 and 108 are in force, section 509.2 of the Canada Elections Act is replaced by the following:

Duty

509.2 The Commissioner’s duty is to ensure that this Act, other than Division 1.1 of Part 16.1, is complied with and enforced.

COMING INTO FORCE

Royal assent

158. (1) Subsections 2(5) and (6), sections 3, 6, 8, 10, 11 and 15, subsections 27(2) and (3), sections 29, 35 and 36, subsections 40(1), 53(3) and (4) and 56(2) and (3), sections 72 and 74, subsections 80(2) and (3), sections 82 to 85, 88, 89 and 92, subsection 93(4), sections 94, 95, 97 and 98, subsections 100(1), 101(2) and 102(3), sections 104, 106, 109 to 111, 124, 125, 127, 136, 145 and 153 to 157 come into force on the day on which this Act receives royal assent.

Order in council

(2) Subsection 2(1), sections 108, 114 and 117, subsection 123(2) and sections 134, 135, 146, 148 and 150 to 152 come into force on a day or days to be fixed by order of the Governor in Council.

Six months after royal assent

(3) Subsections 2(2) to (4) and (7) to (9), sections 5, 7, 9, 12 to 14 and 16 to 26, subsection 27(1), sections 28, 30 to 34 and 37 to 39, subsection 40(2), sections 41 to 52, subsections 53(1), (2) and (5), sections 54 and 55, subsections 56(1) and (4), sections 57 to 71, 73, 77 to 79, 86, 90 and 91, subsections 93(1) to (3), sections 96 and 99, subsections 100(2) and (3), 101(1) and 102(1), (2) and (4), sections 103, 105, 107, 112, 113, 115, 116 and 118 to 122, subsection 123(1) and sections 126, 128 to 133, 147 and 149 come into force six months after the day on which this Act receives royal assent unless, before then, the Chief Electoral Officer publishes a notice in the Canada Gazette that the necessary preparations for the bringing into operation of those provisions have been made and that they may come into force accordingly, in which case they come into force on the day on which the notice is published.

Dissolution of Parliament

(4) Sections 4, 76 and 137 to 144 come into force on the day on which Parliament is next dissolved or, if that day occurs less than six months after the day on which this Act receives royal assent, those sections come into force six months after the day on which Parliament is next dissolved.

Section 75

(5) Section 75 comes into force on the day on which section 76 or 77 comes into force, whichever comes first.

January 1 following royal assent

(6) Subsection 80(1) and section 81 come into force on January 1 of the year following the year in which this Act receives royal assent.

January 1

(7) Subsection 87(1) comes into force on January 1 of the year following the year in which section 86 comes into force.

January 1

(8) Subsection 87(2) comes into force on January 1 of the year following the year in which subsection 87(1) comes into force.